Surah An-Nisa, Verse 127 and 128

﷽

*Surah An-Nisa, Verse 127:*

وَيَسْتَفْتُونَكَ فِي النِّسَاءِ قُلِ اللَّهُ يُفْتِيكُمْ فِيهِنَّ وَمَا يُتْلَىٰ عَلَيْكُمْ فِي الْكِتَابِ فِي يَتَامَى النِّسَاءِ اللَّاتِي لَا تُؤْتُونَهُنَّ مَا كُتِبَ لَهُنَّ وَتَرْغَبُونَ أَن تَنكِحُوهُنَّ وَالْمُسْتَضْعَفِينَ مِنَ الْوِلْدَانِ وَأَن تَقُومُوا لِلْيَتَامَىٰ بِالْقِسْطِ وَمَا تَفْعَلُوا مِنْ خَيْرٍ فَإِنَّ اللَّهَ كَانَ بِهِ عَلِيمًا

They ask your legal instruction concerning women, say: Allah instructs you about them, and about what is recited unto you in the Book concerning the orphan girls whom you give not the prescribed portions (as regards Mahr and inheritance) and yet whom you desire to marry, and (concerning) the children who are weak and oppressed, and that you stand firm for justice to orphans. And whatever good you do, Allah is Ever All-Aware of it.

*COMMENTARY*

Again and again is it impressed on the community of Islam to be just in their dealings with women, orphans, children, and all whose weakness requires special consideration. The law about widows and orphans, inheritance, dower, and marriage had already been declared in Qur-ān iv, verses 2-35 and further instructions are now given on a further reference. It was not right that anyone should take advantage of their helpless position to deprive them of dower or of their portion in inheritance.

Both widows and orphans are to be helped because they are ordinary weak, ill-treated, and oppressed. In communities which base their civil rights on brute strength, the weaker go to the wall, and public opinion expects nothing else. In Nietzsche's philosophy of the superman that doctrine is stressed strongly, and some of the militarist nations in our own time seem inclined to support this reversion to our primitive instincts. Even in modern democracies of the saner sort, we are often told that it is the fate of minorities to suffer; strength of numbers here becomes the passport to power and privilege. Islam, while upholding sane manly views in general, enjoins the most solicitous care for the weak and oppressed in every way - in rights of property, in social rights, and in the right to opportunities of development. Spiritual strength or weakness does not necessarily go with physical or numerical strength.

﷽

*Surah An-Nisa, Verse 128:*

وَإِنِ امْرَأَةٌ خَافَتْ مِن بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا فَلَا جُنَاحَ عَلَيْهِمَا أَن يُصْلِحَا بَيْنَهُمَا صُلْحًا وَالصُّلْحُ خَيْرٌ وَأُحْضِرَتِ الْأَنفُسُ الشُّحَّ وَإِن تُحْسِنُوا وَتَتَّقُوا فَإِنَّ اللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا

And if a woman fears cruelty or desertion on her husband's part, there is no sin on them both if they make terms of peace between themselves; and making peace is better. And human inner-selves are swayed by greed. But if you do good and keep away from evil, verily, Allah is Ever Well-Acquainted with what you do.

*COMMENTARY*

To protect the woman's economic interests, various rules are prescribed for dower in marriage. But the sanctity of marriage itself is greater than any economic interests. Divorce is, of all things permitted, most hateful to Allāh (Sub-haanahu wata'aala). Therefore if a breach between husband and wife can be prevented by some economic consideration, it is better to make that concession than to imperil the future of the wife, the children, and probably the husband also. Such concessions are permissible, in view of the love of wealth ingrained in unregenerate man, but a recommendation is made that we should practice self-restraint, and do what we can to come to an amicable settlement without any economic sacrifice on the part of the woman.