Juz 4: Āl ʿImrān 93 to An-Nisāʾ 23
Section 17 of 19 · Tafsir of the Qur’an · Mufti Abdul Rahman Mangera
16. Rights of Orphans and Marriage Regulations
Surah An-Nisa begins with a powerful reminder of human equality and the importance of maintaining family ties, setting the foundation for the detailed regulations that follow regarding vulnerable members of society:
يَا أَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُم مِّن نَّفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالًا كَثِيرًا وَنِسَاءً
“O people, fear your Lord who created you from a single soul, and from it created its match, and spread many men and women from the two." (An-Nisa 4:1) [4:1]”
The primary focus in the early verses of this surah centers on protecting the rights of orphans and establishing regulations for marriage. In pre-Islamic Arabia, orphans were frequently subjected to exploitation and injustice. Their guardians would often misappropriate their wealth and property without accountability. Similarly, women were denied inheritance rights and could be treated as property themselves. Islam brought revolutionary reforms to these practices.
Allah (swt) begins with a stern warning against mishandling orphans' wealth:
وَآتُوا الْيَتَامَىٰ أَمْوَالَهُمْ وَلَا تَتَبَدَّلُوا الْخَبِيثَ بِالطَّيِّبِ وَلَا تَأْكُلُوا أَمْوَالَهُمْ إِلَىٰ أَمْوَالِكُمْ إِنَّهُ كَانَ حُوبًا كَبِيرًا
“Give the orphans their property, and do not substitute worthless things for their good ones, and do not eat up their property along with your own. It is, indeed, a great sin." (An-Nisa 4:2) [4:2]”
The term yatama (orphans) in Islamic terminology specifically refers to children who have lost their fathers before reaching maturity. Once a person reaches adulthood, they are no longer considered an orphan in the technical sense. This distinction is important because it highlights the vulnerability of children without paternal protection in a patriarchal society.
The verses then transition to marriage regulations, particularly addressing the concern for justice toward orphaned girls:
وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَىٰ فَانكِحُوا مَا طَابَ لَكُم مِّنَ النِّسَاءِ مَثْنَىٰ وَثُلَاثَ وَرُبَاعَ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً
“If you fear that you will not maintain equity in case of orphans, then marry the women you like, in twos, in threes and in fours. But if you fear that you will not do justice, then (marry) only one, or (marry) what your right hands possess." (An-Nisa 4:3) [4:3]”
This verse establishes the permission for plural marriage (up to four wives) but with a crucial condition: the ability to maintain justice between them. The placement of this regulation within the context of caring for orphans indicates one of its social purposes—providing protection and care for widows and orphans in a society devastated by war and conflict.
The pre-Islamic practice of polygamy was unregulated—men could marry unlimited numbers of women without any obligation toward fair treatment. Furthermore, they could effectively abandon wives without divorcing them, leaving these women in limbo—neither married with rights nor divorced and free to remarry. Islam reformed this by:
- Limiting the number of wives to a maximum of four
- Mandating justice and fair treatment between wives
- Clearly stating that if a man fears he cannot maintain justice, he should marry only one
Allah (swt) then addresses the institution of mahr (dowry), emphasizing that it is a woman's right:
وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْل
“[4:4]”