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2:237 - And if ye divorce them before consummation but after the fixation of a dower for them then
the half of the dower (is due to them) unless they remit it. Or (the man's half) is remitted by
him in whose hands is the marriage tie; and the remission (of the man's half) is the nearest to
righteousness. And do not forget liberality between yourselves. For Allah sees well all that ye
do. 269270
269 The law declares that in such a case half the dower fixed shall be paid by the man to the woman. But it is open to the
woman to remit the half due to her or to the man to remit the half which he is entitled to deduct, and thus pay the
whole. (2.237)
270 Him in whose hands is the marriage tie: According to Hanafi doctrine this is the husband himself, who can ordinarily
by his act dissolve the marriage. It therefore behooves him to be all the more liberal to the woman and pay her the full
dower even if the marriage was not consummated. (2.237)
2:240 - Those of you who die and leave widows should bequeath for their widows a year's
maintenance and residence; but if they leave (the residence) there is no blame on you for
what they do with themselves provided it is reasonable and Allah is Exalted in Power Wise. 273
273 Opinions differ whether the provision (of a year's maintenance, with residence) for a widow is abrogated by the share
which the widow gets (one-eighth or one- fourth) as an heir (Q.iv.12). I do not think it is. The bequest (where made)
takes effect as a charge on the property, but the widow can leave the house before the year is out, and presumably
the maintenance then ceases. (2.240)
2:241 - For divorced women maintenance (should be provided) on a reasonable (scale). This is a
duty on the righteous.
2:282 - O ye who believe! when ye deal with each other in transactions involving future obligations
in a fixed period of time reduce them to writing. ……And get two witnesses out of your own
men and if there are not two men then a man and two women such as ye choose for
witnesses so that if one of them errs the other can remind her. …..
4:1 - O mankind! reverence your Guardian-Lord Who created you from a single person created of
like nature his mate and from them twain scattered (like seeds) countless men and women;
reverence Allah through Whom ye demand your mutual (rights) and (reverence) the wombs
(that bore you): for Allah ever watches over you. 504505506
506 Among the most wonderful mysteries of our nature is that of sex. The unregenerate male is apt, in the pride of his
physical strength, to forget the all-important part which the female plays in his very existence, and in all the social
relationships that arise in our collective human lives. The mother that bore us must ever have our reverence. The wife,
through whom we enter parentage, must have our reverence. Sex, which governs so much of our physical life, and
has so much influence on our emotional and higher nature, deserves-not our fear, or our contempt, or our amused
indulgence, but-our reverence in the highest sense of the term. With this fitting introduction we enter on a discussion
of women, orphans, and family relationships. (4.1)
4:3 - If ye fear that ye shall not be able to deal justly with the orphans marry women of your
choice two or three or four; but if ye fear that ye shall not be able to deal justly (with
them) then only one or (a captive) that your right hands possess. That will be more suitable
to prevent you from doing injustice. 508539
508 Notice the conditional clause about orphans, introducing the rules about marriage. This reminds us of the immediate
occasion of the promulgation of this verse. It was after Uhud, when the Muslim community was left with many orphans
and widows and some captives of war. Their treatment was to be governed by principles of the greatest humanity and
equity. The occasion is past, but the principles remain. Marry the orphans if you are quite sure that you will in that way
protect their interests and their property, with perfect justice to them and to your own dependents if you have any. If
not, make other arrangements for the orphans. (4.3)
509 As the woman in marriage surrenders her person, so the man also must surrender at least some of his property
according to his means. And this gives rise to the law of Dower. A minimum dower is prescribed, but it is not
necessary to stick to the minimum, and in the new relationship created, the parties are recommended to act towards
each other with the greatest confidence and liberality. (4.3)
4:4 - And give the women (on marriage) their dower as a free gift; but if they of their own good
pleasure remit any part of it to you take it and enjoy it with right good cheer.
4:7 - From what is left by parents and those nearest related there is a share for men and a share
for women whether the property be small or large a determinate share. 514
514 I have resisted the temptation to translate "next to kin," as this phrase has a technical meaning
in Indian Law, referring to certain kinds of heirs, whereas here the people meant are those
whose inheritance is to be divided. The shares are specified. Here the general principles are
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2068