(Series of Answers by the Great Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of his Facebook Page Followers "Fiqhi")
To: Nisrine Bouzafri
Question:
Assalamu Alaikum wa Rahmatullahi wa Barakatuh,
Question to our honorable Sheikh, may Allah bless you, increase you in knowledge, and grant you physical well-being. I would like to ask about the interpretation of the words of the Almighty in Surah An-Nur:
وَالْقَوَاعِدُ مِنَ النِّسَاء اللَّاتِي لَا يَرْجُونَ نِكَاحًا فَلَيْسَ عَلَيْهِنَّ جُنَاحٌ أَن يَضَعْنَ ثِيَابَهُنَّ غَيْرَ مُتَبَرِّجَاتٍ بِزِينَةٍ
"And past-childbearing women who do not expect marriage—there is no blame upon them for putting aside their [outer] garments [in the presence of non-mahram men] without displaying their adornment." (Surah An-Nur [24]: 60)
Who exactly are Al-Qawa'id min al-Nisa'? What are the specific rulings regarding them? Does "who do not expect marriage" refer to the factor of age? If so, what is the age criterion? Or is it related to the physiological change known as menopause, which is not strictly defined by age? May Allah reward you and grant victory through you.
Answer:
Wa Alaikum Salaam wa Rahmatullahi wa Barakatuh,
Regarding your question about ﴿وَالْقَوَاعِدُ مِنَ النِّسَاءِ﴾ in the noble verse, here is the following:
1- As you know, the method of tafsir (exegesis) is to first look for the haqiqah shar'iyyah (Shari'ah reality). We search to see if there is an interpretation mentioned in a Shari'ah text; if we find one, we adopt it. If we do not find one, we turn to the language, because the Quran was revealed in the Arabic language:
وَإِنَّهُ لَتَنْزِيلُ رَبِّ الْعَالَمِينَ * نَزَلَ بِهِ الرُّوحُ الْأَمِينُ * عَلَى قَلْبِكَ لِتَكُونَ مِنَ الْمُنْذِرِينَ * بِلِسَانٍ عَرَبِيٍّ مُبِينٍ
"And indeed, the Qur'an is the revelation of the Lord of the worlds. The Trustworthy Spirit has brought it down. Upon your heart, [O Muhammad], that you may be of the warners. In a clear Arabic language." (Surah Ash-Shu'ara [26]: 192-195)
إِنَّا أَنْزَلْنَاهُ قُرْآنًا عَرَبِيًّا لَعَلَّكُمْ تَعْقِلُونَ
"Indeed, We have sent it down as an Arabic Qur'an that you might understand." (Surah Yusuf [12]: 2)
As far as I know, there is no Shari'ah text that interprets the term "Al-Qawa'id min al-Nisa'"; therefore, we turn to the language to interpret the word "Al-Qawa'id".
Linguistically, Al-Qawa'id is used for women as the plural of the word qa'id. We say a woman is qa'id and women are qawa'id. The meaning is "sitting" (ceasing) due to old age; meaning, the woman is heavy and slow due to her advanced age. If we meant that the woman is literally sitting (down), we would say in Arabic qa'idah and not qa'id. Therefore, the meaning of Al-Qawa'id min al-Nisa' refers to those who are heavy/slow due to old age. In other words, they are the elderly women who have "sat back" (ceased) from the pleasures of life such as menstruation, childbearing, and husbands—meaning she does not desire marriage, nor is she desired for marriage. This is provided she has ceased menstruation and childbearing. It does not refer to a young woman who simply does not want marriage, nor a woman in "menopause" as they say (i.e., menstruation has stopped so she cannot bear children) but who still desires marriage or is still desired for marriage. This is because menopause may start after forty or fifty, yet she may still desire or be desired for marriage. Thus, the meaning of ﴿وَالْقَوَاعِدُ مِنَ النِّسَاءِ﴾ in the noble verse is:
Elderly women who have "ceased" (qa'adat) from menstruation and childbearing, and who do not expect marriage, such that they do not desire marriage, nor are they desired for marriage... these women are Al-Qawa'id.
To further clarify the meaning of Al-Qawa'id in the language and in the books of exegesis, I mention the following to you:
First: The linguistic meaning of Al-Qawa'id when referring to women:
It is stated in Lisan al-Arab: "A woman qa'adat (ceased) from menstruation and childbearing... she is qa'id: it has been cut off from her, and the plural is qawa'id. In the Revelation: 'And past-childbearing women (Al-Qawa'id min al-Nisa')'; Az-Zajjaj said regarding the interpretation of the verse: They are those who have ceased marriage. Ibn al-Sikkit: A woman is qa'id when she has ceased menstruation, but if you mean the act of sitting, you say qa'idah. Abu al-Haytham said: Al-Qawa'id is among the descriptions of females; it is not said 'men are qawa'id'. Al-Qawa'id is the plural of qa'id, which is the elderly woman. It is said as such without the letter 'ha' to indicate she possesses the state of qu'ud (ceasing). As for qa'idah, it is the active participle from the verb qa'adat (to sit/cease), and its plural is also qawa'id." [End quote]
It is stated in Taj al-Arus (9/49): "(And) metaphorically: Al-Qa'id among women (is she who has ceased childbearing, menstruation, and marriage), and the plural is qawa'id. Ibn al-Athir said: Al-Qawa'id is the plural of qa'id, which is the elderly woman. It is said without the 'ha', meaning she has the state of qu'ud. As for qa'idah, it is the active participle from your saying 'she has sat (qa'adat)', and it is also pluralized as qawa'id." [End quote]
Second: The meaning of Al-Qawa'id in the books of Tafsir:
It is stated in Tafsir al-Qurtubi: (Surah An-Nur [24]: Verse 60) "The words of the Almighty: (وَالْقَوَاعِدُ مِنَ النِّسَاءِ), Al-Qawa'id its singular is qa'id, without the 'ha', so that its omission indicates the 'sitting' of old age... Al-Qawa'id: The elderly who have ceased activity due to age, and ceased childbearing and menstruation; this is the opinion of the majority of scholars."
It is stated in Tafsir al-Nasafi: (Madarik al-Tanzil wa Haqa'iq al-Ta'wil (2/519)) "{Al-Qawa'id} plural of qa'id because it is among the descriptions specific to women, like taliq (divorced) and ha'id (menstruating), meaning those who have ceased menstruation and childbearing due to their old age {min al-Nisa'} (among women) describes their state {allati la yarjuna nikahan} (who do not expect marriage) meaning they do not hope for it..."
Third: The conclusion is that Al-Qawa'id min al-Nisa' are the elderly women who, due to their advanced age, have ceased menstruation and childbearing—so they do not carry or give birth—and likewise have ceased marriage, meaning they do not expect marriage, do not desire it, and are not desired for it... i.e., they have ceased all these matters.
I hope the subject has become clear. May Allah be with you.
Your brother, Ata Bin Khalil Abu Al-Rashtah
05 Rabi’ al-Awwal 1438 AH Corresponding to 04/12/2016 CE
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