TRANSLATION
Forbidden for a man to marry—(1) his mothers, (2) his daughters, (3) his sisters, (4) his maternal and paternal aunts, (5) his brother’s daughters, (6) his sister’s daughters, (7) his foster mothers, (8) his foster sisters, (9) mothers of his wives, (10) stepdaughters he is in charge of from wives with whom he consummated marriage, (11) wives of his own sons, and (12) two sisters at the same time except what has already occurred. God is Ever Forgiving and Merciful.
Also forbidden are all married women, except those who are under your control. [According to classical commentators, this denotes prisoners of war or women in slavery—a situation no longer relevant nor should it be allowed to exist]. These are God’s injunctions on you regarding marriage.242 Lawful for you to marry are all other women besides these and that you seek them with your person and property, taking into proper marriage and not as mistresses, and giving them dowry [mahr] that is due and appropriate. After such arrangement of dowry [mahr], it will not be held against you if you both mutually agree to anything else. Be conscious that God is all-Knowing and Wise.
If you are financially or otherwise unable to marry a free woman of faith, you may seek to marry a believing woman who is otherwise bound [due to slavery or as prisoner of war—a situation no longer relevant]. God knows about your faith and the fact that each one of you is related to the other [whether free or bonded]. Then marry such bonded women of faith with permission from their masters, giving them proper dowry [mahr] in marriage, and do not keep them as a mistress or as a secret sexual partner. If after marriage, such a woman is found guilty of immoral conduct, then she should be subjected to half the punishment of a free believing woman. This arrangement is for him who might otherwise fall victim to his own evil inclination. But patience [and abstinence] is better for you, and you will find God much Forgiving and Merciful!
God wants to explain things, especially those of the past, to guide you properly, and He turns to you in His Mercy. God is Ever Aware and Wise. God desires to show you mercy, whereas those who follow their lusts and passions want you to deviate from the right path. God wants to lighten your burden, since the human being is created weak.243
INTERPRETATION
242. In the absence of total lack of any societal and moral guidance as far as who can marry whom, the true understanding of the husband-wife relationship, their mutual obligations, and the prevalence of frequent violations of women’s rights and freedoms under such arbitrary standards of marriage and social order, the Prophet of Islam brought unprecedented clarity—moral, spiritual, and physical—and provided depth, details, and rationale for marriage standards in society, mutual obligations of the husband, wife, and extended family, and took into account prevailing social norms so that there are sound bases for decision making for this time and for the generations of believers to come. These codifications for marriage have largely defined the standard by which most countries of the world today define such an important and critical institution in human society, irrespective of specific religions they might subscribe to.
243. The Qur’an is an exposition of all things that concern human beings and especially things that had happened in the past and what we carry from our previous generations into our present activities, values, norms, guidelines, and pursuits. God also recognizes our weakness in terms of being prone to moral laxity, greed, pride, wealth, power, and our lack of adequate and consistent resolve to act justly to others, especially those who are weaker in our eyes, such as women. Therefore, we need to restrain our lusts, passions, and greed and channel our energies, motivations, and inspiration to God, to do justice and to bring about peace and harmony among all of us.
There is also a reminder here that all that is of the past is not always right or just, regardless of faith or culture, as many people have come to accept without questioning. The fact that prophets came after prophets and divine scriptures such as the Torah, the Bible, and the Qur’an came in succession implies the need for constantly revisiting our moral, ethical, social, political, and financial norms to ensure consistent and persistent application of justice and adherence to innate truth about our existence and our purpose.
REFLECTION
As we continue to read these verses related to women’s rights and their place in society, one should ponder the depth and breadth of such discussions and the resultant guidance that Islam brought into our society. This is an ongoing discussion and the responsibility of every generation—a responsibility, I feel, that has been neglected for quite some time without due deliberation and analysis on classical Muslim scholarship—and no better understanding has been arrived at or put into practice by contemporary Muslim societies.
ACTION
Women’s rights and the rights of other disadvantaged are cornerstones of Islamic values, foundations, and principles. We would do well if we pay attention to such issues in our own societies and around the world through public discourse, scholarly analysis, and well-thought-out guidance and principles rather than blindly and lazily following previous generations.