یٰۤاَیُّهَا O you الَّذِیْنَ who اٰمَنُوْا believe! لَا (Do) not تَدْخُلُوْا enter بُیُوْتًا houses غَیْرَ other (than) بُیُوْتِكُمْ your houses حَتّٰی until تَسْتَاْنِسُوْا you have asked permission وَ تُسَلِّمُوْا and you have greeted عَلٰۤی [on] اَهْلِهَا ؕ its inhabitants ذٰلِكُمْ That خَیْرٌ (is) best لَّكُمْ for you لَعَلَّكُمْ so that you may تَذَكَّرُوْنَ pay heed 24. An-Nur Page 353 فَاِنْ But if لَّمْ not تَجِدُوْا you find فِیْهَاۤ in it اَحَدًا anyone فَلَا then (do) not تَدْخُلُوْهَا enter it حَتّٰی until یُؤْذَنَ permission has been given لَكُمْ ۚ to you وَ اِنْ And if قِیْلَ it is said لَكُمُ to you ارْجِعُوْا Go back فَارْجِعُوْا then go back هُوَ it اَزْكٰی (is) purer لَكُمْ ؕ for you وَ اللّٰهُ And Allah بِمَا of what تَعْمَلُوْنَ you do عَلِیْمٌ (is) All-Knower لَیْسَ Not عَلَیْكُمْ upon you جُنَاحٌ (is) any blame اَنْ that تَدْخُلُوْا you enter بُیُوْتًا houses غَیْرَ not مَسْكُوْنَةٍ inhabited فِیْهَا in it مَتَاعٌ (is) a provision لَّكُمْ ؕ for you وَ اللّٰهُ And Allah یَعْلَمُ knows مَا what تُبْدُوْنَ you reveal وَ مَا and what تَكْتُمُوْنَ you conceal قُلْ Say لِّلْمُؤْمِنِیْنَ to the believing men یَغُضُّوْا they should lower مِنْ their gaze اَبْصَارِهِمْ their gaze وَ یَحْفَظُوْا and they should guard فُرُوْجَهُمْ ؕ their chastity ذٰلِكَ That اَزْكٰی (is) purer لَهُمْ ؕ for them اِنَّ Indeed اللّٰهَ Allah خَبِیْرٌۢ (is) All-Aware بِمَا of what یَصْنَعُوْنَ they do وَ قُلْ And say لِّلْمُؤْمِنٰتِ to the believing women یَغْضُضْنَ (that) they should lower مِنْ [of] اَبْصَارِهِنَّ their gaze وَ یَحْفَظْنَ and they should guard فُرُوْجَهُنَّ their chastity وَ لَا and not یُبْدِیْنَ (to) display زِیْنَتَهُنَّ their adornment اِلَّا except مَا what ظَهَرَ is apparent مِنْهَا of it وَ لْیَضْرِبْنَ And let them draw بِخُمُرِهِنَّ their head covers عَلٰی over جُیُوْبِهِنَّ ۪ their bosoms وَ لَا and not یُبْدِیْنَ (to) display زِیْنَتَهُنَّ their adornment اِلَّا except لِبُعُوْلَتِهِنَّ to their husbands اَوْ or اٰبَآىِٕهِنَّ their fathers اَوْ or اٰبَآءِ fathers بُعُوْلَتِهِنَّ (of) their husbands اَوْ or اَبْنَآىِٕهِنَّ their sons اَوْ or اَبْنَآءِ sons بُعُوْلَتِهِنَّ (of) their husbands اَوْ or اِخْوَانِهِنَّ their brothers اَوْ or بَنِیْۤ sons اِخْوَانِهِنَّ (of) their brothers اَوْ or بَنِیْۤ sons اَخَوٰتِهِنَّ (of) their sisters اَوْ or نِسَآىِٕهِنَّ their women اَوْ or مَا what مَلَكَتْ possess اَیْمَانُهُنَّ their right hands اَوِ or التّٰبِعِیْنَ the attendants غَیْرِ having no physical desire اُولِی having no physical desire الْاِرْبَةِ having no physical desire مِنَ among الرِّجَالِ [the] men اَوِ or الطِّفْلِ [the] children الَّذِیْنَ who لَمْ (are) not یَظْهَرُوْا aware عَلٰی of عَوْرٰتِ private aspects النِّسَآءِ ۪ (of) the women وَ لَا And not یَضْرِبْنَ let them stamp بِاَرْجُلِهِنَّ their feet لِیُعْلَمَ to make known مَا what یُخْفِیْنَ they conceal مِنْ of زِیْنَتِهِنَّ ؕ their adornment وَ تُوْبُوْۤا And turn اِلَی to اللّٰهِ Allah جَمِیْعًا altogether اَیُّهَ O believers الْمُؤْمِنُوْنَ O believers لَعَلَّكُمْ So that you may تُفْلِحُوْنَ succeed 24. An-Nur Page 354 وَ اَنْكِحُوا And marry الْاَیَامٰی the single مِنْكُمْ among you وَ الصّٰلِحِیْنَ and the righteous مِنْ among عِبَادِكُمْ your male slaves وَ اِمَآىِٕكُمْ ؕ and your female slaves اِنْ If یَّكُوْنُوْا they are فُقَرَآءَ poor یُغْنِهِمُ Allah will enrich them اللّٰهُ Allah will enrich them مِنْ from فَضْلِهٖ ؕ His Bounty وَ اللّٰهُ And Allah وَاسِعٌ (is) All-Encompassing عَلِیْمٌ All-Knowing وَ لْیَسْتَعْفِفِ And let be chaste الَّذِیْنَ those who لَا (do) not یَجِدُوْنَ find نِكَاحًا (means for) marriage حَتّٰی until یُغْنِیَهُمُ Allah enriches them اللّٰهُ Allah enriches them مِنْ from فَضْلِهٖ ؕ His Bounty وَ الَّذِیْنَ And those who یَبْتَغُوْنَ seek الْكِتٰبَ the writing مِمَّا from (those) whom مَلَكَتْ possess اَیْمَانُكُمْ your right hands فَكَاتِبُوْهُمْ then give them (the) writing اِنْ if عَلِمْتُمْ you know فِیْهِمْ in them خَیْرًا ۖۗ any good وَّ اٰتُوْهُمْ and give them مِّنْ from مَّالِ the wealth of Allah اللّٰهِ the wealth of Allah الَّذِیْۤ which اٰتٰىكُمْ ؕ He has given you وَ لَا And (do) not تُكْرِهُوْا compel فَتَیٰتِكُمْ your slave girls عَلَی to الْبِغَآءِ [the] prostitution اِنْ if اَرَدْنَ they desire تَحَصُّنًا chastity لِّتَبْتَغُوْا that you may seek عَرَضَ temporary gain الْحَیٰوةِ (of) the life الدُّنْیَا ؕ (of) the world وَ مَنْ And whoever یُّكْرِهْهُّنَّ compels them فَاِنَّ then indeed اللّٰهَ Allah مِنْۢ after بَعْدِ after اِكْرَاهِهِنَّ their compulsion غَفُوْرٌ (is) Oft-Forgiving رَّحِیْمٌ Most Merciful وَ لَقَدْ And verily اَنْزَلْنَاۤ We have sent down اِلَیْكُمْ to you اٰیٰتٍ Verses مُّبَیِّنٰتٍ clear وَّ مَثَلًا and an example مِّنَ of الَّذِیْنَ those who خَلَوْا passed away مِنْ before you قَبْلِكُمْ before you وَ مَوْعِظَةً and an admonition لِّلْمُتَّقِیْنَ۠ for those who fear (Allah)
(24:27) Believers!23 Enter not houses other than your own houses until you have obtained the permission of the inmates24 of those houses and have greeted them with peace. This is better for you. It is expected that you will observe this.25
(24:28) Then if you find no one in them, do not enter until you have been given permission (to enter).26 And if you are told to go back, then do go back. This is a purer way for you.27 Allah knows all what you do.
(24:29) However, it is not blameworthy for you if you enter houses that are uninhabited but wherein there is something of use to you.28 Allah is well aware of what you disclose and what you conceal.
(24:30) (O Prophet), enjoin believing men to cast down their looks29 and guard their private parts.30 That is purer for them. Surely Allah is well aware of all what they do.
(24:31) And enjoin believing women to cast down their looks31 and guard their private32 parts33 and not reveal their adornment34 except that which is revealed of itself,35 and to draw their veils over their bosoms,36 and not to reveal their adornment save to their husbands,37 or their fathers, or the fathers of their husbands,38 or of their own sons, or the sons of their husbands,39 or their brothers,40 or the sons of their brothers,41 or the sons of their sisters,42 or the women with whom they associate,43 or those that are in their bondage,44 or the male attendants in their service free of sexual interest,45 or boys that are yet unaware of illicit matters pertaining to women.46 Nor should they stamp their feet on the ground in such manner that their hidden ornament becomes revealed.47 Believers, turn together, all of you, to Allah in repentance49 that you may attain true success.48
(24:32) Marry those of you that are single, (whether men or women),50 and those of your male and female slaves that are righteous.51, 52 If they are poor, Allah will enrich them out of His Bounty.53 Allah is Immensely Resourceful, All-Knowing.
(24:33) Let those who cannot afford to marry keep themselves chaste until Allah enriches them out of His Bounty.54 And write out a deed of manumission for such of your slaves that desire their freedom55 in lieu of payment56 - if you see any good in them57 - and give them out of the wealth that Allah has given you.58 And do not compel your slave-girls to prostitution for the sake of the benefits of worldly life the while they desire to remain chaste.59 And if anyone compels them to prostitution, Allah will be Most Pardoning, Much Merciful (to them) after their subjection to such compulsion.
(24:34) Verily We have sent down for you revelations which clearly expound true guidance, and examples of those who passed away before you, and an admonition for those who fear (Allah).60
23. The injunctions laid down in the early part of this surah aimed at remedying evils after they had appeared in society. They suggest how to deal with mischief once it has erupted. The injunctions that follow, those laid down w the present and following verses, aim at preventing the rise of evil and mischief. They aim at reforming man's collective life and at removing the causes which give rise to such evil.
Before studying these injunctions, it is necessary to clearly grasp the following points: (i) The laying down of these injunctions immediately after commenting on the slander incident clearly indicates that God viewed the levelling of an utterly false accusation against a person as august as the Prophet's wife and the spread of that accusation to be related to the social milieu, i.e. one which was charged with excessive sexuality. In order to change this sexually-charged milieu, it was necessary that people no longer be free to enter each other's houses; that men and women who were not related to each other should no longer be free to mix with each other; that women not be allowed to appear before unrelated males in a state that might allure the latter; that prostitution be altogether banned; that both men and women be discouraged from leading unmarried lives, and that even slaves, male and female, should be encouraged to marry. In other words, in 'God's sight the public appearance of women in an alluring manner and the presence of a large number of unmarried people in society were the two main causes which endowed the social milieu with excessive sexuality. (See Abu Da'ud, K. al-Adab, 'Bab fi al-Isti'dhan' - Ed.) Precisely because of these reasons, people were more willing to indulge in and enjoy scandals, be they real or imaginary. So in order to reform this situation, God in His wisdom laid down injunctions that were most-appropriate, most suitable, and most effective. (ii) The concerns of the Shari'ah are not confined to forbidding evil and prescribing punishment for those who so commit evil. The Shari'ah rather seeks to remove the causes which either prompt, or create opportunities, or even compel people to indulge in those evils. Apart from forbidding offences, the Shari'ah also seeks to do away with the causes of those offences, as also with the factors that prompt people to commit them. This is done in order to prevent men from getting even close to evil. The role of the Shari'ah is not simply that of a prosecutor, but also of a sincere guide and counsellor. It, therefore, has recourse to all possible educational, moral and social measures so as to help people stay away from evil.
24. The words that are actually used in this verse are hatta tasta 'nisu. They are, however, generally taken to mean hatta tasta'dhinu. There is, however, a subtle difference between the two expressions which should not be overlooked. Had the Qur'an used the latter expression it would have meant: 'Do not enter others' houses unless you have obtained the permission of those who live in them.' The Qur'an, however, opted for the former expression: hatta tasta'nisu. As it is, the expression is derived from the root word (alif nun sin), and signifies one's having become familiar and friendly. Taken in this sense, the verse means: 'Do not enter others' houses unless you have become familiar with the inmates of those houses, or until you have ascertained that they feel at ease [at your entering their houses].' In other words, before entering a house one should make sure that the host is favorably disposed to oneself and one's visit. Our translation makes allowance for this subtle nuance. Moreover, in our opinion this interpretation is closer to the import of the verse.
25. In the days of Jahiltyah, the Arabs were accustomed to greeting the occupants of a house with expressions such as ('good morning' or 'good evening'). So saying, they would barge into each other's houses. Because of this sudden entry into the houses of others, accusationally they would find the occupants, especially women, in improper states. In order to avoid this, God laid down the rule that everyone has a right to privacy in his own house and it is not lawful to enter anyone's private quarters without the latter's consent.
Soon after the revelation of this verse the Prophet (peace be on him) promulgated certain laws and rules of behavior, which are mentioned below:
(i) The Prophet (peace be on him) declared the right to privacy a general rule. The result is that a person may not enter someone else's house without the prior consent of its occupant. This right to privacy became quite pervasive. As a result, people were also forbidden to peep into others' houses, or to look at them from the outside, so much so that people were not allowed to read letters addressed to anyone else without his/her permission. According to Thawban, a freed slave of the Prophet, the Prophet said: 'If someone's sight enters [a person's house] then there remains no occasion for seeking permission [to enter the house].' (Abu Da'ud, see loc. cit. - Ed.) According to Huzayl ibn Shurahbil, someone came to the Prophet's house and sought permission while standing right in front of the door to the house. The Prophet (peace be on him) said: 'Stand aside. The permission solicited is the permission to see' (Abu Da'ud). When the Prophet (peace be on him) visited someone he used to make a point of not standing in front of the door for in those days there used to be no curtains at the doors. He would stand on either side of the door and seek permission to enter. (See Abu Da'ud, K. al-Adab, 'Bab al-kam Marrah yusuallim al-Rajul fi al-Isti'dhan' - Ed.) Anas, who had the honor of serving the Prophet, says that once someone peeped into the Prophet's chamber and that at that moment the Prophet (peace be on him) had an arrow in his hand. The Prophet advanced towards him as though he was about to pierce the arrow into his belly. (See Abu Da'ud, K. al-Adab, 'Bab fi al-Isti'dhan' - Ed.) It is also reported by 'Abd Allah ibn 'Abbas that the Prophet (peace be on him) said: 'Whoever looks at the letter of his brother without his permission, it is as though he was peeping at the fire.' (See Abu Da'ud, K. al-Salah, 'Bab al-Du'a' - Ed.)
In works of Hadith one also finds the following tradition from the Prophet (peace be on him): 'If someone peeps into the living quarters of others, and if the latter knocks out his eye by throwing grit, they will not be taken to task for the loss of that person's eye.' (See Bukhari, K. al-Diyat, 'Bab man ittala'a ft Bayt Qawm fa faqa'u 'Aynah . . .' and Muslim, K. al-Adab, 'Bab Tahrim al-Nazar fi Bayt Ghayrih' - Ed.) Another hadith makes almost the same point: 'If a man peeps into a house, and the dwellers of the house gouge out his eye, they will not be held accountable for the loss of the eye.' (See Abu Da'ud, K. al-Adab, 'Babfi al-Isti'dhan' -Ed.)
Shafi'i takes this hadith in its literal sense, considering it permissible to gouge out the eye of one who peeps into your house. The Hanafis, however, interpret the verse somewhat differently. They contend that the Qur'anic injunction is not applicable in the case of simply casting a glance. Rather, if someone enters a house without permission and fails to stop though asked to do so by the members of that household, it is permissible for them to restrain him and they will not be taken to task if, during the course of their efforts his eye or any limb is damaged (Jassas, Ahkam al-Qur’an, vol. 3).
(ii) Some jurists are of the opinion that the interdiction against looking into someone's house also applies to trying to hear conversations which take place in that house. For example, if a blind person enters someone's house without the latter's permission, he would, of course, not be able to see anything but he could listen to the householder's conversation without their permission. This too constitutes a violation of another's privacy.
(iii) The injunction to seek permission before entering is not specific to entering the houses of strangers. One is required to do the same while entering the homes of close relatives. In fact, one is required to seek permission even from such close relatives as one's mother and sister. Someone asked the Prophet (peace be on him): 'Should I seek the permission of my mother when I visit her?' The Prophet (peace be on him) replied in the affirmative. He again submitted: 'There is no one besides me to attend to her. Should I seek her permission every time I visit her?' The Prophet (peace be on him) replied: 'Would you like to see your mother naked?' (Ibn Jarir al-Tabari has cited this mursal tradition on the authority of 'Ata' ibn Yasar, Muwatta', K. al-Isti 'dhan - Ed.) 'Abd Allah ibn Mas'ud's own opinion about the question is as follows: 'One should seek permission while visiting one's mother and sister' (Ibn Kathir). 'Abd Allah ibn Mas'ud also says that even when one goes to one's wife in one's own house one should give some indication of one's approach, by for example, clearing one's throat before entering. His wife, Zaynab, reports that before entering the house 'Abd Allah ibn Mas'ud used to indicate that he was about to enter, thus avoiding any suddenness (Ibn Jarir al-Tabari).
(iv) The only exemption from the requirement to obtain prior permission before entering someone's house is in situations of emergency. For example, in the event of fire or burglary, etc., one may enter a house without seeking prior permission.
(v) When the practice of seeking permission to enter someone's house was introduced, people were not familiar with its niceties. Once someone visited the Prophet (peace be on him) and while standing at the door he yelled: 'Should I enter?' The Prophet (peace be on him) told his slave-girl that the visitor was not aware of the proper way of seeking permission to enter someone's house. He asked her to tell the visitor that the proper way to seek permission was to say: 'Al-Salamu 'Alaykum. May I enter?' (See Abu Da'ud, K. al-Adab, 'Bab kayfa al-Isti'dhan' -Ed.) Jabir ibn 'Abd Allah narrates that once he went to the Prophet's house in connection with the debts of his late father and as he knocked at the Prophet's door the latter asked: 'Who are you?' I replied: 'This is me.' The Prophet (peace be on him) repeated the statement 'This is me', two or three times, meaning that it could not be made out from such a statement who the visitor was. (See Abu Da'ud, K. al-Adab, 'Bab al-Rajul yasta'dhin bi al-Daqq' - Ed.) Kaldah ibn Hanbal visited the Prophet (peace be on him) and took his seat without greeting him. The Prophet asked him to go out and re-enter after a proper greeting. (See Abu Da'ud, K. al-Adab, 'Bab kayfa al-Isti'dhan' - Ed.) The correct way to seek permission is to first mention one's name and then seek permission to enter the house. It is said that whenever 'Umar came to the Prophet (peace be on him) he would say: 'Peace be on you, O Messenger of God! May 'Umar enter?' (See Abu Da'ud, K. al-Adab, 'Bab fi al-Rajul yufariq al-Rajul thumma yalqah a-yusallim 'alayh' -Ed.) The Prophet (peace be on him) also stated that a person should seek permission no more than three times. If there was no response after that, the visitor should go away. (See Abu Da'ud, K. al-Adab, 'Bab kam Marrah yusallim al-Rajul fi al-Isti'dhan' - Ed.) The Prophet (peace be on him) himself followed this practice. Once he went to visit Sa'd ibn 'Ubadah and sought permission twice after greeting him. Still there was no response. When the Prophet (peace be on him) repeated the same for a third time and there was no response, he was about to leave. It was then that Sa'd ibn 'Ubadah rushed out, saying: 'O Messenger of God! I was listening. I thought that the greater the number of times that your blessed tongue mentions the Prayer of peace and mercy for me, the better it is. I, therefore, answered you in an almost inaudible voice.' (See Abu Da'ud, K. al-Adab, 'Bab kam Marrah yusallim al-Rajul fi al-Isti'dhan' - Ed.) Likewise, one should not seek permission intermittently. There-should rather be a pause after the permission is sought so that if the host is preoccupied with something, there is enough time for him to free himself of it and respond.
(vi) The owner of the house or any other person authorized by him, such as a servant or any other responsible person, should grant the visitor permission to enter. If only a child tells the visitor to enter, the latter should not enter on that basis.
(vii) It is not proper for a visitor to insist that permission necessarily be granted; indeed, one should go away if permission is refused. If one seeks permission three times and yet fails to obtain it, or if the host refuses to meet with one, the visitor should better return at some later date.
26. It is not permissible to enter someone's house unless the master of the house has granted prior permission to do so. For example, it would even be proper for a visitor to enter a house if the master of the house were absent providing such permission had been granted. However, it would not be proper for a visitor to enter a house without obtaining due permission from the master.
27. A person should not feel offended if someone refuses a meeting. For a person is perfectly within his rights to refuse meeting someone or to excuse himself from such a meeting if he is preoccupied with something else. According to jurists, once permission is refused, the visitor should not remain standing in front of the house. He should rather move away. No one has the right to force anyone to meet with him or to bother him by adamantly standing at his door.
28. This refers to public places such as hotels, guest houses, shops and other places which everyone is entitled to enter without obtaining any specific permission to do so.
29. The words used here are yaghuddu min absarihim. Literally the word ghadd denotes reducing or lowering something. The words ghadd al-basar, therefore, are usually translated as 'lowering one's gaze' or 'keeping one's gaze downwards'. This Qur'anic directive does not mean, however, that one should always gaze downwards. What it really means is that one should not look thoroughly at a certain thing; that one should not allow one's eyes to be unfettered in looking. In other words, one should avoid looking at things which it is improper to look at. This may be achieved either by avoiding looking at something by turning one's gaze away or by lowering it. Once again, the words min absarihim signify that some, rather than every kind of looking needs to be avoided. The use of the preposition min implies this. In other words, God does not intend that people should not look thoroughly at anything. God only wants that they should exercise restraint in looking at certain things. It becomes evident from the context that this directive is addressed to those men who focus their gaze on women, or who cast their glances at others' private parts, or who intentionally look at obscene objects.
Let us see then how this Qur'anic injunction is explained by the Sunnah of the Prophet (peace be on him):
(i) It is not permissible for a male to fix his gaze on a woman other than his wife or on women who are forbidden him in marriage. If he sees someone accidentally, then he is not blameworthy. What is reprehensible, however, is that he should cast his gaze at women towards whom he feels attracted, and that he repeats this act. In the Prophet's view, this is tantamount to adultery of the eye. He said that a person can indulge in unlawful sex through all his senses. To fix one's gaze on someone is the unlawful sex of the eye. To woo and cajole a woman constitutes an act of unlawful sex by the tongue. To seek enjoyment via a woman's charming voice is adultery of the ears. To touch someone with sexual passion and to proceed towards someone under the influence of sexual passion represents adultery of the hands and feet. After these preliminary acts comes the role of the sexual organs: they either go forth to the stage of culmination of the sexual act or they abstain from doing so. (See Bukhari, K. al-isti 'dhan, 'Bab Zina at-Jawarih dun al-Farj', Muslim, K. al-Qadar, 'Bab Qadar 'ala ibn Adam Khatar min al-Zina wa Ghayrih' and Abu Da'ud, K. al-Nikah, 'Bab fi ma yu'mar bih min Ghadd al-Basar' - Ed.)
According to a tradition narrated by Buraydah, the Prophet (peace be on him) told 'Ali ibn Abi Talib: 'O 'Ali Let the first glance not be followed by the other. You may cast the first glance, not the second.' (See Abu Da'ud, K. al-Nikah, 'Bab fi ma yu'mar bih min Ghadd al-Basar' and Tirmidhi, K. al-Adab, 'Bab ma ja' fi' al-Nazar min al-Mufaja'ah' - Ed.) Jarir ibn 'Abd Allah said that he asked the Prophet (peace be on him): 'What should I do if I see a woman by sheer chance?' He replied: Turn your gaze away or lower it.' (See Abu Da'ud, K. al-Nikah, 'Bab fi ma yu'mar bih min Ghadd al-Basar', Tirmidhi, K. al-Adab, 'Bab ma ja' fi al-Nazar min al-Mufaja'ah' and Muslim, K. al-Adab, 'Bab Nazar al-Faj'ah' - Ed.) It is narrated on the authority of 'Abd Allah ibn Mas'ud that the Prophet (peace be on him) said: 'God says: "Glance is one of the deadly arrows of Satan. He who forsakes it out of fear for Me, I shall grant him in lieu of that a faith whose sweetness he shall find in his heart".' (Tabarani.)
Abu Umamah narrates that the Prophet (peace be on him) said: 'There is not a Muslim who, after observing the attractions of a woman turns his gaze away, but Allah will cause his worship to become palatable to him.' (See Ahmad ibn Hanbal, Musnad, vol. 5, p. 264 - Ed.) According to a tradition on the authority of Jabir ibn 'Abd Allah al-Ansari narrated by al-Sadiq and his father, Muhammad al-Baqir, the Prophet's cousin, Fadl ibn 'Abbas, who was a young man at that time, was riding a camel with the Prophet while returning from al-Mash'ar al-Haram on the occasion of the Prophet's Farewell Pilgrimage. When women began to pass, the Prophet (peace be on him) put his hand on Fadl's face and turned it in the opposite direction. (See Abu Da'ud, K. al-Manasik, 'Bab al-RajulYahujj 'an Ghayrih' - Ed.) Another tradition states that during the same Farewell Pilgrimage a woman, belonging to the Khath'am tribe, stopped the Prophet (peace be on him) and asked him to clarify a point about Pilgrimage while Fadl ibn 'Abbas fixed his gaze on her. The Prophet (peace be on him) thus held him by the face and turned it in the other direction. (Bukhari, K. al-Hajj, 'Bab Wujub al-Hajj wa Fadlih . . .' and Abu Da'ud, K. al-Manasik, 'Bab al-Rajul Yahujj 'an Ghayrih' - Ed.)
(ii) This should not, however, give rise to the misunderstanding that the Qur'anic command to lower one's gaze was prescribed at a time when women were allowed to move around with their faces uncovered. Some have argued, for example, that if the faces of women were already covered, the directive would be pointless. Such a view is both irrational and contrary to the actual facts. The assumption underlying this argument is not tenable because even in a society where women kept their faces covered, there were occasions when a man and a woman might quite accidentally come face to face. Moreover, even a woman who kept her face covered might uncover it for one reason or another. Furthermore, even if Muslim women covered their faces, non-Muslim women were likely to move around with uncovered faces. Hence, the injunction that people should lower their gaze does not warrant the conclusion that the injunction concerned could have been given only in a society in which women did not keep their faces covered.
Our contention that such a presupposition is incorrect is established by the fact that the covering of their faces by women was a part of the lifestyle which came into vogue in Muslim society after the revelation of the injunctions about hijab in Surah al-Ahzab. Moreover, sufficient historical evidence is available to show that women covering their faces was practiced by Muslim women in the time of the Prophet (peace be on him). This point is borne out by an authentic tradition narrated by 'A'ishah in connection with the slander incident. This tradition has also been reported by chains of reliable narrators. 'A'ishah says that after her return from the open space, away from the camp, where she had gone to answer the call of nature, she discovered that she had been left behind and the caravan had moved ahead. She sat down and was so overcome with fatigue that she lay down and slept. Safwan passed that way in the morning and spotted someone lying on the ground as he drew closer. As soon as he saw her he recognized her, for he had seen her before the [revelation of the injunction regarding] hijab. When he recognized her and exclaimed inna lillah wa inna ilayh' raji'un she woke up and covered her face with her jilbab. (See Bukhari, K. al-Maghazi, 'Bab Hadith al-Ifk' - Ed.) (The Arabic text quoted here does not mention inna lillah - Ed.)
According to another tradition, the son of Umm Khallad had attained martyrdom in a battle. To enquire about him, she went to the Prophet (peace be on him) with a veil covering her face. This amazed some Companions who said to her in astonishment: 'Even in this state your face is covered?' What they meant was that the calamity with which she had been afflicted usually makes a woman oblivious to such things as dressing herself properly. To this she replied: 'I have lost my son, not my modesty.' (See Abu Da'ud, Kitab al-Jihad, 'Bab Fadl Qital al-Rum 'ala Ghayrihim min al-Umam' - Ed.) There is yet another tradition narrated by 'A'ishah that someone presented a paper to the Prophet (peace be on him) from behind a curtain. The Prophet asked whether that hand was of a man or of a woman. On being told that it was the hand of a woman, the Prophet (peace be on him) said: 'If she is a woman, she should have dyed her nails with henna.' (See Abu Da'ud, K. al-Tarajjul, 'Bab fi al-Khidab li al-Nisa" - Ed.)
As for the two incidents during the Farewell Pilgrimage they cannot be cited as proof that veiling of the face was not observed in the days of the Prophet (peace be on him). For in the state of ihram, it is forbidden to use niqab to cover the face. In fact, some women who are sensitive about veiling do not uncover their faces before unrelated males even during the state of ihram. 'A'ishah narrates that during the Farewell Pilgrimage while they were on their way to Makka in the state of ihram, they covered their faces when other pilgrims passed by but once they had gone they uncovered their faces. (See Abu Da'ud, K. al-Manasik, 'Bab fi al-Mahramah tughatti Wajhaha' - Ed.)
(iii) The only exceptions to this rule are those circumstances in which there is a genuine need to see a woman, e.g. seeing a woman whom one intends to marry. In this case, it is not only permissible to see her; it is in fact desirable that one should do so. Mughirah ibn Shu'bah narrates: 'I proposed to someone. The Prophet (peace be on him) asked me whether I had seen my prospective bride. When I replied in the negative, he said: "You better see her, for it might prompt a better understanding between the two of you." ' (See Tirmidhi, K. al-Nikah, 'Bab ma ja' fi al-Nazar ila al-Makhtubah' -Ed.)
Abu Hurayrah narrates that someone proposed to a woman. The Prophet (peace be on him) said: 'You better see her because the Ansar women [usually] have some defect in their eyes.' (See Muslim, K. al-Nikah, 'Bab Nudb al-Nazar ila Wajh al-Mar'ah wa Kaffayha li man yurid Tazawwajaha' - Ed.) Jabir ibn 'Abd Allah narrates that the Prophet (peace be on him) said: 'When any of you makes engagement with a woman, he should see whether she has something that would prompt him to marry her.' (See Abu Da'ud, K. al-Nikah, 'Bab fi al-Rajul yanzur ila al-Mar'ah wa huwa yurld Tazwajaha" - Ed.) A tradition on the authority of Abu Humaydah states that the Prophet (peace be on him) was asked whether one could see his prospective bride. According to Abu Humaydah the Prophet (peace be on him) replied that there was no harm in it. He also allowed that a person may even see her without her knowledge. (See Ahmad ibn Hanbal, Musnad, vol. 5, p. 424 - Ed.) Accordingly, jurists have inferred that it is permissible for a person to see a woman whenever there is any need to do so, for example, to see a suspect woman during interrogation. Likewise, a judge may see a female witness at the time she gives evidence, or a doctor may examine a female patient.
(iv) The purpose of this command, to look away, also implies that no one should look at the satr (the parts of the body which ought to remain covered) of a male or female. The Prophet (peace be on him) said: 'No male should look at the satr of another male or a female at the satr of another female.' (See Muslim, K. al-Haya, 'Bab Tahrim al-Nazar ila al-'Awrat' and TirmidhI, K. al-Adab, 'Bab fi Karahiyat Mubasharat al-Rijal al-Rijal wa al-Mar'ah al-Mar'ah' - Ed.) 'All said that the Prophet (peace be on him) said to him: 'Do not look at the thigh of a person, be he alive or dead.' (Abu Da'ud, K. al-Hammam, 'Bab al-Nahy 'an al-Ta'arri' - Ed.)
30. The directive 'to guard one's private parts' does not simply aim at dissuading people from engaging in unlawful satisfaction of their sexual passions. It also seeks to prevent people exposing their satr before others. For men, the satr denotes the entire part of the body from the naval to the knee. (See Ahmad ibn Hanbal, Musnad, vol. 2, p. 187 - Ed.) It is forbidden to deliberately expose one's satr before anyone other than one's wife. Jarhad al-Aslami reports that once his thigh became exposed while he was sitting in the Prophet's company. The Prophet (peace be on him) said to him: 'Do you not know that the thigh should be covered?' (See Abu Da'ud, K. al-Hammam, 'Bab al-Nahy 'an al-Ta'arri' - Ed.) 'All reports that the Prophet (peace be on him) said: 'Never expose your thigh [before others than your wife].' (See loc. cit.) It is prohibited to be naked even when one is alone, let alone in the presence of others. The Prophet (peace be on him) said: 'Beware! Do not remain nude. For there are angels of goodness and mercy who never part your company except when you go to answer the call of nature or when you approach your wives. Be shy of them [i.e. those angels] and hold them in respect.' (See Tirmidhi, K. al-Adab, 'Bab fi al-Istitar 'ind al-Jima" - Ed.) According to another tradition, the Prophet (peace be on him) said: 'Guard your satr except when you are in the company of your wife or slave-girl.' Someone asked the Prophet (peace be on him) what should one do when one is all alone? The Prophet (peace be on him) replied: 'God has greater rights over His servants that they should be shy of Him.' (See Abu Da'ud, K. al-Hammam, 'Bab ma ja" fi al-Ta'arri and Tirmidhi, K. al-Adab, 'Bab ma ja' fi Hifz al-'Awrah' - Ed.) (31) And enjoin believing women to restrain their gaze31 and guard their private parts32 and33 additionally not to reveal their adornment34 except that which is revealed of itself;
31. On the whole, the rules pertaining to restraining one's looks are to be followed by men as well as by women. So similarly, if women accidentally happen to see a male, they should look away. Like men, they should also refrain from looking at the satr of others.
There is, however, a slight difference in the detailed ruling about women looking at men as compared with men looking at women. For in one hadith we come across an incident whereby Umm Salamah and Maymunah are sitting with the Prophet (peace be on him). Ibn Umm Maktum also arrived there. The Prophet (peace be on him) asked both of his wives to observe hijab from him. The wives said: 'O Messenger of God, is he not blind? He will neither see nor recognize us.' The Prophet replied: 'Are you also blind? Do you not see him?' Umm Salamah clarifies that this incident happened after the Qur'anic command about hijab was revealed. (See Tirmidhi, K. al-Adab, 'Bab ma ja' fi Ihtijab al-Nisa' min al-Rajul' - Ed.) This point is further reinforced by a tradition in Muwatta' whereby when a blind person visited 'A'ishah, she observed hijab. It was pointed out to her that there was no need to do so since he could not see her. To this she replied: 'But I see him.'
On the other hand, there is a tradition also narrated by 'A'ishah. In 7 A.H. a delegation of Negroes visited Madina and presented a show in the precincts of the Prophet's Mosque. On this occasion the Prophet (peace be on him) asked 'A'ishah to join him and see the show. (See Bukhari, K. al-Salah, 'Bab Ashab al-Hurub fi al-Masjid" and Muslim, K. al-Salat al-'Idayan, 'Bab al-Rukhsah fi al-La'b al-ladhi la Ma'siyah fih fi Ayyam al-'Id' - Ed.) Moreover, when the husband of Fatimah bint Qays divorced her three times, she was faced with the problem of where to spend the period of her 'iddah. The Prophet (peace be on him) first told her to stay with Umm Sharik of the Ansar. Later on he said to her: 'Many of my Companions visit her. [Since Umm Sharik was a very rich and generous lady, she received many guests and played host to them.] You should therefore stay with Ibn Umm Maktum instead. He is a blind person and you can stay there without any difficulty.' (See Muslim, K. al-Talaq, 'Bab Mutallaqah Thalathatan la Nafqata laha" - Ed.)
When we bring all these traditions together, they suggest that the rules regarding women looking at men are not as strict as those regarding men looking at women. For example, women are not allowed to look at men in close proximity, say sitting in an assembly, but they can look at men from a distance, or look at men who are taking part in a lawful play or show. Additionally, if there is genuine necessity, they may look at men even if they are in the same house. Almost the same view has been derived from the relevant traditions by Ghazali and Ibn Hajar al-'Asqalani. Ibn Hajar says: 'The permission [for women to look at men] is supported by the fact that it was always held permissible for women to go out. The women who went to mosques or market places or on journeys covered their faces with niqab so that men may not see them. But men were never commanded to cover their faces so that women could not see them. This shows that the rules with regard to the two vary.' (Shawkani, Nayl al-Awtar, vol. 6, p. 101.) Having said this, it must also be pointed out that women are not allowed to freely gaze at men, satisfying the thirst of their eyes with men's attractiveness.
32. Believing women are asked to shun any unlawful gratification of their sexual urges and to refrain from exposing their satr before others. These directives are applicable to both men and women, though the parts of the body that constitute satr for men are different from the parts of the body that constitute satr for women. Likewise, the parts of a woman's body which may not be exposed before men differ from the parts of a man's body which may not be exposed before women.
A woman may not expose any part of her body other than her hands and face before men. No other part of her body should be exposed before anyone other than her husband, and this prohibition applies even to her father and brother. Nor should a woman wear such transparent or tight clothes that expose her body or reveal its shape. According to 'A'ishah, when her sister Asma' visited the Prophet (peace be on him) she was wearing a semi-transparent dress. As soon as the Prophet saw her, he turned his face away, saying: 'O Asma'! When a girl attains puberty, it is not appropriate that any part of the body other than this and this should be visible.' So saying he pointed to his face and cuffs. (See Abu Da'ud, K. al-Libas, 'Bab fi ma tubdi'u al-Mar'ah 'an Zinatiha' - Ed.) A similar tradition is narrated by Ibn Jarir al-Tabari on the authority of 'A'ishah. The daughter of 'A'ishah's uterine brother, 'Abd Allah ibn al-Tufayl had come to visit her. When the Prophet (peace be on him) came home and saw her, he turned his face away. 'A'ishah introduced her, saying that she was her niece. The Prophet (peace be on him) said: 'When a girl attains puberty, it is not permissible for her to reveal any part of her body except her face and except what is less than this.' Then he clasped his forearm, leaving between the spot he had clasped the measure of another clasp. Thus, he identified the exact position of the forearm which might remain uncovered.
Some relaxation on this count may be made by a woman with those of her close relatives with whom for her marriage is forbidden (such as her father and brother). For example, she is permitted not to cover those parts of her body whose use is required in connection with domestic chores. She may thus expose her arms for kneading bread, or she may fold up her clothes a little above the usual position while washing the floor [which would also expose a part of her legs].
As for the satr of women in the presence of other women, this is the same as the satr of men in the presence of other men. This consists of the whole part of the body between the navel and the knee. This does not, however, mean that a woman may remain semi-naked in the company of other women. Rather, the point is that while it is obligatory to cover the whole body from the navel to the knee, it is not obligatory to cover other parts of the body.
33. It is worth noting that the requirement of the Shari'ah with regard to women is different to what it requires of men. The Shari'ah requires men to keep their looks away from the opposite sex and to guard their chastity. Women, however, are required to abide by some additional rules as well. This makes it quite clear that in this particular regard the sexes are not alike.
34. We have translated the word zinah in this verse to mean 'adornment'. This essentially consists of those means used by women to make themselves look attractive: (i) good dress; (ii) ornaments, and (iii) other cosmetics used by women the world over to beautify their heads, faces, hands and feet. As for the question as to before whom can a woman display or not display these adornments, we shall discuss this later. (See nn. 37 ff. below.)
35. Even though this verse is quite clear in its meaning, its true import has become somewhat ambiguous because of the numerous interpretations to which it has been subjected by Qur'anic commentators. Women are asked in the present verse not to reveal their adornments. This is followed by giving expression to exceptions in the words ilia ma zahara minha ('that which is revealed of itself).
Obviously, the intent of the verse is that women themselves should not intentionally display their charms and beauty. However, it is possible that certain attractive objects about them might nevertheless be revealed: for example, the outer garment might be blown up by the wind causing some of a woman's adornments to be exposed. When such things happen, the women concerned are not to be blamed. This meaning of the Qur'anic verse is ascribed to 'Abd Allah ibn Mas'ud, Hasan al-Basri, Muhammad ibn Sinn and Ibrahim al-Nakha'i.
On the other hand, some commentators tend to interpret the latter part of the verse to mean permission to uncover that which it is customary to keep uncovered. They include the face and hands along with all that is used to beautify them. According to them, it is perfectly permissible for a woman to wear make-up on her face and hands and adorn them with ornaments and display them publicly. 'Abd Allah ibn 'Abbas and his disciples are credited with this opinion which is also shared by the majority of Hanafi jurists. (See al-Jassas, Ahkam al-Qur'an, Surah al-Nur, comments on verse 31 - Ed.)
It is, however, totally beyond us as to how the Qur'anic expression mentioned above can be stretched to justify such an interpretation. Were one to accept this interpretation, one would be considering the words ma zahara as equivalent with mayuzhiru. There is a world of difference between revealing something and something being revealed of itself. The Qur'an, no doubt, makes allowance for something which is revealed of itself. To interpret the verse to signify granting women permission to go about deliberately displaying their adornments which are attractive to men runs counter to the intent of the Qur'an let them draw their veils over their bosoms,36 and not to reveal their adornment to any save37 to their husbands, or their fathers, or the fathers of their husbands,38 ^
Such a view is also discordant with the authentic traditions which indicate that after the Qur'anic commands pertaining to hijab were revealed, women did not appear in public with their faces uncovered. The hijab injunction included the requirement to cover the face, and the veil thus assumed the position of an indispensable part of the female attire except in the state of ihram.
What is more intriguing is the argument put forward in support of the view that the face and hands do not constitute the prohibited parts (satr) of the female body. For the injunctions regarding satr and hijab are two entirely different things. As for the injunction to keep one's satr covered, this applies even in the case of those men with whom marriage is forbidden. On the other hand, hijab is an additional requirement laid down for women in respect of unrelated men. It should be emphasized that the point under discussion in this verse is hijab rather than satr.
36. In the days of Jahiliyah women had their hair tied with a kind of headband which was fastened by a knot at the rear of the head. The front slit in their shirt remained partly open, thus revealing their neck and the upper part of their bosom. They wore nothing except this shirt to cover their breasts. Their hair was worn in two or three plaits which dangled freely behind. (See Zamakhshari, al-Kashshaf, vol. 2, p. 990 and Ibn Kathir, vol. 3, pp. 283-4.) Consequent upon the revelation of this verse, the practice of wearing a veil came into vogue among Muslim women. This veil was not used then in the manner Muslim women have begun to use it in our own time - as if it were a garland of cloth adorning their necks. Instead, it fully covered their head, waist and breasts.
No sooner had this verse been revealed than Muslim women hastened to change their dress sense. Praising believing women in this regard, 'A'ishah said: 'When Surah al-Nur was revealed and the Prophet's Companions returned to their homes and recited its verses to their wives, daughters and sisters, there was not a single woman among the Ansar who was not moved by the words ". . . let them draw their veils over their bosoms" (verse 31). Immediately every one of them made veils out of whatever they had: a waist-band or a sheet of cloth. The next day, all Muslim women were present in the Prophet's Mosque for Fajr Prayers with their veils.' Another tradition from 'A'ishah contains the additional information that Muslim women cast away their transparent and semi-transparent clothes and especially selected thick material for their veil. (Ibn Kathir and Abu Da'ud, Kitab al-Libas, 'Bab Qawl Allah ta'ala: yudnin 'alayhinna min Jalabibihinna' and 'wa la-yadribna bi Khumrihinna 'ala Juyubihinna' - Ed.)
That the veil should not be of thin material is something which conforms with the spirit of these injunctions, and no one had any difficulty in arriving at that conclusion. The Ansar women understood full well what kind of cloth should be used for the veil. Nonetheless, the Prophet (peace be on him) did not leave this matter to the understanding of the people, Rather, he made it clear in quite unmistakable terms. Once the Prophet (peace be on him) was presented with a thick material made in Egypt. He divided it into two and presented it to one of his Companions, saying: 'One is for your shirt, and the other is for your wife's veil. You should direct her to use an additional material inside so that the features of the body are not revealed.' (See Abu Da'ud, Kitab al-Libas, 'Bab ma ja' fi Libs al-Qabati li-al-Nisa' - Ed.)
37. The relatives mentioned here form the social circle of close relatives among whom a woman is perfectly free to go about adorned with make-up and cosmetics. However, she is not allowed to display her beauty in front of anyone other than those here mentioned regardless of whether they are related to her or not. The Qur'an commanded women '... not to reveal their adornment except that which is revealed of itself...' (verse 31). Here that very injunction is elaborated upon. This consists of emphasizing that a woman should not display her adornment, either deliberately or out of negligence, before anyone outside this well-defined circle of very close relatives. Nonetheless, if any lapses occur, despite a woman's efforts not to display her attractions and without her intent, or because it was not possible for her to keep herself covered despite her wanting to do so, God extends His assurance to such believing women that He will pardon them.
38. The word aba' used in this verse covers one's father, both maternal and paternal, as also grandfathers and great-grandfathers. A woman may, therefore, appear before these elders of either her own family or of her husband's family in the same manner as she may appear before both her father and father-in-law.
39. The abna'ihinna ('their sons') covers, apart from their own sons, their grandsons and great grandsons, i.e. those born both of one's sons and daughters. Furthermore, no distinction is made between one's own sons and one's step¬ sons. A woman may appear freely before the children of her step-sons as she may appear before her own children and grandchildren.
40. 'Brothers' here covers both real and step-brothers.
41. This refers to a woman's nieces and nephews, whether they are born of her brother or sister, and whether those brothers and sisters are real or are step¬ brothers and step-sisters.
42. Here the discussion about relatives is concluded. What follows is a discussion on how a woman is to appear before non-relatives. It seems necessary at this stage to fully comprehend three things, for without this confusion is bound to arise.
The first and foremost point is that some people consider that a woman is free to appear before only those relatives who are specified in this verse. They believe that a woman is obliged to observe full hijab with all others including even her own uncles, both maternal and paternal. They cite the present Qur'anic verse in support of this view, saying that in the verse no other relatives are mentioned.
This is not, however, the correct position. The Prophet (peace be on him) did not let' A' ishah observe hijab with her foster uncles, let alone her own uncles. In the six most authentic works of Hadith and in the Musnad of Ahmad ibn Hanbal we find a tradition from 'A'ishah herself that Aflah, Abu al-Qu'ays's brother, visited her and sought permission to enter the house. Since the Qur'anic command about hijab had already been revealed, 'A'ishah did not grant him such permission. Aflah sent word to her that she was his niece, being the foster daughter of his brother's wife. 'A'ishah was unsure about whether such a relative belonged to that category specified in the Qur'an with whom it was not necessary to observe hijab. Meanwhile the Prophet (peace be on him) arrived and told 'A'ishah that Aflah may visit her. (See Bukhari, K. al-Tafsir, 'Bab Tafslr Tanzil al-Sajdah', 'Bab Qawlih: in-tubdu Shay'an aw tukhfuh fa inna Allah kana bi-kull Shay'in 'Alima' and Muslim, K. al-Rida'. 'Bab Tahrim min ma' al-Fahl' - Ed.)
One, thus, learns that the Prophet (peace be on him) did not interpret this verse to mean that a woman was required to observe hijab with all her relatives except those mentioned in the present verse. He rather derived from this verse the general rule that a woman need not observe hijab with all those relatives with whom for her marriage is forbidden. This category of relatives includes her uncles, both maternal and paternal, her sons-in-law and foster relatives. Among the Successors, Hasan al-Basri held the same opinion, one which Jassas supported in his work. (See Ahkam al-Qur'an, Tafsir Surah al-Nur (verse 31), 'Bab ma yajibu min Ghadd al-Basar 'an al-Muharramat' - Ed.)
The second point that might cause some confusion pertains to those relatives with whom neither marriage is permanently forbidden (which would make it permissible for a woman to freely appear before them) nor whom are total strangers so that it would be required to observe strict hijab. The position with regard to such people has not been specifically laid down by the Shari'ah. Therefore, a categorical ruling about them cannot be given. For such a ruling is contingent upon many considerations such as the nature of their kinship, their age, the age of the woman concerned, the nature of the relations between the two families, and the living conditions of the persons concerned (such as sharing a house or living separately, etc.). Since these circumstances vary from case to case, the ruling will also differ from one case to another. Furthermore, this is the guidance that we receive from the Prophet's own conduct. We learn from many ahadith that Asma' bint Abi Bakr, 'A'ishah's sister, used to appear before the Prophet (peace be on him) and even in the very last days of his life she did not cover her face and hands in his presence. We have also found a tradition to this effect which pertains to the time of the Prophet's Farewell Pilgrimage, i.e. only a few months before he passed away. This shows that the practice mentioned above also obtained till the very last days of the Prophet's life. (See Abu Da'ud, Kitab al-Hajj, 'Bab al-Mahram Yu'addibu Ghulamah'.) Likewise, Umm Hani, the Prophet's cousin and Abu Talib's daughter, appeared before the Prophet (peace be on him) and she covered neither her face nor her hands in his presence. She narrates an incident that took place at the time of the conquest of Makka which substantiates this. (See Abu Da'ud, Kitab al-Sawm, 'Bab fi al-Niyah fi al-Siyam wa al-Rukhsah fih' - Ed.)
There is also a tradition to the effect that 'Abbas sent his son Fadl and Rabi'ah ibn Harith ibn 'Abd al-Muttalib (the Prophet's cousin) to the Prophet. He directed them to ask the Prophet (peace be on him) for employment, this because they were new adults and so should work in order to render themselves suitable for marriage. Both of them called on the Prophet at Zaynab's house. Zaynab, one of the Prophet's wives, was the maternal cousin of Fadl. She thus had the same relationship with Rabi'ah as she had with Fadl, and yet she did not appear before them, and in the Prophet's presence she talked to them from behind a curtain. (See Abu Da'ud, Kitab al-Kharaj, wa al-Imarah wa al-Fay', 'Bab fi Bayan Mawadi' Qasm al-Khums wa Sahm dhi al-Qurba" - Ed.) When we consider the two types of traditions mentioned above, it seems that the correct position is that which we have just documented.
Third, whenever there is any doubt regarding the kinship between a woman and any of her relatives, it is preferable for her to observe hijab, even if the man happens to be among those with whom marriage is forbidden. We learn that Sawdah, one of the wives of the Prophet (peace be on him), had a step-brother (being the son of his father from a slave-girl). Sa'd ibn Abi Waqqas's brother, 'Utbah, left a will addressed to Sa'd wherein he urged him to patronize this boy, considering him his own nephew because he was 'Utbah's son. The case was presented before the Prophet (peace be on him), but he rejected Sa'd's claim saying: The child belongs to the one on whose bed it was born, and he who committed adultery will be lapidated.' At the same time, the Prophet (peace be on him) told Sawdah to observe hijab since there was doubt about whether he was her brother or not.
43. The words used are nisa 'ihinna which translate as 'the women with whom they associate'. We shall consider a little later on who these women are.
The first point which merits attention here is that the word al-nisa', which has a highly general connotation, has not been employed in this verse. For had it been used it would have been permissible for a Muslim woman to appear and display her attractions before all kinds of women. Instead, the words nisa 'ihinna are used which has a relatively restricted connotation implying some restrictions, regardless of what they are, on a Muslim's freedom to associate with other women.
So who are the women to whom the words nisa 'ihinna apply? Commentators on the Qur'an and jurists hold different opinions on this matter. According to some, the expression signifies only Muslim women. A Muslim woman is required to observe hijab with non-Muslim women, whether they are dhimmis or otherwise, in the manner she is required to observe hijab with men. They support this opinion by reference to 'Abd Allah ibn 'Abbas, Mujahid and Ibn Jurayj whose views are the same. They also cite the incident that 'Umar documented in writing to Abu 'Ubaydah ibn al-Jarrah: 'I have come to know that some Muslim women have been visiting public baths along with non-Muslim women, this although it is not lawful for any woman who believes in God and the Last Day to allow those belonging to some other faith to see her body.' When Abu 'Ubaydah received this letter he was greatly upset and exclaimed: 'By God, a Muslim woman who visits the public bath merely to develop a fair complexion will have her face blackened on the Last Day.' (Ibn Jarir al-Tabari, Bayhaqi and Ibn Kathir.)
Other jurists are of the opinion that the expression, nisa'ihinna, embraces all women. This is the view of Fakhr al-DIn al-RazI. It is, however, hard to appreciate this since had all women been meant, why was the restrictive expression nisa'ihinna used? If that had been the case, it would have been appropriate to use al-nisa'.
There is a third opinion which seems both reasonable and in consonance with the spirit of the Qur'an whereby the expression signifies all those women with whom a Muslim woman enjoys acquaintanceship or friendship, all those women who share with her the burden of domestic chores, whether they are Muslim or non-Muslim.
It seems that the purpose of this Qur'anic verse is to exclude unrestricted association with those women who are total strangers or whose character and conduct are either not known or who are of doubtful character, making them unworthy of trust. This view seems to be corroborated by those authentic traditions which mention that non-Muslim women used to visit the wives of the Prophet (peace be on him). In such matters the main consideration should be the character of the women concerned rather than their formal affiliation with one religious community or another. Muslim women may mix freely with all women of good character, with all women who are modest, good-mannered, and belong to families that are well known and are considered trustworthy regardless of whether they are Muslim or non-Muslim. On the other hand, no decent woman should mix freely with women who are devoid of modesty and a sense of honor and are, on the whole, women of low character, even if they are 'Muslims'. This because to mix with women of this type would be no different than a woman freely mixing with men. In our view, a Muslim woman should treat women whose character and conduct are not known to her in the manner she would treat her non-mahram relatives. That is, a Muslim woman may appear before them without covering her face and hands, although all other parts of her body should be fully covered. (See also n. 42 above - Ed.)
44. Jurists have a variety of opinions regarding the import of this injunction. Some consider ma malakat aymanuhunna ('those that are in bondage') to signify only those slave-girls whom a woman owns. According to these jurists, a Muslim woman may display her adornments before her slave-girls regardless of whether they are polytheists or followers of the Scriptures. However, with male slaves, a woman should observe the same restrictions as apply to free men who are not related to her. This opinion is held by 'Abd Allah ibn Mas'ud, Mujahid, Hasan al-Basri, Muhammad ibn Sinn, Sa'Id ibn al-Musayyab, Ta'us and Abu Hanifah. A statement to this effect has also been reported on the authority of Shaffi’i. These scholars argue that a male slave cannot be considered the mahram of the woman who owns him. If the slave becomes free, he may marry the woman who previously owned him.
It may be asked why the words ma malakat aymanuhunna, which are of general significance denoting slaves of both the sexes, are interpreted restrictively to mean only slave-girls to the exclusion of male slaves? in response, scholars point out that even though the words used here are of general significance, it is the context that makes them specific to slave-girls only. For, it is evident from the words nisa 'ihinna used in the verse that a woman may freely mix with those women who have either kinship with her or with whom she is acquainted. This could have led to the misunderstanding that a woman's slave-girls were excluded from the category of those women with whom she may freely mix. All grounds for any such misunderstanding were removed by employing the words ma malakat aymanuhunna, suggesting thereby that a Muslim woman may freely mix with her slave-girls without having to conceal her adornments from them, in the way that she may do with free women.
According to another group of scholars, both female and male slaves are included in the category of persons before whom a Muslim woman is not required to conceal her adornments. This opinion is attributed to 'A'ishah, Umm Salamah and some leading jurists among the descendants of the Prophet (peace be on him). It is also generally considered to be the opinion of Shafi'i. These scholars support their opinion by reiterating that the expression ma malakat aymanuhunna is of general significance. Additionally, they argue, on the basis of the Sunnah of the Prophet (peace be on him), that reference is made to a visit the Prophet (peace be on him) made to his daughter Fatimah along with a male slave, 'Abd Allah. At that time, she was wearing a sheet of cloth which was not long enough. If she had covered her head with it this would have left her feet uncovered and vice versa. On observing Fatimah's embarrassment, the Prophet (peace be on him) said: "There is no blame on you. It is only your father and your slave who are here.' (See Abu Da'ud, K. al-Libas, 'Bab fi al-'Abd yanzur ila sha'r Mawlatih' - Ed.) In his Ta 'rikh Dimashq, Ibn ' Asakir states that the Prophet (peace be on him) had presented this slave to Fatimah who first brought him up and then set him free. (Curiously enough, this slave repaid Fatimah for the good she had done him in a strange way. He became 'Ali's worst enemy and a staunch supporter of Mu'awiyah during the Battle of Siffin!) These jurists also cite the following saying of the Prophet (peace be on him) in support of this opinion: 'When any of you women enter into mukatabah with your slave and he is in a position to repay the amount stipulated in that regard, it is required of such a woman that she observe hijab with that slave.' (See Abu Da'ud. K. al- 'Itq, 'Bab fi al-Mukatib yuwaddi Ba'd Kitabatih fa ya'jiz wa yamut' and Tirmidhl, K. al-Buyu', 'Bab Ba'd ma ja' fi al-Mukatib idha kan 'induh ma yuwaddl' - Ed.)
45. The expression: means 'the male attendants in their service who are free of sexual interest'. These words indicate that a Muslim woman may display her adornments to any males other than her mahram (i.e. those with whom for her marriage is permanently forbidden), only when two conditions are fulfilled. First, that such a person should be in a state of subservience and subordination to her, and second, that he should be free of sexual desire either owing to his advanced age, physical infirmity, imbecility, utter destitution, or owing to his subordinate status which renders him unable even to think of any sexual relations with the wife, daughter, sister or mother of the master of the household. Anyone who studies this injunction with the intent of following the commands of God, rather than simply finding loopholes that provide him with a pretext to violate the purpose of the Law, will readily observe that cooks, bearers, chauffeurs, and other youthful male servants with whom women in our time tend not to observe any restrictions of hijab cannot be considered a part of this definition.
Let us now see how different scholars have interpreted these words:
(i) 'Abd Allah ibn 'Abbas regards these words to signify imbeciles who have no interest in women.
(ii) Qatadah considers these words to mean a destitute who remains inalienably attached to someone because of his need for daily bread.
(iii) Mujahid considers these words to denote an idiot who is concerned with bread rather than women.
(iv) Sha'bi believes these words to mean a person who is subordinate to and dependent on the head of a family, and who lacks the courage even to look at women.
(v) According to Ibn Zayd, these words denote a person who persists with a family, in which he has been brought up, to such an extent as though he has become a member of the family. He does not cast amorous glances at the women of the family and even lacks the courage to do so. He persists with the family for the sake of his daily bread.
( vi) Ta' us and Zuhri believe that these words signify a stupid person who neither has any desire for women, nor the courage to seek them. (Ibn Jarir al-Tabari, vol. 18. pp. 95-6 and Ibn Kathir, vol. 3, p. 285.)
Much more illuminating than all this is the following incident which took place in the time of the Prophet (peace be on him). This has been narrated on the authority of 'A'ishah and Umm Salamah. There was a eunuch in Madina who was considered to belong to the category of ghayr uli al-irbah min al-rijal (i.e. men free of sexual interest) by the Prophet's wives and other women and who, therefore, had free access to their houses. Once while the Prophet (peace be on him) was visiting his wife Umm Salamah he overheard the eunuch talking to 'Abd Allah ibn Abu Umayyah, Umm Salamah's brother. He was telling 'Abd Allah that if Ta'if was conquered he should make a point of getting hold of Badiyah, the daughter of Ghaylan al-Thaqafi. He then started to praise her beauty vividly and describe her bodily attractions. He even graphically described the beauty of those parts of the body which are not normally visible. When the Prophet (peace be on him) heard him saying all this, he interrupted him: 'O enemy of God! You have watched her so closely.' Then he ordered all women to observe hijab with the eunuch and also forbade him to enter peoples' houses. Additionally, he banished him from Madina, and also forbade other eunuchs from entering the inner apartments. He did so because women, under the impression that they were eunuchs, and hence free of sexual desire, tended to relax their attitudes towards them. This enabled many eunuchs to observe the women of the household very closely and to inform others about their charms. (See Bukhari, K. al-Maghazi, 'Bab Ghazwat al-Ta'if fi Shawwal Sanat Thaman' and Muslim, K. al-Salam, 'Bab Man' al-Mukhannath min al-Dukhul 'ala al-Nisa' al-Ajanib' - Ed.)
We thus learn that in order for someone to be considered as belonging to the category of ghayr uli al-irbah min al-rijal it is not enough for him to be physically incapable of the sexual act. What needs to be fully ensured is that such a person is altogether free of sexual desire, of every vestige of the same, and that he is truly not at all interested in women. For if there is even an iota of sexual desire in him, he is liable to cause much mischief.
46. That is those whose sexual urges have not yet been awakened. Included in this category are boys between 10 and 12 years of age. Although older boys may not have reached adolescence in a strictly technical sense, nevertheless they do have sexual desires.
47. The Prophet (peace be on him) did not restrict this injunction stopping women from stamping their feet and so revealing their hidden ornaments just on the basis of that action. Instead, he derived from this injunction the general principle that any act which arouses the sexual passion of men, whether through hearing, sight or any other sense, comes into conflict with the purpose underlying God's directive to women that they may not reveal their adornments before men. Hence, the Prophet (peace be on him) asked women not to go out wearing perfume. Abu Hurayrah narrates that the Prophet (peace be on him) said: 'Do not prevent God's bondswomen from entering the mosque. But they should not go out in perfume.' (See Abu Da'ud, K. al-Salah, 'Bab ma ja' fi Khuruj al-Nisa' ila al-Masjid' —Ed.) The same point is made in another tradition: A woman was going out of the mosque when Abu Hurayrah passed her. He noted that she was wearing perfume. Stopping her he asked: 'O servant of God, are you coming from the mosque?' When she replied in the affirmative, Abu Hurayrah told her: 'I heard my beloved Abu al-Qasim [Muhammad] say: "The Prayer of a woman who wears perfume in a mosque is not accepted until she takes the bath of ritual purification at home." ' (See Abu Da'ud, K. al-Tarajjul, 'Bab ma ja' fi al-Mar'ah tatatayyib li al-Khuruj' - Ed.) According to Abu Musa al-Ash'arl, the Prophet (peace be on him) said: 'If a woman goes out after wearing perfume so that the men by whom she passes may enjoy the fragrance of the perfume she is a so and so', and here he used a very harsh word for such a woman. (See loc. cit. - Ed.) The Prophet (peace be on him) directed women that if they were to wear perfume, they should wear one whose color is bright. (See loc. cit. - Ed.)
In like manner, the Prophet (peace be on him) disapproved of women unnecessarily making men hear their voice. The Qur'an itself allows women to talk to men when it is necessary. (This seems to be the implication of al-Ahzab 33: 32 - Ed.) It is also known that the Prophet's wives themselves explained religious matters to people. But when no religious or moral benefit is expected to ensue from women talking to men, it is not considered desirable that they provide men with an opportunity to be gratified by the charm of the female voice. Islam's attitude in this respect seems to be indicated by the following legal ruling: Whenever the imam (leader) of the Prayer forgets something men are required to say Subhan Allah in order to draw his attention to that lapse, whereas women are required to clap mildly for the same purpose. (See Bukhari, K. al-'Amalfi al-Salah. 'Bab al-Tasfiq li al-Nisa'' and Muslim, K. al-Salah, 'Bab tusabbih al-Rajul wa tusaffiq al-Mar'ah idha nabahuma Shay' fi al-Salah' - Ed.)
48. Believers are asked to repent for their lapses on this particular count. They are further directed to mend their ways and mold their conduct in accordance with the directives of God and His Messenger.
49. It seems pertinent to state briefly some other reforms that were introduced into Muslim society by the Prophet (peace be on him) which are in keeping with the spirit of the above Qur'anic injunctions: (i) The Prophet (peace be on him), forbade people, even a woman's male relatives, from meeting her alone, i.e. in the absence of any of her mahram relatives. Jabir ibn 'Abd Allah narrates that the Prophet (peace be on him) said: 'Do not visit women whose husbands are away, for Satan circulates in each of you like blood.' (See TirmidhI, K. al-Rida', 'Bab ma ja' fi Karahiyat al-Dukhul 'ala al-Mughibat" - Ed.) According to another tradition narrated by Jabir ibn 'Abd Allah, the Prophet (peace be on him) said: 'Anyone who believes in God and the Last Day should never meet a woman in privacy unless she is accompanied by a mahram [i.e. a male with whom for her marriage is permanently forbidden]. For [if a man and a woman are alone] Satan becomes the third of the two.' (See Ahmad ibn Hanbal, Musnad, vol. 3, p. 339 - Ed.) There is a similar tradition in the Musnad of Ahmad ibn Hanbal on the authority of 'Amir ibn Rabi'ah. The Prophet (peace be on him) was so particular in this regard that once while he was going with his wife Safiyah to her house at night, two Companions passed by the way. He stopped one of them and said that it was his wife Safiyah who was accompanying him. They submitted: 'Glory be to God! O Messenger of God, who can think ill of you?' The Prophet (peace be on him) replied: 'Satan is circulating in each man like blood. So I considered it better to clarify lest some evil thought might cross your mind.' (See Abu Da'ud, K. al-Sawm, 'Bab al-Mu'takif yadkhul al-Bayt li Hajatihi' - Ed.) (ii) The Prophet (peace be on him) did not allow a non-mahram male to touch the body of a woman. This is evident from the following practice of the Prophet (peace be on him): when he took the oath of allegiance (bay'ah) from men, he had them place their palm in his. But he did not do so while taking the oath of allegiance from women. In their case, the Prophet considered it enough for them to express their allegiance verbally. Once they took that oath he told them that they might go back for their oath was now complete. (See Abu Da'ud, K. al-Kharaj, 'Bab ma ja' fi al-Bay'ah' - Ed.) (iii) The Prophet (peace be on him) strictly forbade women from travelling without any mahram, or travelling with any non-mahram. There is a tradition from 'Abd Allah ibn 'Abbas that the Prophet (peace be on him) once said in his sermon: 'No man should meet a woman in privacy unless she is accompanied by any of her mahram, and no woman should travel unless she is accompanied by her mahram.' Thereupon someone got up and said: 'My wife is going on Hajj while I am among those proceeding on a military expedition.' (Bukhari, K. al-Jihad, 'Bab man iktatataba fi Jaysh fa kharajat Imara'tuh Hajjatan ..." - Ed.) The Prophet (peace be on him) said to him: 'Go and perform Hajj with your wife.' (See Ahmad ibn Hanbal, Musnad, vol. 1, p. 222 and Bukhari, K. al-Nikah, 'Bab la yakhluwann al-Rajul bi imra'tin illa Dhu Mahram wa al-Dukhul 'ala al-Mughibah' - Ed.)
Several traditions of similar import are found in authentic works of Hadith on the authority of 'Abd Allah ibn 'Umar, Abu Sa'id al-Khudri and Abu Hurayrah. The only variation in these traditions relates to the duration or distance of the journey. There is, however, agreement that a woman who truly believes in God and the Last Day may not travel without a mahram. Some ahadith state that the maximum distance which a woman may travel without a mahram is twelve miles or somewhat longer. In some traditions the time limit is one day, in others a day and a night, in others it is two days, and in some it is three days. This variation, however, does not impair the trustworthiness of these ahadith. As far as the apparent discrepancy about the duration of a journey is concerned, one plausible explanation is that the Prophet (peace be on him) would have issued the directives as and when situations arose. For example, if a woman was proceeding on a journey for three days, he forbade her from doing so unless any of her mahram accompanied her. It is also possible that a woman might have been proceeding on a journey for one whole day without a mahram and he might have forbidden her from so doing. The Prophet's directives on this count were in response to the different circumstances of different people and are, thus, of little consequence. What really matters is the ruling which, in the words of 'Abd Allah ibn 'Abbas, is that a woman should not travel without a mahram. (iv) The Prophet (peace be on him) discouraged intermingling between men and women both by precept and practice.
It is well known that God made the Friday Prayer, which is offered in congregation, obligatory for all Muslims. As regards the importance of this congregational Prayer, we have the Prophet's statement to the effect that if someone performs this Prayer at home without any genuine reason for joining the Prayer in congregation, then his Prayer will not be accepted. (Abu Da'ud, Ibn Majah, Daraqutni and Hakim on the authority of 'Abd Allah ibn 'Abbas.) Nevertheless, the Prophet (peace be on him) exempted Muslim women from joining compulsory congregational Friday Prayers. (See Abu Da'ud, K. al-Salah, 'Bab ma ja' fi Khuruj al-Nisa" ila al-Masajid' - Ed.)
While women are not obliged to join congregational Prayers they are nonetheless not precluded from so doing if they want to. However, this permission is followed by the statement that their praying at home is more meritorious than their praying in the mosque. According to 'Abd Allah ibn 'Umar and Abu Hurayrah the Prophet (peace be on him) said: 'Do not prevent God's bondswomen from entering the mosques of God.' (Abu Da'ud.) Other traditions narrated by 'Abd Allah ibn 'Umar make almost the same point: 'Let women visit the mosques at night.' (See Bukhari, K. al-Adhan, 'Bab Khuruj al-Nisa' ila al-Masajid bi al-Layl li al-Ghalas' - Ed.) There is yet another tradition: 'Do not stop your womenfolk from visiting the mosques though their homes are better for them for Prayers.' (See Ahmad ibn Hanbal, Musnad, vol. 2, pp. 76-7 - Ed.) Umm Humayd al-Sa'diyah says that she told the Prophet (peace be on him) that she was very keen on saying Prayers under his leadership. He told her: 'It is better for you to Pray in your own room than in the courtyard; and it is better for you to Pray at home than in the mosque of your locality; and it is better for you to Pray in the mosque of your own locality than in the large mosque.' (Ibid., vol. 6, p. 371 - Ed.) A tradition to the same effect is narrated by 'Abd Allah ibn Mas'ud (see Abu Da'ud). According to Umm Salamah, the Prophet (peace be on him) said: 'The best mosques for women are the inner apartment of their own houses.' (Ibid., vol. 6, p. 297 - Ed.) On observing the social conditions prevalent during the Umayyad period, 'A'ishah remarked: 'Had the Prophet (peace be on him) seen the present conduct of women, he would have forbidden their entry into mosques as it was done earlier in the case of Israeli women.' (Bukhari. Muslim and Abu Da'ud.)
The Prophet (peace be on him) earmarked a special door for women to enter his mosque. During 'Umar's reign, he strictly barred men from using that door either for entering or going out of the mosque. (Abu Da'ud, 'Bab I’tizal al-Nisa' fi al-Masajid' and 'Bab ma ja' fi Khuruj al-Nisa" ila al-Masajid'.) In congregational Prayers women prayed in the rows behind those of the men and at the conclusion of the Prayer the Prophet (peace be on him) would pause a little so that the women might leave the mosque before the men did. (Ahmad ibn Hanbal and Bukhari on the authority of Umm Salamah.) In the Prophet's words, the best row for men was the first and the worst the last row [i.e. the one next to that of the women); and the best row for women was the last and the worst the first [i.e. the one next to that of the men]. (Muslim, Abu Da'ud, Tirmidhi, Nasa'i and Ahmad ibn Hanbal.)
Women used to join 'Id Prayers although they occupied a place separate from men. After delivering the sermon, the Prophet (peace be on him) would go to the ladies' section and address them separately. (Abu Da'ud on the authority of Jabir ibn 'Abd Allah, Bukhari and Muslim on the authority of 'Abd Allah ibn 'Abbas.) On one occasion the Prophet (peace be on him) noticed that once men and women left the mosque they became intermingled. Seeing this he told the women that they should walk on the sides of the road rather than in the center. No sooner had the Muslim women heard this, then they began to walk on the sides, alongside the walls of the houses. (Abu Da'ud.)
These injunctions make it clear how incongruent a mixed society is wherein men and women are ordinarily seated together. Given that a religion does not allow free mingling between the sexes in mosques even on the occasion of Prayer, how could it allow the same in colleges, offices, clubs and other meeting places? (v) Islam does not only allow women to adorn themselves but at times it even urges them to do so. At the same time, it has attempted to prevent their going to excess in this matter. There were a number of means by which women in the time of the Prophet adorned and beautified themselves. The Prophet (peace be on him) decried some of these and branded them as a curse, as the cause of the destruction of several nations in the past. He particularly denounced the following: adding the hair of another to one's own with a view to making one's own appear longer and thicker; tattooing and other artificial marks on the body; plucking the hair from one's eyebrows so as to give them a special shape; plucking the hair from one's face; rubbing one's teeth in order to sharpen them or making artificial holes in them; applying saffron or other cosmetic materials on one's face so as to give an artificial complexion. Traditions to this effect are found in authentic works of Hadith on the authority of 'A'ishah, Asma" bint Abu Bakr, 'Abd Allah ibn Mas'ud, 'Abd Allah ibn 'Umar, 'Abd Allah ibn 'Abbas, and Mu'awiyah.
In view of these explicit directives from God and His Messenger, a believer is left with only two options: to purge his own life, that of his family and that of society of the moral evils which are mentioned so exhaustively in the Qur'an and the Hadith. If he is not able to do this, he should at least admit that he is committing a sin by not following these directives. A Muslim who violates God's commands out of weakness should at least refrain from justifying his action. There are, however, people who openly flout the social norms set out by the Qur'an and the Sunnah and adopt the ways in vogue in Western society. Such people go about trumpeting that in Islam there is no injunction at all about hijab. Such people not only violate Islamic injunctions, what is even worse, they try to legitimize all that as perfectly Islamic. The stand of such people cannot be appreciated by any decent person as far as this world is concerned. Nor can they expect any good in the Hereafter. It is deplorable that in Muslim society we find people who are a few steps ahead of even the hypocrites, people who hold God's and the Prophet's directives to be faulty, and who consider the ways which they have taken over from non-Muslims as perfectly good. If such people are to be regarded as Muslims, then the words Islam and kufr become entirely meaningless.
Had such people changed their names and publicly disowned Islam, one could at least have commended them for their moral courage. What is more regrettable is that notwithstanding their espousal of opinions which are antithetical to Islam, they still profess to be Muslim. No category of people is more contemptible than these. One cannot rule out any fraud, deception, trickery or perfidy from people possessed of this kind of character.
50. The word ayama is generally used to denote widows. However, it covers both men and women who are without a spouse. Ayama is plural of ayyim, which applies to every man who has no wife and to every woman who does not have a husband. This sense is reflected in our translation of the verse.
51. This refers to those slaves, both male and female, who are possessed of good character and who are likely to prove good marriage partners. If a slave's attitude to his/her partner is not appropriate and his/her temperament does not justify the expectation that he/she will prove to be a good spouse, then it is not required of his/her master to arrange for his/her marriage. This is understandable because to facilitate the marriage of such a person would make one responsible for ruining the life of his/her spouse. This principle is not applicable, however, in the case of free men and women. For the role of anyone who strives to make a match between a free man and a free woman is, at the most, that of advising, assisting and introducing one party to the other. The marriage partners are themselves responsible for marrying if they so consent to do. In the case of a slave, however, the responsibility of the marriage falls on the master/mistress. If he/she willfully assists someone to marry a person of ill temperament and bad character he/she will bear responsibility for the misery and suffering that ensues.
52. Since this injunction is couched in the imperative form, some scholars have inferred that arranging for the marriage of slaves, whether male or female, is an obligation placed on the master. In view of the nature of the matter, i.e. marriage, it is clear, however, that this cannot be an obligation in the strict sense of the term. If it were obligatory, one might well ask to whom is one obliged to marry one's slaves? Moreover, in such a case, what would be the role of the slave whom his master marries? Would that slave have no other option but to marry the person proposed by his master? This would mean negating a person's consent in the contract of his own marriage. If we affirm, however, that die proposed marriage partners have the right to refuse the suggestions made by others regarding their marriage, then how are those persons able to acquit themselves of their obligation to marry their slaves? Consequently, jurists have rightly inferred that this Qur'anic injunction is of a recommendatory rather than obligatory nature. In other words, Muslims should be concerned that the members of their society do not remain unmarried. Members of the family, friends and neighbors should take a keen interest in the marriage of those who do not have anyone to look after them. The state, too, should help people get married.
53. This obviously does not mean that God necessarily confers affluence on everyone who marries. Instead, the point that is being emphasized here is that when it comes to considering marriage, people should not be fussy about their financial situation. The verse also offers useful guidance to the guardians of unmarried girls. They are virtually being told that if they receive any proposal from a good-character person, they should not turn it down simply because he is presently not too well off. Likewise, the relatives of the prospective bridegroom are advised not to delay marriage on the grounds that he is not earning much. The youth are also being told not to delay their marriage simply because of financial considerations. Even if they have little income they should still marry, reposing their trust in God's munificence. Quite often one's marriage changes one's circumstances for the better. With the help of one's wife one is able to manage one's expenses more prudently. Moreover, faced with the added responsibility placed upon one's shoulders after marriage, one tends to work harder. One's wife may also provide a helping hand in one's pursuit of a livelihood. Above all, no one can foresee the future. Adversity can suddenly change into prosperity and vice versa. Hence one should not be excessively calculating while considering the question of one's marriage.
54. The best explanation of these verses is found in those ahadith which have come down on this subject from the Prophet (peace be on him). According to 'Abd Allah ibn Mas'ud, the Prophet (peace be on him) said: 'O young people. those of you who can afford to marry should do so, for it will help you to keep your gaze away and will enable you to preserve your chastity. And whoever cannot afford to marry then he should fast, for fasting blunts sexual passion.' (See Bukhari. K. al-Nikah, 'Bab man lam yastati' al-Ba'ah fa al-yasum" and Muslim, K. al-Nikah, 'Bab Istihbab al-Nikah li man taqat ilayah ..." - Ed.) Abu Hurayrah narrates that the Prophet (peace be on him) said: "There are three types of Muslims whom God is bound to help: he who marries to preserve his chastity: he who enters into the contract of manumission and sincerely intends to pay that amount; and he who goes out in the way of God for jihad." (See Tirmidhi. K. Fada'il-al-Jihad. 'Bab ma ja' fi al-Mujahid wa al-Nakih ...' and Nasa'i. K. al- Nikah. 'Bab Ma'unat Allah al-ladhi yurid al-'Afaf." For further details see Towards Understanding the Qur'an, vol. II. al-Nisa' 4: 25. p. 28 - Ed.)
55. Literally, the word mukatabah denotes mutual writing, i.e. between two parties. As a legal term, however, it signifies the agreement between a slave and his/her master to the effect that the former pledges to pay an amount to the latter in order to obtain his/her freedom. It is one of the forms laid down in Islam for the emancipation of slaves. The payment which the slave is required to make to obtain his/her freedom is not necessarily a monetary payment. Some specified service rendered to the master might also serve the purpose of this payment, provided both parties agree to it.
Once such an agreement has been made, the master does not have the right to place undue obstruction in the way of the slave's freedom. Instead, the master is required to provide him/her with the opportunity to earn the money needed to make the payment. Once the slave pays the amount within the stipulated period of time or performs the service mutually agreed to by the parties, the master is bound to free the slave. In the days of 'Umar ibn al-Khattab, a slave entered into a manumission agreement with his master. The slave, however, brought the agreed amount to the latter before the stipulated time. The master refused to accept the payment and insisted on taking it in instalments over a period of time. The slave reported the matter to 'Umar who asked him to deposit the amount in the Public Treasury after which he would be deemed to be free. 'Umar then informed the master about the money that had been deposited in the Public Treasury and that he could have it either in a lump sum or in instalments over a period of time. (Daraqutni on the authority of Abu Sa'id al-Khudri.)
56. A group of jurists interprets this verse to mean that when a slave, whether male or female, asks his/her master to enter into a manumission agreement accession is binding on the latter. This view is held by 'Ata', 'Amr ibn Dinar, Muhammad ibn Sinn, Masruq, Dahhak, 'Ikrimah, the Zahiri jurists and Ibn Jarir al-Tabari. Initially, Shafi’i also subscribed to this view.
According to another group of jurists, it is not binding on the master to accept the agreement but it is nonetheless recommended that he do so. To this group belong the following leading jurists: Sha'bi, Muqatil ibn Hayyan, Hasan al-Basri, 'Abd al-Rahman ibn Zayd, Sufyan al-Thawri, Abu Hanifah and Anas ibn Malik. In the later part of his life Shafi'i also adopted this view.
The two arguments which follow are put forward in support of the former group's opinion. First, the imperative form in which the injunction is couched indicates that it is a command from God. Second, it is established by authentic traditions that when Sirin, the father of Muhammad ibn Sirin, a leading scholar of Hadith and jurisprudence, asked his master Anas to make a manumission agreement with him, Anas turned it down. Thereafter, Sirin presented his case to 'Umar. On learning of this, 'Umar whipped Anas, saying: 'It is God's command to enter into a manumission agreement.' (Bukhari.)
It may be legitimately inferred from the above incident that the opinion expressed by 'Umar was not his personal opinion. He punished Anas in the presence of several Companions and no one objected to it. Hence, this opinion constitutes the correct interpretation of this Qur'anic verse.
As for the latter group of jurists, they point out that the verse does not order the master to enter into a manumission agreement in absolute terms. Rather, the verse orders the master to enter into such an agreement'. . . if you see any good in them'. Now, whether there is goodness in the slave or not depends very much on the master's judgement. There is no definite criterion for determining that goodness that enables the courts to so determine it. Obviously, this is not how legal constructs are expressed. Hence, this injunction cannot be deemed to be of a binding character. It is meant, instead, to provide moral guidance. As for Sinn's case, there were thousands of slaves in the days of the Prophet (peace be on him) and the four Rightly-Guided Caliphs, and innumerable slaves entered into manumission agreements. No incident other than that of Sinn's, however, is on record to show that the master of any slave was forced by law to enter into a manumission agreement.
It seems that 'Umar's action in this particular case should not be considered a legal verdict or a court order. It is quite obvious that 'Umar did not always act merely as a judge. His concern for the people was often that of a father for his children. He, therefore, often went beyond his legal and juridical jurisdiction and intervened in many a matter as a father would do in the affairs of his children.
57. 'Goodness' here embraces the following three points: first, that the slave should have the ability to pay the amount required for his manumission by his earnings, or by rendering certain services as the case might be. This is evident from the following mursal tradition according to which the Prophet (peace be on him) said: 'Enter into an agreement of manumission with them if you know that they are versed in some skill. Bur do not let them go about begging from people.' (Ibn Kathir on the authority of Abu Da'ud.) Second, that the slave should be known for his honesty and trustworthiness so that an agreement might be made with him. He should not be the kind of person who simply obtains release from his master by dint of the agreement or one who squanders away all that he earns and then remains in no position to honor his commitment to pay his master. Third, the slave should be known not to have immoral tendencies or strong feelings of hostility towards Islam and Muslims such that his manumission might threaten Muslim society. In other words, he should be such that one might duly expect him to grow into a good free citizen, rather than an active enemy of Muslim society. Manumission agreements also pertained to prisoners of war. Hence, such precautionary measures seemed very much in order.
58. This is a general directive which is addressed to the masters of slaves, to Muslims in general and to the Islamic State.
As for the masters, they are directed to remit at least a part of the amount which the slaves are required to pay according to the manumission agreement. A number of traditions corroborate that the Companions used to forego a considerable part of the amount which had been agreed upon as payment for manumission. 'All, for instance, always waived one-fourth of that amount and also exhorted others to do the same. (Ibn Jarir al-Tabari.)
Muslims in general are also directed that they should generously help those who ask them for money which is required for the manumission of slaves. As we know, one of the categories on which Zakah may be spent is to secure the freedom of those in bondage (al-Tawbah 9: 60). This, according to another Qur'anic verse, is an act of great religious merit (al-Balad 90: 13). According to a hadith, a Bedouin once asked the Prophet (peace be on him) to tell him something that would ensure his entry into Paradise. The Prophet replied: 'In a few words you have asked a big question: free slaves; assist them in securing their freedom; when you give anyone some cattle make sure that it is one that yields ample milk; and do good even to those of your relatives who wrong you. If you cannot do that, feed the hungry; provide water to the thirsty; enjoin good and forbid evil. If you cannot do even that, restrain your tongue. Use your tongue only for good or else keep it shut.' (Bayhaqi.)
As for the Islamic State, the present verse provides the guidance for a part of the Zakah in the Public Treasury to be spent on assisting slaves who have entered into manumission agreements so that they might become free.
At this stage, it is pertinent to point out that there were three kinds of slaves in times gone by: (i) prisoners of war; (ii) free persons who were enslaved and sold into the slave market; and (iii) those who had been slaves for so long that it was not known when their ancestors were enslaved and to which of the above-mentioned categories they originally belonged.
At the time of the advent of Islam, there were large numbers of all such categories of slaves, both within and outside Arabia. Moreover, the economic and social structure of the time depended more heavily on these slaves than on general laborers and servants.
Islam was faced with two major questions in this regard. First, what should be done with those who had been slaves for a long time? Second, what should be done in the future to solve the problem of slavery?
As regards long-term slaves, Islam did not take the drastic step of declaring that their masters instantly ceased to have rights over them, rights which they had enjoyed for centuries. Had that been done the whole social and economic fabric would have been paralyzed. The entire Arabian Peninsula would presumably have been engulfed in a terrible civil war, one which would not have solved the problem. For as we know, when the American Civil War ended, the problem of Negro slaves remained unresolved.
Avoiding such an unwise course of action, the Islamic State initiated a moral campaign for the 're-release of necks' [to wit, the emancipation of slaves], Relying on exhortation and admonition, on religious injunctions and statutory laws, Islam tried to solve the problem of slavery. Appeals were made to people to voluntarily emancipate slaves in order to attain salvation in the Hereafter. People were also told either to gratuitously set slaves free as expiation for their sins, or to free them in lieu of reasonable compensation. As a part of this movement, the Prophet (peace be on him) freed a total of 63 slaves. Of his wives, 'A'ishah alone freed 67 slaves. In like manner, 'Abbas, the Prophet's uncle, set free 70 slaves. Hakim ibn Hizam set 100 free as did 'Abd Allah ibn 'Umar. Somewhat incredibly, Dhu al-Kila' al-Himyari freed slaves numbering some 8,000 and 'Abd al-Rahman ibn 'Awf 30,000. There are similar reports about other Companions, especially about Abu Bakr and 'Uthman. There was much passion among the Companions to please God by freeing their own slaves and buying the slaves of others and then setting them free. Thus, as far as slaves of long-standing are concerned, almost all were freed by the end of the period of the four Rightly-Guided Caliphs.
As for the future, Islam explicitly forbade the practice of capturing free people, enslaving them and to buy and sell them. Islam did, however, allow - yes, allow rather than order - that prisoners of war may be enslaved under certain conditions. They may be enslaved if the respective states to which the prisoners of war belonged did not exchange them with Muslim captives of war, or if those captives did not pay their own ransom. Nonetheless, those who were taken as prisoners of war could obtain their freedom by entering into a manumission agreement. Furthermore. Islam issued several directives that slaves - and these were as much applicable to slaves who were initially war captives as they were to slaves who had been in bondage for a long time - be set free as expiation for their sins, and to please God. It was also prescribed that a person might will that his slaves gain their freedom after his death. Additionally, if the master of a slave-girl had sexual relations with her resulting in the birth of a child, she would automatically attain freedom upon her master's death, whether he had made a will to that effect or not.
These are some of the main Islamic solutions to the problem of slavery. Yet a number of ignorant and ill-informed people, who neither know nor try to acquaint themselves of the relevant facts, direct their vituperation against Islam on this account. On the other hand, those who are given to apologizing, go about claiming that Islam did not retain any form of slavery whatsoever.
59. Quite obviously this does not imply that if slave-girls do not wish to remain chaste, they will be forced into prostitution. What is meant, is that if a slave-girl indulges in prostitution of her own accord, she will herself be responsible for her actions. The law will take its course and she will be brought to book. However, if her master compels her in to prostitution, it is the master who will be held accountable.
It is obvious that the element of compulsion enters into the picture only when a person is unwilling. As far as the words 'for the sake of the benefits of worldly life' are concerned, the injunction stated here is not contingent upon these words and obviously does not mean that a person will not be held guilty if he compels a woman into prostitution even though he does not seek to avail himself of her earnings. What is meant is that the earning itself is unlawful, that it is an earning which has been obtained unlawfully by compelling someone to engage in immorality.
This injunction cannot, however, be fully grasped simply with the help of the words used in the verse and the context in which it occurs. For a better understanding, it is imperative to take note of the conditions pertaining at the time this injunction was revealed. In the Arabia of those days, there were two kinds of prostitution: domestic prostitution and professional prostitution carried on through fully-fledged brothels.
Most domestic prostitutes were either freed slave-girls who had no guardians, or free women who did not enjoy the protection of a family or tribe. These prostitutes usually lived in someone's house but had loose agreements with several men to the effect that the latter were entitled to use them for the gratification of their sexual needs. In return for this favor they paid their own living expenses. Should a child be conceived in this manner, they could ascribe its parentage to any one of the clients and that parentage was accordingly recognized. In other words, this practice was a well-established social institution which was considered by pre-Islamic Arabs to be a form of marriage. Islam, however, legitimized only that form of marriage contract according to which a woman could have no more than one husband, and the sexual relations of that woman with any other man were regarded as zina, and hence a criminal offence. (See Abu Da'ud, K. al-Nikah, 'Bab fi Wujuh al-Nikah' - Ed.)
As for open, professional prostitution, this was carried on by slave-girls. There were two main forms of such organized prostitution. First, that the masters of these slave-girls would fix a huge amount upon their slave-girls which they were required to pay each month. Obviously, these helpless girls could raise such a large amount only by pandering to men's sexual desires as prostitutes for they had no other source of income. Nor were their masters under any illusion about how they had earned their money. Quite obviously, they found nothing wrong with the prostitution of women for had they so objected, they would not have imposed the huge amounts they did upon these girls. Amounts that were many times higher than the ordinary wages that these young women could otherwise earn.
The other form of professional prostitution then in vogue was that masters would put their own slave-girls, who happened to be beautiful, into the brothels. Flags were hoisted above these brothels so that people driven by sexual passion would know even from afar the places they could frequent. These women were known as qulayqiyat and their brothels were called mawakhir. These brothels were run by the wealthy notables of Arab society. 'Abd Allah ibn Ubayy, the leader of the Madinan hypocrites, was among those who earned his income in this way, having placed six of his most beautiful slave-girls into a brothel. Additionally, he even used them to entertain his guests who visited him from all parts of Arabia. Furthermore, the illegitimate children born of these prostitutes gave him a whole retinue of servants. ('Abd Allah ibn Ubayy is the same person whom the people of Madina [then called Yathrib] had decided to crown as their ruler before the Prophet's arrival there. He also played a leading role in spreading slanderous stories about 'A'ishah.) Mu'adhah, one of these slave-girls, embraced Islam and wanted to repent and change her way of life. On learning of this 'Abd Allah ibn Ubayy tortured her. She, therefore, reported the matter to Abu Bakr who passed it on to the Prophet (peace be on him). The Prophet (peace be on him) ordered that the slave-girl be freed from 'Abd Allah ibn Ubayy's clutches. (See Ibn Kathir, Tafsir, comments on Surah al-Nur 24: 33, Ibn Jarir al-Tabari, Tafsir, vol. 18, pp. 55-8 and 103-4, Ibn 'Abd al-Barr, al-Isti'ab, vol. 2, p. 762 and Ibn Kathir, Tafsir, vol. 3, pp. 288-9 - Ed.)
It was during this period that the verse under discussion was revealed. If we examine the verse in this context it is quite clear that its true purpose was not merely to prevent the coercion of slave-girls into prostitution. Rather, its true purpose was to outlaw the whole business of prostitution in the Islamic realm. This was done alongside a declaration of clemency for those women who had earlier been forced into this trade.
After revelation of this injunction, the Prophet (peace be on him) proclaimed: There is no room for prostitution in Islam.' (Abu Da'ud on the authority of 'Abd Allah ibn 'Abbas in 'Abwab Tafri' al-Talaq', 'Bab fi Iddi'a" Walad al-Zina' -Ed.)
The Prophet's second directive was such that earnings acquired through illegal sex were unlawful, unclean and altogether forbidden. We learn from a tradition narrated by Rafi' ibn Khadij that money earned through illicit sex is unclean and the worst kind of earning. (See Abu Da'ud, K. al-Buyu', 'Bab fi Kasb al-Haram' and Tirmidhi, K. al-Buyu', 'Bab ma ja' fi Thaman al-Kalb' - Ed.) Abu Juhayfah narrates that the Prophet (peace be on him) declared that income obtained through prostitution was absolutely forbidden. (See Bukhari, K. al-Talaq, 'Bab Mahr al-Baghy wa al-Nikah al-Fasid' and Muslim, K. al-Musaqah, 'BabTahrimThaman al-Kalb'-Ed.) According to Abu Mas'ud 'Uqbah ibn 'Amr, the Prophet (peace be on him) prohibited both the giving and taking of money for prostitution. (Bukhari, K. al-Talaq, 'Bab Mahr al-Baghy wa al-Nikah al-Fasid' - Ed.) He also declared that one may employ a slave-girl to carry out physical errands, but a master may not exact any money from her whose source he was unsure of. Rafi' ibn Khadij narrates that the Prophet (peace be on him) forbade any income from a slave-girl unless he knew its source. (See Abu Da'ud, Kitab al-Ijarah, 'Bab fi Kasb al-Ima' - Ed.) A hadith narrated by Rafi' ibn Rif'ah al-Ansari contains a more explicit command. 'The Prophet (peace be on him) forbade us from taking any earning made by slave-girls other than what she earned lawfully, and the Prophet used his fingers to point at wages acquired from making bread, spinning, cleaning, and combing wool and cotton.' (Ahmad ibn Hanbal.) There is another tradition of similar import which is narrated on the authority of Abu Hurayrah which outlaws the income from slave-girls and prostitution. (See Abu Da'ud and Ahmad ibn Hanbal.) It is clear from Mua'dhah's case, 'Abd Allah ibn Ubayy's slave-girl, that if a slave-girl is compelled into prostitution by her master, he forfeits the right to own her. This tradition is found in Ibn Kathir's tafsir on the authority of Zuhri. (See Ibn Kathir, Tafsir, comments on Surah al-Nur 24: 33 - Ed.)
60. This verse not only relates to the earlier one but is in fact a part of the discourse which commences with the beginning of the surah through this point. 'Revelations which clearly expound true guidance' refer to those verses in which the laws pertaining to zina, qadhf and li'an were laid down, in which believers were directed to abstain from marrying immoral men and women, and slandering good-character people was forbidden. The same verses urged both men and women to restrain their eyes and guard their chastity, and laid down injunctions regarding the hijab of women, expressed a disapproval of celibacy, provided for the institution of a kitabah for the liberation of slaves, and called for the extirpation of all forms of prostitution.
After laying down these laws, the people are told that the teaching needed by the God-fearing so that they can act righteously has been provided for them. If they violate these teachings, it clearly means that they are willing to court the same fate which befell those misguided nations of the past. Nations whose detailed accounts are provided in the Qur'an. Perhaps no warning could have been more stern than the present one to conclude the exposition of this set of legal injunctions. Yet there were still to be found those people who said they believed, who recited the whole set of injunctions prescribed by God, who were also fully aware of the stern warning contained within these verses and yet who still violated these injunctions with absolute impunity.