Tafsir of An-Nur 24:32

Surah An-Nur (The Light): Verse 32

{وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ...}

Know that after Allah commanded the lowering of the gaze and the guarding of the private parts, He clarified that what was commanded pertains to what is unlawful. Then, He explained the path to what is lawful by saying: {And marry off the unmarried among you...}

Herein lie several issues:

The author of Al-Kashshāf stated that the original forms of al-ayāmā (unmarried men/women) and al-aytāmā (orphans) were ayāyim and yatāyim, which were then transposed.

An-Nuḍr ibn Shumayl said that in Arabic usage, an ayyim is every male who has no female with him, and every female who has no male with her. This is also the view of Ibn Abbas (may Allah be pleased with him), as narrated by Al-Ḍaḥḥāk. One would say: "Marry your ayāmā to one another." A poet said:

The statement {And marry off the unmarried among you} is an imperative command, and the apparent meaning of a command is obligation, as we have explained repeatedly. This implies that the guardian (wali) is obligated to marry off the woman under his guardianship.

If this obligation is established, then marriage is not valid except with a guardian. This is either because whoever obligated this upon the guardian has ruled that it is invalid if the woman does herself, or because if the woman were to do it herself, she would prevent the guardian from fulfilling this duty, which is impermissible. Or, it is because this verse corresponds to the Hadith: "If someone comes to you whose religion and character you accept, then marry him to her. If you do not do so, there will be great tribulation and corruption on earth."

Abū Bakr al-Rāzī said: Although this verse, by its apparent meaning, implies obligation, the consensus (ijmāʿ) of the Salaf (early generations) is that obligation was not intended by it. This is indicated by several points:

1. If it were obligatory, reports of the Prophet's (PBUH) practice and that of the Salaf would have been widespread and common due to the general need for it. Since we find that during the Prophet's (PBUH) era and afterward, there were unmarried men and women, and no one criticized their not being married, it is established that obligation was not intended.
2. We have a consensus that if a previously married woman (thayyib) who is ayyim refuses marriage, the guardian has no right to compel her.
3. There is a consensus that one is not compelled to marry off one's slave (ʿabd) or female slave (amah), and they are mentioned alongside the ayāmā. This indicates that it is not obligatory for all, but rather recommended (nadb) for all.
4. The term al-ayāmā includes both men and women. For men, it refers to those who are guardians (i.e., they manage their own affairs), not others. The same applies to women.

The Response: All the points mentioned are specific exceptions (taḵṣīṣāt) that have affected the general ruling of the verse. A general ruling remains authoritative after specific exceptions have been made. Therefore, it must remain authoritative in the case where the woman requests the guardian to marry her off—in that case, it is obligatory. This reconciles the discussion.

Al-Shāfiʿī (may Allah have mercy on him) said that the verse implies the permissibility of marrying off a mature virgin without her consent. This is because the verse and the Hadith indicate an order to the guardian to marry her off. If there were no clear indication that a mature thayyib cannot be married without her consent, then marrying her off without consent would also be permissible due to the generality of the verse.

Abū Bakr al-Rāzī said: The statement {And marry off the unmarried among you} is not restricted to women over men, as we explained. Since the term encompasses both men and women, and in the case of men, marriage is implied with their permission, the same implication must apply to women. Furthermore, the Prophet (PBUH) commanded seeking the consent of the virgin when he said: "The virgin is to be consulted about herself, and her silence is her consent." Although this is phrased as a report, it is an imperative command, establishing that she cannot be married without her permission.

The Response: Regarding the first point, this is a specific exception to the text, which does not invalidate its authority as evidence. The difference is that the unmarried man manages his own affairs, so the guardian is not obligated to oversee his marriage. In contrast, the woman's need for someone to manage her marriage affairs is more apparent. Furthermore, although the term al-ayāmā includes men and women, when used absolutely, it only refers to women; it only refers to men when qualified. Regarding the second point, there is a famous scholarly debate concerning restricting the verse by a solitary narration (khabar wāḥid).

Abū Ḥanīfah (may Allah have mercy on him) said that the paternal uncle (ʿamm) and the brother (akh) succeed the father in marrying off a young daughter. The basis for this is the same reasoning derived from the verse, as previously mentioned.

Al-Shāfiʿī (may Allah have mercy on him) stated that people regarding marriage fall into two categories:

1. Those whose desire for marriage is strong: It is recommended for them to marry if they have the means, whether they are devoted to worship or not, but it is not obligatory. If they lack the means, they should fast to break their desire, based on the narration of Abdullah ibn Masʿūd: The Messenger of Allah (PBUH) said: "O company of youth, whoever among you can afford marriage, let him marry, for it lowers the gaze and guards the private parts. Whoever cannot afford it, let him fast, for fasting is a shield (wijāʾ) for him."
2. Those whose desire for marriage is not strong: If this is due to an impediment like old age, illness, or inability, it is disliked (yukrah) for them to marry because they undertake a commitment they cannot fulfill. Likewise, if they cannot afford the maintenance (nafaqah). If they have no impediment and are capable of fulfilling their duties, marriage is not disliked, but it is better for them to dedicate themselves to the worship of Allah.

Abū Ḥanīfah (may Allah have mercy on him) said that marriage is superior to dedicating oneself to worship.

Al-Shāfiʿī’s Arguments:

1. The example of Prophet Yahya (John): Allah praised Yahya (PBUH) by saying: {...and chaste, and a prophet from the righteous} (Al Imran: 39). Ḥaṣūr means one who abstains from women despite being capable, not one who abstains due to inability, as praising someone for a defect is impermissible. Since this is praise for Yahya, it must be legislated for us, based on {Those are the ones whom Allah has guided; so in their guidance follow} (Al An'am: 90). This guidance cannot be limited to fundamental principles (uṣūl) where imitation is impermissible, so it must apply to the branches (furūʿ).
2. The Prophet’s (PBUH) saying: "Be upright, and you will never achieve perfection, and know that the best of your deeds is the Prayer." He also relies on the narration that the best deeds of his Ummah are reciting the Qur'an.
3. Marriage is permissible, based on the Hadith: "The most beloved permissible things to Allah is marriage." However, "most beloved" should be interpreted as "most suitable in this world" to avoid contradiction with it being merely permissible. A permissible act has equal reward/punishment for both sides, whereas a recommended act favors existence over non-existence, making worship superior.
4. Marriage is not an act of worship, evidenced by the fact that a disbeliever can validly enter into marriage, whereas worship is invalid for him. Therefore, worship must be superior, based on {And I did not create the jinn and mankind except to worship Me} (Adh-Dhariyat: 56). Engaging in the primary purpose (worship) is preferable.
5. Allah equated sexual intercourse through marriage with that through concubinage ({...or what your right hands possess} [An-Nisa: 3]), using the particle aw (or) indicating choice between two equal things, like a doctor telling a patient to eat pomegranate or apple. If equality is established, and concubinage is considered less desirable (as it is inferior to worship), then marriage, being equal to it, must also be less desirable.
6. Voluntary acts of worship (nawāfil) are more arduous, thus carrying greater reward. The inclination of nature is more towards marriage. If the Lawgiver did not encourage marriage, no one would incline toward voluntary acts. Since voluntary acts are more arduous, they must carry greater reward, based on the Hadith: "The most excellent acts of worship are the most difficult," and "Your reward is according to your effort" (to Aisha).
7. If marriage carried the same reward as voluntary acts despite being easier, then voluntary acts would not have been legislated. If there are two paths to achieve a goal, one arduous and one easy, the wise avoid the arduous path when the easy one is available. Since voluntary acts are legislated, we know they are superior.
8. If engaging in marriage were superior to voluntary acts, then engaging in farming and agriculture would be superior to voluntary acts by analogy, as both marriage and agriculture are means for the world's continuation and order.
9. We agree that obligatory acts of worship take precedence over obligatory marriage obligations. Therefore, recommended acts of worship take precedence over recommended marriage actions, as the underlying reason is the same.
10. Marriage involves pursuing sensory pleasures that draw one toward the world, whereas voluntary worship involves severing bodily attachments and turning toward Allah. How can one compare the two? This is why the Prophet (PBUH) said: "Three things from your world have been made dear to me: women, perfume, and the coolness of my eyes has been placed in the Prayer," thus preferring prayer over marriage.

Abū Ḥanīfah’s Arguments:

1. Marriage involves safeguarding the self from fornication, which is the prevention of harm to the self. Bringing benefit (worship) and preventing harm (fornication) means preventing harm takes precedence.
2. Marriage involves justice (ʿadl), and justice is superior to worship, based on the Hadith: "An hour of justice is better than sixty years of worship."
3. Marriage is a confirmed Sunnah, based on the Hadith: "Whoever turns away from my Sunnah is not of me." Regarding prayer, he said it is the best thing established: "So whoever wills may perform much of it, and whoever wills may perform little of it." Therefore, marriage must be superior.

The statement {And marry off the unmarried among you}, although seemingly encompassing all unmarried people, requires conditions, which we have explained in the commentary on {...except for those whom your right hands possess} (An-Nisa: 3).

Regarding {among you}: Many commentators interpreted this to mean free people (aḥrār) to distinguish them from slaves. Others said it refers to those under the command of the person being addressed (like a son or relative). Some said the addition implies freedom and Islam.

This verse involves several issues:

Issue 1: Ruling on Marrying Slaves

It is apparent that this is also a command to masters to marry off these two groups if they are righteous. There is no difference in the ruling of obligation between this command and the command to marry off the ayāmā. However, they agreed that this is merely permission or encouragement (targhīb), not obligation. The distinction made is that marrying off a male slave involves undertaking financial burdens (mu'anah) and suspending service, which is not obligatory upon the master. Marrying off a female slave involves gaining the dowry (mahr) and the cessation of maintenance obligations, which is not mandatory for the master.

Issue 2: Why Righteousness (Ṣāliḥūn) Was Specified

1. To safeguard their religion and preserve their righteousness.
2. Because righteous slaves are those whom their masters treat with compassion, regarding them as children in affection. Thus, they are more likely to have their affairs recommended and to have the recommendation accepted. The corrupt ones are treated the opposite way by their masters.
3. It might mean righteousness concerning marriage, so the slave can fulfill his obligations to his wife, and the female slave can fulfill her obligations to her husband.
4. It might mean righteousness within the marriage itself, meaning they are not too young to require marriage.

Issue 3: The Slave's Agency in Marriage

The apparent meaning of the verse indicates that a slave does not marry himself; only the master can arrange his marriage. However, evidence proves that if the master commands him to marry, he may arrange his own marriage. His arrangement, with permission, is like the master arranging it himself. As for female slaves, there is no doubt that the master arranges their marriage, especially according to the view that marriage requires a guardian.

This involves two issues:

Issue 1: The Promise of Enrichment

The soundest view is that this is not a promise from Allah to enrich everyone who marries. Rather, the meaning is: Do not look at the poverty of the one proposing marriage or the one you wish to marry; in Allah's bounty is sufficiency for them. Wealth comes and goes, and poverty is not a barrier to desiring marriage. This is a sound meaning, and it does not mean the statement intended a promise of wealth such that it could be broken.

Narrations from early Companions indicate they viewed it as a promise: Abū Bakr said: "Obey Allah in what He commanded you regarding marriage, and He will fulfill what He promised you of wealth." Similar reports exist from Umar and Ibn Abbas. Ibn Abbas said: "Seek provision through marriage." A man complained of need to the Messenger of Allah (PBUH), who said: "Adhere to sexual intercourse (al-bā'ah)." Ṭalḥah ibn Muṣarrif said: "Marry, for it expands your provision, expands your character, and increases your chivalry."

If it is argued: We see wealthy people who marry and then become poor.

The Response (in several ways):

1. This promise is conditional upon the Divine Will, like {And if you fear destitution, Allah will enrich you out of His bounty, if He wills. Indeed, Allah is Knowing and Wise} (At-Tawbah: 28). An absolute statement is interpreted by a qualified one.
2. Although the wording is general, it might be specific to some mentioned parties and not others—specifically, the free ayāmā who possess wealth and become enriched by what they own.
3. It might mean enrichment through chastity (ʿiffah), meaning wealth is attained by possessing the private parts and thereby being saved from falling into fornication.

Issue 2: The Status of Slaves Owning Property

Some people used this verse to argue that slaves and female slaves can own property, as this verse refers back to everyone mentioned previously. Thus, the verse implies that a slave can be poor or rich. If this implies ownership, then they own property. However, commentators interpreted it specifically for free people, suggesting it refers only to the ayāmā. If we interpret enrichment as chastity, then using this verse to prove ownership fails.

Regarding {And Allah is All-Encompassing, All-Knowing}: This means that in His bestowal, Allah has no limit where His ability to bestow ends, as He is capable of infinite created things. Moreover, He is All-Knowing regarding the measure of what is suitable for them in bounty and provision.

This verse addresses several matters:

1. Seeking Chastity: Those who cannot afford marriage should seek chastity until Allah enriches them from His bounty.
2. Contracts for Slaves (Mukātabah): Those among your slaves who seek a contract (mukātabah)—meaning they seek to purchase their freedom—if you know there is good in them (i.e., they are trustworthy and capable), then seek a contract from them.
3. Financial Assistance: Give them from the wealth Allah has granted you.
4. Prohibition of Compulsion: Do not force your female slaves into prostitution to seek worldly gain.
5. Forgiveness for Compulsion: Whoever compels them, know that Allah, after their compulsion, is Forgiving and Merciful (to the female slave, or perhaps to the master who repents).