| An-Nisa (The Women): (127) And they ask you for a ruling concerning women...

Contextual Introduction

Know that the manner in which God has ordered this Noble Book is upon the most excellent arrangement.

It is His custom to mention a set of rulings, then follow them with many verses concerning promise, encouragement, and warning. Interspersed among these are verses indicating God's majesty, the loftiness of His status, and the greatness of His divinity. Then, He returns once more to explaining rulings. This is the finest type of arrangement, the one most likely to affect the hearts.

This is because imposing difficult duties is not accepted unless it is accompanied by a promise and a threat. The promise and threat only impact the heart when one is certain of the ultimate perfection of the One from whom they originate. Thus, it is clear that this arrangement is the best arrangement suitable for calling people to the true religion.

Having understood this, we say: In the beginning of this Surah, the Almighty mentioned many types of laws and obligations. He then followed this by explaining the conditions of the disbelievers and the hypocrites, elaborating extensively on that matter. After that, He concluded those verses indicating the greatness of God's majesty and the perfection of His loftiness. Then, He returned to explaining rulings, saying: {And they ask you for a ruling concerning women. Say, "God gives you a ruling concerning them..."}

In this verse, there are several issues:

Issue 1: The Meaning of Istiftā’ (Asking for a Ruling)

Al-Wahidi (may God have mercy on him) said: Istiftā’ (seeking a ruling) is the request for a fatwa. It is said: "I sought a ruling (istaftey-tu) from the man concerning the issue, and he gave me a ruling (aftā-nī)—iftā’, futya, or fatwa." The latter two are nouns used in place of the verbal noun iftā’.

It is also said: "I gave an iftā’ to someone concerning a dream he saw," meaning I interpreted it. God Almighty said: {O Joseph, O truthful one, explain to us the meaning of seven fat cows...} (Yusuf: 46).

The meaning of iftā’ is the clarification of what is obscure. Its root comes from fata (youth), which signifies strength and completion. Thus, the meaning is as if the speaker strengthens what is ambiguous through their explanation, making it strong and youthful (fatiyy).

Issue 2: The Occasion of Revelation (Asbāb al-Nuzūl)

They mentioned two opinions regarding the occasion of this verse's revelation:

1. The Arabs, as we mentioned at the beginning of this Surah, did not bequeath anything from the inheritance to women or young children. This verse was revealed concerning their inheritance rights.
2. The verse was revealed concerning the fulfillment of the mahr (dower) for women. If an orphan girl was under a man's care and was beautiful with wealth, he would marry her and consume her wealth. If she was unattractive, he would prevent her from marrying until she died so he could inherit from her. Then God revealed this verse.

Issue 3: The Ambiguity of the Request

Know that the request for a ruling (istiftā’) does not pertain to the women themselves, but rather to a state or characteristic concerning them. That state is not mentioned in the verse, making it general and not indicative of the specific matter about which the ruling was sought.

Regarding the phrase: {and what is recited to you}

This phrase contains several interpretations:

First Opinion: It is in the nominative case (raf‘) by way of ibtida’ (being the subject). The implied meaning is: "Say, God gives you a ruling concerning them, and what is recited to you in the Book also gives you a ruling concerning them." That which is recited in the Book is His saying: {And if you fear you will not be just toward the orphan girls...} (An-Nisa: 3).

The essence of the matter is that they had asked about many situations concerning women. For those whose ruling was not explicitly stated, it is mentioned that God will give them a ruling. For those whose ruling was made clear in the preceding verses, it is mentioned that those recited verses give them the ruling. Making the Book's indication of this ruling an iftā’ (ruling) from the Book is permissible, just as it is idiomatically said: "The Book of God has clarified this ruling for us," and similarly, "The Book of God has ruled (aftā)."

Second Opinion: The phrase {and what is recited to you} is the subject (mubtada’), and {in the Book} (fi al-Kitāb) is its predicate (khabar), forming an intervening clause. The "Book" here refers to the Preserved Tablet (al-Lawh al-Mahfūz). The purpose is to magnify the status of this verse being recited to them, indicating that justice and equity regarding the rights of orphans are among the greatest matters in God's sight, which must be observed and maintained. Whoever neglects this is unjust and careless regarding what God has magnified. A parallel example concerning the glorification of the Qur'an is His saying: {And indeed, it is in the Mother of the Book with Us, exalted in rank and full of wisdom} (Az-Zukhruf: 4).

Third Opinion: The phrase is in the genitive case (jarr) as an oath, as if saying: "Say, God gives you a ruling concerning them, and I swear by what is recited to you in the Book." The oath is also for the purpose of magnification.

Fourth Opinion: It is coordinated (‘aṭf) with the genitive phrase in {concerning them} (fīhinna). The meaning would be: "Say, God gives you a ruling concerning them and concerning what is recited to you in the Book regarding the orphan women." Al-Zajjaj said this view is very distant based on both wording and meaning.

• Regarding the wording: It requires coordinating an explicit noun (al-muẓhar) with a pronoun (al-muḍmar), which is impermissible, as we explained concerning {you ask one another by it, and [by] the wombs} (An-Nisa: 1).
• Regarding the meaning: This view implies that God has already given a ruling in those matters and will also give a ruling in what is recited from the Book. This is not the intent; rather, the intent is that God gives a ruling concerning the very issues they asked about.

Two questions remain here:

We reply: In the first view, it is the complement (ṣilah) of {is recited} (yutlā), meaning what is recited to you concerning their condition. In the other views, it is a substitute (badal) for {concerning them} (fīhinna).

Answer: The Kufans said: The meaning is "the women who are orphans" (an-nisā’ al-yatāmā). Thus, the adjective is added to the noun, similar to saying Yawm al-Jumu‘ah (Friday) or Ḥaqq al-Yaqīn (Certain Truth).

The Basrans argued that adding an adjective to a noun is impermissible, as one would not say marrartu bi-ṭāli‘at ash-shams (I passed by the rising sun), because the adjective and the qualified noun are one entity, and adding something to itself is impossible. This reasoning is weak because the qualified noun can exist without the adjective, which indicates that the qualified noun is not identical to the adjective.

The Basrans derived a further conclusion from this: The "women" mentioned in the verse are not the orphans themselves. Rather, "women" refers to the mothers of the orphans, who are associated with their orphan children. Evidence for this is that the verse was revealed concerning the story of Umm Kuḥḥah, who had orphans.

Regarding the phrase: {those to whom you do not give what is decreed for them}

Ibn Abbas said this refers to what was ordained for them of inheritance. This aligns with the view that the verse was revealed concerning the inheritance of orphans and minors. According to the view of the others, {what was written for them} refers to the mahr (dower).

Regarding the phrase: {and you desire to marry them}

Abu 'Ubaydah said this phrase can imply both desire and aversion. If interpreted as desire, the meaning is: "And you desire to marry them." If interpreted as aversion, the meaning is: "And you are averse to marrying them" due to their unattractiveness.

The companions of Abu Hanifa (may God have mercy on him) used this verse as proof that it is permissible for someone other than the father or grandfather to marry off a young girl. However, they have no proof here, because it is possible the meaning is: "And you desire to marry them when they reach maturity."

The proof for our position is the incident where Qudāmah ibn Maẓ‘ūn married off the daughter of his brother, ‘Uthmān ibn Maẓ‘ūn, to ‘Abdullāh ibn ‘Umar. Al-Mughīrah ibn Shu‘bah proposed marriage to her and tempted her mother with wealth. They came to the Messenger of God (peace and blessings be upon him). Qudāmah said, "I am her uncle and the guardian appointed by her father." The Prophet (PBUH) said, "She is young, and she cannot be married except with her consent." He separated her from Ibn ‘Umar. Furthermore, the verse only mentions the desire of the guardians to marry the orphan girl; this does not indicate permissibility.

Regarding the phrase: {and the oppressed among the young boys}

This phrase is in the genitive case, coordinated with "orphan women." In the pre-Islamic era (Jāhiliyyah), they did not bequeath to children or women; they only bequeathed to men who had reached the age to manage important affairs, excluding children and women.

Regarding the phrase: {and that you stand up for the orphans with justice}

This is also in the genitive case, coordinated with "the oppressed." The implied structure of the verse is: "What is recited to you in the Book gives you a ruling concerning the orphan women, and concerning the oppressed, and concerning that you stand up for the orphans with justice."

{And whatever good you do, indeed, God is knowing of it.} He will reward you for it, and nothing you do will be lost with God.

7 < { And if a woman fears from her husband nushūz or aversion, then there is no blame upon them if they reconcile between them by agreement. And reconciliation is better. And the souls are inclined to stinginess. But if you do good and fear God - indeed, God is ever, with what you do, Acquainted.} > 7

(Note: Nushūz generally means rebellion, defiance, or ill-conduct, often interpreted here as the wife fearing the husband's ill-conduct or turning away from her.)