Commentary

It has been described in the beginning of this Surah that the injunctions of Surah Nur mostly relate to prevention of obscenity and vulgarity. Under the same sequence some injunctions regarding social etiquette and mutual meetings are also enjoined. After that the injunctions about Hijab for women are prescribed.

The injunction for relatives and mahrams for seeking permission at specific timings

Earlier in this Surah the social etiquette and manners for mutual meetings were described in verses 27, 28 and 29 under the heading 'injunctions on seeking permission', where it was enjoined that if you go to visit someone, do not enter the house without taking permission. Irrespective of the situation whether it is a female section of the house or the male section, and whether the visitor is a man or a woman, it has been made obligatory on every one to seek permission before entering the house. However, these injunctions relate to those who come in the house as visitors. But in the present verses a different type of isti'dhan is enjoined. Here those persons are instructed to seek permission who live together in the same house and keep roaming in the rooms freely. In this category those men are also included with whom the hijab of women is not required (the mahrams). They, too, are advised to make some sort of sound, either by cleaning the throat or by thumping of steps, in order to make their presence felt. This type of isti'dhan is preferable and not obligatory, but to give it up is Makruh Tanzihi. Tafsir Mazhari has remarked:

فمن اراد الدخول فی بیت نفسہ و فیہ محرماتہ یکرہ لہ الدخول فیہ من غیر استیذان تنزیھا لاحتمال رؤیۃ واحدۃ منھن عریانۃ وھو احتمال ضعیف و مقتضاہ التنرہ (مظھری)

The one who intends to enter his own house, while it is occupied by his mahram ladies, it is not desirable (makruh tanzihi) for him to enter it without seeking permission, because of the possibility that one of those ladies is without clothes. However, since this possibility is a remote one, it requires precaution only (and not Prohibition).

This injunction relates to the time before entering the house, but once men-folk have entered the house, all the inmates live together and being members of the same family keep meeting each other within the house. For the family members living together there is another injunction of seeking permission at three specific times, which are the times of privacy. These three times are before the Fajr prayers, the resting time in the afternoon and in the night after ` Isha' prayers. At these times all the mahrams and relatives, even the young children and slave girls having sense, are prohibited to enter the private places without taking permission. It is to ensure that none should go in the private rooms without first seeking the permission. At these times one wants to be on one's own and sometimes takes off the extra clothes, while at times one is in a compromising position with his wife. During any of these situations one would feel very embarrassed and upset if seen by even a very young but sensible child or a woman of the household. In the least it will cause him disturbance in his rest. Hence, there is a need to take permission at these three specific times before entering the private chambers. After this injunction it is said لَيْسَ عَلَيْكُمْ وَلَا عَلَيْهِمْ جُنَاحٌ بَعْدَهُنَّ (58) that is besides these times there is no harm if you go to each other without any permission, because during all other times people are busy doing their normal duties and are properly attired in their usual clothing. These are also not the normal times for intimacy with the wife.

Here the question arises that enforcement of injunction on adult man and woman is normal, but why the young children are also commanded to comply with this injunction, which is not the normal practice.

The answer to this confusion is that in actual fact it is the adult men and women who are charged with this duty to explain to the young children not to go to private chambers at these times without taking permission. It is in the same manner as a hadith instructs to teach the prayers to children when they attain the age of seven years and persuade them to offer it. And when they attain the age of ten years they be bound down to offer prayers regularly, and if they default then they should be beaten to be regular in their prayers. Similarly, the injunction of isti'dhan in the above verse is actually for the adult men and women. In the sentence under discussion the word Junah is used to say that apart from these three times there is no harm if the inmates go in the private chambers without permission. Generally the word Junah is used for sin, but sometimes it is also used for harm or obstacle. Here in this verse it is used for the latter meaning, hence, any doubt of sinning on the part of children is also removed. (Bayan ul-Qur’ an)

Ruling

The phrase الَّذِينَ مَلَكَتْ أَيْمَانُكُمْ (the slaves owned by you) used in verse (58) covers the meaning of both the slaves and the slave girls. Among them the adult slaves fall under the category of non-Mahrams under the Islamic law. As has been explained earlier, the mistress owner woman of an adult slave is obligated to be in hijab before him. Therefore, the phrase is purported to mean here the slave girls and minor slaves who roam about in the house freely.

Ruling

The scholars and jurists have different viewpoints on the question whether this type of isti'dhan is obligatory or merely commendable and whether this injunction is still valid or is abrogated. Majority of jurists have ruled that this verse is firm and thus not abrogated, and the injunction is obligatory both for men and women (Qurtubi). But it is obvious that the reason and ground for the injunction to be obligatory is that which is given above, that is, one wants to be on his own at these three times and likes privacy, and sometimes gets busy with his wife. However, if people could get into the habit of keeping their concealable parts covered even at these three times, and be careful to copulate with wife only at times when there is no possibility of anyone coming in, as is the norm these days, then it is not obligatory to restrain the relatives and children from entering without isti'dhan. In this situation it is no more obligatory for the relatives to follow it. But there is no doubt that it is a desirable and commendable act, though it seems that people have given it up for a long time. According to one narration Sayyidna Ibn ` Abbas ؓ ', has used very strong words for ignoring it, and according to another narration he has put forward excuses for those who do not follow it.

The first narration is reported by Ibn Kathir on authority of Ibn Abi Hatim that Sayyidna ` Abdullah Ibn ` Abbas ؓ has said that there are three verses which people have stopped following. One of them is this very verse of istidhan يَا أَيُّهَا الَّذِينَ آمَنُوا لِيَسْتَأْذِنكُمُ الَّذِينَ مَلَكَتْ أَيْمَانُكُمْ (58) in which relatives and young children are instructed to seek permission. The second verse is وَإِذَا حَضَرَ‌ الْقِسْمَةَ أُولُو الْقُرْ‌بَىٰ (4:8) in which people are advised to hand over a part of the inheritance to those relatives also who are present at the time of division of patrimony but have no claim on it, in order to console them. The third verse is إِنَّ أَكْرَ‌مَكُمْ عِندَ اللَّـهِ أَتْقَاكُمْ in which it is declared that the noblest among you in the sight of Allah is the most god-fearing of you. But these days such persons are regarded honorable and respectable who possess plenty of wealth and palatial houses. According to some other narration Ibn ` Abbas ؓ has also said that in respect of these three verses the Shaitan has overpowered the people. Then he said "I have restrained even my slave girl not to come to me without permission at these three times".

The second narration is also reported on authority of Ibn Abi Hatim by Sayyidna ` Ikrimah ؓ that two persons enquired from Sayyidna Ibn ` Abbas ؓ عنہما about isti'dhan enjoined (by this verse) upon near relatives and commented that people have stopped acting on this. Ibn ` Abbas ؓ replied ان اللہ ستیریحبّ السّتر that Allah keeps cover on many things, and He likes the same for others. The fact of the matter is that at the time of revelation of this verse the society was very simple. People did not use curtains at the door nor did they have large beds with curtains. There used to be occasions when a child or servant would come in unannounced at a time the person was in a compromising position with his wife. It was to prevent such happenings that Allah Ta’ ala sent down this injunction to take permission at these three times. But now people use curtains at the door and large beds having curtains, which is considered enough for the purpose. Now there is no need for isti'dhan. (Having reproduced this narration Ibn Kathir has said ھٰذا اسناد صحیح الی ابن عباس ؓ (that is, the chain of its narrators is 'Sahih' i.e. authentic). In the light of this narration ascribed to Sayyidna Ibn ` Abbas ؓ one thing is quite clear that when there is no apprehension of any one seeing the other in an uncovered position or involved with his wife, in that case some concession is allowed.

But Qur'an teaches for a pure society so that no one interferes in anyone's freedom and everybody lives in peace and comfort. Those who do not make their family members follow the practice of seeking permission they themselves face inconvenience and curb their natural instincts and desires.