Ruku 23 ع

2:190.

76:9.

9:4; 13:21.

2:215; 6:43; 7:95.

49:16.

Important Words:

البر (righteousness) is derived from بر. They say بر والدہ i.e. he obeyed his father or he behaved kindly and lovingly towards him. بر الله means, he obeyed God. بر فی قوله means, he spoke truthfully. برت الصلوة means, the Prayer was accepted. بر(birr) therefore, means: (1) a gift or favour; (2) obedience; (3) righteousness; (4) truthfulness (Aqrab); also (5) extensive goodness or goodness of a high order (Mufradat). And بر (barr) is one who does good to others. It is also one of the attributive names of God (Aqrab).

ابن السبیل (wayfarer) literally means, son of the road. The word signifies: (1) one who travels much (Lane); (2) a traveller or wayfarer who is far away from home, i.e. one who is on a long journey (Mufradat); (3) simply one on journey; (4) one whose way has been cut short to him, i.e. one who is stranded on the way (Aqrab).

الرقاب (captives) is the plural of رقبة (a captive or a slave) which is derived from رقب. They say رقبه i.e. he waited for or looked for him; he watched or guarded him; he was on his guard against him; he put a rope round his neck. رقبة means: (1) neck; (2) the hinder part thereof; (3) a person or being possessing a neck; (4) a slave or bondman or captive or prisoner, particularly a slave or captive who has contracted with his owner or custodian for his freedom. Thus the expression فی الرقاب would mean, in the ransoming of slaves or captives, etc. (Aqrab, Mufradat & Lane).

الباساء (poverty) and الباس (war) are both derived from بؤس orبئس i.e. (1) he was or became strong and valiant in war or fight; (2) he was or became in a state of great want or poverty or distress. الباساء means: (1), distress; (2) poverty; (3) hardship; (4) misfortune; (5) calamity; and (6) war. And البأس means (1) might or strength in war or fight; (2) courage, valour and prowess; (3) war or fight; (4) fear; (5) punishment or torment; and (6) harm or injury, as in لاباس به i.e. there is no harm in it (Lane & Aqrab). See also below.

الضراء (afflictions) is derived from ضر meaning, he caused him a loss or an injury. الضراء means: (1) vicissitudes of time; (2) hardship; (3) loss of life or property; (4) afflictions; and (5) famine (Aqrab). الضراء is especially that evil or affliction which relates to one’s person, as disease, etc. whereas البأساء is that which relates to property, as poverty, etc. (Lane).

Commentary:

The verse points to an important principle relating to form and spirit. Every commandment must have an outward form as well as an underlying spirit. What, however, is really meant is the underlying spirit and not the outward form which mostly serves as an outer shell for preserving the inner kernel. To illustrate this principle, the verse refers to the commandment relating to the turning of faces to a particular direction while offering Prayers. The verse points out that Islam has not directed the Faithful to face in a particular direction during Prayers, because it considers such an act to be of any intrinsic virtue. The fixing of a special direction is merely meant to bring about uniformity, whereas what really counts is the purpose underlying it, which is perfection of faith and deeds. The Quran, accordingly, proceeds to give in a nutshell the Islamic teachings about these two subjects.

The literal translation of the clauses ولکن البر من آمن is, "but righteousness is one who believes" which is obviously incomplete. So some words must be understood here. According to Sibawaih, a great authority on Arabic syntax, the rules of the Arabic language sometimes permit the omitting of a word for the sake of brevity or for laying special stress or for affording greater elasticity in speech. In accordance with this rule, the clause would read: ولکن البر من آمن i.e. "but righteousness is the righteousness of one who believes." Instances of such omissions of words are not lacking in the Arabic language (Sibawaih, i. 109).

According to yet another rule of the Arabic language, a مصدر (infinitive noun) is sometimes used in place of an اسم فاعل(active participle) in order to convey an intensified sense. Thus the word بر (righteousness) in the verse would mean بر الکامل i.e. "perfectly righteous or very righteous," and the clause would be translated as "perfectly righteous or very righteous is he who believes in Allah…"

The pronoun in the expression حبه (love of Him) may refer either to the word "Allah" in the previous clause, and in that case, the clause آتی المال علی حبه would mean, "spends his money for love of God". Or it may refer to the word مال(money). In this case, the clause would mean, "spends his money notwithstanding his love for money". Lastly, it may also refer to the noun implied in the verb آتی i.e. the act of spending. In this case the clause would mean "spends his money for the love of spending it". All these meanings are correct and may be applied. Indeed, it is one of the inimitable beauties of the Quranic diction that it chooses words and constructions that go to convey a variety of meanings in the shortest of expressions.

The verse affords another example of this kind in the expression ابن السبیل (son of the road). As explained under Important Words, this expression gives no less than four meanings and all are equally applicable here. So spending on ابن السبیل would signify (1) spending money in order to encourage travelling, which is a means of increasing knowledge and extending social relations; (2) helping such travellers as are on long journeys and are far away from home; (3) helping all wayfarers; and (4) helping such wayfarers and travellers as become stranded on the way. This is indeed a wonderful example of the combination of brevity and comprehensiveness. The verse also throws some light on the Islamic teaching about slavery. Islam prescribes it as a sign of true faith and perfect righteousness that money be spent on emancipating slaves. Nay, even such as are made captives from among those who attack Muslims with a view to annihilating them, are to be shown mercy and granted freedom out of money supplied by Muslims. For the discussion of Islamic teachings about slavery see 24:34.

The word الصابرین (the patient) in this verse is in the accusative case, while, according to the common rules of Arabic grammar, it should be in the nominative case like the preceding word الموفون (those who fulfil). The change is not without purpose and has been made to put emphasis on the word. According to Abu ‘Ali, a well-known authority on Arabic syntax, when a sentence contains a number of nouns of praise or dispraise, it is considered idiomatic to vary their grammatical inflection (Muhit, part ii). This is done to intensify the meaning.

As pointed out in the beginning, this verse gives a gist of the teachings of Islam. It begins with the fundamental Islamic beliefs and doctrines which are the source and basis of all actions and on the rectitude of which depends the rectitude of' one’s actions. The most fundamental of these is belief in God Who is the central point of all faith. Second in importance is belief in the Last Day or the Day of Judgement, upon a real understanding of which depends the direction of man’s actions in this life. Then follows belief in angels who serve as a sort of intermediaries between God and His creation. Then there are Divine Scriptures embodying God’s revelation which point out the way to the attainment of His pleasure and the purification of man’s soul. Lastly are Prophets who are the recipients of God’s revelations, communicating to man the will of God and serving as models to be followed and imitated by him. These five objects of faith have been mentioned here in their natural order and not necessarily in order of importance.

After stating the fundamental objects of faith, the verse proceeds to mention some of the more important ordinances relating to man’s actions. Pride of place is given to charity which a man gives not as a duty imposed on him, but as prompted by love, solicitude and sympathy for his kinsmen and fellow beings or out of love for common humanity. Next come the commandments regarding Prayer and Zakah which help to establish a true connection between God and man on the one hand and regulate relations between man and man on the other. Finally are laid down the two bulwarks of character and morality, i.e. (1) the redemption of promises and pledges; and (2) the displaying of fortitude, patience and steadfastness in time of distress, the first-mentioned forming one of the bases of international morality and the latter the means of its perfection.

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:

اولوا الالباب (men of understanding). الباب is the plural of لب (lubb) which is derived from (labba) meaning, he was or became possessed of لب i.e. understanding, intellect or intelligence. لب بالمکان means, he remained or dwelt in the place and kept to it. لب اللوز means, he broke the almond and took out its kernel. لب therefore, means: (1) the best and choicest part of anything; (2) kernel; (3) pith; (4) heart; (5) mind; (6) understanding, intellect and intelligence, because it is the choicest and best part of man; (7) the substance or essence of a thing (Lane). لب is something higher and purer than عقل (understanding), being the brightest and best part of it (Mufradat). It appears that لب is the name given to that quality in man which distinguishes him from other animals and makes him a rational being.

Commentary:

This verse, small in size but great in weight, points to the wisdom underlying the law of retaliation. The words used are full of beauty of diction of the highest order. As قصاص means the killing of the murderer in retaliation of his act, the expression is like saying, "There is life for you in death, O men of understanding." How fearful the saying but how eternally true! In fact, no peaceful social life is possible without the awarding of swift capital punishment to those who consider human life to be of so little consequence.

The clause, there is life for you in the law of retaliation, has a wider significance also. For a long time Muslims suffered at the hands of disbelievers indignities, persecution and even death in patient silence. But, when the cup of the iniquities of the enemies of truth became full to overflowing, further continuation of the policy of non-resistance became tantamount to the demoralization of the victims and their national death. They were, therefore, enjoined to take up arms against the aggressors and pay the wicked people in their own coin. Indeed in the law of retaliation lies hidden the secret of individual and national life. You retaliate and you live; you refrain from retaliating and you die an ignoble death. Such is the eternal and inexorable law of nature which has been so beautifully expressed in the verse under comment.

The words, O men of understanding, have been used to make a direct appeal to that quality in man which makes him a rational being and distinguishes him from other creatures. The Quran uses this expression whenever a strong appeal is to be made to man in his capacity as a rational being. God, as it were, says to men: "We have made you the noblest among Our creation and have bestowed on you the power of understanding and intelligence as We have bestowed it on none other. Will you not, therefore, be wise and try to understand things?"

4:12, 13, 177; 5:107.

Important Words:

خیر (much wealth) means: (1) good as opposed to evil; (2) wealth acquired or collected by fair and praiseworthy means; (3) much wealth or abundance of wealth; (4) a thing that all desire; (5) welfare and good fortune (Mufradat); (6) the existence of a thing in abundance and perfection; (7) horses, etc. (Aqrab).

حقا (obligation) is derived from حق and has been used in the verse in the accusative case, having something understood before it, the complete expression being حق ذالك حقا (Kashshaf). الحق means: (1) equity or justice; (2) right mode of acting; (3) an obligation or a duty; (4) a debt or anything that is owed; (5) a thing suitable to the requirements of justice, truth, duty, etc. (Lane). See also 2:148.

Commentary:

As disputes about inheritance are a fruitful source of quarrels, murders, etc., the Quran here suitably turns from the subject of retaliation to that of inheritance.

The word used here for "wealth" is خیر and not مال which is the ordinary word used in this sense. خیر means, "wealth acquired by fair and praiseworthy means". Thus by substituting the word خیر for مال, the Quran has also emphasized the necessity of being very circumspect in the acquisition of wealth which should be acquired only by fair and lawful means. Incidentally, therefore, it has been hinted that it is not lawful for a Muslim to make a will with regard to property that has been acquired by unlawful means; for such wealth does not really belong to him.

In 4:12, 13 the Quran fixes the shares of all those persons who should succeed to a deceased person’s property, according to the Islamic law of inheritance, and these in the first instance include parents, children, and wife or husband. In the presence of this law, the injunction given in the verse under comment would, at first sight, appear to be uncalled-for and unnecessary. As a matter of fact, those who believe in the abrogation theory, have actually declared this verse to be abrogated by the ones referred to above. But they are clearly mistaken; for the verse under comment makes an additional and necessary provision in regard to inheritance. Not seldom there come forward claimants who allege that a deceased person had bequeathed such and such portion of his property to them, and even witnesses are not wanting to support their claims. The rightful heirs, not knowing anything about it, naturally suspect the claim. The result is quarrel and litigation. Every Muslim is, therefore, enjoined to make a proper bequest at the time of his death that his property be divided among his heirs, i.e. parents, children, wives, etc., according to the Law of Islam, stating therein also the portion of any other individual who is not legally entitled to inherit from him but to whom he may wish to bequeath some of his wealth. Such a declaration made with the knowledge of his heirs and relatives is calculated to put a stop to much litigation. Such a provision is all the more essential in cases when the property or wealth is considerable.

The verse also throws out a hint that a Muslim should, before his death, bequeath a part of his property, not exceeding one-third, to such of his relations as have been debarred by Law from inheriting from him, for instance, distant but deserving relations, non-Muslim parents, non-Muslim children and so on. In such a case the remaining two-thirds will go to his lawful heirs. As to the restriction relating to one-third, it may be noted that the Holy Prophet has made it clear that no testator can bequeath more than one-third of his wealth to others than the lawful heirs. At least two-thirds of the property must go to the heirs (Bukhari).

Islam excludes non-Muslim relatives from the category of heirs to avoid complications. For instance, the near relatives of a deceased person might belong to a people who are at war with the Muslims or in open hostility toward them. In that case, to put money into their hands would be to damage the cause of Islam and injure one’s own interests. Non-Muslim relatives have, therefore, been excluded from lawful heirs so that they may not claim their part of the inheritance as of right. The Quran, however, instructs Muslims to leave to them a part of their property by a special will, so that, in case such property is not likely to be used against the interests of Islam, the former may in this way discharge the obligations they owe to the latter as kinsmen. Another reason for excluding non-Muslim relatives from the category of heirs is that generally non-Muslims do not in practice allow their Muslim relatives to succeed them as heirs. There is no sense, therefore, in allowing Muslim wealth to flow to non-Muslims where no such flow takes place the other way.

The verse serves yet another purpose. According to the Law of Islam, as generally accepted, the grandchild of a deceased Muslim is debarred from inheritance in case the former’s father has predeceased the latter. The Quran, therefore, directs that a portion of the property may be left by a special will by a dying Muslim for such of his relatives as are otherwise rightful heirs but cannot inherit owing to some of their near kinsmen having predeceased them.

The verse must not be understood to lend itself to the interpretation that the heirs whose portions have been definitely fixed by the Law, can be given more than their prescribed share. This is expressly forbidden by the Holy Prophet (Tirmidhi, ch. on Wasaya).

Commentary:

If a person makes a will in compliance with the above commandment, but his heirs, finding it to be prejudicial to their interests, alter it or hinder its execution, the blame and the responsibility for consequences will lie on those who tamper with the will and not on the maker of the will. Apparently, the verse seems to be superfluous; for what it says is obvious, i.e. the responsibility of any subsequent alteration cannot lie on the testator. But deeper consideration would show the futility of such an idea. In fact, the verse serves three important purposes. Firstly, it warns the testator that fear of any subsequent alteration should not deter him from making the will. Secondly, that he should act intelligently and cautiously and should try to foresee and forestall all possible mischief by his heirs. Thirdly, the verse warns the heirs and their friends that any alteration made by them in the will will bring them under the wrath of God Who is All-Knowing.

Important Words:

جنفا (partiality) is the infinitive noun from جنف. They say جنف عن الطریق meaning, he deviated from the right path. جنف فی وصیتهmeans, he acted wrongfully in his will. جانف اھله means, he kept away from his family out of anger and not for a just cause. تجانف لاثم means, he inclined towards sin. So جنف means: (1) inclining to sin, etc. (2) deviating from the right course; (3) acting unjustly or wrongfully; (4) keeping away from rightful things (Aqrab).

Commentary:

If someone should have reason to fear that the testator is showing undue favour to any particular person or party, or that he is acting contrary to Islamic Law, it would be no sin for him to bring about reconciliation between the parties concerned by removing the cause of displeasure or disagreement between the testator and his heirs and thereby having the will altered in accordance with the requirements of justice and Islamic Law. The words, it shall be no sin for him, do not mean that such pious intervention is simply an act of negative virtue. The expression has been used lest, in view of what has been said in the preceding verse regarding the sinfulness of the act of alteration in a will, some overcautious people should hold aloof even when they see an unjust inclination on the part of the testator. The verse thus really means that such an interference, far from being an act of sin, is an act of virtue which is sure to draw God’s mercy.

The concluding clause reminds the testator that God is Forgiving, so that if he mends his error, He will be pleased to forgive him. The declaration that God is Merciful, also serves as an inducement to other Muslims to intervene, if it is felt that the testator is unduly partial to one party, to the detriment of the other. In that case they should readily step in and set things right, for which God would give them an ample portion out of His mercy. Thus the word غفور (Most Forgiving) relates to such testators as return to the right course when reminded to do so, and the word رحیم (Merciful) relates to those persons who succeed in persuading the testator to revert to the path of rectitude and justice.