Section 3 - Dealing with women

Punishment to immoral women and men - Tolerance for repentance - Unlawful to treat women harshly - Kindness to women enjoined.

15. " And as for those of your women who are guitly of lewdness, call to witness four of you (Muslims) against them; then if they bear witness (to the fact), confine them to the houses until death takes them away or Allah makes some way for them."

Commentary :

The punishment of filthy women who have husband and are polluted with lewdness is pointed out in the above verse, where it says:

" And as for those of your women who are guitly of lewdness, call to witness four of you (Muslims) against them; ..."

"Then, the verse continues saying:"

"... then if they bear witness (to the fact), confine them to the houses until death takes them away ..."

Thus, the punishment of lewdness for the women who have husband has been assigned 'life imprisonment' in this verse. But, immediately after that, it says:

"... or Allah makes some way for them."

From the above mentioned sense, it is understood that this ordinance had been a temporary ordinance, because later the holy Prophet (p.b.u.h.) issued the divine ordinance of 'stoning', the explanation of which is found in Islamic literature and the books of jurisprudence where you may refer to it.

(16) وَاللَّذَانَ يَأْتِيَانِهَا مِنكُمْ فَآذُوهُمَا فَإِن تَابَا وَأَصْلَحَا فَأَعْرِضُواْ عَنْهُمَا إِنَّ اللّهَ كَانَ تَوَّابًا رَّحِيمًا

16. " And when two of you commit it (lewdness) punish them both, but if they repent and amend, then turn aside from them. Verily Allah is Oft-returning (to mercy), the Merciful." 

Commentary :

In this verse the ordinance of fornication is stated. It indicates that the man and woman, who have not spouses and commit this indecent action, lewdness, both must be punished. It says :

" And when two of you commit it (lewdness) punish them both; ..."

The punishment mentioned in this verse is a general punishment, while verse No. 2 from Sura Nur, No. 221, which assigns one hundred stripes for each of the two parties, can be a commentary and an explanation upon the above verse.

At the bottom of the verse, it points to the matter of repentance and forgiveness about these kinds of sinners, and says:

"... but if they repent and amend, then turn aside from them. Verily Allah is Oft-returning (to mercy), the Merciful."

In the meantime, it is understood from this ordinance that the persons who have repented of their faults should never be blamed for their former sins.

(17) إِنَّمَا التَّوْبَةُ عَلَى اللّهِ لِلَّذِينَ يَعْمَلُونَ السُّوَءَ بِجَهَالَةٍ ثُمَّ يَتُوبُونَ مِن قَرِيبٍ فَأُوْلَـئِكَ يَتُوبُ اللّهُ عَلَيْهِمْ وَكَانَ اللّهُ عَلِيماً حَكِيماً

17. " Verily repentance with Allah is only for those who do evil ignorantly and then repent soon. So, these are they toward whom Allah returns (mercifully) and Allah is All-Knowing, All-Wise."

Commentary :

In the previous verse, the subject of the fulfilment of stripes upon those who commit indecency, fornication, as their punishment with repentance, was clearly stated. In the above verse, some of its conditions are mentioned, too. It says: 

" Verily repentance with Allah is only for those who do evil ignorantly..."

The purpose of the usage of the term 'ignorantly' in the above mentioned verse is the violence of instincts and the domination of the strong low desires, and their conquest over the strength of intellect and faith. In this state, the knowledge of man about sins, although does not vanish completely, under the influence of those strong instincts becomes affected and, actually, remains futile. So, when the knowledge of man loses its effect, it will practically be equal to ignorance.

In the next sentence, the Qur'an has pointed to one of other conditions of repentance, where it says:

"... and then repent soon. ..."

"That is, they regret from their actions soon and return to Allah, since a complete repentance is that which, on the whole, wipes out the remaining effects of sins from the spirit and mind of the person. After mentioning the conditions of repentance, the verse concludes as such:"

"... So, these are they toward whom Allah returns (mercifully) and Allah is All-Knowing, All-Wise."

(18) وَلَيْسَتِ التَّوْبَةُ لِلَّذِينَ يَعْمَلُونَ السَّيِّئَاتِ حَتَّى إِذَا حَضَرَ أَحَدَهُمُ الْمَوْتُ قَالَ إِنِّي تُبْتُ الآنَ وَلاَ الَّذِينَ يَمُوتُونَ وَهُمْ كُفَّارٌ أُوْلَـئِكَ أَعْتَدْنَا لَهُمْ عَذَابًا أَلِيمًا

18. " And repentance is not for those who go on doing evil deeds until death comes to one of them, he says: 'Verily now I repent', nor for those who die while they are disbelievers. Those are they for whom We have prepared a painful torment."

Commentary :

Those whose repentance is not accepted is referred to in this verse. It says:

" And repentance is not for those who go on doing evil deeds until death comes to one of them, he says: 'Verily now I repent,'..."

"The second group whose repentance is also not accepted are those who pass away while they are infidels. The verse says about them:"

"... nor for those who die while they are disbelievers. ..."

In fact, the verse indicates that those who have repented from their sins and they had been safe and sound and had a good faith, but at the time of death they were not faithful, their former repentance is futile, too. At the end of the verse, it says about both groups: 

"... Those are they for whom We have prepared a painful torment."

(19) يَا أَيُّهَا الَّذِينَ آمَنُواْ لاَ يَحِلُّ لَكُمْ أَن تَرِثُواْ النِّسَاء كَرْهًا وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ فَإِن كَرِهْتُمُوهُنَّ فَعَسَى أَن تَكْرَهُواْ شَيْئًا وَيَجْعَلَ اللّهُ فِيهِ خَيْرًا كَثِيرًا

19. " O' you who have Faith! It is not lawful for you to inherit the women against their will, and do not straiten them in order that you may take a part of what you have given them, unless they are guilty of manifest lewdness; but deal kindly with them, and if you hate them, it may be that you dislike a thing while Allah has placed abundant good in it".

Occasion of Revelation :

It is narrated from Imam Baqir (a.s.) that the above verse was revealed about the men who used to keep their wives without treating with them as a spouse, waiting for their death in order to possess their properties.

Commentary: 

The verse may hint to the fact that only the wealth is heritable, and the wife of a man after his death does not belong to any one as heritage. After the death of her first husband, a woman can choose another husband with her own decision.

Explanations :

 1. Islam is the defender of the rights of women. 

" O' you who have Faith! It is not lawful for you to inherit the women against their will, ..."

2. Women have the right of possession.

"... to inherit the women...."

3. Conjugal life should be based on mutual love, not on taking possession of wealth.

4. Taking back the dower forcefully is unlawful. 

"... and do not straiten them in order that you may take a part of what you have given them, ..."

"... unless they are guilty of manifest lewdness, ..."

5. Women should be treated well. 

"... but deal kindly with them ..."

6. Many of goodnesses lie among the unpleasant things.

"... and if you hate them, it may be that you dislike a thing while Allah has placed abundant good in it."

(20) وَإِنْ أَرَدتُّمُ اسْتِبْدَالَ زَوْجٍ مَّكَانَ زَوْجٍ وَآتَيْتُمْ إِحْدَاهُنَّ قِنطَارًا فَلاَ تَأْخُذُواْ مِنْهُ شَيْئًا أَتَأْخُذُونَهُ بُهْتَاناً وَإِثْماً مُّبِيناً

20. " And if you intend to take one wife in place of another and you have given one of them a considerable property then do not take anything of it. Would you take it by slandering (her) and with manifest wrong ? "

Commentary: 

At the Age of Ignorance, when some men desired to marry another wife, he would denigrate his first wife so that she had to remit her dower in order that the husband might divorce her. After that, the husband could marry another woman with the same dower that he had taken back. This verse blames the custom of the pagans of that time.

Explanations :

1. Remarriage is admissible from the point of Islam.

" And if you intend to take one wife in place of another. ..."

2. Divorce is in the authority of man. 

3. Islam is the defender of the rights of women, and prohibits it if the second marriage might waste the rights of the first wife. 

"... and you have given one of them considerable property ..."

4. Wives have possession and their whole wealth must be given to them completely.

"... then do not take anything of it. ..."

5. One of the worst sorts of transgression is taking the property of others by justifying, denigrating and defaming them.

"... would you take it by slandering (her) and with manifest wrong ? "

(21) وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَى بَعْضُكُمْ إِلَى بَعْضٍ وَأَخَذْنَ مِنكُم مِّيثَاقًا غَلِيظًا

21. " And how can you take it (back) when one of you has already gone in to the other and they have taken from you a firm covenant ? "

Commentary :

This verse indicates that in the fulfilment of propagations and forbidding wrong, human's affections should be utilized either. (You that, for a long time, have had a whole relationship with your wife and have obtained your wishes, why do you take back her dower unjustly now ? ) Then, at the time of misfortunes of life, former pleasures should be remembered, too.

" And how can you take it (back) when one of you has already gone in to the other? ..."

The marriage contract is a firm covenant; therefore, breach of promise is not proper.

"... and they have taken from you a firm covenant."

(22) وَلاَ تَنكِحُواْ مَا نَكَحَ آبَاؤُكُم مِّنَ النِّسَاء إِلاَّ مَا قَدْ سَلَفَ إِنَّهُ كَانَ فَاحِشَةً وَمَقْتًا وَسَاء سَبِيلاً

22. " And do not marry women whom your father married, except what has already passed; verily it is indecent and hateful and it is an evil way."

Commentary :

One of the customs in the pre-Islamic era of Ignorance was that whenever a person passed away, his offsprings would marry their step mother (their fathers' wife).

It happened that one of the Helpers, called Abu-Qays, passed away and his son suggested to marry his step mother. The woman said that she should ask the matter from the Messenger of Allah (p.b.u.h.). When she went to the Prophet (p.b.u.h.) and told him the matter, this verse was revealed and prohibited the marriage with step mother.

" And do not marry women whom your father married, except what has already passed; verily it is indecent and hateful and it is an evil way."

(23) حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ وَعَمَّاتُكُمْ وَخَالاَتُكُمْ وَبَنَاتُ الأَخِ وَبَنَاتُ الأُخْتِ وَأُمَّهَاتُكُمُ اللاَّتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُم مِّنَ الرَّضَاعَةِ وَأُمَّهَاتُ نِسَآئِكُمْ وَرَبَائِبُكُمُ اللاَّ تِي فِي حُجُورِكُم مِّن نِّسَآئِكُمُ اللاَّتِي دَخَلْتُم بِهِنَّ فَإِن لَّمْ تَكُونُواْ دَخَلْتُم بِهِنَّ فَلاَ جُنَاحَ عَلَيْكُمْ وَحَلاَئِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلاَبِكُمْ وَأَن تَجْمَعُواْ بَيْنَ الأُخْتَيْنِ إَلاَّ مَا قَدْ سَلَفَ إِنَّ اللّهَ كَانَ غَفُورًا رَّحِيمًا