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

Blessed women
The bliss and sanctity of a woman is not just that she should be pious and possess good character, but it is also necessary for her that she should be the least burdensome, that is, the burden of marriage and dowry should be less on the man who marries her, so that wasteful spending does not get a chance to become customary, because wasteful spending is not pleasing to Almighty Allah. From this point of view, the more frugal the marriage will be, the more good and blissful it will be.

اعظم النساء برکة ايسرھن مؤونة:
“The greatest women in terms of blessings are those who are easier in terms of burden.”(56)

اعظم النکاح برکة ايسرہ مؤنة:
“The greatest marriage in terms of blessings is the one that is easier in terms of expenses.”(57)

خيرھن ايسرھن صداقة.
“The best women are those whose dowry is easy (less).”(58)

اعظم النساء برکة ايسرھن صداقاً:
“Blessed are the women who have a simple dowry.”(59)

It should be borne in mind that it is not only imperfect in the eyes of Islam to spend extravagantly and to waste money recklessly for the sake of one’s own prestige or name and fame but it is also a corrupt social practice. Wealth is also a trust of Allah, the account of which will be taken from man in what matters and how he spent it. Therefore, everyone has to fulfill their responsibilities in this regard.

Women with whom marriage is forbidden
At this point, it seems necessary to give a little explanation of taboos muharramat from the Shariah point of view. Muharramat refers to those women with whom marriage is forbidden forever. According to the Qur’an, the women with whom marriage is haraam are as follows:
1- Mothers, they include both maternal and paternal grandparents
2- Daughters, they include granddaughter
3- Real sisters
4- Maternal and paternal aunts
5- Real nieces and nephews
6- Foster mother and foster sister, as well as foster niece and nephew, etc
7- Mother-in-law
8- The daughters of their intermarried wives who have been brought up as a father
9- Wife of real son
10- Keeping two real sisters in marriage at the same time. It is permissible to marry another after the death of one sister.

This statement of Muharramat has been mentioned in Surah An-Nisa of Qur’an. It is as follows:
حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ وَعَمَّاتُكُمْ وَخَالَاتُكُمْ وَبَنَاتُ الْأَخِ وَبَنَاتُ الْأُخْتِ وَأُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُمْ مِنَ الرَّضَاعَةِ وَأُمَّهَاتُ نِسَائِكُمْ وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُمْ مِنْ نِسَائِكُمُ اللَّاتِي دَخَلْتُمْ بِهِنَّ فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ وَحَلَائِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلَابِكُمْ وَأَنْ تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ إِلَّا مَا قَدْ سَلَفَ، إِنَّ اللَّهَ كَانَ غَفُورًا رَحِيمًا.

“Forbidden to you (for marriage) are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, your brother’s daughters, your sister’s daughters, your foster mothers, your foster sisters, your mother-in-law, your stepdaughters who have been brought under your guardianship if you have consummated marriage with their mothers. but if you have not consummated marriage then there is no sin on you in marrying these foster girls. It is also forbidden for you to marry the wives of your own sons and to marry two sisters together at one time, except what has happened previously (is forgiven). Surely Allah is Forgiving, Most Merciful.” (Qur’an: 4: 23)

According to the hadith of the Prophet (PBUH), it is not permissible to marry a woman and her real maternal or paternal aunt at the same time.

لَا يُجْمَعُ بَيْنَ الْمَرْأَةِ وَعَمَّتِهَا، وَلَابَيْنَ الْمَرْأَةِ وَخَالَتِهَا:
“The Prophet (PBUH) said that a woman and her paternal aunt cannot be combined in a marriage at the same time. In the same way, a woman and her maternal aunt cannot be married at the same time.”(60)

لَاتَنْکَحُ الْمَرْأَةُعَلى عَمَّتِهَا وَلَا عَلى خَالَتِها.
“No woman can be married in the presence of her paternal or maternal aunt.”(61)

One of the general rules in this regard is that it has been forbidden to marry two such women at the same time that if one of them is considered as a man and the other as a woman, then it is not permissible for them to get married. This is because of the fact that it might lead to the relationship between the two of them to be broken. It is mentioned in a hadith in Tabarani:

فَاِنَّکُمْ اِذَا فَعَلْتُم ذلِكَ قَطَعْتُمْ اَرْحَامَکُمْ.
“If you do that, you will cut off your mutual relations.”(63)

It is also forbidden to combine an older woman with a younger wife, or vice versa.

وَلَا تُنْکَحُ الْکُبْرى عَلَى الصُّغري، وَلَا الصُّغْري عَلَى الْکُبْري:
“Older woman should not be married off in the presence of a younger woman. And in the same way, it is not right to marry a younger woman in the presence of an older woman.”(64)

In the same way, in terms of breastfeeding, all those relationships are forbidden which are forbidden by lineage.

اَلرَّضَاعَةُ تُحَرِّمُ مَا تُحَرِّمُ الْوِلَادَةُ:
“Breastfeeding forbids what is forbidden by the birth.”(65)

The Prophet (PBUH) was once asked: Why do you not marry the daughter of your uncle Hamza? He said that she is also my foster niece.

اِنَّها ابْنَةُ اَخَيْ مِنَ الرَّضَاعَةِ.
“She is the daughter of my foster brother.” (66)

He also said as a rule that it is not permissible for anyone to marry a foster niece.(67)

لَاتَحِلُّ بِنْتُ الْاَخِ وَلَا بِنْتُ الاُخْتِ مِنَ الرَّضَاعِ۔
In the above verse of the Holy Qur’an, there is a mention of “Raba’ib” meaning the girls who have grown up on their laps. Its interpretation has been given in a hadith of the Prophet PBUH as follows:

اَيُّمَا رَجُلٍ نَکَحَ اَمَرَأَةً فَدَخَلَ بِهَا فَلَا يَحِلُّ لَهُ نِکَاحُ ابْنَتِهَا۔ وَاِنْ لَمْ يَکُنْ دَخَلَ بِهَا فَلْيَنْکَحْ ابْنَتَهَا۔ وَاَيُّمَا رَجُلٍ نَکَحَ امْرَأَةً فَدَخَلَ بِهَا اَوَ لَمْ يَدَخُلْ بِهَا فَلَا يَحِلُّ لَهُ نِکَاحُ اُمِّهَا۔
“The Prophet (PBUH) said: Whoever consummated marriage with a woman, then her daughter (who is with her other husband) is no longer lawful for him. And if he has not consummate yet (but divorce happened between them for any reason before consummation) then he can marry that girl. And whoever marries a woman, then her mother is forbidden for him (forever), whether he has consummate or not.”(68)

The reason for this is that once a woman becomes a mother-in-law, marriage with her is forbidden forever according to the Qur’an. This is a general rule.

اِذَا نَکَحَ الرَّجُلُ المْرأةَ ثُمَّ طَلَّقَهَا قَبْلَ اَنْ يَدْخُلَ بِهَا فَاِنَّهُ يَتَزوَّجُ ابْنَتَهَا، وَلَيْسَ لَهُ اَنْ يَّتَزَوَّجَ اُمَّهَا:
“When a man marries a woman and then (for some reason) divorces her before consummation, he can marry her daughter. But he cannot marry her mother.”(69)

It should be noted that these hadiths are general in nature; it includes all kinds of girls who have been and who have not been brought up in the lap.

Marriage with non-Muslim Women
As far as marriage with non-Muslim women is concerned, there is little detail in it. According to the following divine command, it is not permissible for a Muslim man or woman to marry an infidel polytheist man or woman under any circumstances, unless they accept Islam.

وَلاَ تَنْکِحُو المُشْرِکَاتِ حَتّى يُؤمِنَّ وَلَاَمَةٌ مُوْمِنَةٌ خَيْرٌ مِّنْ مُشْرِکَةٍ وَلَوْاَعْجَبَتْکُمْ، وَلَا تُنْکِحُوا المُشْرِکِيْنَ حَتّى يُؤمِنُوا وَلَعبدٌ مُؤْمِنٌ خَيْرٌ مِنْ مشرکٍ وَلو اعجبکم۔
“Do not marry polytheistic women until they believe (accepts Islam), for a believing Muslim slave girl is better than a polytheistic free woman even if she pleases you. And likewise do not give in marriage (your girls) to polytheistic men unless they believe (accept Islam). Indeed, a believing slave-man is better than a free polytheistic even though he may please you.” (Qur’an: 2:221)

Of course, it is permissible for Muslim men to marry women of the People of the Book (Jews and Christians). But no Muslim woman can marry a man of the People of the Book. But one of the conditions in this regard is that such “women of book” should be chaste, not immoral or prostitute. The second condition is that such women should be married off in public after paying the ‘mahr’ (dowry), and no secret relationship should be established.

وَالْمُحْصَنتُ مِنَ المُؤْمِنتِ وَالْمُحْصَنتُ مِنَ الَّذِيْنَ اُوْتُوْا الْکِتَابَ مِنْ قَبْلِکُمْ اِذَا آتَيْتُمُوْهُنَّ أُجُوْرَهُنَّ مُحْصِنِيْنَ غَيْرَ مُسفِحِيِنْ وَلاَمُتَّخِذِيْ أَخْدَانٍ۔
“And permissible for you in marriage are chaste believing women as well as the chaste women of the People of the Book before you, as long as you pay them their dowries in wedlock. And with that, your intention is to get married neither to commit fornication nor to take them as mistresses.” (Qur’an: 5:5)

The word muhsanaat is a plural of muhsanat, which has two meanings: (1) chaste woman (2) free woman (as opposed to slave woman). As a result of this difference, some jurisprudential differences have also arisen.(71) And it is also supported by hadiths. But as far as marriage with “women of book” is concerned, its permissibility is proved by this verse.(72) And it is also supported by hadiths and narrations.

نتزوجُ نساء اهل الکتاب ولا يتزوجون نساءنا۔
“The Prophet (PBUH) said: We can marry the women of the People of the Book. But they cannot marry our women.”(73)

عن عمر قال: المسلم يتزو ج النصرانية، ولا يتزو ج النصرانيُّ المسلمة۔
“Umar (RA) said: A Muslim can marry a Christian woman but no Christian can marry a Muslim woman.”(74)

It is mentioned in hadith that Osman (RA) had married Naila who was a Christian woman. Similarly, Talha bin Ubaidullah (RA) had married a Jewish woman.(75)

But Umar (RA) strongly disliked the marriage of companions with the women of the Book, because not only was there a fear of falling into various kinds of tribulations, but there was also a fear that this action of the Companions would become a role model for the people. For this reason he forbade the Companions to do so.

عن قتادة انَّ حذيفة نکح يهودية فقال عمرُ: طلقها فانها جمرة ٌ۔ قال أحرامٌ هى؟ قال لا، ولکنى اخاف ان تطيعوا المومسات منهن.
“It is narrated by Qatadah (RA) that Huzaifah (RA) married a Jewish woman. So Umar (RA) said, “Divorce her, for she is a burning ember.” Huzaifah (RA) asked, “Is she forbidden?” He said, “no, but I am afraid that you will start obeying their wicked women.”(76)

Further details of this has been narrated in another hadith that Umar (RA) wrote a letter to Huzaifa bin Yaman (RA) who was in Kufa and who had married a woman of the Book asking him to abandon her, i.e., divorce her because you do not live in the land of the Magians. Because of this, I am afraid that the uninformed people will start saying that one of the companions of the Holy Prophet (PBUH) has married a disbeliever woman. And on this basis, they will start marrying Magian women, considering the rukhsat granted by Allah to be completely lawful. Upon this, Huzaifa (RA) divorced that woman.(77)

It was the instinct and foresight of Omar (RA) that he used to make the right decisions keeping in view the consequences of everything.

At this point, a rational question arises as to why a Muslim man is allowed to marry a woman of the Book, but on the contrary, why a non-Muslim is not allowed to marry a Muslim woman? So listen to its answer given by Ibn Abbas (RA). Explaining the reason for this, he says:

اِنَّ اللّہَ عزَّ وجل بعث محمداً صلى اللہ عليه وسلم بالحق ليظهرہ على الدين کله۔ فديننا خيرالاديان، وملتنا فوق الملل، ورجالنا فوق نسائهم، ولا يکو ن رجالهم فوق نسائنا:
“Allah sent Prophet Mohammed (PBUH) with the religion of truth so that he might make it prevail over all religions. Therefore, our religion is the best religion. People of our religion are superior to other religions. Our men are superior to women of other religions. But men of other religions do not have superiority over our women.”(78)

The implication is that although it is permissible for a Muslim to marry a woman of the Book (Christian or Jewish), it must be subject to necessity, as there is a high probability of falling into tribulations. Therefore, caution is required in this regard as far as possible.(79)

Imam Sarkhasi (RA) has also expressed disgust and undesirability in this regard by quoting a saying of Ali (RA). Although it is actually permissible.(80)

According to Shah Waliullah Dehalvi (RA), according to the scholars, it is not permissible to marry a polytheist or a Magian woman. Of course, it is permissible to marry a woman of the Book.(81) Imam Ibn Taimiah (RA) has written that this is the opinion of majority of scholars of the past and present and also opinion of four major imams.(82)

References:
56- Musnad Ahmed, 6/ 145; Musnad Bazaz: Majma al-Zawaid, 4/255; Hakim and Baihaqi, Kanzul Ummal 16/291.
57- Hilwatul Awliya, 6/257, with reference to Mawsuatu Ataraful Hadees, 2/25, Beirut.
58- Tabarani, Kanz-ul-Ummal, 16/293.
59- Mustadrak Hakim, 2/178, Dar Al-Ma’rifah, Beirut.
60- Bukhari, Kitab al-Nikah, 6/128; Muslim, Nikah, 2/1058; Ibn Majah, 1/621.
61- Nisa’i and Ibn Majah, narrated from Kanz al-Ummal, 16/326.
62- Hidayah with Fateh-ul-Qadir, 3/125, Quetta, Pakistan.
63- With reference to Fateh Al-Qadir, 3/125.
64- Abu Dawood, 2/ 554; Darimi, 2/136; Musnad Ahmed 2/426.
65- Sahih Bukhari, Kitab al-Nikah, 6/125; Muslim, Kitabur Riza, 2/1068; Sunan al-Nasie, 6/99.
66- Bukhari, 6/125; Nasaie 6/99;
67- Tabarani, from Kanzul Ummal, 16/327.
68- Jami al-Tirmidhi, Kitab al-Nikah, 3/425.
69- Al-Sunan al-Kubra, Baihaqi, 7/160.
70- Zad al-Masir fi Ilm al-Tafsir (Tafsir Ibn Jawzi), 2/296, Damascus, 1384 AH.
71- For details, see Tafsir Ibn Jarir Tabari, 6/66-69, Beirut.
72- See Tafsir Ibn Jawzi, 2/296.
73- Ibn Jarir, taken from Tafsir Dur al-Mansur, Suyuti, 2/126, Beirut.
74- Al-Sunan al-Kubra, 7/172; Also Tafsir Dur al-Mansur, 2/261; Kanzul Ummal, 16/547.
75- Tafsir Ibn Jawzi, 2/296.
76- Munsif Abdul Razzaq, Al-Sunan Al-Kubra, taken from Kanzul Ummal, 16/547-548.
77- Musannaf Abdul Razzaq, Kinzul Ummal 16/548.
78- Al-Sunan al-Kubra, Bayhaqi: 7/172.
79- Summary of Hidayah with Fateh-ul-Qadir, 4/135.
80- Al Mabsoot, 5/50.
81- See Al-Musawwa Sharh al-Mawtta, 2/107, Dar al-Kutub Al-Ilmiya, Beirut.
82- Fatawa Ibn Taymiyyah, 32/178, Riyadh.