وَلَا تَنكِحُوا مَا نَكَحَ آبَاؤُكُمْ مِنْ النِّسَاءِ
إِلَّا مَا قَدْ سَلَفَ إِنَّهُ كَانَ فَاحِشَةً وَمَقْتًا وَسَاءَ سَبِيلًا
حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ
وَعَمَّاتُكُمْ وَخَالَاتُكُمْ وَبَنَاتُ الْأَخِ وَبَنَاتُ الْأُخْتِ
وَأُمَّهَاتُكُمْ اللَّاتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُمْ مِنْ الرَّضَاعَةِ
وَأُمَّهَاتُ نِسَائِكُمْ وَرَبَائِبُكُمْ اللَّاتِي فِي حُجُورِكُمْ مِنْ
نِسَائِكُمْ اللَّاتِي دَخَلْتُمْ بِهِنَّ فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ
بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ وَحَلَائِلُ أَبْنَائِكُمْ وَحَلَائِلُ
أَبْنَائِكُمْ الَّذِينَ مِنْ أَصْلَابِكُمْ وَأَنْ تَجْمَعُوا بَيْنَ
الْأُخْتَيْنِ إِلَّا مَا قَدْ سَلَفَ إِنَّ اللَّهَ كَانَ غَفُورًا رَحِيمًا
وَالْمُحْصَنَاتُ مِنْ النِّسَاءِ إِلَّا مَا مَلَكَتْ أَيْمَانُكُمْ كِتَابَ
اللَّهِ عَلَيْكُمْ (٤:
٢٢-٢٤)
And marry not women whom
your fathers married – except what has been done in the past: it was
shameful and odious – an abominable practice indeed. Prohibited to you [for
marriage] are your mothers, daughters, sisters, your maternal and paternal
aunts, the daughters of your brothers and sisters; your mothers who have
suckled you and your sisters through fosterage, the mothers of your wives,
your step-daughters raised under you born of your wives with whom you have
lain – no offence if you have not lain with their mothers, and the wives of
your begotten sons, and two sisters in wedlock at the same time, except for
what has already happened. God indeed is Oft-Forgiving, Most Merciful. Also
[prohibited are] women already married, except those whom your right hands
possess; this is a written obligation upon you from God. (4:22-4)
The above quoted verse
enlists women with whom marriage has been prohibited. The list begins with
the step mother and ends with women who are married to someone. In between
these two, the prohibited women mentioned are based on the three bases of
relationship: Lineage, Fosterage and Marriage.
In certain sections of the
Arab Jāhiliyyah, there was a tradition according to which a son inherited
the wife of his father and he would feel nothing wrong with inheriting her.
The Qur’ān refers to it as open lewdness and a shameful and abominable
practice. Consequently, it prohibited this practice and declared that
whatever happened in the past shall be overlooked but in future no Muslim
should perpetrate such an indecent act.
Similar is the case of the
woman who is married to someone. No person has the right to marry her unless
she is legally divorced from her husband. It is obvious that such a practice
totally negates the very reason for which the institution of family has been
set up. Consequently, it has been prohibited. Slave ladies of those times,
however, were exempted from this rule because as soon as they married anew
their previous marriage stood annulled automatically. The Qur’ān has
referred to this exception by the words ‘إِلَّا مَا
مَلَكَتْ أَيْمَانُكُمْ’.
The matter of the remaining
prohibitions shall now be taken up.
Relationships by Lineage
The verse first of all
mentions the seven relations prohibited because of lineage viz: mothers,
daughters, sisters, paternal aunts, maternal aunts and the daughters of the
brothers and sisters (nieces). These relations are possess such sanctity
that a person whose nature has not been perverted cannot even think of any
sexual inclination towards them. There is no doubt that it is this sanctity
which is the fountainhead of the pure and unadulterated emotions of
affection and gentleness. On such emotions is based the foundation of a
community and it is these emotions who play a primary role in the
development of family. They are the source of a civilized and cultured
society. The Almighty wants that gaze of a son for his mother, of a father
for his daughter, of a brother for his sister, of a nephew for both his
maternal and paternal aunts, of a maternal and a paternal uncle for their
niece should remain free from the slightest trace of sexual leaning. Sense
and reason also bear witness that any sort of sexual proclivity between
these relations is devastating for human dignity and honour and is totally
against the unadulterated state of chastity and purity that distinguishes
man from animals.
The directive stated in
these verses regarding these relations is very clear. However, three aspects
about this directive should remain clear:
Firstly, the words used for
these relations in Arabic entail that no distinction be made between step
and real relations. Consequently, both a real mother and a step mother, a
real sister and a step sister, for example, would equally be addressees of
this directive. Similar is the case for the real or step sister of a father
and mother. Likewise is the case of the daughters of brothers and sisters.
Whether they are real or step, their daughters will be regarded as
addressees of this directive.
Secondly, the word ‘mother’
also connotes the ‘the mother’s mother and the word ‘father’ connotes the
‘father’s father’. Likewise the word ‘daughter’ also implies the ‘grand
daughter’. No discrimination can be made between them regarding this
directive.
Thirdly, the sister of the
maternal grandfather and the sister of the paternal grandmother are like
paternal and maternal aunts respectively. Hence, they shall also be included
on equal basis in the application of the directive.
Relationships by Fosterage
Foster relationships have a
similar sanctity as the real ones. While commenting on this aspect Imām Amīn
Ahsan Islāhī, writes:
In our society, people
do not consider foster relationships as strong as what the Arabs considered
them to be. This is because of the difference in customs between their
society and ours. The truth of the matter is that this relationship has deep
resemblance with the maternal relationship. A mother who suckles and brings
up a child is his half mother if not a full one. Moreover, how is it
possible that a child not be influenced by someone whose milk nourished and
sustained him. An absence of such influence would mean that his nature has
been perverted and it was necessary for a religion like Islam which conforms
to human nature to reform such perversion.
While explaining how
exactly a foster relationship is formed, Imām Amīn Ahsan Islāhī writes:
Such a relationship is
not formed by some incidental episode of suckling a child. The words of the
Qur’ān stated in this verse clearly testify that this relationship is
established only with the full intent of those involved. In other words, a
chance happening does not establish this relationship; it only comes into
being after it is planned and is well thought of. Consequently, in the first
place, the words used are ‘وَأُمَّهَاتُكُمْ اللَّاتِي
أَرْضَعْنَكُمْ’ (your mothers who have suckled you). Secondly, the
word ‘رَضَاعَة’ (Radā‘ah) is used: ‘وَأَخَوَاتُكُمْ
مِنْ الرَّضَاعَة’. People conversant with the subtlety of the Arabic
language know that the verb ‘اِرْضَاع’ (Irdā‘) is
from the If‘āl category which in general has an element of emphasis in it.
Moreover, the word ‘رَضَاعَة’ (Radā‘ah) is
absolutely inappropriate to be used when a lady suckles a crying child to
soothe him.
The Prophet (sws) has also
explained the above purport of the Qur’ān in the following words:
Ā’ishah (rta) narrates from
the Prophet (sws): If one or two drops are drunk by chance, then this does
not prohibit a relationship.
Ā’ishah (rta) narrates:
Once when the Prophet (sws) came over to my house, a person was sitting
there. He disliked this situation and I could see a feeling of disgust on
his face. I said: ‘O Messenger of God this is my foster brother’. The
Prophet (sws) replied: ‘Do consider all such brothers because a foster
relationship is only established in the time when a child is suckled in the
age when he needs milk.
Here no one should
misconceive the case of Sālim, the adopted son of Abū Hudhayfah (rta), who
was suckled in mature age. What at most can be said about this case was that
the Prophet (sws) had suggested a way to deal with the situation that had
arisen after the newly revealed directive of the Qur’ān regarding adopted
children. It cannot be made the basis of a permanent directive. The case of
Sālim is thus:
فجاءت سهلة بنت سهيل بن عمرو القرشي ثم العامري وهى امرأة
أبي حذيفة فقالت يا رسول الله إنا كنا نرى سالما ولدا وكان يأوي معي ومع أبي
حذيفة في بيت واحد ويراني فضلا وقد أنزل الله عز وجل فيهم ما قد علمت فكيف ترى
فيه فقال لها النبي أرضعيه (ابو داؤد ‘ رقم
١٧٦٤)
Sahlah who was the wife
of Abū Hudhayfah (rta) and the daughter of Suhayl Ibn ‘Amr Qarshī ‘Āmirī
once came to the Prophet (sws) and said: ‘O Messenger of God, we do consider
Sālim as our son. He used to live with me and with Abū Hudhayfah in the same
house and would see me in my house clothes. You are well aware of the
directive which the Almighty has revealed about such boys. Now, what is your
opinion regarding this matter?’ The Prophet (sws) replied: ‘Feed him with
your milk’. (Abū Dā’ūd, No: 1764)
Hence, it is absolutely
certain that for fosterage it is essential that the child be in the suckling
age and that the matter be a planned one and not an incidental one.
Moreover, foster relations become prohibited for marriage just as the ones
through lineage are. This is the very purport of the Qur’ān. However, the
style in which this directive is stated – peculiar to the sublime language
of the Qur’ān – is such that what is self evident because of intrinsic
evidence or because of some logical outcome is not stated in words. The
words used are: ‘وَأُمَّهَاتُكُمْ اللَّاتِي
أَرْضَعْنَكُمْ وَأَخَوَاتُكُمْ مِنْ الرَّضَاعَةِ’ (your mothers who
have suckled you and your sisters through fosterage). As stated, together
with foster mothers, foster sisters are also regarded as relations
prohibited for marriage. Had the directive ended with foster mothers,
nothing further could have been understood from it; however, if the
relationship of fosterage with a mother makes her daughter a foster sister,
then it is but logical to regard other relations of the foster mother to be
also included in this directive. If being suckled through the same mother
can make someone a foster sister, why can’t the sister of the foster mother
be regarded as the maternal aunt, her husband as the father, the sister of
her husband as the paternal aunt, her daughter’s daughter and her son’s
daughter as nieces. Hence, it is obvious that all these relations are also
prohibited in marriage. This indeed is the purport of the Book of God and
the words
‘وَأَخَوَاتُكُمْ
مِنْ الرَّضَاعَةِ’ testify to it. It is evident to any person of
knowledge who deliberates on these words.
The Prophet (sws) is
reported to have said:
يحرم من الرضاعة ما يحرم من الولادة (مُؤَطّا رقم
١١٠٢ )
Every relationship which
is prohibited [for marriage] owing to lineage is also prohibited owing to
fosterage. (Mu’attā, No: 1102)
Relationships by Marriage
After a mention of
relationships prohibited for marriage on the basis of lineage and fosterage,
relationships which are prohibited for marriage on the basis of marriage
itself are mentioned in the verse quoted above. Such is the obviousness of
the sanctity of these relationships in human nature that no reasoning is
required. Consequently, the daughter in law is prohibited for the father,
and the mother in law, the wife’s daughter,
the wife’s sister and both nieces
of the wife are all prohibited for the husband. However, since these
relationships are formed through the husband and the wife, a degree of
weakness is found in them. Owing to this reason, the Qur’ān has imposed the
following three conditions on the prohibitions of these relationships:
Firstly, only the daughter
of that wife is prohibited with whom one has had conjugal contact.
Secondly, only the
daughter-in-law of a begotten son is prohibited.
Thirdly, the sister of a
wife and her two nieces are only prohibited if the wife is in wedlock with
the husband.
The first of the above
mentioned conditions is referred to in the Qur’ān in these words: ‘وَرَبَائِبُكُمْ
اللَّاتِي فِي حُجُورِكُمْ مِنْ نِسَائِكُمْ اللَّاتِي دَخَلْتُمْ بِهِنَّ
فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ’
(your step-daughters raised under you born of your wives with whom you have
lain – no offence if you have not lain with their mothers). Here, together
with the condition of conjugal contact, it is also said that step daughters
who are raised under the guardianship of the husbands. It is evident that
this last qualification is not a condition. While explaining this aspect,
Imām Amīn Ahsan Islāhī writes:
In the Arabic language
not every attribute is meant to impose a condition such that if the
attribute does not exist, the directive would stand null and void. Intrinsic
evidence and the context of the verse shows which attribute signify a
condition and which merely portrays a situation. In this particular
instance, it is not only the context and intrinsic evidence but explicit
words which testify that the daughter of a wife from the previous husband is
only prohibited if the husband has had conjugal contact with the wife. It is
thus evident that the real reason of prohibition for such a daughter is
conjugal contact with her mother. If this is the case, then the husband
cannot marry such a daughter whether she has been raised under his
guardianship or not. It must be kept in consideration that in the lofty
classical Arabic, especially that of the Qur’ān, a negation after a positive
assertion or vice versa is never without purpose: they are indeed very
meaningful. Mostly, such a style is meant to remove ambiguity from a
statement. Hence, the view of some people that marriage with only that
daughter of a wife is also
forbidden who is raised by the husband’s is incorrect.
The second condition stated
in the verse is mentioned by the words ‘وَحَلَائِلُ
أَبْنَائِكُمْ الَّذِينَ مِنْ أَصْلَابِكُمْ’ (and the wives of your
begotten sons). The reason for this condition of ‘begotten sons’ is that in
the time of the Prophet (sws) people used to consider marriage with the
wives of the adopted sons as prohibited. By imposing this condition, the
Qur’ān has elucidated the fact that mere adoption does not give the child
the status of a begotten child and nor does this adoption entail any
prohibition regarding marriage. The words of the Qur’ān are:
وَمَا جَعَلَ أَدْعِيَاءَكُمْ أَبْنَاءَكُمْ ذَلِكُمْ
قَوْلُكُمْ بِأَفْوَاهِكُمْ وَاللَّهُ يَقُولُ الْحَقَّ وَهُوَ يَهْدِي
السَّبِيلَ ادْعُوهُمْ لِآبَائِهِمْ هُوَ أَقْسَطُ عِنْدَ اللَّهِ فَإِنْ لَمْ
تَعْلَمُوا آبَاءَهُمْ فَإِخْوَانُكُمْ فِي الدِّينِ وَمَوَالِيكُمْ (٣٣:
٤-٥)
And nor has He made your
adopted sons yours sons. Such is your speech by your mouths and Allah says
the truth, and only He shows the right way. Call them after [the names of]
their fathers: that is more just in the sight of Allah. But if you know not
their fathers, then they are your brothers in faith and your friends.
(33:4-5)
The third condition is
stated in the words: ‘وَأَنْ تَجْمَعُوا بَيْنَ
الْأُخْتَيْنِ’ (and two sisters in wedlock at the same time). A
little deliberation shows that this expression is of the same style as the
one which has been discussed before under foster relationships. Although the
Qur’ān has only stated the prohibition of two sisters in simultaneous
wedlock, it is evident that if combining two sisters in wedlock is a lewd
thing as far as the relationship of marriage is concerned, then combing a
paternal aunt with the brother’s daughter in wedlock and the maternal aunt
with the sister’s daughter in wedlock is like combining a mother and a
daughter in wedlock. Hence, though the words used are: ‘وَأَنْ
تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ’, the purport of the Qur’ān no doubt
is: اْلمَرْاةِ بَيْنَ اْلمَرْاةِ وَ عَمَّتِهَا وَ بَيْنَ
وَ وَأَنْ تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ وَ خَالَتِهَا (and two
sisters in wedlock at the same time and the paternal aunt with the brother’s
daughter at the same time and the maternal aunt with the sister’s daughter
at the same time). However, all these words are suppressed after ‘بَيْنَ
الْأُخْتَيْنِ’, because what is mentioned points towards this
suppression as obviously understood. So obvious are the words of this
suppression that no student of the Qur’ān can err in understanding them.
The Prophet (sws),
consequently, is reported to have said:
لا يجمع بين المرأة وعمتها ولا بين المرأة وخالتها (مُؤَطّا
رقم
٩٧٧)
Neither can a lady and
her paternal aunt nor can a lady and her maternal aunt can be combined in
wedlock. (Mua’ttā, No: 977)
(Translated from ‘Mīzān’ by
Shehzad Saleem)
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