وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْ أَنْ تَبْتَغُوا بِأَمْوَالِكُمْ مُحْصِنِينَ غَيْرَ مُسَافِحِينَ فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُمْ بِهِ مِنْ بَعْدِ الْفَرِيضَةِ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا(24:4)

And all other women except for those [specified] are lawful to you such that you seek them through your wealth, desiring chastity, not lust. [Consequently, if you have not paid their dowers as yet], pay them their dowers as [your] obligation for the benefit you have derived from them. If after a dower is prescribed, you agree mutually on something there is no blame on you and Allah is All- Knowing All-Wise. (4:24)

The bounds and conditions of nikah which this verse outlines are:

First, a nikah should be conducted through wealth – which here refers to the dower. The Quran emphasizes that the Almighty has ordained this payment as an essential pre-requisite of marriage. Consequently, it has directed Muslims to immediately complete this obligation if they have not yet done so. However, once a dower has been ascertained with the realization that it is an obligation of a Muslim husband, he and his wife can mutually change its amount as well as the time of its payment. Everyone must nevertheless know that the Originator of this law is All-Knowing and All-Wise. All His directives are based on flawless knowledge and deep wisdom. Hence neither should anyone attempt to disobey it nor dare change it in any way.

What is the significance of this dower? When a man and a woman pledge to marry, it is the man who takes the financial responsibility of the woman he is bringing home; the dower is nothing but a symbolic expression of this responsibility. The Quran uses the words صَدُقَه (saduqah) and اَجَر (ajar) for it. Both words imply money which is given to a wife for her needs in return for her companionship. Like nikah and the nikah sermon, dower payment is an ancient practice that was in vogue in Arabia before the advent of the Prophet Muhammad (sws). It is mentioned in the Bible in similar terms.[1]

While commenting upon the importance of this age-old custom, Imam Amin Ahsan Islahi writes:

… matters in which payment of money is a pre-condition and the payment itself is not a favour but a duty such that it is understood even though it may not be mentioned and its payment is an obligation dependent on the social status of the lady – then such matters are serious ones both as regards the shari‘ahand the norms of society. No sensible person will become party to such a contract unless after deep consideration, he prepares himself to fulfil its responsibilities – [it is] for these benefits that the payment of the dower has been made essential. Those who have overlooked these benefits deem that the payment of the dower money has relegated the status of a woman to a saleable commodity. This of course is the result of not properly perceiving the underlying reason for the payment of the dower. The reason for this payment is to sound a warning to every person seeking to enter the sacred bond of marriage that he must think over the extent of responsibility this step will entail. Marital matters must be taken seriously. Even words said in a light-hearted manner in such matters have a solemn status. It is like walking on a sharp-edged sword.[2]

The shariah has not fixed any amount for the dower. It has been left to the norms and traditions of a society and to the discretion of the people. Consequently, it can be fixed to any amount which is in accordance with the social status of the woman and the financial status of the man who is to become her husband.

The second requisite of marriage stated in the verse is chastity. No adulterer has the right to marry a chaste woman and no adulteress has the right to marry a chaste man, except if the matter has not gone to court and the two purify themselves of this sin by sincere repentance. The words مُحْصِنِينَ غَيْرَ مُسَافِحِينَ point to this pre-requisite. At another place, the Quran says:

الزَّانِيلَا يَنكِحُ إلَّا زَانِيَةً أَوْ مُشْرِكَةً وَالزَّانِيَةُ لَا يَنكِحُهَا إِلَّا زَانٍ أَوْ مُشْرِكٌ وَحُرِّمَ ذَلِكَ عَلَى الْمُؤْمِنِينَ (3:24)

The man guilty of fornication may only marry a woman similarly guilty or an idolatress and the woman guilty of fornication may only marry such a man or an idolater. The believers are forbidden such marriages. [3] (24:3)

It is obvious from this verse and also evident from divine scriptures that fornication and polytheism are exactly similar to one another. Just as it cannot be acceptable in any way that a husband or wife commit marital unfaithfulness, similarly, it is totally unacceptable for a Muslim that someone else besides the Almighty be worshipped in his house. In fact, this is more detestable a sin than sleeping with some other woman. This similarity between fornication and polytheism could have been deduced; however, the following Quranic verse explicitly states it:

وَلَا تَنكِحُوا الْمُشْرِكَاتِ حَتَّى يُؤْمِنَّ وَلَأَمَةٌ مُؤْمِنَةٌ خَيْرٌ مِنْ مُشْرِكَةٍ وَلَوْأَعْجَبَتْكُمْ وَلَا تُنكِحُوا الْمُشْرِكِينَ حَتَّىيُؤْمِنُوا وَلَعَبْدٌ مُؤْمِنٌ خَيْرٌ مِنْ مُشْرِكٍ وَلَوْ أَعْجَبَكُمْ (221:2)

And wed not idolatrous women, unless they embrace faith, and [remember] a believing slave-girl is better than an idolatrous woman, although you may fancy her. And wed not your women to the Idolaters, unless they embrace faith. And [remember] a believing slave is better than an idolater, although you may fancy him. [4] (2:221)

The Jews and Christians of the Prophet’s times were also deeply incriminated with the filth of polytheism both in their beliefs and in their deeds. However, since they were basically monotheists, the Almighty was lenient enough to Muslims to allow marriage with their chaste women:

وَالْمُحْصَنَاتُ مِنْ الَّذِينَ أُوتُوا الْكِتَابَ مِنْ قَبْلِكُمْ إِذَا آتَيْتُمُوهُنَّ أُجُورَهُنَّ مُحْصِنِينَ غَيْرَ مُسَافِحِينَ وَلَا مُتَّخِذِي أَخْدَانٍ (5:5)

And [lawful to you in marriage] are also chaste women from among these People of the Book before you when you give them their dowers with the condition that you desire chastity not lewdness nor becoming secret paramours. (5:5)

It is evident from the context of the above verse that this permission was granted when no confusion remained regarding tawhid(monotheism) and it prevailed over the polytheistic Arab society in every manner. It should be kept in mind that the verse quoted above begins with the word اَلْيَوْم (this day). This word shows that the permission given was also very much dependent on the circumstances of those times: It was expected that if Muslim men would marry among the People of the Book these women would be positively influenced by Islam. In this way, not only would there be no clash between monotheism and polytheism, but also there was a great chance that most of them would accept Islam.

Consequently, Muslims today must necessarily take this aspect into consideration if they want to benefit from this permission.

Similarly, it should be kept in mind that it is essential for the sanctity of the institution of family – the very institution marriage creates – that marriage takes place with the consent and presence of the elders of the family. There is no doubt about the fact that the decision of marriage is primarily taken by the concerned man and woman. However, if the marriage does not take place through the consent of the guardians or the elders of a family, then there must be a solid reason for this. In the absence of such a reason, a state has the authority to stop such a marriage from taking place. [5] Narratives such as لَا نِكَاحَ اِلَّا بِوَلِى (no marriage should take place without the [permission of] the guardian) [6] and other similar ones actually allude to this aspect. Since the rebellion of a lady in this matter can cause great disruption in a family, the Prophet (sws) made it clear upon the guardians through both his words and the measures he took that they must not take any decision in this regard without her consent. If the lady wants, their decision can be revoked.

It is narrated by Abu Hurayrah (rta) that the Prophet (sws) is reported to have said: “A widow must not be married off without her consent and the consent of a virgin is [also] necessary.” People inquired: “How should her consent be obtained.” The Prophet answered: “If she stays quiet it means that she agrees to it.” [7]

Ibn Abbas narrates from the Prophet (sws): “A widow can take her decision herself and permission must be sought from a virgin.” [8]

Binti Khudham says that when she became a widow, her father solemnized her marriage. She did not like the decision. So she came over to the Prophet (sws) and he gave her the permission to revoke her marriage. [9]

(Javed Ahmed Ghamidi)

(Translated by Dr. Shehzad Saleem)

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[1]. Genesis, 34:12; Exodus, 22:17

[2]. Amin Ahsan Islahi,Tadabbur-i Qur’an, vol. 2, 278.

[3]. Certain Ahadith also clearly mention this aspect. See for example:Abu Da’ud, Sunan, vol. 2, 227, (nos. 2051-2052). For more details, see the chapter: “The Penal Shari‘ah”.

[4]. In 60:10, Muslims have been prohibited to marry the disbelievers (kuffar) because of their polytheism. It is evident from the verse that the kuffar it mentions signify the Idolaters of Arabia of the Prophet’s times.

[5]. This however does not mean that if a marriage has taken place without the consent of the parents, then it shall be declared illegal.

[6]. Abu Da’ud, Sunan, vol. 2, 236, (no. 2085)

[7]. Al-Bukhari, Al-Jami‘ al-sahih, 1201, (no. 6968).

[8]. Muslim, Al-Jami‘ al-sahih, 596, (no. 3476).

[9]. Al-Bukhari, Al-Jami‘ al-sahih, 919, (no. 5138)