رَحۡمَۃ

10:27.

Commentary:

This verse speaks of the great reward of those who prove themselves to be truly صابر or patient. It is, in fact, an explanation of the word, glad tidings, occurring in 2:156. Truly patient people who are steadfast in their connection with God and whom each and every affliction finds spiritually rising higher and higher will inherit three things: (1) blessings from their Lord; (2) His mercy; and (3) His guidance. God will bless them in every way, will cover them with His mercy and forgiveness and will look after them, providing guidance for them whenever they may need it. He will, as it were, become their friend and guardian, eager to come to their help on all occasions.

2:195; 5:46.

Important Words:

قصاص (retaliation) is derived from قص. They say قصه i.e. (1) he cut it (hair, etc.), or be clipped it; (2) he followed him closely or followed in his footsteps; and (3) he described or narrated it. قاص الرجل means, he did with the man the like of that which he did to him; he retaliated on him for the wrong done to him. اقص الامیر زیدا من بکر means, the Amir retaliated upon Bakr for the wrong he had done to Zaid. قصاص therefore, means, retaliation, by slaying for slaying, and wounding for wounding, etc. (Aqrab) or the following up of a murder or an injury with a view to retaliating or punishing (Mufradat).

القتلی (the slain) is the plural of قتیل in the sense of مقتول i.e. a murdered person (Aqrab).

الحر (freeman) is derived from حر meaning: (1) he was free-born; (2) he was of good and noble origin. حرالارض means, the best portion of land. Thus الحر means; (1) a freeman, opposite of slave or captive; (2) a noble person; (3) the good and pure portion of a thing (Aqrab).

Commentary:

This verse comprises a very important principle of civil law, i.e. equality of man and necessity of awarding proportionate punishment to all offenders without distinction, unless an offender is forgiven by the relatives of his victim under circumstances that are expected to lead to improvement and betterment of conditions.

The words کتب علیکم i.e. "is prescribed for you" show that retaliation for the slain is not simply permissible but is obligatory. Failure to inflict the punishment prescribed by Law on the offender would be tantamount to a violation of the commandment. The duty, however, of punishing the culprit does not devolve on the heirs of the murdered person but, as the plural number of the expression علیکم (for you) shows, on the authorities responsible for the maintenance of law and order. But, as the singular number of the expression اخیه (one’s brother) shows, the former have been given the option to forgive. The clause, therefore, means that on the one hand the concerned authorities are bound to punish the offender according to the requirements of law, having no right to pardon him of their own accord, and on the other hand the heirs of the murdered person are not entitled to take the law into their own hands and inflict the punishment on the guilty person themselves.

The verse under comment makes no distinction between different classes of persons in connection with the law of retaliation. The words used are of a general nature and apply to all offenders who might be guilty of murder, no matter of what rank or station in life or of what religion. Any person, irrespective of his caste or creed and irrespective of his station, must be put to death for the murder of any other person, unless pardoned by the relatives of the victim and unless the pardon has the sanction of the authorities. The sayings of the Holy Prophet are explicit on this point (Majah, ch. on Diyat).

There is indeed a saying of the Holy Prophet to the effect that a Muslim should not be put to death for killing a disbeliever. But this saying, read in conjunction with several others bearing on the same subject and interpreted in the light of the relevant Quranic verses, forces us to the conclusion that the word "disbeliever" in the tradition referred to above is not general but means only a حربی کافر i.e. such disbeliever as belongs to a people who are at war with the Muslims or, in other words, one who is a member of a belligerent community. In fact, the Companions of the Holy Prophet are all agreed that a Muslim may be put to death for murdering a non-belligerent unbeliever (Tabari, v. 44). The Holy Prophet himself ordered a Muslim murderer to be put to death for the murder of a non-belligerent non-Muslim (Qutni).

The expression, the freeman for the freeman and the slave for the slave and the female for the female, does not mean that a freeman should not be punished with death for the murder of a slave or that a woman should not be put to death for killing a member of the opposite sex, etc. The other verses of the Quran as well as the sayings and the practice of the Holy Prophet clearly establish the fact that the social position of a person or the sex of a party was never considered a bar to the application of this law. The peculiar construction, i.e. "the freeman for the freeman," etc. has been adopted here to refer to, and abolish, a custom of the Arabs whereby they used to take into consideration the sex and the social status of the murderer and the murdered person when determining punishment. If a man of high social position happened to kill a man of humble position, or if the slave of a great man killed that of a humble man, or if a lady of noble birth murdered a woman of humble origin, etc. the murderer was not punished with death, leniency being shown to him or her in sundry other ways as well. The commandment contained in this verse seeks to abolish that obnoxious custom of the Arabs and lays down in clear and unmistakable terms that no regard should be paid to the status of the murderer in the matter of retaliation.

In fact, the law of retaliation, as stated in this verse, is confined to the clause, equitable retaliation in the matter of the slain is prescribed for you, which forms a complete sentence in itself, giving a full and complete meaning. The ensuing expression, the freeman for the freeman and the slave for the slave and the female for the female, is something extra, not forming part of the law. It only contains a repudiation of the Arab custom referred to above and illustrates, by giving three instances, how the law is to be administered. Such an expression is known as جملة استینا فیه or جملة مستانفه in Arabic grammar, and is technically introduced with a view to answering a question which is suggested by the preceding clause to which it is added without any intervening conjunction. The question answered in such an expression is often understood and not expressed (Mukhtasar).

The sayings of the Holy Prophet and his practice also support the above interpretation, for it is on record that he once ordered a woman to be put to death for murdering a man (Muslim), and on another occasion he commanded that a freeman be put to death for the murder of a slave. Says the Holy Prophet: "Whoever kills his slave shall be put to death" (Majah). At another place he says: "The blood of all Muslims is alike in respect of the law of retaliation" (Nasa’i).

The words, if one is granted any remission by one’s brother, show that the infliction of capital punishment is not obligatory in all cases; for in special circumstances the murderer can be exempted from the extreme punishment by the heirs of the murdered person. Such exemption, which may be termed partial as the word شیء (any) indicates, means that the heirs of the deceased may renounce their right to have the murderer put to death and may in place of that receive from him blood money. Or as the Holy Prophet has made it clear, the heirs may, in exceptional cases and with the sanction of the authorities, even grant full pardon, remitting blood-money as well (Musnad & Baihaqi).

It is worthy of note that where the Quran speaks of remission, it uses the word "brother" instead of "heir of the murdered person". This is to hint to the heir of the slain person that he should, as far as possible, take a lenient view of the offence. On the other band, the murderer is also enjoined to pay blood money with good grace and without undue delay.

The concluding clause, i.e. whoso transgresses thereafter, for him there shall be a grievous punishment, is meant to point to the fact that if, after the matter has been amicably settled and the murderer granted a remission by the heirs of the murdered person, the heirs should take it into their heads to wreak vengeance on the murderer by killing him, they will be shown no mercy and will get capital punishment. Says the Prophet: "I will allow no remission in case of one whokills the murderer after he has accepted blood money from him" (Jarir).

The Islamic law of قصاص (retaliation), as briefly stated above, provides a very effective and practical means to put a stop to murder and safeguard human life. A man who shows a callous disregard for the life of a fellow person, loses his title to live as a member of human society. The option to pardon allowed to the heirs of the slain person should not be regarded as likely to encourage murder, for such option is not synonymous with exemption from punishment, as in ordinary circumstances the murderer will have to pay the blood money. Moreover, the would-be murderer possesses no means to know that the heirs of the person whose murder he contemplates will actually be persuaded to pardon him; so the fear of capital punishment will always be there to deter him from the commission of the crime. Again, pardon or remission is permissible only where the circumstances are such that pardon or remission is likely to improve matters and bring about good results for all parties concerned (42:41). Thus, while on the one hand, Islam has made due provision for the suppression of crime, it has, on the other, kept open the door for the display of the noble qualities of benevolence and mercy.

The way in which the Quran has upheld the ultimate necessity of the death penalty is indeed most significant. At the time when the Quran was revealed, people exacted retaliation for an injury done to them with a vengeance. They were not satisfied even with inflicting capital punishment on the murderer, to say nothing of pardoning him. They needed no incentive to retaliation. They were already overdoing it. In fact, the Islamic law of retaliation, viewed in the light of the circumstances prevailing at the time of its revelation, implied a prophecy that a time would come when people would go to the other extreme and a movement for the total abolition of capital punishment would be set on foot. So the Omniscient God laid down the law of retaliation in a form that is indispensable for the preservation and protection of human life, as well as the promotion of harmony and goodwill.

To prevent crime, Islam really aims at eliminating the conditions that produce it. It seeks to remove the very root-cause of all crime by working a complete moral reformation in man. But it does not remain content with that. It also prescribes deterrent laws in conformity with the dictates of reason, justice and humanity. The fact that, despite efforts to the contrary, the death penalty is still found on the Statute Books of most countries in one form or another, constitutes a sufficient proof of the wisdom of the Islamic teaching. As a matter of fact, even the most enthusiastic protagonists of the abolition of capital punishment have not yet been able to suggest a suitable alternative to it. They have had to admit that a long term of imprisonment as an alternative is "horrible" and is "not an ideal substitute" (Capital Punishment in the Twentieth Century by E. Roy Calvert, G. P. Putnam, London, 1930). The law of retaliation still remains the most effective deterrent to crime and an essential method to satisfy the demands of justice; and the Islamic Law takes a further step to bring about reconciliation between the offender and the aggrieved party.

Important Words:

الوھاب (Bestower) is derived from وھب i.e. he gave or he bestowed. وھب له مالا means, he gave or bestowed property on him. ھبة which is the noun-infinitive from وھب means: (1) the act of giving a person something without receiving anything in return; (2) the thing so given. الوھاب which is the intensive form of واھب (giver) means, one who gives greatly and extensively (Aqrab). The word is used about God because He gives to each and every one of His creatures according to his deserts and none is overlooked (Mufradat).

Commentary:

The verse, which comprises a very important prayer, comes as a fitting sequel to the preceding verse. It points out the great truth that not unoften a people receive a favour or blessing from God, which sometimes later proves a means of stumbling for them. They abuse the favour of God or misinterpret divine guidance and thus bring about their ruin. This is what happened to the Christians; and Muslims are warned to be watchful against this source of error and ever to pray to God to protect them against it. See also 1:7.

The verse also hints that dissension and straying away from the truth would be the lot of Muslims if they subordinated decisive verses to those ambiguous, and fundamentals to matters of secondary importance. This is why the Holy Prophetsaused to recite this prayer constantly, which fact implied an instruction to his followers to do the same. Indeed, there could be no greater tragedy than, having once found the right path, to go astray, and, having once received Divine favour, to become the object of His anger.

The verse also draws attention to the fact that the error of interpreting متشابھات in a manner which is at variance with محکمات (see preceding verse) can only be avoided through the purification of the heart and through prayer. The right knowledge of the Quran is vouchsafed only to those who are pure of heart. In this connection see also 56:80.

10:59; 43:33.

Commentary:

The words, forgiveness from Allah and mercy shall be better than what they hoard, mean that hypocrites are afraid of death because of the wealth and property which they have to leave behind; whereas, if believers are killed in the cause of Allah, they will get what is incomparably greater than what hypocrites are greedily hoarding up, or what Muslims themselves may have collected in the form of wealth and other worldly things. There is thus no reason for true believers to be afraid of death.

42:39.

Important Words:

شاور (consult) is derived from شار which means, he gathered or extracted honey from the comb, and separated it from the wax. شار الدابة means, he rode the beast in order to ascertain its true worth. اشار الیه means, he pointed towards him or it. اشار علیه means, he gave him advice; he offered him counsel. شاورہ means, he consulted him; he sought his opinion or advice; he discussed with him in order to find out his opinion. مشورة means, good counsel or consultation. شوری means, mutual consultation (Aqrab).

فتوکل (then put thy trust). For the meaning of توکل see 3:123.

Commentary:

The verse gives an insight into the beautiful character of the Holy Prophet, of which the most effable and prominent trait was his all-comprehensive mercy. He was full of the milk of human kindness and was not only kind towards his Companions and followers, but was also full of mercy for his enemies who were always on the lookout to stab him in the back. It is on record that he took no action even against those treacherous hypocrites who had deserted him in the Battle of Uhud. He even consulted them in affairs of the State.

The verse also constitutes an effective answer to the charge of the hypocrites that the Holy Prophet attached no importance to their advice and did what he liked. The Quran refutes this charge by saying that if the Holy Prophet had not been kind and gentle towards them, they would have left him long ago. Thus their continuing to remain with him falsified their accusation and proved that the Prophet’s treatment of them was very kind and that in conformity with the divine command (see also 42:39) he used to consult them regarding affairs of State, with the result that many of them afterwards repented of their deeds and became sincere Muslims. The injunction about consultation contained in the present verse, although general in application, refers to the hypocrites of Medina in particular.

It may be noted that Islam stands alone in including the institution of مشورة (consultation) among its fundamental principles. It lays down as a rule that both the Prophet and his Successors should, whenever necessary, consult their followers in important affairs of the State. A religion claiming to be universal is bound to contain such a teaching; for persons of different classes and different communities continue to enter its fold, and if they are consulted in matters of moment, it is calculated not only to add to their experience and practical wisdom, but also to increase and keep alive their interest in the affairs of the State. This is why the Holy Prophet used to consult his followers on all important matters, as he did before the Battles of Badr, Uhud, and Ahzab, and also when a false accusation was brought against his wife, ‘A’ishah. Baihaqi reports: "Certainly Allah and His Messenger did not stand in need of the advice of anybody, but God has made it (the seeking of advice) a source of mercy for men. Those who hold consultation will not stray away from the path of rectitude, while those who do not are liable to do so." Abu Hurairah says: "The Holy Prophet was most solicitous in consulting others in all matters of importance" (Manthur, ii. 90).

‘Umar, the Second Successor of the Holy Prophet is reported to have said: لا خلافة الا بالمشورة i.e. "There is no Khilafat without consultation" (Izalatul-Khifa’ ‘an Khilafatul-Khulafa’). Thus the holding of consultation in matters of consequence is an important injunction of Islam and is binding on both spiritual and temporal chiefs, though they are not bound to accept that consultation as the words, when thou art determined, then put thy trust in Allah, show. The Khalifah must seek the advice of leading Muslims, but the final decision always rests with him. He is not bound to accept, in full or in part, the advice tendered to him by a majority of them. This view has ever been held by the main body of Muslims throughout the centuries and finds ample support in the sayings of the Holy Prophet as well as in his practice and in that of his rightly-guided successors.

The objection, that if the Khalifah is not bound to act upon the advice of the majority what is the use of his seeking advice, or of others offering it, is unwise and beside the point. The verse gives to the Khalifah the right to reject advice if he is convinced that it is in the interest of religion or the community to do so. Normally, he respects the view of the majority, but the Islamic شوری or مشاورة (Shura or Mushawarat) is not parliament in the sense in which the word is generally understood in the west. Islam enjoins only consultation and not decision by votes, which are two different things. Consultation is meant to help the Khalifah to know the views of his followers and to enable him to respect them as far as possible. It is not at all intended to tie his hands. It is on record that the Holy Prophet rejected the advice of the majority of his followers on certain occasions, and on others he even refused to accept their unanimous opinion. For instance, regarding the treatment of the prisoners of Badr he accepted the advice of Abu Bakr and rejected that of ‘Umar, ‘Abdullah bin Rawahah and Sa‘d bin Mu‘adh (Musnad, i. 283). At Hudaibiyyah, he signed the treaty in clear opposition to the advice of his Companions (Bukhari, ch. on Shurut). Similarly, Abu Bakr discarded the almost unanimous advice of the Muslims by sending the expedition to Syria under Usamah, immediately after the death of the Holy Prophet (Athir, ii. 139). In contrast to this, it is also on record that the Holy Prophet sometimes sacrificed his own view to that of his followers as he did in marching out of Medina for the Battle of Uhud.

The context of the verse, however, shows that here the injunction was primarily meant with regard to the hypocrites, and nobody could say that the Holy Prophet was bound to do what the hypocrites advised him.

The advantages of consultation are: (1) The Khalifah or Amir comes to know the views of his followers. (2) He is helped in arriving at a correct decision. (3) Representative Muslims get an opportunity to think about, and take personal interest in, important state affairs, thus receiving most useful training in matters of administration. (4) The Khalifah is enabled to judge the mental and administrative capabilities of different individuals, which help him to assign the right work to the right man. (5) It enables him to know the aptitudes, aspirations and tendencies as well as the moral and spiritual condition of the different members of his community, and thus he becomes able to effect an improvement, wherever necessary, in his people.

The meaning of expressions like, put thy trust in Allah, is generally misunderstood. In the language of the Quran, توکل(trusting in God) does not consist in disregarding the material means of doing a thing. On the contrary, توکل as taught by Islam means that a person should first make use of all the resources at his command and then place his trust in God to bless his efforts with success, believing all the time that the means can be successful only if and when God wills it and that the true cause and the real source of all success is God alone.

The words, put thy trust in Allah, as used in the present context, also hint that if the Prophet or the Khalifah were to be bound to accept the counsel of his followers, it would be against the spirit of توکل (trusting in God). In fact, one who is bound to act in accordance with the advice of another cannot be said to be trusting in God so far as acting on that advice is concerned.

Commentary:

This verse further explains and emphasizes the distinction between the "sitters" at home without valid excuse and the "strivers" in the cause of God. The latter are not only superior to the former by "many degrees", but are much more entitled to God’s mercy and forgiveness.

3:102; 4:147.

Commentary:

The words, hold fast to Him, imply a forceful exhortation to Christians not to take Jesus as a deity but to look upon, and hold fast to, God alone as the means of their salvation and advancement.

9:128; 21:108.

Commentary:

The hypocrites, by using the words, ھو اذن i.e. he gives ear to all, (lit. "he is all ear") with regard to the Holy Prophet, meant to say that he was always listening to the reports of his reporters and thus, by reason of the excess of this practice, he had become, as it were, the very organ of hearing. The verse replies to this taunt of the hypocrites by saying that the Prophet did indeed receive reports but this practice was essential for good administration; for if he who is in power does not keep himself well-informed, he cannot rule with justice.

Moreover, by using the words, is good for you, the verse hints that though the Prophet did listen to reports about the machinations of the hypocrites, he never punished them merely on the basis of these reports without first ascertaining whether they were true or false, and even when they proved to be true, he very often pardoned them. So, it was not right for them to taunt him for keeping himself informed of what went on around him.

6:134; 7:157.

Commentary:

The verse answers an implied objection of the Jews, viz. if God had forbidden them certain extra things, why was not the prohibition continued in Islam? The verse answers this objection by saying that whereas the divine law of punishment demanded that Jews should be punished, the law of mercy demanded that Muslims should be shown mercy. It was unfair to continue a special prohibition that had been imposed by way of punishment under a new dispensation.