19. This verse tells that although the children should serve both the mother and the father, the mother’s right is greater in importance on the ground that she undergoes greater hardships for the sake of the children. The same is borne out by a Hadith, which has been related with a little variation in wording in Bukhari, Muslim, Abu Daud, Tirmidhi, Ibn Majah, Musnad Ahmad, and in Adab al- Mufrad of Imam Bukhari, to the effect that a person asked the Prophet (peace be upon him): Who has got a greater right to my service? The Prophet replied (peace be upon him): Your mother. He asked: Who after her? He replied: Your mother. He asked: Who after her? He replied: Your mother. He asked: Who after her? He replied: Your father. This Hadith precisely explains this verse, for in it also allusion has been made to the triple right of the mother: (1) His mother bore him with hardship. (2) She gave him birth with hardship. (3) His bearing and his weaning took thirty months.
Another legal point also is derived from this verse and ( verse 14 of Surah Luqman) and( verse 233 of Surah Al- Baqarah), which was pointed out by Ali and Ibn Abbas in a law case and made Uthman change his decision. The story goes that during the caliphate of Uthman, a person married a woman from the Juhainah tribe, and just six months after the marriage she gave birth to a healthy and sound child. The man took the case before Uthman, who declared the woman to be an adulteress and ordered that she be stoned to death. On hearing this Ali immediately came to Uthman and asked: What sort of a decision have you given? He replied: She has given birth to a sound child six months after marriage. Is it not a clear proof of her being an adulteress? Ali did not agree, and recited the three above mentioned verses in their sequence. In Surah Al-Baqarah Allah says: The mothers shall suckle their children for two whole years, if the fathers desire the suckling to be completed. In Surah Luqman it is said: And his weaning took two years, and in Surah Al-Ahqaf: And his bearing and his weaning took thirty months. Now, if two years of suckling are taken away from 30 months, six months of bearing remain. This shows that the minimum period of pregnancy in which a sound child can be born is six months. Therefore, the woman who has given birth to a child six months after the marriage cannot be declared an adulteress. On hearing this reasoning of Ali, Uthman admitted that he had not considered that thing at all. Then he recalled the woman and changed his decision. According to another tradition, Ibn Abbas also supported the reasoning of Ali and then Uthman changed his decision. (Ibn Jarir, Ahkam al-Qur an by al-Jassas Ibn Kathir).
The following legal injunctions are derived from the three verses when they are read together: The woman who gives birth to a sound and complete child in less than six months after marriage (i.e. in a proper delivery and not abortion) will be declared an adulteress and her child’s lineage from her husband will not be established.
(2) The woman who delivers a sound and complete child six months or more after marriage, cannot be accused of adultery only on the basis of the child birth, nor can her husband have the right to slander her, nor can he refuse to acknowledge fatherhood of the child. The child will certainly be recognized as his, and the woman will not be punished.
(3) The maximum period for fosterage is two years. If a woman has suckled a child after this age, she will not be regarded as his foster mother, nor will the injunctions pertaining to fosterage ( Surah An-Nisa, Ayat 23) be applicable to her. In this regard, Imam Abu Hanifah has out of caution proposed the period of two and a half years instead of two years so that there remains no chance of error in a delicate matter like the prohibition of the foster relations. (For explanation, see ( E. N. 23 of Surah Luqman).
Here, it would be useful to know that according to the latest medical research a child needs at least 28 weeks to remain in the mother’s womb to be developed and delivered as a living baby. This period amounts to a little more than 6 months. The Islamic law has allowed a concession of about half a month, because a woman’s being declared an adulteress and a child’s being deprived of lineage is a grave matter, and its gravity demands that maximum period be allowed to save both the mother and the child from its legal consequences. Furthermore, no physician and no judge, not even the pregnant woman herself and the man impregnating her, can know as to when exactly did the conception take place. This thing also demands that a few more days be allowed in determining the minimum legal period of pregnancy.
20. That is, O Lord, grant me the grace of such righteous deeds as may conform to Your law in the apparent form as well as be acceptable to You in their actual worth. If an action, however good in the sight of the people, does not conform to obedience to Allah’s law, it cannot have any value in the sight of Allah, no matter how highly it is praised by the people. On the contrary, another action which conforms to the Shariah exactly and has no flaw or deficiency in its apparent form, becomes hollow from within, on account of an evil intention, conceit, arrogance and greed of the world, is worthless in the sight of Allah.