Surah An-Nisa, Ayah 20

Meaning of `Inheriting Women Against Their Will

Al-Bukhari recorded that Ibn `Abbas said about the Ayah,

يَـأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ يَحِلُّ لَكُمْ أَن تَرِثُواْ النِّسَآءَ كَرْهاً

(O you who believe! You are not permitted to inherit women against their will,) "Before, the practice was that when a man dies, his male relatives used to have the right to do whatever they wanted with his wife. If one of them wants, he would marry her, give her in marriage, or prevent her from marriage, for they had more right to her than her own family. Thereafter, this Ayah was revealed about this practice,

يَـأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ يَحِلُّ لَكُمْ أَن تَرِثُواْ النِّسَآءَ كَرْهاً

The next two verses (20, 21) also enlarge upon this subject. Here it has been said that, should it be that the woman has just not shown any contumacy or immodesty, but the husband, following his own physical desire and pleasure, intends to marry another woman in her place, then again it will not be permissible for him to claim anything from her in exchange of divorce, even though he had given her a lot of wealth. Similarly, it will not be allowed for him to force her to forgo the dower due against him. This is because there is no fault of the woman and the cause which makes the dower due and payable has been vacated, that is, they have been married and have had their privacy with each other. Now, the husband has no right to take back what he has given her or make her forgo the dower.

That the taking back of this amount is an injustice and sin has been later on described in three stages.

First, it was said: أَتَأْخُذُونَهُ بُهْتَانًا وَإِثْمًا مُّبِينًا that is, 'do you want to take it through imputation and an open sin?"

This sentence refers back to the previous verse (19) where it was laid down that the husband has no right to take back the dower from his wife except when she has committed a shameful act. On the basis of this principle the present verse (20) says that if you take back the dower from your wife, it will mean that you are imputing her for a shameful act, because it is the only situation where your claim may be rightful. Since your wife has not committed a shameful act, your claim to the dower is a false imputation which is an open sin.

Undoubtedly, the successors of a deceased person have the right to inherit his property. But his widow is not to be treated as a part of the inheritance and exploited as the successors decide. Property is inanimate and therefore without feeling, and, as such is a proper object of inheritance, but human beings have sensate, independent existences, and therefore possess the right to decide their future according to their own choice. If there is any physical or temperamental shortcoming in a woman, it should be tolerated so that she may have the opportunity to use her other natural talents to play her part in the building up of the household. One should overlook the unpleasant aspects of her personality and try to adjust amicably. The secret of the progress and solidarity of any family or society is that its members should ignore the shortcomings and deficiencies of each other and give everyone the chance to exercise his or her abilities. Those who adopt the way of patience and tolerance in this world for the sake of God, are the people who will be granted admission to Paradise in the Hereafter. When one does not like one’s life companion and, rather than be tolerant, decides to separate, it often happens that one exaggerates the shortcomings of the other to justify one’s decision. Allegations are fabricated so that the weaker person should become nervous and leave. Similarly, while severing the marriage bond, trumped up reasons are presented to the other party. But these activities are against the covenant. A covenant is considered sacred by God and whether written or unwritten, it is essentially binding. It applies equally to both parties, leaving them no choice of their own.