An-Nisa 4:127–132

1. The Qur'anic words وَتَرْ‌غَبُونَ أَن تَنكِحُوهُنَّ admit two possible translations: First, and tend to marry them," which refers to the people who, attracted to the beauty of the orphan girls, used to marry them without giving them the due rights- of a wife. The second possible translation is: and you avoid marrying them". It refers to the people who did not marry the orphan girls because of their unattractive features, but at the same time did not let them marry others, because they wanted that their wealth should remain in their hands.

At the beginning of this Surah, particular injunctions relating to orphans and women were mentioned. Also stressed there was the mandatory nature of the need to fulfill their rights. The reason was that, during the days of Jahiliyyah, some people would simply refuse to give any part of the inheritance to them, others would unlawfully eat up what they got in inheritance or through any other alternate source, still others would marry them but avoided paying full dower they were entitled to; these were practices prohibited as stated earlier. This caused different situations to arise. There were those who thought that women and children are not entitled to inherit as a matter of right - may be, this injunction had come as an expedient measure for some people only and it was likely that it will be abrogated later. Some of them even waited for this to happen. But, when there was no abrogation, they decided among themselves that they should go directly to the Holy Prophet ﷺ and ask him. This they did. According to Ibn Jarir and Ibn al-Mundhir, this very question was the reason behind the revelation of this verse and the verses which followed carried additional rulings relating to women (Bayan al-Qur'an).

Commentary

Some Qur'anic Instructions about Married Life

Verses 128-130 which begin with the words: وَإِنِ امْرَ‌أَةٌ خَافَتْ مِن بَعْلِهَا (And if a woman fears ill treatment or aversion from her husband ...) and end at وَاسِعًا حَكِيمًا (... All-Embracing, All-Wise) carry instructions about the painful and hard part of married life which is faced by every married couple during one or the other stage of their long association. This is mutual displeasure and tension which, if allowed to prevail without being checked through proper control, does not only result in severe problems for the couple in their married lives but also, at times, carries the evil effects to families and tribes involving them in all sorts of mutual confrontation and even fighting and killing. The Glorious Qur'an has come to introduce a system of family life for man and woman both, keeping in view the whole range of their feelings. This system when followed will definitely make a home a paradise. Love and harmony will replace whatever bitterness there may be in the family. Just in case, inevitable circumstances bring the couple to the limit of separation, it would still be desirable to see that the parting of ways is done smoothly and painlessly. After that, when the relation-ship breaks, it is also necessary to watch that it leaves no emotional fallouts in the form of enmity, hostility, harm or hurt.

Out of these three verses, verse 128 is about circumstances under which relationship between a husband and wife becomes strained for reasons beyond their control. Both parties seem to be helpless in the matter. However, their mutual bitterness makes it likely that they will fail in fulfilling the rights they have on each other. For example, a husband does not have amorous feelings in his heart for his wife and she has no control over the means which could change his heart. She may be ugly or aged while the husband is handsome. Thus, it is obvious that the woman cannot be blamed in any way for what she is, nor can the man be censured for whatever he is.

Eventualities of this nature as part of the background in which the worse under reference was revealed, have been reported in Mazhari and elsewhere. Under such circumstances, as for men, the general rule given by the Holy Qur'an is: فَإِمْسَاكٌ بِمَعْرُ‌وفٍ أَوْ تَسْرِ‌يحٌ بِإِحْسَانٍ (2:229) that is, 'retain in an honourable manner or part amicably'. It means that if the intention is to continue living with one's wife, then, it is necessary to live with her amicably, fulfilling all rights due to her in the recognized manner. For anyone who finds himself incapable of doing so, it is proper to release her from the bond of marriage in a decent way. Now, if the woman too is willing to be released, the situation is open and clear as the parting of ways will come about in a pleasant manner. But, should it be that the woman, under such conditions, is not willing to secure her release - whether in the interest of her children or because she has no other supporter - then, she is left with only one alternative: Get the husband to agree to some option. For example, the woman may surrender all or some of her rights while the husband takes it to be reasonable enough as it unburdens him of many claims against him with the advantage of having a wife in bonus. May be this arrangement makes peace prevail between them.

That such a compromise could be expected has been pointed out in this verse of the Holy Qur'an by saying: وَأُحْضِرَ‌تِ الْأَنفُسُ الشُّحَّ (Avarice is made to be present in human souls). In such a compromise, the greed of the woman lies in her intense desire to protect the future of her children for she fears that her release from the husband will ruin it, or that her life elsewhere may come out to be more bitter. On the other side, the husband is tempted by what the woman does. He sees that she has forgiven her dower due on him fully or partly and that she has also stopped from claiming other rights as well. Why then, he may think, should it be at all difficult for him to get along with her? Thus, a mutual compromise would become easy.

Then, along with this, it was also said:

وَإِنِ امْرَ‌أَةٌ خَافَتْ مِن بَعْلِهَا نُشُوزًا أَوْ إِعْرَ‌اضًا فَلَا جُنَاحَ عَلَيْهِمَا أَن يُصْلِحَا بَيْنَهُمَا صُلْحًا

"And if a woman fears ill treatment or aversion from her husband, then, there is no sin upon them in entering into a compromise between them."

Here, the expression فَلَا جُنَاحَ عَلَيْهِمَا (…there is no sin upon them ...) has been used to cover the nature of the deal which, on the surface, appears to be a sort of bribe where the husband has been tempted with the forgiveness of dower and other claims and the bond of marital life has been kept intact. But, this (sagacious) statement of the Qur'an has made it clear that this is not included under bribery. Instead, it is included under expediency in the sense of a wise consideration under complex circumstances when the parties involved surrender their initial claims and agree to some moderated mean. This is permissible.

The Interference of Others in a marital Dispute

According to al-Tafsir al-Mazhari, the words used in the Holy Qur'an at this place are: أَن يُصْلِحَا بَيْنَهُمَا صُلْحًا . It means that the husband and wife should enter into a compromise in between them. Here, the word بَيْنَهُمَا (between the two of them) suggests that it is better if no third person interferes in husband-wife matters - let the two of them come to mutual compromise on some basis. This is because the injection of a third person may, at times, make the very compromise impossible. Even if such a compromise is reached, the weaknesses of the couple get exposed before a third person unnecessarily, staying safe against which is expedient for both parties.

Towards the end of this verse (128), it was said:

وَإِن تُحْسِنُوا وَتَتَّقُوا فَإِنَّ اللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرً‌ا

"And if you do good and fear Allah, then, Allah is all-aware of what you do."

In the background of options given earlier, the husband did have the legal choice of releasing his wife on the basis of emotional incompatibility which made it difficult for him to fulfill her rights. Then, according to the first sentence of this verse, it is also permissible to enter into a compromise with one's wife when she offers to surrender some of her claims. Now, the last of the verse cited here brings forth a third option. The meaning of what has been said is: 'But, if you keep the fear of Allah in your heart and elect to be gracefully benign in your conduct and carry on accommodatingly with the relationship despite your emotional incompatibility and keep fulfilling her rights as due, then, this excellent conduct of yours is before Allah, the result of which is obvious. Almighty Allah will reward you for your forbearance and for the graces of your good deeds with blessings you can never imagine Perhaps, this is the reason why the text stops at; 'Allah is all-aware of what you do.' It does not spell out the return for the good deed. The hint thus given is that it will be far more than one can ever imagine.

A Summary of Comments made

When the husband, for some reason, feels emotionally estranged with his wife and realizes that his rights remain unfulfilled, he should try to correct matters which fall within the range of what the wife can do. Such effort of correction can temporarily be expressed in the form of coldness, hard advice and even soft disciplining under circumstances of extreme compulsion as it has already appeared in the early verses of Surah al-Nis-a'. If the husband loses hope in correction in spite of all his efforts, or there is something about it the correction of which is just not in the control of his wife, then comes the situation in which the law of Islam gives him the right to divorce and release his wife in a decent manner without any altercation. But, if he elects to go along with the relationship living under the same conditions while ignoring his rights and fulfilling hers in full, then, this conduct of his is highly meritorious and deserving of a great reward. In contrast, if the case is the ether way around, that is, the husband does not fulfill the necessary rights of his wife for which reason the wife wishes to be released by him. Now, under this situation, if the husband is also willing to release her, the course is clear. The woman too has the right to react when the husband wishes to release her on the basis of non-fulfillment of his rights - she too has the right to opt for her freedom. In case, the husband is not ready to release her on his own, the wife has the right to reclaim her freedom through an Islamic court. But, if she braves through the cold and crooked ways of her husband with patience surrendering her claims to due rights, carries on living with him in a spirit of accommodation and keeps fulfilling his rights, then, this is highly meritorious for her and deserving of a great reward.

The Guideline in Essence

Thus, on the one hand, the Holy Qur'an gives to both parties the legal right to remove difficulties from their relationship and to receive their due right; while, on the other, by prompting both of them to demonstrate high morals and to be patient with the loss of their rights, the instruction given was that they should abstain from severing their relationship to the farthest limit of possibility. Both parties should bypass bits of their claims and come to a compromise on some mutually agreed formula.

Compromise: The Better Option

Initially, this verse simply mentions that compromise is permissible in the event of a husband-wife difference and towards the end of the verse, the parties have been prompted to carry on with the relationship in the best spirit of patience and forbearance in the event that such a compromise does not materialize. In between, there appears a sentence which proves the desirability of compromise as the favoured choice. It was said: وَالصُّلْحُ خَيْرٌ‌ (The compromise is better). The nature of the sentence is fairly general as stated. It certainly includes husband-wife disputes in the present context. However, it also includes all other kinds of family differences as well as all mutual disputes, altercations and litigations that come up in worldly life. This is because the words of the Holy Qur'an are general - 'The compromise is better'.

Thus, the parties would fare better if they avoid being stubborn about the fulfillment of their demands in toto and elect to forgo some of these from each side and agree to a compromise on some middle ground. The Holy Prophet ﷺ has said:

کُلُ صُلحِ جَایٔزُ بَینَ اَلمُسلین اِلَّا صُلحَاً اَحَلَّ حَرَامَاً اَو حَرَّمَ حَلَالاً ، والمُسلِمُونَ عَلٰی شُرُوطِھِم اِلَّا شَرطاً حَرَّمَ حَلَالاً

"Every compromise is permissible between Muslims except a compromise in which something unlawful has been made lawful or something lawful has been made unlawful and Muslims must abide by accepted conditions except a condition in which something lawful has been made unlawful." (Narrated by M-Hakim from Kathir ibn ` Abdullah, Tafsir Mazhari)

For example, it is not permissible to enter into a compromise with one's wife on the condition that the husband will also marry her sister because Islamic law prohibits combining two sisters in the bond of marriage. This is harem or unlawful. Or, the husband may wish to compromise on the condition that he will not fulfill the rights of the other wife for this amounts to turning something lawful into something unlawful.

Since, in the hadith narration quoted above, every compromise has been declared as permissible in a general sense, Imam Abu Hanifah (رح) has deduced from this statement the ruling that all kinds of compromises are permissible. They may be with an avowal, for example, the defendant's confession that he owes $1, 000 as claimed by the plaintiff following which a compromise may be arrived at either by the surrender of a certain part of the total amount claimed by the plaintiff, or by his taking something in lieu of the claimed amount, or through a lack of avowal or disavowal by the defendant who may simply wish to reach a certain compromise no matter what the claim be in reality. Or, despite a disclaimer, the defendant may bring himself round to pay up some of the amount just to end the dispute and this very action may make the compromise possible. All these three kinds of compromise are permissible. However, in the eventuality of silence or denial, there does exist a difference among some jurists.

Finally, worth mentioning here is a problem which relates to the compromise between a married couple mentioned in this verse. If a woman makes a compromise by surrendering some of her rights, this compromise will totally eliminate the right of the woman the fulfill-ment of which stood incumbent on the husband at the time of the compromise. For example, the payment of the dower which was due to, to be paid by the husband before the compromise. So, when she makes a compromise by forgiving the whole or part of the dower, then, this dower or its part would stand devolved after which her right to claim it would lapse. But, the rights the fulfillment of which was just not obligatory on the husband at the time of the compromise - for example, the payment of expenses in the future or the right to privacy which would be applicable in the future - will not be, for all practical purposes, his responsibility to fulfill. If a compromise is reached on the basis of a surrender of these rights, the right of the woman to claim these does not devolve forever. Instead, she can declare any time she so chooses that she is not willing to forgo the right in future. Under this situation, the husband will have the choice to release her. (Tafsir Mazhari etc.)

In the last verse (130): وَإِن يَتَفَرَّ‌قَا يُغْنِ اللَّهُ كُلًّا مِّن سَعَتِهِ (And if they separate, Allah shall, through His capacity, make each of them need-free), both parties have been comforted in case all efforts to put things right between them come to naught and they have to separate. This should be no cause for concern. Allah Almighty will make each of them free from needing the other. The woman will get another home, and a source of support, and the man will find another woman. The power of Allah is extensive. There is no reason to lose hope. Let each one of the couple think of the life they had before getting married. They were two separate individuals who did not know each other as husband and wife. Almighty Allah made it possible for them to be united in marriage. The same thing can happen again.

By saying: وَكَانَ اللَّهُ وَاسِعًا حَكِيمًا (And Allah is All-Embracing, All-Wise) at the close of the verse, it has been confirmed that the dimensions of Allah's capacity are most extensive and everything that issues forth from Him is based on wisdom. It is quite possible that the very separation may be the most expedient solution of the problem. The post-separation period may bless them with mates that make their lives good to live.

No one is responsible for something beyond his control

In order to make married life pleasant and stable, the Holy Qur'an has given important instructions to both parties in these verses. Out of these, there is the verse: وَلَن تَسْتَطِيعُوا أَن تَعْدِلُوا بَيْنَ النِّسَاءِ (And you shall never be able to maintain real equality between wives ... -129) which carries a special instruction for both. At this point it will be recalled that the Holy Qur'an has already established in the beginning of Surah al-Nis-a' that a man who holds more than one wife in the bond of marriage is duty-bond to maintain justice and equality among all wives, and that if one thinks that he would be unable to fulfill this obligation, he should not take more than one wife. It was said: فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً "But, if you fear that you will not maintain equity, then, (keep to) one woman (4:3)."

The Holy Prophet ﷺ has, by his word and deed, declared that maintaining justice and equality among wives is a very emphatic injunction and he has given stern warnings to those who contravene it. Sayyidah ` A'ishah ؓ has said that the Holy Prophet ﷺ took great care in making perfectly sure that he treats his wives equally and justly. While he did so, he prayed to Allah:

اَللَّھُمَّ ھٰذا قَسمِی فِیمَا اَملِکُ ، فَلَا تَلُمنِی فِیمَا تَملِکُ وَلَا اَملِکُ

O Allah, this equalization of mine is in what I have in my control, therefore, do not make me answerable for what is in Your control (that is, emotional inclination) and not in mine.

Who could be in control of his self more than the Holy Prophet ﷺ ?

Yet, the matter of emotional inclination was what he too ruled as something out of his control and prayed to Almighty Allah that he be excused on that count.

The veneer of the words in verse 3 of Surah al-Nis-a' gave' the impression that maintaining equity between wives was ark absolute obligation which, obviously, includes equity in emotional inclination while this is something not in one's control. Therefore, in this verse of the Surah al-Nisa', the matter was clarified by saying that in things which one does not control, equality is not obligatory. However, equality shall be observed in matters within one's control, for example, equality in spending nights with them, their living standards and cost of maintenance. Allah Almighty has revealed this injunction in a way which compels a God-fearing person to put it into practice. It was said: وَلَن تَسْتَطِيعُوا أَن تَعْدِلُوا بَيْنَ النِّسَاءِ وَلَوْ حَرَ‌صْتُمْ ۖ فَلَا تَمِيلُوا كُلَّ الْمَيْلِ فَتَذَرُ‌وهَا كَالْمُعَلَّقَةِ (And you shall never be able to maintain real equality between wives, even though you are eager to. So, do not lean totally (towards one) and leave the other hanging).

This leads us to realize that the inability to maintain equality pointed out in this verse actually refers to the equality in emotional inclination which is beyond human control. Then, the words of this verse: فَلَا تَمِيلُوا كُلَّ الْمَيْلِ (So, do not lean totally ...) themselves contain the justification of this sense. This is because the words mean: 'Even though maintaining equality in emotional inclination is not within your power, yet you should not lean totally towards one of your wives so much so that you start preferring her even in matters which lie within your power and control'.

Thus, this verse of Surah al-Nisa' (129) becomes a clarification of the earlier verse (3) of the same Surah which outwarldly appeared to be suggesting that equality in motional inclination too was obligatory. Now, this verse makes it precisely clear that this is not obligatory because it does not lie in one's power. Instead, what is obligatory is the equality in matters which do lie in one's power and discretion.

This verse cannot be used against polygamy

Incidentally, the details appearing above also serve to remove the misunderstanding of those who, by juxtaposing these two verses, wish to conclude that the verse appearing at the beginning of Surah al-Nis'a

(3) says: 'If you cannot maintain equality between wives, marry only one'; while, the other verse (129) says: 'Maintaining equality between two wives is just not possible'; therefore, the outcome is: The very keeping of two (or more) wives in the bond of marriage is impermissible as such!

Though surprising, Allah Almighty has Himself phrased these very two verses with the necessary material to remove this misunderstanding. The indication given in the present verses by the use of the words: فَلَا تَمِيلُوا كُلَّ الْمَيْلِ (So, do not lean totally) has appeared immediately before while the words used in verse 3 were: فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً "But, if you fear that you will not maintain equity, then, (keep to) one woman." Here, in the later verse, saying: 'If you fear' as a condition openly indicates that maintaining justice and equality between wives is not beyond the realm of possibility or ability. Otherwise, there was no need for this extended word arrangement, more so, not to the limit of two full verses. For example, the verse which says: حُرِّ‌مَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ (Forbidden for you are your mothers and your daughters - 4:23) carries details pertaining to women marriage with whom is forbidden. Then, by saying: وَأَن تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ (and that you combine two sisters in the bond of marriage - 4:23), it has been declared that combining two sisters in marriage is unlawful. Similarly, it was quite possible to say that having more than one wife simultaneously is unlawful. If so, the restriction of بَيْنَ الْأُخْتَيْنِ (two sisters) with وَأَن تَجْمَعُوا (that you combine) would have become redundant. It was possible to say this in one single sentence, something like: وَأَن تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ (and that you combine two women in the bond of marriage) which would have made it unlawful in the absolute sense. But, the Holy Qur'an avoids this lexical brevity for the sake of a longer narration, the detail of which extends to as much as two full verses. This treatment also indicates that the verse: وَأَن تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ )that you combine two sisters in the bond of marriage - 4:23) is, in a way, suggesting the justification of combining more than one woman in the bond of marriage which is quite permissible with the condition that they should not be sisters of each other

Sequence

After having stated the rules of behaviour as related to women and orphans, the text now reminds the promise of rewards for those abiding by these rules, and the warning for those contravening them, which is the usual style of the Holy Qur'an.

Significant Inferences

Readily noticeable here is the repetition of لِّلَّهِ مَا فِي السَّمَاوَاتِ وَمَا فِي الْأَرْ‌ضِ which means that everything created in the heavens and the earth belongs to Allah. Repeated thrice, these words signify three shades of meaning. In the first place, the aim is to point out to the limitless scope of Allah's power of creation which lacks nothing. In the second instance, the objective is to focus on Allah's attribute of self sufficiency, self-adequacy and His being need-free. It means: Should one disbelieve, deny or reject the good counsel given, He is in no need of anyone's obedience for He stands ever-praised in His pristine glory.