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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:

ر الخمر عن يسألونك ماقلوالميس ل لناس ومناف عكب ير إ ثم ف يه نأكبروإ ثمهما مام ه (912:البقرة)…نفع

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,

هايا ينأي لةتقربوالآمنواالذ حتىسكارىوأنتمالص (34)النساء:…تقولونما تعلموا

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,

هايا ينأي ماآمنواالذ رالخمرإ ن جس والزلموالنصابوالميس ر ن يطان عمل م (29:المائدة)تفل حونلعلكمفاجتن بوهالش

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)

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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:

جال يب ل لر انص م ساء والقربونالوال دان تركم يب ول لن انص م تركم

اوالقربونالوال دان م نهقلم يباكثرأوم (7النساء:)مفروضانص

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:

يكم يوص كمف يللا كر أولد ثلل لذ (11:النساء) ...النثيين حظم

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:

بويه ... نهماواح د ل كلول دسم االس م (11:النساء)ولد لهكانإ نتركم

…; for parents, a sixth share of inheritance to each if the deceased left children. (Q. 4:11)

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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,

فتموإ ن طواألخ حوااليتامىف يتقس نلكمطابمافانك م

ساء فتمفإ نورباعوثلثمثنىالن لواألخ دةتعد ملكتماأوفواح

(4النساء:)تعولواألأدنىذل كأيمانكمAnd 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)

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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. )تفسيرابنكثير(

يعواولن لواأنتستط ساء بينتعد يلوافلحرصتمولوالن تم قواتصل حواوإ نكالمعلقة فتذروهاالميل كل فإ نوتت كانللا

يماغفورا (192النساء:)رح

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

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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:

ب يعن هريرة،أب يعن امرأتان لهكانتمن:قالوسلمعليه للاصلىالنقهالق يامة ،يومجاءإ حداهما،إ لىفمال (الدارميوداؤدأبورواه) مائ ل وش

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:

حواول نآباؤكمنكحماتنك ساء م هسلفقدماإ لالن كانإ ن مت.سب يلوساءومقتافاح شة هاتكمعليكمحر وأخواتكموبناتكمأماتكم هاتكمالخت وبناتالخ وبناتوخالتكموعم ت يوأم أرضعنكمالل

نوأخواتكم ضاعة م هاتالر ت يوربائ بكمسائ كمن وأم كمف يالل حجور ن ت ين سائ كمم ندخلتمالل ندخلتمتكونوالمفإ نب ه عليكمجناحفلب ه ينأبنائ كموحلئ ل نالذ قدماإ لالختين بينتجمعواوأنأصلب كمم

إ نسلف نوالمحصنات.رح يماغفوراكانللا ساء م ملكتماإ لالنتابأيمانكم ك تبتغواأنذل كموراءمالكموأح لعليكمللا

ن ينب أموال كم (24-99النساء:)...مساف ح ينغيرمحص 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

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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,

ياءكمجعلوما... (3:الحزابسورة] أبناءكمأدع … nor has He made your adopted

sons your real sons.. (Q. 33:4) د كانما نأحد أبامحم جال كمم (39:الحزاب)...ر

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:

مت مالميتةعليكمحر ير ولحموالد نز لوماالخ ل غير أه ب ه للايةوالموقوذةوالمنخن قة يحةوالمترد بعأكلوماوالنط ماإ لالس

يتم (4...)المائدة: النصب علىذب حوماذكForbidden 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

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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

bya 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:

يباتلكمأح لاليوم ينوطعامالط تابأوتواالذ الك

(5)المائدة:...لهمح ل وطعامكملكمح ل 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) islawful

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: المكتبةالشاملة

فسيرالطبريت كثيرفسيرإبنت

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