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 (4:
22-24)
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 Jahiliyyah,
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’an
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’an
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 Imam Amin
Ahsan Islahi, 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.1
While explaining how exactly a foster
relationship is formed, Imam Amin Ahsan Islahi writes:
Such a relationship is not formed by some incidental
episode of suckling a child. The words of the Qur’an 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’ (Rada‘ah) is used:
‘وَأَخَوَاتُكُمْ
مِنْ الرَّضَاعَة’. People conversant with the subtlety of the Arabic language know that
the verb
‘اِرْضَاع’ (Irda‘) is from the
If‘al category
which in general has an element of emphasis in it. Moreover, the word
‘رَضَاعَة’ (Rada‘ah) is absolutely inappropriate to be used when a lady suckles
a crying child to soothe him.2
The Prophet (sws) has also explained the
above purport of the Qur’an in the following words:
A’ishah (rta) narrates from
the Prophet (sws): If one or two drops are drunk by chance, then this does
not prohibit a relationship.3
A’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.4
Here no one should misconceive the
case of Salim, the adopted son of Abu 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’an regarding
adopted children. It cannot be made the basis of a permanent directive.
The case of Salim 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 1764)
Sahlah who was the wife of Abu Hudhayfah (rta)
and the daughter of Suhayl Ibn ‘Amr Qarshi ‘Amiri once came to the
Prophet (sws) and said: ‘O Messenger of God, we do consider Salim as
our son. He used to live with me and with Abu 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’. (Abu Da’ud, 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’an. However, the style
in which this directive is stated – peculiar to the sublime language of
the Qur’an – 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 1102)
Every relationship which is prohibited [for marriage]
owing to lineage is also prohibited owing to fosterage. (Mu’atta,
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 daughter5, the
wife’s sister and both nieces6
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’an 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’an 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, Imam Amin Ahsan Islahi 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’an,
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 wife7
is also forbidden who is raised by the husband’s is incorrect.8
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’an 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’an 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 (33: 4-5)
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’an 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’an 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’an 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
977)
Neither can a lady and her paternal aunt nor can a lady
and her maternal aunt can be combined in wedlock. (Mua’tta, No: 977)
(Translated from ‘Mizan’
by Shehzad Saleem)
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