CHAPTER 4: AN-NISA (THE WOMEN)

It was revealed during the Medina period, in the fourth year of the Hijrah. It consists of 176 verses. It is called by this name because a large part of it contains rulings regarding women. (H. T. FEYIZLI, 1/76)

In the name of Allah, the Most Gracious, the Most Merciful

4/1 HUMANITY FROM A SINGLE SOUL

Translation

1. O mankind! Live in accordance with the command of your Lord / beware of opposing Him, who created you from a single soul, and from it (from its essence/substance) created its mate, and from them both scattered many men and women. Fear "acting contrary to the command of Allah" by whose name you (swear and) make requests of one another, and avoid cutting the ties of kinship. Surely, Allah is ever a Watcher over you. [cf. 7/189]

Commentary  

"Fear your Lord..." Enter into the discipline and protection of Allah, avoid opposing His command, and protect yourselves from His punishment. (ELMALILI, 2/497)

To be able to avoid opposing Allah, at least three things must be done: (a). To believe according to its conditions and become a believer and a Muslim, not associating anything as a partner to Him, (b). To obey Allah and His Prophet and perform the obligatory (fard) duties, (c). To avoid rebellion against Allah and His Prophet, harams, evils, and words and actions that are sinful. (I.KARAGOZ,  2/4)

"And from them both scattered many men and women." After Almighty Allah created the physical structure of Prophet Adam and gave him a soul (38/70, 71), He creates the physical structures of other humans in the mother's womb (22/5, 23/12-16, 3/6). After the fetus is 120 days old in the mother's womb, He gives it a soul (Bukhari) and other talents (32/7-9).

That Lord of yours created you from a single soul, from one person. Originally, you are all brothers coming from one father, you are all human, and you are creatures of one Creator. You must observe the law of brotherhood and avoid acting contrary to your Lord's command. (ELMALILI, 2/497)

"and from it created its mate..." Here, the phrase "created its mate from it" should be understood not as creating it from a part of him (for example, from a rib bone), but as creating it from his essence, from the same origin and root which is his likeness. There are similar expressions in verses 30/11 and 16/72. In these verses, "creating the soul" does not mean creating from a part of the body. The Hadiths stating that women were created from a crooked rib are a metaphorical narrative to express the difference in a woman's nature (meaning she might break easily). (QUR’AN WAY, 2/11)

"...and avoid cutting the ties of kinship." The word "Erham" (kinship) includes mother-father, grandparents, sons, daughters and grandchildren, brothers and sisters, paternal uncles and aunts, and maternal uncles and aunts. Even if a relative who is a disbeliever cannot inherit from a Muslim, they are included in being looked after and in complying with the rights of kinship. (..) Sila-i Rahim (Maintaining kinship ties) is realized by being with them in their good and bad days, visiting them, asking about their well-being, providing material and spiritual assistance (2/215, 17/26), observing their rights (2/233, 4/1, 7), not staying offended, not slandering, and not oppressing. Sila-i rahim is obligatory (fard), and abandoning it is forbidden (haram) (2/27, 4/36, 8/75, 13/25, 17/26, 45/34, 47/22). (I.KARAGOZ, , 2/7)

Hadith: "Whoever believes in Allah and the Last Day, let him maintain the bond of kinship." (From Bukhari Adab 85; I.KARAGOZ, , 2/7).

Hadith: "Whoever wishes for his provision to be expanded and his lifespan to be prolonged, let him perform sila-i rahim." (From Bukhari Adab 12; I.KARAGOZ, , 2/7).

Hadith: "Giving something to the poor is a charity (sadaka). Giving something to a relative has two rewards. One is the reward of charity, and the other is the reward of looking after a relative." (From Tirmidhi Zakat 26; I.KARAGOZ, , 2/7).

4/2 DO NOT CONSUME THE PROPERTY OF ORPHANS

Translation

2. (O believers!) Give the orphans their properties (when they reach puberty and maturity), and do not exchange the bad for the good (the haram for the halal). Do not consume their properties (by mixing them) with your own properties. For indeed, that is a great sin.

Commentary  

(2). "Give the orphans their properties. Do not exchange the pure for the foul." (Do not exchange the haram for the halal, or the legitimate for the illegitimate) (...) The property of an orphan is haram and impure / filthy for you. Your own property, however, is halal and pleasant. Therefore, do not attempt to make an exchange or a transaction between your own halal property and the orphan's haram property; protect the orphan's property exactly as it is. Even for those items that must be sold for preservation, sell them at their true value so that you do not remain under accusation. (ELMALILI, 2/503)

"...do not exchange the pure with the foul." Do not prefer haram instead of halal earnings. (M. KISA 1/95). The property and wealth a person acquires through legitimate means are pure, while the property and wealth acquired through haram means are foul. Eating an orphan's property unjustly or not giving it back is haram. A guardian's unjust taking of an orphan's property or not returning it means mixing haram into their pure and halal property. The verse forbids this. (I.KARAGOZ,  2/9)

Orphan (Yatim): Literally, it means to be single or alone. In Sharia, it is understood as a person whose father has died and who has remained apart from him. Hadith: The Prophet (pbuh) said: "There is no orphanhood after reaching the age of puberty." (S. HAWWA, 3/25)

Hadith: The Messenger of Allah gave the glad tidings that those who take orphans under their protection will be together with him in Paradise. (From Bukhari and Muslim; QUR’AN WAY, 2/15)

"For this is a great sin." A great sin is defined as committing forbidden acts for which there is a verse in the Qur'an stating they are haram, crimes for which a punishment is reported, committing things Allah has forbidden, every word, act, and behavior that is a rebellion against Allah and characterizes the doer as a transgressor (fasiq), and sins for which it is reported that the doer will be punished with Hell, or upon whom Allah has placed a curse or wrath. (I.KARAGOZ, 2/9)

4/3 MARRYING MORE THAN ONE WOMAN

Translation 

3. (O believers!) If you fear that you will not be able to observe the rights of orphan girls fully, then marry (other free) women who are lawful for you, two, three, or four. But if you fear that you will not be able to observe justice (among them), then (marry) only one, or (if any) those whom you possess (a female captive of war). This is more suitable for you to avoid deviating from justice. [cf. 4/27, 129]

Commentary  

(3). "Marry women of your choice, two or three or four." The above verse is not a command to marry four women but is in the nature of a permission (rukhsah). It is a permission that can be resorted to in cases such as the decrease of the male population after war, the woman being infertile, her suffering from a disease that prevents her from fulfilling her duties as a wife, or the definite fear of falling into adultery. At the end of the verse, monogamy is encouraged by pointing out that it is very difficult to observe justice among spouses. (H.DONDUREN, 1/144)

A guardian, who has the duty of protecting orphans and their property, can marry an orphan girl in his house or nearby if marriage is religiously permissible when she reaches the age of marriage. However, he must observe the rights and laws of the girl he marries. If he fears that he cannot fulfill this, or if he wants to marry the orphan girl solely for her property, he should not marry this girl. (I.KARAGOZ, , 2/11)

Fiqh scholars have stated the following: If one is certain that they will act unjustly, it is forbidden (haram) to marry more than one woman. If it is not a certain conviction but a strong suspicion, then marrying more than one woman is severely disliked (tahrimen makruh). For those with a normal sexual desire, marrying a single woman is sunnah. If one strongly desires sexuality, then it becomes obligatory (wajib). If one fears committing adultery or sodomy / male-to-male relationship if they do not marry, then marriage becomes an obligation (fard). (S. HAWWA, 3/27)

Hadith: "O Young People! Whoever among you can afford marriage, let him get married. Because marriage protects the eye from looking at what is forbidden (..) and prevents adultery. I recommend anyone who cannot afford to marry to fast. For fasting has a power and quality that breaks lust." (From Bukhari; I.KARAGOZ, , 2/12)

"...settle for those whom your right hands possess (a female captive of war)..." Marriage with a female slave (jariya) is the restoration of her human dignity and honor. This is one of the merits through which she and her lineage gain their freedom from the master. Even if her master does not emancipate her at the time of marriage, when she gives birth, she is called "ummu walad" (mother of a child) and the master is forbidden from selling her. After the master's death, she becomes free. The child, however, is free from the day they are born. (S. KUTUB, 2/354)

4/4 THE DOWRY (MAHR) AND GOOD RELATIONS BETWEEN SPOUSES

Translation

4. (O believers!) Give the women (you marry) their dowries (mahr) with a good heart (as an obligatory duty); but if they, of their own good will, remit any part of it to you, then consume it with pleasure and wholesome appetite.

Commentary  

(4). "Give the women their dowries (mehir) with a good heart." In the Qur'an, mehir is mentioned in general terms; its amount and type are not specified.

The command "Give the women their dowries with a good heart" is binding. Therefore, it is obligatory (fard) for a man to give mehir to the woman he marries. (..) Since mehir is the woman's right, she may waive receiving it, or after receiving it, she may gift all or part of it to her spouse. This donation must be made by her (own) will and with a good heart. (I.KARAGOZ, , 2/14, 15)

In Islam, an amount of property or money is determined during the marriage ceremony to be given to the woman under the name of mehir. According to the Hanafi school, its minimum amount is 10 dirhams of silver coins. During the period of the Prophet (pbuh), 5 dirhams were approximately the price of one sheep.

The woman's entitlement to the full mehir: (a) Valid seclusion (Sahih halvet): The married couple staying alone in a room following the marriage contract. The woman becomes entitled to the full mehir even if sexual intercourse does not occur. (b) Sexual intercourse. (c) Death of one of the spouses: When the husband passes away, the woman becomes entitled to all of the mehir she has not received before.

The woman's entitlement to half of the mehir: If a valid marriage is terminated before valid seclusion or sexual intercourse due to an act of the husband such as divorce (talaq), annulment (fasakh), lian (oath of condemnation), or apostasy, the woman becomes entitled to half of the determined mehir.

Situations where the woman cannot receive mehir: If an invalid marriage, such as a marriage without witnesses, ends before sexual intercourse, the woman cannot claim mehir. If a marriage ends before sexual intercourse due to the woman's own fault or action, such as her apostasy or committing adultery with one of her husband's ascendants or descendants, the woman cannot claim mehir. (H.DONDUREN, 1/145)

4/5 PROPERTY IS A SUSTENANCE (A MEANS OF SUPPORT)

Translation

5. (O guardians and executors!) Do not give your properties (belonging to the orphans) which Allah has made a means of support for you, to those who are immature in intellect (until they reach the age of maturity). Provide for them and clothe them out of it, and speak to them with kind words.

Commentary  

(5). "Do not give your properties to the foolish." The term "sefih" (foolish/immature in intellect) mentioned here refers to a person who has not reached the age of maturity (rushd) in financial matters. A person who scatters and wastes their wealth where it should not be spent is included in this scope, as is a person who is incapable of evaluating, managing, and using their property in a proper way. (S. HAWWA, 3/35)

The "foolish" person here is the orphan who has reached the age of puberty without becoming mature in financial matters. However, those who resemble them in this regard also fall under this concept. Indeed, jurists (fuqaha) have derived the "principle of hacr" (legal interdiction/restriction) from this. Hacr can occur sometimes due to being a minor, sometimes due to insanity, sometimes due to poor management of property because of a deficiency in intellect or religion, and sometimes due to bankruptcy. (S. HAWWA, 3/35)

One of the principles that Islam attaches great importance to protecting is wealth. For the value of property is great in terms of being a means to sustain our worldly life. For this reason, our Almighty Lord does not permit the destruction of wealth in an unaccountable and immeasurable way, and He forbids wastefulness (israf) and extravagance. (cf. Al-A'raf 7/31; Al-Isra 17/26-27) It should not be forgotten that private wealth, regardless of whom it belongs to, is also accepted within the concept of "national wealth"; therefore, the whole society has a right in any private property. (O. CELIK, 1/549, 550)

4/6 OBSERVING THE ORPHANS

Translation

6. (O guardians and executors of orphans!) Observe (and) test the orphans until they reach the age of marriage. Then, if you perceive in them a sound judgment (the maturity to manage themselves), hand over their property to them. Do not consume it wastefully and in haste, fearing that they will grow up (and take the property from you). Let whoever (guardian) is rich abstain from it (not stoop to take it). But whoever is poor, let him consume of it according to custom (in a proper measure and amount of necessity, due to protecting and observing the property). When you hand over their property to them, have witnesses present in their presence. And Allah is sufficient as a Taker of Account.

Commentary  

(6). "Test the orphans until they reach the age of marriage." The lower limit of becoming an adult is 9 for girls and 12 for boys. The upper limit, according to Abu Hanifa, is 17 for girls and 18 for boys. A person becomes an adult through nocturnal emission (ihtilam), menstruation, or becoming pregnant. A sane and adult person becomes a direct addressee of Islamic commands and prohibitions. To be able to manage property, one must be mature (rashid). (...) A wealthy person who protects an orphan does this work without expectation of return, for the sake of Allah. If they are not wealthy, they receive a certain amount of fee according to custom. (H.DONDUREN, 1/146)

Guardians and executors who exercise discretion over the properties of orphans who cannot manage their own wealth may receive a share in accordance with custom and law in return for their services, if they are in need. There is no harm in this. Because they spend a certain amount of effort for their care and protection. For those who are not in need, not stooping to take such a share and doing this work for free and purely for the sake of Allah is a more virtuous behavior suitable for the pleasure of Allah. (O. CELIK, 1/550)

Hadith: "Whoever becomes the guardian of an orphan who has property, let him increase his property through trade (production and similar ways). Do not let it decrease with zakat." (From Abu Dawud Zakat 15; I.KARAGOZ, , 2/18)

4/7-10 THE ORPHAN'S SHARE IN INHERITANCE

Translation

7. For men, there is a share of what (deceased) parents and close relatives leave. And for women, there is a share of what parents and close relatives leave (behind). Whether it be little or much, it is given (to both) as a share made obligatory.

8. (O believers!) If (non-inheriting) relatives, orphans, and the needy are present at the time of the division (of the inheritance), give them something out of it and speak to them with kind words (comforting their hearts).

9. Let those (guardians and executors) who would fear for their own helpless and small children, if they were to leave them behind, be careful (about doing injustice to the orphans under their protection) during their own lives. Let them fear Allah and speak the right word.

10. Indeed, those who consume the property of orphans unjustly; they only consume a fire into their bellies. They will enter a blazing fire.

Commentary  

(7). "For men, there is a share of what parents and close relatives leave. For women, there is a share of what parents and close relatives leave." With this verse, another custom of the Age of Ignorance (Jahiliyyah) is abolished, and a just order is established in the distribution of inheritance. Before Islam, the Arabs did not give shares of inheritance to women and girls. (QUR’AN WAY, 2/20)

It is narrated that during the Age of Ignorance, the Arabs used to say, "One who does not fight with his spear and defend his homeland cannot be an heir," and upon this, they would not recognize women and children as heirs. (ELMALILI, 2/512, 515)

When Avs b. Sabit from the Ansar passed away, his two nephews seized his property, and no share was given to his wife and children. Upon his wife Umm Kubra's application to the Prophet (pbuh), this verse was revealed. (H.DONDUREN, 1/146)

(8). "If relatives, orphans, and the needy are present while the inheritance is being shared, give them something from that inheritance." This verse presents a concrete example of the virtues such as compassion and unrequited help that Islam tries to establish. Accordingly, if someone who has passed away and left a small or large amount of property has distant relatives, servants, or neighbors who do not have a share in the inheritance alongside the legal heirs, they should also be given something from the inheritance. Scholars are generally of the opinion that the recommendation in the verse expresses a recommended act (mandub), not a command. Therefore, giving such a share is not mandatory. (O. CELIK, 1/552)

(...) We must also remember this: Spending in such a situation is limited by the consent of all heirs and the fact that these heirs have the right to make donations. If the heirs are minors, no one can make a donation (teberru) on their behalf. Or, if there are small children among the heirs, the adults can donate from their own shares; but they cannot make donations from the shares of the minors. (S. HAWWA, 3/45, 46)

(9). "And speak to them with kind words." What is meant by kind words here could be stating an excuse in a nice way, promising good things, or giving them something without creating an impression or a word of "we gave too much" or "reminding them of the favor," or it could be giving them something while also offering a prayer for them. (S. HAWWA, 3/44)

"let them speak the right word." It is commanded that guardians and executors speak the right (word) to the children under their supervision and speak to them with a beautiful language, just as they would speak to their own children. (S. HAWWA, 3/44)

Hadith: "Whoever strokes the head of an orphan for the sake of Allah, a reward for every single hair his hand touches will be written for him as a good deed and a good act." (From Ahmad; I.KARAGOZ, , 2/21)

Hadith: Pointing with his index and middle fingers, he said, "I and the person who protects the orphan will be together in Paradise like this." (From Tirmidhi Birr 14, Bukhari Adab 24; I.KARAGOZ, , 2/21)

(10). "Indeed, those who consume the property of orphans unjustly; they only fill their bellies with fire." In this verse, it is stated that consuming the property of orphans unjustly is oppression (zulm), haram, and a great sin; that it must be avoided, and that those who consume the property of orphans unjustly will be punished with Hell. Our Prophet (pbuh) counted consuming the property of orphans unjustly among the seven great sins that lead to destruction. (..) Consuming the property of orphans unjustly is both a great sin and taking on the violation of another's rights (kul hakki). If those who commit a great sin do not repent, and those who take on the rights of others do not settle accounts with the rightful owner, they will be punished with Hell according to this noble verse. (I.KARAGOZ, , 2/22)

4/11-14 INHERITANCE LAW (FERAIZ)

Translation

11. (O believers!) Allah commands you concerning your children: for the male, a share equal to that of two females (daughters). If there are (only) daughters, two or more, they shall have two-thirds of the (deceased's) inheritance. If there is only one daughter, her share is a half. For each of the parents of the deceased, there is a sixth of the inheritance if the deceased left a child. If the deceased left no child and the parents are the (only) heirs, the mother has a third (and the rest goes to the father as asaba). If the deceased had brothers or sisters, the mother has a sixth (the rest goes to the father; if no father, to the siblings). (All these rulings apply) after any testament he may have made or any debt (is paid; first debts are settled, then the testament is paid from one-third of the remainder, and the rest is distributed). You do not know which of them, your fathers or your sons, are nearer to you in benefit. (These shares) are obligations (fixed portions) ordained by Allah. Indeed, Allah is All-Knowing, All-Wise.

12. (O believers!) In what your wives leave, your share is a half if they leave no child; but if they leave a child, you get a fourth of what they leave, after (payment of) any testament they may have made or any debt. And to them (your widows) belongs a fourth of what you leave if you leave no child; but if you leave a child, they get an eighth of what you leave, after (payment of) any testament you may have made or any debt. If a man or a woman leaves an inheritance through "kelale" (leaving neither ascendants nor descendants) and has a brother or a sister (on the mother’s side), each of them shall have a sixth. But if they are more than that, they share in a third, after (payment of) any testament or debt that does not cause harm (to the heirs). This is an ordinance from Allah. Allah is All-Knowing, Most Forbearing (He does not hasten to punish). [cf. 4/7]

13. These (rulings regarding inheritance) are the limits set by Allah. Whoever obeys Allah and His Messenger, He will admit him to gardens beneath which rivers flow, remaining therein eternally. (That) is the greatest success (and bliss).

14. And whoever disobeys Allah and His Messenger and transgresses His limits (against His rulings), He will put him into a Fire, to remain therein eternally. And for him is a humiliating punishment.

Commentary  

(11). (I) "Allah commands you regarding your children" as to the inheritance they will receive:

When male and female children become heirs together, "a male shall have a share equal to that of two females."

If there are no males among the children and there are two or "more than two daughters, they receive two-thirds (2/3) of the inheritance."

If there is only "a single daughter," she receives "half (1/2)" of the inheritance.

A male child receives the entire inheritance if there are no other heirs with him. If there are other heirs, he takes what remains after they receive their shares. (M. KISA, 1/97)

In other words: (1) If the deceased has two or more male and female children, they take the inheritance of their parents on a two-to-one basis; meaning the male gets the share of two females. (2) If the deceased has no spouse, daughter, mother, or father, and only has sons, they divide the entire inheritance equally among themselves. (3) If the deceased has no spouse, son, mother, or father, and has only one son, he takes the entire inheritance. (4) If the deceased has no spouse, son, mother, or father, and only has one daughter, she takes half of the inheritance. If there are no other heirs, she also takes the remainder. (5) If the deceased has two or more daughters, they take 2/3 of the inheritance. If there are no other heirs, the daughters take the remainder along with their shares. (I.KARAGOZ, , 2/26)

The inheritance of Mother and Father: (1) If the mother and father are heirs along with one or more daughters or sons of the deceased, the mother takes 1/6 and the father takes 1/6 of the inheritance. (2) If the mother and father are heirs without a son but with only one daughter, the daughter takes half of the inheritance. Of the remaining half, the mother takes 1/6 and the father takes 1/6. The father takes the remaining 1/6 as the residuary (asaba). (3) If the deceased has no children and only the mother and father are heirs, the mother takes 1/3 and the father takes 2/3. (4) If the deceased has no child and no spouse, but has the mother, father, and siblings, the mother takes 1/6. According to the majority of the companions and scholars, siblings cannot be heirs because the father is the residuary (asaba). After the mother takes 1/6, the father takes 1/6 as a fixed share (ashab-i fard), and then he takes the remaining 4/6 as the residuary. (I.KARAGOZ, 2/26)

(II) "As for the parents of the deceased": (1) "If" the deceased "has a child" (son or daughter), "each of the parents shall have a sixth (1/6) of the inheritance." (2) If the deceased has no son or grandson, the father takes his own share plus whatever remains. If the father is the sole heir, he takes everything. (3) If the deceased's mother, father, and spouse are present; the mother takes one-third (1/3) of what remains after the spouse's share, and the father takes the rest. (4) If the deceased "has no children and his parents are his" only "heirs, his mother receives a third (1/3) share." The father takes the remaining two-thirds (2/3). (5) If the deceased has no children but "has brothers or sisters," whether the father is present or not, "his mother" still "receives a sixth (1/6) share." Because two siblings reduce the mother's share by half. In this case, if the father is present, he takes the rest. Even though siblings reduce the mother's share, they do not inherit when the father is present. Likewise, siblings cannot inherit when the deceased has a child. They only inherit if the deceased has neither father nor child—which is called kelale. The shares of maternal siblings (mother's side) are explained in the 12th verse of this surah; full or paternal siblings' shares are explained in the 176th verse. (6) If the deceased had no child and only one brother or sister, the mother would still receive a third (1/3). (...) (M. KISA, 1/97)

In the Age of Ignorance, inheritance went only to the male child. Distribution in Islamic law is based on balancing those who carry responsibility. In Islamic family law, it is the man who gives the dowry (mehir), pays for wedding expenses, provides a home, and sets up a business. After marriage, it is the man who looks after the spouse, children, and needy relatives. The woman is not responsible for these. Her dowry and her inheritance from her father belong only to her. Because the woman is sufficiently protected, the man's share is twice the woman's to ensure balance. This applies when daughters inherit from parents. In other cases, she may receive the same as her brother. For example, women are share-holders (ashab-i feraiz) in 8-9 situations, while men are in 3-4 situations. In only one situation do sons get double the daughters' share. Generally, women have more rights in inheritance in various positions. Also, parents of the deceased always receive a share. This differs from other legal systems that may deprive parents and is designed to protect elderly parents. (H. T. FEYIZLI, 1/77)

Debt (Verse 11): Hadith: When a person asked, "O Messenger of Allah, if I am killed in the way of Allah, will all my sins be forgiven?" the Messenger of Allah said: "Yes, they will be forgiven, except for debt." (From Muslim)

Hadith: A funeral was brought for prayer. For this person who had a debt, the Messenger of Allah said, "You perform the prayer for your companion yourselves." After a companion undertook to pay the debt, the Prophet performed the prayer. (..)

"This is after any testament or debt is fulfilled." When a Muslim dies, the following must be done in order: (1) Shroud and funeral expenses are paid first from the inheritance. (2) Then the deceased's debts are paid from the entire property. Debts to people (kul borcu) take priority over debts like zakat or expiation (kafara). (3) Then the testament is fulfilled, which is limited to 1/3 of the property (Bukhari). A Muslim cannot leave property to their heirs through a testament. The Prophet said: "There is no testament for an heir." (Tirmidhi). (4) If property remains after debt and testament, it is divided among heirs. (I.KARAGOZ, 2/24)

(12). (III) O Men! Regarding your "wives" who die and leave inheritance: (1) If they have no "child," whether boy or girl, "half (1/2) of what they leave belongs to you." (2) "But if" your wives "have a child" or more, "only a fourth (1/4) of the inheritance belongs to you." The remaining 3/4 is distributed among other heirs. (M. KISA, 1/98)

(IV) If you die and leave inheritance to your wife: (1) If "you have no child," whether boy or girl, "one-fourth (1/4) of what you leave belongs to your wife." (2) "But if you have a child" or more, your wife "receives only one-eighth (1/8) of the inheritance." (M. KISA 1/98).

(V) Regarding the share of "maternal" siblings (mother's side): If the deceased has a father or at least one child, the siblings do not receive a share. However, "if a man or a woman leaves an inheritance as a kelale" (neither father nor child); (1) "If" the deceased has "one brother or one sister" from the same mother but a different father, "each of them receives a sixth (1/6)." (2) "But if" the siblings "are more than that," meaning two or more, "they share one-third (1/3) of the inheritance" equally between males and females. (M. KISA, 1/98)

These verses were revealed in Medina after the Battle of Uhud. When Sa’d b. Rabi was martyred at Uhud, his brother seized all his property, leaving nothing for his wife and daughter. Upon this, these verses were revealed. (H.DONDUREN, 1/146)

Islam and Inheritance: The causes of being an heir are three: (a) Kinship, (b) Marriage, (c) Wala (legal contract). The barriers to inheritance are four: (a) Killing the deceased, (b) Difference of religion, (c) Difference of country (for non-Muslims), (d) Slavery. (H.DONDUREN, 1/147)

The following cannot be heirs: (1) One who kills their heir, (2) A non-Muslim, (3) One born of adultery, (4) A stillborn child, (5) An adopted child. (I.KARAGOZ, , 2/24, 25)

Women are in an advantageous position because, although they take half of what men take, they benefit from their husbands' property for their livelihoods. While women use their shares as they wish, men have obligations like providing dowry, family sustenance, military service, and financial support for needy relatives. (QUR’AN WAY, 2/27)

(14). "Whoever disobeys Allah and His Messenger and transgresses His limits... will enter a Fire." The Messenger of Allah (pbuh) said, "Whoever obeys my commands obeys Allah. Whoever disobeys me disobeys Allah." (Bukhari). Every ruling set by the Messenger is in line with the Qur'an and under Allah's supervision. (H. T. FEYIZLI, 1/78)

4/15-16 ADULTERY AND ITS PUNISHMENT

Translation

15. (O believers!) Against those of your women who commit lewdness (adultery), call four (male) witnesses from among yourselves (to prove it). If they (four people) bear witness, then keep those women in confinement in their houses until death takes them away or Allah ordains for them another way (discontinue relationship with her, do not let her mix with society).

16. (O believers!) Punish both of those among you who commit lewdness. If they repent and amend their conduct, then leave them alone (stop the pressure on them). Surely, Allah is the Acceptor of Repentance, the Most Merciful.

Commentary  

(15). "Against those of your women who commit adultery, call four witnesses from among yourselves. If they bear witness, confine these women in houses until death takes them away or Allah opens a way out for them." With this, the punishment for the adulterous woman was determined as "life imprisonment until death" for a period until another decree from Allah was revealed. Therefore, when the verses in Surah An-Nur stating, "Strike the adulteress and the adulterer each with a hundred lashes" (An-Nur 24/2) were revealed, this life imprisonment became null and void; this is the requirement of the provision "until Allah opens a way out for them." As for the ruling regarding witnessing, it remains as a solid basis for the determination of adultery. (ELMALILI, 2/530)

In the proof of adultery, witnesses must be just, meaning religious believers who perform their obligatory duties and do not commit major sins, and they must clearly see with their own eyes that the man and woman are having sexual intercourse. (I.KARAGOZ, 2/33)

(16). As for the men who commit adultery: "Punish both of those among you who commit it (adultery / lewdness)." That is, discipline them with verbal or physical tazir / reprimand, the amount of which is left to you. (...) On the other hand, it has been narrated from Mujahid that this verse is not about adultery, but about sexual perversion between men, and therefore it consists of two men. Abu Muslim of Isfahan also preferred this view. (ELMALILI, 2/530, 531)

Lewdness (Fuhush): It means committing adultery or cheating on one's spouse. (...) In the beginning of Islam, a woman who committed adultery would be confined to a house and could not go out until she died. According to Ibn Abbas, Allah's opening of a way for the one who commits adultery occurred through the revelation of verse 24/2 of Surah An-Nur, in the form of a hundred lashes for the unmarried and the punishment of stoning (recm) for the married. In the verse, the testimony of four Muslim men is deemed necessary for the adultery to be established. (H.DONDUREN, 1/150)

"Until Allah opens a way for them." Ibn Abbas stated that the way opened by Allah—meaning the solution intended by this—was stoning (killing by stoning) for the adultery of the married and a hundred lashes for the adultery of the unmarried. (..) While the Prophet was alive, a few stoning punishments were implemented. The punishment of stoning is not included in the Qur'an. The Prophet was not present at the execution of the stoning punishment; he delegated it to others. The proof of the crime in all these incidents resulted from the confession of the perpetrator, and the punishment was executed upon the persistent request of the Muslim perpetrators to be purified from sin. (QUR’AN WAY, 2/30, 31, 32)

Hadith: A companion named Maiz started to run away due to the pain of life when the execution began; the executors who caught up with him killed him. When they returned, they told the situation to the Prophet. He said: "I wish you had left him. He was repenting, and Allah was accepting it." In the face of the companions speaking back and forth about the stoned Muslims, he also said: "He repented in such a way that if it were distributed to a whole community (ummah), it would be enough for every single member." (From Muslim Hudud 22; QUR’AN WAY, 2/32)

4/17-18 REPENTANCE (TAWBAH)

Translation

17. (O believers!) Repentance (acceptable) in the sight of Allah is only for those who commit an evil (a sin) out of ignorance and then repent quickly (feeling regret). It is they whose repentance Allah accepts. And Allah is ever All-Knowing, All-Wise.

18. But repentance is not accepted from those who keep on committing evils (sins) until, when death comes to one of them, he says: "Indeed, I have repented now," nor from those who die while they are disbelievers. For them, We have prepared a painful punishment.

Commentary  

(17). "Repentance (acceptable) in the sight of Allah is only for those who commit an evil (a sin) out of ignorance and then repent quickly (feeling regret)." Every human being, except for the Prophets, can commit sins. The best of those who sin are those who repent. (Ibn Majah). In the Qur'an, repenting immediately for a committed sin is mentioned as a characteristic of the righteous (muttaqin) for whom Paradise is prepared. (3/133, 134). In this respect, repenting for major sins is an obligatory (fard) duty. Because repentance is a definite command of Allah. (24/31, 66/8). Those who commit sins and do not repent are oppressors (zalim). (49/11). Repenting for a sin is an act of worship. For this reason, our Prophet (pbuh) made repentance and sought forgiveness (tawba-i istighfar) a hundred times a day. (From Muslim; I.KARAGOZ, 2/36)

(18). For a repentance to be valid and to be a sincere repentance (tawba-i nasuh) (66/8), the following conditions must be met: (a). Feeling regret (7/23), (b). Exalting Allah and asking for pardon and forgiveness from Him (71/28), (c). Abandoning the sin and reforming one's condition (6/54), (d). Not leaving the repentance to the last breath (4/18), (e). If there is a violation of someone's right (kul hakki), settling the matter with the rightful owner (From Bukhari; I.KARAGOZ, 2/36).

Hadith: "Exalted Allah accepts the repentance of His servant as long as the soul does not reach the throat (death rattle)." (From Ibn Majah Zuhd 30; I.KARAGOZ, 2/36)

Hadith: "The one who repents for their sin is like one who has no sin at all." (From Ibn Majah Zuhd 30; I.KARAGOZ, 2/36)

Before the state of the death throes, while there is still hope for life, it is valid to convert from disbelief to faith through repentance. However, in the state of death throes, when hope for life is lost, repenting from disbelief and having faith is not valid. After believing, there should be a time found to perform good deeds. However, the repentance of a believer who has committed a sin may also be valid at the last breath. "Do not despair of the mercy of Allah." (Az-Zumar 39/53) Nevertheless, it is not definitely promised that the repentance will be accepted. (ELMALILI, 2/531)

4/19 KIND TREATMENT OF WOMEN

Translation

19. O you who believe! It is not lawful for you to inherit (the relatives of deceased husbands) women by force (like property). Do not treat them harshly (this is not lawful) in order to take back a part of what (dowry) you have given them, unless they commit open lewdness / extreme indecency. Live with them in a good way (on honorable terms). If you dislike them (be patient and know that), you may dislike a thing in which Allah has placed much good.

Commentary  

(19). "It is not lawful for you to inherit women by force." (...) The verse mentioned here abolishes a tradition from the Age of Ignorance (Jahiliyyah). This tradition meant usurping the rights of women by forcibly marrying them or seizing their property through various ways. Therefore, rather than narrowing the meaning of the verse to a single purpose, it would be a more accurate approach to interpret it as referring to every kind of domination / ruling by force that could mean a violation of rights toward women. For such behaviors toward women are essentially always injustice and oppression (zulm). For this reason, the Qur'an put an end to the oppression in question and gave existing rights regarding marriage and property to the rightful owners, as it did in other fields. (M. DEMIRCI, 1/275)

"To inherit women by force" (In the Age of Ignorance, a blood relative of a deceased person would become an heir to his widowed wife—just as he was an heir to the property—even if the woman did not want it. He would either take her for himself without giving a dowry (mehir), or marry her off to someone else with her initial dowry and take that dowry for himself, or prevent her from marrying in order to benefit from her property. Indeed, the Qur'an destroyed this custom and brought freedom to women in marriage. (H. T. FEYIZLI, 1/79)

"Live with them in a good way" Being of good character and constantly having a smiling face was among the morals of the Messenger of Allah. He would converse with his family members, make jokes, and laugh with his wives; he even had a running race with Aisha (ra) to show his love for her. (S. HAWWA, 3/75)

Allah is the one who knows best what is good and what is bad. Sometimes something that a human being perceives as evil (sharr) may be good (khayr) for them. This is also the case in marriages. Even if a person does not like their spouse, there may be good in the continuation of the marriage. This matter is expressed in the verse with the sentence: "If you dislike them, it may be that you dislike a thing and Allah creates much good in it." With this sentence, Almighty Allah asks men not to immediately resort to divorce for minor problems except for "adultery" and "disobedience (nushuz)," and He informs them that there may be many benefits in maintaining the marriage. In the event that the marriage continues, Allah may give a righteous child; He may create love between the spouses because of this child, and He may increase their sustenance (rizq). (I.KARAGOZ, 2/41) Who knows, perhaps because of this righteous child, their books of deeds will remain open!

Hadith: In the Farewell Sermon, he spoke about women's rights as follows: "O people! I advise you to observe the rights of women and to fear Allah regarding this matter. You have taken women as a trust (amanah) from Allah, and you have made their honor and chastity lawful for yourselves by giving a word in the name of Allah." (From Muslim Hajj 147; I.KARAGOZ, 2/40)

4/20-21 DOWRY (MAHR)

Translation

20. (O believers!) If you wish to replace one wife with another and you have given one of them a heap of gold (as mehir), do not take anything back from it. Would you take it back by slandering her and committing a manifest sin?

21. And how could you take it back when you have been intimate with each other (laid your heads on the same pillow) and they have taken from you a solemn pledge (through the marriage contract)?

Commentary  

(20). "If you wish to replace one wife with another, do not take anything from the first one even if you have given her heaps of gold." Giving mehir is an obligatory (fard) duty. (4/4) The mehir given to a woman cannot be taken back; if it has not been given, it must be paid. If mehir is taken by force or not given at all, it becomes oppression (zulm) and a great sin. A man can only take the mehir if the woman gives it of her own free will. (4/4). The verse also expresses that a man should not take back the gifts he has given to his wife. (I.KARAGOZ, 2/43)

Based on this verse, some commentators and jurists have argued that there is no upper limit for mehir. Although the Prophet (pbuh) advised not to go to extremes regarding the upper limit of mehir, he did not prevent those who have the means from giving more. When Umar (ra) set the upper limit of mehir at 400 dirhams (1280 gr) of silver, a Qurayshi woman objected by reciting this verse, and upon this, Umar (ra) removed this restriction. (QUR’AN WAY, 2/38, 39)

In the Age of Ignorance, one who wanted to divorce his wife would slander her by saying "she committed adultery" in order not to pay the mehir he had not yet given, or to take it back if he had already given it. However, mehir is the woman's own property; even if he divorces her or dies, if the mehir has not been paid, it must be paid immediately. It is not lawful for men to take it back through trickery or force. (H. T. FEYIZLI, 1/80)

(21). "While you have been intimate with each other" In this verse, the taking back of mehir is rejected. The "mixing and joining" mentioned in the noble verse actually refers to being alone together (seclusion) and the relations that occur during this time. The meaning is this: After you have been alone together and after the marriage contract, and then either keeping her in kindness or letting her go with grace, how can you take something from the mehir you gave them and attempt to divorce? (S. HAWWA, 3/74)

From the words of Almighty Allah, "you have been intimate with each other," Hanafi scholars have derived the following ruling: A valid seclusion (sahih halvet) necessitates the mehir even if there is no sexual intercourse between them. (S. HAWWA, 3/78)

4/22-24 WOMEN PROHIBITED FOR MARRIAGE

Translation

22. (O believers!) Do not marry those women whom your fathers married, except for what has already passed (in the Age of Ignorance). Indeed, it is a lewdness and an abominable act that causes divine wrath. And it is an evil way!

23. (O believers!) Prohibited to you (for marriage) are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, your brother's daughters, your sister's daughters (those who are related to you by lineage), your (milk) mothers who nursed you, your milk-sisters, your wives' mothers, and your step-daughters under your guardianship born of your wives with whom you have consummated marriage. But if you have not consummated marriage with them (their mothers), there is no sin upon you (to marry those daughters). Also (prohibited are) the wives of your (biological) sons who are from your own loins, and taking two sisters together in marriage (is also prohibited). Except for what has already passed, surely Allah is All-Forgiving, Most Merciful.

24. (O believers!) Also (prohibited for marriage are) married women. Except for those (concubines) who pass into your hands (as captives in war). (These are) the laws of Allah prescribed for you. Beyond these, it is made lawful for you to seek (women) with your wealth (by giving mehir), provided that you are chaste / devoted to honor and abstain from "sifah" (fornication/adultery which is union without marriage). So, give the appointed marriage portions (mehir) to the women from whom you have benefited (by marrying them definitely). There is no blame on you for what you mutually agree upon after the appointment of the mehir (regarding increasing or decreasing it). Surely, Allah is All-Knowing, All-Wise.

Commentary  

(22). "Do not marry the women whom your fathers married." Does the word "married" (nikah) here mean the marriage contract or sexual intercourse? Two answers are given to this: (a) The marriage contract, (b) Both the marriage contract and sexual intercourse without a contract, i.e., adultery (zina). Adultery also creates an impediment to marriage. A woman with whom a father has committed adultery becomes like a stepmother to the son, and it is not permissible for him to marry her. (QUR’AN WAY, 2/42)

(23). This religion establishes that making something lawful (halal) or prohibited (haram) belongs entirely to Allah. For both are the most distinct characteristics of being God (ilah). No authority other than Allah has the power to make lawful or prohibited. Allah alone makes lawful what He wills and prohibits what He wills for people. No one else can set any ruling on this. No one can attempt such a claim, for this behavior is synonymous with claiming divinity. (S. KUTUB, 2/398)

The women prohibited for marriage in Islam are listed as follows:

(I). Women prohibited due to lineage (nasab):

1.Your mothers: Your own mothers, the mothers of your father and mother; all your grandmothers, no matter how far back they go, are forbidden to you.

2.Your daughters: Both your own daughters and the daughters of your son or daughter; granddaughters, no matter how far down they go, all girls coming from your lineage are forbidden to you.

3.Your sisters: All your sisters, whether they are full sisters, or from the same mother or the same father.

4.Your paternal aunts: All your paternal aunts who are the sisters of your fathers and grandfathers.

5.Your maternal aunts: All your maternal aunts, big or small, who are the sisters of your mothers and grandmothers.

6.The daughters of your brothers: Granddaughters, and all female nieces coming from that line.

7.The daughters of your sisters: Granddaughters, and all female nieces coming from that line. (O. CELIK, 1/566)

(II). Women prohibited due to nursing :

1.Your milk-mothers and grandmothers who nursed you. A milk-mother is the woman who nursed the person, or the lineage/milk mothers and grandmothers of this woman. All of them are forbidden to the one who was nursed.

2.Your milk-sisters: The Prophet (pbuh) said: "Whatever is prohibited by lineage is also prohibited by nursing." (Bukhari, Muslim). According to most scholars, prohibited nursing is limited to the first two years of age. There are differences of opinion regarding the amount of milk that makes marriage prohibited. The majority accepted that even a single drop of milk entering the stomach of a child under two years old creates a "milk kinship" relationship. Some have said that at least five full feedings are necessary for this. (O. CELIK, 1/566)

(III). Women prohibited due to marriage (nikah):

1.The mothers of your wives: The mothers of all the women you have married, i.e., your mothers-in-law and their mothers, are forbidden to you, whether or not sexual intercourse occurred.

2.Your step-daughters who are under your guardianship and are the children of your wives with whom you have had sexual intercourse. If you married the mothers but have not yet had sexual intercourse, there is no harm in marrying their daughters when your marriage ends.

3.The wives of your own biological sons, i.e., your daughters-in-law. This expression also covers the wives of all your grandsons. Adopted children are excluded from this ruling by the phrase "from your own loins" / "from your lineage."

4.Marrying two sisters at the same time is also forbidden to you. (..)

5.(..) A woman cannot be married together with her paternal aunt, her maternal aunt, or the daughter of her brother or sister. (Basis: Hadith, Abu Dawud)

6.All women who are under the marriage contract of others are also forbidden to you (4/24). (O. CELIK, 1/567)

(24). "Also (prohibited for marriage are) married women": The term "muhsan women" mentioned while listing marriage impediments refers to married women. With this verse, the custom of being married to more than one man—which was seen as permissible in some cases during the Age of Ignorance—was abolished, and the ruling was brought that a woman can only be under the marriage of one man. (QUR’AN WAY, 2/44)

A married woman can only be married after she is divorced and her waiting period (iddah), i.e., three menstrual cycles or three periods of purity, has ended. Concubines who are prisoners of war are exempted from this. When a woman is taken captive, the marriage bond ends. (..) Today, the practice of concubinage does not exist. (I.KARAGOZ, 2/49)

"So, give the appointed marriage portions (mehir) to the women from whom you have benefited (by marrying definitely)": Some Rafizi and Shia groups (it is still applied among Jafaris (QUR’AN WAY, 2/45)) have interpreted this part of the verse as evidence for "mut'a" (temporary) marriage. This is a gross / great error. What is meant by "benefiting" (istimta) here is to benefit from spouses through sexual intercourse. The prohibition of mut'a marriage is established by the Sunnah and consensus (ijma). (M.A. SABUNI, 1/249)

The basis for the prohibition of mut'a is the following narration from Ali (ra): On the day Khaybar was conquered, he (the Prophet) prohibited mut'a marriage and the meat of domestic donkeys. (S. HAWWA, 3/87, from Muslim)

"Beyond these, it is made lawful for you to marry other women." A Muslim can marry up to four free women who are Muslim or from the People of the Book (5/5) and have no marriage impediments. For the marriage to be valid, there must be no impediment to marriage, a mutual declaration of will, at least two male Muslim witnesses during the marriage, and according to Imam Shafi'i, the consent of the guardian (wali) is also required. (..) In this verse, three conditions for married life are also stated: (a). Giving the woman her mehir, (..) (b). Being chaste and honorable, (..) (c). Not committing adultery. (I.KARAGOZ, 2/49)

4/25 MARRYING CONCUBINES

Translation

25. (O believers!) Whoever among you does not have the financial means to marry chaste, free, and believing women, let him marry from among the believing young (captive) women (concubines) whom you possess under your hands. Allah knows best about your faith. After all, you are from one another (you are all followers of the same religion). Therefore, marry them with the permission of their guardians as chaste women—not as those who commit lewdness or take secret lovers—and give them their marriage portions (mehir) according to custom. When they are taken in marriage, if they commit lewdness (adultery), their punishment is half of that which is given to free (married) women. This (permission to marry a concubine) is for those among you who fear falling into hardship (committing adultery). But that you practice self-restraint (be patient) is better for you. Allah is All-Forgiving, Most Merciful. [cf. 2/221]

Commentary

"Let him take one of the believing young women (concubines) whom you possess." In an environment where slaves were treated like animals, the Qur'an uses expressions such as Feteyat (young girls) and "you are all from the same root," thereby breaking the established perceptions regarding slavery. This is a revolution and a step taken by Islam to abolish slavery. (QUR’AN WAY, 2/47)

In the Age of Ignorance (Jahiliyyah), owners of concubines would rent them out for the purpose of committing lewdness (fuhush) in exchange for a fee and earn money through them. This verse abolished this ugly and inhumane custom and required that marriage with concubines be an honorable, serious, and legal marriage. (QUR’AN WAY, 2/48)

"If they commit adultery when they are married, they shall have half the punishment prescribed for free women." (...) That is, fifty lashes (celde) are given. The command "half the punishment given to free women" is evidence that the punishment mentioned here is lashes, not stoning (recm). Because "half of stoning" is out of the question (it cannot be divided in half). (S. HAWWA, 3/92)

4/26-28 ALLAH’S BOUNTIES UPON THIS UMMAH

Translation

26. (O believers!) Allah wishes to explain to you (the rulings of lawful and prohibited), to guide you to the ways of those (good people) who were before you, and to accept your repentance. And Allah is All-Knowing, All-Wise.

27. (O believers!) Allah wishes to accept your repentance; but those who follow their lusts and evil desires (and the non-Muslims) wish that you should deviate (from the right path) completely (just like themselves).

28. (O believers!) Allah wishes to lighten for you (your religious obligations). (Because) man was created weak.

Commentary  

(28). "Allah wishes to lighten for you." He wishes to lighten your burden in His legal rulings, commands, and prohibitions. Making the marriage of concubines lawful and other similar licenses (rukhsah) are examples of this lightening. (S. HAWWA, 3/93)

"...for man was created weak." Man is weak against his lusts and desires. He can hardly endure his lust and the hardships of acts of obedience. This verse expresses man's weakness regarding women. (S. HAWWA, 3/94) (Recorded: Sunday, 05.04.2009, 20:00)

Allah's "wish to lighten religious obligations" is a requirement of His mercy toward His servants. All rulings of the religion are of a nature that people can implement. Every person is responsible according to their capacity (2/285). Allah constantly desires ease for His servants in His rulings (2/185). Allah did not send the Qur'an to people to cause hardship (22/78). (I.KARAGOZ, 2/56)

"Man's being created weak" means that man is created weak. His weakness lies in his fondness for lust, being a prisoner to his anger, his intolerance, and his lack of strength in resisting the desires of the soul (nafs), whims, and worldly pleasures. (I.KARAGOZ, 2/56)

Hadith: "I have been sent with a religion that is easy and tolerant (the Hanif religion)." (From Ahmed b. Hanbel 5/266; O. CELIK, 1/571)

4/29-31 PRESERVATION OF PROPERTY AND LIFE

Translation

29. O you who believe! Do not consume (do not take or spend) your property among yourselves through false means (bribery and similar unlawful ways), unless it be a trade by mutual consent (without trickery, without deception, honest); and do not kill yourselves (or one another). Surely, Allah is ever Merciful to you.

30. And whoever does that (taking a life) in aggression and injustice, We shall cast him into the Fire. And that is ever easy for Allah.

31. (O believers!) If you avoid the major sins which you are forbidden, We will remit your (other) misdeeds and admit you to a noble place (Paradise).

Commentary  

(29). "Do not consume your property among yourselves through false means." Do not consume your property among yourselves (meaning both in general and between spouses or relatives) in a false, i.e., unjust and