Topic: Equality Of Man

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.

28:85; 99:8.

Commentary:

The verse shows that Islam is not a national or tribal religion, but that whoever joins it, no matter from what nation or creed he comes, will receive the same reward as any other follower of the Faith, provided, of course, he acts righteously. In Islam, no preferential or prejudicial treatment is meted out to the members of any particular nationality. A Jew, and for that matter any other man, after embracing Islam, is on a par with an Arab Muslim.

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.

4:130.

Important Words:

طاب (as may be agreeable). طاب الشیء means, the thing was or became pleasing, delightful, agreeable or delicious. طابت به نفسی means, my mind or my soul became pleased and satisfied with it. طاب العیش لفلان means, life became pleasant and free from cares for such a one. طاب عن الشیء نفسا means, he willingly parted with the thing (Aqrab & Lane).

مثنی (two) is derived from ثنی. They say ثناہ i.e. he doubled it or folded it; or he turned one part of it upon another. ثنیsignifies the repetition of a thing, doing it one time after another, or a thing or affair done twice. مثنی means اثنان اثنان i.e. two and two; two and two together; or two at a time and two at a time. Similarly, ثلاث means, three and three; three and three together; or three at a time and three at a time; and so is the meaning of رباع (Lane & Aqrab). The expression مثنی و ثلاث و رباع would thus mean, two at a time, or three at a time, or four at a time.

تعولوا (do injustice) is derived from عال which means:(1) he had a family or a large family; (2) he sustained and supported the family; (3) he was or became poor; (4) he acted unjustly and wrongfully, or he deviated from the right course.

Commentary:

The verse is important inasmuch as it permits polygamy under special circumstances. Islam allows (though it certainly does not enjoin) a man to have more than one wife up to four at a time. As the permission concerning polygamy has been given in connection with the subject of orphans, it should be taken to be primarily based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can best be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. This can generally happen in one of the following cases:

(1) A man has a number of orphans, including girls, to look after. He is unmarried and there is danger of his falling into temptation. In this case he should marry one or more girls, as the case may be, from among his wards and thus protect himself from falling into sin or from betraying his trust and acting wrongfully towards his wards.

(2) He is married, but his wife fails to treat the orphans properly. He may in such a case also marry one of his female wards so that they may have a good and separate home of their own.

(3) Some of his younger relations, e.g., brothers or sisters, become orphans, and he finds that he or his existing wife cannot properly look after them. In such an eventuality, he may marry a suitable woman of mature age who may treat them like a mother. It is on record that in similar circumstances Jabir, a young man and one of the Holy Prophet’s distinguished Companions, married a widow of mature age and when the Prophet asked him why he had not married a young girl, Jabir replied that he had done so that his wife might look after his brothers and sisters who were left orphans by the death of his father. The Holy Prophet was much pleased at this act of Jabir and prayed for him (Bukhari, ch. on Buyu‘).

(4) If a person is afraid that the orphans under his care being strangers to him, he may not treat them as kindly as he should do, he may establish direct relationship with them by marrying one of the female wards.

(5) If a person has a large number of orphans under his care and he finds that he cannot do full justice to them without marrying more wives than one, he is permitted to do so to the limit of four.

The words, two or three or four, signify that the last number marks the utmost limit. It is related that after this verse was revealed, the Holy Prophet asked those of his Companions who had more than four wives to keep any four of them they liked and divorce the rest, so that the number might not exceed four (Tirmidhi, ch. on Nikah).

A general note on polygamy is appropriate here. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may also arise in which polygamy may become a necessary remedy for many social or moral evils.

If only the objects of marriage be considered, the permission of the Quran to its followers to wed more wives than one, appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the community not to take advantage of this permission. According to the Quran, the objects of marriage are four, i.e. (1) protection against physical, moral and spiritual maladies; (2) peace of mind and the availability of a loving companion; (3) procreation of children; and (4) widening of the circle of relationship.

With respect to the first-mentioned object, the Quran says: "And allowed to you are those beyond that, (i.e. the cases mentioned in the earlier verses) that you seek them by means of your property—marrying them properly (and guarding yourselves against animal passions) and not committing fornication (and not indulging in unrestricted gratification) (4:25). The word محصنین occurring in the verse quoted above is derived from احصان which means, to seek protection from the attacks of an enemy by entering into a fort. Thus Islam regards marriage as a sort of fort, or a means of protection against moral and spiritual diseases. With respect to this object the Quran further says: They (your wives) are a garment for you and you are a garment for them (2:188). Now, the dress of a person serves a threefold purpose: (1) It protects him against the inclemency of weather; (2) it serves as an embellishment and adornment; and (3) it covers one’s private parts and any defects that may be in one’s physical formation. With respect to the second object the Quran says: And of His Signs is this, that He has created wives for you from among yourselves that you may find peace of mind in them and He has engendered love and tenderness between you (30:22). About the third object it says: Your wives are a tilth for you so approach your tilth when and how you like (2:224).

Now every one can easily conceive that one or all of the above-mentioned four objects of marriage, i.e. (1) protection against physical, moral and spiritual diseases; (2) procreation and propagation of the human race: (3) company of a life-long and loving companion and (4) widening of the circle of relationship are, sometimes, not realized in the case of one wife only. It is a hard fact which cannot be denied that there are persons whose sexual instinct is too strong to be satisfied with one wife. This is a physical necessity inherent in man and it is playing with fire to make light of this, the most powerful of all physical instincts. The only sane and proper course open to a man whose sexual powers are abnormally strong is to marry another, if one wife does not satisfy him. Such cases may be rare, but you cannot ignore their existence altogether. And a perfect religious system, as Islam claims to be, has to provide for the physical and spiritual requirements of all sorts of people. Again, if the wife of a person becomes a permanent invalid or suffers from a contagious disease, the object of marriage is certainly defeated if such a person does not marry another wife. Indeed, no course is left to him but either to contract another lawful marriage or, failing successfully to combat the attacks of his passions, to lead a dissolute life. And an ailing wife cannot make a good companion either, because, however worthy of regard and com- passion she may be, her company cannot give peace of mind to her husband in all respects. In the third instance, if the wife of a person happens to be barren, the natural and perfectly legitimate desire of the husband to have an issue to succeed him and perpetuate his name remains unfulfilled in the absence of a polygamous marriage. It is to meet the requirements of all such persons that Islam has allowed the contraction of plural matrimonial relations. If, however, in any of these cases a husband divorces his first wife, it would be a shame and disgrace for him. For instance, in the case of an invalid wife it would mean that he lived with her as long as she was whole and deserted her at a time when she most needed his protection. The only honourable course in such a case would be to look after the diseased wife tenderly and marry another woman who may fulfil the functions of a wife.

It will thus be seen that the objects of a polygamous marriage are, to a certain extent, the same as those of a monogamous marriage. When one or all of those objects are not realized by a monogamous marriage, a polygamous marriage becomes a necessity and is allowed. There are, however, other reasons which may also render it necessary for a person to have one or more wives in addition to the one whom he dearly loves and who also fulfils the objects of marriage. Those reasons are: (a) to protect orphans; (b) to provide husbands for marriageable widows and (c) to supplement the decreasing manhood of a family or community.

It is manifestly clear from the verse under comment in which permission is given to marry more wives than one that polygamy is resorted to particularly with a view to taking under one’s protection orphans left unprotected. The verse clearly states: If you fear that you will not be fair in dealing with orphans (under your protection), then marry of women as may be agreeable to you, two or three or four; and if you fear you will not deal justly (between your wives) then marry only one. The words hint that the mother of such orphans as are left in the guardianship of a person should preferably be married by him so that he should become directly related to, and more intimately connected with, them and thus become more interested in their welfare than he otherwise could be.

Again, the Quran says: And marry widows from among you (24:33). To provide husbands for widows is thus another object which the institution of polygamy fulfils. Muslims were perpetually engaged in fighting in the time of the Holy Prophet. Many fell in wars and left behind widows and orphans without near relations to look after them. The preponderance of women over men and an exceptionally large number of orphans with no one to look after them, which is the inevitable result of war, necessitated that to save the Muslim society from moral degeneration, polygamous marriages should be encouraged. The last World War also vindicated this useful institution of Islam. It left an abnormally large number of young women without husbands. Indeed, the great preponderance of females over males in the west, due to the appalling loss of manhood caused by the War, is responsible for the present awful laxity of morals which is eating into the vitals of western society. Young girls fail to get suitable husbands. But natural passions must be satisfied. The result is dissolution and depravity. In view of the moral depravity prevailing in many countries, who has the hardihood to deny the wisdom of the Islamic institution of polygamy? Many indescribable moral and physical evils have arisen in the west as the result of this preponderance of women over men, the only proper remedy for which is polygamy.

The institution of polygamy is also intended to meet the serious situation that follows in the wake of a war, when, besides other aspects of decline, the manhood of a nation becomes so depleted as to threaten national destruction. The fall of birth-rate, which is a potent cause of the decay of a people and from which some Western countries are badly suffering, can be effectively remedied only by resorting to polygamy. The West will never recover from the terrible moral and social diseases from which it is suffering as well as from the appalling numerical decline facing certain countries and communities unless, setting aside all false notions and false sentiments, it submits to the Islamic injunctions about polygamy. It is a sacrifice demanded of men and women alike—a sacrifice in which personal and passing sentiments are required to be partly ignored for the wider and permanent interests of whole communities and countries.

4:34.

Commentary:

This verse, without giving the details, forms the basis of the Islamic law of inheritance. Detailed rules are given in the succeeding verses. The verse lays down the general principle of the social equality of man and woman. Both are entitled to a suitable share in the property.

4:177.

Important Words:

کلالة (one who has neither parent nor child) is derived from کل i.e. he was or became fatigued, tired or wearied and could proceed no further; he was or became one having no child and no parent, the latter meaning being based on the former, as a person having no child or parent becomes, as it were, too fatigued for the racial march. کلالة is (1) a person who leaves behind neither father nor child, male or female; or (2) a person who leaves behind neither father nor son. According to Ibn ‘Abbas, کلالة is a person who leaves no son irrespective of the fact whether his father is living or not. This would thus be the third meaning of کلالة (Lane, Aqrab & Mufradat).

Commentary:

The first part of this verse determines the share of the husband and the wife in inheritance and needs no comment. The latter part deals with the case of a Kalalah, i.e. one who leaves neither parent nor child and whose property is inherited by his or her brother and sister. Now, if there is only one brother and one sister, each of them will get one-sixth. But if they are more than that, they will be sharers in one-third.

It should, however, be noted that in this respect brothers and sisters fall under three heads; firstly, real brothers or sisters, offspring of the same parents (such brothers or sisters are technically known as اعیانی a‘yani); secondly, brothers and sisters on the side of the father only (these are technically known as علاتی ‘allati); thirdly, brothers and sisters on the side of the mother only, their father being not the same as that of the deceased (such brothers and sisters being technically called اخیافی akhyafi). It is to the last-mentioned class that the commandment given in the present verse pertains; the law with regard to the first two classes of brothers and sisters being given in the last verse of this Surah.

The reader will further note that the shares allotted to the brothers and sisters of the last-mentioned class are smaller than those allotted to the brothers and sisters of the first two classes, the reason being that the brothers and sisters of this class are on the side of the mother only, while the brothers and the sisters of the other two classes are the children of the same father as the deceased.

It is also noteworthy that in the property of a person who dies as a Kalalah, as mentioned in the present verse, both brothers and sisters have equal shares, the usual ratio of two to one not being observed in their case.

The words, "without prejudice to the debt", are important. They mean that the payment of debts should not suffer by the payment of bequests. In other words, debts are to be paid prior to the payment of bequests. It was in compliance with this Quranic injunction that the Holy Prophet used to have the debts paid before the payment of bequests. The rights of other people must be safeguarded before any bequest made by the deceased is complied with. So strict was the Holy Prophet in these matters that he refused to perform the funeral service of the man whose debts were likely to remain unpaid.

It may incidentally be noted here that heirs are divided into two main groups:

1. ذووالفرائض (Dhawul-Fara’id), i.e. persons to whom Islam allots a fixed and definite share (1/2, 1/4, 1/8, 2/3, 1/3 or 1/6), or in the estate of a deceased person.

2. عصبات (‘Asabat), i.e. the heirs who receive the residue after the Dhawul-Fara’id have received their allotted shares.

It is, however, not necessary that a member of the first group should always remain a Dhul-Faridah. In certain cases, he may be both a Dhul-Faridah (sharer) and an ‘Asaba (residuary) and in other cases he may be simply an ‘Asaba.

The Dhawul-Fara’id (sharers) are 12 in number, four males and eight females. The males are: 1. father, 2. paternal grandfather, 3. husband and 4. half-brother on the maternal side. The females are: (1) daughter, (2) son’s daughter, (3) mother, (4) wife, (5) full sister, (6) half-sister on paternal side, (7) half-sister on maternal side, and (8) grandmother whether paternal or maternal.

The ‘Asabat (residuaries) are of four kinds: (1) ascendants of the deceased, i.e. father, paternal grandfather, etc. (2) descendants of the deceased, i.e. son, son’s son, etc. (3) descendants of the father of the deceased, i.e. full brother, brother’s son, etc. (4) descendants of the grandfather, i.e. full paternal uncle, paternal uncle’s son, etc.

4:35.

Commentary:

The first part of the verse means that: (1) One should not pray that God may give one the very thing which another man possesses; (2) One may, however, pray that God may bestow on one "the like of that" which has been given to another man; (3) That while praying, one should not keep in view any particular favoured person, wishing that God may make one like that particular person, for it may be the will of God to bestow His favours upon one in even a greater measure. One should only pray to God generally for His bounty and grace, for Allah’s bounty and grace are unbounded.

The words, Men shall have a share of that which they have earned, etc., contain the key to national progress and advance. Both men and women get what they earn and deserve. So we should not wish evil for others but should work and pray. This is the way to succeed in life and to win the pleasure of God. The words also reveal the equality of men and women so far as their work and reward are concerned.

9:19-20; 57:11.

Commentary:

The verse speaks of the different classes of believers only and not of hypocrites. Believers are of two classes: (1) Those who sincerely accept the truth and try to live up to the teachings of Islam but take no part in the struggle to defend and propagate the faith. These are, as it were, passive believers—"sitters" as the verse names them. (2) Those who not only live up to the teachings of Islam but also vigorously participate in the work of its propagation. These are active believers, the "strivers" or mujahids as they are called. The latter are far superior to the former in the sight of God. There is, however, a class of believers who, even though they do not join their brethren in actually fighting disbelievers, get an equal reward with those who take part in the actual struggle. These are referred to in the words "excepting the disabled ones". Their inability to take part in actual fighting is due to circumstances over which they have no control. They are heart and soul with the Muslims who are mujahid, wherever the latter go to fight in the cause of God; but their particular circumstances—disease, poverty, etc.—do not allow them to join the expeditions in person. Of these the Holy Prophet once told his Companions in one of his expeditions that there were men in Medina who were with them in every march they made and in every valley they traversed and who were getting the same reward. The Companions asked the Holy Prophet in surprise how that could be possible and who were those fortunate ones. "They are those of your brethren", replied the Holy Prophet, "who were eager to join us but were prevented from doing so by circumstances beyond their control." These are the ones in whose case the verse makes an exception in the words, excepting the disabled ones. But the actual "sitters", though entitled to good reward if true and sincere in their faith, were in no case on a par with the "strivers", neither in rank nor in reward.

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.

Important Words:

قبلة (so as to face one another) is derived from قبل. They say قبل المکان i.e. he came facing the house. استقبله means, he faced him or it; he turned his face to him. قابلة means, he was opposite to him. قبلة in the sense of متقابلة means, facing each other. It also means, direction; kind or class (Lane & Aqrab). See also 2:143.

مصر (town) means both Egypt and town.

Commentary:

The injunction to live in a town does not mean that the Israelites lived in the wilderness before this. The verse only emphasizes the necessity and usefulness of a civilized and corporate life. There is a general tendency on the part of the members of weak minority communities to live together in big towns.

In view of the different meanings of the word قبلة given under Important Words the Quranic expression اجعلوا بیوتکم قبلة may mean: (1) that the Israelites were instructed to live together so as to be able to help one another in time of need, because this object is only attainable when people build their houses near or facing each other; or (2) that the Israelites should have all their houses facing one direction, which figuratively means that they should be united by the bonds of brotherhood and should have a common goal or ideal; or (3) that all their houses should be of one class or kind, hinting thereby that there should exist a real tie of brotherhood between the rich and the poor and all should pull together as one team, because there can be no real tie of brotherhood when some members of a community live in palatial dwellings and others in wretched hovels.

To sum up, the verse lays down the following seven wise principles by following which a people can rise and prosper—(1) they should lead a corporate life; (2) they should be united; (3) they should fully co-operate with one another; (4) they should possess discipline and organization; (5) there should be no invidious distinction between the different classes; (6) they should continually invoke the help of God by prayer; and (7) they should be persevering. Finally, the verse contains an equally important direction for the head or leader of the community, which is that he should continue to give "glad tidings," i.e. he should speak words of encouragement and good cheer to his people because nothing is more detrimental to success than despair and despondency.

24:23; 30:29.

Commentary:

This verse contains another very important argument in favour of Divine revelation. The object and purpose of Divineguidance, it says, is not only to bring about reformation in religious beliefs and doctrines but also to maintain a just balance in the distribution of material wealth and political rights and power. It is a divine law that in every age some individuals or nations, by their superior intellect and harder work, come to acquire ascendancy and control over other individuals or nations. This is neither unfair nor unjust so long as proper opportunities are not denied to the less fortunate peoples also to make proper use of their talents and intelligence for earning the good things of life. But the "haves" have always set their face against all attempts by the "have-nots" to better their material condition and to have a share in the power and privileges the "haves" enjoy. The only way to save the world from the tyranny of those in possession of power and privilege and to open the doors of progress and advancement to real merit and talent and thereby to rehabilitate justice and equality among mankind is that God should send His Messengers. Their advent heralds a new era and the dispossessed and the "have-nots" have their rights restored to them.

So when people become separated from the era of a Prophet by a long time and vested interests grow and become entrenched and power and privileges flow from father to son and common people are denied all share in the government and even so-called religious leaders come to trade upon the superstitious fears of their followers and monopolize all religious authority and common men are not even considered competent to be consulted on religious or secular matters, God raises a Prophet who wages a relentless war against this tyranny and untruth and the so-called leaders who held the reins of power in their hands on the plea of supposed superior abilities are dethroned and man begins to breathe in an atmosphere of true freedom.

Briefly but very beautifully the verse has laid down the Islamic law with regard to private ownership. Whereas on the one hand Islam has recognized the right of private ownership by emphasizing the word their in the expression, "of their worldly gifts", it has, by using the words "will restore" (برادی) also accepted the principle of the collective ownership of all things by all human beings as such, because only that thing is "restored" to another person which belongs to him. In fact, Islam has accepted the principle of dual ownership of everything—the right of possession of a property by the person who earns it and the right in the possession of that property of all human beings as human beings. Moreover, by its institution of Zakah, the prohibition about hoarding wealth and taking and giving of interest, Islam has sought to prevent the accumulation of wealth in a few hands and thus by its free circulation has kept the avenues of progress equally open for all men. Islam, in reality, neither believes in the right of unrestricted private ownership nor in complete and unreserved possession of wealth and the means of its production by the State. It adopts the middle course.

Ordinarily, the words "whom their right hands possess" mean slaves, and in the Quran these words have generally been used in this sense; but they possess a much wider significance and include all persons under one’s control such as private servants, subordinates, labourers, ryots etc.

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.

Important Words:

المجوس (Magians) is derived from مجس (majjasa). They say مجسه i.e. he made him a Magian. The Holy Prophet is reported to have said,

ما من مولود الا یولد علی الفطرة فأبواہ یھودانه و ینصرانه و یمجسانه

i.e." Every child is born on the true Islamic nature but his parents make him a Jew, Christian or Magian" (Bukhari, Kitabul-Jana’iz & Muslim). المجوس (Magians) are a people who worship the sun and the fire; sometimes the word مجوسی is used for a magician or a philosopher. It applies particularly to the Zoroastrians whose sacred Book is Zend-Avesta. In later Arabic literature, the word is also used to denote the people of northern Europe (Aqrab & Enc. of Islam).

Commentary:

The present verse read in conjunction with 2:63 and 5:70, clears the misunderstanding to which these two verses are mistakenly understood to give rise. These verses do not bear the construction put upon them by some Christian writers, viz. that Christians, Jews and Sabians are equally eligible to salvation along with true believers. The Quran lends support to no such belief. According to it the only religion acceptable to God is Islam (3:20, 86). The present verse lays down only a criterion to test the truth of all these religions and not that it regards all of them as true. The implied criterion is that of all these religions the true one will prevail over others in the "Hour of Decision."

24:28.

Commentary:

This verse deals with some rules of social conduct. These rules are intended to dispose of those foolish prejudices that prevail among certain sections of human society and tend to restrict free intercourse between the rich and the poor. Islam enjoins complete social equality and is the avowed enemy of division of people within water-tight compartments. Here it has stressed the importance and usefulness of free social intercourse and collective dining among all classes of society, and has encouraged and preferred eating together to promote familiarity and to remove those bars that keep apart people of different social standing, though it has not disallowed eating separately.

The Arabs and Jews had scruples to eat with the blind or with persons suffering from certain social disabilities, as the Hindus of India even to this day do not eat or sit with the "untouchables". Islam looks askance at all such practices and encourages interdining and free intercourse among all classes and sections of people.

The expression بیوتکم (your own houses) includes the houses of one’s sons, and daughters because in the following list of the houses where one can eat freely the houses of sons and daughters are omitted while, being the nearest relatives, they should have been mentioned first of all.

9:112.

Commentary:

This verse embodies a most effective repudiation of the charge that Christian missionaries and publicists are in the habit of levelling at Islam, viz. that it accords a lower status to women. The Quran has repeatedly said that Muslim women stand on the same level with Muslim men, and that they can attain to all those spiritual heights to which men can attain. Besides, Islam confers on women all the political and social rights which men enjoy. Only their spheres of activities being different, their duties are different. It is this difference in duties of both the sexes that has been mistakenly, or perhaps deliberately, misunderstood by hostile critics of Islam as implying a lower status for women.

The ten outstanding attributes of Muslim men and women mentioned in this verse have been appropriately described in an ascending order.

The first stage of the spiritual development of a believer is that of اسلام which in this verse has been used in the sense of intellectual acceptance of truth. The next stage is that of ایمان which implies the giving of peace and safety to others and testifying to the Divinely-revealed Teaching. At the stage of اسلام a Muslim accepts truth because reason and common sense demand of him this acceptance, while at the stage of ایمان he combines emotions and feelings with reason, and becomes intellectually and emotionally a true believer. The third stage of spiritual development is that of قنوت which signifies total obedience to God’s commandments. At this stage the spiritual wayfarer finds himself irresistibly attracted towards his Creator, and his submission to Divine commandments proceeds from his love for the Supreme Being. The next stage in the spiritual journey is reached when a believer becomes صادق which means that he identifies himself completely with truth, and faces trials and temptations with complete equanimity. His faith becomes pure and free from all dross of hypocrisy and love of worldly things. The fifth stage is that of صبر; when identification with truth becomes a permanent feature of a believer’s character. The stage of خشوع is a still higher stage in spiritual progress. It indicates an attitude of humility which the believer develops after he has gained complete victory over trials and tribulations consequent upon the growing consciousness of his own weakness and that of the perfection and completeness of the Divine Being. The next stage is that of متصدق. At this stage the believer becomes conscious that he is not to live for himself alone but should share God-given blessings with other fellow beings. At the stage of صائم which is the next high spiritual stage the believer learns to sacrifice his own legitimate needs and comforts for the benefit of others and at the ninth stage of حافظین فروجھم he scrupulously guards all the avenues through which sin can find access to his mind. At the tenth stage i.e. الذا کرین الله, which is the last stage and which forms the climax of spiritual growth and development, the believer is so completely engrossed in God as to have become lost in His remembrance.

Important Words:

وطرا (want) has no verb. It means, a want, a need, an object of want or need; or that which one proposes to accomplish or of which one is desirous. They say قضی منه وطرہ i.e. he accomplished or obtained his want from him (Lane & Aqrab).

Commentary:

As the verse deals with an incident of very great historical importance, it demands and deserves a somewhat detailed explanation. Zaid bin Harith, to whom the words "on whom Allah had bestowed favours and on whom thou also had bestowed favours" refer, belonged to the tribe of Kalb. In his childhood he was kidnapped and sold as a slave in Mecca where he was bought by Khadijah’s brother and given over to her. On her marriage with the Holy Prophet Khadijah presented Zaid to him who at once emancipated him. Zaid was so much attached to the Prophet that when later his father and uncle begged of the Holy Prophet to let him go with them as the grief of his separation from home had almost killed his mother, the Prophet readily gave his permission. But Zaid himself flatly refused to part company with the Holy Prophet, exclaiming that he was dearer to him than his father and mother. The Prophet was so deeply touched by Zaid’s fidelity and love for him that he at once declared him (Zaid) to be his son and henceforward Zaid came to be known as the Prophet’s son. Zaid remained throughout his life a most beloved and faithful disciple of the Holy Prophet and sealed his fidelity to Islam and the Prophet with his blood on the battlefield of Mu’tah.

Zainab was the daughter of the Holy Prophet’s aunt, hence a full-blooded Arab, intensely proud of her ancestry and exalted social status. Islam had envisaged and given to the world a civilization and culture in which there were to be no class divisions, no hereditary nobility, no vested interests. All men were to be free and equal in the sight of God. The Holy Prophet wanted to start with his own family the carrying into actual effect of this noble ideal of Islam. He wished to marry Zainab to Zaid, who in spite of having been liberated by the Prophet and called his son, unfortunately still carried the stigma of slavery in the minds of some people. It was exactly this stigma of slavery, this invidious distinction between 'free' and 'slave' which the Holy Prophet sought to remove by Zainab’s marriage to Zaid. In deference to the Holy Prophet’s wish Zainab agreed to the proposal. The purpose of the Holy Prophet was achieved. The marriage levelled to the ground all class distinctions and divisions. It was a practical demonstration of Islam’s noble ideal. The marriage, however, ended in failure, not so much due to a difference in the social status of Zainab and Zaid as to the incompatibility of their dispositions and temperaments and also due to a feeling of inferiority from which Zaid suffered. The failure of the marriage naturally grieved the Holy Prophet. But it also served a very useful purpose. In pursuance of Divine command, as mentioned in the latter part of the verse under comment, the Prophet himself married Zainab, thus cutting at the very root of another obnoxious and deep-seated Arab custom, viz. that it was a sacrilege to marry the wife of one’s adopted son. The custom of adoption was abolished and with it went also this foolish notion. Thus Zainab’s marriage with Zaid served one very noble object and its failure another highly useful purpose.

The words "fear Allah" signify that Zaid wanted to divorce Zainab, and as divorce according to Islam is very hateful in the sight of God, the Holy Prophet exhorted him not to do so.

The clause, "And then…thou shouldst fear Him," may apply to both Zaid and the Holy Prophet. Applying to Zaid it would mean that Zaid did not like that the cause of his separation from Zainab should come to light, perhaps because as the words "fear Allah," indicate the fault lay more with him than with Zainab. As, however, applying to the Holy Prophet, the words would signify that as the marriage between Zaid and Zainab was arranged at his instance and wish, he naturally did not like its breaking. The clause also shows that the Prophet feared that the break-down of the marriage which was arranged by him and which had been entered into in deference to his special wish, but which resulted in an ostensible failure of the experiment in Islamic brotherhood, would cause some mental confusion and uneasiness among people whose faith was weak. This was the anxiety that lay heavy on the Prophet’s heart. The words, "thou didst fear men," seem to point to this fear of his. But, as mentioned above, God had His own purpose in the failure of this marriage. He wanted to show that there was nothing in this failure to be afraid of. On the contrary, it was a blessing in disguise and was intended to serve a great purpose and therefore the Prophet’s fear was unfounded.

Christian and other hostile Critics of Islam pretend to find in the Holy Prophet’s marriage to Zainab a basis for mean attacks on him. It is stated that the Prophet, having by chance seen Zainab, became enamoured of her beauty and Zaid, having come to know of his desire to marry her, sought divorce from her. The fact that the Holy Prophet’s most inveterate enemies, before whose eyes the whole affair had actually taken place, dared not attribute the base motives ascribed to him by these critics after so many centuries, completely knocks the bottom from under this base and totally unfounded charge. Zainab was the Prophet’s own cousin and being so closely related to him he must have seen her many times, for "Purdah" had not as yet been enjoined. Besides, it was in deference to his own persistently expressed wish that Zainab had reluctantly agreed to marry Zaid. It is on record that she and her brother had desired before her marriage with Zaid that she should be taken in marriage by the Holy Prophet himself. What wasit that prevented the Holy Prophet from marrying her when she was a virgin and when she herself ardently desired to get married to him? The whole story evidently seems to be a figment of the "fertile" imagination of the Holy Prophet’s hostile critics and it is an insult to human intellect to give the least credence to it. But while there are some Christian critics like Muir and Margoliouth who find fault with the Holy Prophet for having married Zainab, there are others better informed and more honest like the good and noble Rev. Bosworth Smith who found nothing in this marriage to cavil at. The Rev, gentleman says:

"It should be remembered, however, that most of Mohammed’s marriages may be explained, at least, as much by his pity for the forlorn condition of the persons concerned, as by other motives. They were almost all of them widows who were not remarkable either for their beauty or their wealth, but quite the reverse. May not this fact, and his undoubted faithfulness to Khadijah till her dying day, and till he himself was fifty years of age, give us additional ground to hope that calumny or misconception has been at work in the story of Zainab" - ("Mohammed and Mohammedanism").

Important Words:

شعوباً (tribes) is the plural of شعب (sha‘bun) which is inf. noun from شعب (sha‘ba) which means, he collected, brought together or united; or he separated, put asunder; divided or separated. شعب means, a great tribe; the parent of the tribes called قبائل, to which they refer their origin and which comprises them; a nation; a people; a cleft or crack (Lane & Aqrab).

قبائل (subtribes) is the plural of قبیلة which is derived from قبل which means, he accepted; he took or received willingly. قبیلةmeans, a tribe; a subtribe; a family; a body of men from one father or mother (Lane & Aqrab).

Commentary:

From the subject of Islamic brotherhood to which reference has been made in the preceding two verses, the Surahproceeds to lay down, in the verse under comment, the basis of an all-comprehensive, all-pervading brotherhood of man. The verse, in fact, constitutes the Magna Carta of human fraternity and equality. It has firmly laid the axe at the false and foolish notions of superiority, born of racial arrogance or national conceit. All men having been "created from a male and a female" as human beings have been declared equal in the sight of God. The worth of a man is not to be judged by the pigment of his skin, the amount of wealth he possesses or by his rank or social status, descent or pedigree, but by his moral greatness and the way in which he discharges his obligations to God and man. The whole human race is but one family. Division into tribes, nations, and races is meant to give them a better knowledge of one another, in order that they might benefit from one another’s national characteristics and good qualities. This, according to Islam, is the criterion of a person’s greatness and this is the only true and real criterion. The Holy Prophet explained the beautiful idea of the

brotherhood of man inculcated in this verse in his own inimitable way on the occasion of the Last Pilgrimage at Mecca, a short time before his death. Addressing a vast concourse of Muslims the Prophet said, "O ye men! Your God is One and your ancestor is one. An Arab possesses no superiority over a non-Arab, nor does a non-Arab over an Arab. A white is in no way superior to a red, nor, for that matter, a red to a white, but only to the extent to which he discharges his duty to God and man. The most honoured among you in the sight of God is the one who is most righteous" (Baihaqi). These noble words spoken by the Prophet during his Farewell Pilgrimage which have resounded through the centuries epitomize one of Islam’s loftiest ideals and strongest principles. It goes to the credit of the Holy Prophet that in a society riven with class distinction, he preached a message intensely democratic.