Reasons For Some Islamic Rules

[Draupadi]

I have a few queries about some Islamic rules about which I would especially like to receive Quranist answers. Here I go-

1. Why a woman has to marry another man before she gets to re-marry her husband who has divorced her thrice? Why isn't this law applicable for the men?

2. I agree with those who say that Islam doesn't allow slave concubinage. But can any such person explain this verse- [FONT=Verdana,Arial]4:24 (Y. Ali) Also (prohibited are) women already married, except those whom your right hands possess:

Does this mean that a Muslim man is allowed to marry a female married slave?

Thank you for your contributions.
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[seeking4truth]

1. This law is to protect both men and women from abuse through repeated divorces and remarriage. Of course if it applies to women it must apply to men as well how can it apply to one and not the other in this particular case?

2. The verse says that a man may not approach a married woman with a proposal of marriage except in the case of a woman that is 'what your right hand possess' ie. is a prisoner of war who has not been ransomed back to her own people and who then has a choice as to whether accept or not.

 

[Draupadi]

1. This law is to protect both men and women from abuse through repeated divorces and remarriage. Of course if it applies to women it must apply to men as well how can it apply to one and not the other in this particular case?

How can it be applicable for men? I have never seen such a case. Everyone says that it is only meant for women. Even the Quran mentions it.

2. The verse says that a man may not approach a married woman with a proposal of marriage except in the case of a woman that is 'what your right hand possess' ie. is a prisoner of war who has not been ransomed back to her own people and who then has a choice as to whether accept or not.

Forgive me. I didn't understand it. Can you explain it to me by breaking it down?

 

[beenie]

The idea behind the woman having to marry another man before she can remarry her ex is to make the MAN think many times before he decides to divorce her. He has to not just imagine, but SEE his ex living with another man. If he can't handle the thought of it, then he shouldn't divorce her in the first place. It's possible that he could lose her forever (she might fall in love with the other man), so he better think hard.

(not saying I agree with this, but this is the explanation I have gotten)

Why it's not applicable to men, I don't know... I can only surmise that because men are the "supporters", if he remarried and had more children, he would have the added responsibility of another family.

As for the slave-girl thing, that's all Greek to me. I don't get it either.

 

[dynavert2012]

who's divorcing who? the man is the one who divorces his wife triple, it's his mistake not her mistake, so he who has to be punished, it's now up to her not to him, he can't remarry her again, it's not a toy that he divorces her every day and then regrets, Islam decides that this man shall not marry her again as he's not responsible enough and can't control his mouth enough, both can start a new life with different partners, if accidently she got divorced again and felt that her first husband becomes more self control and he still wills her, so it's ok, they can return, otherwise she has the free will to continue with the second husband or to leave both, it's a punishment for the man

 

[Draupadi]

But what if the wife doesn't want to marry another man? Still she HAS to do it to return to her husband. No other options are given.

The same thing can happen to a man too. So why not the women are given this sort of 'punishment' as people are calling it? In this case I am talking about monogamous men. If they are polygamous then they can keep both.

 

[Union]

Hi Draupadi . Verse 2.230 about Hilla Marriage is a case not a condition. Meaning, if a man divorced his wife finally and wanted to marry her back again , he can’t do it so easily if she has already married to another man and it is required the new husband to divorce her . Only after that the ex-husband and divorced wife can come together in marriage.

If the divorced wife is not married to other man, there is no hustle for them to get together .

If you read verse 2.230 in Arabic you will find the word تنكحزوجاغيره ( she marries another husband..) where تنكح (She marries ) is in subjunctive mood (منصو&#1576 , as the structure of verb ( Nikha نكح ) is تَفْعَلَ .

Now a brief description of Subjunctive mood is as follows :

The subjunctive is a grammatical mood found in many languages. Subjunctive forms of verbs are typically used to express various states of unreality such as wish, emotion, possibility, judgment, opinion, necessity, or action that has not yet occurred – the precise situations in which they are used vary from language to language. The subjunctive is an irrealis mood (one that does not refer directly to what is necessarily real) – it is often contrasted with the indicative, which is a realis mood.

http://en.wikipedia.org/wiki/Subjunctive_mood

As we can see subjunctive mood is used to denote possibility which may not necessarily to happen , ‘She marries another husband…’ is also possibility or action that may not going to happen/not a necessity.

This observation of grammatical mood is important here because, if ‘she marries another husband…’ would be in Imperative mood , verb form فْعِلِيْ , then the statement become a command and no longer remain a possibly but certainty .

Hence, the summary about verse 2.230 is as follows :

01. It is a case and not a condition.
02. If the divorced wife married another man, she should get a divorce before marrying the ex-husband .
03. If the divorced wife is free and not married to any other man , she can marry to her ex-husband following all the rules of new marriage-contract .
04. The next marriage of the divorced wife is her own choice . No Mullah , Mawlana , Mufti etc. can force her to get married .

Regarding the translation of 4.24 , I don’t know from where Y.Ali or like-him translators found ‘Married women’ in Qur’an . The Arabic word there is لمحصنات which simply means chaste women and not married women . This same word was repeated couple of times in the same verse and the next verse , i.e, 4.25 but the same translator translated this correctly as ‘chaste’ . So I don’t get the point of this translations of 'married women.'

In fact the root of لمحصنات is ḥā ṣād nūn (حصن ) and used in Qur’an in some other verses frequently to denote chaste women (ref. 5.5 ,24.4,24.23 etc.) .

After getting the translation right we have to link verse 4.24 with verse 4.25 and not with 4.23-22 , to get the total picture .

[004:024] Also women who are being chastened (والمحصناتمنالنساء), except those whom your right hands possess: Thus hath God ordained (Prohibitions) against you: what in back are permissible provided ye seek (them in marriage) with gifts from your property,- desiring chastity(محصني&#1606, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and God is All-knowing, All-wise.

[004:025] If any of you have not the means wherewith to wed free believing women (المحصناتالمؤمنا&#1578, they may wed believing girls from among those whom your right hands possess(ماملكتايمانكممنفتياتكمالمؤمنات): And God hath full knowledge about your faith. Ye are one from another: Wed them with the leave of their owners, and give them their dowers, according to what is reasonable: They should be chaste(محصنات), not lustful, nor taking paramours: when they are taken in wedlock, if they fall into shame, their punishment is half that for free women. This (permission) is for those among you who fear sin; but it is better for you that ye practice self-restraint. And God is Oft-Forgiving, Most Merciful.

If you now read verse 24 and 25 together it gives us the information that the women whom our right hand possess , are excluded for bearing the quality of being chastened ( محصنين ) (ref. red part of verse 4.24) and given condition of being believing (المؤمنا&#1578 (ref. red part of verse 4.25) when the marriage is a concern .

But they are cautioned that after the marriage they should be bring into the quality of محصنات in them (ref. blue part of verse 4.25 ) in order to establish her as a complete Islamic woman .

 

[beenie]

who's divorcing who? the man is the one who divorces his wife triple, it's his mistake not her mistake, so he who has to be punished, it's now up to her not to him, he can't remarry her again, it's not a toy that he divorces her every day and then regrets, Islam decides that this man shall not marry her again as he's not responsible enough and can't control his mouth enough, both can start a new life with different partners, if accidently she got divorced again and felt that her first husband becomes more self control and he still wills her, so it's ok, they can return, otherwise she has the free will to continue with the second husband or to leave both, it's a punishment for the man

It's punishment for both; what if she never wanted the divorce to begin with? Then he wants her back, she wants to be with him... but NOOO, she has to marry and consummate with another man, then he has to grant her another divorce, then she has to wait 4 months to be sure she's not pregnant... then she can remarry the man she never wanted to divorce in the first place.

Sounds like a toy to me...

 

[Union]

It's punishment for both; what if she never wanted the divorce to begin with? Then he wants her back, she wants to be with him... but NOOO, she has to marry and consummate with another man, then he has to grant her another divorce, then she has to wait 4 months to be sure she's not pregnant... then she can remarry the man she never wanted to divorce in the first place.

Sounds like a toy to me...

Exactly , its sounds like a child-play . Unfortunate our women that they are the victim of this 'child-play' for thousands years since Hadith took over from Qur'an to rule the Muslim world ...

My warm prayers and well-wishes for you and Draupadi for be bold enough to complain to this toy rule to show sectarian Muslim world what injustice they have been doing with women . May ALLAH , the Almighty bless you all .

 

[Draupadi]

Thanks Union. You are really nice .

 

[Union]

Thanks Union. You are really nice .

Anytime . By the way quite a while ago there was big fuss in Bangladesh about this Hilla marriage , so far I can remember . Do you know anything about that ?

 

[Draupadi]

No. People here believe that it's the superstition of the mullahs. So it gets minor attention in the newspapers. And I don't read newspapers much because I am sick of the negative aspects of my country, especially those concerned with politics.

 

[Union]

No. People here believe that it's the superstition of the mullahs. So it gets minor attention in the newspapers. And I don't read newspapers much because I am sick of the negative aspects of my country, especially those concerned with politics.

Don't worry my sister . One day it will be alright . Bangladesh is the rising star in the global economy . Once this political crisis will settle down , InshALLAH , it will become a trading hub for the rest of the world .