Maariful Quran - Mufti Shafi Usmani RA - Vol - 1 - Page

Surah Al-Baqarah 2 : 216 - 218 537reported a consensus of the community on the abrogation of theforbiddance of fighting during the 'sacred months' (Bayan al-QU~'~~).However, al-~afsir al-Mazhari answers all these arguments by sayingthat the sanctity of the 'sacred months' is clearly present in the verseknown as Ayah al-sayf or the Verse of the Sword, that is :'The number of months, with God,.is twelve (mentioned) inthe book of Allah, the day that he created the heavens and theearth; four of them are sacred' (9:36).Of the verse relating to fighting, this verse was the last one to berevealed and the Addr3ss of the Last Hajj which was delivered only 80days before the Holy Prophet g passed away clearly indicates thesanctity of the 'sacred months'. For this reason, the verses quotedcannot be regarded as abrogative of this injunction. Moreover, thesiege of Ta'if did not take place in the month of Dhul-Qa'dah. It was inShawwal, therefore, this too cannot be regarded as its abrogator. But,it can certainly be conceded that the absolute forbiddance of fightingin the 'sacred months' which seems to reflect from the verse referred toholds an exception whereby it would become permissible for Muslimsto defend themselves, or counter attack the aggressor if disbelieversthemselves start the fighting during these months. This much, then,9,5can be termed as abrogated, which finds a clarification in the verse 41$13~L ,: 'The holy month for the holy monthq (2:194).The gist of the discussion is that initiating a fight during thesemonths is forbidden for ever, but in the event that disbelievers mountan attack on Muslims, then, Muslims are permitted to fight back intheir defence. Al-Jassiis .. . has reported the narration of the blessedCompanion ~abir ibn 'Abdulliih who said that the Holy Prophet .& didnot fight in any of the 'sacred months' until such time that the initialfighting was started by the disbelievers.The evil consequences of ApostasyTowards the end of the verse (217), it has been said that the act ofturning into an apostate after having become a Muslim shall be dealt,99',. * 'with under the injunction & 41 &z;r("-rl+/ :that is, they shall bethose whose deeds have gone waste in this world and in the Hereafter.

Surah Al-Baqarah 2 : 216 - 218 538Here are some injunctions relating to the apostates:1. Some examples of 'deeds going waste in this world' are that thewife of an apostate goes out of the bond of marriage; if a relative of anapostate dies a Muslim, he gets no share in the inheritance; allobligations such as prayers and fasting fulfilled in one's state of Islamare reduced to nothing; for such a person funeral prayers are notoffered and he or she is not buried in the graveyard meant forMuslims.'Deeds going waste in the Hereafter' means that one gets noreward for acts of worship and enters the Hell to stay there for ever.2. Should an apostate become a Muslim once again, at least thismuch is certain that he could hope to salvage himself away from Hellin the Hereafter, while during the remaining tenure of his life in themortal world, the injunctions of Islam will be operative for him. But,there is a difference of opinion among jurists about what wouldhappen to a person who has already done his Hajj - would it beobligatory on him, given the capability, to do it all over again, or wouldit not? Similarly, in the Hereafter, would the reward for his previousreligious performances, such as prayers and fasting, revert back tohim, or would they not? Imam Abu ani if ah says that it is obligatoryon him to do his Hajj again and he does not subscribe to the opinionthat he will be rewarded for his previous prayers and fastings whileImam Sh3ffi differs on both issues.3. For one who is basically a disbeliever, the position is that thereward for his good deeds in a state of disbelief is held in abeyance. Ifthere comes the time when he embraces Islam, he gets a matchingreward for all such deeds, but in the event that he dies an infidel,everything goes waste. The ~ adsh statement: + ;p &ib d i : 'YOUhave embraced Islam with all the good deeds which you haveperformed earlier' means just this.4. In short, the fate of an apostate is worse than that of an originaldisbeliever. This is why Jizyah can be accepted from an originaldisbeliever while a male apostate who does not return to Islam iskilled. If the apostate is a woman, she is imprisoned for life. Thereason is that their conduct insults Islam and the insult of such abinding authority deserves no less a punishment.

Surah Al-Baqarah 2 : 219 539Verse 219They ask you about wine and gambling. Say, "In boththere is great sin, and some benefits for people. Andtheir sin is greater than their benefit. (Verse 219)Commentary:This verse forms part of the series of questions asked by the nobleCompanions. These are as they appear in this Surah along with theanswers given. Here, the question is about wine and gambling whichhas been answered by Allah Almighty by pointing out that the use andpractice of these two things breeds major sins while people may alsoget some benefits from them, but the sin they release is far too gravethan the benefit they give, implying that both these are worthabandoning.Since these two issues are very serious, they need a somewhatdetailed inquiry into their nature and the injunctions relating to them.The prohibition of wine, and related injunctions:When Islam came, drinking was common practice as part of thegeneral state of ~ ~hilz customs. When the Holy Prophet emigratedto adi in ah, people of that city were also accustomed to wine andgambling. Common people were infatuated with these in view of theirobvious benefits. They had no idea of the evils inherent in thesepractices. However, it is the usual practice of Allah that there are, inevery nation and in every country, sensible people who use reason tocontrol their temperaments. They would not go'near an emotional urgeif it goes against the dictates of reason. In this regard, the station ofthe noble Prophet & was way high, for he had a built-in distaste forthings which were going to be declared haram later on. Even amongthe blessed Companions there were some who had not touched wineduring the days it was an open practice. It was after reachingh ad in ah al-Tayyibah that some Companions became deeply concernedabout the evil effects of these two involvements. It was due to thisconcern that Sayyidn; 'Umar al-F5rGq and Mu'adh ibn Jabal alongwith some ~nsiiri Companions presented themselves before the Holy

Surah Al-Baqarah 2 : 219 540Prophet & and told him how wine and gambling not only spoil man'sreason but also cause financial loss and sought his advice in thisconnection. It was in answer to their question that the present versewas revealed. This is the first verse in which the elementary step tostop Muslim from wine and gambling was taken.What the verse says is clear from its translation, and itsexplanation which follows immediately. It may be added here that theword, 'Ithm' or sin includes everything that may become a preliminaryto sin. For instance, wine dulls senses and weakens the power ofreason, something basic to human excellence. Human reason acts as abrake against human indulgence in evil deeds. Once reason is blockedout, the door is opened for all sorts of evil deeds.It will be noted that drinking has not been clearly identified assomething unlawful in this verse, but its evils has certainly beenpointed out, which may lead man into many sinful activities. In a way,this takes the form of a good counsel urging man to abandon it. That iswhy, soon after the revelation of this verse, some noble Companionstook this good counsel of the Holy Qur'an so seriously that theystopped drinking then and there. There were some others among themwho thought that the verse, in fact, has not declared wine as haram; ithas, instead, identified it as a cause of sin in as much as it does lead toevils religiously undesirable, so, if they can manage to keepthemselves immune from such evils, what harm could there be if theycontinued drinking? Consequently, so they did, until came a day whenthe blessed Companion, 'Abd al-RahmZn ibn 'Awl 115 &I invitedsome of his friends from among the noble Companions at his home.When dinner was over, everybody started drinking wine as usual. Inthe meantime, came the time for Maghrib saliih. Everybody stood upfor salah and selected one of them to lead the prayers. The Imambegan his recitation from the Holy Qur'an, but drunk as he was, herecited the Siirah al-KZfirGn all wrong. Thereupon, the second stepagainst drinking was taken and the following verse was revealed:/1 9,9>: ' 9,:' ' ," /9,-'d& ~I;~,G.II I,HY 131 ~$14~0 those who believe, do not go near Saliih when you are intoxicated.(4:43)Here, drinking was declared to be absolutely unlawful at the time

Surah Al-Baaarah 2 : 219 541of the Saliih. Other times remained open. Some of the nobleCompanions had totally stopped drinking following the revelation ofthe first verse deducing from it that something which stops one fromSalZh cannot hold any good at all. And now that Salah has beenprohibited in a state of intoxication, one should keep his distance fromthat which deprives one from Saliih. However, since wine was notforbidden clearly and explicity during hours other than those of SalZh,there were some who continued drinking during other hours untilwhen there occured yet another incident. This time it was the blessedCompanion, 'Itban ibn Malik who invited some Companions, Sa'd ibn~ bWaqqZis i being one of them. Once the dinner was over, wine wasserved in accordance with the custom. Then, turning to anothercustomary Arab practice at that time, the intoxicated party startedtalking poetry and began reciting their respective accomplishmentsand excellences. The Companion Sa'd ibn A ~ T N7aqqa~ recited a~ a ~ t dpoem a h ~ in ~ which he satirized the AnsZr (helpers) of adi in ahand eulogized his own tribal affinities. This made an Ansari youngrnanangry and he hit Sa'd with a jaw-bone from a camel causing severeinjury on his head. Sayyidna Sa'd came to the Holy Prophet & andcomplained against that Ansari youngman. At that time, the HolyProphet & raised his hands in prayer and said: LjL: LC, +I ; 1;1;, ,that is, '0 Allah, give us a clear and conclusive guidance in the matterof wine'. Thereupon, the third verse regarding wine, that of Siirahal-~a'idah, was revealed with details declaring wine to be absolutely, unlawful. The verse is as follows:0 you who believe! wine and gambling and stone altars anddrawing of lots with arrows are only an abomination, a workof Satan; so shun it, that haply you may prosper. (5:90)The gradual forbiddance of wineBeing supreme in His authority, Allah alone knows the realwisdom behind all divine imperatives, but a close look into the Islamiclegal code reveals that the ~hari'ah of Islam has left ample room for49. An Arab poetical form introduced by the modern poet, Garcia Lorca inthe West.

Surah Al-Baqarah 2 : 219 542human emotions when following its dictates. This is to give man theleast possible inconvenience. The Holy Qur'iin has itself said: GIGJ$! U:'Allah does not obligate anyone beyond his or her capacity'(23286). It was the demand of this mercy and wisdom that made Islamgo slow on forbidding wine.The gist of the Qur9Znic history of forbidding wine through agradual process is that it has revealed four verses on the subject. Assaid earlier, one of these verses belongs to Siirah al-Baqarab, theexplanation of which you are reading through now. Here, wine hasbeen identified as sin-prone, a corrupting agent. The mention of winehas been left at that point. It has not been 'forbidden'. This, in a way,is a manner of saying that the habit of drinking is worth leaving, butthe direct command to quit drinking was not given.i:s I ?&i ki & i3WI ?lkj: that is, it is harder to change an ongoing habitfor man than it is for a child used to suckling at his mother's breast.So, moving wisely, Islam first stressed on its evil, then prohibited itonly at the time of saliih and finally after the passage of a certain time,it was absolutely forbidden.However, the wisdom that required a gradual process before theprohibition had equally required that once the prohibition ispromulgated, it should be implemented with its full force. That is whythe Holy Prophet & , in the early stages, warned people against theuse of wine and told them how it invited divine punishment. He saidthat wine was the source of evils and indecencies and one whoindulges in it can go on to commit even the worst possible sins.

Surah Al-Baqarah 2 : 219 543In a had&, he said 'Wine and Faith cannot be combined.' Thesenarrations appear in al-Nasii'i. In the Jami' of al-Tirmidh;, there is anarration from the blessed Companion Anas which reports that theHoly Prophet & has cursed ten people in relation to wine, being thecrusher or presser or squeezer, the distiller, the user, the server, thecarrier, the receiver (the one for whom it is carried), the seller, thebuyer, the giver (as gift), and the one who uses the income arisingfrom it. This verbal teaching and persuasion was not all that hestopped at, he took practical steps and made a legally bindingproclamation that whosoever has any wine in possession shoulddeposit it at an appointed place.The matchless obedience of the blessed CompanionsAs soon as the first order came to them, the noble Companions,obedient and responsive as they were, lost no time and took out allwine stored in their homes for personal use and poured it out 011 thestreets then and there. Sayyidna 'Abdullah ibn 'Umar, u &I ~rbj hasreported that at the time when the proclaimer appointed by the HolyProphet & went around the streets of adi in ah announcing that winewas forbidden, whoever had a vessel of wine in his hands, threw itaway right where he was and whoever had cups or goblets or flasks ofwine in the house, brought these out and smashed them off. SayyidnaAnas was happily busy serving wine to a gathering of friends at thattime. Present there were great Companions like Abii Talha, Ab6'Ubaydah ibn Jarriih, Ubaiyy ibn Ka'b and Suhaylwl ,++ JL- *Ill &J .When the voice of the proclaimer struck their ears, everybody presentsaid, 'Now, pour all this wine down on the ground and break all cupsand goblets and ewers and pitchers.' In some narrations it is said thatit was immediately with the announcement that wine had becomeunlawful that everyone who had a cup of wine reaching close to hislips was electrified and threw it away right there. That day, wine wasflowing down the streets of adi in ah like a stream of rainwater, and asa result of that, it remained usual in the streets of ad in ah for a longtime that rains would reactivate the smell of wine soaked in theground, as well as its colour, which would show up on the surface.When people were ordered to deposit whatever wine they had at agiven place, not much was left there to deposit except the limited stock

Surah Al-Baqarah 2 : 219 544of wine casks and bags, available in the market for commercial sales.So obedient were the noble Companions that they deposited those tooat the designated place without the least hesitation. The Holy Prophetw went there personally and slit many leather wine-bags with hisLkown blessed hands and let the rest be slit apart by other Companions.Another Companion, a businessman who imported wine from Syriahappened to be on a business trip in Syria. He had taken his entirecapital with him against which he bought a stock of wine forcommercial sales. When he returned with his cargo, he came to knowthat wine had been declared baram before he could enter the citylimits of b ad in ah. Having heard about the ban on wine, theCompanion who was a model of devotion and sacrifice, and who wasalso returning home after investing all his capital and labour hopingto make a big profit out of it, quietly stacked it on a wayside hillock,came down to see the Holy Prophet & asking him about this stock ofhis: 'What should I do?' The Holy Prophet $$ ordered him, inaccordance with the Divine command, that he should tear out all thoseleather bags and pour the wine in them down on the ground. Thiswonderful lover of Allah and His Messenger did not hesitate for amoment. Using his own hands, he poured forth all his invested capitalon the sands of that hill-slope. This too is a great miracle of Islam, anda demonstration of mind-boggling and virtually unrivalled obediencethat came about during this episode. Imagine how difficult it is toshake off the habit of being used to something while these people werechronically habituated to consuming wine and could not stay awayfrom it even for a little while. For them, it was just that commandfrom their Lord proclaimed by His prophet which brought about suchan instant change in their habits that they started hating the samewine and gambling they were so addicted to.Islamic strategy for a social changeThe verses above and the events connected with them presentbefore us a model of active Muslim response to the law making wineunlawful. One may call it a miracle of Islam or a unique outcome ofprophetic teaching and training or the inevitable end-product ofIslamic methodology of social change, the fact is that its effectivenesswas phenomenal. Compared to this was the attempt at prohibitionmade in the United States with the support of experts, lobbies, law,

Surah Al-Baqarah 2 : 219 545media and constitutional amendment which failed in the face of muchincreased use of liquor making the authorities cancel their plans.What is the secret behind this enormous difference?The secret is that Islam has never depended on law alone as thetool of social reform. Law not being sufficient, it has first prepared andfine-tuned the minds of its people tempering their attitudes with thegolden prescription of a deep devotion to and worship of their Creator,moderation in worldly living and a genuine concern for the life tocome. The great revolution brought in this manner producedmatchless men who would eagerly come forward to sacrifice their life,property, honour, anything and everything at one call from theirprophet. This task of preparing men who would match the missioncontinued throughout the Makkan period by means of rigorousspiritual training. Once such a devoted group of people was ready,then came the law. No doubt, the Americans tno did their bestutilizing the vast powers of the media, but they had everything withthem except the concern for the life to come while the concern for theHereafter was the very life-blood of Muslims.The golden prescription is still there, very much valid, waiting forpeaceless people round the world to use it. Let the wise think.The good and evil of wineThe 'good' in wine is popularly known as a certain taste and a f'eelingof well-beii:g, professed increase of temporary energy, and a givenglow on the face. Being transient, these benefits hardly stand againstthe array of evils it breeds. Take the human body first. Drinking causesmal-function of the stomach, reduces desire to eat, affects facial contours,inflates the waistline, hurts the liver and the kidneys and becomesa contributor to all sorts of diseases. Reason does not workunder the influence of hard drinks which goes beyond the time oneclaims to have become sober. The hangover turns out to be as bad.Wine, a tempting stimulant and a much romanticized poison worksslowly, inspite of the spirited defence put up by its users. The fact isthat drinking not only harms them but affects their children as well.Socially, drinking may become the cause of mutual malice andenmity which is a great evil in the sight of Islamic law. It is for thisreason that the Holy Qur'an particularly mentions this evil in SGrahal-~Z'idah:

Surah Al-Baqarah 2 : 219 546The Satan only wants that hositility and hatred come to staybetween you through wine and gambling. (5:91)One of the most harmful drawbacks of drinking shows up when aperson under its influence lets out his guarded secrets. It becomesmuch more disasterous if the culprit happens to be a state functionaryin possession of vital government secrets. Passing these out to anenemy agent can cause great damage to the state through a coup, apolitical loss or a challenge to national defence. Clever spies arealways on the look out for such opportunities.So, the habit of drinking is not only an evil in itself but a mother ofother evils as well making men ready to commit the worst possiblecrimes against their fellow-beings.Tile physical evils of drinking are too well-known to recount herewhile its spiritual evils are equally obvious. Wine is harmful becauseI 'the Holy Qur75n says: i-I $;&I 2; $$.fL,3 : 'It prevents you fromremembering Allah ani from the $aliht. Then, the question asked bythe Holy Qur'an is: 'Would you then desist.?'The forbiddance of wine: A complete viewUpto this point, we have discussed four verses of the Holy Qur'iinwhich deal with the unlawfulness of wine, and its forbiddance. Itseems appropriate that yet another mention of intoxicants made bythe Holy Qur'iin in Siirah A1-Nahl in a different context should bebrought into focus here so that we have all Qur'anic statementsconcerning wine and intoxicants in one complete frame of reference.The said verse is as follows:And of the fruits of the palms and the vines, you take therefroman intoxicant and a good provision. Surely, in that thereis a sign for a people who understand. (16:67)In verses preceding the one above, mention was made of Allah'sblessings which cause production of human food through uniquemechanisms. It was said:

Surah Al-Baqarah 2 : 219 547And surely in the cattle there is a lesson for you; We give youto drink of what is in their bellies, between filth and blood,pure milk, sweet to drinkers. (16:66)The text uses the word, 'nusqihum' which means 'We gave you milkto drink' implying that it needs no further human processing.Foll~wing this, it was said that man procures things to eat, as well as,makes things which benefit him. Here, the hint is that humanproci:ssing plays some part in procuring what he eats and in makingwhal, he uses to his advantage. And it is as a result of the entry of thehuman factor that two types of things were produced. One of these isan intoxicant known as wine while the other is 'a good provision', suchas the dates and the grapes which can be used fresh off the palms andvines or can be dried and stored for later use. In short, Allah Almighty,in His perfect creativity, gave man fruits such as dates and grapes andgave him the added right to use them as food. Now what he makes outof them is his choice, either make intoxicants out of them and therebyspoil his reason, or use them for food and energy. According to thisexplanation, this verse cannot be used to argue in support of thelawfulness of intoxicating wine. The reason is simple. Here, thepurpose is to describe the gifts of nature and to point out to thedifferent forms in which they could be used which is all part of thesame Divine blessing. For instance, consider all that man eats andthings man uses to his advantage. There are many who use these inways that are impermissible but, the incidence of someone usingt,hings wrongfully does not preclude a blessing from remaining ablessing. So, the context of the statement needs no details as to whichuse is permissible or impermissibe, however, there is a subtleindication embedded here too. If we look at how 'sakar: intoxicant' hasbeen counter-poised by 'rizqan hasana': 'a good provision', we wouldrealize that an intoxicant is not a good provision. The majority ofcommentators take sakar to mean something that intoxicates. (Riihal-~a'any, ~urtubi and Ja+g)There is a consensus of the Ummah that these verses are Makkanwhile the unlawfulness of wine was revealed later on in adi in ah

Surah Al-Baqarah 2 : 219 548al-Tayyibah. Even though wine was lawful at the time these verseswere revealed and Muslims used to indulge in wine generally yet, evenat that stage, a hint was made in the verse that indulging in wine isnot good. Later on, came the Qur'anic command which clearly andforcefully made wine unlawful.The prohibition of GamblingThe word, maisir is an infinitive and lexically means 'to distribute'.One who distributes is called yasir. During the days of ~~hiliyyah,several types of games of chance were common in Arabia. In one ofsuch games, they used to slaughter a camel following which theywould gamble while distributing shares from the meat. Some used toget more than one share while others remained deprived of even one.The one who thus remained deprived had to pay for the whole camel.The meat was, of course, distributed among the poor; the gamblers didnot use it themselves.The catch in this particular game of chance was that it benefitedthe poor while, at the same time, it demonstrated the philanthropy ofthe gamblers. That is why this game was considered a matter of prideby them. Anyone who would not participate in it was chided as miserlyand wretched.It is because of the relevance of distribution that Qimar is giventhe name of Maisir. All Companions, and Successors to them, hold theunanimous view that the word, Maisir includes all forms of QimEr orgambling and that all of them are kararn or unlawful. Ibn ~athir inhis ~afsir and al-Jassas in Ahkarn al-Qur'an report that the blessedCompanions 'Abdullah ibn 'Abbas, Ibn 'Umar, Qatadah, Mu'awiyahibn Salih, 'At: and Ta'wus said: ;&I, UW~ jL+I tJJ p ,L;rll &i that is,Qimar (of all kinds) is Maisir - even the games of children with dicesand walnuts.SayyidnZ Ibn 'Abbas said: ,UI ;p i,bui that is, Mukhatarah (to putsomething on stake) falls under QimZr (JassZs). Ibn Sirin said: 'Thatwhich involves stakes is included in Maisir' ( RG~ al-~ayan).Mukhiitarah or 'stake' is a deal which revolves between profit andloss, that is, there may be a chance that one gets a lot, and also, thatone gets nothing. This is very much like what we find in all sorts ofmodern lotteries. All these types are included under QimEr and Ilfaisir

Surah Al-Baqarah 2 : 219 549or gambling, and are haram. Therefore, Maisir or Qimiir or gamblinghas been defined as a deal in which the act of making a person theowner of something of value depends on a contingency the two sides ofwhich are equal, and consequently, there are two equal possibilities oftaking total profit or absorbing total loss (ShZrn~, K~tab al-Khatar wa l'lbahah,volume 5, page 355). For instance, it is quite possible that the penalty fallson A, and it is also possible that it falls on B.To sum up, the rule is that all kinds and forms in vogue - in thepast or current today or likely to emerge in the future - shall all becalled Maisir and QimEr and gambling. Prize-awarding cross-wordpuzzles (in which the participants are charged a fee) and commerciallotteries, the generally known among whatever other forms they niayhave, are all included under gambling. However, should there be aprize offered by one side only, stipulating that it will be given to onewho performs a certain feat, that would not matter subject to thecondition that no fee is taken from that person. The reason is that, inthis case, the deal does not hang between benefit and harm, but hangsbetween benefit and no-benefit.Therefore, in authentic ah~dith, chess and backgammon and theirlikes have been declared unlawful where money or property is stakedin a win or lose situation. Should there be money staked in playingcards, that too will be included under Maisir.. . Muslim, there is a report from the blessed CompanionIn ,!$ihihBuraydah LC *It1 &J which states that the Holy Prophet said that onewho plays backgammon is like one who dyes his hands in the flesh andblood of pork. Sayyidna 'AIT +, JJI~;~ said that chess is included inMaisir, that is, gambling. Sayyidna 'Abdullah ibn 'Umar said thatchess is much worse than backgammon. (~af&r ~bn ~ath;)During the early days of Islam, gafpnbling was permissible likedrinking. When the verses beginning ";>I _ I in Stirah al-Riim wererevealed where the Holy Qur'Zn foretold that the Byzantines have nodoubt lost to their rivals - the Persians, but, after a few years, theByzantines will prevail once again. When the disbelievers of Makkahdenied the prophecy, Sayyidna Abu Bakr al-siddTq ~ ;c &I &J challengedthem with a bet, something like QimZr, proposing that should theByzantines prevail in so many years the disbelievers will have to pay a

Surah Al-Baqarah 2 : 219 550certain amount. The bet was approved. When this prophecy of theQur'an actually came to pass, Sayyidnii AbG Bakr made sure that hegot the waged amount from the disbelievers and brought it to the HolyProphet & who expressed his pleasure with what had happened butasked him to give away the bet-money in charity. This is significantbecause Allah had kept His Messenger & protected from somethingthat was permissible at that time but was going to be madeimpermissible later on. This is why he always kept aloof from wineand gambling, and there were particular ones among the nobleCompanions who also remained protected against these. It appears ina narration that the angel Jibra7il told the Holy Prophet that AllahAlmighty likes four character-traits in Ja'far al-Tayyar. He askedSayyidna Ja'far al-TayyZr as to what these four traits were. He said,'Till now, I have never talked about these before anyone. Now thatAllah Almighty has told you about them, I submit and relate thesefour to you. I saw that wine ruins reason, so I never went near it. Isaw that idols cause no benefit or harm to anyone, so I never indulgedin idol-worship even during the days of Jkhiliyyah. Since I have anacute sense of honour concerning my wife and daughters, so I nevercommitted adultery. Then, I realized that lying is unbridled meanness,and a terrible disgrace, so I never told a lie even in JGhiliyyah'. (~uhal-Bayan)Social ill-effects of gamblingThe Holy Qur7Zn has said the same thing about QimZr or gamblingas it has said about wine, that is, in it, there are some benefits as well,but the harm it brings is greater than its benefits. Everyone knowsthis sort of benefit can make a pauper an overnight millionaire, butthere are very few people who know how evil the practice iseconomically, socially and spiritually.In gambling, speaking briefly, the gain of one person is dependentupon the loss of the other. The total gain of the winner is an outcomeof the total loss of the loser because this transaction does not increasethe (national) wealth or production. The amount of wealth remains asit was. What happens through this game of chance is that one issucked dry of his wealth which then reaches the other, therefore,Qimar is a blanket undoing of a people, and the death of humanmorality. Isn't it that man, who should be an agent of public good, a

Surah Al-Baqarah 2 : 219 551model of sympathy and sacrifice, stoops to the level of a beast whilegambling, and starts seeing his life in the death of his brother, andfinding delight in his distress, and searching for gain in his loss, andgoes about harnessing all his abilities to promote his selfishness?Contrary to this are the permissible forms of transactions in tradewhere parties buy and sell releasing profits for both. Then, wealthcirculates and increases through exchange of commercial commoditiesand the buyer and seller both find it beneficial.To begin with, gambling is harmful because the addicted gamblercomes to be deprived of the very habit of earning his livelihood,because he always keeps dreaming that he will simply sit and grabwhat belongs to the other person in no time through a bet, specially soas it involves no hard work. Some scholars have said that gamblinghas been called Maisir (as derived from the word 'yusr' meaning'easiness') because one can easily take possession of what belongs tothe other through it. Even if gambling deals revolve around a smallnumber of people such as two or four, their harmful effects mentionedabove show up very clearly. Rut, here we are in this modern age,called 'the age of progress' by those handicapped by superficial visionand lack of insight into its aftermath, where we see wine of all sortsgiven new names and labels, where ever-new kinds of interest andever-innovative corporate methods to promote it have been invented,commandeered and given the safe name of 'banking'; so it is withgambling where thousands of dubious forms have found currency.Some of these are so highly collective that the amount of contributionfrom a whole nation keeps adding up bit by bit, and in case there is aloss, that gets spread out over everybody and thus does not becomeconspicuous. When an amount from this total 'take' reaches the handsof one person, his gain appears to be prominent, therefore, people tendto look at his personal gain but pay no heed to the collective loss oftheir nation or country. Consequently, they are trapped into believingthat these new kinds may as well be valld, although present here areall those harmful effects which arc found in gambling confined to asmall group of two or four people. Looked at from another angle, theharm brought by this large-scale gambling is much wcrse than thatreleased by the older form of gambling, for its evil effects arefar-reaching and spell out the ruin of a whole nation. As evident, thenatural result of this practice will be that wealth belonging to the1 common people of the community will go on decreasing while the

Surah Al-Baqarah 2 : 219 552capital of some capitalists will go on increasing further. Inevitablythen, the entire wealth of the nation will shrink and come to beconcentrated into the hands of a limited number of individuals and alimited number of families. This can be witnessed everyday in stockmarkets and in other forms of &irn;r. Now, Islamic economic strategyhas an important principle of its own. It declares that every deal whichsiphons the wealth of a whole community out into the coffers of a fewcapitalists is haram, unlawful and forbidden. The Holy Qur'iin itself,while stating the principle of the distribution of wealth, hasproclaimed: '&, :$$? gz

Surah Al-Baqarah 2 : 219 553Finally, in the background of rising social addiction to variousQimzr forms, it is useful to keep in view that this evil distorts one'snatural attitude to work and rivets it on imagined gains. Rather thanconcentrate on his physical or mental skills to increase his earningssteadily, one starts getting fixed on finding ways and means to usurpthe earnings of others./That is why the Holy Qur'in has said: @&g';S;sFI , that is, theevils of wine and gambling are greater than their benefits.Some juristic rules and related notes:In this verse, the acknowledgement of some benefits of wine andgambling has been combined with the instruction to desist from themwhich helps us deduce the rule that the presence of material benefitsin some thing or act is not contrary to its being declared haram underthe Islamic law. We know that a certain medicine or food item is calledharmful if its harmful effects are far stronger than.its benefits. If thiswas not so, nothing in this world, not even the worst, would turn out tobe totally devoid of any benefit. A deadly poison, the snake and thescorpion and the wild beasts, they all have their benefits but, speakinggenerally, they are called harmful and people are told to watch outagainst them. Similarly, keeping in view the essential sense, thingsthe evils of which are greater than their benefits are declared baramor unlawful under the Shari'ah. None of the crimes such as theft,robbery, adultery, kidnapping and fraud are devoid of some benefit, forhad they been totally benefitless no sane person would ever go nearthem, even though the most perfect people in all such crimes are thoseknown for their tact and intelligence. This tells us that some or theother benefit does show up in all crimes but, since their harmfulness isgreater than their benefit, no sane person stands up to declare them asuseful and permissible. It is under this principle that the ~hari'ah ofIslam has made wine and gambling unlawful.2. This verse also provides the rule that the elimination of eviltakes precedence over the acquisition of benefit, that is, shouldsomething give a certain benefit along with causing some harm, itbecomes necessary to abandon the benefit in order to stay safe againstthe harm. In other words, a benefit which comes with harmfulnessattached to it is ignored.

Surah Al-Baqarah 2 : 219 - 221 554- -- -- - -Verses 219 - 221And they ask you as to what they should spend. Say,"The surplus". This is how Allah makes His verses clearto you, so that you may ponder on this world and theHereafter. And they ask you about the orphans. Say,"To work for their good is good. And if you live withthem jointly, they are, after all, your brethren. AndAllah knows the one who makes mischief distinct fromthe one who promotes good. And if Allah had wishedHe would have put you in trouble. Surely, Allah isMighty, Wise.And do not marry the 'Mushrik' women unless theycome to believe; and a Muslim slave-girl is better thana 'Mushrik' woman, even though she may attract you;and do not give ( your women) in marriage to 'Mushrik'men unless they come to believe; and a Muslim slave isbetter than a 'Mushrik' even though he may attractyou. They invite to the Fire when Allah invites, by Hiswill, to the Paradise and to forgiveness, and makes Hisverses clear to the people, so that they may observe theadvice. (Verses 219 - 221)The first part of verse 219 related to the question asked about wineand gambling, a detailed explanation of which appears in previouspages.

Surah Al-Baqarah 2 : 219 - 221 555The second part of the verse appearing here relates to anotherquestion -- about how much should be spent in charity. The answergiven is 'al-'afw' which has been translated here as 'the surplus'. Itmeans that one should not, by such spending, get into personal troublein the material life of this world, or by wasting away somebody's dueright, get into the pain of answerability in the life to come.Verse 220 features yet another question in a series of several posedby the noble Companions. This question relates to the combining of thecost of maintenance of orphans. Since there was general lack ofcarefulness about the rights of orphans in pagan Arabia, as elsewhere,warning was given that consuming what belongs to the orphans is likefilling bellies with embers of Hell. Consequently, the recepients of thiswarning were so scared that they, out of preventive measure, startedpreparing and storing meals given to orphans separately. In case thechild ate less, food was left over and, naturally so, got decomposed.The reason: It was not permissible for them to use food which belongedto the orphans, nor did they have the right to give what belonged tothe orphans in charity. This was a matter of sheer discomfort and asource of loss to the orphans as well. Therefore, the situation wasbrought to the notice of the Holy Prophet following which came theguidance given in this verse.It is being said here that the purpose is not to compromise thewelfare of the orphaned children. Since their welfare is served betterthrough a joint expense system, there is nothing to worry about, forthey are brothers-in-faith and brothers do share.The above permission has been hemmed by a warning that Allahwatches over the performance of guardians in this matter. He couldhave, by setting up a harder code of conduct, put them in troublebecause He is All-Powerful. But, He has provided an easier code ofconduct because He is All-Wise and does not obligate people with whatthey cannot do.Verse 221 carries an injunction relating to marriage with~ushrikk (those who associate partners with Allah). The commentarywhich follows explains the injunction in some detail.Inter-Marriage between Muslims and KGfirs is ProhibitedIn the verses under discussion an important ruling has been given.It states that the marriage of Muslim males with KZfir (disbelieving in

Surah Al-Baqarah 2 : 219 - 221 556Islam) females and the marriage of Kiifir females with Muslim malesis not permissible. The reason is: Kifir males and females become thecause that leads man. into the Hell. Marital relations demand mutuallove and harmony and without these the real purpose behind suchrelationship remains unrealized. If such close relations of love andaffection are established with ~ushrikTn or disbelievers, the inevitableeffect will be that Muslims may emotionally tilt towards Kufr andShirk or, in a lesser degree, the very abhorrence of Kufr and Shirk mayjust not remain there in their hearts. Consequently, they too, may getinvolved with Kufr and Shirk and thereby end up in Hell. Therefore, itwas said that these people call everyone to come to Hell while AllahAlmighty calls man to Paradise and to His forgiveness and, for thispurpose, states His injunctions openly and clearly so that people followthe wise counsel. Let us consider a few points at this stage:1. If the word, Mushrik in this verse is taken to mean non-Muslimsas a whole it would be necessary to exempt non-Muslim women of theAh1 al-Kitab (the people of the Book) from the purview of thisinjunction, because it is expressly stated in another verse that:And good women from among those given the Book before you(marriage with whom is lawful for you). (55)But if the word Mushrik is taken to mean specially thosenon-Muslims who are not from amongst the Ah1 al-Kitab (People of theBook i.e. the Jews and the Christians), this verse needs no exception,because it covers only those non-Muslims who do not believe in anyprophet and scripture.2. Let us take the second important point. The Qur'iin forbidsmarital relations between Muslims and disbelievers for the reasonthat such close relations could become the source of involvement inKufr and Shirk. Now this is apparently true of all non-Muslim groups.Why then, the women from amongst the Ah1 al-KitZb (the Jews andthe Christians) have been excluded?The answer is obvious. The difference the people of the Book havewith Islam is relatively lesser and lighter as compared with othernon-Muslims. Islamic belief is tri-polar, that is, ~auhid (Oneness of

Surah Al-Baqarah 2 : 219 - 221 557God), ~khirah (Hereafter) and Risdah (Prophethood). Out of these, ifwe consider the belief in ~khirah, even the Jews and Christians fromamongst the people of the Book agree with Muslims in accordancewith their original faith, wherein, very similarly, it is kufr (infidelity)even in their original faith to attribute partners with God. That theChristians, in their love for Sayyidna 'ha r)LJI Ljs , and in theirover-enthusiasm towards respecting him, entered the borders of Shirk,is a different matter.Now the basic difference that remains is that they do not believe inMuhammad as His Messenger & . In Islam, this belief is cardinal.Without it, no one can become a true Muslim. However, the factremains that the difference the people of the Book have is lesser andlighter as compared with other non-Muslim groups. Therefore, thedanger of corruptibility is not that great here.3. A question may be raised here that the difference between thepeople of the Book having been declared lighter, it was madepermissible for Muslim men to marry their women. So the converse ofthis proposition, that is, the marriage of Muslim women withnon-Muslim people of the Book, should also be permissible. But a littlereflection will be sufficient to establish the basic difference betweenthe two situations. Women are somewhat weaker by nature. Then thehusband has been given a controlling and care-taking role. So thelikelihood of a woman being impressed by his beliefs and views is notthat remote. Therefore, should a Muslim woman stay in a marriagerelationship with a non-Muslim ~ ~ t ~ (Christian b i , or Jew) the chancesof her belief being spoiled are strong.Contrary to this, should a non-Muslim ~it?ibl woman (Jew orChristian) live married to a Muslim man, it is unlikely in principlethat her ideas will impress the husband. Is someone takes to aconverse position in total disregard of the normal principles and fallsprey to his wife's instigation, it will be because of his own fault.4. Let us clarify another doubt which may be raised here. Themarital relations may influence both the parties equally. Therefore, ifthere is an apprehension that a Muslim spouse will be influenced byhis or her counterpart in the matter of faith, there is also a counterpossibility that the non-Muslim spouse will be influenced by his or her

Surah Al-Baqarah 2 : 219 - 221 558Muslim spouse, whereupon he or she will embrace Islam. Bothpossibilities being equally open, the marital relations betweenMuslims and non-Muslims should not have been prohibited.But the wisdom behind this prohibition is that where the danger ofa harm and the hope of a benefit are equally applicable, then the reasonableattitude will be to pay more attention to preventing harm thanto seeking benefit. There is a well-known Persian saying: & j L j,+ LSl, pj, i.e. A wise man does not eat the antedote with certaintyand the poison with doubt. On the basis of this principle, the hope ofthe non-Muslim spouse embracing Islam has been ignored, and the apprehensionof a Muslim spouse being impressed by the anti-Islamicfaith or behaviour has been effectively taken care of.5. The fifth point worth considering is that the meaning of the permissionto Muslim men to marry Jewish and Christian women underformal nikiih (marriage contract) is slmply to state that such nikiih; ifmade, will become valid and the children born out of this wedlock willbe ligitimate. But there are statements In ahadith which prove thateven this nikah is not viewed with favour. The Holy Prophet &$ hassaid that a Muslim should seek to marry a woman who fully observesIslamic faith and conduct -- so that she becomes for him a source ofstrength in their joint pursuit of their faith, and their progeny mayhave the opportunity to grow up under their care as practisingMuslims. When marriage with a non-practising Muslim woman wasriot looked at with favour, how would it become favourable in the caseof some non-Muslim woman? This is why Sayyidni 'Umar al-Fariiqu JJI LC", , on learning that such marriages are finding alarming currencyin Iraq and Syria, stopped these with an executive order whichpointed out that such marital relations cause corruption in Muslimfamilies both religiously and politically. (KitEb al-Athar-lil-Imam Muhammad).The effect of such marriages in contemporary times whennon-Muslim people of the Book, the Jews and the Christians, have arecord of political deception, political marriages, entry into Muslimfamilies with persuasion techniques and spying objectives is too obviousand has been admitted by Christian writers themselves as reportedin some details by Major General Akbar in his book, edith-e-~ifi',

Surah Al-Baqarah 2 : 219 - 221 559with proper references. It appears that Sayyidna 'Umar 1;_5 JJI &Jvirtually looking into the future as it would come to be.wasSpecially in our days, there is another important reason foravoiding marital relations with the People of the Book. If the lives of amajority of contemporary Europeans (and Americans), who are calledJews and Christians, and are registered as such in their censusrecords, were researched it will be discovered that an enormous lot ofthem have nothing to do with Christianity or Judaism. They areatheistically irreligious. They do not believe in Sayyidna 'hi rL.!I ijs ,or in the Bible. They do not believe in Sayyidna Musa ?SWI ijs , or inthe Torah -- not even in God or a Day of Judgment. It is obvious thatsuch people do not come under the purview of the Qur'anic injunctionpermitting marriage (with the people of the Book). Nikah (marriage)with their women is absolutely haram (unlawful). It is clear that suchpeople do not qualify for the exception given in the Qur'anic verse :And good women from among thosk given the Book before you(marriage with whom is lawful for you).Therefore, nikiih (marriage) with their women, like those of othernon-Muslims, is absolutely baram (unlawful).Special notes from Bayan al-Qur'anby Maulan5 Ashraf 'Ali ~hiinavi1. It is not correct to marry women from among the group of peoplewho, on the basis of their name and identity, are considered fromamong the people of the Book but are not proved to be so after ascrutiny of beliefs. For instance, common people these days take whitewesterners to be generally Christians although some of their beliefshave turned out to be totally atheistic under critical observation. Howcan people who do not believe in God, in the prophethood of JesusChrist and in the Bible as revealed scripture be Christians?Marrying a woman from such a group of people is not correct.Those who marry women from the West without finding out what isinvolved therein make a gross mistake.2. Similarly, it is not correct to give a Muslim woman in marriageto a man who, in his outward status, is supposed to be a Muslim butwhose beliefs are identical with those of a non-Muslim. And should

Surah Al-Baqarah 2 : 222 - 223 560such corruption of beliefs occur after having been married, the nikahor the marriage-contract breaks ips0 facto. For instance, a largenumber of Muslims, in ignorance of their religion and under theinfluence of the so-called 'modern thinking', ruin their beliefs. It is,therefore, obligatory for the guardians of a girl that they should firstinvestigate into the beliefs of the proposer before they accept theproposal.Verses 222 - 223And they ask you about menstruation. Say: "It is animpurity. So, keep away from the women duringmenstruation; and do not have intimacy with themuntil they are cleansed. But when they are cleansed,then go unto them from where Allah has commandedyou. Surely Allah loves those who are most repenting,and loves those who keep themselves pure. Yourwomen are for you a soil to cultivate. So, come untoyour soil from where you will, and advance somethingfor yourselves, and fear Allah and know that you are tomeet Him and give good news to the believers.'' (Verses222 - 223)No sexual intercourse during menstruationThe basic purpose of these verses is to declare the prohibition ofhaving sexual intercourse with a woman in a state of menstruation. Ifsomeone committed sexual intercourse in such a state eitherunknowingly or carelessly, he has to make Taubah (repentance). Inthis context it has been said in the verse 222 that "Allah loves thosewho are most repenting."

Surah Al-Baqarah 2 : 224 56 1The verse 223 points out to the lawful ways of having sexualintercourse with one's woman. The permission of such intercourse hasbeen subjected to two conditions. Firstly, it should take place at a timewhen the woman is pure from her menstruation. Secondly, carnalintercourse is not allowed at all. This verse begins with acomprehensive remark: "Your women are for you a soil to cultivate."Here the woman has been compared with a soil, while the husbandhas been compared with a cultivator. This is to lndicate that thesexual intercourse has not been allowed for satisfying the sexual lustonly, but also to make it a valid source for having children. By usingthis expression the Holy Qur'an has given a subtle indication to theprohibition of carnal intercourse, even with one's wife, because it cannever be a productive act, and there is no question of 'cultivation'therein.Subject to these two conditions (namely, the purity of the womanfrom her menses, and avoiding the carnal intercourse) one can enjoywhatever way he wishes to have sexual intimacy with his wife. In thiscontext, it has been said, "Come to your soil from where you will". Itindicates that in so far as the ultimate place (of penetration) is a 'soil'(which stands for the female vagina which is productive like a soil),one can elect whatever way he likes to reach this ultimate place. Thus,lying over the woman or beside her or beneath her, acceding to thevagina from any side, front or back, sitting or kneeling -- all these andsimilar other positions are allowed while performing sexualintercourse subject to the two conditions mentioned above.Verse 224And do not make Allah, through your oaths, a barrieragainst your doing good, fearing Allah and settingthings right between people. And Allah is All-Hearing,All-Knowing. (Verse 224)The Verse warns those who swear in the name of Allah that theywill not do some vituous deeds or that they will not effect acompromise between two groups. The Verse reminds them that by this

Surah Al-Baqarah 2 : 225 562behaviour they are using the name of Allah as a barrier against thegood deeds, which is a severe violation of the sanctity of the name ofAllah, and they must avoid it in any case.Verse 225Allah does not hold you accountable for what isineffectual in your oaths, but holds you accountable forwhat your hearts have caused. And Allah is Forgiving,Forebearing. (Verse 225)Note:The laghw or ineffectual oath has two meanings:(i) In the first case it means a false oath sworn without volitionover something in the past, or it could have been sworn with volitionwhile the oath-taker considers it to be true in his supposition. For example,guided by his information and supposition, one ends up declaringon oath that a certain person has arrived while that person hadnot arrived in reality. Similarly, if someone swears on oath for somethingin future unintentionally, while he has been actually wanting tosay something else, but the words of oath come out of his lips mistakenly,this type of oath also falls in this category. All these three typesare not an act of sin and that is why they are called laghw or ineffectual.This act will not be reprehensible in the Hereafter (ikhirah). Ascompared to this, the oath which has been declared reprehensible isthe one that has been uttered intentionally knowing it to be false. Thisis known as gharn& (perjury), and is an act of sin, but according to the~anafiy~ah, it does not require kaffarah or expiation. Therefore,laghw, in the sense explained earlier, involves no kaffiirah more obviously,(because it is not a sinful act). The verse under discussion exclusivelytakes up these two categories that carry no kaffirah.(ii) Laghw also means that which has no kaffiirah. It will be calledas laghw because it does not entail the liability of Kafflrah in thisworld.

Surah Al-Baqarah 2 : 226 - 227 563Given this meaning, the word, laghw is inclusive of ghamiis, whichbeing an act of sin, however, does not require haffzrah.As compared to this, the oath that requires haffzrah IS calledmun6aqidah (that which is established, confirmed: fait accompli). Forinstance, if someone intentionally declares on oath to the effect that heor she would or would not perform a certain act, then, acting contrarilyrequires kaffarah. (Bayan al-~ur'iin)Verses 226 - 227Those who swear to abstain from their wives have fourmonths of waiting. Therefore, if they revert back, Allahis Most-Forgiving, Very-Merciful. And if they resolve todivorce, Allah is All-Hearing, All-Knowing. (Verses 226- 227)Note:If someone takes an oath that he will not have sexual intercoursewith his wife, the case has four situations:(A) No time-limit was fixed.(B) A time-limit of four months was fixed.(C) A time-limit of more than four months was fixed.(D) The l.imit was identified as less than four monthsSo, situations A, B and C are termed in ~hari'ah as 'FlG' (.&I). Theinjunction covering these situations is: If the oath-taker breaks hisoath within four months and resumes sexual intercourse with his wife,he will have to come up with kaffirah for his oath while his nikiih(marriage) remains intact. And should it be that the time-limit of fourmonths did expire and the oath-taker did not break his oath, anirrevocable divorce on his wife will become effective, that is, taking herback without remarriage does not remain correct any more. However,if they, by mutual consent, enter into marriage this will be correct.HalGlah (an intermediary marriage of the woman with a third person)is not required. The injunction in the fourth situation is: If the oath is

Surah Al-Baqarah 2 : 228 564broken, kaffzrah will be required and if the oath is completed, themarriage, even then, will remain valid. (Bay& al-Qur9an)Verse 228And the divorced women shall keep themselves waitingfor three periods. And it is not legal for them to concealwhat Allah has created in their wombs, if they dobelieve in Allah and in the last day. And their husbandsare best entitled to take them back in the meantime ifthey want a settlement. And women have rights similarto what they owe as recognized, though for men thereis a step above them. And Allah is Mighty, Wise. (Verse228)A great verse defining the status of man and womanThis verse contains a rule of ~hari'ah concerning the mutual rightsand duties enjoined upon men and women and explains the degree oftheir role. Important details of this very rule appear before this verse,and again, after the verse, through several sections.The place of women in IslamAt this point, it seems pertinent to explain to some extent thestatus given by Islam to women. If understood in its full perspective, itwill certainly lead to the conclusion that a just and moderate socialsystem would not have required more than this. It may be noted thatthis is the crucial place, any deviation or departure from whichbecomes a great danger for man's life here and in the Hereafter.Deliberation would reveal that two things serve as the necessarybasis for the survival and development of this world. These are:woman and wealth. But, a look at the other side of the coin shows thatthis twosome is also a source of disturbance, bloodshed andtribulation. Further deliberation would easily help one reach the

Surah Al-Baqarah 2 : 228 565conclusion that although these two, given their real place in life, areinstrumental in the progress of this world, yet, as and when, they areaimlessly moved away from their real place, they are capable ofshaking the world like an earthquake.The Qur'iin has given man a way of life, a system. Both thesehuman factors have been assigned their correct respective places in away that they yield the maximum benefits to the total exclusion ofpeacelessness. The proper place of wealth, the sources of itsacquisition and the ways of spending it, as well as, a just system of thedistribution of wealth is a regular field of knowledge. A detaileddiscussion of this subject will Insha Allah appear on some otheroccasion . My published treatise entitled, 'The Distribution of Wealth'could serve as an indicator of basics.Being discussed here, at this point, is woman and her rights andduties. About this, the verse under reference states: As there arerights of men over women which must be given, so there are rights ofwomen over men which must be given. However, the quantum ofdifference that must be recognized here is: Men have a 'step' abovewomen. Almost the same subject has appeared in SGrah Al-Nisia7 inthis manner:Men stand care-takers of women, since Allah has made someof them excel the other, and because they have spent of theirwealth. (4:34)The status of women in pre-Islamic societyBefore Islam, in the age of ignorance (JGhiLiyyah), it was commonpractice that women were equated with articles of home use. Theywould be bought and sold like cattle. She had no right whatsoever inrelation to her marriage. She had to go where she was sent by herguardians. Far from being entitled to some share in the inheritancefrom her relatives, she herself was treated as a piece of inheritancelike any other household item. She was considered as somethingowned by men while she owned nothing. And, even that which sheallegedly owned she could not spend without the permission of men.

Surah Al-Baqarah 2 : 228 566However, her husband had all the right in the world to spend thatwhich belonged to her as and how he elected to do so. She did not evenhave the right to question. So much so that some groups from amongstthe European countries which are considered to be among the mostcivilized in the world today had reached the limit where they did noteven accept that women were human beings!Women had no place in religion. They were considered unfit forworship, and for Paradise. In some synods of Rome, it was decidedafter mutual consultations that she was a dirty animal which had nosoul. Usually, it was considered permissible for a father to kill, oreven, bury her daughter alive. In fact, this act was judged to be a markof honour and a standard of nobility. There were some who held theopinion that anybody who killed a woman did not have to payblood-money or be charged with retaliatory actlon. And should thehr~sband die, the wife too was burnt alive with his dead body.Follo\ving the birth of the noble Prophet & and before hisprophethood, in the year 586, France showed its compassion forwomen by passing a resolution, of course after .great deliberation andcontroversy, that woman is after all a human being, but she has beencreated for the sole purpose of serving man!In short, the whole world, and all nations and religions thatinhabited it, had been treating women with callousness that makesone tremble with fear. For this poor creature, there was no reason, nojustice, anywhere.Ransomed be our lives for him who came as mercy for the worlds(&), and for the true religion which opened the eyes of the people ofthis world, taught man to respect man, made justice and equity thelaw, men were made responsible for the rights of women parallel totheir own rights on them. Woman was made free and independent.She became the owner of her life and property, similar to men. No mancan, even if he be a father or grandfather, force a woman to marrysomeone. Should she be given in marriage without her consent, the actremains dangling on her consent. If she says no, it stands annulled. Noman has any right to spend anything from that which belongs to her,without her consent and approval. After the death of her husband orafter having been divorced by him, she becomes independent and she

Surah Al-Baqarah 2 : 228 567cannot be compelled by anyone for anything. She gets a share in theinheritance of her relatives just like men. To spend on her and to keepher happy has been declared an act of 'ibzdnh (worship) under theblessed law of Muhammad, on him be peace and blessing. Should thehusband fail to give the rights due, she could, through an Islamiccourt, force him to do so or to divorce her.Man's guardianship is essential for peace and orderNot giving women their due rights was ranked as injustice,oppression, stinginess and villainy which was erased by Islam.Similarly, leaving them to go their way wi.th an unbridled liberty fromthe guardianship and care of men, and to make them earn their ownsustenance and life support amounts to wasting her rights anddestroying her genius. Neither does she deserve that fate in view ofher physique nor does that great mission of bringing up children andthe charge of family management, which has been naturally entrustedto her, deserve it.In addition to that, women are, when deprived of the guardianshipand care of men, a great danger for the whole human society, asituation that is bound to create all sorts of disturbances, includingriots and bloodshed, as a matter of daily routine. That is why the nobleQur'an, while stating the mandatory rights of women, also declared9" #.*+,s ,',@?G$(that is, men are a step above women which, in still otherwords, am;;lnnts to saying that men are responsible for them as theircaretakers.As it was in the first age of ignorance before Islam, all nations ofthe world, by keeping women as a household item or a dumb animal,had fallen prey to this mistake. So it came to pass that, followingIslam's age of decadence, there started a later age of ignorance. Herethe first mistake is being matched by yet another mistake, as areaction in the opposite direction, when efforts are being madecontinuously to get rid of even this much degree of precedence menhave over women. As a result, obscenity and shamelessness becamecommon, the world became a home of coriflicts and disorder, andbloodshed became so cheap that the first age of ignorance remained nomatch anymore. There is an Arab saying: &+,i b! ~ggi whichmeans: The ignorant man never stays on moderation. If he decides tostay from acting excessively, he slides into a behaviour of neglect.

Surah Al-Baqarah 2 : 228 568This is the prevailing attitude in the world of today. There wasthat time when they were not even prepared to call or understandwomen as a member of the human race. Now they have advanced tothe limit that the 'yoke' of man's guardianship and caretaking of women,which is perfectly wise and suitable universally for men, and women,is being thrown away, the ill consequnces of which are becomingvisible everyday. And believe it, unless they bow down before this noblestatement of the Qur7an, such disorders will go on increasing dayby day.Governments today make new laws incessantly to bring peace intothe world. New institutions are established for this purpose. Millionsare spent but the source of disorders goes unnoticed by them. If aCommission of Inquiry was to be established to determine the causesof disorder, bloodshed and internecine wars, it is likely that the causeof more than fifty percent of such crimes will turn out to be womanand her unbridled freedom. But, in the contemporary world, theprevailing pursuit of desires has confounded even the best of minds.No corrective check against the worship of desires is even entertained.May Allah Almighty enlighten our hearts with the light of faithand help us act according to the guidance given in His Book and in theconduct of the Holy Prophet g because that is our blessed capital bothin in this world and in the Hereafter.A Conflict and its ResolutionWe find out from this verse that the Qur'an tells the husband andwife about duties assigned to each, whereby men have been placedunder obligation to give women their rights, in the same manner aswomen have been placed under obligation to give men their rights.This indicates that each party should watch out on the fulfillment ofits respective duties rather than go after demanding rights. Andshould they succeed in doing so, the very issue of demanding rightswill cease to exist, because the duties of men are the rights of womenand the duties of women are the rights of men. When duties are takencare of, rights will be automatically fulfilled. These days the root of alltroubles lies in the attitude of people who are alert to their rights butnegligent of their duties.As a result, rights are demanded on a war footing as is evident

Surah Al-Baqarah 2 : 228 569from the current confrontation between governments and masses,husbands and wives and between other authorities and theirchallengers. This indicator of the Qur'iin has modified theconfrontational aspect of the issue by stressing that everyone shouldmake all possible effort to fulfil his or her duties and when it comes tohis or her own rights try to overlook any infringements gently, foregoand forgive. If this teaching of the Qur'Zn could become commonuniversal practice, homes, families, even countries and governmentswill find that most of their conflicts have been resolved for good.Man's higher position over woman is for discipline onlyA universal system in the world, the human nature and the bestinterests of women themselves required that men be not only given aparticular sort of controlling and care-taking right over women, butthat it be rather made incumbent on them. This is what has been/ ,,J 9stated in the verse ;&I Jar: 'Men stand care-takers of women.'But, this does not, necessarily entail that all men are superior to allwomen because being superior in the sight of Allah wholly depends onbelief and good conduct. In Divine dispension, the increase or decreasein degrees operates in synchronization with the degrees of belief andconduct. Therefore, in matters relating to the Hereafter, it is notnecessary that men alone should continue to have that step or degreeabove women. This too is possible and, as elaborated in Qur'anicverses and mdith narrations, this is what would come to pass -- thatsome women, through their obedience to and worship of Allah, willbecome superior to many men with their degree of precedence risinghigher than many a men.Although the Holy Qur'iin, while describing the injunctions of~hari'ah, according to its own clear stress, declares that men andwomen are absolutely equal and the injunctions where there is somedifference have been expressly explained, but the address is generallyto men and the gender used is masculine. This treatment, however, isnot peculiar to the noble Qur'an. Governments too, use the masculinegender in their laws fairly commonly, although the law is universallyapplicable to men and women both.One immediate reason for this is the very difference identified inthe verses of the noble Qur'an, that is, for men there is a step abovewomen.The second consideration, perhaps implied here as well, may be

Surah Al-Baqarah 2 : 228 570that satr (concealment) is better even when there is a discussion aboutmasturtit (women: the concealed ones). But, when women reaiized thatthe noble Qur'iin does not address them directly at various places likeit does address men, the venerated mother of the faithful, SayyidahUmm Salmah L+ LLII >J pointed this out to the Holy Prophet & andthereupon the following verse of the SGrah Al-Ahzab was revealed:Submitting men and submitting women, believing men andbelieving women, obedient men and obedient women ... (Thisappears in details in ~asa'T, Musnad Alpad and ~afsTr Ibn ~ ar% etc.)where women were clearly and expressly identified along with menwhich implies that the status of women is no less than men inobedience to Allah and in His worship, in being near Him and Hisapproval, and in the ranks of Paradise.According to a report in Tafsir Ibn ~athir, some Muslim womencame to the the blessed wives of the Holy Prophet & and asked aboutthe general absence of any mention of Muslim women in the HolyQur'iin, while it does mention men at several places, and also refers tothe blessed wives of the Holy Prophet & from among women.Thereupon, the verse referred to above was revealed.To sum up, it can be said that a certain measure of precedence andauthority in regulating the affairs of worldly life is for the good ofwomen and that wisdom so dictates. Other than that, there is nodifference in the reward and retribution for deeds, good or bad, and inthe degree of merit attained in the Hereafter.The same subject appears in the noble Qur7Zn with much more, clarity in the following manner:And whosoever male or female, does a righteous deed, whilehe (or she) is a believer, we shall assuredly get him (or her) tolive a goodly life. (16:97)After these preliminary remarks let's ponder over the words of the697 / /original verse under discussion. It was said: %$I ., JL 3; : "Andwomen have rights similar to what they owe" that is, their rights are

Surah Al-Baqarah 2 : 228 5711incumbent upon men similarly as the rights of men are incumbentupon them. Here the rights of women were mentioned before therights of men, one reason for which is that man after all, given hisphysical power and God-given precedence, manages to wrest his rightsfrom women anyway. The concern should be for the rights of womensince they cannot habitually wrest their rights by force.There is yet another hint here which suggests that men shouldtake the first step to give the rights of women. However, the similarityand equivalency declared by the use of the word mithl (6,: like,similar) in the text here could just never mean that the kind of jobmen do should also be done by women, or vice versa, because thedistribution of work and respective duties for men and women arenaturally different. In fact, it means that it is obligatory that rlghtsbelonging to both be observed equally and mutually and that thepunishment for any negligence or shortcoming be also equal.It is worth observing at this point how the noble Qur'Zn has, in asentence so small, miniaturized a whole roster of rights and dutiessince all rights women have over men and all rights men have overwomen are included under the sense of this verse. ( ~uh~ti Simply byadding one more word +;& (bi l'ma'rilf justly, uprightly, kindly,courteously, according to the practice approved by the ~hari'ah, orsimply - "as recognized", a closer expression used in the accompanyingtranslation of the verse) the possible occurrence of mutualcontroversies was eliminated. It was established that rights should begiven using the ma'ruf method because the meaning of ma'rcf includesthat which is neither prohibited nor impermissible under the dictatesof the Shari'ah nor does it have any element of hardship or excessunder common habit or custom or 'Grf. The purport is that observingthe routine of legal provisions is not enough, instead, it will beexamined that, according to 'urf or customarily approved practice, theother party does not in any case suffer from pain or loss. That which isjudged to be a source of pain and loss, in view of 'urf, will be forbiddenand remain impermissible, for instance, coldness, indifference or suchbehaviour or conduct which causes pain. These can hardly be coveredunder an article of law but the word bi 1'ma'r;lf does encompass them.After that it was said: '$;is412>;:'Though for men there is a step, ,

Surah Al-Baqarah 2 : 229 - 230 572above them.' The well-known meaning and sense of this verse is thatdespite the rights of the parties being equal, Allah Almighty hasbestowed upon men a certain degree of precedence and authority overwomen. That there is great w?sdom in doing so has been hinted at bythe use of the words4&3y%l; :''And Allah is Mighty, Wise" towardsthe end of the verse. Giving the meaning of this sentence, Sayyidna'Abdulliih ibn 'Abbis L+ 4~ &I >J has added that Allah Almighty hasgiven men a degree of precedence as compared to women, thereforethey should act with much more forbearance. Even if women fall shortof giving them their rights, the degree of their precedence is such thatthey should bear by it, be patient and do nothing to desist from givingthem their rights. (~urtubi)Verses 229 - 230Divorce is twice; then either to retain in the recognizedmanner or to release in fairness. And it is not lawful foryou to take back anything from what you have giventhem, unless both apprehend that they would not beable to maintain the limits set by Allah. Now, if youapprehend that they would not maintain the limits setby Allah, then, there is no sin on them in what shegives up to secure her release. These are the limits setby Allah. Therefore, do not exceed them. Andwhosoever exceeds limits set by Allah, then, those arethe transgressors.

Surah Al-Baqarah 2 : 229 - 230 573Thereafter, if he divorces her, she shall no longerremain lawful for him unless she marries a man otherthan him. Should he too divorce her, then there is nosin on them in their returning to each other, if theythink they would maintain the limits set by Allah. Andthese are the limits set by Allah that He makes clear toa people who know (Verses 229 - 230).CommentaryThe in~unctions governing !aliiq (divorce) and nikEh (marriage)appear in several verses throughout the Qur'iin but the versesmentioned here consist of cardinal rules of procedure in cases ofdivorce. To understand these, it is necessary to know the status ofNikah in the ~hari'ah of Islam.Marriage, divorce and the rules governing themOne commonly known aspect of Nikiih (marriage) is that of amutual transaction and contract similar to transactions in buying andselling and in loans and payments. The second aspect is that ofSunr~ah and 'IbZdah. On this, there is a consensus of the wholeummah that nikah, being far above ordinary transactions andcontracts, has the status of 'IbEdah and Sunnah (the act ofworshipping Allah and following in the footsteps of the Prophet & ).Therefore, In order that nikah be duly solemnized, there are, by theconsensus of the ummah, some peculiar conditions which are not foundin ordinary transactions of buying and selling.First of all, nikiih cannot take place between any man and anywoman. Governing this, there is an absolute law of the ~hari'ah underwhich several categories of men and women cannot be joined togetherin the bond of marriage.Secondly, for all transactions and contracts, in order that they beconcluded and finalized, witness is no condition. A witness is neededwhen parties differ, but nikiih is not such a transaction. Here, in orderthat it be concluded, the physical presence of witnesses Is apre-condition. If a man and woman, the two of them mutually agree tohave their marriage solemnized without witnesses, and even if, anyone of the two never differs or retreats, that marriage is, according tothe ~hari'ah, still invalid, unless both respond to the proposal andacceptance before witnesses. However, the Sunnah is that 'nikah' must

Surah Al-Baqarah 2 : 229 - 230 574be solemnized with a public announcement. Similarly, there are manyother conditions and rules of decorum that are either necessary ormasniin in marriage.According to Imam Abii ani if ah, and several other leading Muslimjurists, the aspect of 'Ibldah (worship) and Sunnah in nikah dominatesover the aspect of transaction and contract. Evidences from the Qur75nand Sunnah support it.After this brief familiarity with the real nature of marriage, let usunderstand divorce. The outcome of taliiq (di~~orce) is to terminate thetransaction and contract of nikiih (marriage). Just as the ~hari'ah ofIslam, by giving nikiih the status of an act of 'Ibadah, has kept it at alevel higher than conimon transactions and contracts and has imposedon it several restrictions, very similarly, the termination of this dealhas not been left free, as in common transactions, where the partiesmay terminate the deal as and when they elect to do so, and go on tomake a fresh deal with someone else. It has rather made a pointedlywise legal framework which has been described in the verses underreference.According to the drift of Islamic teachings, the transaction andcontract of nihih shoull be for the whole life-span. The point ofdeparture where it has to be broken or terminated should never bereached because the discontinuation of this deal affects not only theparties involved but goes on to destroy children, and their children,and at times, it may even cause whole families and tribes to end upwith disturbed relations, which in turn, badly infects the wholesociety. Therefore, the teachings of the Qur'iin and Sunnah have takenall necessary steps to remove impediments that may cause thebreaking of this deal. The focal drive of instructions given in theQur'an and Sunnah covering all problems and situations relating tothe married couples is that this relationship should always keep onbecoming stronger and stronger and may just never break. Shoulddisagreements crop up, instructions were given to first try andunderstand each other's point of view and talk it out, and in the eventof failure, ways of restraint, hard advice and warning were identified.Should the tussle become serious and these elementary steps do notbring a resolution of crisis, the parties were then expected to set up a

Surah Al-Baqaralr 2 .229 230---""----- "'--- --.-----panel for arbitrat~on ccirrlprising of the mennbcrs of thew immediatefamilies who could help patch up the differences. The emphasis onmaking members of the family as sole arbitrators in the verse AL~ '&9,, PC-", 6'91 p, LSC: ;:'Then send one arbitrator from hls people and one from herpeople' is certainly very wise since the tussle, if it escapes theimmediate family circle, will only aggravate the situation and theparties may draw further apart.But there are occasions and s~tuatio~~s when all efforts forreconciliation fail and the parties in conflict rather than benefit by thedesired results of the nikih relationship, feel that being marriedtogether is a mutual punishment. Under such conditions, terminatingthis husband-wife relationship becomes, in Itself, a way-out promisingcomfort arid peace for the parties. Therefore, the ~har?ah of Islam didnot, as did some ot,her reljgions, patently confirnl that the marriagerelationship must rema~n unbreakable under all conditions. Going astep ahcad, it l~as framed a specific law for divorce and the dissolutionof marriage. The ~ight of divorce was given to man alone in whom theingredierit,~ of thought, end-perception and forbearance were morepronounced than in a woman. This free choice was not given in thehands of women so that the disposition of being overtaken bytransitory emotions, which IS more pronounced in women as comparedto men, may not become the cause of divorce.But women too, were not totally deprived of this right lest they areleft with no alternative but to keep groaning under the cruelty of herhusband She was given the right to take her case to a court presidedby a judge who qualifies as such under the rules of ~hari'ah, presenther complaint, prove her case, and get the marriage annulled, orsecure a divorce. Then, as ~t is, Allah Almighty did entrust man withthe free choice of divorce, but at the very first instance, it was declaredthat the use of this cholce was very much detested and disapproved inthe sight of Allah. It was permitted - only in extreme situations ofcompulsion. It appears in qadith: jWI JJI J! bj~I +!i . Divorce is themost detested of lawful things with Allah.The second restriction placed stipulated that this choice should notbe used in extreme anger or fleeting displeasure. It was due to thiswisdom that the pronouncing of divorce was forbidden during the575

Surah Al-Baqarah 2 : 229 - 230 576period of menstruation, as well as, during a tuhr (the state of purity)in which the husband has had sexual intercourse with the wife. Thepronouncing of divorce during menstruation and in a tuhr marked byintimacy was forbidden on the basis that it would become thecontributing reason to elongate the 'iddah or 'waiting period' of thewoman, which will aggravate her pain and worry. For these two' / D,,-W"situations, the noble Qur'an has this to say: &-a;p+ that is, divorce/I / I-- if it has to be given -- should be given at a time when the 'iddah ofthe woman does not become longer without any reason. If divorcebecame effective during menstruation, that particular menstruationwill not be counted in 'iddah. The count of 'iddah will begin from thenext menstruation. And in a tuhr marked with intimacy, the chancesof pregnancy exist, which would elongate the period of 'iddah, upto thetime of delivery. Another reason for fixing the time of tuhr, mentionedearlier for the pronouncement of divorce is that it is quite possible thatin the meantime the anger goes away, forgiveness and recompensefollow and the very idea of divorce is withdrawn.Now under the third restriction, the method adoptdd in breakingthe marriage- contract and its annulment was not kept identical withthat of the transactions and contracts of common buying and sellingactivity which releases the parties concerned of all obligationsinstantly once the contract is annulled. The first deal is all over andeverybody gets the option to enter into another contract with someother party. In fact, in order to sever the marriage-relationship, talaqhas been subjected to three stages. Then it was topped with therestriction of 'iddah since a lot of residual effects of thenikah-relationship will remain active until the completion of 'iddah.Another marriage will not be lawful for the woman. Some restrictionon the man would also continue.The fourth restriction stipulates if divorce was given once or twicein clear and unambiguous words, nikiih did not break instantly on thepronouncement of talaq; the marriage relationship continues till thecompletion of 'iddah. If the husband revokes the taliiq, the previousnikiih will remain valid.This choice of ruju' (revocation or the act of taking back one'sdivorced wife) was restricted to only one or two taliiqs, so that some

Surah Al-Baqarah 2 : 229 - 230 577- --cruel husband may not make a practice of giving taliiqs, and then takeher back and keep her as some captive. Therefore, came theinjunction: If someone pronounces the third taliiq as well, he now hasno choice of ruju' (revocation), that is, he cannot take his wife back. Infact, even if they wish to remarry after mutual agreement, their beingjoined together in marriage a second time is not lawful, except in apeculiar manner which has been described later on.The verses under study consist of important in~unctions relating tothis system of divorce. Now let us ponder over the words,of these, / 94-..':verses. In the beginning of the verse it was first said: g$ jWI that is,4'taliiq is twice'. Then, in the process of these two talaqs: a certainflexibility was provided by virtue of which the marriage was nottotally annulled; instead, the man has the choice to return to his wifeand retain her in his marriage. Or, he may elect not to do his rujii'(revocation) from the earlier pronouncements, allow the 'iddah to becompleted and once the 'iddah is over, the marriage relationship will999, 9 ,Ybe terminated. This subject was stated in the words:g3;i 2,- JLY-CL'4, ;.,(then either to retain in the recognized manner or to release infairness) that is, either, one must revoke divorce and retain his wife inhis marriage, or, allow her 'iddah or the waiting period to becompleted nicely and generously so that she can become free.The third talaq (pronouncement of divorce) still remains unmentionedwhile the text takes up another problem in between, which generallycomes up for discussion under such conditions. The problem isthat there are some cruel husbands who neither wish to retain theirwives, nor care about their rights, nor give them divorce. The wife isplaced in a situation of duress while the husband, taking advantage ofher helplessness, demands some money or property from her, or as alast resort, demands that the rnahr (dower) be forgiven, or returned inlieu of divorce. The Qur'gn declares this to be haram (unlawful). It wassaid:that is, it is not hala1 (lawful) for you that, in return for taliiq, you takeback from them money or mahr (dower) or anything else given by you.However, one exception was made in which forgiveness or return of

Surah Al-Baqarah 2 : 229 - 230- -- - -578-n~ahr (dower) was made permissible. Where the woman feels that shecannot do justice to the rights of her husband because of difference intemperaments and the man too, feels the same way, then this becomesa situation in which it is also permissible that divorce be given ortaken in lieu of the forgiveness or return of mahr (dower).After dealing with the above problem, tbe third taliiq was,' ,/>909 6dw0#0 ,+-GO> .mentioned in this manner :s

Surah Al-Baqarah 2 : 229 - 230 579and several other jurists did not just permit the third ,talaq. They callit taliiq al-bid'ah (the innovated {alaq: divorce without the authority ofthe Qur'an and Sunnah). Some other jurists have ruled that threetalaqs are permissible only on condition that these three talaqs bepronounced separately in three tuhrs (the state of post-menstrualpurity). In the terminology used by these jurists this too has beentermed as taliiq al-sunnah. But none of them are proposing by thisterm that giving three talaqs in this manner is desirable, and isaccording to the Sunnah. In fact, this was given the name of taliiqal-sunnah as opposed to talzq al-bid'ah for the simple reason that thisform does not amount to bid'ah (an innovation in settled religiouspractice).The gist of that which stands proved regarding the talciq count, onthe authority of the guidance given by the Qur'Zn and Sunnah, and thepractice of the Companions of the the Holy Prophet g and theirfollowers is this: When no option, except that of talzq, is left, the bestmethod of pronouncing talaq is to pronounce one talgq during the stateof tuhr (purity) in which sexual intercourse has not taken place. Then,let this one talaq stay as such. As soon as the 'iddah finishes, thenikah relationship will automatically be finished with it. The MuslimJurists have called it al-taliZq al-ahsan and the respected Companionsof the Holy Prophet ,$ have declared it as the best method of

Surah Al-Baqarah 2 : 229 - 230 580should be given at two separate occasions, that is in two separatetuhrs (states of(Riih al-~a'a~:)In short, the limit of two talaqs stands proved from the words ofthe Qur'an. Therefore, by consensus of Imams and fuqaha' (MuslimJurists), this taliiq is included in Sunnah, that is, it is not a bid'ah(innovation). That the third talaq is undesirable is clearly indicated inthe Qur'iinic diction itself. That this is undesirable has not beenquestioned by anyone.As to how detested and reprehensible the third talaq is standsproved by a hadith of the Holy Prophet & . Imam al-Nasa'T reports onthe authority of Mahmud ibn Labid that:aw ax d9i hJ +> 4 &I &I JyJ+l,+s-&i -61, &I +l;k! 4-i :Ju p , 6~ ?~ii &r &iui&~J,, 6 :J~i,~l,?liThe noble Prophet & was told about a man who had divorcedhis wife by pronouncing three talaqs simultaneously. He rosein anger, then said: 'What is this game being played with Allah'sBook while I am present amongst you?' In the meantime,a man stood up and said: YS Rasulalliih! should I not kill him?(~asa'i, KitFib al-Talaq, vo1.2, p. 98) 51Based on this, ImSlm MZlik and some other leading fuqaha' (jurists)have ruled that the third taliiq is absolutely impermissible and that itis taliiq al-bid'ah (a divorce based on innovation in religious practiceand not supported by the Qur'Zn and Sunnah). Other Imams, bysaying that three talaqs given in three tuhrs (states of purity) areincluded under sunnah !alEq, have though excluded it from thepurview of talaq al-bid'ah, but there is no difference of opinion as to itsbeing undesirable.50. The use of the adverb, 'twice' to stand for the Qur'anic word, 'marratan'in the accompanying translation is to cover this element of sequenceand deferment for, lexically, 'twice' means -- on two occasions or twotimes.51. naf;? Ibn al-Qaiyyim has ruled that the isnad of this had5h is sahihaccording to the conditions prescribed by Muslim (Zad al-Ma'ad).'Allamah al-Mardini, in his al-Jauhar al-Naqi, calls the sanad of thishadith -- sahih, Ibn Kathir terms the isnad as excellent and Ibn Hajarfinds this 'narrated by the reliable'.

Surah Al-Bauarah 2 : 229 - 230 581To summarize, it can be said that the three stages of faliiq (divorce)established by the Shari'ah of Islam in the form of three talaqs, donever mean that crossing these three stages are necessary or better.Instead, the intent of the ~hari'ah is that the very initial step towardsdivorce is a detestable and reprehensible act. If such a step has to betaken under dire compulsion, it is only proper that its lowest possiblestage, that is, one (pronouncement of) taliiq be considered sufficient,allowing 'iddah (the waiting period) to take its course. Once the 'iddahis over, this very one talaq will become sufficient to sever thehusband-wife relationship and the woman shall become free to marryanother person. This method of !alaq is called ahsan, that is, the best.In this method there is wisdom, and an element of advantage as well,since the option of reconciliation will remain open for the partiesconcerned in the event only one taliiq has been given in clear words tothat effect. Only taking the talaq back before the expiry of 'iddah willbe sufficient to sustain the nikah. And after the 'iddah has expired, thenihtih will, no doubt, be broken and the woman set free, but there stillwill remain room for reconciliation between them, and should theyreconcile and wish to remarry each other, the fresh nikih could besolemnized immediately.But, should a person who does not stick with this method of aksantalaq and goes on to pronounce one more talaq in clear and unambiguouswords during the period of 'iddah, he then, completes two stages ofthe severance of nikah, which was unnecessary, and certainly not approvedby the ~hari'ah. However, two stages stand completed anyway.But the position, inspite of the completion of these two stages, stayswhere it was, that is, the choice of raj'ah (revocation) or return (toone's wife) during the period of 'iddah remains open and a fresh nikiihcould be made by the mutual agreement of the parties concerned afterthe expiry of the period of 'iddah. The only difference is that the husbandhas, by reaching the count of two talaqs, broken one more chainof his choices and arrived at the borderline from where the pronouncementof just one more talaq by him would end the matter for ever.For one who has gone through these two stages of talaq, the7 '9, /.< 7,,,'9.7~.,instruction given later is: +,Ggr+-,l $,+,JL~ . Then either to retainin the recognized manner or to release in fairness.' Here two

Surah Al-Baqarah 2 : 229 - 230582--injunctions have been communicated through the words 3:2~kZ$Firstly, revocation during 'iddah does not require fresh nikah; insteid,only imsiik, that is, retaining one's wife by revoking the talaq issufficient. If this was done, the marriage relationship will standreinstated on the very basis of the previous nikiih.Secondly, through this, the husband was instructed to take steps toeffect his raj'ah (revocation) only if he intends to correct the situationand looks forward to living in peace and harmony; if not, he shouldpass this option so that the marriage relationship ends following thecompletion of 'iddah. The concern here is that raj'ah (revocation) maynot be done just to harass the woman without any intention ofcorrecting the situation.To match this, it was said: b~>,g&$. The word, ~asrTh means tountie, to free, to release. Through this, it was pointed out that In orderto sever relations, no additional taliiq, or for that mater, no otheraction is necessary. That the 'iddah (waiting period) expires withoutrevocation is, in itself, sufficient to end the marriage relationship.Abu Dawud reports on the authority of Abii ~ azin al-~sadl that,following the revelation of this verse, a man asked the Holy Prophet(5,2~. 'Allah Almighty has said: ;sp jWI (Divorce is twice). Why the third>'-tnlaq was not mentioned her&' He said: 'The expression (Torelease in fairness) which follows immediately, is the thii talaq.' ( ~ubal-~aanl). It means, according to the consensus of 'ulamii', that the act ofthe total severance of marriage relationship which would come out ofthe third talaq, would be taken care of by this mode of action, that is,by not revoking the divorce during the period of 'iddah. Now, just as,by placing the restrictive condition of $2; (in recognized manner)along with &2! (retaining), the instruction was given that the wife, ifretained after ihe revocation of tal* pronouncement (raj'ah), shouldbe retained in good grace. Very similarly, by placing the restrictivecondition of bCb (in fairness) along with g2 (release), the instructionwas given thGt fLliiq is the dissolution of transaction and gentlemen gothrough their transactions and contracts in good taste and mannersand in the event dissolution of contract becomes necessary, that too,should not be done with anger or altercation, instead, that should bedone with charity, kindness and grace, for instance, while sayinggoodbye to the divorced wife, let her depart with some presents, suchas clothing and its likes. This is mentioned in the Qur'iin:

So, give then1 benefit -- the rich man according to his meansand the poor one according to his means. (2236)And, if he, in spite of this, elects not to do so, rather, going a stepfarther, pronounces the third gal@ as well, he now has reached a deadend where he has, quite unreasonably and unnecessarily, done awaywith all his options, ignoring in that process, graces allowed by the~hari'ab. The punishment he now deserves is that raj'ah (revocation)will not be possible, and without the wife marrying someone else, thecouple's being re-united in marrlage will also be not possible.Three divorces given unlawfully are effectiveThe immediate, rational and conventional answer to this questionis that the nature of an act ~ II being a crime and a sin does not stop itfrom taking effect anywhere. Killing unjustly is a crime and a sin. Butone who is shot with a bullet, or struck with a sword, gets killed afterall. His death does not wait to discover if the bullet was fired legally orillegally. Stealing is a crime and a sin by the consensus of all religions,but that which has been stolen as such leaves the possession of theowner anyway. Similarly, all sins and crimes are hemmed in by thesame situation -- that their being sin and crime does not stop themfrom taking effect.Tn accordance with the dictates of this principle, the false stepstaken, such as, the ignoring of concessions given by the ~hari'ah andshoot'itg uptu three talaqs unnecessarily, bypassing all choices ofone has, n, &ubt, became a cause of anger for the Holy Prophet asstated in .I{e previous report, and for this reason, this act wasconsidered 'undesirable' by the consensus of the ummah, andimpermissible' by some; but, if inspite of all this, someone has takensuch a step, it should bring forth the same effect as would be that of apermissible c-etiiq, that is, three talaqs become effective and not onlythe choice of raj'ah (revocation) but also the very choice of fresh nikahstands negated.And the decision of the Holy Prophet is a testimony that he, inspite of his showing anger against giving three divorces, enforced thethree talaqs, several incidents relating to which appear in books ofahiidsh. The 'uZamZ7 who have written regular books on this subject

Surah Al-Baqarah 2 : 229 - 230 584have collected these incidents therein. Recently, "Umdah al-Athath', abook written on this subject by Maulan5 Abii al-Zahid MuhammadSarfaraz has been published and is sufficient enough. Quoted here areonly three ablldith.The report by Mahmud ibn ~abid mentioned earlier with referenceto al-~asa'i does record the expression of extreme anger by theMessenger of Allah on the giving of three talaqs at one time, so muchso, that some sahibah . . (Companions) thought that the person deservedbeing killed. But this is not reported anywhere that he ruled the man'stalGq to be a revocable !alEq and let the man have his wife back.On the contrary, the second report that follows clearly indicatesthat the Holy Prophet & has enforced the three sirnultaneous talaqs ofSayyidnii 'Uwaymir in spite of displeasure. Very similarly, Q& AbuBakr ibn al-'~rab? has, in relation to the previously quoted hadith ofMahmud ibn Labid, reported that the Holy Prophet g had enforcedhis three talaqs similar to the three talaqs of Sayyidnii 'Uwaymir. Hiswords are:,+++*- j~~~hl&,&~+Ldl&&l~~~8 2 ~ptJ &W1 d.i'Y.b -1 -;)MI j jwlSo, the Holy Prophet did not reject it. He enforced it instead.As it appears in 'Uwaymir al-'~jl~ni's hadith of li'tin,the Holy Prophet & had enforced his three talaqs and had notrejected it.The second hadith, that of Sayyidah 'A'ishah I+S &I&J~ahih - , al-~ukh~r? in the following words:appears inA man pronounced three talaqs on his wife. When the womanmarried elsewhere, the other husband also divorced her. Thenoble Prophet was asked: 'Is this woman halal (lawful)?'He said: 'Not unless the other husband has had intimacy withher as was done by the first husband.'The words of the the report indicate that the three talaqs weregiven at the same time. Commentaries on ~adith, such as Fath

Surah Al-Baqarah 2 : 229 - 230 585al-~ar?, 'Umdah al-~ari, al-Qastalani, confirm thls reading of thereport, that is, three taliiqs were given at the same time. And thehad2h carries the decision thereupon, that the Holy Prophet a madethese three talaqs effective and ruled that, urlless there occurs maritalintimacy with the second husband, she will not become lawful for thefirst husband, simply by having been divorced by the former.The third report is that of SayyidnZ 'Uwaymir al-'Ajlani, who didhis li'an ( jw : sworn allegation of adultery) against his wife in thepresence of the Holy Prophet , and following that, he said:C X ~ I ~ ; S ~ Y ~ I ~ I J J I J ~ ~ ~ ~ ~+3 LjS JJ1& 41 3244 bJ +-So when they were through with lz'iin, 'Uwaymir said: 'I shallbe telling a lie if I retained her'. Then, he gave her three talaysbefore the Holy Prophet could give his verdict. (~ah;hal-~ukhar; ~nclud~ng Fath al-~~Gsah;h Musllm page 289, volurnel)And Abii Dharr L;S &I (/b~ has, on the authority of Sayyidna Sahl ibnSa'd, reported this incident in the following words:i,~o JJI JyJ *;s p~ bC;, +, qLs JJI JJI JyJ LLLL~+,JIJ&JJIJ~~.L.~ IL~+LIJUL~)~JL~SJJI141 b b - Y + L+L;+-A+LJIUThen the Holy Prophet enforced it, and that which happenedin the presence of the Holy Prophet & became establishedas Sujinah. Sa'd says: 'On this occasion, I was presentwhen this occured before the Holy Prophet & . So, follotvingthat, the pracl ice became common that they should be separatedafter whic!~ the two should never be united. (Ah; Diiwfid)In this hadith, it 1s proved with full clarity that the Holy Prophet& has enforced the three simultanously-pronounced talaqs ofSayyidna 'Uwaymir ruling these as three.And in the previous report of Mahmud ibn ~abid as well, ascorroborated by the report of Abii Bakr ibn al-'~rabi, it is mentionedthat three talaqs were enforced but, even if this was not so, at leastthis much is not reported anywhere that the Holy Prophet g ruled itto be one revocable divorce pronouncement, and allowed the husbandto retain his wife.To sum up, the three ah~dith under reference prove that, despitethe fact of three simultaneous talaqs which invited the extreme anger

Surah Al-Baqarah 2 : 229 - 230 586-of the Holy Prophet & , their consequence, in any case, was that allthree talaqs were ruled effective.The action taken by Sayyidna Fariiq Al-A6?am:Now the above discussion proves this much that holding threetalaqs as three was a decision of the Holy Prophet himself & .However, at this point, an incident related to Sayyidnii FiirGq,41-A'zam *;5 JJI p, , which has been reported in ~ aGh Muslim and:several other books of ~adith, raises a problem. The words are:JJIJ,,+&i~~,u~~%+zs~+,&~i,+,+JJ~&i~i 44 i ;~ ,ij I+IA &lill ,j! :"UI ~ + J~lijI ~ V I V ~jWI ,jK:JljkgtsJJl~.f?~,y'+~l~. ,+L ,LA . + bi,.iidl &JIt has been reported from Sayyidnii ibn 'Abbas ~s;c thatduring the times of the Holy Prophet & and during the firsttwo years of the caliphate of Sayyidna 'Umar ~ss &I&Jthreetaliiqs were taken as one. So, Sayyidna 'Umar said: 'Peopleare becoming haste-prone in a matter in which there was aroom for deferment for them. Therefore, it would be appropriateif we enforce it on them.' Then he enforced it on them.(~a$h Muslim, page 477, volume 1)This declaration of SayyidnG 'Umar al-FarGq was made publicly inthe presence of Sahiibah (Companions) and ~Gbi'h (their successors) --after consultation with SahZbah having expertise in Fiqh. Rejection orhesitation by any one of them has not been reported. Therefore, ImamIbn 'Abd al-Barr al-Maliki has reported a consensus on this; thefollowing words appear in al-ZurqGni Sharh al-Mu'atta:Aix; jl :xu dl+ pl &- J! &WI tg, & J d l ,(\Tv,rcIb;.C; jli,;) I r?f!d_YThe overwhelming majority of the scholars of ~hari'ah is ofthe view that three simultaneous talaqs become effective. Infact, Ibn 'Abd al-Barr, while reporting ijmii' (consensus) onthis, has said: 'The contrary of this is not worth consideration.'(al-Zurqani: Sharh al-Mu'att5: page 167, v.3)And Al-Nawawi says in Sharh Muslim: