Marriage Rulings and the Issue of Concubinage in Light of Verses 22-24 of Surah An-Nisa

The Quran offers comprehensive guidance on every aspect of human life. The institution of marriage is one of the most fundamental focal points of this guidance. In particular, verses 22, 23, and 24 of Surah An-Nisa draw clear boundaries regarding the order of marriage, laying the groundwork for the protection of both individual and social morality. These verses have served for centuries as fundamental reference points in Islamic law, playing a decisive role in determining which women may or may not be married, how intra-family relationships should be bounded, and upon which principles the marriage contract should be built. However, in the interpretation of these verses — especially verse 24 — serious deviations have occurred throughout history. Translating the expression "mā malakat aymānukum" as "concubines" or "female slaves" has produced a reading that is both linguistically flawed and contrary to the overall spirit of the Quran. Surah An-Nisa, Verse 22: The Prohibition of Marrying Women Whom One's Father Has Married Verse 22 of Surah An-Nisa offers a striking starting point on the matter of marriage prohibitions:

"And do not marry women whom your fathers have married — except what has already occurred. Indeed, it was an immorality and hateful and was evil as a way." This verse does not content itself with a single prohibition; it also articulates the nature of that prohibition in remarkably strong terms. Marrying a woman whom one's father has married is not merely rendered legally invalid — it is defined as a moral catastrophe. The expressions used in the verse — fāḥisha (immorality), maqtan (hateful), and sāʾa sabīlā (evil as a way) — demonstrate that this prohibition is not a mere legal rule but a foundational principle aimed at preserving the moral fabric of society. The clause "except what has already occurred" reveals that even while imposing firm legal sanctions, the Quran does not resort to retroactive punishment; it treats actions from the pre-Islamic era within their historical context and grants forgiveness. This exception does not, however, mean that such marriages are legitimized — it covers only the forgiveness of the past and the construction of the future. This verse's prohibition extends beyond the father to include grandfathers as well. A bond arising from a marriage contracted through a grandparent also falls within the scope of this verse, emphasizing that the restriction of intra-family relationships must be maintained across generations. Surah An-Nisa, Verse 23: A Comprehensive List of Women Forbidden in Marriage Verse 23 lists in detail the women known in Islamic law as maḥārim — those with whom marriage is categorically forbidden: "Prohibited to you are your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters, your foster mothers who nursed you, your foster sisters, your wives' mothers, your stepdaughters under your guardianship born of your wives unto whom you have gone in — but if you have not gone in unto them, there is no sin upon you — and the wives of your sons who are from your own loins, and that you take two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful." The prohibitions established in this verse can be addressed in several fundamental categories:

1. Those Forbidden by Blood Ties The prohibition of the mother and daughter is not limited to first-degree relatives. The expression "your mothers" in the verse also encompasses the mother's mother — the grandmother — and even higher generations. Similarly, "your daughters" includes granddaughters and further descendants. These women are close relatives such as one's mother, daughter, sister, paternal aunt, maternal aunt, foster mother, stepdaughters, and mother-in-law. Thus the verse produces a comprehensive regulation that reinforces the marriage prohibition at every level of the family tree.
2. Those Forbidden by Milk Kinship Islamic law treats relationships formed through breastfeeding as equivalent to blood ties for the purposes of the marriage prohibition. The foster mother and foster sister fall within the scope of this prohibition. This ruling demonstrates how carefully the emotional and physical bonds within the family — the smallest unit of society — are protected. When one considers how widespread the practice of wet-nursing was in early Islamic societies, the vital social function served by this regulation becomes even clearer.
3. Those Forbidden by the Bond of Marriage In verse 23, the expression "your mothers and daughters" refers both to a person's own mother and daughter and to those women's mothers and daughters — that is, to all of the ascending lineage. In the case of stepdaughters, the verse explicitly states the condition: the prohibition is finalized upon consummation; otherwise, the mere occurrence of a marriage does not give rise to the prohibition. This fine distinction reveals that Islamic law is not a mechanical set of rules, but internalizes a nuanced sense of justice grounded in concrete realities.
4. The Prohibition of Combining Two Sisters Marrying two sisters simultaneously is absolutely forbidden. This prohibition is designed to protect the naturally warm relationship between sisters from being transformed into an environment of jealousy and conflict. Surah An-Nisa, Verse 24 and the Correct Reading of "Mā Malakat Aymānukum" Verse 24, which immediately follows verse 23, extends the scope of the established prohibitions one step further and clarifies the general framework of marriage law:

"And also prohibited are all married women except those whom your right hands possess — this is the decree of Allah upon you. And lawful to you are all beyond these, that you may seek them with your wealth in a contract of marriage, not in fornication. So for whatever you enjoy of marriage from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise." The expression that especially draws attention in this verse is the Arabic phrase mā malakat aymānukum, which should be translated as "what your oaths possess." Yet throughout history this phrase has undergone a serious distortion and has been rendered in the vast majority of translations as "your concubines" or "the female slaves in your possession." Linguistic Analysis The word aymān is the plural of yamīn. In Arabic, yamīn carries the meanings of word, oath, and covenant. Accordingly, the literal meaning of mā malakat aymānukum is "what your oaths possess" — that is, the legitimate relationship established through a marriage contract and mutual vow. This expression refers not to the institution of slavery but to the marriage contract and the covenant between spouses. The subsequent phrases in the verse — "that you may seek them with your wealth" and "give them their due compensation as an obligation" — further strengthen this interpretation. What is at issue here is not a transaction of purchase and sale, but a marriage contract built upon bridewealth (mahr), responsibility, and mutual consent. The verse envisions relationships built upon two fundamental principles: chastity and contract. The emphasis on "not in fornication" makes clear that legitimate relationships cannot be established outside of marriage. The obligation of mahr demonstrates that the man bears a material responsibility toward the woman, and that the relationship constitutes a whole of mutual rights and obligations. In this framework, "what your oaths possess" refers to spouses bound by the covenant of marriage — not female slaves or captives. The Etymology of the Word "Jariya" and Its Historical Transformation The origin and semantic shift of the word jariya constitutes the most critical dimension of this issue. The Arabic Root of the Word The Arabic origin of the word jariya is جَارِيَة (cāriya), derived from the root ج-ر-ي (j-r-y). This root in Arabic contains meanings such as "to flow, to walk, to move, to run." The word's first and original meaning was "flowing, walking, moving." The word cāriya derived from this root originally carried a neutral and positive meaning such as "young girl" or "a woman who moves quickly." Indeed, the words jaryān (flow, current) and jārī (flowing, in effect) derived from the same root still preserve this original meaning today. Semantic Shift: The Shadow of Roman Law Understanding the semantic transformation of the word requires considering the historical context. In Roman law, the term concubina defined a woman who was in an extramarital relationship and was not granted the legal status of a wife. These women were in effect in a state of sexual servitude — individuals living in an indeterminate secondary status, devoid of rights. After the death of the Prophet Muhammad, the rapid expansion of the Islamic world led to intense interaction between Arab society and the Roman and Sasanian legal traditions. In the course of this interaction, the word jariya gradually drifted toward the meaning contained in the Roman concept of concubina and began to be equated with "female slave." This transformation is a deviation that can be explained not by the word's linguistic root but by historical and political circumstances. The Place of the Word "Jariya" in the Quran A critically important fact must be emphasized: the word "jariya" does not appear anywhere in the Quran. Its inclusion in translations is nothing other than the reflection upon those translations of the historical semantic drift of Arabic words. Rather than constructing a terminology that would legitimize the institution of slavery, the Quran adopts a language that encourages the liberation of the human being and the escape from bondage. The Quran's View of Women: Equality, Freedom, and Dignity The Quran's approach to male-female relations is built not upon slavery but upon a contractual understanding grounded in mutual respect, responsibility, and free will. The characterization of mahr as "an obligation" in verse 24 of Surah An-Nisa makes clear that the man is under a legal duty toward the woman. This approach positions the woman as an equal party to the contract — not as an object purchased, acquired, or used by the man. The mahr paid in exchange for the rights to be obtained signifies that the relationship rests upon a moral, rather than commercial, foundation. Beyond this, the Quran contains numerous provisions that transcend slavery and encourage freedom. Regulations prescribing the manumission of slaves for expiation and forgiveness of sins are concrete reflections of this orientation. When all of this evidence is assessed together, the message at the core of the Quran is clear: respect for human dignity, commitment to justice, and the establishment of equality among individuals. Conclusion Verses 22, 23, and 24 of Surah An-Nisa constitute the most fundamental pillars of Islamic marriage law. These verses comprehensively regulate a broad area, from the restriction of family relationships to the principles of the marriage contract. The common purpose of these regulations is to uphold the social order and moral structure. The conclusions drawn from this analysis may be summarized as follows:

1. There is no provision in the Quran that legitimizes the enslavement of women.
2. The word "jariya" never appears in the Quranic text; its use in translations is a reflection of historical semantic drift.
3. The expression mā malakat aymānukum refers not to the institution of slavery but to the legitimate marital relationship established through a marriage contract and mutual vow.
4. The original root meaning of the word "jariya" is "to flow, to walk"; the meaning of "female slave" was subsequently imposed upon the word, particularly through the influence of Roman law.
5. The Quran founds male-female relationships upon contract, bridewealth, and mutual consent. All of these facts demonstrate that the concept of "jariya" and the claims of female slavery in Islam are plainly contrary to the essence and message of the Quran. Erroneous interpretations and deliberate distortions that emerged throughout history have cast a shadow over Islam's view of women. Yet the framework offered by the Quran rests upon a universal understanding of justice that places equality, freedom, and human dignity at the center of male-female relations.