بِإِحْسَٰنٍ
Appears 3 times in Quran
Occurrences in Quran
Found 3 verses containing "بِإِحْسَٰنٍ".
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ كُتِبَ عَلَيْكُمُ ٱلْقِصَاصُ فِى ٱلْقَتْلَى ۖ ٱلْحُرُّ بِٱلْحُرِّ وَٱلْعَبْدُ بِٱلْعَبْدِ وَٱلْأُنثَىٰ بِٱلْأُنثَىٰ ۚ فَمَنْ عُفِىَ لَهُۥ مِنْ أَخِيهِ شَىْءٌ فَٱتِّبَاعٌۢ بِٱلْمَعْرُوفِ وَأَدَآءٌ إِلَيْهِ بِإِحْسَٰنٍ ۗ ذَٰلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ ۗ فَمَنِ ٱعْتَدَىٰ بَعْدَ ذَٰلِكَ فَلَهُۥ عَذَابٌ أَلِيمٌ
2:195; 5:46.
اس کے معنے یہ ہیں کہ اگر کوئی آزاد آدمی کسی کو قتل کر دے تو خواہ مقتول غلام مرد ہو یا غلام عورت۔ یا آزاد مرد ہو یا آزاد عورت‘ اسی آزاد قاتل کو قتل کرکے بدلہ لیا جائے گا۔ اسی طرح اگر کوئی قاتل غلام ہو تو اسی قاتل غلام سے بدلہ لیا جائے گا اور اگر قاتل عورت ہو تو اسی قاتل عورت سے (خواہ وہ حُرّ ہو یا غلام) بدلہ لیا جائے گا۔
2:195; 5:46.
The verse comprises a very important principle of civil law, i.e. equality of man and necessity of awarding proportionate punishment to all offenders without distinction, unless an offender is forgiven by the relatives of his victim under circumstances that are calculated to lead to improvement and betterment of conditions.
The words "is prescribed for you" show that retaliation for the slain is obligatory. Failure to inflict the punishment prescribed by Law on the offender is tantamount to violation of the Divine commandment. The duty, however, of punishing the culprit devolves not on the heirs of the murdered person but, as the plural ‘Alaikum (for you) shows, on the authorities responsible for the maintenance of law and order. The former, however, have been given the option to forgive. So whereas on the one hand the concerned authorities are bound to punish the offender according to the requirements of law, having no right to pardon him of their own accord, on the other the heirs of the m
2:195; 5:46.
Important Words:
قصاص (retaliation) is derived from قص. They say قصه i.e. (1) he cut it (hair, etc.), or be clipped it; (2) he followed him closely or followed in his footsteps; and (3) he described or narrated it. قاص الرجل means, he did with the man the like of that which he did to him; he retaliated on him for the wrong done to him. اقص الامیر زیدا من بکر means, the Amir retaliated upon Bakr for the wrong he had done to Zaid. قصاص therefore, means, retaliation, by slaying for slaying, and wounding for wounding, etc. (Aqrab) or the following up of a murder or an injury with a view to retaliating or punishing (Mufradat).
القتلی (the slain) is the plural of قتیل in the sense of مقتول i.e. a murdered person (Aqrab).
الحر (freeman) is derived from حر meaning: (1) he was free-born; (2) he was of good and noble origin. حرالارض means, the best portion of land. Thus الحر means; (1) a freeman, opposite of slave or captive; (2) a noble person; (3) the good and pure portion of a thing (Aqrab).
Commentary:
This verse comprises a very important principle of civil law, i.e. equality of man and necessity of awarding proportionate punishment to all offenders without distinction, unless an offender is forgiven by the relatives of his victim under circumstances that are expected to lead to improvement and betterment of conditions.
The words کتب علیکم i.e. "is prescribed for you" show that retaliation for the slain is not simply permissible but is obligatory. Failure to inflict the punishment prescribed by Law on the offender would be tantamount to a violation of the commandment. The duty, however, of punishing the culprit does not devolve on the heirs of the murdered person but, as the plural number of the expression علیکم (for you) shows, on the authorities responsible for the maintenance of law and order. But, as the singular number of the expression اخیه (one’s brother) shows, the former have been given the option to forgive. The clause, therefore, means that on the one hand the concerned authorities are bound to punish the offender according to the requirements of law, having no right to pardon him of their own accord, and on the other hand the heirs of the murdered person are not entitled to take the law into their own hands and inflict the punishment on the guilty person themselves.
The verse under comment makes no distinction between different classes of persons in connection with the law of retaliation. The words used are of a general nature and apply to all offenders who might be guilty of murder, no matter of what rank or station in life or of what religion. Any person, irrespective of his caste or creed and irrespective of his station, must be put to death for the murder of any other person, unless pardoned by the relatives of the victim and unless the pardon has the sanction of the authorities. The sayings of the Holy Prophet are explicit on this point (Majah, ch. on Diyat).
There is indeed a saying of the Holy Prophet to the effect that a Muslim should not be put to death for killing a disbeliever. But this saying, read in conjunction with several others bearing on the same subject and interpreted in the light of the relevant Quranic verses, forces us to the conclusion that the word "disbeliever" in the tradition referred to above is not general but means only a حربی کافر i.e. such disbeliever as belongs to a people who are at war with the Muslims or, in other words, one who is a member of a belligerent community. In fact, the Companions of the Holy Prophet are all agreed that a Muslim may be put to death for murdering a non-belligerent unbeliever (Tabari, v. 44). The Holy Prophet himself ordered a Muslim murderer to be put to death for the murder of a non-belligerent non-Muslim (Qutni).
The expression, the freeman for the freeman and the slave for the slave and the female for the female, does not mean that a freeman should not be punished with death for the murder of a slave or that a woman should not be put to death for killing a member of the opposite sex, etc. The other verses of the Quran as well as the sayings and the practice of the Holy Prophet clearly establish the fact that the social position of a person or the sex of a party was never considered a bar to the application of this law. The peculiar construction, i.e. "the freeman for the freeman," etc. has been adopted here to refer to, and abolish, a custom of the Arabs whereby they used to take into consideration the sex and the social status of the murderer and the murdered person when determining punishment. If a man of high social position happened to kill a man of humble position, or if the slave of a great man killed that of a humble man, or if a lady of noble birth murdered a woman of humble origin, etc. the murderer was not punished with death, leniency being shown to him or her in sundry other ways as well. The commandment contained in this verse seeks to abolish that obnoxious custom of the Arabs and lays down in clear and unmistakable terms that no regard should be paid to the status of the murderer in the matter of retaliation.
In fact, the law of retaliation, as stated in this verse, is confined to the clause, equitable retaliation in the matter of the slain is prescribed for you, which forms a complete sentence in itself, giving a full and complete meaning. The ensuing expression, the freeman for the freeman and the slave for the slave and the female for the female, is something extra, not forming part of the law. It only contains a repudiation of the Arab custom referred to above and illustrates, by giving three instances, how the law is to be administered. Such an expression is known as جملة استینا فیه or جملة مستانفه in Arabic grammar, and is technically introduced with a view to answering a question which is suggested by the preceding clause to which it is added without any intervening conjunction. The question answered in such an expression is often understood and not expressed (Mukhtasar).
The sayings of the Holy Prophet and his practice also support the above interpretation, for it is on record that he once ordered a woman to be put to death for murdering a man (Muslim), and on another occasion he commanded that a freeman be put to death for the murder of a slave. Says the Holy Prophet: "Whoever kills his slave shall be put to death" (Majah). At another place he says: "The blood of all Muslims is alike in respect of the law of retaliation" (Nasa’i).
The words, if one is granted any remission by one’s brother, show that the infliction of capital punishment is not obligatory in all cases; for in special circumstances the murderer can be exempted from the extreme punishment by the heirs of the murdered person. Such exemption, which may be termed partial as the word شیء (any) indicates, means that the heirs of the deceased may renounce their right to have the murderer put to death and may in place of that receive from him blood money. Or as the Holy Prophet has made it clear, the heirs may, in exceptional cases and with the sanction of the authorities, even grant full pardon, remitting blood-money as well (Musnad & Baihaqi).
It is worthy of note that where the Quran speaks of remission, it uses the word "brother" instead of "heir of the murdered person". This is to hint to the heir of the slain person that he should, as far as possible, take a lenient view of the offence. On the other band, the murderer is also enjoined to pay blood money with good grace and without undue delay.
The concluding clause, i.e. whoso transgresses thereafter, for him there shall be a grievous punishment, is meant to point to the fact that if, after the matter has been amicably settled and the murderer granted a remission by the heirs of the murdered person, the heirs should take it into their heads to wreak vengeance on the murderer by killing him, they will be shown no mercy and will get capital punishment. Says the Prophet: "I will allow no remission in case of one whokills the murderer after he has accepted blood money from him" (Jarir).
The Islamic law of قصاص (retaliation), as briefly stated above, provides a very effective and practical means to put a stop to murder and safeguard human life. A man who shows a callous disregard for the life of a fellow person, loses his title to live as a member of human society. The option to pardon allowed to the heirs of the slain person should not be regarded as likely to encourage murder, for such option is not synonymous with exemption from punishment, as in ordinary circumstances the murderer will have to pay the blood money. Moreover, the would-be murderer possesses no means to know that the heirs of the person whose murder he contemplates will actually be persuaded to pardon him; so the fear of capital punishment will always be there to deter him from the commission of the crime. Again, pardon or remission is permissible only where the circumstances are such that pardon or remission is likely to improve matters and bring about good results for all parties concerned (42:41). Thus, while on the one hand, Islam has made due provision for the suppression of crime, it has, on the other, kept open the door for the display of the noble qualities of benevolence and mercy.
The way in which the Quran has upheld the ultimate necessity of the death penalty is indeed most significant. At the time when the Quran was revealed, people exacted retaliation for an injury done to them with a vengeance. They were not satisfied even with inflicting capital punishment on the murderer, to say nothing of pardoning him. They needed no incentive to retaliation. They were already overdoing it. In fact, the Islamic law of retaliation, viewed in the light of the circumstances prevailing at the time of its revelation, implied a prophecy that a time would come when people would go to the other extreme and a movement for the total abolition of capital punishment would be set on foot. So the Omniscient God laid down the law of retaliation in a form that is indispensable for the preservation and protection of human life, as well as the promotion of harmony and goodwill.
To prevent crime, Islam really aims at eliminating the conditions that produce it. It seeks to remove the very root-cause of all crime by working a complete moral reformation in man. But it does not remain content with that. It also prescribes deterrent laws in conformity with the dictates of reason, justice and humanity. The fact that, despite efforts to the contrary, the death penalty is still found on the Statute Books of most countries in one form or another, constitutes a sufficient proof of the wisdom of the Islamic teaching. As a matter of fact, even the most enthusiastic protagonists of the abolition of capital punishment have not yet been able to suggest a suitable alternative to it. They have had to admit that a long term of imprisonment as an alternative is "horrible" and is "not an ideal substitute" (Capital Punishment in the Twentieth Century by E. Roy Calvert, G. P. Putnam, London, 1930). The law of retaliation still remains the most effective deterrent to crime and an essential method to satisfy the demands of justice; and the Islamic Law takes a further step to bring about reconciliation between the offender and the aggrieved party.
a
2:195; 5:46.
2
اس کے معنے یہ ہیں کہ اگر کوئی آزاد آدمی کسی کو قتل کر دے تو خواہ مقتول غلام مرد ہو یا غلام عورت۔ یا آزاد مرد ہو یا آزاد عورت‘ اسی آزاد قاتل کو قتل کرکے بدلہ لیا جائے گا۔ اسی طرح اگر کوئی قاتل غلام ہو تو اسی قاتل غلام سے بدلہ لیا جائے گا اور اگر قاتل عورت ہو تو اسی قاتل عورت سے (خواہ وہ حُرّ ہو یا غلام) بدلہ لیا جائے گا۔
a
2:195; 5:46.
185
Important Words:
قصاص (retaliation) is derived from قص. They say قصه i.e. (1) he cut it (hair, etc.), or be clipped it; (2) he followed him closely or followed in his footsteps; and (3) he described or narrated it. قاص الرجل means, he did with the man the like of that which he did to him; he retaliated on him for the wrong done to him. اقص الامیر زیدا من بکر means, the Amir retaliated upon Bakr for the wrong he had done to Zaid. قصاص therefore, means, retaliation, by slaying for slaying, and wounding for wounding, etc. (Aqrab) or the following up of a murder or an injury with a view to retaliating or punishing (Mufradat).
القتلی (the slain) is the plural of قتیل in the sense of مقتول i.e. a murdered person (Aqrab).
الحر (freeman) is derived from حر meaning: (1) he was free-born; (2) he was of good and noble origin. حرالارض means, the best portion of land. Thus الحر means; (1) a freeman, opposite of slave or captive; (2) a noble person; (3) the good and pure portion of a thing (Aqrab).
Commentary:
This verse comprises a very important principle of civil law, i.e. equality of man and necessity of awarding proportionate punishment to all offenders without distinction, unless an offender is forgiven by the relatives of his victim under circumstances that are expected to lead to improvement and betterment of conditions.
The words کتب علیکم i.e. "is prescribed for you" show that retaliation for the slain is not simply permissible but is obligatory. Failure to inflict the punishment prescribed by Law on the offender would be tantamount to a violation of the commandment. The duty, however, of punishing the culprit does not devolve on the heirs of the murdered person but, as the plural number of the expression علیکم (for you) shows, on the authorities responsible for the maintenance of law and order. But, as the singular number of the expression اخیه (one’s brother) shows, the former have been given the option to forgive. The clause, therefore, means that on the one hand the concerned authorities are bound to punish the offender according to the requirements of law, having no right to pardon him of their own accord, and on the other hand the heirs of the murdered person are not entitled to take the law into their own hands and inflict the punishment on the guilty person themselves.
The verse under comment makes no distinction between different classes of persons in connection with the law of retaliation. The words used are of a general nature and apply to all offenders who might be guilty of murder, no matter of what rank or station in life or of what religion. Any person, irrespective of his caste or creed and irrespective of his station, must be put to death for the murder of any other person, unless pardoned by the relatives of the victim and unless the pardon has the sanction of the authorities. The sayings of the Holy Prophet are explicit on this point (Majah, ch. on Diyat).
There is indeed a saying of the Holy Prophet to the effect that a Muslim should not be put to death for killing a disbeliever. But this saying, read in conjunction with several others bearing on the same subject and interpreted in the light of the relevant Quranic verses, forces us to the conclusion that the word "disbeliever" in the tradition referred to above is not general but means only a حربی کافر i.e. such disbeliever as belongs to a people who are at war with the Muslims or, in other words, one who is a member of a belligerent community. In fact, the Companions of the Holy Prophet are all agreed that a Muslim may be put to death for murdering a non-belligerent unbeliever (Tabari, v. 44). The Holy Prophet himself ordered a Muslim murderer to be put to death for the murder of a non-belligerent non-Muslim (Qutni).
The expression, the freeman for the freeman and the slave for the slave and the female for the female, does not mean that a freeman should not be punished with death for the murder of a slave or that a woman should not be put to death for killing a member of the opposite sex, etc. The other verses of the Quran as well as the sayings and the practice of the Holy Prophet clearly establish the fact that the social position of a person or the sex of a party was never considered a bar to the application of this law. The peculiar construction, i.e. "the freeman for the freeman," etc. has been adopted here to refer to, and abolish, a custom of the Arabs whereby they used to take into consideration the sex and the social status of the murderer and the murdered person when determining punishment. If a man of high social position happened to kill a man of humble position, or if the slave of a great man killed that of a humble man, or if a lady of noble birth murdered a woman of humble origin, etc. the murderer was not punished with death, leniency being shown to him or her in sundry other ways as well. The commandment contained in this verse seeks to abolish that obnoxious custom of the Arabs and lays down in clear and unmistakable terms that no regard should be paid to the status of the murderer in the matter of retaliation.
In fact, the law of retaliation, as stated in this verse, is confined to the clause, equitable retaliation in the matter of the slain is prescribed for you, which forms a complete sentence in itself, giving a full and complete meaning. The ensuing expression, the freeman for the freeman and the slave for the slave and the female for the female, is something extra, not forming part of the law. It only contains a repudiation of the Arab custom referred to above and illustrates, by giving three instances, how the law is to be administered. Such an expression is known as جملة استینا فیه or جملة مستانفه in Arabic grammar, and is technically introduced with a view to answering a question which is suggested by the preceding clause to which it is added without any intervening conjunction. The question answered in such an expression is often understood and not expressed (Mukhtasar).
The sayings of the Holy Prophet and his practice also support the above interpretation, for it is on record that he once ordered a woman to be put to death for murdering a man (Muslim), and on another occasion he commanded that a freeman be put to death for the murder of a slave. Says the Holy Prophet: "Whoever kills his slave shall be put to death" (Majah). At another place he says: "The blood of all Muslims is alike in respect of the law of retaliation" (Nasa’i).
The words, if one is granted any remission by one’s brother, show that the infliction of capital punishment is not obligatory in all cases; for in special circumstances the murderer can be exempted from the extreme punishment by the heirs of the murdered person. Such exemption, which may be termed partial as the word شیء (any) indicates, means that the heirs of the deceased may renounce their right to have the murderer put to death and may in place of that receive from him blood money. Or as the Holy Prophet has made it clear, the heirs may, in exceptional cases and with the sanction of the authorities, even grant full pardon, remitting blood-money as well (Musnad & Baihaqi).
It is worthy of note that where the Quran speaks of remission, it uses the word "brother" instead of "heir of the murdered person". This is to hint to the heir of the slain person that he should, as far as possible, take a lenient view of the offence. On the other band, the murderer is also enjoined to pay blood money with good grace and without undue delay.
The concluding clause, i.e. whoso transgresses thereafter, for him there shall be a grievous punishment, is meant to point to the fact that if, after the matter has been amicably settled and the murderer granted a remission by the heirs of the murdered person, the heirs should take it into their heads to wreak vengeance on the murderer by killing him, they will be shown no mercy and will get capital punishment. Says the Prophet: "I will allow no remission in case of one whokills the murderer after he has accepted blood money from him" (Jarir).
The Islamic law of قصاص (retaliation), as briefly stated above, provides a very effective and practical means to put a stop to murder and safeguard human life. A man who shows a callous disregard for the life of a fellow person, loses his title to live as a member of human society. The option to pardon allowed to the heirs of the slain person should not be regarded as likely to encourage murder, for such option is not synonymous with exemption from punishment, as in ordinary circumstances the murderer will have to pay the blood money. Moreover, the would-be murderer possesses no means to know that the heirs of the person whose murder he contemplates will actually be persuaded to pardon him; so the fear of capital punishment will always be there to deter him from the commission of the crime. Again, pardon or remission is permissible only where the circumstances are such that pardon or remission is likely to improve matters and bring about good results for all parties concerned (42:41). Thus, while on the one hand, Islam has made due provision for the suppression of crime, it has, on the other, kept open the door for the display of the noble qualities of benevolence and mercy.
The way in which the Quran has upheld the ultimate necessity of the death penalty is indeed most significant. At the time when the Quran was revealed, people exacted retaliation for an injury done to them with a vengeance. They were not satisfied even with inflicting capital punishment on the murderer, to say nothing of pardoning him. They needed no incentive to retaliation. They were already overdoing it. In fact, the Islamic law of retaliation, viewed in the light of the circumstances prevailing at the time of its revelation, implied a prophecy that a time would come when people would go to the other extreme and a movement for the total abolition of capital punishment would be set on foot. So the Omniscient God laid down the law of retaliation in a form that is indispensable for the preservation and protection of human life, as well as the promotion of harmony and goodwill.
To prevent crime, Islam really aims at eliminating the conditions that produce it. It seeks to remove the very root-cause of all crime by working a complete moral reformation in man. But it does not remain content with that. It also prescribes deterrent laws in conformity with the dictates of reason, justice and humanity. The fact that, despite efforts to the contrary, the death penalty is still found on the Statute Books of most countries in one form or another, constitutes a sufficient proof of the wisdom of the Islamic teaching. As a matter of fact, even the most enthusiastic protagonists of the abolition of capital punishment have not yet been able to suggest a suitable alternative to it. They have had to admit that a long term of imprisonment as an alternative is "horrible" and is "not an ideal substitute" (Capital Punishment in the Twentieth Century by E. Roy Calvert, G. P. Putnam, London, 1930). The law of retaliation still remains the most effective deterrent to crime and an essential method to satisfy the demands of justice; and the Islamic Law takes a further step to bring about reconciliation between the offender and the aggrieved party.
a
2:195; 5:46.
204
The verse comprises a very important principle of civil law, i.e. equality of man and necessity of awarding proportionate punishment to all offenders without distinction, unless an offender is forgiven by the relatives of his victim under circumstances that are calculated to lead to improvement and betterment of conditions.
The words "is prescribed for you" show that retaliation for the slain is obligatory. Failure to inflict the punishment prescribed by Law on the offender is tantamount to violation of the Divine commandment. The duty, however, of punishing the culprit devolves not on the heirs of the murdered person but, as the plural ‘Alaikum (for you) shows, on the authorities responsible for the maintenance of law and order. The former, however, have been given the option to forgive. So whereas on the one hand the concerned authorities are bound to punish the offender according to the requirements of law, having no right to pardon him of their own accord, on the other the heirs of the m
ٱلطَّلَٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَٰنٍ ۗ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا۟ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْـًٔا إِلَّآ أَن يَخَافَآ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِۦ ۗ تِلْكَ حُدُودُ ٱللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُو۟لَٰٓئِكَ هُمُ ٱلظَّٰلِمُونَ
2:228.
2:232; 4:130; 65:3.
这节经文含有对离婚第五种约制。如果丈夫想和妻子离异, 他必须在三个不同时期声明离婚, 每次在她个别的洁净时期中并没有和她同过房, 在同一时期声明两次或三次离婚, 是不准许的。这在 مَرَّتَان (Marratan, 两次) 这一字中可以看出。这字的意思是, 发生在两个不同时期的一件事情, 而不是发生在同一时间的两件事情。穆圣把这种同一时间的集中声明, 不管几次, 都只作一次离婚声明看待 (تِرْمِذِی与داؤد)。根据纳萨伊 (نَسَائِی) 说, 有一天穆圣听到有人在同一时间内作了三次离婚声明, 非常生气地说, “在我还在你们中间时, 就把安拉的经典当儿戏吗?” 在第一和第二次声明离婚后, 丈夫在 عِدَّة (‘Iddat), 既等候时期内, 不论经过或不经过妻子的同意, 都可以召回离了婚的妻子; 但是等候时期过了以后, 他要经过她的同意而且要重新娶她才能收回。在第三次离婚后, 丈夫就丧失了这种权利, 这对夫妻就最终离异了。穆圣的一个伙伴有一次问他说, “«古兰经» 在这里只谈了两次离婚, 第三次离婚在什么地方?” 穆圣向他提到 “以厚道的做法辞离她们” 这句话, 意思是说, 第一和第二次离婚之后, 丈夫可以保留并且可以再娶她, 如果她也同意结婚的话; 但是如果他要最后离异的话, 他应与她离婚, 即第三次离婚 {جَرِيْر (Jarir) 与 مُسْنَد (Musnad)}。这一点在下一节经文中还要进一步说明。这样, 这里的 تَسْرِيْح (Tasrih) 这个字意为 طَلَاق (Talaq), 即离婚。
一个人和他的妻子离婚后, 他就丧失了他已给她的嫁妆 (办嫁妆的钱); 如果在离婚时他还没有给过她嫁妆, 在正式离婚之前, 他必须给她那笔钱。而且, 他不准许取回作为馈赠或礼物而给她的任何东西。
不过, 如果提出离婚的是女方, 法律上称为 خُلْع (khul‘), 她必须通过 قَاضِیْ (Qadi) 即法官, 正如 “你们 (双方) 害怕” 这几个字所暗示的那样。在这种情况下, 她必须归还男方全部或部分嫁妆以及男方过去送给她的礼品, 这要双方议定或由法官决定。盖斯•彬•撒比特 (قَيْس بِنْ ثَابِتْ, Qais bin Thabit) 的妻子杰米拉 (جَمِيْلَة, Jamilah) 那个案例提供了妇女行使 خُلْع 权的一个很好的实际说明。她要求和丈夫盖斯离婚, 理由是她不喜欢他, 也就是说, 他们性格不合, 不能相处在一起。穆圣给了他 خُلْع 的许可, 但是她必须把他给她的果园还给他 (布哈理)。
عام طور پر اس زمانہ کے علماء یہ سمجھتے ہیں کہ جس نے تین دفعہ طلاق کہہ دیا اس کی طلاق بائن ہو جاتی ہے یعنی اس کی بیوی اس سے دوبارہ اس وقت تک شادی نہیں کر سکتی جب تک کسی اور سے نکاح نہ کر لے مگر یہ غلط ہے کیونکہ قرآن کریم میں صاف فرمایا گیا ہے اَلطَّـلَا قُ مَرَّتٰنِ یعنی وہ طلاق جو بائن نہیں وہ دو دفعہ ہو سکتی ہے اس طور پر کہ پہلے مرد طلاق دے پھر یا تو طلاق واپس لے لے اور رجوع کرے یا عدت گزرنے دے اور نکاح کرے۔ پھر اَن بَن کی صورت میں دوبارہ طلاق دے۔ پس ایسی طلاق کا دو دفعہ ہونا تو قطعی طور پر ثابت ہے۔ پس ایک ہی دفعہ تین یا تین سے زیادہ بار طلاق کہہ دینے کو بائن قرار دین
تمہیں یعنی ملتِ اسلامیہ یا اسلام پر ایمان رکھنے والی حکومت کو۔
اِنْ خِفْتُمْ میں بتایا گیا ہے کہ اگر محکمہ قضا اس بات کا فیصلہ کرے کہ عورت خاوند کے پاس رہنے کے لئے راضی نہیں اور اس کی نارضا مندی کی وجہ سے مرد بھی عدل نہ رکھ سکے گا‘ تو عورت اگر کچھ دینا چاہے تو مرد کو اجازت ہے کہ کچھ مال لیکر اسے طلاق دے دے۔ لیکن وہ صرف اتنا ہی مال لے سکتا ہے جتنا اس نے خود دیا ہو اور کچھ نہیں۔
2:232; 4:130; 65:3.
This verse contains the fifth check on divorce. A man who seeks separation from his wife must pronounce divorce on three separate occasions, each in a separate period of purity when he has not gone in unto her during that period. The pronouncement of divorce twice or thrice at one and the same time is not permissible as is hinted in the word Marratan (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time and said, "Is the Book of God going to be made a plaything while I am yet among you?" After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘Iddat, i.e. the period of waiting, with or
When a person divorces his wife, he forfeits the dower-money he has given her; and if at the time of divorce he has not yet given her the dower- money, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents.
If, however, it is the wife who demands separation, technically known as Khula‘, she must get it through a Qadi or judge as the words "you fear," in the plural number, hint. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed upon by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khula‘ by women. She demanded separation from her husband. Qais, on the ground that she did not like him, i.e. their temperaments being different she could not get on with him. She was granted Khula‘ by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari).
See 2:228.
2:232; 4:130; 65:3.
Important Words:
امساك (retain) is derived from امسك which is again derived from مسك. They say امسك به i.e. he stuck to it. امسك is both transitive and intransitive. امسكه means, he got hold of it and stopped and retained it. امسك عن الکلام means, he abstained from talking. امساك means, (1) to hold or stop or prevent or retain; (2) to refrain or abstain (Aqrab).
تسریح (send away) is the noun-infinitive from سرح (sarraha) which is derived from سرح. They say سرح المواشی i.e. the cattle went forth for grazing. سرح السیل means, the flood moved on leisurely. سرحه means, he sent him away. سرح فلان زوجته means, he sent away or divorced his wife (Aqrab).
حدود (limits) is the plural of حد i.e. a limit. حده means, he put a limit to it. حد الشیء عن الشیء means, he distinguished one thing from the other. الحد means, (1) the limit or the line where two things meet; (2) last limit or extremity of a thing; (3) that by which a thing may be defined; (4) prescribed punishment for an offence. حدود الله means God’s religious commandments (Aqrab).
Commentary:
This verse contains the fifth check on divorce. A man who seeks permanent and irrevocable separation from his wife must pronounce divorce on three separate occasions, each in a separate طھر i.e. period of purity, when the woman is clean and the man has not gone in unto her during that period of purity. The pronouncement of divorce twice or thrice at one and the same time is not permissible as the verse hints in the word مرتان (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time, and said: "Is the Book of God going to be made a plaything while I am yet among you?"
After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘iddah, i.e. the period of waiting, with or without her consent; but after the period of waiting is over, he can take her back only with her consent and that after remarrying her. After the pronouncement of the third divorce, however, the husband forfeits this right and the couple are finally separated. A Companion of the Holy Prophet once asked him saying, "The Quran has here spoken of two divorces only, whence comes in the third!" The Prophet referred him to the Quranic words اوتسریح باحسان i.e. or send them away with kindness meaning thereby that after the pronouncement of the first two divorces the husband was free to retain his wife if he so desired but if he wanted irrevocable separation, he should "send her away", i.e. divorce her a third time (Jarir & Musnad). The point is further made clear in the succeeding verse. Thus the word تسریح here signifies طلاق i.e. divorce.
The present verse also makes it clear that when a person divorces his wife, he forfeits مھر i.e. the dower-money he has given her; and if at the time of divorce he has not yet given her the dower-money agreed on by the parties, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents as the clause it is not lawful for you that you take anything of what you have given them indicates.
If, however, it is the wife who demands separation, technically known as خلع (Khul‘a lit. the putting off of clothes etc., or the shedding of old leaves), she must get it through a Qadi or judge as the word خفتم (you fear), which has been put in the plural number, hints. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed on by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khul‘a by women. She demanded separation from her husband, Qais, on the ground that she did not like him, i.e. their temperaments being different, she could not get on with him. She was granted Kkul‘a by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari). This right, however, is not to be exercised in a light-hearted manner. The Holy Prophet has condemned the action of a woman who demands separation from her husband without valid reason even as he has condemned the action of a man who divorces his wife without genuine cause. He is reported to have said, "A woman who seeks separation from her husband without a legitimate cause shall be deprived of the fragrance of heaven" (Dawud & Tirmidhi). This is what is hinted in the concluding words, these are the limits prescribed by Allah, so transgress them not, etc. The husband and the wife are both warned to fear God and refrain from transgressing the limits imposed by God for their own good.
b
2:228.
c
2:232; 4:130; 65:3.
170
这节经文含有对离婚第五种约制。如果丈夫想和妻子离异, 他必须在三个不同时期声明离婚, 每次在她个别的洁净时期中并没有和她同过房, 在同一时期声明两次或三次离婚, 是不准许的。这在 مَرَّتَان (Marratan, 两次) 这一字中可以看出。这字的意思是, 发生在两个不同时期的一件事情, 而不是发生在同一时间的两件事情。穆圣把这种同一时间的集中声明, 不管几次, 都只作一次离婚声明看待 (تِرْمِذِی与داؤد)。根据纳萨伊 (نَسَائِی) 说, 有一天穆圣听到有人在同一时间内作了三次离婚声明, 非常生气地说, “在我还在你们中间时, 就把安拉的经典当儿戏吗?” 在第一和第二次声明离婚后, 丈夫在 عِدَّة (‘Iddat), 既等候时期内, 不论经过或不经过妻子的同意, 都可以召回离了婚的妻子; 但是等候时期过了以后, 他要经过她的同意而且要重新娶她才能收回。在第三次离婚后, 丈夫就丧失了这种权利, 这对夫妻就最终离异了。穆圣的一个伙伴有一次问他说, “«古兰经» 在这里只谈了两次离婚, 第三次离婚在什么地方?” 穆圣向他提到 “以厚道的做法辞离她们” 这句话, 意思是说, 第一和第二次离婚之后, 丈夫可以保留并且可以再娶她, 如果她也同意结婚的话; 但是如果他要最后离异的话, 他应与她离婚, 即第三次离婚 {جَرِيْر (Jarir) 与 مُسْنَد (Musnad)}。这一点在下一节经文中还要进一步说明。这样, 这里的 تَسْرِيْح (Tasrih) 这个字意为 طَلَاق (Talaq), 即离婚。
171
一个人和他的妻子离婚后, 他就丧失了他已给她的嫁妆 (办嫁妆的钱); 如果在离婚时他还没有给过她嫁妆, 在正式离婚之前, 他必须给她那笔钱。而且, 他不准许取回作为馈赠或礼物而给她的任何东西。
172
不过, 如果提出离婚的是女方, 法律上称为 خُلْع (khul‘), 她必须通过 قَاضِیْ (Qadi) 即法官, 正如 “你们 (双方) 害怕” 这几个字所暗示的那样。在这种情况下, 她必须归还男方全部或部分嫁妆以及男方过去送给她的礼品, 这要双方议定或由法官决定。盖斯•彬•撒比特 (قَيْس بِنْ ثَابِتْ, Qais bin Thabit) 的妻子杰米拉 (جَمِيْلَة, Jamilah) 那个案例提供了妇女行使 خُلْع 权的一个很好的实际说明。她要求和丈夫盖斯离婚, 理由是她不喜欢他, 也就是说, 他们性格不合, 不能相处在一起。穆圣给了他 خُلْع 的许可, 但是她必须把他给她的果园还给他 (布哈理)。
1
عام طور پر اس زمانہ کے علماء یہ سمجھتے ہیں کہ جس نے تین دفعہ طلاق کہہ دیا اس کی طلاق بائن ہو جاتی ہے یعنی اس کی بیوی اس سے دوبارہ اس وقت تک شادی نہیں کر سکتی جب تک کسی اور سے نکاح نہ کر لے مگر یہ غلط ہے کیونکہ قرآن کریم میں صاف فرمایا گیا ہے اَلطَّـلَا قُ مَرَّتٰنِ یعنی وہ طلاق جو بائن نہیں وہ دو دفعہ ہو سکتی ہے اس طور پر کہ پہلے مرد طلاق دے پھر یا تو طلاق واپس لے لے اور رجوع کرے یا عدت گزرنے دے اور نکاح کرے۔ پھر اَن بَن کی صورت میں دوبارہ طلاق دے۔ پس ایسی طلاق کا دو دفعہ ہونا تو قطعی طور پر ثابت ہے۔ پس ایک ہی دفعہ تین یا تین سے زیادہ بار طلاق کہہ دینے کو بائن قرار دین
2
تمہیں یعنی ملتِ اسلامیہ یا اسلام پر ایمان رکھنے والی حکومت کو۔
3
اِنْ خِفْتُمْ میں بتایا گیا ہے کہ اگر محکمہ قضا اس بات کا فیصلہ کرے کہ عورت خاوند کے پاس رہنے کے لئے راضی نہیں اور اس کی نارضا مندی کی وجہ سے مرد بھی عدل نہ رکھ سکے گا‘ تو عورت اگر کچھ دینا چاہے تو مرد کو اجازت ہے کہ کچھ مال لیکر اسے طلاق دے دے۔ لیکن وہ صرف اتنا ہی مال لے سکتا ہے جتنا اس نے خود دیا ہو اور کچھ نہیں۔
a
See 2:228.
b
2:232; 4:130; 65:3.
236
Important Words:
امساك (retain) is derived from امسك which is again derived from مسك. They say امسك به i.e. he stuck to it. امسك is both transitive and intransitive. امسكه means, he got hold of it and stopped and retained it. امسك عن الکلام means, he abstained from talking. امساك means, (1) to hold or stop or prevent or retain; (2) to refrain or abstain (Aqrab).
تسریح (send away) is the noun-infinitive from سرح (sarraha) which is derived from سرح. They say سرح المواشی i.e. the cattle went forth for grazing. سرح السیل means, the flood moved on leisurely. سرحه means, he sent him away. سرح فلان زوجته means, he sent away or divorced his wife (Aqrab).
حدود (limits) is the plural of حد i.e. a limit. حده means, he put a limit to it. حد الشیء عن الشیء means, he distinguished one thing from the other. الحد means, (1) the limit or the line where two things meet; (2) last limit or extremity of a thing; (3) that by which a thing may be defined; (4) prescribed punishment for an offence. حدود الله means God’s religious commandments (Aqrab).
Commentary:
This verse contains the fifth check on divorce. A man who seeks permanent and irrevocable separation from his wife must pronounce divorce on three separate occasions, each in a separate طھر i.e. period of purity, when the woman is clean and the man has not gone in unto her during that period of purity. The pronouncement of divorce twice or thrice at one and the same time is not permissible as the verse hints in the word مرتان (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time, and said: "Is the Book of God going to be made a plaything while I am yet among you?"
After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘iddah, i.e. the period of waiting, with or without her consent; but after the period of waiting is over, he can take her back only with her consent and that after remarrying her. After the pronouncement of the third divorce, however, the husband forfeits this right and the couple are finally separated. A Companion of the Holy Prophet once asked him saying, "The Quran has here spoken of two divorces only, whence comes in the third!" The Prophet referred him to the Quranic words اوتسریح باحسان i.e. or send them away with kindness meaning thereby that after the pronouncement of the first two divorces the husband was free to retain his wife if he so desired but if he wanted irrevocable separation, he should "send her away", i.e. divorce her a third time (Jarir & Musnad). The point is further made clear in the succeeding verse. Thus the word تسریح here signifies طلاق i.e. divorce.
The present verse also makes it clear that when a person divorces his wife, he forfeits مھر i.e. the dower-money he has given her; and if at the time of divorce he has not yet given her the dower-money agreed on by the parties, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents as the clause it is not lawful for you that you take anything of what you have given them indicates.
If, however, it is the wife who demands separation, technically known as خلع (Khul‘a lit. the putting off of clothes etc., or the shedding of old leaves), she must get it through a Qadi or judge as the word خفتم (you fear), which has been put in the plural number, hints. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed on by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khul‘a by women. She demanded separation from her husband, Qais, on the ground that she did not like him, i.e. their temperaments being different, she could not get on with him. She was granted Kkul‘a by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari). This right, however, is not to be exercised in a light-hearted manner. The Holy Prophet has condemned the action of a woman who demands separation from her husband without valid reason even as he has condemned the action of a man who divorces his wife without genuine cause. He is reported to have said, "A woman who seeks separation from her husband without a legitimate cause shall be deprived of the fragrance of heaven" (Dawud & Tirmidhi). This is what is hinted in the concluding words, these are the limits prescribed by Allah, so transgress them not, etc. The husband and the wife are both warned to fear God and refrain from transgressing the limits imposed by God for their own good.
b
2:228.c
2:232; 4:130; 65:3.
280
This verse contains the fifth check on divorce. A man who seeks separation from his wife must pronounce divorce on three separate occasions, each in a separate period of purity when he has not gone in unto her during that period. The pronouncement of divorce twice or thrice at one and the same time is not permissible as is hinted in the word Marratan (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time and said, "Is the Book of God going to be made a plaything while I am yet among you?" After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘Iddat, i.e. the period of waiting, with or
281
When a person divorces his wife, he forfeits the dower-money he has given her; and if at the time of divorce he has not yet given her the dower- money, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents.
282
If, however, it is the wife who demands separation, technically known as Khula‘, she must get it through a Qadi or judge as the words "you fear," in the plural number, hint. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed upon by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khula‘ by women. She demanded separation from her husband. Qais, on the ground that she did not like him, i.e. their temperaments being different she could not get on with him. She was granted Khula‘ by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari).
وَٱلسَّٰبِقُونَ ٱلْأَوَّلُونَ مِنَ ٱلْمُهَٰجِرِينَ وَٱلْأَنصَارِ وَٱلَّذِينَ ٱتَّبَعُوهُم بِإِحْسَٰنٍ رَّضِىَ ٱللَّهُ عَنْهُمْ وَرَضُوا۟ عَنْهُ وَأَعَدَّ لَهُمْ جَنَّٰتٍ تَجْرِى تَحْتَهَا ٱلْأَنْهَٰرُ خَٰلِدِينَ فِيهَآ أَبَدًا ۚ ذَٰلِكَ ٱلْفَوْزُ ٱلْعَظِيمُ
58:23; 98:9.
58:23; 98:9.
Incidentally, the verse constitutes a forcible refutation of the Shi‘ah accusations against the first three Successors of the Holy Prophet and his other prominent Companions.
58:23; 98:9.
Important Words:
السابقون (foremost) is the plural of السابق being derived from سبق. They say سبقه i.e. he got or went or came before him or ahead of him; he outstripped him in a race, etc. So سابق is one who outstrips others in faith and actions (Lane).
الاولون (the first) is the plural of الاول which is derived from وأل being the opposite of الآخر i.e. the last. اول means, the first; one preceding all others (Lane & Aqrab).
Commentary:
The verse mentions two distinctive qualifications of prominent believers: (1) السابقون i.e. those who are foremost in spiritual rank, outstripping others in faith and actions; and (2) الاولون i.e. those who are the first to believe, others only following them.
The Companions of the Holy Prophet are thus held up here as models for others, being both foremost in rank and the first to believe. Nay, even those, who sincerely followed in their footsteps, became the favoured ones of God. Incidentally, the verse also constitutes a forcible refutation of the Shia accusations against the first three Successors of the Holy Prophet and his prominent Companions.
a
58:23; 98:9.
a
58:23; 98:9.
1249
Important Words:
السابقون (foremost) is the plural of السابق being derived from سبق. They say سبقه i.e. he got or went or came before him or ahead of him; he outstripped him in a race, etc. So سابق is one who outstrips others in faith and actions (Lane).
الاولون (the first) is the plural of الاول which is derived from وأل being the opposite of الآخر i.e. the last. اول means, the first; one preceding all others (Lane & Aqrab).
Commentary:
The verse mentions two distinctive qualifications of prominent believers: (1) السابقون i.e. those who are foremost in spiritual rank, outstripping others in faith and actions; and (2) الاولون i.e. those who are the first to believe, others only following them.
The Companions of the Holy Prophet are thus held up here as models for others, being both foremost in rank and the first to believe. Nay, even those, who sincerely followed in their footsteps, became the favoured ones of God. Incidentally, the verse also constitutes a forcible refutation of the Shia accusations against the first three Successors of the Holy Prophet and his prominent Companions.
a
58:23; 98:9.
1212
Incidentally, the verse constitutes a forcible refutation of the Shi‘ah accusations against the first three Successors of the Holy Prophet and his other prominent Companions.