7. REASONS FOR SENDING DOWN THE QUR’ᾹN IN STAGES (2)

 

7. REASONS FOR SENDING DOWN THE QUR’ᾹN IN STAGES (2)

Other reasons for sending down the Qur’an in stages are as follows:

3. To gradually implement the Sharī‘ah (Islamic law). There were many Arab traditions contrary to Islam which were difficult to abandon, and should be abolished gradually, such as the following:

a. Drinking alcohol. It was abolished in three stages:

    More harm in drinking alcohol than benefit, in the verse:

يَسْأَلُونَكَ عَنِ الْخَمْرِ وَالْمَيْسِرِ قُلْ فِيهِمَا إِثْمٌ كَبِيرٌ وَمَنَافِعُ لِلنَّاسِ

وَإِثْمُهُمَا أَكْبَرُ مِنْ نَفْعِهِمَا …(البقرة: 219)

They ask you (O Muhammad) concerning alcoholic

drink and gambling. Say, “In them is a great sin, and

 (some) benefits for men, but the sin of them is

greater than their benefit… (Q. 2:219)

   Prohibition of approaching prayer while one is being drunk, as in the verse,

يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَقْرَبُوا الصَّلَاةَ وَأَنْتُمْ سُكَارَى حَتَّى

 تَعْلَمُوا مَا تَقُولُونَ …(النساء:43)

O you who believe! Approach not the prayer while

 you are in a drunken state until you know

 (the meaning) of what you utter…(Q. 4:43)

       Drinking alcohol became fully and explicitly prohibited, as in the verse,

يَا أَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالْأَنْصَابُ وَالْأَزْلَامُ رِجْسٌ

مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ (المائدة:90)

 O you who believe! Intoxicants (all kinds of alcoholic

 drinks, and gambling, and slaughtered animals for stone

 altars, and arrows for seeking luck or decision are an abomination of Satan’s handiwork. So avoid (all of)

 that (abomination) in order that you

may be successful. (Q. 5:90)

b. Introducing the law of inheritance. Before and the early period of Islam women could not have inheritance, they themselves were even objects of inheritance and parts of the possession of men. Then the Qur’an gave them share in the inheritance, as in the verse:

لِلرِّجَالِ نَصِيبٌ مِمَّا تَرَكَ الْوَالِدَانِ وَالْأَقْرَبُونَ وَلِلنِّسَاءِ نَصِيبٌ مِمَّا تَرَكَ

 الْوَالِدَانِ وَالْأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيبًا مَفْرُوضًا (النساء:7)  

Men shall have a share in what parents and kinsfolk

 leave behind, and women shall have  a share in what

 parents and kinsfolk leave behind. (Q. 4:7)

It is commonly known that female relatives get half of the share of male relative of the deceased. Allah says in the Qur’ān:

يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ ... (النساء:11)

Allah commands you as regards your children’s

 (inheritance): to the male,  a portion equal

 to that of two females; …(Q. 4:11)

This seems to be unfair for people who misunderstand Islam. The share of inheritance is based on closeness to the deceased and the responsibility of maintaining his and the younger generation. As a wife, she and her children’s maintenance is her husband’s responsibility as a provider, although she is rich.  As a mother, it is the responsibility of her son; as a daughter, her father; as a sister, her brother. Women in Islam, according to Islamic law, are well-protected by her male relatives.

The fact that women inherit less than men in Islam, is only part of the truth, and not the whole truth. They can inherit as much as men, if the deceased left children, the mother and the father received each one-sixth of the inheritance. Allah says:

... وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ (النساء:11)

 …; for parents, a sixth share of inheritance to

each if the deceased left children.  (Q. 4:11)

The brothers and sisters of the deceased from the same mother will also inherit equal portions.

              Women can inherit more than men. If a woman has three half-brothers of the same father, she gets half of the inheritance of the father, and the remaining half is distributed equally among the three half-brothers.

              Women can inherit the whole inheritance. If she dies leaving a husband, a full-sister and a brother by her father, the husband and the full-sister each will get half, and the half-brother will get nothing.

c. Establishment of Islamic marriage institution. The number of wives is limited to four. Allah says in the Qur’ān,

وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَى فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ

النِّسَاءِ مَثْنَى وَثُلَاثَ وَرُبَاعَ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ

أَيْمَانُكُمْ ذَلِكَ أَدْنَى أَلَّا تَعُولُوا (النساء:3)

 And if you fear that you shall not be able to deal justly

 with the orphan-girls, then marry (other) women of your

 choice, two or three, or four; but if you fear that you shall

 not be able to deal justly (with them), then only one or

 (the slave) that your right hands possess. This is nearer

 to prevent your from doing injustice (Q. 4:3)

              ‘Urwah ibn al-Zubayr asked his aunt ‘Ᾱ’shah the meaning of the above verse. She said,

”O my nephew! This is about the orphan girl

 who lives with her guardian and shares his property.

 Her wealth and beauty tempt him to marry her without

giving her and adequate dowry which might have been

 given by another suitor. So, such guardians were forbidden

 to marry such orphan girls unless they treated them

 justly and gave them the most suitable dowry;

 otherwise, they were ordered to marry

  woman besides them.”

(Recorded by Bukhari)

              Ghīlān ibn Salamah al-Thaqafī had ten wives when he became Muslim, and the Prophet s.a.w. said to him, “Choose any four of them (and divorce the rest).” (Recorded by Ahmad)

          But if you fear that you will not be able to do justice between your wives by marrying more than one, then marry only one wife, or satisfy yourself with only female captives, for it is not obligatory to treat them equally, rather it is recommended. So, if one does so, that is good, and if not, there is no harm on him. (تفسير ابن كثير)

وَلَنْ تَسْتَطِيعُوا أَنْ تَعْدِلُوا بَيْنَ النِّسَاءِ وَلَوْ حَرَصْتُمْ فَلَا تَمِيلُوا

 كُلَّ الْمَيْلِ  فَتَذَرُوهَا كَالْمُعَلَّقَةِ وَإِنْ تُصْلِحُوا وَتَتَّقُوا فَإِنَّ اللَّهَ كَانَ

غَفُورًا رَحِيمًا (النساء:129)

You will never be able to do perfect justice

 between wives even if it is your ardent desire, so

 do not incline too much (to one of them be giving her

 more of your time and provision) so as to leave (the other) hanging (i.e., neither divorced or married). And if you

 do justice, and do all that is right and fear Allah

(by keeping away from all that is wrong), then

 Allah is Ever Oft-Forgiving, Most

 Merciful. (Q. 4:129)

              It is totally wrong to say that polygamy is prohibited in Islam because Allah said that “if you fear that you shall not be able to deal justly (with them), then only one (wife)” and “you will never be able to do perfect justice  between wives even if it is your ardent desire.” The verse continues with “do not incline too much to one of them and leave the other as if she is neither married nor divorced.” You cannot love your wives equally, just like you cannot love your children equally, but you can treat them equally. Early commentators of the Qur’an say that it is the matter of love and intimacy which cannot be dealt justly. Moreover, polygamy is the only legal Islamic solution for solving the problem of having too many women compared to men. It would be better for her to be a second wife than to live all her life alone without any chance of having babies.

              For those who practice polygamy with injustice, the Prophet said:

عَنْ أَبِي هُرَيْرَةَ، عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: مَنْ كَانَتْ لَهُ امْرَأَتَانِ

فَمَالَ إِلَى إِحْدَاهُمَا، جَاءَ يَوْمَ الْقِيَامَةِ، وَشِقُّهُ مَائِلٌ  (رواه أبو داؤد و الدارمي)

Abu Hurayrah narrated that the Prophet s.a.w. said,

“Whoever has two wives and leans to one of them, he

will be raised in the Hereafter with half of his

 body bending down.”

 (Reported by Abū Dā’ūd and al-Dārimī)

            The Qur’an also regulates whom a Muslim is allowed and not allowed to marry. Allah said:        

وَلَا تَنْكِحُوا مَا نَكَحَ آبَاؤُكُمْ مِنَ النِّسَاءِ إِلَّا مَا قَدْ سَلَفَ إِنَّهُ كَانَ

فَاحِشَةً وَمَقْتًا وَسَاءَ سَبِيلًا . حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ

وَعَمَّاتُكُمْ وَخَالَاتُكُمْ وَبَنَاتُ الْأَخِ وَبَنَاتُ الْأُخْتِ وَأُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْ

وَأَخَوَاتُكُمْ مِنَ الرَّضَاعَةِ وَأُمَّهَاتُ نِسَائِكُمْ وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُمْ

مِنْ نِسَائِكُمُ اللَّاتِي دَخَلْتُمْ بِهِنَّ فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ

 وَحَلَائِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلَابِكُمْ وَأَنْ تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ إِلَّا مَا قَدْ

سَلَفَ إِنَّ اللَّهَ كَانَ غَفُورًا رَحِيمًا.  وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ إِلَّا مَا مَلَكَتْ

أَيْمَانُكُمْ كِتَابَ اللَّهِ عَلَيْكُمْ وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْ أَنْ تَبْتَغُوا

بِأَمْوَالِكُمْ مُحْصِنِينَ غَيْرَ مُسَافِحِينَ... (النساء:22-24)

And marry no women whom your fathers married;

 except what has already passed; indeed it was shameful

 and most hateful, and an evil way. Forbidden to you (for marriage) are: your mothers, your daughters, your sisters,

 your father’s sisters, your mother’s sisters, your brother’s daughters, your sister’s daughters, your foster mothers who gave you suck, your foster milk suckling sisters, your wives’ mothers, your step-daughters under your guardianship, born

 of your wives to whom you have gone in, but there is no sin on you if you have not gone in them (to marry their daughters),

 the wives of your sons who (spring) from your own loins, and

 two sisters in wedlock at the same time, except for what has already passed; verily, Allah is Oft-Forgiving, Most Merciful.  Also (forbidden are) women already married, except those (slaves) whom your right hands possess.  Thus has Allah ordained for you. All others are lawful, provided you seek

 (them in marriage) with dowry from your property,

 desiring chastity, not committing illegal

sexual intercourse… (Q. 4:222-24)

             When the Quraysh idolaters talked about the marriage of the Prophet to Zaynab bin Jaḥsh, the divorced wife of his adopted son Zayid ibn Ḥārithah, the above verse was revealed to indicate that Zayd was not the Prophet’s son of his loins (but just an adopted son), and it was revealed,

   ...وَمَا جَعَلَ أَدْعِيَاءَكُمْ أَبْنَاءَكُمْ  [سورة الأحزاب:4)

… nor has He made your adopted

 sons your real sons.. (Q. 33:4)

   مَا كَانَ مُحَمَّدٌ أَبَا أَحَدٍ مِنْ رِجَالِكُمْ ...  (الأحزاب: 40)

Muhammad is not the father of any

 of your men… (Q. 33:40)

              Although it is mentioned only the prohibition of marrying a woman and her sister at a time, the Prophet as a law-maker prohibited also from marrying a woman with her aunt at a time.

d. Regulating ḥālāl (permitted) and ḥarām (prohibited) food. The Makkan idolaters ate carrion claiming that it was Allah’s slaughter. Allah prohibited it, and many other things, as in the following verse:

حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ وَالدَّمُ وَلَحْمُ الْخِنْزِيرِ وَمَا أُهِلَّ لِغَيْرِ اللَّهِ بِهِ

 وَالْمُنْخَنِقَةُ  وَالْمَوْقُوذَةُ وَالْمُتَرَدِّيَةُ وَالنَّطِيحَةُ وَمَا أَكَلَ السَّبُعُ إِلَّا مَا

ذَكَّيْتُمْ وَمَا ذُبِحَ عَلَى النُّصُبِ  ... (المائدة:3)

Forbidden to you (for food) are: dead animals

[not slaughtered], blood, the flesh of swine, and that

  which Allah’s Name has not been mentioned while

 slaughtering (that which has been slaughtered as

a sacrifice  for others than Allah or idols) and that

which has been killed by strangling or a violent

 blow, or by a headlong fall, or by the goring of

 horns, and that which has been (partly) eaten

 by a wild animal, unless you are able to

slaughter it (before its death), and that

 which is sacrificed (slaughtered)

 on stone-altars...(Q. 5:3)

              There are other things prohibited through the sayings of the Prophet, such as the flesh of predators, carnivorous (flesh eating animals), such as: lions, haws, etc.

              Things permitted to eat as food are as follows:

الْيَوْمَ أُحِلَّ لَكُمُ الطَّيِّبَاتُ وَطَعَامُ الَّذِينَ أُوتُوا الْكِتَابَ

حِلٌّ لَكُمْ وَطَعَامُكُمْ حِلٌّ لَهُمْ ...(المائدة:5)

Made lawful to you this day are pleasant things [all

 kinds of ḥalāl (lawful) foods which Allah has made lawful.

The food (slaughtered cattle, eatable animals) of the

 people of the Scripture (Jews and Christians) is lawful

 to you and yours is lawful to them... (Q. 5:5)

                    These are some examples of the gradual introduction of Islamic laws through revelation sent down in stages to the heart of Prophet Muhammad s.a.w. (CIVIC, 24.01. 2014)

[TO BE CONTINUED]

Bibliography:

المكتبة الشاملة

تفسير الطبري

تفسير إبن كثير

http://www.onislam.net/english/ask-about-islam/society-and-family/status-of-women/167166-islamic-inheritance-laws-inherently-unjust.html

http://www.kantakji.com/fiqh/files/mawareeth/4015.pdf