Part
Five (5)
Terms
of a marriage (L-529)
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وَٱلْمُحْصَنَٰتُ مِنَ ٱلنِّسَآءِ إِلَّا مَا مَلَكَتْ أَيْمَٰنُكُمْ كِتَٰبَ ٱللَّهِ عَلَيْكُمْ وَأُحِلَّ لَكُم مَّا وَرَآءَ ذَٰلِكُمْ أَن تَبْتَغُوا۟ بِأَمْوَٰلِكُم مُّحْصِنِينَ غَيْرَ مُسَٰفِحِينَ24a. |
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24a.
WAL-MUHSANAATU minan-nisaaa-‘i ‘illaa maa
malakat ‘ay-maanukum KitaabAllaahi ‘alay-kum.
Wa ‘uhilla lakum-maa waraaa-‘a zaalikum
‘an-tab-taguu bi-‘amwaali-kum-muhsi-niina gayra
musaa-fihiin. |
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24a.
And all married women (are forbidden unto you) save those (captives) whom
your right hands possess. It is a Decree of Allah for you. And lawful unto
you are all beyond those mentioned, so that you seek them with your wealth in
honest wedlock, not debauchery. |
MUHSANAATUN - It is plural of Muhsanatun. It aims the woman who is proper wife of any man and her husband is present (the married women).
Muhsi-niina – It is plural of muhsinun. That is to say, the man who makes a woman his wife properly by means of nuptial knot.
Maa malakat ‘ay-maanukum – (whom your right hands possess), maa (who), malakat (came in possession), ‘ay-maanukum (your right hands), possession of right hands means that the bondwomen and slaves, who come under control of Muslims as a result of any war etc. Technically the word Milkun yamiin is also used for them.
Now unlawfulness of those women is being described who have already been married with any man. In such situation, they cannot be married someone else until either their husbands divorce them or they are separated from the nuptial due to the death of their husbands. However, if any woman is already in nuptial knot with any man and she has come in your possession, then it is lawful to marry her. This situation happens in that manner when any infidel woman has been tied in nuptial knot and the Muslims bring her towards any daarus-Salaam (a Muslim Country) after assaulting the daarul-harb (a Country where God-worshipping is not permissible), and arresting her.
Remember it that the woman who comes in possession of Muslims, caught from daarul-harb, it is necessary for her to be lawful after passing at least one period of menstruation. In addition, that woman should not be infidel or idolatress, but from the People of the Scripture. Then it has been described that the women, whose unlawfulness has been mentioned above, besides them all remaining women are lawful for you but with following four conditions, which have been prescribed with it:
1. Ask for the women, that is to say; get willingness properly for nuptial knot from the potential wife.
2. Accept paying her the amount of Mahr (the money or its value incumbent on the husband).
3. The purpose must be to make the woman proper your wife, not only for fulfilling the desire of sensuality.
4. The marriage should not be hidden but it
must be in the gathering of the people and in the presence of the witnesses.

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