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PAS : KE ARAH PEMERINTAHAN ISLAM YANG ADIL
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Sura 4. An-Nisaa Section 4 (Y. Ali Translation)
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23. Prohibited to you (for marriage) are: your mother daughters sisters
father's sisters mother's sisters; brother's daughters sister's daughters
foster-mothers (who gave you suck) foster-sisters; your wives' mothers;
your step-daughters under your guardianship born of your wives to whom ye
have gone in no prohibition if ye have not gone in; (those who have been)
wives of your sons proceeding from your loins; and two sisters in wedlock
at one and the same time except for what is past; for Allah is
Oft-Forgiving Most Merciful.
24. Also (prohibited are) women already married except those whom your
right hands possess. Thus hath Allah ordained (prohibitions) against you:
except for these all others are lawful provided ye seek (them in marriage)
with gifts from your property desiring chastity not lust. Seeing that ye
derive benefit from them give them their dowers (at least) as prescribed;
but if after a dower is prescribed ye agree mutually (to vary it) there is
no blame on you and Allah is All-Knowing All-Wise.
25. If any of you have not the means wherewith to wed free believing women
they may wed believing girls from among those whom your right hands
possess: and Allah hath full knowledge about your faith. Ye are one from
another: wed them with the leave of their owners and give them their dowers
according to what is reasonable: they should be chaste not lustful nor
taking paramours: when they are taken in wedlock if they fall into shame
their punishment is half that for free women. This (permission) is for
those among you who fear sin; but it is better for you that ye practice
self-restraint: and Allah is Oft-forgiving Most Merciful.
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Sura 4. An-Nisaa Section 4 (Y. Ali Commentary)
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23: c. 531. This Table of Prohibited Degrees agrees in the main with what
is usually accepted among all nations, except in minor details. It begins
in the last verse (with father's widows or divorcees). The scheme is drawn
up on the assumption that the person who proposes to marry is a man: if it
is a woman, the same scheme will apply, mutatis mutandis: it will read:
"your fathers, sons, brothers," etc.; or you can always read it from the
husband's view of relationship, as there must always be a husband in a
marriage.
c. 532. "Mother" includes grandmother (through the father or mother), great
grandmother, etc.; "daughter" includes grand-daughter (through son or
daughter), greatgrand daughter, etc.; "sister," includes full-sister and
half-sister. "Father's sister" includes grandfather's sister, etc., and
"mother's sister" includes grandmother's sister, etc.
c. 533. "Fosterage" or milk-relationships play an important part in Muslim
Law, and count like blood-relationships: it would therefore seem that not
only foster-mothers and foster-sisters, but foster-mother's sister, etc.,
all come within the prohibited degrees.
c. 534. It is generally held that "under your guardianship" is a
description, not a condition.
c. 535. "Sons" includes grandsons.
c. 536. The bar against two sisters in marriage together applies to aunt
and niece together, but not to deceased wife's sister.
24: c. 537. Whom your right hands possess: i.e., captives.
c. 538. After defining the prohibited degrees, the verse proceeds to say
that women other than those specified may be sought in marriage, but even
so, not from motives of lust, but in order to promote chastity between the
sexes. Marriage in the original Arabic is here described by a word which
suggests a fortress (hisn): marriage is, therefore, the fortress of chastity.
c. 539. As the woman in marriage surrenders her person, so the man also
must surrender at least some of his property according to his means. And
this gives rise to the law of Dower. A minimum dower is prescribed, but it
is not necessary to stick to the minimum, and in the new relationship
created, the parties are recommended to act towards each other with the
greatest confidence and liberality.
25: c. 540. That is, captives taken in a Jihad: If you seek such a person
in marriage, do it from no base motives. Safeguard your faith, and see that
she too does believe. In that case, after all, she is of the human
brotherhood, and her condition is accidental and redeemable. If the slave
bore a child to her master, she would become free.
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