Аль-Касас 28:27

Two important conditions for hiring a person, and assigning a job

Allah Ta` ala made the daughter of Sayyidna Shu'aib (علیہ السلام) say something of great wisdom. In the present set up of employment, great emphasis is laid at the time of interviews on scrutinizing the degrees and experience of a candidate, but no attention is paid to ascertain his integrity and trustworthiness. As a result of this, there is neither efficiency nor honesty of purpose in the offices. On the contrary bribery and nepotism are so common that there seems to be no law in operation. If people could pay heed to this Qur'anic verse, many a problems would be solved automatically.

قَالَ إِنِّي أُرِ‌يدُ أَنْ أُنكِحَكَ إِحْدَى ابْنَتَيَّ هَاتَيْنِ (He (the father) said (to Musa), "I wish to marry one of these two daughters of mine to you on the condition that you serve me for eight years. - 28:27). Sayyidna Shu'aib (علیہ السلام) made the proposal of marriage of his daughter to Musa (علیہ السلام) on his own. It shows that the guardian of girls need not wait for the proposal to come from the boy's side. If a suitable good match is available, the girl's guardian may take the lead, for this has been the practice of the prophets. To quote an example, Sayyidna ` Umar Ibn Khattab ؓ had offered his daughter, Sayyidnh Hafsah ؓ for marriage to Sayyidna Abu Bakr ؓ and to Sayyidna ` Uthman ؓ when she became widow. (Qurtubi)

إِحْدَى ابْنَتَيَّ هَاتَيْنِ (one of these daughters of mine 28:27). Sayyidna Shu'aib (علیہ السلام) did not make the selection of one or the other girl for the proposal of marriage, rather he kept it vague. It was not the formal nikah, that requires offer and acceptance in presence of two witnesses, but only a discussion to have his consent to work for eight years in lieu of marriage with a girl. Sayyidna Musa (علیہ السلام) agreed to the proposal, and got married to one of the girls. The Holy Qur'an does not describe every detail of a story, the happening of which is obvious from the context. Therefore, it cannot be doubted here that without pinpointing the bride and without the presence of witnesses how the nikah was solemnized. (Ruh, Bayan ul Qur’ an)

عَلَىٰ أَن تَأْجُرَ‌نِي ثَمَانِيَ حِجَجٍ (on the condition that you serve me for eight years - 28:27). Eight years service and employment was regarded the mahr (dower) (the dower) of marriage. Scholars have different points of view on the issue, whether a service rendered to one's wife can be taken as a valid mahr (dower) or not. The subject is dealt with in detail in Ahkamul-Qur'an in Arabic language, under Surah Al-Qasas. Those who are interested can study the details there. For the common man it is enough to understand that if it is not allowed in the Muhammadi law, it might have been permitted in the code of law followed by Shu'aib (علیہ السلام) . It is not uncommon to have minor differences in the laws (Shari’ ah) brought by various prophets.

Imam Abu Hanifah (رح) has ruled in his Zahir-ur-Riwayah that the service rendered for one's wife cannot be considered as a valid mahr (dower). But in a later ruling by the scholars it is elaborated that though it is against the honour and dignity of husband to serve his wife in lieu of mahr (dower), but any duty performed outside the house, such as grazing of cattle or trading, can be made a substitute for it, provided a time frame is agreed upon before hand, as was in the case of Sayyidna Musa, where the parties had agreed before hand on eight years period of service. The reason is that the remuneration of the husband payable by his wife in this case will be treated as mahr (dower). (Bada` i', from Nawadir Ibn Sama` ah).

Another question that arises here is that the mahr (dower) is the right of wife, and if it is paid to her father or any other relative without her consent, it will be taken as not paid. In this incident the words أَن تَأْجُرَ‌نِي are a proof enough that Shu'aib (علیہ السلام) had hired him for his duty. So, the benefit of service went to him. In that situation how could this be regarded as mahr (dower) of the wife? The answer to this question is that it is quite probable that the herd of goats was the property of the girls, and therefore, the benefit of service went to his wife. Alternatively, if the goats belonged to the father and the wages were due from him, then the money of the wages payable by the father belonged to the wife, as her mahr (dower). It is lawful for a father to spend the money of his daughter with her permission. It is quite obvious that this whole deal was carried out with the consent of the girl.

Ruling

The word أُنكِحَكَ (I wish to marry...with you) has proved that the father had arranged the nikah. Jurists are unanimous that it should be done as such. It is the father's duty and privilege to make arrangements of daughter's marriage. A girl should not arrange her own marriage. But there is difference of opinion between jurists on the issue whether the nikah is lawful or not, if a girl arranges her own marriage due to some need or pressure. Imam Abu Hanifah (رح) has ruled that it is lawful. However, this verse is silent on the issue.