Surah 60. Al-Mumtahinah, Ayah 10

Under the terms of the Truce of Hudaybiyyah, concluded in the year 6 H. between the Prophet and the pagan Quraysh of Mecca, any Meccan minor or other person under guardianship who went over to the Muslims without the permission of his or her guardian was to be returned to the Quraysh (see introductory note to surah {48}). The Quraysh took this stipulation to include also married women, whom they considered to be under the "guardianship" of their husbands. Accordingly, when several Meccan women embraced Islam against the will of their husbands and fled to Medina, the Quraysh demanded their forcible return to Mecca. This the Prophet refused on the grounds that married women did not fall within the category of "persons under guardianship". However, since there was always the possibility that some of these women had gone over to the Muslims not for reasons of faith but out of purely worldly considerations, the believers were enjoined to make sure of their sincerity; and so, the Prophet asked each of them: "Swear before God that thou didst not leave because of hatred of thy husband, or out of a desire to go to another country, or in the hope of attaining to worldly advantages: swear before God that thou didst not leave for any reason save the love of God and His Apostle" (Tabari). Since God alone knows what is in the heart of a human being, a positive response of the woman concerned was to be regarded as the only humanly attainable - and, therefore, legally sufficient - proof of her sincerity. The fact that God alone is really aware of what is in a human being's heart is incorporated in the shar'i principle that any adult person's declaration of faith, in the absence of any evidence to the contrary, makes it mandatory upon the community to accept that person - whether man or woman - as a Muslim on the basis of this declaration alone.

Lit., "to them". Thus, if a wife embraces Islam while her husband remains outside its pale, the marriage is considered, from the Islamic point of view, to have been automatically annulled.

Such an annulment is to be subject to the same conditions as a khul' (dissolution of marriage, at the wife's instance, from her Muslim husband - see note [218] on the second paragraph of 2:229 ): that is to say, since the non-Muslim former husband is presumed to have been innocent of any breach of his marital obligations as such, the wife is to be considered the contract-breaking party and has, therefore, to refund the dower (mahr) which she received from him at the time of concluding the marriage. In case of her inability to do so, the Muslim community is obliged to indemnify the erstwhile husband: hence the plural form in the imperative "you shall return" (lit., "give").

I.e., such of the pagan wives of Muslim converts as refuse to abandon their beliefs and their non-Muslim environment, in which case the Muslim husband is to regard the marriage as null and void. As for Muslim wives who, abandoning their husbands, go over to the unbelievers and renounce their faith, see verse {11}.

Lit., "and let them demand...", etc.

Lit., "as emigrants" (muhajirat). For an explanation of my rendering this term as above, see surah {2}, note [203].

 According to the Treaty of Ḥudaibiyah (see footnote for 48:1-3), Muslims who chose to move to Mecca would not be returned to Muslims in Medina, and Meccan pagans who accepted Islam and chose to move to Medina would be returned to Mecca (except for women).

 Those who moved to Mecca to marry pagans.

Under the treaty of Hudaibiya [see Introduction to S. xlviii, paragraph 4, condition (3)], women under guardianship (including married women), who fled from the Quraish in Makkah to the Prophet's protection at Madinah were to be sent back. But before this Ayat was issued, the Quraish had already broken the treaty, and some instruction was necessary as to what the Madinah Muslims should do in those circumstances. Muslim women married to Pagan husbands in Makkah were oppressed for their Faith, and some of them came to Madinah as refugees. After this, they were not to be returned to the custody of their Pagan husbands at Makkah, as the marriage of believing women with non-Muslims was held to be dissolved if the husbands did not accept Islam. But in order to give no suspicion to the Pagans that they were badly treated as they lost the dower they had given on marriage, that dower was to be repaid to the husbands. Thus helpless women refugees were to be protected at the cost of the Muslims.

The condition was that they should be Muslim women. How were the Muslims to know? A non-Muslim woman, in order to escape from her lawful guardians in Makkah, might pretend that she was a Muslim. The true state of her mind and heart would be known to Allah alone. But if the Muslims, on an examination of the woman, found that she professed Islam, she was to have protection. The examination would be directed (among other things) to the points mentioned in verse 12 below.

As the marriage was held to be dissolved (see n. 5422 above), there was no bar to the remarriage of the refugee Muslim woman with a Muslim man on the payment of the usual dower to her.

Unbelieving women in a Muslim society would only be a clog and a handicap. There would be neither happiness for them, nor could they conduce in any way to a healthy life of the society in which they lived as aliens. They were to be sent away, as their marriage was held to be dissolved; and the dowers paid to them were to be demanded from the guardians to whom they were sent back, just as in the contrary case the dowers of believing women were to be paid back to their Pagan ex-husbands (n. 5422 above).