وَلَا تَنكِحُوا مَا نَكَحَ آبَاؤُكُمْ مِنْ النِّسَاءِ إِلَّا مَا قَدْ سَلَفَ إِنَّهُ كَانَ فَاحِشَةً وَمَقْتًا وَسَاءَ سَبِيلًا حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ وَعَمَّاتُكُمْ وَخَالَاتُكُمْ وَبَنَاتُ الْأَخِ وَبَنَاتُ الْأُخْتِ وَأُمَّهَاتُكُمْ اللَّاتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُمْ مِنْ الرَّضَاعَةِ وَأُمَّهَاتُ نِسَائِكُمْ وَرَبَائِبُكُمْ اللَّاتِي فِي حُجُورِكُمْ مِنْ نِسَائِكُمْ اللَّاتِي دَخَلْتُمْ بِهِنَّ فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ وَحَلَائِلُ أَبْنَائِكُمْ وَحَلَائِلُ أَبْنَائِكُمْ الَّذِينَ مِنْ أَصْلَابِكُمْ وَأَنْ تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ إِلَّا مَا قَدْ سَلَفَ إِنَّ اللَّهَ كَانَ غَفُورًا رَحِيمًا وَالْمُحْصَنَاتُ مِنْ النِّسَاءِ إِلَّا مَا مَلَكَتْ أَيْمَانُكُمْ كِتَابَ اللَّهِ عَلَيْكُمْ (4: 22-24)

And marry not women whom your fathers married – except what has been done in the past: it was shameful and odious – an abominable practice indeed. Prohibited to you [for marriage] are your mothers, your daughters, your sisters, your maternal and paternal aunts, the daughters of your brothers and sisters; your mothers who have suckled you and your sisters through fosterage. [Similarly], the mothers of your wives, your step-daughters raised under you born of your wives with whom you have lain – no offence if you have not lain with their mothers, and the wives of your real sons, and two sisters in wedlock at the same time, except for what has already happened. God indeed is Oft-Forgiving, Most Merciful. Also [prohibited are] women already married, except those whom your right hands possess; this is a written obligation upon you from God. (4:22-24)

The above quoted verse enlists women with whom marriage has been prohibited. The list begins with the step mother and ends with women who are married to someone. In between these two, the prohibited women mentioned are based on the three bases of relationship: Lineage, Fosterage and Marriage.

In certain sections of the Arab jahiliyyah, there was a tradition according to which a son inherited the wife of his father and he would feel nothing wrong with inheriting her. The Quran refers to it as open lewdness and a shameful and an abominable practice. Consequently, it prohibited this practice and declared that whatever happened in the past shall be overlooked but in future no Muslim should perpetrate such an indecent act.

Similar is the case of the woman who is married to someone. No person has the right to marry her unless she is legally divorced from her husband. It is obvious that such a practice totally negates the very reason for which the institution of family has been set up. Consequently, it has been prohibited by the Almighty. However, women of those times who were made captives in battles were exempted from this rule. For them, the rule was that if they wanted to marry, then in spite of being already married they could marry. This was because as soon as they married anew their previous marriage stood annulled automatically as per the traditions of those times. The words إِلَّا مَا مَلَكَتْ أَيْمَانُكُمْ show that the Quran has also approved this exception so that if such women wanted to become part of the Muslim society, they could easily do so.

The matter of the remaining prohibitions shall now be taken up.

i) Relationships by Lineage:

The verse first of all mentions the seven relations prohibited because of lineage viz. mothers, daughters, sisters, paternal aunts, maternal aunts and the daughters of the brothers (nephews) and daughters of the sisters (nieces). These seven relations possess such sanctity that people of noble nature cannot even think of any sexual inclination towards them. There is no doubt that it is this sanctity which is the foundation of civilization, the spirit of culture and the fountainhead of pure and unadulterated sentiments of affection and gentleness that bring a family into being. The Almighty wants the gaze of a son for his mother, of a father for his daughter, of a brother for his sister, of a nephew for both his maternal and paternal aunts, of a maternal and a paternal uncle for their nieces to remain free from the slightest trace of sexual leaning. Sense and reason also bear witness that any sort of sexual proclivity between these relations is devastating for human dignity and honour and is totally against the unadulterated state of chastity and purity that distinguishes man from animals.

The directive stated in the given verses regarding these relations is very explicit. However, three aspects about this directive should remain clear:

Firstly, the words used for these relations in Arabic entail that no distinction be made between real and step relations. Consequently, both a real mother and a step mother, a real sister and a half sister, for example, would equally be the addressees of this directive. Similar is the case for the real or half sister of a father and a mother. Likewise is the case of the daughters of brothers and sisters. Whether they are real or half, their daughters will be regarded as addressees of this directive.

Secondly, the word “mother” also connotes the “father’s mother” and the “mother’s mother” all the way up. Likewise the word “daughter” also includes the “son’s daughter” and the “daughter’s daughter” all the way down. No discrimination can be made between them regarding this directive.

Thirdly, the sister of the maternal grandfather and the sister of the paternal grandmother are like paternal and maternal aunts respectively. Hence, they shall also be included on equal basis in the application of the directive.

ii) Relationships by Fosterage:

Foster relationships have a similar sanctity as the real ones. While commenting on this aspect, Imam Amin Ahsan Islahi writes:

In our society, people do not consider foster relationships as strong as what the Arabs considered them to be. This is because of the difference in customs between their society and ours. The truth of the matter is that this relationship has deep resemblance with the maternal relationship. A mother who suckles and brings up a child is his half-mother if not a full one. Moreover, how is it possible that a child not be influenced by someone whose milk has nourished and sustained him. An absence of such influence would mean that his nature has been perverted and it was necessary for a religion like Islam which conforms to human nature to reform such perversion. [1]

While explaining how exactly a foster relationship is formed, Imam Amin Ahsan Islahi writes:

… such a relationship is not formed by some chance episode of suckling a child. The words of the Quran stated in this verse clearly testify that this relationship is established only with the full intent of those involved. In other words, an accidental happening does not establish this relationship; it only comes into being after it is planned and is well thought of. Consequently, in the first place, the words used by the Quran are اللَّاتِي أَرْضَعْنَكُمْ وَأُمَّهَاتُكُمْ (your mothers who have suckled you). Secondly, the word رَضَاعَة (radaah) is used viz: وَأَخَوَاتُكُمْ مِنْ الرَّضَاعَة. People conversant with the subtleties of the Arabic language know that إِرْضَاع (irda) is from the ifal category which in general has an element of emphasis in it. Moreover, the word رَضَاعَة (radaah) is absolutely inappropriate to be used when a lady suckles a crying child to soothe him. [2]

The Prophet (sws) has also explained the above purport of the Quran in the following words:

Aishah (rta) narrates from the Prophet (sws): If one or two drops are drunk by chance, then this does not prohibit a relationship. [3]

Aishah (rta)narrates: Once when the Prophet (sws) came over to my house, a person was sitting there. He disliked this situation and I could see a feeling of disgust on his face. I said: “O Messenger of God! This is my foster brother.” The Prophet (sws) replied: “Be careful regarding all such brothers because a foster relationship is only established at the time when a child is suckled in the age when he needs milk.” [4]

Here no one should misconceive the case of Salim, the adopted son of Abu Hudhayfah (rta), who was suckled in mature age. What at most can be said about this case was that the Prophet (sws) had suggested a way to deal with the situation that had arisen after the newly revealed directive of the Quran regarding adopted children. It cannot be made the basis of a permanent directive. The case of Salim is thus:

فَجَاءَتْ سَهْلَةُ بِنْتُ سُهَيْلِ بن عَمْرٍو الْقُرَشِيِّ ثُمَّ الْعَامِرِيِّ وهى امْرَأَةُ أبي حُذَيْفَةَ فقالت يا رَسُولَ اللَّهِ إِنَّا كنا نَرَى سَالِمًا وَلَدًا وكان يَأْوِي مَعِي وَمَعَ أبي حُذَيْفَةَ في بَيْتٍ وَاحِدٍ وَيَرَانِي فُضْلًا وقد أَنْزَلَ الله عز وجل فِيهِمْ ما قد عَلِمْتَ فَكَيْفَ تَرَى فيه فقال لها النبي صلى الله عليه وسلم أَرْضِعِيهِ

SoSahlah who was the wife of Abu Hudhayfah (rta) and the daughter of Suhayl ibn ‘Amr al-Qarshi al-Amiri once came to the Prophet (sws) and said: “O Messenger of God! We always considered Salim as our son. He used to live with me and with Abu Hudhayfah in the same house and would see me in my house clothes. You are well aware of the directive which the Almighty has revealed about such boys. Now, what is your opinion regarding this matter?” The Prophet (sws) replied: “Feed him with your milk.” [5]

Hence, it is absolutely certain that for fosterage it is essential that the child be in the suckling age and that the matter be a planned one and not an accidental one. Moreover, foster relations are prohibited for marriage just as the ones through lineage are. This is the very purport of the Quran. However, the style in which this directive is stated – peculiar to the sublime language of the Quran – is such that what is self-evident because of intrinsic evidence or because of some logical outcome is not stated in words. [6] The words used are: وَأُمَّهَاتُكُمْ اللَّاتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُمْ مِنْ الرَّضَاعَةِ (your mothers who have suckled you and your sisters through fosterage). As stated, together with foster mothers, foster sisters are also regarded as relations prohibited for marriage. Had the directive ended with foster mothers, nothing further could have been understood from it; however, if the relationship of fosterage with a mother makes her daughter a foster sister, then it is but logical to regard other relations of the foster mother to be also included in this directive. If being suckled through the same mother can make a girl a foster sister, why can’t the sister of the foster mother be regarded as the maternal aunt, her husband as the father, the sister of her husband as the paternal aunt, her daughter’s daughter and her son’s daughter as nieces. Hence, it is obvious that all these relations are also prohibited in marriage. This indeed is the purport of the Book of God and the words وَأَخَوَاتُكُمْ مِنْ الرَّضَاعَةِ testify to it. It is evident to any person of knowledge who deliberates on these words.

The Prophet (sws) is reported to have said:

يَحْرُمُ مِنَ الرَّضَاعَةِ ما يَحْرُمُ مِنَ الْوِلاَدَةِ

Every relationship which is prohibited [for marriage] owing to lineage is also prohibited owing to fosterage. [7]

iii) Relationships by Marriage:

After a mention of relationships prohibited for marriage on the basis of lineage and fosterage, relationships which are prohibited for marriage on the basis of marriage itself are mentioned in the verse quoted earlier. Such is the obviousness of the sanctity of these relationships in human nature that no reasoning is required. Consequently, the daughter-in-law is prohibited for the father, and the mother-in-law, the wife’s daughter, [8] the wife’s sister and both nieces [9] of the wife, the maternal and paternal aunts of the wife are all prohibited for the husband. However, since these relationships are formed through the husband and the wife, a degree of weakness is found in them. Owing to this reason, the Quran has imposed the following three conditions on the prohibition of these relationships:

Firstly, only the daughter of that wife is prohibited with whom one has had conjugal contact.

Secondly, only the daughter-in-law of a real son is prohibited.

Thirdly, the sister of a wife, her maternal and paternal aunts and her two nieces are only prohibited if the wife is in wedlock with the husband.

The first of the above mentioned conditions is referred to in the Quran in these words: وَرَبَائِبُكُمْ اللَّاتِي فِي حُجُورِكُمْ مِنْ نِسَائِكُمْ اللَّاتِي دَخَلْتُمْ بِهِنَّ فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ (your step-daughters raised under you born of your wives with whom you have lain – no offence if you have not lain with their mothers). Here, together with the condition of conjugal contact, it is also said that those step daughters are raised under the guardianship of the husbands. It is evident that this last qualification is not a condition. While explaining this aspect, Imam Amin Ahsan Islahi writes:

… in the Arabic language, not every attribute is meant to impose a condition such that if the attribute does not exist, the directive would stand null and void. Intrinsic evidence and the context of the verse shows which attributes signify a condition and which merely portray a situation. In this particular instance, it is not only the context and intrinsic evidence but explicit words which testify that the daughter of a wife from the previous husband is only prohibited if the husband has had conjugal contact with the wife. It is thus evident that the real reason of prohibition for such a daughter is conjugal contact with her mother. If this is the case, then the husband cannot marry such a daughter whether she has been raised under his guardianship or not. It must be kept in consideration that in the lofty classical Arabic especially that of the Qur’an a negation after a positive assertion or vice versa are never without purpose: they are indeed very meaningful. Mostly, such a style is meant to remove ambiguity from a statement. Hence, the view of some people that marriage with only that daughter [10] of a wife [with whom conjugal contact is made] is forbidden who is raised by the husband is incorrect. In their opinion, if this is not the case, then marriage is allowed. [11]

The second condition stated in the verse is mentioned by the words وَحَلَائِلُ أَبْنَائِكُمْ الَّذِينَ مِنْ أَصْلَابِكُمْ (and the wives of your real sons). The reason for this condition of “real sons” is that in the time of the Prophet (sws) people would consider marriage with the wives of the adopted sons as prohibited. By imposing this condition, the Quran has elucidated the fact that mere adoption does not give the child the status of a begotten child nor does this adoption entail any prohibition regarding marriage. In Surah Ahzab, the words of the Quran are:

وَمَا جَعَلَ أَدْعِيَاءَكُمْ أَبْنَاءَكُمْ ذَلِكُمْ قَوْلُكُمْ بِأَفْوَاهِكُمْ وَاللَّهُ يَقُولُ الْحَقَّ وَهُوَ يَهْدِي السَّبِيلَ ادْعُوهُمْ لِآبَائِهِمْ هُوَ أَقْسَطُ عِنْدَ اللَّهِ فَإِنْ لَمْ تَعْلَمُوا آبَاءَهُمْ فَإِخْوَانُكُمْ فِي الدِّينِ وَمَوَالِيكُمْ (33:4-5)

And He has not made your adopted sons your [real] sons. Such is your speech by your mouths and Allah says the truth, and only He shows the right way. Call them after [the names of] their fathers: that is more just in the sight of Allah. But if you know not their fathers, then they are your brothers in faith and your friends. (33:4-5)

The third condition is stated in the words: وَأَنْ تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ (and two sisters in wedlock at the same time). A little deliberation shows that this expression is of the same style as the one which has been discussed before under foster relationships. Although the Quran has only stated the prohibition of two sisters in simultaneous wedlock, it is evident that if combining two sisters in wedlock is a lewd thing as far as the relationship of marriage is concerned, then combining a lady with her brother’s daughter in wedlock or with her sister’s daughter in wedlock is like combining a mother and a daughter in wedlock. Hence, though the words used are: وَأَنْ تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ, the purport of the Quran undoubtedly is:وَأَنْ تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ وَبَيْنَ اْلمَرْاةِ وَ عَمَّتِهَا وَبَيْنَ اْلمَرْاة وَ خَالَتِهَا (and two sisters in wedlock at the same time and a lady with her brother’s daughter at the same time and a lady with her sister’s daughter at the same time). However, all these words are suppressed after بَيْنَ الْأُخْتَيْنِ because what is mentioned points towards this suppression as obviously understood. So obvious are the words of this suppression that no student of the Quran can err in understanding them.

The Prophet (sws), consequently, is reported to have said:

لاَ يُجْمَعُ بين الْمَرْأَةِ وَعَمَّتِهَا وَلاَ بين الْمَرْأَةِ وَخَالَتِهَا

Neither can a lady and her paternal aunt nor can a lady and her maternal aunt be combined in wedlock.[12]

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[1]. Amin Ahsan Islahi,Tadabbur-i Qur’an, vol. 2, 275.

[2]. Ibid.

[3]. Muslim, Al-Jami‘ al-sahih, 616, (no. 3590).

[4]. Al-Bukhari, Al-Jami‘ al-sahih, 912, (no. 5102); Muslim, Al-Jami‘ al-sahih, 619, (no. 3606).

[5]. Abu Da’ud, Sunan, vol. 2, 229, (no. 2061).

[6]. In order to appreciate this style, see the first preamble: “Fundamental Principles”.

[7]. Malik ibn Anas, Al-Mu’atta’, 395-396, (no. 1887)

[8]. This implies the daughter from her previous marriage. (Translator)

[9]. This refers to both her sister’s daughter and her brother’s daughter. (Translator)

[10]. This implies the daughter from her previous marriage. (Translator)

[11]. Amin Ahsan Islahi,Tadabbur-i Quran, vol. 2, 276.

[12]. Malik ibn Anas, Al-Mu’atta’, 341, (no. 1600)