Verse:27 Commentary Commentary

The fifth injunction regarding mutual meetings and asking permission before entering anyone's home

Right from the beginning of Surah An-Nur it is enjoined to curb the obscenity and immorality in the society, and to restrain this, various punishments are prescribed. Then labeling of false accusation on someone is condemned. After that such injunctions are enjoined which can check these obscenities and safeguard the chastity and continence, and also create an atmosphere to eliminate the conditions of their development. The issues and instructions regarding seeking permission before entering anyone's house (Isti'dhan) also fall within these injunctions. Hence, entering in anyone's house or to peep in without the permission of the owner has been prohibited. The wisdom in this instruction is that one should not cast an eye on women who are not one's mahram (with whom marriage is prohibited). In the above verses various instructions are given against various types of houses.

There are four categories of houses. One, in which one lives, where there is no possibility of the presence of some stranger. Two, where someone else is also residing, irrespective of being mahram or not, and where there is a possibility of someone's entry. Three, where there are both possibilities that someone is living or the house is empty. Four, a house which is not specified for anyone's living, such as, a mosque, school, monastery, shrine etc., where all people go in. Out of these four categories it is obvious that there is no need of asking permission to go in the houses of the first kind. Hence, the first category is not mentioned specifically in these verses, but for the other three categories injunctions are spelled out.

An important aspect of Qur' anic social ethic is that if you go to meet someone, first ask the permission and do not enter in anyone's house without permission.

It is a pity that the amount of importance Islam has attached to ethics of visiting someone by providing detailed instructions about them in the Qur'an, and which were strongly emphasized by the Holy Prophet صلى الله عليه وسلم ، both by practice and oral teachings, the present day Muslims neglect them by the same margin. Even the pious and educated people do not regard this a sin, nor do they make an effort to act on them. The other civilized nations of the world have adopted them to improve their society, but the Muslims have lagged behind them all. This was the very first Islamic injunction which was overlooked by the Muslims to begin with. It is worth noting that seeking permission (Isti'dhan) is that injunction of the Holy Qur'an in which even the slightest laxity or alteration is termed by Sayyidna Ibn ` Abbas ؓ as the rejection of the Qur'an itself. As a matter of fact now people overlook these injunctions so much as if they are not part of the Holy Qur'an. إِنَّا لِلَّـهِ وَإِنَّا إِلَيْهِ رَ‌اجِعُونَ

Wisdom of seeking permission (Isti'dhan)

Allah Ta' ala has provided every person a place where he lives, whether he owns it or has acquired it on rent. Such a place is his home, and the real purpose of a home is to provide comfort and tranquility. When the Holy Qur'an has referred to one's home as a great blessing of Allah, it has an indication towards this basic objective of a home. The Qur'an says, جَعَلَ لَكُم مِّن بُيُوتِكُمْ سَكَنًا (16:80) It means that Allah has given you peace and comfort through your homes. One can enjoy peace and comfort in his home only when he can live there without the interference of anyone else, and can rest and work at will. Any interference in his freedom is tantamount to killing the very purpose of the home, which is naturally very damaging. Islam has prohibited harming anyone without any cause. A great wisdom in the injunction of seeking permission is to save people from interference of others and its consequent ill effects, which is obligatory on all peace loving people.

The other consideration in the injunction is for the visitor himself, in that if he would go in to meet someone after taking permission, then the host will also reciprocate his gesture by giving him due importance and respect. If his visit is with purpose then the host will be sympathetic and try to meet his need. On the other hand, if he would go in to call on someone without taking his permission, like an uncouth, then naturally he would not be so welcome, and the host would like to get rid of him as quickly as possible. Even if the host had any sympathy toward him, it would be reduced, and the sin for causing trouble to a Muslim would be additional.

The third consideration is the elimination of obscenity and immorality. If one enters someone's home without taking prior permission, the possibility is that he might see the ladies of the house, which may lead to temptations. It is for this reason that the injunctions on seeking permission are placed next to punishment of adultery and punishment of false accusation etc.

The fourth consideration is that sometimes one is busy in the solitude of his home doing something which he does not want others to see. If someone comes into his house unannounced, then that act will be known to others, which he wanted to conceal. Any attempt to disclose the secrets of others is also a sin and a source of vexation. Some issues concerning seeking permission have been described in the above verses themselves, so they should be considered first. Other related issues will be dealt with later.

Ruling

In these verses the address is with the phrase يَا أَيُّهَا الَّذِينَ آمَنُوا (0 those who believe) which is used for men, (because the relative pronoun in the text الَّذِينَ is originally of masculine gender) but women are also included in the injunction, like other Qur'anic injunctions, which are normally addressed to men but women are included in them, except in some cases where it is expressly mentioned that they are exclusive for men. Therefore, wives of the Sahabah included themselves in the address of the present verse and acted accordingly. Whenever they would visit any one's house, they used to seek permission. Sayyidah Umm Iyas ؓ has said ` We were four women who used to visit frequently Sayyidah ` A'ishah ؓ together, and used to seek permission before going in the house, and would enter only after she had permitted'. (Ibn Kathir on the authority of Ibn Abi Hatim)

Ruling

It is clear from the universality of this verse that on a visit to anyone's house the injunction of seeking permission is common to all, whether men or women, Mahram or non-Mahram. Either a woman goes to visit another woman, or a man goes to visit another man, it is obligatory on all to seek permission. Similarly, if a man visits his mother, sisters or any other Mahram woman, he should seek permission. Imam Malik (رح) has narrated in Muwatta' quoting ` Ata Ibn Yasar رحمۃ اللہ علیہم that someone enquired from the Holy Prophet صلى الله عليه وسلم whether he should seek permission before going to his mother. He said ` Yes, do seek permission'. Then that fellow said '0 Messenger of Allah, I live with my mother in the same house'. He said even then you should not enter the house without taking permission. He asked again "0 Messenger of Allah صلى الله عليه وسلم ! ` I am always at her service'. He صلى الله عليه وسلم replied, ` You should still ask her permission. Would you like that you see your mother naked? He said ` No, no'. Then the Holy Prophet صلى الله عليه وسلم said ` It is for this reason that you should seek permission, because there is a possibility that she might have uncovered some of her coverable parts in the house for some need'. (Mazhari)

One learns from this Hadith that the word "other than your own houses" in the phrase غَيْرَ‌ بُيُوتِكُمْ (24:27) as it appears in the Qur' an, refers to those houses where one lives alone and no one else, like parents, brothers or sisters reside with him. (It is only in this case that seeking permission is not necessary).

Ruling

If someone is living alone in the house with his wife, even then it is preferable and a sunnah to make some sort of sound, such as hem or thump, before entering, in order to make known his incoming, although seeking permission is not obligatory in this case. Sayyidna ` Abdullah Ibn Mas` ud's wife ؓ has reported that whenever ` Abdullah ؓ would come in the house, he would always make a hemming sound at the door to announce his arrival before entering, so that he should not see us in a condition that he would like to avoid. (Ibn Kathir quoting Ibn Jarir with an authentic chain). In another situation Ibn Juraij inquired from ` Ata (رح) whether it is obligatory to seek permission before going in one's own house to his wife, and he said ` no'. Ibn Kathir after quoting this version has explained that what it means is that it is not obligatory but preferable.

The Traditional way of seeking permission

The procedure for seeking permission, as explained in the verse is حَتَّىٰ تَسْتَأْنِسُوا وَتُسَلِّمُوا عَلَىٰ أَهْلِهَا (24:27) that is do not enter into any one's house until carrying out two things. First, Isti'nas - its literal meaning is to seek

acquaintance. Majority of commentators have taken this word for isti'dhan, that is to take permission. By the use of word Isti'nas instead of isti'dhan there is a hint that in taking permission before entering, the host gets acquainted with the visitor through his voice and the element of surprise is removed. The second requirement is greeting the inmates of the house with salam. Some commentators have elaborated it as; one should first seek permission and on entering the house should greet the inmates. Qurtubi has also adopted this explanation that one should first seek permission, and when it is granted, only then go in and greet the hosts. Sayyidna Abu Ayyub Ansari's ؓ Hadith also corresponds well with this explanation, to which Mawardi has added further that if the visitor happens to see an inmate of the house before seeking permission, then he should first greet him, and then seek permission to go in, otherwise one should first seek permission and then greet on entering. But the procedure that seems to be masnun through narrations of Hadith, is that one should first greet from outside with Assalamu Alaikum ( السلام علیکم) and then by announcing big name should seek permission to go in.

Imam Bukhari (رح) in his al-Adab ul-Mufrad has quoted on the authority of Sayyidna Abu Huraira ؓ that if someone seeks permission before greeting, the host need not reply (because he has deviated from the practice adopted by the Holy Prophet صلى الله عليه وسلم) (Ruh al-Ma ani) Abu Dawud has narrated in his Hadith that someone from Bani ` Amir sought permission from the Holy Prophet صلى الله عليه وسلم ، saying أألِجُ (that is, can I thrust in?). On hearing that the Holy Prophet صلى الله عليه وسلم said to his servant, "this man does not know how to seek permission. Go to him and explain to him that the permission should be sought by saying السلام علیکم أأدخل (that is, Assalamu` Alaikum, can I come in?). Before the servant could go out that fellow himself said 'Assalamu Alaikum السلام علیکم أأدخل as he had heard the instruction of the Holy Prophet صلى الله عليه وسلم . Then he permitted him to come in. (Ibn Kathir)

Baihaqi has narrated in Shu` ab-ul-'Iman on the authority of Sayyidna Jabir (رح) that the Holy Prophet صلى الله عليه وسلم once said لا تأذنوا لمن لم یبدأ بالسلام ، that is ` Do not let in the one who does not greet before seeking permission'. (Mazhari). In this case the Holy Prophet صلى الله عليه وسلم has made two corrections. One, that one should greet first. Two, that he had used the word اَدخُلُ instead of اَلِجُ , which was not proper, because the word is derived from wuluj (وُلُوج) which means, to make an entry with force into a narrow space. This expression is against all ethics. In any case, one learns from these narrations that the instruction of greetings given in the Qur'anic verses relate to the greeting for seeking permission, which is offered from outside the house for inviting the attention of the inmates. On entering the house, the greetings should be repeated in the usual manner.

Ruling

The procedure of greeting first and then seeking permission for entry, as has been established by various Ahadith, can best be followed if the visitor himself announces his name for seeking permission. This was exactly the practice of Sayyidna ` Umar ؓ . He used to announce at the door of the Holy Prophet صلى الله عليه وسلم السّلام علی رسول اللہ، السلام علیکم أیدخل عمر ؟ that is, after the greetings whether Umar ؓ can come in. (Ibn Kathir etc.) Sahih of Muslim has narrated that Sayyidna Abu Musa al-Ash` ari ؓ went to see Sayyidna ` Umar ؓ and sought permission to get in by saying ھٰذا ابو موسٰی، السلام علیکم ھٰذا الاشعری (Qurtubi). First he gave his name as Abu Musa and then for further clarification added Ash'ari. This is to help the host recognize the caller immediately and respond quickly, for without recognizing the visitor the host may hesitate to give permission for getting in.

Ruling

Some people adopt the worst possible practice in this regard that they ask permission from outside to come in without disclosing their identity. And when the host inquires as to who was there, they would answer ` It is me'. This is not the right answer to the host. If he has not recognized the voice on the first call, how can he recognize with the answer - ` it is me'.

Al-Khatib a1-Baghdadi has reported in his Jami` quoting ` Ali Ibn 'Asim al-Wasiti that when he went to Basrah he went to see Sayyidna Mughira Ibn Shu'bah ؓ ، and knocked at his door. Sayyidna Mughirah ؓ inquired from inside as to who was there. He answered Ana (انا) that is It is me'. So, Sayyidna Mughirah ؓ said ` I do not have anyone among my friends by the name Ana' (انا). Then he went out and related the Hadith to him that one day Sayyidna Jabir Ibn ` Abdullah ؓ went to see the Holy Prophet صلى الله عليه وسلم and knocked at his door. The Holy Prophet صلى الله عليه وسلم inquired from inside as to who was there, and Jabir said Ana (انا) that is It is me'. Then the Holy Prophet صلى الله عليه وسلم repeated the words ` Ana Ana' (انا انا) to explain that there is no point in saying Ana, Ana, as no one can be recognized by this word.

Ruling

There is yet another very wrong practice which is commonly observed these days even by the educated people, and that is they would knock at the door and when the inmates would enquire from inside as to who was there, they do not reply at all and remain silent. This is the worst practice to tease the host, as he remains in suspense about the identity of the visitor, and the very spirit of seeking permission is defeated.

Ruling

This has also been established by these narrations that it is also a correct procedure of seeking permission to knock at the door, provided one tells his name at the same time.

Ruling

If one knocks at the door, it should not be so strong that the inmates get upset, rather it should be mild with the sole purpose of letting the inmates know that someone is at the door. Those who used to knock at the door of the Holy Prophet صلى الله عليه وسلم ، they used to knock with their nails in a manner that the sound should not be loud enough to disturb him. (As narrated by Al-Khatib in his Jami` - Qurtubi) If one understands the spirit behind isti'dhan that it is meant to seek permission with familiarization (isti'nas) of the caller, then automatically he would take care of all those things which could possibly trouble the host. at is required is to knock gently and announce the name for familiarization.

Important Warning

These days people do not pay any attention toward seeking permission, which is a clear sin for forsaking an obligation. But on the other hand there are some problems in our time for those who do want to take permission in the prescribed manner, that is first offer greetings from outside and then seek permission by announcing their name. One problem is that the host to whom they want their voice to reach is not available close to the door, hence it is difficult to convey to him the sound of greetings and the name of the caller. Therefore, the important thing to note is that the spirit of the injunction is not to enter anyone's house without permission. There may be different forms of seeking permission in different places in different times. One such form is to knock at the door, which is established by the record of Hadith. In the present time people fix up bells at their doors. It is sufficient for carrying out the obligation of seeking permission to press the button of the bell, provided the caller also announces his name after that in an audible voice for the host. Apart from this, it is also in order to adopt any other method of seeking permission in vogue at any place. The present day system of sending in visiting cards to disclose the identity of the caller is a good practice in that not only the name of the caller but also his address is made known to the host without any effort on his part, which fulfils the spirit behind isti'dhan. Therefore, there is no harm in adopting this system. Verse:28 Commentary Ruling

If a person asks permission from someone and he replies in the negative that he cannot meet at that time, then the caller should go back and not feel offended. He should realize that every one's needs and circumstances are different, and at times it is beyond the control of persons to call in the visitor or to go out and meet him. Hence, his refusal to meet should be accepted with good grace. In the present verse the same thing is emphasized وَإِن قِيلَ لَكُمُ ارْ‌جِعُوا فَارْ‌جِعُوا هُوَ أَزْكَىٰ لَكُمْ that is, ` If it is said to you, "Go back" just go back, it is more decent for you - 24:28. Some people of the past ages are reported to have said ` I waited all my life wishing that I visit someone and seek permission to go in the house, and the host turns down my request asking me to go back so that I could be rewarded the grace of this Qur' anic injunction by following it. But, alas, I could never get that blessing'.

Ruling

The Islamic jurisprudence has established a two-sided system of teaching the mannerism of social graces and of saving all from the troubles and inconvenience. The way visitors are advised in this verse that if their request for permission to go in is turned down, they should not feel offended, similarly, the other side of the coin is taught in a Hadith. The Holy Prophet صلى الله عليه وسلم has said انّ لزورک علیک حقّا . (Surely your visitors have some rights to be observed by you). It means that one who comes to meet you he too has his right on you. His right is that you should call him in, pay him respect and listen to him. Do not refuse to meet him without any serious excuse or a genuine reason.'

Ruling

If one goes to meet someone and seeks permission to go in, but does not get an answer, then according to practice of the Holy Prophet صلى الله عليه وسلم ، he should knock a second time, and still if there is no answer then he should knock a third time. If he does not get an answer the third time, then the injunction is, that he should go back. After knocking three times it becomes obvious that the inmate must have heard the knock, but presumably he is in a condition that he cannot answer, for instance, praying or in the toilet or taking shower. Alternatively, he does not want to meet at that time. In both the situations it is not advisable to keep on staying there or keep on knocking, as it will upset the host, which must be avoided. The real purpose of isti'dhan is to avoid any inconvenience to the host.

Sayyidna Abu Musa Ash` ari ؓ has narrated that once the Holy Prophet صلى الله عليه وسلم said that اذا استأذن احدکم ثلاثاً فلم یؤذن لہ فلیرجع that is, ` when someone seeks permission three times and does not get reply, he should go back' (Ibn Kathir quoting Sahih of Bukhari). And Masnad Ahmad has reported on authority of Sayyidna Anas ؓ that once the Holy Prophet صلى الله عليه وسلم had gone to meet Sayyidna Sa'd Ibn ` Ubadah ؓ ، and said Assalamu ` Alaikum (السلام علیکم ) from outside to seek permission (Isti'dhan) to go in, according to his practice. Sayyidna Sa'd ؓ did reply the greeting but in a soft tone, so that the Holy Prophet صلى الله عليه وسلم does not hear. He repeated the greeting a second time and then a third time. On each occasion Sayyidna Sa'd ؓ listened the greeting and replied in a soft tone. After that the Holy Prophet صلى الله عليه وسلم went back. When Sayyidna Sa'd ؓ realized that, he ran after him and explained that he heard his voice every time and also replied but in a soft tone, so that the greeting words are spoken for him repeatedly by the blessed tongue, as they will bring good fortune to him. (the Holy Prophet صلى الله عليه وسلم explained to him the way of sunnah that when there is no response from inside, the visitor should go back) After that Sayyidna Sa'd رضی اللہ تعالیٰ عنہ took the Holy Prophet صلى الله عليه وسلم along with him to his house where he treated him with some refreshments, which the Holy Prophet صلى الله عليه وسلم accepted graciously.

This action of Sayyidna Sa'd ؓ was the result of overwhelming love and affection for the Holy Prophet صلى الله عليه وسلم ، and at that moment he did not realize that the most exalted Messenger was waiting at his door and he should immediately go out and receive him with due respect. Instead, his mind was induced toward the thought that it would be of benefit to him if the blessed tongue would utter Assalamu ` Alaikum repeatedly. In any case this incident has established the issue that if there is no answer after seeking permission thrice, then according to practice of the Prophet صلى الله عليه وسلم ، the visitor should go back. It is against the sunnah of the Holy Prophet صلى الله عليه وسلم to keep on waiting there, which will be a cause of trouble for the inmate and tantamount to forcing the host to come out.

Ruling

The foregoing ruling relates to the situation when one has sought permission thrice by knocking and greetings. In that situation to keep on waiting there would cause trouble to the host. But if someone waits at the door of a scholar or a pious person without seeking permission or without informing him, in the hope that he would meet him when he would come out according to his convenience, such a waiting is not undesirable, rather it is a great respect shown by the caller. The Qur'an itself has advised people that to call the Holy Prophet صلى الله عليه وسلم while he is inside, with the purpose of calling him out of the house is disrespect to him. People should wait for him outside until he comes out on his own according to his convenience. The related verse says وَلَوْ أَنَّهُمْ صَبَرُ‌وا حَتَّىٰ تَخْرُ‌جَ إِلَيْهِمْ لَكَانَ خَيْرً‌ا لَّهُمْ (And if they had patience until you come out to them, that would be better for them - 49:5). Sayyidna Ibn ` Abbas ؓ has said, ` Sometimes I keep on waiting the whole afternoon at the door of an Ansari companion until he would come out on his own, for asking about some Ahadith . Had I sought permission to go in, he would have definitely allowed me, but I regarded that against ethics. That is why I used to bear the trouble of waiting'. (Sahih a1-Bukhari). Verse:29 Commentary لَّيْسَ عَلَيْكُمْ جُنَاحٌ أَن تَدْخُلُوا بُيُوتًا غَيْرَ‌ مَسْكُونَةٍ فِيهَا مَتَاعٌ لَّكُمْ

There is no sin on you if you enter uninhabited houses in which you have rightful benefit - 24:29.

Literal meaning of the word متاع Mata` is to use, put to use, and to benefit from something. Anything from which some benefit is drawn is also called Mata`. In this verse Mata` is used in its literal meaning and is translated as 'rightful benefit'. It is reported by Sayyidna Abu Bakr ؓ that when verses regarding isti'dhan (seeking permission) were revealed, he inquired from the Holy Prophet صلى الله عليه وسلم "Ya Rasul Allah! what would the traders of Quraish do after this prohibition? They travel with trading caravans from Makkah and Madinah to Syria and have a number of resting places spread out all along the route, where they stay while traveling. There are no permanent inmates in those places. So, what will be the form of isti'dhan at those places? Whom will they seek the permission from?' On this enquiry the above verse was revealed (Mazhari on authority of Ibn Abi Hatim).

The background of revelation of this verse tells us that the phrase بُيُوتًا غَيْرَ‌ مَسْكُونَةٍ (uninhabited houses) relates to those houses and places which are not specifically meant for the residence of any individual or community. Rather they are open to all to go in and stay or use, such as public inns, which are made for the purpose of free stay of the travelers, mosques, shrines, schools, hospitals, post offices, railway stations, airports and community centers. Thus, all places built for the common welfare of people fall under this category, where everyone is allowed to go in and use.

Ruling

In all the welfare centers where there are some restrictions or conditions placed by the owners or by the organizers for entry, their observance is obligatory by religious law also. For instance, if it is necessary for entering a railway platform to purchase the ticket, it will not be permissible in Shari` ah to enter it without the ticket. The ticket is compulsory. Similarly, going into the restricted area of an airport is not allowed without having the necessary permission.

Ruling

However, if the specific rooms are reserved in mosques, shrines, schools, hospitals etc. for their staff, such as closets in mosques, shrines and schools or the offices in the hospitals, railway stations and airports, they do not fall under the category of 'uninhabited houses'. In all such places entry without permission is prohibited by Shariah.

Some other issues related to Isti'dhan

When we have learnt that the basic purpose of the Sharl'ah injunction of Isti'dhan is to avoid giving any trouble to others, and teaching of ethics of social graces, on the same principle the following code of conducts can also be drawn.

Some Issues relating to Telephone

To ring up anyone at a time which is normally his resting time or the time for prayers, unless extremely urgent, is not justified, for the same reason that it will be troublesome for him, just like entering anyone's house without permission, which disturbs the freedom of the host.

Ruling

If one has to talk to someone frequently, then it is desirable that it should be enquired from him the convenient time when he can talk without any trouble, and then only at that time he should be contacted on telephone.

Ruling

If one has to discuss something in detail with someone on telephone, then it is advisable that he should first find out from him whether he can talk in detail for some length of time. It is a common happening that when one is busy, the telephone bell rings, and he is compelled to lift the receiver no matter what he was doing, and if the caller talks for long, it really hurts the listener.

Ruling

Some people do not care about the ringing of telephone. It keeps on ringing but they would not lift the receiver. This habit is also against the Islamic ethics, and tantamount to usurpation of the right of the caller. As the Hadith says (Your guests have some rights obligated on you). It indicates that the one who has come to meet you, it is his right that you talk to him, and do not refuse meeting him without reason, similarly, the one who wants to talk to you on telephone, it is his right that you respond.

Ruling

If you have gone to someone's house to meet him, and are waiting for the permission, in that situation you must not peep in, because the purpose of Isti'dhan is that you should not know what the host wants to hide from you. If you see it by peeping inside, then that purpose is lost. It is strongly prohibited in the hadith (Bukhari and Muslim quoting Sahal Ibn Sa'd as-Sa'idi). It was the practice of the Holy Prophet صلى الله عليه وسلم that if he would go to meet someone and wait for the permission to go in, he would stand by the side of the door and not in front of it. He used to make Isti'dhan by the side of the door, because very seldom there were curtains on the door during that time, and if they were, there was the possibility of their opening up with the wind. (Mazhari)

Ruling

The prohibition to go in the houses mentioned in the above verse is meant under normal conditions. But if there is an emergency, like fire or demolition of the house, then one can enter without taking permission, rather it is desirable to go in immediately.

Ruling

If a person has sent someone to call another person, and he comes along with the person who had gone to fetch him, then he need not take permission to go in. The messenger who had gone to fetch him is permission by itself. But if he does not turn up along with the messenger, but goes later, then seeking of permission will be required. The Holy Prophet صلى الله عليه وسلم has said اذا دعی أحدکم فجاء مع الرسول فان ذلک اذن ` If someone is called and he comes along with the messenger, then this by itself is permission for going in'. (Abu Dawud - Mazhari) Verse:30 Commentary Commentary

An important chapter for the prevention of obscenity and security of chastity: Hijab for women

The very first verses on the subject of hijab for women are the ones which were revealed in Surah Ahzab at the time of marriage of the mother of the believers Sayyidah Zainab bint Jahash ؓ with the Holy Prophet صلى الله عليه وسلم . Some have given the date of revelation of these verses as 3rd Hijra while others say it was 5th Hijra. Tafsir Ibn Kathir and Nail Al-Autar have given preference to the latter date, while Ruh ul-Mani has reported on the authority of Sayyidna Anas ؓ that this marriage was solemnized in Dhulqa'dah 5th Hijra. But it is an agreed position that the first verse on Hijab was revealed on this occasion. As for the above referred verses of Surah an-Nur, they were revealed at the time of incident of Ifk, which had happened on return from the battle of Bani Mustaliq or Muraisi`. This battle had taken place in the 6th Hijra. Hence, it is clear from the revelation point of view that Surah An-Nur's verses on hijab were revealed later, and Surah Ahzab's four verses were revealed earlier, and that the practice on the injunction of hijab had started when the verses of Surah Alhzab were revealed. The subject of hijab will be discussed Insh' Allah in detail under Surah Ahzab. Here the explanation will be restricted to only those verses which appear in Surah an-Nur.

قُل لِّلْمُؤْمِنِينَ يَغُضُّوا مِنْ أَبْصَارِ‌هِمْ وَيَحْفَظُوا فُرُ‌وجَهُمْ ۚ ذَٰلِكَ أَزْكَىٰ لَهُمْ ۗ إِنَّ اللَّـهَ خَبِيرٌ‌ بِمَا يَصْنَعُونَ ﴿30﴾

Say to the believing men that they must lower their gazes andguard their private parts; it is more decent for them. Surely Allah is All-Aware of what they do. (24:30)

The word يَغُضُّ (yaghuddu) is derived from غضّ (ghadd), which means to bring down or to lower, (Raghib) lowering of eyes or to keep eyes down as enjoined in the verse, means to turn the eyes from something which is prohibited to be seen by Shari` ah (Ibn Kathir). Ibn Hibban has given the explanation that to look at a non-Mahram woman with intent to have (sexual) pleasure is totally prohibited, and to look without any such motive is makruh (undesirable). To look at any woman's or man's private parts of the body is included in this explanation (except in case of dire necessity, such as medical examination). Peeping into anyone's house with the intent of finding out his secrets, and all such acts where looking is prohibited by Shari` ah are all included in the injunction. (24:30)

وَيَحْفَظُوا فُرُ‌وجَهُمْ Protection of private parts is purported to express that all possible situations of satisfying unlawful sexual desires be guarded against. In this, adultery, sodomy, lesbian act, masturbation and all such acts that fulfill unlawful lust and passions are prohibited. The purpose of the verse is to prohibit all illicit acts for fulfilling unlawful passions. For this purpose the initial and the ultimate acts have been mentioned rather clearly, and all those actions which fall in between them are also included in the prohibition. For unlawful sexual passion the very first act is casting eye with bad motive and its ultimate result is adultery. Both these acts have been mentioned clearly and are prohibited. All other acts falling in between, such as touching hands or having conversation, are included by implication.

Ibn Kathir has related Sayyidna ` Ubaidah ؓ having said . کُلّ ما عصی اللہ بہ فھو کبیرۃ وقد ذکر الطفین that is ` Any act done in disobedience to Allah is a major sin, but the initial and ultimate acts are mentioned at the two ends of the verse'. The initial act is to cast eye, and the ultimate is adultery. Tabarani has quoted Sayyidna ` Abdullah Ibn Masud ؓ that the Holy Prophet صلى الله عليه وسلم once said:

النظر سھم من سھام ابلیس مسموم من ترکھا مخافتی ابدلتہ ایمانا یجد حلاوۃ فی قلبہ (از ابن کثیر)

` Casting eye is a poisonous arrow among the arrows of Satan. Whoever turns away his eye fearing from Me (despite demand of the heart), I will give him such strong faith, the delight of which he will feel in his heart'. (Ibn Kathir)

It is reported in Sahih Muslim on the authority of Sayyidna Jarir Ibn ` Abdullah al-Bajali ؓ that the Holy Prophet صلى الله عليه وسلم has advised what should one do if by chance one's eye is cast on a non-Mahram woman. He has quoted the Holy Prophet صلى الله عليه وسلم as saying ` Turn away your eyes from there'. (Ibn Kathir). Sayyidna Ali ؓ has said that first sight is forgivable, but casting eye a second time is sin. Both versions are alike, that is, if one casts his eye by chance without intention, it is forgiven being not intentional, otherwise it is prohibited to cast the eye intentionally, even the first time.

To stare intentionally at boys having no beard also falls within this ruling

Ibn Kathir has reported that many elders of the Ummah used to forbid forcefully staring at young boys (having no beard), and many scholars have declared it as forbidden (Perhaps it is in a situation when one looks with bad intention and passionate desire. God knows best) Verse:31 Commentary Looking at non-Mahram is forbidden

وَقُل لِّلْمُؤْمِنَاتِ يَغْضُضْنَ مِنْ أَبْصَارِ‌هِنَّ

And say to the believing women that they must lower their gazes - 24:31.

In the initial part of this long verse the injunction is the same which has been enjoined on men-folk in the preceding verse, that is, keep the eyes down or turn away the eyes. Women-folk are also included in the injunction along with men, but in the next verse there is a separate injunction for them for laying more emphasis. Hence, it is clear that for women it is forbidden to look at any man except their mahrams. Many scholars have declared that it is absolutely forbidden for women to see non-Mahram men, irrespective of looking with bad intent and passion or without any intent and passion; in either case it is forbidden. For this ruling the argument, put forward in support is the hadith of Sayyidah 'Umm Salamah ؓ which relates that once 'Umm Salamah and Maimunah ؓ both were with the Holy Prophet صلى الله عليه وسلم when suddenly 'Abdullah Ibn 'Umm Maktum ؓ ، the companion of the Holy Prophet صلى الله عليه وسلم who was blind, came in, and the Holy Prophet صلى الله عليه وسلم asked them to go inside. This incident had happened after the injunction of hijab for women was revealed. On this 'Umm Salamah ؓ pleaded ` O Holy Prophet صلى الله عليه وسلم ! But he is only blind, he can't see us'. Then the Holy Prophet صلى الله عليه وسلم replied ` Is it that you are blind too?' (Abu Dawtid and Tirmidhi - Tirmidhi declared this hadith as hasan Sahih). Other jurists have ruled that there is no harm if women look at strange males without any passion. They base their argument on the hadith of Sayyidah ` A'ishah ؓ in which it is related that on an Eid day some African youths were showing their military exercises in the courtyard of the Mosque of the Holy Prophet صلى الله عليه وسلم and the Holy Prophet صلى الله عليه وسلم was watching this game, and so was Sayyidah ` A'ishah ؓ ، under the cover of the back of the Holy Prophet صلى الله عليه وسلم . She kept on watching the game until she herself got tired of it, but the Holy Prophet صلى الله عليه وسلم did not object to her watching. Scholars are all unanimous on the point that looking with lust is prohibited, but looking without lust is also not a preferred act.

To look at a woman's satr (concealable) parts by another woman without any lawful reason is also prohibited in line with the wordings of this verse. It is for the reason that concealing of satr (concealable) from all, both by men and women, is obligatory by Shariah. Man's satr (concealable) comprises all parts of the body from navel to knees, and that of women, the whole body, except face and palms. Neither can a man see another man's satr nor can a woman see another woman's satr. Looking by a man at a woman's satr or of a woman at a man's satr is highly prohibited, and amounts to contradiction of the injunction of the Qur'anic verse which enjoins for ` turning away the eyes'. As has been explained above in detail, it is enjoined in the verse to lower the eyes or to turn the eyes away from everything which is prohibited to be seen under Islamic injunctions. To look at a woman's satr by another woman is included in that.

وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ‌ مِنْهَا ۖ وَلْيَضْرِ‌بْنَ بِخُمُرِ‌هِنَّ عَلَىٰ جُيُوبِهِنَّ ۖ وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا لِبُعُولَتِهِنَّ

And must not expose their adornment, except that which appears thereof, and must wrap their bosoms with their shawls, and must not expose their adornment except to their husbands - 24:31.

The literal meaning of zinah (زینۃ) is that with which a woman adorns herself to appear attractive. It may be nice clothes or ornaments. There is an agreement of the scholars on the point that when the clothes and ornaments are not worn by women, and are only displayed in the market place, then they are allowed to be seen by men-folk. For this reason majority of scholars have taken the meaning of zinah as those parts of the body where the objects of zinah are worn. Hence, the meaning of the verse is that it is obligatory for women not to show the parts of the body where the objects of adornments are worn. (Ruh u1-Ma' ani). Whereas it is prohibited for women in this verse to show their zinah, two exceptions have, however, been made. One is for that to be seen and the other for those who see.

Exception from the injunction of hijab

First exception is that of مَا ظَهَرَ‌ مِنْهَا (except that which appears thereof). It means that ` Women are not permitted to show their zinah زینۃ to men, except that which is revealed on its own'. The indication is that while women are working, some parts of the body get uncovered automatically, and their covering is difficult, hence, exception of such parts is permitted. There is no sin in their uncovering. (Ibn Kathir). Which parts do really fall under this exception? On this subject Sayyidna 'Abdullah Ibn Masud and 'Abdullah Ibn 'Abbas ؓ have given different explanations. Sayyidna 'Abdullah Ibn Masud ؓ has explained that what has been excepted in مَا ظَهَرَ‌ مِنْهَا is the outer covering, such as veil or the sheet used for hijab. These over-clothings are used to cover up the normal garments of zinah زینۃ . Hence, the meaning of the verse would be that it is not permitted to show anything from the zinah زینۃ (garments), except the over-clothings like veil, whose hiding is not possible when going out for some work. On the other hand Sayyidna 'Abdullah Ibn 'Abbas ؓ has interpreted that it is purported for face and palms, because when a woman is forced to go out because of necessity, it is difficult to hide face and palms while engaged in her work. Therefore, according to the explanation of Sayyidna 'Abdullah Ibn Mas'ud ؓ it is not permitted for women even to uncover - their faces and palms before non-Mahram men. Only the over-clothings, like veil etc. are excepted under necessity. But in accordance with the explanation of Sayyidna 'Abdullah Ibn 'Abbas ؓ it is permitted to uncover the face and palms before the non-Mahrams. Thus, there is a difference of opinion among the religious scholars on the issue whether it is permissible to uncover the face and palms before non-Mahrams or not. But all agree on that if there is a risk of fitnah (i.e. stimulation of illicit desires) by looking at feminine face and palms, then its uncovering is not allowed, and women are not permitted to uncover their faces and palms in that situation. All scholars also agree on that in prayers women can uncover their faces and palms and in the uncovered position their prayers will be considered valid.

Qadi Baidawi and Khazin have said in the explanation of this verse that the object of the verse appears to be that women should not let anything of their zinah زینۃ be seen, except that which gets uncovered during the process of working. In this definition the veil and sheet, as well as face and palms are all included, because when a woman goes out for some necessary work, veil and sheet are open to be seen in any case, but sometimes face and palms also get uncovered during the movements of work. Hence, their uncovering is allowed and is not regarded a sin. But it does not mean that men are allowed to see faces and palms of women unnecessarily. Instead, it is enjoined upon men to keep their eyes lower, and if a woman is constrained to uncover her face or palms, the men should turn their eyes away, unless required to see in the performance of some lawful act. In this explanation both the traditions and interpretations are reconciled. Imam Malik (رح) has also ruled that it is not allowed to see the face and palms of a non-Maliram woman without a lawful need. Ibn Hajar Makki Shafi` i (رح) has quoted in his zawajir that Imam Shafi` i's view is also the same that although women's face and palms are not part of their satr, and they are allowed to pray while these parts are uncovered, yet non-Mahrams are not allowed to see them without a lawful need. However, this has already been stated above that even those scholars who have ruled it permissible to see women's face and palms, also agree that if there is a risk of mischief, then looking at their faces is not permissible. It is well known that the center of beauty and .attraction is the face of a person, and the present age is full of temptation, mischief and lasciviousness, and people are lost in remissness. Therefore, in the present circumstances it is impermissible to uncover the face before the non-Mahram men, except for medical treatment or in emergency. Similarly, it is not allowed for the men-folk as well to look at women intentionally, unless it is required by a genuine need.

After granting exception to the opened Zinah, it is enjoined in the verse under reference وَلْيَضْرِ‌بْنَ بِخُمُرِ‌هِنَّ عَلَىٰ جُيُوبِهِنَّ (24:31) that is, ` must wrap their bosoms with their shawls'. خُمُرِ‌) Khomor is the plural of (خِمار) Khimar. It is the piece of cloth which women use to cover their head, and it also covers up the neck and bosom. جیوب (juyub) is the plural of جَیب (jayb) which means upper part of the shirt just below the neck. Since the time immemorial this part of the garment is placed over the chest of a person, hence the covering of juyub means covering of the chest or bosom. In the beginning of the verse showing of zinah زینۃ was prohibited, while in this sentence hiding of zinah زینۃ is emphasized and a specific situation is also described, the purpose of which is to eliminate an old custom of pre-Islamic days. In the pre-Islamic time women used to place the sheet on their head and let its two sides hang on their back, with the result that their neck, ears and bosom were left uncovered. Therefore, Muslim women were enjoined not to follow this, and instead were advised to place the two sides of the sheet one over the other, so that all these parts are covered. (Ibn Abi Haim from Ibn Jubair - Ruh)

The second exception in the verse relates to the men before whom no hijab is to be observed by women. There are two reasons for this exception. First, those men who are exempt from this injunction are the mahrams, hence, no risk of any trouble is expected from them. Allah Ta' ala has put in their hearts deep respect and honour of their close female relatives, hence, there is no possibility of any mischief from them. Secondly, since the close relatives normally live all together, for the sake of convenience it is required that they do not hide from each other. But this should also be kept in mind that this exception from hiding from mahrams is exclusive to hijab, and not from the satr of women, where the exception is allowed only to husbands. Those parts o: the body of women which are included in satr, and which are not allowed to be uncovered in the prayers, are not permitted to be seen by any mahram.

Eight types of mahram men and four other types with whom no hijab is necessary are listed in this verse. In another verse of Surah Ahzab, which was revealed before this verse, only seven types of mahram are mentioned. Hence, five more types were added in the above referred verse of Surah an-Nur, which is a later revelation.

Warning

It should be noted that the word mahram is used here in its general sense, which includes husband also. In the connotation used by the scholars for this word it means the person with whom marriage is not allowed. That meaning of the word is not intended here. Let us now take up the details of the twelve exceptions mentioned in the verse under consideration: The first exception is that of husband with whom hiding of any part of the wife's body is not required. But, looking at the private parts of wife without need is not a preferable act. Sayyidah ` A'ishah ؓ has said مَا رأی منّی ولا رأیت منہ ` Neither he saw my private parts nor did I see his'.

Second, exception is of fathers, in which category apart from father, grandfather, great grandfather are all included. Third, is the father-in-law, and husband's grandfather and great grandfather. Fourth, are the sons. Fifth, are the husband's sons, who may be from his other wives. Sixth, are the brothers, in which category all step-brothers whether from real-mother or from real-father are included. But cousin brothers are not part of this category. They are all non-Mahrams. Seventh, are the sons of brothers. Here also sons of step-brothers are included, but sons of cousins are not included. Eighth, are the sons of sisters, and here again sons of step-sisters are included but not those of the cousins. These are the eight categories of mahrams.

Ninth category

أَوْ نِسَائِهِنَّ (31) (or to their women). These words are used for Muslim women, before whom all such parts can be uncovered which are allowed to be uncovered before father or sons. It has already been clarified earlier that this exception relates to hijab alone and not the satr. It is for the simple reason that, what is not allowed to be uncovered before mahram men is also not permitted to be uncovered before any Muslim woman, except for medical treatment or under dire need.

By the exception made only for Muslim women it becomes obvious that it is necessary for Muslim women to cover themselves before non-Muslim women as well. Non-Muslim women are thus in the same category as that of non-Mahram men. Ibn Kathir has quoted the. explanation given by Mujchid (رح) for this verse that it is not permissible for a Muslim woman to uncover herself before non-Muslim women. But there are Sahih ahadith available which prove that non-Muslim women used to visit wives of the Holy Prophet صلى الله عليه وسلم ، hence, there is a difference of opinion among the jurists on the subject. Some have declared non-Muslim women like men for the application of this injunction, while others have placed both Muslim and non-Muslim women under one category - that is covering before them is not necessary. Imam Razi (رح) has opined that the word نِسَائِهِنَّ (their women) encompasses both Muslim and non-Muslim women, and the practice of virtuous elders of making Muslim women covered before non-Muslim women was because it was desirable (but not obligatory). Mufti of Baghdad, ` Allamah ` Alusi (رح) has adopted this explanation in the Ruh ul-Ma` ani, and has remarked ھٰذا القول اوفق بالنّاس الیوم فانّہ لا یکاد یمکن احتجاب المسلمات عن الذمیات (روح المعانی) This explanation is more suited to present time because it has become almost impossible for Muslim women to cover themselves before non-Muslim women. (Ruh ul-Ma` ani)

Tenth category

أَوْ مَا مَلَكَتْ أَيْمَانُهُنَّ (24:31). (or to those owned by their right hands). The general sense of the wording includes both male and female slaves and servants, but many a scholars and jurists consider that it applies only to female slaves, and not to the male slaves. Therefore, it is obligatory to be in cover before them, like other non-Mahrams. Said Ibn al-Mussayab (رح) has said expressing his final view ` Do not be under the misconception that the wordings أَوْ مَا مَلَكَتْ أَيْمَانُهُنَّ are general, and include male slaves as well. It is not so. This verse refers to only female slaves, male slaves are not included in it'. Sayyidna ` Abdullah Ibn Mas` ud ؓ ، Hasan al-Basri and Ibn Sirin رحمۃ اللہ علیہما have said that it is not permissible for a male slave to see his female owner's hair (Ruh ul-Ma ani).

Now the question is that if by the wordings أَوْ مَا مَلَكَتْ أَيْمَانُهُنَّ only female slaves were meant, then they were already included in the word نِسَائِهِنَّ (or to their women). What was the point in describing them separately? Jassas (رح) has answered this question by explaining that the word in its apparent sense is meant for Muslim women only, and in case there are non-Muslims also among the female slaves, they need to be separated from the rest, hence the use of this word.

Eleventh category

أَوِ التَّابِعِينَ غَيْرِ‌ أُولِي الْإِرْ‌بَةِ مِنَ الرِّ‌جَالِ (or male attendants having no { sexual} urge). Sayyidna Ibn ` Abbas ؓ has explained that, here those confused and deranged type of persons are meant who have no liking and inclination toward women (Ibn Kathir). The same explanation has been put forward by Ibn Jarir quoting Abu ` Abdullah Ibn Jubair, Ibn ` Atiyyah رحمۃ اللہ علیہم etc. Therefore, those men are referred to here who do not have any lust or inclination towards women, nor are they interested in the beauty and charm of women, which they could describe before others. As against this, eunuchs do take interest in women's special attributes; hence women should keep covered before them. There is a hadith of Sayyidah A` ishah ؓ on the subject, that an eunuch used to visit the wives of the Holy Prophet صلى الله عليه وسلم ، and they regarded him to be included in the category of غَيْرِ‌ أُولِي الْإِرْ‌بَةِ مِنَ الرِّ‌جَالِ (31) hence they allowed him to come in their homes. When the Holy Prophet صلى الله عليه وسلم saw him and listened his conversation, he stopped him from coming inside the homes. (Ruh uI-Ma ani).

For this very reason Ibn Hajar Makki (رح) has commented in Sharah al-Minhaj that no matter a man be impotent or devoid of genital organs or be very old, he is not included in the expression غَيْرِ‌ أُولِي الْإِرْ‌بَةِ and women are required to cover themselves before all of them. However, addition of the word التَّابِعِينَ with the expression غَيْرِ‌ أُولِي الْإِرْ‌بَةِ is meant to indicate those who are confused and deranged, and enter the houses with the purpose of eating and drinking as an attendant of some guests. Such men are excluded and it is not necessary to observe hijab before them. They have been mentioned here because in fact there were some such men at that time, and they used to go inside the homes, only with the intention of eating and drinking, but the real cause of their being excepted from the rules of hijab is their being of unsound mind and having no sexual urge and not being attendants of someone.

Twelfth category

أَوِ الطِّفْلِ الَّذِينَ (or to the children who are not yet conscious of the shames of women - 31). This refers to those young children who have not yet attained puberty, and are totally ignorant of ladies special attributes, gestures and postures. Any boy who takes interest in ladies company for their special attributes is nearing his puberty, and covering before him becomes obligatory. (Ibn Kathir). Imam Jassas (رح) has explained that the word طِّفْلِ Tifl (children) refers here to those children who do not differentiate between men and women in special attributes. (Jassas has narrated this from Mujahid).

وَلَا يَضْرِ‌بْنَ بِأَرْ‌جُلِهِنَّ لِيُعْلَمَ مَا يُخْفِينَ مِن زِينَتِهِنَّ

And let them not stamp their feet in a way that the adornment they conceal is known - 24:31.

It is incumbent upon women to step so gently that no sound is made of their ornaments and none of their zinah is exposed to men.

To cause hearing of jewellery's sound to non-Mahrams is prohibited

In the beginning of the verse it was prohibited for women to show their zinah (ornaments or garments) to non-Mahram men. At the end of it, it is reemphasized that covering of head and bosom etc. was in any way obligatory as part of hiding of zinah زینۃ ، rather any exposure of hidden zinah زینۃ by any means is also prohibited. Putting in something in the ornaments so that they produce sound, or making of sound by the touch of ornaments with each other, or putting the feet on the ground in such a manner that ornaments make sound, and the non-Mahrams listen to these sounds; they are all prohibited under the provision of this verse. In the light of this explanation many jurists have drawn the conclusion that when causing to hear the ornament's sound is prohibited, then to cause hearing of women's own voice would be prohibited even more strongly. Therefore, they have ruled that the voice of women is also included in their satr. For this reason it is declared in Nawazil that women should learn Qur'an from women only, as far as possible. Learning of Qur'an from men should be as a last resort only.

Sahihs of Bukhari and Muslim have quoted a hadith which says that while offering prayers if someone passes in front, he should be warned with a loud voice by saying Subhan Allah by men, but the women should not make any sound, and instead hit the back of the palm with the other for warning.

The issue of women's voice

Is women's voice included in their satr per se, and it's causing to hear by non-Mahrams is prohibited? The jurists differ on this issue. In the books of Imam Shafi` i (رح) the voice of women is not included in their satr. In the case of Hanafi there are different views. Ibn Humam (رح) has included the voice in satr on the basis of statements in Nawazil. Because of this the call for prayer اذان by women is regarded makruh by Hanafi School. However, it is established by hadtth that the wives of the Holy Prophet صلى الله عليه وسلم used to talk to non-Mahrams from behind the curtain even after the revelation of injunction of hijab. Keeping in view all the material on this point, what seems to be the correct position is that hearing the voice of a woman is impermissible only when and where it may create a fitnah, but where there is no such apprehension, it is allowed. (Jassas). However, the prudent way for women is to take care and avoid talking to non-Mahrams, even from behind the curtains, unless necessary. (Only Allah knows best)

To go out wearing perfume

It is also included in this injunction that when women go out of the house for some need, they should not wear any perfume, because that is also their hidden zinah, and it is impermissible to cause it to reach non-Mahrams. In a Oath reported by Tirmidhi from Abu Musa al-Ash` ari ؓ those women are declared bad who go out wearing perfume.

Going out wearing decorated veil is also prohibited

Imam Jassas (رح) has commented that when Qur'an has included even the sound of ornaments as the exposure of zinah زینۃ and declared it unlawful, then going out wearing decorated veil would be unlawful more strongly. By inference it is also clear that although the face of women is not included in her satr, but it is the pivotal point of zinah زینۃ ، hence, its hiding from the non-Mahrams is essential, except in cases of need. (Jassas)

. وَتُوبُوا إِلَى اللَّـهِ جَمِيعًا أَيُّهَ الْمُؤْمِنُونَ

And repent to Allah 0 believers, all of you - 24:31.

In this verse first the men have been enjoined to keep their eyes low, then the women are enjoined the same. After that women are directed to cover themselves before non-Mahrams. After enjoining these injunctions separately to men and women, now a combined instruction is given that the sexual desire is a delicate thing, and it remains concealed from others. But everything, concealed or open, is completely known to Allah. Therefore, if someone has erred in following the foregoing injunctions, he should beg Allah's pardon, feel repentant on his past deeds and make a firm resolve not to indulge in them again. Verse:32 Commentary Commentary

Some injunctions regarding marriage

It has been pointed out earlier that Surah an-Nur contains mostly the injunctions relating to protection of chastity and continence, and prevention of obscenity and shamelessness. In this connection severe punishments against adultery and related matters are mentioned, then istidhan is highlighted, and after that hijab for women is described. Since Islamic jurisprudence is based on the precept of moderation, all its injunctions are moderate, and have affinity with natural human emotions and desires. It is also based on the principle to control the tendency of excessiveness and transgression. When it is enjoined to desist strictly from unlawful lust, it is equally important to provide a lawful access for the natural human emotions and desires. At the same time it is also needed both from a rational and religious point of view that men and women are shown a way for the lawful copulation for the preservation of human race. In the terminology of Qur'an and Sunnah it is called nikah (marriage). In the verse under consideration the guardians of unmarried girls and the owners of slave girls and boys are enjoined to marry them off.

وَأَنكِحُوا الْأَيَامَىٰ مِنكُمْ

And arrange the marriage of the spouse-less among you - 24:32.

Ayama (أَيَامَىٰ ) is the plural of Aym (اَیم)which is used for all those men and women who are not married, irrespective of the situation whether they have not yet been married or were married earlier and have become divorcee or widow /widower. The guardians of such men and women are directed in this verse to arrange their marriage.

Scholars and jurists are unanimous on the point that according to the manner of address of this verse the preferable and masnun way of marriage is that men and women have it arranged through their guardians, rather than arranging it directly. There are many a worldly and religious benefits in this tradition, especially in the case of girls it is a sort of indecency that they arrange their own marriages. Also, there is a risk that this system may open the doors for obscenity. Therefore, in some narrations of hadith women are prohibited to contract their own marriages without the mediation of guardians. Imam Abu Hanifah (رح) and some other Imams have ruled that this instruction describes a sunnah and the preferred way for the contract of marriage. But if an adult girl marries someone within her own kuf without her guardian's permission, it is a proper marriage, although she would be reprehensible for this act, because it is against the sunnah, unless she has done so under unavoidable circumstances.

Imam Shafi` i (رح) and some other Imams have ruled that her marriage will be null and void if carried out without her guardian's mediation. It is not the intention to describe and argue here the details of approach and arguments put forward by the two jurists on their different points of view, but this much is obvious from the verse under discussion that it is preferable to have guardian's mediation in the matter of marriage. But the Qur'anic verse itself is silent on the issue of status of marriage, if solemnized without the consent of guardians. The other reason is that in the word Ayama (أَيَامَى) both male and female adults are included, and there is consensus that the marriage of adult boys is perfectly valid if solemnized without the mediation of guardians. No one considers that marriage to be null and void. But this is true that in either case it is against the sunnah, for which both should be reproached.

The status of marriage in Shari'ah

Jurists are almost all unanimous that whoever has a strong apprehension that in case he does not marry, he would not be able to maintain the prescribed limits of Shari' ah and will get involved in sins, and he has the means to get married, it is obligatory on him to get married. As long as he does not get married, he will remain a sinner. But in case he does not have the means to get married, or a suitable woman is not available, or he does not possess the needed prompt dower etc., for all such situations the injunction is given in the next verse that he should keep striving to obtain what is required and until such time that the needful is arranged, he should keep his emotions under control and wait with patience. The Holy Prophet صلى الله عليه وسلم has advised such persons in this situation to fast continuously, for fasting calms down the sexual desire.

It is reported in Masnad of Ahmad that the Holy Prophet صلى الله عليه وسلم enquired from Sayyidna ` Akkaf whether he had a wife, to which he replied in the negative. Then the Holy Prophet صلى الله عليه وسلم enquired whether he had a lawful slave girl. He again replied in the negative. Then he asked ` Do you have the means?' To this he replied in the affirmative. The purpose of this enquiry was to find out whether he possessed the means to arrange his marriage, to which he answered in the positive. After that the Holy Prophet صلى الله عليه وسلم said ` In that case you are a brother of Shaitan, for our sunnah is to get married. The worst persons among you are those who are unmarried, and the most mean among your men are those who die without marrying'. (Mazhari).

Majority of the jurists have attributed this narration as well to that condition when there is a predominant risk of sinning by abstaining from marriage. The Holy Prophet صلى الله عليه وسلم must have known the situation of ` Akkaf that he would not be able to resist. Similarly, it is reported in Masnad of Ahmad on the authority of Sayyidna 'Anas ؓ that the Holy Prophet صلى الله عليه وسلم had instructed him to get married, and warned against remaining bachelor. (Mazhari). There are some other similar narrations of the hadith as well, and majority of the jurists have held them to be applicable only in those situations where there is a strong apprehension of being involved in a sin if one avoids marriage. Similarly, jurists are almost all unanimous that if someone has strong notion that he would indulge in sin by marrying a woman, for instance he is not capable of meeting conjugal rights of the wife or will get involved for sure in some other sin, in such a situation marriage is prohibited or unbecoming for him.

Now the case of that person has to be looked at who is in an even position. For him neither the risk of sin is very strong by abstaining from marriage, nor there is a strong risk of sin if the marriage is performed. For this situation there are different views of the jurists, that is, which act is better; to get married or abstaining from marriage and get involved in extra prayers. Imam Abu Hanifah (رح) has ruled that getting married is better than offering extra prayers, while Imam Shafi` i (رح) has recommended that getting involved in prayers is preferable. The reason for the different views is that by itself the marriage is a lawful act, just like eating, drinking sleeping etc. or as any other necessity of life is lawful, and the element of worship is included in marriage for the simple reason that one can save himself from sin by this act, and when the righteous children are born, it will add up to his reward. When one performs any lawful act with the intent of pleasing Allah Ta' ala, it becomes an indirect worship for him. Eating, drinking, sleeping etc. all become indirect worship when carried out with this intention. Since occupation in prayers is a direct worship in itself, hence, Imam Shafi` i (رح) regards prayers to be preferable to marriage. But in the opinion of Imam Abu Hanifah (رح) the element of worship is greater in marriage than other lawful acts. In many Sahih ahadith it is emphasized repeatedly to follow this tradition of the Holy Prophet صلى الله عليه وسلم . In the light of all these ahadith it becomes evident that marriage is not just lawful like other lawful acts, but is a sunnah (practice) of the messengers, and has also been emphasized repeatedly in hadith. It is a worship not only from the viewpoint of intention but also being a tradition of the messengers. If someone suggests that by the same token eating, drinking and sleeping should also be regarded as sunnah, because all messengers used to perform them. The answer to this is very clear that despite these acts being performed by all messengers, no one has said or narrated in any hadith that eating, drinking and sleeping are sunnah of the messengers. Instead these acts are regarded as common human habits, which were observed by messengers as well. As against this, marriage is clearly declared as sunnah of the messengers and the sunnah of the Holy Prophet صلى الله عليه وسلم himself.

Tafsir Mazhari has given a moderate view on the subject that, if someone is on an even position, that is neither he is helpless or overcome by prevalence of lust, nor feels the risk of indulging in sin by abstaining from marriage, and thinks that if he gets married, his involvement in household would not be a hindrance in his worships and remembrance of Allah Ta' ala, then it is preferable for him to get married. This was exactly the case of the messengers of Allah and the righteous people of the Ummah. But if he has a hunch that his marriage and involvement in household will not let him promote his religious status and will hinder Allah's remembrance, then for him abstaining from marriage for performing worship would be preferable, provided he is in an even position, described above. Many a Qur'anic verses are in support of this position, one of them being: يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تُلْهِكُمْ أَمْوَالُكُمْ وَلَا أَوْلَادُكُمْ عَن ذِكْرِاللَّـهِ believers, let not your possessions nor your children divert you from Allah's remembrance - 63:9).This verse advises that the wealth and children should not come in the way of remembering Allah Ta' ala.

وَالصَّالِحِينَ مِنْ عِبَادِكُمْ وَإِمَائِكُمْ

And the capable from among your bond-men and bond-girls - 24:32.

This sentence is addressed to the masters of the slaves. Here the word salihin is used in its literal meaning, that is whoever among them has the means and capacity of marrying; arrangement of his/her marriage is made incumbent upon their owners and masters. Here the word capacity is purported to have the means to fulfill the conjugal rights of wife and ability to make payment of maintenance and prompt dower. If the word salihin is taken in its common sense, that is good and pious people, then their exclusiveness from the rest will be on the basis that marriage is basically the means to keep away from the sins, a trait which only the good persons possess.

So, it is made incumbent upon the masters of the slaves and slave girls that those among them who have the ability to get married, their marriage should be arranged. It is purported to mean here that if they show their need and desire to get married, then according to some jurists it is binding on the owners to marry them off. But the majority of jurists have ruled that in such a situation it is incumbent upon the masters not to place any hindrance in their marriage and allow them to get married, because the marriage of slaves and slave girls cannot be performed without the permission of their owners. Thus, this injunction is similar in nature with another verse of the Holy Qur'an فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ that is ` It is incumbent upon the guardians of women not to stop the women under their charge from marriage'. The Holy Prophet صلى الله عليه وسلم has also said on the subject that ` If someone of that kind comes to you with the proposal and you like his morals, then surely may him off. If you do not do it then great mischief will be created on earth'. (Tirmidhi) The gist of this all is that the owners are instructed here not to make any delay in granting permission of marriage to their subjects, notwithstanding that arrangement of their marriage may not be their responsibility. (Allah knows best)

إِن يَكُونُوا فُقَرَ‌اءَ يُغْنِهِمُ اللَّـهُ مِن فَضْلِهِ

If they are poor, Allah will enrich them out of His grace - 24:32.

There is a good news in this verse for such poor Muslims who want to marry for the security of their religious obligation, but they have no means. If they marry with the good intention for the security of their religion and to follow the sunnah of the Holy Prophet صلى الله عليه وسلم ، Allah Ta' ala will grant them sufficient means. There is also an advice in the verse to those who might reject the proposal of marriage from poor people on the basis of their current condition. Wealth is something which does not always stay. The important thing is merit of a person. If they possess merit then their proposal for marriage should not be turned down.

Sayyidna Ibn ` Abbas ؓ has said that Allah Ta' ala has persuaded all Muslims for marriage in this verse, for which He has included every one, either free or slave, and has promised to enrich ti em if they marry. (Ibn Kathir). And Ibn Abi Hatim has reported that Sayyidna Abu Bakr ؓ while addressing the Muslims said that ` You follow the injunction of Allah Ta' ala for marriage, and He will fulfill His promise for granting the riches'. Then he recited this verseإِن يَكُونُوا فُقَرَ‌اءَ يُغْنِهِمُ اللَّـهُ (32) Sayyidna ` Abdullah Ibn Masud ؓ has said ` If you want to be rich, then get married, because Allah Ta' ala has said إِن يَكُونُوا فُقَرَ‌اءَ يُغْنِهِمُ اللَّـهُ (Ibn Kathir) Verse:33 Commentary Warning

It is commented in Tafsir Mazhari that it should, however, be noted that Allah Ta' ala's promise to grant riches to the one who will marry is only on the condition that his intention is to safeguard his chastity and to follow the sunnah. After that he should have trust and faith in Allah Ta' ala, for which the confirmation is available in the next verse, which reads: وَلْيَسْتَعْفِفِ الَّذِينَ لَا يَجِدُونَ نِكَاحًا حَتَّىٰ يُغْنِيَهُمُ اللَّـهُ مِن فَضْلِهِ (And those who cannot afford marriage should keep chaste until Allah enriches them out of His grace - 24:33). ` It means that the people who do not have the material wealth for the marriage, and in case they marry, there is the risk of not fulfilling the rights of wife and their becoming sinners, they should wait with patience until Allah grants them riches from His bounty. A method has been stated in the hadith for achieving the required patience, which is keeping fasts abundantly. If they will follow the advice, Allah Ta` a1a will grant them so much material resources that they will be able to afford the expenses of marriage.

Commentary

Owners of the slaves and slave girls were advised in the previous verse that they should allow their subjects to marry if they so desire. They should not delay their marriage to curb their natural urge for their own expediency. The essence of this advice is to save the subjects from trouble and that they be treated graciously. In the same context another direction is given in this verse to the owners of slaves and slave girls that if their subjects wish to enter into a deal with them for making payment against their freedom, then it is desirable for the owners to concede to this wish, which will bring them good reward. This instruction is commonly taken by the jurists, like the author of Hidayah, as a recommendatory instruction in that it is not compulsory for the owners to concede for freedom of their subjects against payment, yet it is preferable to do so. The procedure for entering into a deal of freedom is that the subject asks his owner to set up an amount with mutual consent for the freedom, which he should earn with his labour and pay to the owner. Alternatively, the owner can also initiate the deal and with mutual consent on payment of a certain amount whereby the slaves can earn their freedom. When such a deal is struck with mutual consent between the owner and the slave, then it becomes mandatory under Islamic law, and the owner has no authority to call it off. As soon as the slave makes the payment of the agreed amount, he gets free automatically.

The amount of money so agreed for the freedom of slave is called badal-al-kitabah for which Islamic law has fixed no limit. It may be the same as the cost of slave, or more or less. The amount on which the parties mutually agree will be regarded as badal-al-kitabah. The essence behind the advice given in this verse is to open up the doors of freedom for the slaves. This is but one such instruction which points out toward the underlying objective of Islamic law of allowing freedom for slaves. In all types of expiations, a common injunction is freedom of slaves. Even otherwise, there is a promise of generous blessings for freeing the slaves. Arrangement of the treaty for freedom in exchange of money is one such route. This is why there is so much persuasion and emphasis on this. However, a condition has also been placed with this treaty إِنْ عَلِمْتُمْ فِيهِمْ خَيْرً‌ا (33). The treaty will only be in order when you notice signs of goodness in them. Sayyidna ` Abdullah Ibn ` Umar ؓ and many other scholars have explained that here the word 'Khair' (good) is purported to mean the strength to earn. Hence, it means that someone who has the strength to earn and can make payment should be allowed to enter the deal, otherwise his labour will be wasted on one hand and the owner will also suffer loss. Some other scholars have given another explanation that goodness and betterment mean here that there should be no risk of any harm to the Muslims because of his freedom. For instance, the slave may be an infidel and he might have been helping his infidel brethren. As a matter of, fact the word 'Khair' (good) stands here for both the meanings, that is the slave should have the strength to earn, and there should be no risk of any harm to the Muslims as a result of his freedom. (Mazhari)

وَآتُوهُم مِّن مَّالِ اللَّـهِ الَّذِي آتَاكُمْ

Give them out of the wealth of Allah that He has given to you - 24:33.

This address is directed towards Muslims in general, and to the owners of the slaves in particular. When the freedom of a slave is dependent on a fixed amount to be given to his owner, then it is incumbent upon Muslims to help him collect that money. For this they can pay from the zakah money as well. And the owners are induced to contribute on their own or reduce the amount of the treaty. It was the practice of the Companions to reduce the amount of treaty by one third or one fourth, depending upon their capacity. (Mazhari)

An important economic issue and the Qur' anic verdict on it

The present day world is totally materialistic. Everyone seems to have forgotten about the life hereafter and has completely entangled himself in money making. All types of researches, contemplation: and developments, revolve round economic uplift only. Detailed discussions and researches on finer economic points have raised its status many fold, and now it has assumed the position of greatest art. The world thinkers have propounded two well-known theories, which, paradoxically, are in conflict with each other. Because of the inherent conflict between them, the world at large is divided in two groups, who are unfortunately at daggers drawn with each other, resulting in the loss of peace and tranquility of the world.

One theory has given birth to capitalist system, commonly known as capitalism. The other one is the socialist system which is called as socialism or communism. It is an everyday common experience, which neither of the two systems can deny, that whatever the man earns or produces in this world through his hard work, its basic source of production is the natural resources, like water, the produce from earth or any other natural produce. The man produces millions of things of his need and use from natural resources through his skill, hard work, ingenuity and composing or decomposing their certain elements. It is but natural to think that there is someone who creates the natural resources. They have not come into being of their own. It also goes without saying that the One who has created the natural resources is the real owner and master of them all. The natural resources have been passed on to man for a limited period (his life span) for his benefit and use. It does not mean that the man has become the master of natural resources for all times, because his own life is so short. Moreover, man does not, and cannot, exercise total control and authority on all natural resources for all the time. For instance, man can irrigate the fields with water, but he cannot create water if there is a drought. Therefore, it is clear that man is not free to use or control them, and hence should follow the instructions given to him by their Crea or and Master. But in the frenzy of materialism everyone has forgotten even the concept of real Master and Creator. The only controversy between them is that whether the one who possesses the factors of production becomes their owner, or all these resources are common to all and everyone has a right to benefit from them.

The first theory is that of the capitalist system which grants freedom of ownership to man in that he can acquire anything by any means, and is also free to use and spend it any way he likes. There is absolutely no restriction on him. The infidels and disbelievers of the olden times professed the same belief, who objected before Sayyidna Shu` aib ؓ as to why should he place any restriction on their wealth, which belonged to them and they were its owners. They claimed that the prophet had no right to tell them as to where the spending was permitted and where it was not? The meaning of Qur'anic verse أَوْ أَن نَّفْعَلَ فِي أَمْوَالِنَا مَا نَشَاءُ (or that we do with our wealth what we wish - 11:87) is the same. The other theory is that of socialism, which does not allow ownership to anyone of anything, and professes common ownership of everyone and equal right to all. This is the original theory of communism, but when they felt that this is not practicable, they exempted some objects from the common ownership.

As against these two extremes the Holy Qur'an has given a system in which the most fundamental concept is that everything belongs to Allah Ta' ala, who has given the charge of some things to man temporarily by His grace and bounty. For such things where man has been given the charge and possession, others have been debarred to make any claim on their use, without the permission of the owner. But despite the possession and ownership being given to man, he is not granted freedom to earn or spend them in any manner he likes. Both for earning and spending there are wise and equitable rules and regulations which are clearly defined, and which clearly identify the permissible and impermissible ways of earning and spending. In addition to this, it has also been made incumbent upon him to pass on certain part of his possession to others, which is made the right of recipients on those things.

Although the verse under reference deals with a different subject yet it contains some important principles relating to this economic issue. So, look at the wordings of the verse rather intently وَآتُوهُم مِّن مَّالِ اللَّـهِ الَّذِي آتَاكُمْ. ` Give them out of the wealth of Allah that He has given to you - 33'. Three things come out of this statement. One, that Allah is the real owner of everything. Two, that He has given the possession of certain things to man by His grace. Three, that there are certain restrictions on things which He has given to man. Spending of certain things has been prohibited, and spending of other things is made obligatory, while spending of some others is made preferable.

The other injunction given in this verse is for the eradication of an uncouth custom, and for curbing adultery and obscenity وَلَا تُكْرِ‌هُوا فَتَيَاتِكُمْ عَلَى الْبِغَاءِ ` Do not compel your maid to prostitution - 33'. During the pre-Islamic period many people used to have this business done by their slave girls. When Islam placed strict punishments on adultery, both on free and slave individuals, then it was necessary to enjoin special strict orders to stop and eradicate this uncivilized custom.

إِنْ أَرَ‌دْنَ تَحَصُّنًا (If they wish to observe chastity - 24:33). It means that when those slave girls express their wish to avoid adultery and remain pure, then pressurizing them on your part is extremely imprudent and shameless. Although the wording of the injunction is conditional, yet there is consensus of Ummah that the intention here is not to press the slave girls for adultery, irrespective of the situation whether they express their wish to avoid it or not. In other words, it is not meant here that in case they do not wish to avoid adultery, then it is permitted to force them into it. What is intended here is to tell that in the pre-Islamic days obscenity was common, so the slave girls did not mind adultery. Although after the advent of Islam they repented and wished not to be involved in this practice, yet their owners still forced them for the crime, which they resented. On this situation this injunction was revealed, in which their owners are warned and reproached that while they (the slave girls) want to avoid a shameful act, you are trying to force it on them.

فَإِنَّ اللَّـهَ مِن بَعْدِ إِكْرَ‌اهِهِنَّ غَفُورٌ‌ رَّ‌حِيمٌ

Then after their being compelled, Allah is Most-Forgiving, Very-Merciful - 33.

The gist of this sentence is that it is prohibited to force the slave girls to adultery. If someone does that and the slave girl gets involved in adultery because of the compulsion exercised by her owner, then Allah Ta' ala will pardon her sin and that sin will be passed on to the one who had forced her. (Mazhari). Verse:34 Commentary Commentary

The scholars call this verse as the ` Verse of Radiance', because it describes in great detail the radiance of faith and the darkness of disbelief.