Friday, December 18, 2015

Allah's warning to the guardians of women to not forbid her from marrying unnecessarily as per her choice

And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis. That is instructed to whoever of you believes in Allah and the Last Day. That is better for you and purer, and Allah knows and you know not. (Qur’an 2: 232)


The Reason behind revealing the Verse (2:232) 

It was reported that this Ayah was revealed about Ma`qil bin Yasar Al-Muzani and his sister. Al-Bukhari reported in his Sahih, when he mentioned the Tafsir of this Ayah (2:232), that the husband of the sister of Ma`qil bin Yasar divorced her. He waited until her `Iddah finished and then asked to remarry her, but Ma`qil refused. Then, this Ayah was sent down:

﴿فَلاَ تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَجَهُنَّ﴾

(...do not prevent them from marrying their (former) husbands.)

Abu Dawud, At-Tirmidhi, Ibn Abu Hatim, Ibn Jarir and Ibn Marduwyah and Al-Bayhaqi reported this Hadith from Al-Hasan from Ma`qil bin Yasar. At-Tirmidhi rendered this Hadith authentic and in his narration, Ma`qil bin Yasar gave his sister in marriage for a Muslim man during the time of Allah's Messenger . She remained with him for a while and he divorced her once and did not take her back until her `Iddah finished. They then wanted to get back with each other and he came to ask her for marriage. Ma`qil said to him, "O ungrateful one! I honored you and married her to you but you divorced her. By Allah! She will never be returned to you.'' But Allah knew his need for his wife and her need for her husband and He revealed:

﴿وَإِذَا طَلَّقْتُمُ النِّسَآءَ فَبَلَغْنَ أَجَلَهُنَّ﴾

(And when you have divorced women and they have fulfilled the term of their prescribed period, ) until He said:

﴿وَأَنتُمْ لاَ تَعْلَمُونَ﴾

(...and you know not.)

When Ma`qil heard the Ayah, he said, "I hear and obey my Lord.'' He then summoned the man and said, "I will honor you and let you remarry (my sister).'' Ibn Marduwyah added (that Ma`qil said), "And will pay (the expiation) for breaking my vow.''
Allah said:

﴿ذلِكَ يُوعَظُ بِهِ مَن كَانَ مِنكُمْ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ﴾

(This (instruction) is an admonition for him among you who believes in Allah and the Last Day.) meaning, prohibiting you from preventing the women from marrying their ex-husbands, if they both agree to it,

[Ref: Tafseer ibn Katheer] 

Some important Lessons: 

1. Every time the companion of the prophet discussed with his sister's x husband, he said " I honoured you" showing that giving his sister to this man made him honourable. i.e. his sister was his honour and pride and when he conducted their marriage , he honoured the man by giving something very precious and noble to him (i.e. his sister) 

2. Allah from above the seven heavens intervened in the case so as to issue a ruling that would protect women rights of marriage and re-marriage for eternity , by revealing this verse. 

3. The sahaabi (companion) and many of us in his place probably would have done the same, but as soon as his Lord revealed a command he said " I obey my lord" even if his intellect did not agree or may not have understood the wisdom behind such a verse there and then, nevertheless the very meaning of a Muslim is " one who submits his will to that of Allah". So the sahaabi went to the x husband and once again said I honour you by handing my honourable sister to you so take good care of her this time ! 

4. Had it not been for the divine verse revealed in the best interest of the couple who wanted to re-marry, the sahaabi Ma`qil (r.a) would probably have never permitted him to re-marry his sister . This shows the jealousy, care and respect he had for his sister that if a man hurt her in this way, he would never even let him come near her. 


Another true story: An interesting narration about a marriage where a girl was not willing to Marry Ibn Umar ra. - Taken from Asim ul-Haq's facebook post. 

The right of a woman to marry a rich suitor instead of a poor pious person

It is for those who say, we want good for our daughter who can not take decesion, that is why her consent is not that important.

Ibn Umar ra said:

توفي عثمان بن مظعون وترك ابنة له من خويلة بنت حكيم بن أمية بن حارثة بن الأوقص قال وأوصى إلى أخيه قدامة بن مظعون قال عبد الله وهما خالاي قال فمضيت إلى قدامة بن مظعون أخطب ابنة عثمان بن مظعون فزوجنيها ودخل المغيرة بن شعبة يعني إلى أمها فأرغبها في المال فحطت إليه وحطت الجارية إلى هوى أمها فأبيا حتى ارتفع أمرهما إلى رسول الله صلى الله عليه وسلم فقال قدامة بن مظعون يا رسول الله ابنة أخي أوصى بها إلي فزوجتها ابن عمتها عبد الله بن عمر فلم أقصر بها في الصلاح ولا في الكفاءة ولكنها امرأة وإنما حطت إلى هوى أمها قال فقال رسول الله صلى الله عليه وسلم هي يتيمة ولا تنكح إلا بإذنها قال فانتزعت والله مني بعد أن ملكتها فزوجوها المغيرة بن شعبة

When Uthman bin Maz`oon ra died, he left a daughter from Khuwayla bint Hakeem. Uthman had a wasiyah that his brother Qudama bin Maz`oon will be wali of his daughter after his death.

Ibn Umar ra said: Uthman and Qudama are my maternal uncles, I asked from Qudama bin Maz`oon the hand of his niece, and Qudama did her nikah with me.

Her mother wanted to marry her daughter with Mugheera bin Sho`ba because he was rich, and her daughter was also in agreement with her mother.

When the matter came to the Prophet peace be upon him, Qudama bin Maz`oon said:

O Prophet of Allah (peace be upon him) she is the daughter of my brother who advised that I am her guardian after him, so i did her nikah with the son of her paternal aunt, Ibn Umar. I have not left anything to find a good suitor for her. She is a girl and following her mother (who wanted to marry her with Mugheera bin Sho`ba).

The Prophet peace be upon him said: She is an orphan, do not marry her without her consent.

Ibn Umar ra said: She was taken from me even though we had a nikah, and then they did her nikah with Mugheera bin Sho`bah. [Musnad Ahmad 17/181, Shuaib al Arna`oot said: The chain is Hasan, Ahmad Shakir authenticated, al Haythamee said: Narrated by Ahmad and Its narrators are trustworthy"]

The narration of Ibn Maja which is short states

It was narrated from Ibn Umar that:

. أَنَّهُ حِينَ هَلَكَ عُثْمَانُ بْنُ مَظْعُونٍ تَرَكَ ابْنَةً لَهُ . قَالَ ابْنُ عُمَرَ فَزَوَّجَنِيهَا خَالِي قُدَامَةُ وَهُوَ عَمُّهَا وَلَمْ يُشَاوِرْهَا وَذَلِكَ بَعْدَ مَا هَلَكَ أَبُوهَا فَكَرِهَتْ نِكَاحَهُ وَأَحَبَّتِ الْجَارِيَةُ أَنْ يُزَوِّجَهَا الْمُغِيرَةَ بْنَ شُعْبَةَ فَزَوَّجَهَا إِيَّاهُ .

when Uthman bin Mazun died, he left behind a daughter. Ibn Umar said: “My maternal uncle Qudamah, who was her paternal uncle, married me to her, but he did not consult her. That was after her father had died. She did not like this marriage, and the girl wanted to marry Mughirah bin Shubah, so she married him.”[Ibn Maja Hadith 1878]

When the nikah was invalidated from one of the best man Ibn Umar ra because there was no consent of the girl. Then think about the nikah done with other people without the consent?

2 comments:

  1. 2:230
    So if a husband divorces his wife (irrevocably) he cannot after that remarry her until after she has married another husband and he has divorced her. In that case
    there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He
    makes plain to those who understand.
    abideen

    ReplyDelete
  2. 2:230 is clear that he could remarry his divorced wife after she marries another man and divorces.
    abideen

    ReplyDelete

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