Surah An-Nisaa (4) — Ayah 24

24. 1 In the Noble Quran, "ihsan" is used in four meanings: 1. Marriage; 2. Freedom; 3. Chastity; 4. Islam. Accordingly, "muhsanat" has four meanings: 1. Married women; 2. Chaste women; 3. Free women; and 4. Muslim women. Here, the first meaning is intended. In its context of revelation, it is mentioned that when, in some battles, the women of the disbelievers also came into the captivity of the Muslims, the Muslims felt aversion to having intercourse with them because they were married. The Companions asked the Prophet ﷺ, upon which this verse was revealed (Ibn Kathir). From this, it is understood that the disbelieving women obtained in war, when they become the slave women of the Muslims, it is permissible to have intercourse with them despite their being married; however, "istibra’ al-rahm" is necessary, i.e., after one menstrual cycle, or if they are pregnant, after childbirth, sexual relations may be established with them. The issue of slave women: At the time of the revelation of the Noble Quran, the system of slaves and slave women was common, which the Quran did not abolish, but such a strategy was adopted regarding them that slaves and slave women could obtain as many facilities as possible so that slavery would be discouraged. There were two sources for this: first, some families had, for centuries, been such that their men and women were sold; these purchased men and women were called slaves and slave women. The owner had the right to benefit from them in every way. The second source was prisoners of war, that the captive women of the disbelievers were distributed among the Muslims, and they would live with them as their slave women. For the captives, this was the best solution, because if they were left free in society, corruption would arise in society through them. (For details, see the book "Al-Riq fi al-Islam," "The Reality of Slavery in Islam" by Maulana Saeed Ahmad Akbarabadi.) In any case, Muslim married women are already forbidden, and disbelieving women are also forbidden except when they come into the ownership of Muslims; in that case, after "istibra’ al-rahm," they are lawful for them.

24. 2 That is, besides the aforementioned Quranic and hadith-based restrictions, it is permissible to marry other women, provided that four things are present: First, that you seek (them), i.e., there is mutual proposal and acceptance from both sides; second, that you accept to pay the dowry; third, that the intention is to bring them into the bond of marriage (permanent possession), not merely for the purpose of lust (as in adultery or in the mut‘ah practiced among the Shia, i.e., marriage for a few days or hours for the satisfaction of sexual desire); fourth, that it is not a secret relationship, but the marriage is conducted in the presence of witnesses. These four conditions are derived from this verse. From this, not only is the invalidity of Shia mut‘ah established, but also the impermissibility of the prevalent "halalah" is proven, because its purpose is also not to bring the woman into the permanent bond of marriage, but customarily it is fixed and intended only for one night.

24. 3 This is an emphasis that the women whom you marry according to the Shariah rulings, you must pay them their prescribed dowry.

24. 4 In this, there is the option, by mutual consent, to increase or decrease the dowry. Note: The Shia use the word "istimta‘" to prove the permissibility of mut‘ah marriage, whereas what is meant here is the enjoyment of intercourse after marriage, as we have explained. However, mut‘ah was permissible in the beginning of Islam, and its permissibility was not based on this verse, but on the custom that existed before Islam. Then the Prophet ﷺ, in very clear words, made it forbidden until the Day of Judgment.