33. Surah Al-Ahzaab

67 The discourse from here to verse 48 was sent down after the Holy Prophet had married Hadrat Zainab, and the hypocrites, the Jews and the mushriks had started a relentless propaganda campaign against him. While studying these verses one should bear in mind the fact that this Divine discourse was not meant for the instruction of the enemies who were engaged. in a wilful campaign of vilification and slander and falsehood to defame the Holy Prophet intentionally and to satisfy their rancour. But its real object was to protect the Muslims against the influence of their campaign and to safeguard them against doubts and suspicions. Evidently, the Word of Allah could not satisfy the unbelievers. It could give peace of mind only to those who knew and believed it to be Allah's Word. There was a danger that those righteous people also might be confused and influenced by the objections that were being raised by their enemies. Therefore, on the one hand, Allah removed all possible doubts from their minds, and on the other, taught the Muslims as well as the Holy Prophet himself how they should conduct themselves under the circrunstances. 68 It refers to Hadrat Zaid as has been mentioned clearly below. In order to understand how Allah had favoured him and how the Holy Prophet, it is necessary here to relate his story briefly. He was the son of Harithah bin Shurahbil, a person of the Kalb tribe, and his mother, Su'da bint Tha'labah, was from the Bani Ma'n, a branch of the Tay tribe. When he was eight years old, she took him along to her parents. There the people of Bani Qain bin Jasr raided their camp, plundered their good: and took some men prisoners, Hadrat Zaid included. Then they sold Zaid at the fair of 'Ukiiz near Ta'if. His buyer was Hakim bin Hizam, a nephew of Hadrat Khadijah. Hakim brought him to Makkah and presented him to his paternal aunt. When the Holy Prophet married Hadrat Khadijah he found Zaid in her service and was so impressed by his good manners and conduct that he asked him of her. Thus, this fortunate boy entered the service of the best of men, whom Allah, after a few years, was going to appoint a Prophet. Hadrat Zaid at that time was 15 years old. Afterwards when his father and uncle came to know that their child was at Makkah, they came to the Holy Prophet and requested him to return him in exchange for ransom. The Holy Prophet said, "I shall call the boy and leave it to him whether he would like to go with you or stay with me. If he chose to go, I would take no ransom but would Iet Trim go with you. However, if he chose to stay back, I am not the one who would turn out a person who would like to stay with me." They said, "This is perfectly right and just. Please ask the boy." The Holy Prophet called Zaid and asked him, Do you know these two gentlemen?" He said, "Yes sir, this is my father and this my uncle." The Holy Prophet then said, "Well, you know them as well as me. You have the choice to go with them, or stay with me if you so desire. " He said, "I have no wish to leave you and go with anyone else. " His father and uncle said, I 'Zaid, will you prefer slavery to freedom, and choose to stay with others in preference to your parents and family?" He replied, "After what I have seen of this person I cannot now prefer anything else of the world to him." Hearing the reply the father and uncle of Zaid were reconciled to his remaining with the Holy I Prophet. The Holy Prophet set Zaid fret immediately and proclaimed before a gathering of the Quraish in the Ka'bah, "Bear witness that hence-forth Zaid is my son: he will receive inheritance from me and I from him." Thereafter, he began to be called Zaid bin Muhammad by the people. All this happened before the Holy Prophet's advent as a Prophet. Then, when he was blessed with Prophethood by Allah, there were four persons who accepted his claim to it without a moment's hesitation as soon as they heard of it from him. They were Hadrat Khadijah, Hadrat Zaid, Hadrat 'AIi and Hadrat Abu Bakr. Hadrat Zaid was 30 years old then, and had already spent 15 years in the Holy Prophet's service. In the fourth year after Hijrah, the Holy Prophet marred him to his first cousin Hadrat Zainab, paid her dower on his behalf and provided them with necessary articles for setting up the house. This is to what Allah has alluded in the verse, saying: "Whom Allah as well as you had favoured. " 69 These words were said when the relations between Hadrat Zaid and Hadrat Zainab had become very strained, and after making repeated complaints Hadrat Zaid had finally told the Holy Prophet that he intended to divorce her. Although Hadrat Zainab had accepted to be married to him in obedience to Allah and His Messenger's command, she could not overcome her feeling that Zaid was a freed slave, who had been brought up by her own family, and she in spite of being the daughter of a noble Arab family, had been wedded to him. Due to this feeling she could never regard Hadrat Zaid as her equal in matrimonial lift, and this caused more and more bitterness between them. Thus after a little more than a year the marriage ended in divorce. 70 Some people have misconstrued this sentence to mean this: The Holy Prophet desired to marry Hadrat Zainab and wanted that Zaid should divorce her. But when Zaid came to the Holy Prophet and said that he wanted to divorce his wife, the Holy Prophet stopped him from this only half-heartedly. At this Allaln said: 'You were keeping hidden in your heart that which Allah intended to reveal. The real meaning, however, is contrary to this. If this the sentence is read with verses 1, 2, 3 and 7 of this Surah, one can clearly see that in the very days when bitterness was increasing between Hadrat Zaid and his wife, Allah had hinted to His Prophet that when Zaid had divorced his wife, he would Inave to marry the divorced lady. But since the Holy Prophet knew what it meant to marry the divorced wife of the adopted son in the contemporary Arab society, and that too at a time when apart from a handful of the Muslims the entire country had become jealous of him, he was hesitant to take any step in that direction. That is why when Hadrat Zaid expressed his intention to divorce his wife, the Holy Prophet said to him, `Fear Allah and do not divorce your wife." What he meant by this was that Zaid should not divorce his wife so that he was saved from facing the trial, otherwise in case the divorce was pronounced he would have to comply with the command, and thus provoke a severe storm of criticism and vilification against himself. But when the Holy Prophet deliberately forbade Zaid to divorce his wife so that he himself might be saved from what he feared would cause him defamatian, Allah found this below the high position that He wanted His Prophet to enjoy, whereas Allah intended to effect a great reform through this marriage of the Prophet. The words 'You were fearing the people, whereas Allah has a greater right that you should fear Him," clearly point to the same theme. The same explanation of this verse has been given by Imam Zain-ul-'Abedin Hadrat 'AIi bin Husain (may Allah be pleased with him). He says, Allah had indicated to His Prophet that Zainab would be included among his wives. But when Zaid complained about her to him, the Holy Prophet admonished him to fear Allah and keep his wife. At this Allah said to His Prophet, 'I had informed you that I would marry you to Zainab. But when you were forbidding Zaid to divorce his wife, you were hiding that which Allah was going to reveal'." (Ibn Jarir, Ibn Kathir on the authority of Ibn Abi Hatim). 'Allama Alusi also in his Ruh al-Ma ani has given the same meaning of it. He says, 'This is an expression of displeasure on abandoning the better course, which was that the Holy Prophet should have kept quiet, or should have told Zaid to do as he liked. The displeasure amounted to this: 'Why did you tell Zaid to keep his wife, whereas I had informed you beforehand that Zainab would be included among your wives?" 71 That is, Zaid divorced his wife and her waiting-period came to an end. The words "fulfilled his desire of her" by themselves give the meaning that Zaid was left with no desire attached to her. And this state of affairs does not appear on mere pronouncement of the divorce, because even during the waitingperiod the husband can take his wife back if he has any interest in her; and the husband also has this desire left with the divorced wife that it should become known whether she is pregnant or not. Therefore, the desire of her former husband with the divorced wife comes to an end only on the expiry of the waitingperiod. 72 These words are explicit that the Holy Prophet had married Hadrat Zainab not because of any personal desire but under the Command of Allah. 73 These words clearly indicate that Allah accomplished this social reform through the Holy Prophet to effect a great change which could not be enforced" by any other means. There was no way to put an end to the wrong customs that had become prevalent in Arabia in respect of the adopted relations but that Allah's Messenger himself should take initiative to abolish them. Therefore, AIlah arranged this marriage not for the sake of adding a wife to the Holy Prophet's household but for enforcing an important social change.

74 These words show that for the other Muslims such a marriage is just permissible but for the Holy Prophet it was a duty which Allah had imposed on him. 75 That is, "For the Prophets it has always been a law that whatever Command they receive from Allah, they have to act on it as a duty which they cannot in any case avoid. When Allah enjoins something on His Prophet, he has to accomplish it even if the whole world is deadly opposed to it."

76 The words in the Text havc two meanings: (1) That Allah is enough to counter every fear and danger; and (2) that Allah is enough to take account: none else but Allah should be feared for accountability.

77 This one sentence arts at the root of aII those objections which the opponents were raising in connection with this marriage of the Holy Prophet. Their first objection was that he had married his own daughter-in-law, whereas according to his own law the son's wife is forbidden for the father. This was answered by saying: "Muhammad is not the father of any of your men." That is, Zaid was not his real son, and so it was not unlawful to marry his divorced wife. Their second objection was that even if his adopted son was not his real son, it was not necessary that he should have marred his divorced wife. This was answered by saying: '' . . . but he is the Messenger of AIlah." That is, it was his duty as the Messenger of Allah to put an end to all kinds of prejudices about a lawful thing which custom and tradition had made unlawful without good reason and declare it to be lawful once again. The point was stressed by saying: " ... and (he is) the last of the Prophets." That is, not to speak of a Messenger, no other Prophet would be raised after him, who could make up for a possible deficiency in the enforcement of a reform in the law and society that might have been left un-enforced in his time. Therefore, it had become all the more necessary that he should himself root out the custom of ignorance. Again, to further emphasize this point, it was said: "Allah has knowledge of everything. " that is, Allah knows best why it was imperative to get the custom of ignorance rooted out at that juncture through the Holy Prophet Muhammad (upon whom be Allah's peace) rather than let it remain as it was. He knows that no other prophet would be coming after him in the future; therefore, if He did not abolish this custom through His Last Prophet, no other person after him would be able to abolish it for alI the Muslims of the world for ever. Even if the later refomers would abolish it, no action of any one of them will havc the permanent and universal authority behind it so that the people of every country and every age might -start following it, and none of them would have a personality endowed with that holiness and sanctity that an action's being merely his way (Sunnah) might root out every feeling of aversion and abhorrence from the mind of the people. It is a pity that a section of the people in our age have given wrong interpretations of this verse and opened the way to a great mischief. We have therefore added a comprehensive appendix at the end of the commentary of this Surah for the explanation of the question of the Finality of Prophethood and the eradication of the misunderstanding spread by these people.

78 This is meant to instruct the Muslims to the effect: When the Messenger of Allah is being showered with taunts and abuses by the enemies and his person being made the target of a propaganda campaign to frustrate his mission, the believers should neither listen to these absurd things unconcerned nor should become themselves also involved in the doubts and suspicions spread by the enemies nor should resort to abusive language in retaliation, but they should turn to Allah and remember Him more than usual as a special measure, The meaning of "remembering AIlah much" has been explained in E.N. 63 above. 'To glorify Allah morning and evening" means to glorify Him constantly, to express His holiness and purity by word of mouth and not merely by counting beads on the rosary.

79 This is meant to make the Muslims realize this: 'The jealousy and malice of the disbelievers and hypocrites towards you is only due to the mercy that Allah has shown you through His Messenger. It is through him that you have been blessed with the faith, that you have come out from the darkness of unbelief and ignorance into the light of Islam, that you have developed the high moral and social qualities by virtue of which you stand distinguished above others. It is this which has filled the jealous people with malice and rage against the Messenger of Allah. However, in this state you should not adopt any unbecoming attitude which might alienate you from the mercy of Allah." The word Salat when used with the preposition 'ala by Allah in respect of the servants, it means mercy and kindness and compassion and when used by the angels in respect of the human beings, it means the prayer for mercy. That is, the angels pray to Allah to bless the human beings with His bounty and favours. Another meaning of yusalli 'alaikum is: "Allah biasses you with renown among the people and exalts you to a high rank so that the people begin to praise you and the angels begin to eulogize you."

80 This can have three meanings: (1) That Allah will Himself receive them with: Peace be upon you," as has been stated in Surah Ya Sin :58: "...they have been greeted with 'peace' from the Merciful Lord." (2) That the angels will greet them, as stated in Surah An-Nahl: 32: "This is the reward for those pious people whose souls are received in a pure state, by the angels, who welcome them, saying: 'Peace be upon you: enter into Paradise as the reward of your good deeds." (3) That they will greet one another among themselves, as stated in Surah Yunus:10 thus: `Therein their prayer will be `Glory to Thee, O Lord,' and their greeting: 'Peace be to you,' and the burden of their hymn: `Praise is for AIlah alone, Lord of the universe."

81 After admonishing the Muslims, Allah now addresses a few words of consolation to His Prophet, as if to say: `We have blessed you with such and such a high rank and raised you to an exalted place of honour. Your opponents will not be able to harm you in any way by their propaganda campaign of slander and calumny. Therefore, you should not take their mischief to heart, nor give any weight to their propaganda. You should continue doing the duties of your mission, and Iet them utter whatever nonsense they like. " Along with this, incidentally, the other people, both the believers and the unbelievers, also have been told that the person they have to deal with is not an ordinary man but a great personality, whom Allah has raised to the highest ranks of honour and glory. 82 The meaning of the Prophet's being a "witness" is very vast. It includes three kinds of evidence: (1) Verbal evidence, i.e. the Prophet should bear out the truth of the realities and principles on which Allah's Religion is based and tell the world plainly that they are the truth and all that is opposed to them is falsehood. He should rise to proclaim without hesitation and fear the Being of Allah and His Unity, the existence of the angels, the corning down of Revelation, the occurrence of life-after-death, the Hell and Heaven, all arc realities, even if they appear strange to the world, and the people mock the one presenting them, or call him a madman. Likewise, the Prophet should openly present before the people the concepts, values, principles and rules pertaining to morality and civilization and social life that God has revealed to him, and reject as wrong all the concepts and ways which are prevalent and are opposed to them, even if the whole world rejects them as wrong and violates them in practice. Similarly, the Prophet should proclaim as lawful what is lawful in Allah's Law even if the whole world regards it as unlawful, and should proclaim as unlawful whatever is unlawful in Allah's Law even if the world regards it as lawful and pure. (2) Practical evidence: That is, the Prophet in his own life should practically demonstrate all that he has been commissioned to present before the world. His life should be free from every shade of that which he calls evil, and his own character should clearly reflect that which he calls good; he should be the foremost in carrying out what he regards as obligatory, and most cautious in refraining from what he calls sinful. He should exert his utmost to enforce the code of life which he calls Divine. His own character and conduct should bear out how sincere and truthful he is in his invitation; and his own self should be such a model of his teaching that anyone who sees him should know what kind of a man he wants to produce by the Faith to which he invites the world, what kind of a character he wants to instil in him and what system of life he wants to be established through him in the world. (3) Evidence in the Hereafter That is, when the Court of Allah is established in the Hereafter, the Prophet should give evidence to prove that he had conveyed to the people the whole message, without making any alteration or change in it, that had been entrusted to him, and that he had shown no slackness in making the truth manifest before them, by word and by deed. On the basis of this evidence it will be determined what reward the believers deserve and what punishment the disbelievers deserve From this one can havc an idea of how great a responsibility had Allah placed upon the Holy Prophet by raising him to the position of a "witness", and how great should be the personality worthy of that high position. Evidently, there has been no slackness whatever on the part of the Holy Prophet in the matter of giving evidence with regard to the Faith, verbally as well as practically. That is why in the Hereafter he will be able to testify that he had made the Truth plain to the people, and that is how Allah's argument will be established against them; otherwise, if, God forbid, there had been any slackness on the pan of the Prophet in providing evidence, he could neither be a witness against them in the Hereafter nor could any case be established against the deniers of the truth. Some people havc tried to give a different interpretation to the word witness". They say that the Holy Prophet in the Hereafter will bear witness to the acts and deeds of the people. From this they conclude that the Holy Prophet is watching and witnessing the acts of all the people; otherwise he could not bear the witness. But according to the Qur'an this interpretation is absolutely wrong. The Qur'an tells us that Allah has arranged a different system for recording the acts of the people. For this purpose His angels are preparing the conduct-book of every person. (See in this connection Surah Qaf: 17-18, and Al-Kahf: 49). After this He will make the people's own limbs also to bear witness against them. (Ya Sin: 65, Ha Mim As-Sajdah: 20-21). As for the Prophets, they are not to testify to the acts of the people, but to give evidence to prove that they had conveyed the Truth to the people. The Qur'an clearly says: "On the Day when Allah will assemble aII the Messengers, He will ask: 'What was the response you received?' They will answer, `We have no knowledge: You alone havc the full knowledge of all that is hidden'." (AI-Ma`idah: 109) In the same connection, the Quran says about the Prophet Jesus that when he will be questioned about the deviation of the Christians, he will say: "I was a witness to their conduct as long as I remained among them, but after You recalled me. You watched over them." (AI-Ma'idah: 117) These verses clearly show that the Prophets will not be witnesses in regard to the acts of the people. As to what they will bear witness to the Qur'an gives an equally clear answer: "O Muslims, We have made you a community of the 'Golden Mean' so that you may be witnesses in regard to mankind and the Messenger may be a witness in regard to you." (AI-Baqarah: 143) "(O Muhammad, warn them of) the Day when We shall call a witness from among every community to testify against it. And We shall call you to testify against these people." (An-Nahl: 89) This shows that on the Day of Resurrection the Holy Prophet's evident in its nature will not be any different from the evidence for bearing which the Holy Prophet's community and the witnesses in regard to every other community will be summoned. Evidently, if it be an evidence in regard to the acts, then the omnipresence of all of them also becomes necessary. And if these witnesses will be called to give evidence to confirm that the Creator's message had reached His creation, inevitably the Holy Prophet also will be called upon to give a similar evidence. The same is supported by the Hadith which Bukhari. Muslim, Tirmidhi. Ibn Majah, lmam Ahmad and others have related on the authority of 'Abdullah bin 'Mas'ud, 'Abdullah bin 'Abbas, Abu ad-Darda', Anas bin Malik and many other Companions (may Allah be pleased with them all), whose common theme is this: 'The Holy Prophet on the Day of Resurrection will sec some of his Companions bing brought, but instead of caning to him they will either be going or being pushed to the other side. Thereupon the Holy Prophet will say: 'O Allah, they are my Companions!' Allah will say: 'You do not know what misdeeds they committed after you'." This theme has been reported by numerous Companions and with so many chains of authorities that there remains no doubt about its authenticity. This proves that the Holy Prophet is not at aII a witness to each individual of his community acid to each of his acts. As for the hadith which says that the acts of the people of his Ummah are presented before him, it does not in any way contradict this, because its purport is that Allah keeps him informed of the affairs of his Ummah, which does not mean that the Holy Prophet is actually witnessing the acts of every person. 83 One should note that a person's giving the good news of a good end for belief and righteous acts and the warning of an evil end for disbelief and evil acts, in his personal capacity, is a different thing, and another's being appointed by Allah as a bearer of the good news and a warner is quite another thing. The one who is appointed to this office by Allah necessarily possesses an authority to give the good news and administer the warnings due to which his good news and his warnings are invested with legality. His giving a good news for an act has the meaning that the Greatest of alI Judges, Who has sent him, approves of the act and holds it worthy of a reward; so, it is certainly imperative or obligatory or commendable in nature, and its doer will surely get a reward. On the other hand, his giving a warning of an evil end for an act has the meaning that the Sovereign forbids that act; so, it is certainly sinful and unlawful, and its doer will surely be punished. The good news and warnings of the one who is not divinely appointed cannot ever be invested with such an authority.

84 Here also the same difference as pointed out above exists between the preaching of a common man and of a Prophet. As for the invitation to Allah, it is given, and can be given, by every preacher, but he is not appointed by Allah to do so. Contrary to this, a Prophet rises to call the people towards AIlah by the leave of Allah. His call is not mere preaching but has also the support of the authority of the Lord of the Universe, Who sent him. That is why resistance and opposition to the inviter to Allah amounts to rebellion against Allah Himself precisely as resistance to a government official when he is performing official duty is regarded as hostile to the government itself.

85 This sentence is explicit that the word nikah here has been used for the contract of marriage only. The lexicographers have greatly disputed over the real meaning of the Arabic word nikah. One section of them says that as a word it is common both for intercourse and for the contract of marriage. The second section says that in its meaning it is common for both. The third section opines that its real meaning is the contract of marriage and for intercourse it is used only figuratively. And the fourth section expresses the opinion that its real meaning is intercourse and for the contract of marriage it is used only figuratively. Each section has cited Arabic poetry in support of its view. But Raghib Isfahani has emphatically asserted this: "The real meaning of the word nikah is contract of marriage; it has been used for intercourse metaphorically. It is impossible that its real meaning be intercourse and may have been used for the contract of marriage only metaphorically." The argument he gives is that alI the words that have been actually coined for intercourse in Arabic, or in other languages of the world, arc obscene and vulgar. No gentleman would like to utter them in a civilized gathering. Therefore, it is not possible that a society should use the word which has actually been coined for this act for marriage as a metaphor. For conveying this meaning only chaste words have been used in every language of the world and not obscene words. As far as the Qur'an and Sunnah arc concerned, nikah is a term, which either implies only contract of marriage, or intercourse after the contract of marriage; but it has nowhere been used for intercourse outside marriage. This kind of intercourse has been called zina (adultery) by the Qur'an and Sunnah and not nikah. 86 This is a unique verse which was sent down probably in the same period respecting some case of divorce, and so inserted in this context. This shows that it was sent down after the preceding and before the following discourse. Below is given a summary of the legal injunctions that have been derived from this verse:' (1) Although the word "believing women" has been used, which apparently may give the impression that the law enunciated in this verse is not applicable to the women of the people of the Book, yet all scholars are agreed that this very injunction is applicable to them also. That is, in case a Muslim has married such a woman, all the injunctions relating to her divorce, dower, waiting-period ('iddat) and provision at divorce are the same as of marriage with 'a believing woman. The scholars arc also agreed that Allah's mentioning the believing women here in particular is actually meant to tell the Muslims that only the believing women are suitable for them. That is, although it is permissible for them to marry Jewish and Christian women, it is not proper and commendable. In other words, the Qur'an seems to impress that Allah expects that the believers would marry only the believing women. (2) The word mas (to touch) here has been used for intercourse by implication. Thus, the verse apparently implies that if the husband has not had intercourse with the woman, even though he has had seclusion with her and has even touched her with the hand, she will riot have to observe the waiting-term (iddat) in case of divorce. But the jurists, for the sake of precaution, have decreed that if they have had seclusion proper (i.e. seclusion during which intercourse could be possible), waiting-period will have to be observed if divorce is pronounced after it, and the waiting-period would be annulled only in case divorce was pronounced before they have had the seclusion. (3) The annulment of the waiting-period in case of divorce before the event of seclusion means that in this case the man forfeits his right to take the woman back as his wife, and the woman becomes entitled to marry anyone she likes immediately after the divorce. But it should be borne in mind that this applies only to the divorce which is pronounced' before the event of the seclusion. If a woman's husband dies before having had seclusion, the waiting-period that has to be observed after death will not be annulled, but she will have to pass the same waiting-period of four months and ten days as is obligatory for a married woman in normal conditions. ('Iddat is the waiting-period before the expiry of which a divorced woman or a widow is forbidden to remarry). (4) The words "they do not have to fulfil a waiting-period for you", show that the waiting-period is a right of the tnan on the woman. But it dces not mean that this is only the man's right. It, in fact, includes two other rights as well: the right of the children, and the right of AIlah or of the Law. The man's right is on the ground that he has the right to take the woman back as his wife during the period, and also on the ground that the proof of the parentage of his children, which depends on the woman's being pregnant or otherwise, becomes established in the waiting-period. The reason for including the right of the children is that the proof of a child's parentage is necessary for the establishment of his legal rights and his moral status also depends on this that his parentage should not be doubtful. The reason for including the right of Allah (or the right of the Law) is that even if the people and their children become heedless of their rights, the Divine Law requires that their rights should be protected. That is why even if a man gives a warrant to a woman that after his death or after obtaining divorce from him, there will be no waiting-period binding on her from him, the Divine Law will in no case annul it. (5) "Provide them with something and send them away with kindness"; The intention of this injunction would be fulfilled by acting in either of the two ways: If the dower had been fixed at the time of marriage, and then divorce pronounced before the event of seclusion proper, payment of half of the dower will be obligatory, as enjoined in AI-Baqarah: 237. To give more than what is obligatory is not binding but certainly commendable. For instance, it is commendable that besides paying half of the dower the man should Iet the woman retain the bridal garments, or any other articles that he had sent her for the occasion of marriage. But if no dower had been fixed at the time of marriage, it is obligatory to pay her something before scnding her away, and this "something" should be according to the status and financial means of the man, as has been enjoined in AlBaqarah: 236. One section of the scholars hold that something in any case has to be paid in case of divorce as an obligation whether dower has been fixed or not. (6) "scnding off gracefullly" does not only mean that the woman should be provided with something on divorce but this also that separation should be adopted in a gentlemanly way, without any kind of vilification. If a man does not happen to like a woman, or there has been some other cause of complaint due to which he dces not want to keep the woman, he should divorcc her like a gentleman and send her away. He should not start mentioning her faults and relating his complaints against her before the people so as to also prejudice them against her. This instruction of the Qur'an clearly shows that annexing the enforcement of divorce to the permission of a local council or court is wholly against the wisdom and spirit of the Divine Law, for in that case there remains no chance of `sending her away gracefully", but defamation, revilement and vilification do inevitably result even if the man dces not so will. Moreover, the words of the verse also do not admit that the power of the man to divorce should be bound up with the permission of a local council or court. The verse is clearly giving the married man the power of divorce and placing on him alone the responsibility that if he wants to release the woman before touching her he must pay her half the dower as an obligation, or something else according to his means. From this the object of the verse clearly seems to be that in order to prevent divorce from being taken lightly the man should be placed under the burden of a financial responsibility so that he himself uses his power of divorce with sense, and there is no chance of an external interference in the internal affairs of the two families. (7) Ibn 'Abbas, Said bin al-Musayyib, Hasan Basri, 'AIi bin al-Husain (Zain al-'Abidin), Imam Shafe'i and Imam Ahmad bin Hanbal have deduced from the words, 'when you marry...and then divorce ..." that divorce takes effect only when marriage has been contracted. Divorce before the contract of marriage ' is without effect. Therefore if a person says, "If I marry such and such a woman, or a woman of such and such a tribe or nation, or any other woman, she is divorced," it will be an absurd and meaningless thing; no divorce can take effect from this. The following Ahadith are presented in support of this view: "The son of Adam is not entitled to use his power of divorcc in respect of that which he dces not possess." (Ahmad, Abu Da'ud, Tirmidhi, Ibn Majah). And: "There is no divorcc before marriage." (Ibn Majah). But a great number of the jurists hold that this verse and these Ahadith apply in the case when a man says to a woman, who is not his wife, "You have divorce on you," or "I divorce you." Saying such a thing is no doubt absurd, and is of no legal consequence, but if he says, "If I marry you, you are divorced," this is not divorcing before the marriage, but the person is in fact declaring his intent that when the woman is married to him, she will stand divorced. Such a declaration cannot be absurd and without effect, but, as a matter of fact, whenever the woman is married to him, divorce will fall on her. The jurists who hold the view have further differed as to rite extent this kind of divorce will have effect. Imam Abu Hanifah, Imam Muhammad and Imam Zufar hold that divorce will take place in any case whether a person specifics a woman or a tribe or a nation, or talks generally so as to say. 'Any woman whom I marry is divorced." Abu Bakr al-Jassas has cited the same opinion also from Hadrat 'Umar, 'Abdullah bin Mas'ud, Ibrahim Nakha'i, Mujahid and 'Umar bin 'Abdul 'Aziz (may Allah show mercy to them aII). Sufyan Thauri and 'Uthman al-Batti say that divorce will take place only in case the person says, "If I marry such and such a woman, she is divorced." Hasan bin Salih, Laith bin Sa'd and 'Amir ash-Sha'bi, say that such a divorce will take place even if something is said in general terms provided that a particular class of the people has been mentioned; for instance, if the person has said. "If I marry a woman of such and such a family, or such and such a tribe, or such and such city or country or nation, she is divorced." Ibn Abi Laila and Imam Malik, disputing the above opinion, have added a condition that the time limit also should be determined. For example, if the man Said. " If I marry within this year or the ncxt ten years such and such a woman or a woman from such and such a class, she is divorced," divorce will take place, otherwise not. Imam Malik also adds that if the time limit is so long that the man is not expected to outlive it, Iris declaration will have no effect.