اُنۡثٰی

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:

مریم (Mary) was the mother of Jesus. She was probably named after the sister of Moses and Aaron, known as Mariam (later pronunciation Miriam). The word, which is probably a compound one consisting of مر and یم it possesses, in Hebrew, a variety of interpretations, some of them being "bitter sea"; "drop of the sea"; "star of the sea"; "bitterness"; "mistress" or "lady". From two alternative roots Mariam might also mean, "the rebellious", or "the corpulent" (Enc. Bib. under Mary). It also means "exalted" (Cruden’s Concordance). Muslim traditionists ascribe to the word the meaning of "pious worshipper" (Kashshaf).

الرجیم (the rejected) is passive participle from رجم. They say رجمه i.e. he pelted him with stones; he smote and killed him; he drove him away; he cursed him; he boycotted or forsook him; he reviled or abused him. رجم الرجل means, the man said a thing on conjecture. رجم القبر means, he put up a stone at the tomb to serve as a sign. الرجیم means: (1) one whom God has driven away from His presence and mercy, i.e. the one rejected; (2) one whom God has cursed; (3) one who has been forsaken and abandoned; and (4) one who has been pelted with stones (Aqrab & Lane). It also means, one driven away or deprived of all goodness and virtue (Mufradat).

Commentary:

Mary’s mother had made the vow in the hope that she would be blessed with a son whom she would dedicate to the service of God. Instead a daughter was born to her. So she was naturally perplexed.

The words, Allah knew best what she had brought forth, form a parenthetical clause spoken by God whereas the following words, the male was not like the female, may be taken to have been either spoken by God or by Mary’s mother. Most probably they are God’s words and mean as rendered in the text, that the female child she had brought forth was superior to the male child she desired to have. If taken to have been spoken by Mary’s mother, they would mean that the female child she had given birth to could not be like the male child she desired, inasmuch as only a boy was fit to do the special service to which she desired to dedicate him.

The clause, I have named her Mary, contains an implied prayer to God to make the girl as exalted and as good and virtuous as the name Mary, meaning exalted or a pious worshipper, signified.

The words, I commit her and her offspring to Thy protection from Satan, the rejected, offer some difficulty. If Mary’s mother intended her child to be dedicated to the service of God, she must have known that the child would remain unmarried for life. What is, then, the sense in offering prayer for the child’s offspring? The most probable explanation is that God had told her in a vision that her daughter would grow up to womanhood and would have a child, whereupon she prayed that Mary and her child might both be granted God’s protection from Satan, the rejected. In spite of this, however, she appears to have left the future of Mary in God’s hand and dedicated her, as she had originally intended, to the service of God (3:38; 3:45; also Gospel of the Birth of Mary). This must have been an exceptional case, for ordinarily only males were eligible for such dedication. The assumption that Mary’s mother had a vision that her daughter would have a son is not unfounded. It finds mention in the Gospel of Mary (3:5) though perhaps in a somewhat different form.

There was nothing unusual about the prayer of Hanna, Mary’s mother, that Mary and her offspring might be protected from satanic influences. All pious parents are actuated by such a desire for their children and pray that they should grow up to lead good and virtuous lives. But unfortunately this simple and natural prayer of Mary’s mother, coupled with a saying of the Holy Prophet to the effect that Mary and her son Jesus were free from the touch of Satan, has given rise to widespread misunderstanding and has been made the basis of an entirely erroneous and misleading belief among a section of Muslims, besides affording to Christians a welcome excuse for attacking Islam. A section among the latter-day Muslims has come to believe that of all men and women, Jesus and his mother, Mary, alone were immune from the evil influences of Satan.

As hinted above, this doctrine is based on a tradition of the Holy Prophet which says: "No child is born but Satan touches it at the time of its birth and makes it cry, except Jesus and his mother Mary" (Bukhari). Unfortunately, this saying of the Holy Prophet has been shorn of its true setting and utterly misunderstood. These words of the Prophet, besides being not strictly relevant as they refer only to the touch of Satan at the time of the birth of a child and not absolutely, were necessitated by the fact that the Jews, out of their enmity towards Jesus, charged him and his mother with the infamous accusation that, God forbid, Mary led an immoral life, and conceived out of legal wedlock, and that consequently Jesus, her son, had an illegal birth. It was to refute this filthy charge that the Holy Prophet uttered the above-quoted words. So this saying of the Prophet is not intended to be general but has only a particular significance with a specific setting. In fact this hadith mentions the names of Jesus and his mother Mary only by way of citing an instance and what is meant is that all mortals born of a woman are likely to come under the influence of Satan except such as possess moral and spiritual qualities like unto those possessed by Mary and her son. The Arabic language is not wanting in instances where a person is named not in his individual capacity, but as representing a class of people (Kashshaf & Manawi). The names of Jesus and Mary have been specifically chosen because of the aspersion upon them by the wicked Jews. Another equally good interpretation is that the words "no child is born" occurring in this hadith are, as hinted above not general but have been used in a restricted sense, signifying not all children absolutely but only such children as were born out of wedlock in the days of Jesus, and the name of Mary has been added because it was her abnormal conception that occasioned such birth of Jesus. Another saying of the Holy Prophet supports this interpretation. Says he, "every child is born in the likeness of Islam; it is only his parents that make him a Christian, a Jew or a Fire-Worshipper" (Bukhari). So the "touch" of Satan referred to in the foregoing hadith cannot be general; it must be taken in a restricted sense.

That Jesus and his mother are not alone in being free from the touch of Satan is clear from a number of Quranic verses and several sayings of the Holy Prophet. To quote only one instance from each, the Quran says: (O Satan,) surely thou shalt have no power over My servants, except such of the erring ones as choose to follow thee (15:43). And the Holy Prophet says: "If a person goes in unto his wife praying, 'O my Lord, keep me away from Satan and so too, keep away the child you grant me', and the wife conceives on such an occasion, the child born will be free from the touch of Satan" (Bukhari).

As for himself personally the Holy Prophet says, "Every one of you has a satan attached to him (who tries to lead him astray) but God has helped me against my satan who has turned Muslim, i.e. obedient and submissive" (Musnad). This means that so far as the Holy Prophet was concerned, Satan had become virtually non-existent. This is certainly a much more exalted position than mere protection against the attack of Satan. Truly has the Prophet remarked, "If Moses and Jesus had been alive, they would have found themselves forced to follow me" (Kathir).

Finally, it may be noted that though Islam declares all Prophets of God to be virtually safe from the influence of Satan, the Bible does not ascribe this protection to Jesus for the New Testament clearly states at a number of places that he was tempted by the Devil for no less than forty days (e.g. Mark 1:12, 13).

4:125; 16:98; 20:113; 16:42.

22:59, 60.

See 2:26.

Commentary:

As this Surah mainly deals with Christian doctrines and ideals and their way of life, and as Christianity, in spite of its claims to the contrary, gives woman a status definitely inferior to that of man, the insistence on the equality of the status of woman with man in the spiritual sphere forms a fitting sequel to it. At several places in the Quran, believing men and believing women are addressed in the same language and are made equally subject to the same commandments and entitled to the same rights and privileges. Briefly, Islam recognizes the equality of the social and religious rights of man and woman. The words, you are from one another, are intended to emphasize the equality of status mentioned in the preceding part of the verse.

The verse also constitutes an effective refutation of the charges of the Shias against the Holy Prophet’s Companions whose failings and shortcomings, if any, were all forgiven by God in view of the good works they performed.

40:41.

Commentary:

The verse is important inasmuch as it clearly places men and women on the same level so far as works and their rewards are concerned. Both alike are servants of the Lord and both are equally entitled to a good reward, if they do good works. It is indeed strange that in spite of such explicit teaching some Christian missionaries should have the hardihood to bring against Islam the charge that according to it women, unlike men, are devoid of souls.

It should also be noted that true belief is a necessary condition for salvation, as the words, and is a believer, clearly indicate.

35:12; 41:48.

15:22.

Important Words:

تغیض (diminish) is derived from غاض which means, it (water) became scanty and sank into the earth; or it (flow of milk or price of a commodity, etc.) decreased or diminished or became deficient. The Quranic expression ما تغیض الارحام means, the wombs falling short of completion so that the foetus dies. The Arabs say غاض الکرام و فاض اللئام i.e. the generous became few or perished and the mean became many. غاض is also used transitively meaning he made (water, etc.) to become scanty; to decrease or diminish (Lane).

Commentary:

In v. 4 we were told that all things in the universe have pairs and that in the spiritual world also some individuals act like males and others like females, the former exercising influence and the latter receiving it. In the verse under comment the Quran intends to point out that in the person of the Holy Prophet there has appeared one who is spiritually a male and that nobody can attain any spiritual rank without receiving his stamp or being influenced by him. The words, Allah knows what every female bears, and what the wombs diminish and what they cause to grow, mean that God knows well the natural capacities and aptitudes of the Holy Prophet’s people, and whether they will accept divine or satanic influence and which influence will grow and which will decline. The verse hints that those who accept the Holy Prophet and receive his stamp will grow and increase in power, influence and numbers, natural capacities and talents, while his opponents will decline and decrease till their physical and spiritual progeny will be destroyed altogether. Taken in the physical sense, the verse means that only God knows what will become of future generations of disbelievers. Their future generations will accept Islam and their females will bear only such children as are destined to become servants of the Holy Prophet. And this proved to be actually the case. By far the greater part of the younger generation of the Meccans, and for that matter of other Arab tribes, accepted the Holy Prophet, to the great chagrin of their fathers whose tyranny and persecution could not prevent them from embracing Islam.

43:18.

3:196; 4:125; 20:113.

Commentary:

Whereas on the one hand the verse recognizes the equality of rights of men and women and promises both equal share in the favours that God will confer on them, on the other it tells disbelievers that, as they have degraded women, dominion and authority would be taken away from them and would be given to a people—Muslims—who will give women their due rights.

18:38; 22:6; 23:14; 36:78; 40:68.

Commentary:

By referring to the very humble and insignificant origin of man the verse draws attention to the lowly beginnings of Islam and the extremely poor condition of the early Muslims and implies a prophecy that just as out of an insignificant sperm-drop there grows a well-proportioned and fully-developed human being, similarly the lowly and poor Muslims will one day grow into a mighty community.

The latter part of the verse is related to what a female conceives and what she gives birth to, and to the lengthening and diminishing of a man’s life implies another prophecy that the progeny of opponents of the Holy Prophet will one day become devoted followers of Islam.

13:9; 35:12.

18:53; 28:63.

Commentary:

The "Hour" signifying the hour of the disbelievers’ doom, the verse means to say that God alone knows how the seed that the Holy Prophet has sown in the soil of Arabia would grow, and what kinds of fruit it would bear. If the fruits were rotten they would be destroyed but if they were wholesome and delicious they would be preserved with care, i.e. God alone knows whether the future Arab generations would accept or reject Islam, because on their attitude towards the new Faith would depend their salvation or destruction. The verse also seems to imply a prophecy that idolatry would completely disappear from Arabia and the future generations of the disbelieving Quraish would accept Islam.

10:28.

4:125.

Commentary:

The verse shows that whereas the requital of the evil deeds of disbelievers is proportionate to their deeds, the reward of the good deeds of believers is without limit or measure. This is the Islamic concept of Heaven and Hell, and what a beautiful concept it is!