Towards Understanding the Qur'an. Sayyid Abul A'la Mawdudi
number of wives has been fixed at four. This verse stipulates that marrying more wives than one is permissible on the condition that one treats one’s wives equitably. A person who avails himself of this permission granted by God to have a plurality of wives, and disregards the condition laid down by God to treat them equitably, has not acted in good faith with God. In case there are complaints from wives that they are not being treated equitably, the Islamic state has the right to intervene and redress such grievances. Some people who have been overwhelmed and overawed by the Christianized outlook of Westerners have tried to prove that the real aim of the Qur’an was to put an end to polygamy (which, in their opinion, is intrinsically evil). Such arguments only show the mental bondage to which these people have succumbed. That polygamy is an evil per se is an unacceptable proposition, for under certain conditions it becomes a moral and social necessity. For this reason the Qur’an has allowed those who feel the need for it to resort to polygamy. The Qur’an has expressed its permission of polygamy in quite categorical terms. Indeed, there is not the slightest hint in the Qur’an that could justify the conclusion that it advocates abolition of polygamy.
3 This expression denotes “slave-girls,” i.e. female captives of war who are distributed by the state among individuals when no exchange of prisoners of war takes place.
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Al-Nisa’ 4: 5–6
(5) Do not entrust your properties – which Allah has made a means of support for you – to the weak of under- standing, but maintain and clothe them out of it, and say to them a kind word of admonition.
(6) Test the orphans until they reach the age of marriage,4 and then if you find them mature of mind hand over to them their property, and do not eat it up by either spending extravagantly or in haste, fearing that they would grow up (and claim it). If the guardian of the orphan is rich let him abstain entirely (from his ward’s property); and if he is poor, let him partake of it in a fair measure.5 When you hand over their property to them let there be witnesses on their behalf. Allah is sufficient to take account (of your deeds).
4 When such people approach their majority their mental development should be watched so as to determine to what extent they have become capable of managing their own affairs.
5 The guardian is entitled to remuneration for his services. The amount of this remuneration should be one that is deemed fair by neutral and reasonable people. Moreover, the guardian is directed that he should take a fixed and known amount by way of remuneration, that he should take it openly rather than secretly, and that he should keep an account of it.
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Al-Nisa’ 4: 7–10
(7) Just as there is a share for men in what their parents and kinsfolk leave behind, so there is a share for women in what their parents and kinsfolk leave behind – be it little or much6 – a share ordained (by Allah).
(8) And if other near of kin, orphans and needy are present at the time of division of inheritance give them some- thing of it and speak to them kindly.
(9) And those who would have been fearful on account of their helpless offspring they may have behind them, let them fear Allah and say what is right. (10) Behold, those who wrongfully devour the properties of orphans only fill their bellies with fire. Soon they will burn in the Blazing Flame.
6 This verse embodies five legal injunctions. First, that women as well as men are entitled to inheritance. Second, that inheritance, however meagre it might be, should be distributed. Third, that the law of inheritance is applicable to all kinds of property – movable and immovable, agricultural, industrial and so on. Fourth, that the right of inheritance comes into force only after a person dies leaving some property behind him, but not while he is alive. Fifth, it implies the rule that immediate blood-relatives exclude those that are further removed. This law has been further explained in vv. 11 and 33 below.
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Al-Nisa’ 4: 11
(11) Thus does Allah com- mand you concerning your children: the share of the male is like that of two females.7 If (the heirs of the deceased are) more than two daughters, they shall have two-thirds of the inheritance;8 and if there is only one daughter, then she shall have half the inheritance. If the deceased has any offspring, each of his parents shall have a sixth of the inheritance;9 and if the deceased has no child and his parents alone inherit him, then one-third shall go to his mother;10 ▶
7 Since Islamic law imposes greater financial obligations on men in respect of family life and relieves women of a number of such obligations, justice demands that a woman’s share in inheritance should be less than that of a man.
8 The same applies in the case where there are two daughters. If the deceased leaves behind only daughters, and if there are two or more daughters, then they will receive two-thirds of the inheritance and the remaining one-third will go to the other heirs. But if the deceased has only one son there is consensus among jurists that in the absence of other heirs he is entitled to all the property; but if the deceased has other heirs, he is entitled to the property left after their shares have been distributed.
9 If the deceased leaves any issue each of his parents will receive one-sixth of the inheritance irrespective of whether the issue consists either only of daughters, only of sons or of both sons and daughters, or just one son or just one daughter. The remaining two-thirds will be distributed among the rest of the heirs.
10 If there are no other heirs than the parents, the remaining two-thirds will go to the share of the father; otherwise two-thirds will be distributed between the father and other heirs.
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Al-Nisa’ 4: 12
and if the deceased has brothers and sisters, then one-sixth shall go to his mother.11 All these shares are to be given after payment of the bequest he might have made or any debts outstanding against him.12 You do not know which of them, your parents or your children, are more beneficial to you. But these portions have been determined by Allah, for He indeed knows everything, is cognizant of all beneficent considerations.
(12) And to you belongs half of whatever has been left behind by your wives if they die childless; but if they have any children then to you belongs a fourth of what they have left behind, after payment of the bequest they might have made or any debts outstanding against them. ▶
11 In the case where the deceased also has brothers and sisters the share of the mother will be one-sixth rather than one-third. In this case, the sixth that was deducted from the share of the mother will be added to that of the father, for in this circumstance the father’s obligations are heavier. It should be noted that if the parents of the deceased are alive, the brothers and sisters will not be entitled to any share in the inheritance.
12 The mention of bequest precedes the mention of debt, but there is consensus among Muslims that the payment of debt takes precedence over the payment of bequest, i.e. if the deceased owes a debt and also leaves a bequest, the debt will first be paid out of the inheritance, and only then will his bequest be honoured.
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Al-Nisa’ 4: 12