An-Nisa 4:35
The Women · Juz 5 · Page 84
وَإِنۡ خِفۡتُمۡ شِقَاقَ بَيۡنِهِمَا فَٱبۡعَثُواْ حَكَمٗا مِّنۡ أَهۡلِهِۦ وَحَكَمٗا مِّنۡ أَهۡلِهَآ إِن يُرِيدَآ إِصۡلَٰحٗا يُوَفِّقِ ٱللَّهُ بَيۡنَهُمَآۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا خَبِيرٗا ٣٥
And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allāh will cause it between them. Indeed, Allāh is ever Knowing and Aware.
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Commentary on 4:35
Appointing Two Arbitrators When the Possibility of Estrangement Between Husband and Wife Occurs
Allah first mentioned the case of rebellion on the part of the wife. He then mentioned the case of estrangement and alienation between the two spouses. Allah said,
وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَابْعَثُواْ حَكَماً مِّنْ أَهْلِهِ وَحَكَماً مِّنْ أَهْلِهَآ
(If you fear a breach between the two, appoint (two) arbitrators, one from his family). The Fuqaha' (scholars of Fiqh) say that when estrangement occurs between the husband and wife, the judge refers them to a trusted person who examines their case in order to stop any wrongs commited between them. If the matter continues or worsens, the judge sends a trustworthy person from the woman's family and a trustworthy person from the man's family to meet with them and examine their case to determine whether it is best for them to part or to remain together. Allah gives preference to staying together, and this is why Allah said,
إِن يُرِيدَآ إِصْلَحاً يُوَفِّقِ اللَّهُ بَيْنَهُمَآ
(if they both wish for peace, Allah will cause their reconciliation.) `Ali bin Abi Talhah reported that Ibn `Abbas said, "Allah commands that a righteous man from the husband's side of the family and the wife's side of the family are appointed, so that they find out who among the spouses is in the wrong. If the man is in the wrong, they prevent him from his wife, and he pays some restitution. If the wife is in the wrong, she remains with her husband, and he does not pay any restitution. If the arbitrators decide that the marriage should remain intact or be dissolved, then their decision is upheld. If they decide that the marriage remains intact, but one of the spouses disagrees while the other agrees, and one of them dies, then the one who agreed inherits from the other, while the spouse who did not agree does not inherit from the spouse who agreed." This was collected by Ibn Abi Hatim and Ibn Jarir. Shaykh Abu `Umar bin `Abdul-Barr said, "The scholars agree that when the two arbitrators disagree, then the opinion that dissolves the marriage will not be adopted. They also agree that the decision of the arbitrators is binding, even if the two spouses did not appoint them as agents. This is the case if it is decided that they should stay together, but they disagree whether it is binding or not when they decide for separation." Then he mentioned that the majority holds the view that the decision is still binding, even if they did not appoint them to make any decision.
Page 84
4:34
ٱلرِّجَالُ قَوَّٰمُونَ عَلَى ٱلنِّسَآءِ بِمَا فَضَّلَ ٱللَّهُ بَعۡضَهُمۡ عَلَىٰ بَعۡضٖ وَبِمَآ أَنفَقُواْ مِنۡ أَمۡوَٰلِهِمۡۚ فَٱلصَّٰلِحَٰتُ قَٰنِتَٰتٌ حَٰفِظَٰتٞ لِّلۡغَيۡبِ بِمَا حَفِظَ ٱللَّهُۚ وَٱلَّٰتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَٱهۡجُرُوهُنَّ فِي ٱلۡمَضَاجِعِ وَٱضۡرِبُوهُنَّۖ فَإِنۡ أَطَعۡنَكُمۡ فَلَا تَبۡغُواْ عَلَيۡهِنَّ سَبِيلًاۗ إِنَّ ٱللَّهَ كَانَ عَلِيّٗا كَبِيرٗا ٣٤
Men are in charge of women1 by [right of] what Allāh has given one over the other and what they spend [for maintenance] from their wealth. So righteous women are devoutly obedient, guarding in [the husband's] absence what Allāh would have them guard.2 But those [wives] from whom you fear arrogance3 - [first] advise them; [then if they persist], forsake them in bed; and [finally], strike them [lightly].4 But if they obey you [once more], seek no means against them. Indeed, Allāh is ever Exalted and Grand.
4 translator’s notes
This applies primarily to the husband-wife relationship.
[183] i.e., their husbands' property and their own chastity.
[184] i.e., major rebellion or refusal of basic religious obligations.
[185] This final disciplinary measure is more psychological than physical. It may be resorted to only after failure of the first two measures and when it is expected to amend the situation and prevent family breakup; otherwise, it is not acceptable. The Prophet ﷺ (who never struck a woman or a servant) additionally stipulated that it must not be severe or damaging and that the face be avoided.
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4:35
وَإِنۡ خِفۡتُمۡ شِقَاقَ بَيۡنِهِمَا فَٱبۡعَثُواْ حَكَمٗا مِّنۡ أَهۡلِهِۦ وَحَكَمٗا مِّنۡ أَهۡلِهَآ إِن يُرِيدَآ إِصۡلَٰحٗا يُوَفِّقِ ٱللَّهُ بَيۡنَهُمَآۗ إِنَّ ٱللَّهَ كَانَ عَلِيمًا خَبِيرٗا ٣٥
And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allāh will cause it between them. Indeed, Allāh is ever Knowing and Aware.
4:36
۞ وَٱعۡبُدُواْ ٱللَّهَ وَلَا تُشۡرِكُواْ بِهِۦ شَيۡـٔٗاۖ وَبِٱلۡوَٰلِدَيۡنِ إِحۡسَٰنٗا وَبِذِي ٱلۡقُرۡبَىٰ وَٱلۡيَتَٰمَىٰ وَٱلۡمَسَٰكِينِ وَٱلۡجَارِ ذِي ٱلۡقُرۡبَىٰ وَٱلۡجَارِ ٱلۡجُنُبِ وَٱلصَّاحِبِ بِٱلۡجَنۢبِ وَٱبۡنِ ٱلسَّبِيلِ وَمَا مَلَكَتۡ أَيۡمَٰنُكُمۡۗ إِنَّ ٱللَّهَ لَا يُحِبُّ مَن كَانَ مُخۡتَالٗا فَخُورًا ٣٦
Worship Allāh and associate nothing with Him, and to parents do good, and to relatives, orphans, the needy, the near neighbor, the neighbor farther away, the companion at your side,1 the traveler, and those whom your right hands possess. Indeed, Allāh does not like those who are self-deluding and boastful,
1 translator’s note
- i.e., those whose acquaintance you have made. Also interpreted as the wife. ↩
4:37
ٱلَّذِينَ يَبۡخَلُونَ وَيَأۡمُرُونَ ٱلنَّاسَ بِٱلۡبُخۡلِ وَيَكۡتُمُونَ مَآ ءَاتَىٰهُمُ ٱللَّهُ مِن فَضۡلِهِۦۗ وَأَعۡتَدۡنَا لِلۡكَٰفِرِينَ عَذَابٗا مُّهِينٗا ٣٧
Who are stingy and enjoin upon [other] people stinginess and conceal what Allāh has given them of His bounty - and We have prepared for the disbelievers a humiliating punishment -
Translation: Saheeh International · Text and layout: Quran Foundation · Mushaf fonts: King Fahd Complex, provided by Quran Foundation · Privacy