By: Allama Mohammed Shihabuddin Nadvi
Rendered into English: Aneesur Rahman Nadvi

Remarriage of a woman: A difficult issue
It should be noted that if a woman marries a person who is inferior to her, then according to Hanafi school of jurisprudence, her guardians have the right to object to this marriage until she gives birth to a child. In that case the guardians of the woman can separate between the two, because it is a disgrace for them to marry such an inferior person. But any such separation can only take place in the court of a judge. And until the judge makes a decision in this regard, the rulings of divorce and inheritance etc. will continue to occur between them, because the original contract of marriage is valid. Therefore, there is no harm to the guardians in the validity of the contract.(38)

From this point of view, the authority of a woman’s guardians to object and annul the marriage is only a matter of ideology and its implementation in the practical world is extremely difficult. Especially in countries like India where a woman usually gets married only once, so in such countries both the existence and non-existence of this law is equal. Obviously, if a woman’s guardians somehow manage to separate between the two, then remarriage of such a “divorced” woman becomes one of the most difficult issues, because the situation is completely different between us and the Arab countries. The situation in the Islamic era was that if a woman got divorced, she would get remarried immediately and such divorced women were not considered forbidden in the society at that time. But nowadays such women are considered to be extremely sinister due to Hindu customs and traditions. Therefore, it is necessary to reconsider our jurisprudence in such issues (which are related to customs and traditions).

There is another issue that needs to be reviewed in this regard, which holds the key in solving this difficult issue to a great extent. That is according to Hanafi school of jurisprudence, is the right of a sane and mature woman to perform her own marriage without the interference of her guardians. Obviously, thanks to this kind of option, a woman can sometimes become emotional in a hurry and make wrong decisions, which can lead to bad consequences later on. Giving a woman this kind of authority can often be detrimental to her.

Selection of Women
What was explained above was about the selection of man. As for the issue of woman’s selection, then there is no condition of adequacy or equality. But it is necessary to think carefully in this regard whether the woman or the young lady who is being chosen to be his life partner is according to his criteria or not? It is not appropriate to make an emotional decision in this matter, because marriage does not take place again and again. In fact, in societies like India, it usually takes place only once in a lifetime, because second marriages are not viewed favorably in these societies. On the contrary, if situation turn out to be such, then one has to compromise a lot in this regard, because due to the Hindu customs and traditions, the environment here has deteriorated considerably. Therefore, getting a virgin girl again for a second marriage will be extremely difficult.

The Hadith of the Prophet (PBUH) itself gives us considerable guidance in this regard as to what kind of woman we should choose to make our life happy and joyful.

Wrong way of selecting a woman
In choosing a woman, people usually pay more attention to her wealth or her beauty and attractiveness than to her morals and piety. This kind of tendency has been termed as wrong and non-constructive action in some hadiths. It is an unwise act to marry a woman merely on the basis of her wealth, beauty and lineage, the consequences of which may turn out to be bad in future.

من تزوج امرأة لعزھا لم يزدہ اللہ الا ذلا، ومن تزوجھا لمالھا لم يزدہ اللہ الا فقرا، ومن تزوجھا لحسنھا لم يزد اللہ الا دنائة، ومن تزوج امرأة لم يرد بھا الا أن يغض بصرہ، ويحصن فرجه، أو
يصل رحمه بارك اللہ له فيھا وبارك لھا فيه:

The Messenger of Allah (PBUH) said: Whoever marries a woman merely for the sake of her fame, Allah will humiliate him, and whoever marries a woman merely for the sake of her wealth, then Allah will increase his poverty and need, and whoever marries a woman merely for the sake of her lineage, then Allah will humiliate him. And whoever marries a woman to keep his eyes down, and to protect his private parts from evil, and for the sake of a kinship, then Allah will bless such a man and a woman with good and blessings.(39)

The Messenger of Allah (PBUH) also said:
لاتزوجوا النساء لحسنھن، فعسى حسنھن أن يرديھن۔ ولا تزوجوھن لأموالھن، فعسى أموالھن أن تطغيھن۔ ولکن تزوجوھن على الدين۔ ولأَمة خرماء سوداء ذات دين افضل:

Do not marry a woman because of her beauty, as their beauty may make them proud. Also, do not marry women on the basis of their wealth, as their wealth may make them rebellious. But you should marry them on the basis of their piety (and remember that) a black and an ear cut but a pious slave girl can also be better.(40)

The right way to choose a woman
The correct way to choose a woman is to look at her inner qualities first, ignoring her outward qualities. That is to say, what is the status of her character, morals and habits and to what extent is she bound by religion? Worldly things do come and go. Obviously, wealth and possessions are not permanent. Therefore, the requirement of intellect and wisdom is that piety should be given priority in the selection of women. The Qur’an and Hadith explicitly emphasize that the choice of a woman should be such that it can be a source of comfort to a man and increase his piety. Therefore, the Almighty says:

وَالَّذِيْنَ يَقُوْلُوْنَ رَبَّنَا ھَبْ لَنَا مِنْ اَزْوَاجِنَا وَذُرِّيتِنَا قُرَّةَ اَعْيُنٍ.

And (the servants of the Most Gracious) are the ones who say: Our Lord, make our wives and children a comfort of our eyes.” (Qur’an:25:74)

This clearly means that we should always pray to Allah Almighty to grant us good wives and good children. Its logical implication is that we must continue to strive for it in our lives. And from this point of view, the demand of this verse is that we must take this aspect into consideration in choosing a woman before marriage. Therefore, this verse has been interpreted in the hadiths as follows.

تُنْکَحُ الْمَرْأَةُ لأَرْبَعٍ: لِمَالِھَا ولِحَسَبِھَا وَجَمَالِھَا وَلِدِيْنِھَا، فَاظْفَرْ بِذَاتِ الدِّيْنِ تَرِبَتْ يَدَاكَ۔

The Prophet (PBUH) said: A woman is married for four reasons: because of her wealth, because of her family, because of her beauty, and because of her piety. So, choose a pious woman.”(41)

The fact is that men and women are partners for a lifetime. Therefore, if morality and piety are not taken as the basis, then it is possible that in the future, there might happen resentment between husband and wife and they will not be able to support each other at different stages of life or both of them might be always at loggerheads, which makes their lives miserable. For this reason, in a hadith, a woman of good character is considered as a precious thing or the greatest gift of God.

اَلدُّنْيَا کُلُّھَا مَتَاعٌ، وَخَيْرُ مَتَاعِ الدُّنْيَا اَلْمَرْأَةُ الصَّالِحَةُ۔

The whole world is a commodity and the best commodity in the world is a virtuous woman.”(42)

Along with piety, if the above mentioned virtues are also accumulated in a woman, then it will add to her elegance. Otherwise, without piety, all other virtues are of no value. It is because of piety that a woman develops a spirit of complete obedience and submission to her husband, and this creates a feeling of empathy and loyalty. Also, according to some hadiths, one should marry in a good tribe or family, because the habits and behaviour of the parents are usually passed on to the children as well.

تَزَوَّجُوْا فِيْ الْحِجْزِ لصَّالِحِ، فَإِنَّ الْعِرْقَ دَسَّاسٌ:

You should marry in a good tribe, because (parents’) instincts are instilled in children.(43)

The second great blessing after Islam
If a Muslim succeeds in getting a beautiful and virtuous wife along with Islam then he is a very lucky person. As it is stated in some hadiths:

خَيْرُ فَاءِدَةٍ أَفَادَھَا الْمَرْءُ الْمُسْلِمُ بَعْدَ إِسْلاَمِهِ مْرَأَةٌ جَمِيْلَةٌ، تَسُرُّہُ إِذَا نَظَرَ إِلَيْھَا، وَتُطِيْعُهُ إِذَا أَمَرَھَا، وِتَحْفَظُهُ فِيْ غَيْبَتِهِ وَمَالِهِ وَنَفْسِھَا:

The Prophet (PBUH) said that the best benefit a Muslim can get after his Islam is a beautiful woman, whom if he looks at her she will make him happy. When he gives an order she obeys, and protects his property and herself in his absence.(44)

خَيْرُ النِّسَاءِ الَّتِيْ إِذَا نَظَرْتَ إِلَيْھَا سَرَّتْكَ، وَإِذَا اَمَرْتَھَا اَطَاعَتْكَ، وَإِذَا غِبْتَ عَنْھَا حَفِظَتْكَ فِيْ نَفْسِھَا وَمَالِكَ:

The Prophet (PBUH) said: The best woman is the one who will please you if you look at her. If you order her to do something, she obeys you, and when you are out of the house, she protects herself and your property.”(45)

قِيْلَ لِرَسُوْلِ اللّہِ صَلّى اللّہُ عَلَيْهِ وَسَلَّمَ: اَيُّ النِّسَاءِ خَيْرٌ؟ قَالَ الَّتِيْ تَسُرُّہُ اِذَا نَظَرَ، وَتُطِيْعُهُ اِذَا اَمَرَ، وَلاَ تُخَالِفُهُ فِيْ نَفْسِھَا وَمَالِھَا بِمَا يَکْرَہُ:

The Prophet (PBUH) was asked (once) what kind of woman is better? He (PBUH) said the woman who if you look at her she would make you happy. If you give an order to her, she will carry it out. And she should not oppose you, taking care of your dislike in her soul and wealth.(46)

On the other hand, if a person gets an abusive woman with immoral and quarrelsome temperament, then his life will get very difficult and his peace of mind will be ruined as if his life has become a living hell. From this point of view, finding a good and virtuous woman is like getting a living paradise.

These hadiths also shed light on the real duties of a woman and her scope of activity? Therefore, in Islam, a woman is the owner of the house and the trustee of her husband’s property, and she has three main duties:

1- She should always try to keep her husband happy and take care of his likes and dislikes.
2- After obeying God, she should obey her husband and should not disobey him.
3- In his absence, she should protect his property and his honor and should not betray him in these matters.

Some of the things of worldly bliss
In a nutshell, the house in which there is a good and virtuous woman is a model of paradise, and the house in which there is an immoral and quarrelsome woman it is a model of hell. For this reason, in some hadiths, the virtuous woman has been regarded as the foremost among the things that are considered as a person’s good fortune.

اربع من السعادة: المرأة الصالحة، والمسکن لواسع، والجار الصالح، والمرکب الھنيء۔ واربع من الشقاوة: الجار السوء، والمرأة السوء، والمسکن الضيق، والمرکب السوء:

Four things are the cause of happiness: a virtuous woman, a spacious house, a good neighbor and a pleasant ride. And there are four things that cause misery: bad neighbors, bad women, cramped house, and bad riding.(47)

Among the things that are considered good luck of Adam’s son are: a good wife, a good house, and a good ride. And among the things that are considered misfortune of the son of Adam are evil wife, bad house and bad riding.(48)

The virtues of virgin girls
Islam is a moderate and balanced religion, all of whose laws are very fair and based on wisdom and expediency. In Islam, woman is neither inferior nor the existence of widows and divorced women is considered ominous. On the contrary, it is emphasized that a widow and an unmarried woman should be remarried as soon as possible, when a suitable partner is found for her.

ثلاثة يا عليٌّ لا تؤخرھن: الصلوة إذا أتت، والجنازة إذا حضرت والأيم اذا وجدت کفوا۔

O Ali, do not delay three things: Prayer, when its time comes. Funeral, when it is present, and unmarried woman (or man) when a suitable relationship is found for him/her.(49)

This is a general rule aimed at creating constructive tendencies in Islamic society and closing social barriers. The second rule in this regard is that virgin girls should be given preference for marriage as far as possible, because the virtues of femininity which are present in virgins are not present in husbandly women. Another great virtue of virgin girls is that they can have more children, which is one of the main objectives and goals of Islam as it is clear from a number of hadiths.

عليکم بالابکار، فانھن اعذب افواھا، وانتق ارحاماً، وارضى باليسير :

The Prophet (PBUH) said: Choose virgins, because they (compared to married women) have sweet tongue, more childbearing, and agree on even the smallest thing (in terms of sexual or domestic comfort).(50)

This hadith has been narrated by some other narrators with a few words more or less. Therefore, the following phrase is added in the narration of Mojam Tabarani (Awsat):

واقل خباً:
And they are less likely to be deceptive.(51)

That is, since they are inexpert and inexperienced, there is no deception in them. Rather, they are innocent and sexually hot as it is described in some other hadiths:

عليکم بابکار النساء، فانھن اعذب افواھا واسخن جلوداً:

You like virgins because they are sweet tongues and warm.(52)

The Prophet (PBUH) said: Marry young girls, because they are sweet talkers, innocent in habits and more childbearing. Do you not know that on the Day of Resurrection I will be proud of the abundance of my people?(53)

عليکم الابکار فانکحوھن، فانھن افتح ارحاما، واعذب افوھاً واغر غرة:

The Prophet (PBUH) said: Marry virgins, because the mouths of their wombs are open, their tongues are sweeter and they are innocent.(54)

At this point, it should be well understood that there is no rule for virgin girls to have more children than married women. But experience has shown that virgin girls are more likely than older women to have a greater ability to accept sperm due to the heat or intensity of sexual desire in the uterus of younger girls. But these causes and factors do not work without the command of God Almighty.(55)
(to be cont.)

References:
37- Al-Mabsoot, Sarakhsi, 5/25-26, Karachi.
38- Al-Mabsoot, 5/26.
39- Al-Targheeb wal-Tarheeb, 3/46, narrated by Al-Tabrani in Al-Awsat. In its chain of narrators one Abdul Salam bin Abdul Qudus is weak.
40- Ibn Majah, 1/597; Sunan Saeed bin Mansoor, 2/125; Al-Sunan al-Kubra, 7/80.
41- Sahih Bukhari, Kitab al-Nikah, 2/123; Sahih Muslim, Al-Riza (Feeding), 2/1086; Abu Dawood, Nikah, 2/539; Nasaie, Nikah, 2/681; Ibn Majah, Nikah, 1/597; Darmi, Nikah, 2/134; Kitab al-Sunan, 2/125; Musnad Ahmad (Al-Fath al-Rabbani), 16/144; Abu Yala and Bazzaz: Majma ‘al-Zawaid, 4/254.
42- Sahih Muslim, Kitab al-Raza, 2/1090; Sunan Nasaie, 6/69; Sahih Ibn Hibban, 7/135; Musnad Ahmad (Al-Fatah) 16/143; Al-Sunan al-Kubra Bayhaqi, 7/80.
43 – Ibn Adi, Kanz al-Ummal, 16/296.
44 – Kitab al-Sunan, Saeed bin Mansoor, 1/124; Tabarani quoted from Majma ‘al-Zawaid, 4/272.
45 – Sunan al-Nasaie, 6/68; Musnad Abu Dawood Tayalsi, quoted from Tafsir Qurtubi, 5/170; Also Tabarani: Majma ‘al-Zawaid, 4/273.
46 – Sunan al-Nasaie, Kitab al-Nikah, 2/681; Al-Sunan al-Kubra, Kitab al-Nikah, 7/82; Mustadrak Hakim, Kitab Al-Nikah, 2/161; Musnad Ahmad, Kanz ul-Ummal, 16/408; Also Ibn Jarir, Ibn Munzir, Ibn Abi Hatim quoted from Tafsir Durr al-Mansur, 2/151.
47- Sahih Ibn Hibban, Kitab al-Nikah, Hadith No. 4021, 7/135.
48- Musnad Ahmad, Musnad Bazaz, Ma’jam Tabarani Kabir and Awsat.
49- Musnad Ahmad Bin Hanbal, 1/105, Beirut.
50- Sunan Ibn Majah, Kitab al-Nikah, 1/598.
51- Tabarani Awsat, quoted from Kanz al-Ummal, 16/294.
52 – Sunan Saeed bin Mansoor, 1/128.
53- Ibid.
54- Musannaf Abdul Razzaq, 6/159.
55- Taken from Mirqat al-Mafatih, by Mullah Ali Qari, 3/407, Bombay.