ROOT ق ت ل

Important Words:

باری (Maker) is derived from بری which means, he shaped or fashioned a reed into a pen, or he shaped an arrow. باریmeans, one who forms or fashions a thing by cutting; one who shapes out or pares a thing. باری is to be distinguished from خالق for whereas the latter word means, one who brings a thing into existence according to the proper plan or measure, or one who brings a thing into existence from a state of nonexistence, the former word, i.e. باری signifies one who fashions a thing into its proper shape. Generally, however, باری is used as somewhat synonymous with خالق, for it is the formation of a shape which is the result in each case (Mufradat & Lane).

Commentary:

It appears from this verse that, although after the incident of calf-worship a general pardon was granted to the Israelites, yet it was thought essential to punish the ringleaders who were ordered to be slain. The clause فاقتلوا انفسکم does not mean "slay yourselves", but "slay your men or slay your kith and kin". The latter meaning is borne out by 2:85, where God says, you shall not turn your people out of your homes. Similarly, in 24:62, we read: When you enter houses, greet your people with salam. In these verses the expression انفسکم has been used in the sense of 'your people or your brethren'. See also 2:86 & 4:67.

Speaking of this incident, the Bible says: "Put ye every man his sword upon his thigh, and go to and fro from gate to gate throughout the camp, and slay every man his brother, and every man his companion, and every man his neighbour. And the sons of Levi did according to the word of Moses: and there fell of the people that day about three thousand men" (Exod. 32:27, 28).

In the above passage, the number of persons slain has been put at three thousand, but this is apparently an error. Similarly, the number of the Israelites who came out of Egypt is represented in the Bible as six hundred thousand (Exod. 12:37) which also is clearly wrong. Such a large number could not live as servants and labourers of the Egyptians, who themselves speak of them as "a small community" (the Quran, 26:55). The error has apparently arisen from a confusion of the words إلف (ilf) and ألف (alf), the former meaning "a family", and the latter "a thousand" (Aqrab). Really, there were only 600 families of the Israelites who lived in Egypt and who left the country under the leadership of Moses, but they were misconstrued into 600 thousands. Similarly, the number of persons slain could scarcely be three thousand. There were most likely only three families the leaders of which took part in setting up the calf for worship, and these were put to death, by their own kinsmen at the bidding of Moses.

The words فاقتلوا أنفسکم (slay yourselves) have also been construed as "kill your desires"–an interpretation borne out by the usage of the Arabic language. Some commentators prefer this interpretation to the one given above on the ground that the Israelites, having been forgiven by God at the intercession of Moses, could not have been ordered to slay their brethren, for such an order would have been incompatible with the forgiveness granted to them. This argument, however, does not appear to be sound for forgiveness of a people as a whole is not incompatible with the punishment of a few ringleaders.

The clause, turn ye therefore to your Maker, implies an exhortation to the Israelites to turn to their باری or Maker or Fashioner, which means that they should work a change or reformation in themselves.

3:113.

2:91; 3:113; 5:61.

2:88; 3:22, 113, 184; 5:71.

Important Words:

فومھا (its wheat). فوم means: (1) wheat; (2) any corn suitable for making bread; (3) garlic; (4) chick-pea (Aqrab).

مصر (a town) means:(1) a town or a city; (2) the frontier between two countries; (3) the thing that intervenes between two things (Aqrab).

یقتلون (would kill) is derived from قتل i.e. he killed. The infinitive means: (1) killing with a sword or with a stone or with poison or by any other means; (2) attempting to kill; (3) making up the mind to kill; (4) boycotting or cutting off all connections; (5) killing one’s carnal desires; (6) weakening the strength of a thing, as alcohol is "killed" with the addition of water, or hunger is "killed" with food, etc.; (7) humbling a person completely; (8) rendering a person like unto one killed either physically or morally or spiritually; (9) acquiring complete and certain knowledge about a thing; and (10) cursing a person or thing (Aqrab, Mufradat & Lisan)

Commentary:

In this verse another instance is cited to show how the Israelites made no effort to turn the favours of God to good account. When they were in the desert, God sent them Manna and Salwa. But soon after this they began to exhibit discontent with one kind of food and to clamour for a variety of grain, onions, salad and green-stuff (Num. 11:5-11). It may be noted that both Manna and Salwa taken together were considered one kind of food as they were taken continuously for a long time. It is further learnt from the Bible that the supply of Salwa was discontinued after a while and the Israelites were thus left to live on Manna alone (Num. 11:6). As the demand was not based on a right understanding of the wisdom of God Who wanted the Israelites to breathe the free air of the desert for a time, they met with disgrace and drew upon themselves the wrath of God.

God’s displeasure with the Israelites was not due to their demand for other food. The real cause lay elsewhere. Having lived for a long time in bondage and a state of dependence, they had become cowardly and indolent. So God wished them to stay in the desert for sometime, living on game and wild herbs, that they might get rid of their cowardice and indolence by living an independent life in the desert. Thus revitalized, they were to be led to the Promised Land and made rulers of Palestine. The Israelites, however, failed to understand the real purpose of God or having understood it, failed to appreciate it, and foolishly insisted upon living in a town. God pointed out their error, saying that they had asked for a life of agriculture in preference to what was to lead them to sovereignty. He wanted to prepare them for rule over the Promised Land, but they hungered for husbandry. So He indignantly ordered them to go down to a town where they would get the desired things.

The Israelites deserved punishment, because their impatience was the outcome of a want of faith in the promise of God. This lack of faith in God was due to their opposition to His Prophets and, disbelief in His Signs, and they opposed the Prophets because they were transgressors and evildoers. The Prophets invited them to guidance and virtue which they disliked, and, as a result, they opposed them. Thus the Quran admirably traces the causal sequence of every evil to its origin and strikes at its very root so as to prevent all possibility of recurrence.

The words, we will not remain content with one kind of food, contain a threat and are full of arrogance. If the Israelites had meant simply to express a wish, the words would have been "we are unable to remain content with one kind of food," and not as they stand in the Quran. The Bible gives a vivid picture of their insolent and almost rebellious attitude on this occasion (Num. 11:5-15).

The words یقتلون النبیین translated in the verse as "would kill the Prophets" do not mean that the Israelites actually killed the Prophets, because, up to the time of Moses, no Prophet is known to have been slain by them. As a matter of fact, Moses is the first Prophet who was sent to the Israelites as a nation. Thus Moses and his brother, Aaron, are the only persons to whom the words can be applied; but obviously these two Prophets were not killed by the Israelites, although the latter often opposed them and were sometimes even bent upon killing them (Exod. 17:4). Hence, the word قتل in the verse cannot possibly mean actual killing. Its only meaning here is that they severely opposed the Prophets and were even prepared to kill them. This interpretation finds corroboration not only in Arabic lexicons, for which see Important Words, but the Quran itself supports it in a number of verses where the word قتل has been used undoubtedly, not in the sense of actual killing but in that of attempting to kill or intending to kill (3:22 and 40:29). Bukhari also relates a tradition to the effect that once certain hot-headed Quraish youths brutally assaulted the Holy Prophet in the precincts of the Ka‘bah, whereupon Abu Bakr rushed to his rescue, saying, اتقتلون رجلا ان یقول ربی الله "Do you kill a man because he says Allah is his Lord and Master?" (chapter on Tafsir). In this hadith the word قتل is clearly used in the sense of attempting to kill or intending to kill and not actual killing.

It will not be out of place to point out here that the purport of verse 2:59 discussed above is altogether different from the one under comment. Though in both of them God apparently orders the Israelites to go to some habitation, yet the meaning is entirely different, rather quite the opposite in each case. As a matter of fact, whereas in verse 2:59 God Himself willingly commands the Israelites to go to some habitation, His ordering them to "go down into a town" in the verse under comment is expressive of definite displeasure and anger. In the previous verse the قریة or habitation meant only a habitation found in the desert by going into which the Israelites did not leave the free desert life but rather combined it with the facilities of a habitation. On the contrary, by "going down into" a مصر i.e. a town or city as mentioned in the verse under comment, they altogether abandoned the desert life and adopted a life of ease, as is led in towns and cities. Hence the difference. This is why the Quran uses the simple word ادخلوا i.e. "enter" in 2:59 and the word اھبطوا i.e. "go down", a term expressive of decline, in the verse under comment. Similarly, whereas in verse 2:59 the Quran follows up the commandment with the words eat therefrom plentifully wherever you like, in the present verse the commandment is followed by the words and they were smitten with abasement and destitution. The difference is apparent. The former expression is indicative of the freedom of life in the desert, and the latter of the suffocating atmosphere and mental slavery of towns and cities.

Important Words:

قتلتم (you slew) is derived from قتل which means: (1) he killed; (2) he attempted to kill; (3) he rendered a person like unto one killed (see also 2:62).

نفساً (a person) has been used here as نکرة i.e. in an indefinite or undefined form. It may, according to the rules of the Arabic language, refer either to an unimportant person that need not be named, or to a very important personage; for sometimes a word used as نکرة denotes a sense of greatness (Mutawwal).

فادارءتم (differed among yourselves) is derived from درأ meaning, he repelled it or he thrust it back. ادارءتم is originally تدارءتمmeaning: (1) you repelled one another by casting blame or responsibility on one another; (2) you disagreed or differed among yourselves (Aqrab & Lane).

تکتمون (you concealed). See 2: 34.

Commentary:

See under next verse.

See under 2:87.

See 2:54.

5:47; 57:28.

2:254; 3:185; 5:111; 43:64.

16:103.

Important Words:

قفینا (We caused to follow) is derived from قفا which means, the back of the neck. Hence قفا أثره means, he followed him. قفی(qaffa) means, he made a person or thing follow or come after another (Aqrab).

بینات (manifest Signs) is derived from بین meaning, he explained a thing so as to make it clear or manifest. So بینات means, such signs and arguments as make a thing manifest and clearly establish the truth of a claimant (Mufradat & Aqrab).

روح القدس (Spirit of Holiness) is a compound word made up of روح and القدس. The first-mentioned word, i.e. روح means, a spirit, an angel, a word of God; and قدس means, sanctity, holiness. روح القدس would thus mean, the holy or blessed word of God; the spirit or angel of holiness (Aqrab & Lane). It is generally taken to signify the angel Gabriel.

Commentary:

In this verse, the Israelites are told that they had opposed all the Prophets of God, beginning from Moses and ending with Jesus, for no other reason than that some of the teachings of these Prophets were at variance with their cherished desires.

The verse, while speaking generally of the Prophets who came after Moses, makes a special mention of Jesus. The reason for this lies in the fact that somehow or other, the Jews accepted all those Prophets who appeared prior to Jesus, but they stubbornly refused to accept him. It was, therefore, in the fitness of things that particular mention should have been made of Jesus, and it should have been declared that he was as good and as holy a Prophet as so many others who had gone before him and in whom the Jews had believed, inasmuch as he possessed, in common with them, that characteristic Spirit of Holiness which distinguished God’s Prophets from other men of the world. The most powerful proof of the truth of the claims of Jesus as a Prophet was his being favoured with Signs and the assistance of the Holy Spirit, and this is the very proof on the basis of which the Jews had believed in the previous Prophets. The بینات(manifest Signs) and روح القدس (the Spirit of Holiness) have been mentioned here not because they were the unique characteristics of Jesus, but because both these evidences, which must accompany every true Prophet, were denied him by the Jews. From Matt. 12:38-40, it is apparent that the Jews denied that Jesus showed any Sign, while from Luke 11:15 and Matt. 10:25 we learn that, according to the Jews, Jesus, far from being favoured with the Holy Spirit, was influenced by the Evil Spirit and was (God forbid!) himself a devil.

That بینات (manifest Signs) and روح القدس (the Spirit of Holiness) are the common characteristics of all the Prophets of God and not an exclusive distinction of Jesus is apparent from other verses of the Quran as well. Says the Quran: That was because their Messengers came to them with بینات (manifest Signs) but they disbelieved; so Allah seized them. Surely, He is strong and severe in chastising (40:23). Also see 2:100. And elsewhere the Quran says about the Holy Prophet, Say, theروح القدس (Spirit of Holiness) has brought it (the Quran) down from thy Lord with truth that He may strengthen those who believe and as a guidance and glad tidings for Muslims (16:103). The Quran goes still further and declares that the Spirit of Holiness descends not only on Prophets but also on true believers (58:23).

In this connection we have also the testimony of the Holy Prophet who is reported to have said to the poet Hassan, "Reply, O Hassan (to the disbelievers), on behalf of the Prophet of God, and O God, help Thou Hassan with روح القدس i.e. the Spirit of Holiness" (Bukhari & Muslim).

Hassan also declares in a couplet of his that روح القدس i.e. the Holy Spirit was always with the Muslims. Says he:

و جبریل رسول الله فینا

و روح القدس لیس له كفاء

"And Gabriel, the Messenger of God, is among us and the Spirit of Holiness has no match" (Muslim).

From the above it is clear that البینات (manifest Signs) and روح القدس (the Spirit of Holiness) are not the exclusive privileges of Jesus but were vouchsafed to all the Prophets of God. Even holy men other than Prophets have received the Spirit of Holiness from God. The specific mention of "manifest Signs" and "the Spirit of Holiness" in this verse is thus meant only to bring home to the Jews that the rejection of Jesus was entirely unjustified.

It is commonly believed that روح القدس is another name of the angel Gabriel (Jarir & Kathir). As explained under 2:31, out of His infinite wisdom, God has appointed different angels to execute His will and manifest His attributes in the universe; and the angel to whom the work of bringing about purification in the world and of reflecting God’s attribute of holiness has been assigned is called, روح القدس. The expression "Holy Spirit" is also met with in the Old Testament (Ps. 51:11). Some commentators have also interpreted روح القدس as a special manifestation of God’s اسم اعظم i.e. His chief attribute of Holiness (Kathir).

2:171.

3:113, 182.

Commentary:

The verse means that whenever Islam is presented to Jews, they, far from reflecting over its claims, consider it enough to say that they will believe in what is sent to Israelite Prophets only, and not in the revelation of outsiders, although the revelation they reject on such flimsy grounds fulfils the prophecies contained in their own Scriptures about a new Book. Further, it is added that the statement that they would adhere to what was revealed to Israelite Prophets is absurd, seeing that they had opposed even their own Prophets in their time.

This verse also makes it clear what the word مصدقا means when followed by the preposition لام. The expression has been used as a proof of the truth of the Quran, and it is therefore clear that it conveys the sense of "fulfilling" and not that of "confirming". It is only the fulfilment of prophecies in the Bible that can serve as evidence of the truth of the Quran. In this connection, see also 2:42.

For the prophecies alluded to in this verse, i.e. the prophecies contained in the Bible about the Quran and the Holy Prophet, the reader is referred to Deut. 18:15-19; Acts 3:19-24; Deut. 33:2; Matt. 21:42-44; Isa. 21:13-17; 28:9-13; chap. 42; 62:2-4; Dan. 7; etc.

For a discussion of the words, why did you attempt to slay the Prophets, see under 2:62.

3:170.

Important Words:

احیاء (living) is the plural of حی which, among other things, means: (1) one whose life work does not go in vain; (2) one whose death is avenged. A well-known pre-Islamic poet, Harith ibn Hillizah, author of the seventh Mu‘allaqah, says:

إن نبشتم مابین ملحة فالصا قب فیھا الاموات والاحیاء i.e. If you dig the graves between Milhah and Saqib, you will find some who are dead, and others who are living. In this couplet by the "living", the poet means such persons as were slain in battle but whose blood was avenged, and by the "dead" he means those whose blood was not avenged.

Commentary:

The teaching about صبر (steadfastness) naturally brings in the question of sacrifices that Muslims were making in the cause of Islam. Therefore the Quran suitably refers here to the subject of martyrdom. Death is not the end of life, and in this respect believers and unbelievers stand on the same footing and the martyrs too enjoy no distinction. Nor would it be wrong to speak of them as dead in the ordinary sense of the word. But the word احیاء (living) has been used here about martyrs in a special sense.

As explained under Important Words above, the word حی (living) is also applied to him whose work, or, more properly speaking, the cause for which he lays down his life, does not come to an end with his death. The verse, therefore, points out that those who lay down their lives for Islam should not be regarded as dead, because the cause for which they give their lives still stands and is all the more strongly upheld by others who take their places.

Again, according to the Arabic idiom, حی (living) is also one whose blood is avenged. The verse, therefore, implies that as full satisfaction is taken for the blood of Muslims killed in the way of God, not only in the sense that far more non-Muslims join the fold of Islam than those killed in the wars but also in the sense that the number of non-Muslims killed is much larger than those killed among the Muslims, therefore Muslim martyrs are not really dead.

The word حی (living) may possess yet another significance. As a rule, life after death does not fully begin immediately after death. The soul of man continues in a state of torpor for sometime after death. This period varies with different persons according to the degree of their spiritual purity. As martyrs sacrifice their lives for the sake of God, their souls do not remain long in torpor but are quickly revived into a new life. This is one of the reasons why martyrs are called living, not dead.

The verse comprises a great psychological truth which is calculated to exercise immense influence on the life and progress of a people. A community that does not duly honour those of its members who lay down their lives for the cause for which the community stands, sows the seed of its own ruin. Again, a community which does not arrange to remove the fear of death from the hearts of its members, seals its own fate. The verse under comment provides an effective safeguard against both these dangers.

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.

4:76; 8:40; 9:13; 22:40; 60:9, 10.

Important Words:

سبیل الله (the cause of Allah) literally means, "the way of Allah". Anything done to remove the obstacles hindering people from approaching God or accepting His religion is termed فی سبیل الله i.e. in the cause of Allah; also anything done to further the cause of Allah or any act performed in compliance with God’s commandment. Thus holy wars, missionary campaigns, Pilgrimage, search of knowledge, etc. in fact anything done to further the cause of goodness and virtue as commanded by God is فی سبیل الله.

Commentary:

The subject relating to the attainment of virtue and piety and the incidental mention of Pilgrimage naturally diverts one’s attention to the obstacles that were being placed in the way of Muslims by disbelievers who were making them victims of all sorts of wrongs and even prevented them from approaching their Qiblah in Mecca. The Quran, therefore, fittingly turns here to the subject of religious wars.

The verse contains the gist of the conditions which should regulate a religious war and which were made binding on Muslims. The conditions mentioned in this verse are four in number:

(1) Such a war should truly be فی سبیل الله i.e. undertaken with the object of removing obstacles placed in the way of God and His religion. Any war that is not فی سبیل الله is not a lawful, religious war.

(2) Such war is allowed only against those who first take up arms against Muslims as the words. الذین یقاتلونکم (those who fight against you), indicate.

(3) Great care should be taken that women, children and old men of the belligerent nation who do not take actual part in the war against Islam are spared, for religious war is allowed only against those who fight against you. If, however, an old man or a woman takes actual part in the fighting, the responsibility lies on him or her and in such a case he or she loses the concession. Says the Holy Prophet: "Do not kill an old man or a child or a woman, and always try to improve things and reform matters and act kindly towards others, for Allah loves those who act kindly" (Dawud).

(4) Muslims should bring the war to an end as soon as the enemy desists from fighting, for in this case further fighting is not permissible, as the words لاتعتدوا i.e. do not transgress; surely Allah loves not the transgressors, clearly prove. What a just and noble teaching and how tersely and beautifully expressed!

2:218.

Important Words:

ثقفتموھم (you met them) is derived from ثقف. They say ثقفه i.e. (1) he faced him or he met him; (2) he caught hold of him; (3) he got the better of him (Aqrab).

فتنة (persecution) is derived from فتن. They say فتن فلانا i.e. he led him astray; he tried or tested him. The expression فتن فلاناعن رأیه means, he prevented him from holding his views. The words فتن الصائغ الذھب mean, the goldsmith melted the gold in the crucible to ascertain its genuineness. فتنه means, he put him in a state of trial or persecution. Thus فتنة means: (1) trial; (2) torture and persecution; (3) divergence of views among men and the disputes and fighting that take place as a result thereof (Aqrab). See also 2:103.

Commentary:

The verse relates to conditions when a war has actually broken out. Obviously it does not apply to all disbelievers, for it only says, "kill them" and not "kill the disbelievers". The pronoun "them" clearly refers to, those who fight against you, as mentioned in the previous verse. The verse calls upon Muslims to fight against only such disbelievers as take up arms against them. It does not call upon them to slay each and every disbeliever that may happen to come in their way. Indeed this verse affords a remarkable instance of the way in which the plain words of the Quran are generally distorted by the opponents of Islam.

The clause, and drive them out from where they have driven you out, refers to the time when the enemies of Islam compelled the Holy Prophet and his Companions to flee from Mecca. It enjoins Muslims to bear in mind that they have eventually to conquer Mecca which being the centre and the most sacred place of Islam, no non-Muslim would be allowed to remain in it.

The clause, persecution is worse than killing, provides an argument in support of defensive war. The disbelievers were persecuting Muslims in diverse ways with a view to turning them away from their faith and they were also creating disorder in the land. It was certainly better to put a stop to this state of affairs by fighting against the aggressors than to allow it to continue. There are circumstances when, to every right-thinking man, war becomes necessary.

The words فتنة (persecution) and قتل (killing) may be interpreted in another way also. فتنة means, "persecution or war waged against a people with a view to turning them from their faith", and قتل means, "an ordinary secular war". Now the verse points out that a war of religious persecution is worse than an ordinary war; for, firstly, worldly interests are nothing as compared with matters of faith; and secondly, wars caused by religious differences are more bitter and cruel, and seldom come to an end.

The clause, and fight them not in and near the Sacred Mosque until they fight you therein, contains a very important principle. Even after the declaration of war, there are restrictions to be observed, and Muslims should never be the first to break them. The sanctity of the holy precincts of the Ka‘bah must be safeguarded even in time of war. If, however, the other party violates its sanctity, Muslims may retaliate so that the attacking party may thereby be brought to its senses.