بَعْدَ ذَٰلِكَ

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.

7:102; 9:70; 14:10; 40:23.

Commentary:

This verse draws a great moral from the simple incident related in the foregoing verses. The incident of the two sons of Adam had a parallel in the history of nations, as hinted in the words, On account of this We prescribed for the Children of Israel, etc. If the incident simply related to "the two sons of Adam" it had obviously no direct bearing on the Israelites.

As a matter of fact, what is hinted at is that an incident similar to that of the two sons of Adam mentioned here, but of much greater import, was to take place later. There was to appear among the brethren of the Israelites a Prophet whose offering God was to favour with acceptance, while that of his brethren, the Israelites, was to be rejected owing to their impiety and lack of righteousness. This was to enrage the Israelites against that Prophet and they were to become thirsty for his blood on account of envy, even as Cain had become thirsty for the blood of his brother Abel. The story of Cain and Abel was, therefore, intended, as hinted in the opening words of this verse, to serve as a warning for the Israelites. The Prophet meant to be raised from among the brethren of the Israelites was to be no ordinary soul. He was to be a World-Reformer ordained to bring the eternal Law for mankind whose entire future depended on him and, therefore, his slaying was equivalent to the slaying of the whole of mankind, and the preservation of his life was, as it were, the preservation of the life of the whole of mankind. This great soul had killed no person, nor had it created disorder in the land.

The advent of this Prophet was foretold in the Bible (Deut. 18:18-22), and therein it was also announced that God would demand requital of those who did not hearken to this Prophet.

5:48; 24:56.

Commentary:

The word فاسقون (transgressors) used in this verse may also be rendered as disobedient or breakers of promise. Both these meanings are applicable here.

2:41, 84.

2:61; 7:161.

See 2:26.

2:109.

Important Words:

نقیبا (leaders) is the verbal adjective from نقب. They say نقبه i.e. he perforated or made a hole through it. نقب فی الارض means, he went through the land. نقب عن الاخبار means, he scrutinized or examined the news. نقب علی قومه means, he acted as نقیب (leader or supervisor) over his people. نقیب means, a thing perforated or pierced through; a musical reed or pipe; the head or chief of people who investigates and superintends their affairs, takes notice of their actions and is responsible for them (Lane).

عزرتموھم (you support them) is derived from عزر. عزرہ means, he censured him; he helped him. They say عزره عن کذا i.e. he prevented or hindered him or turned him away from such a thing. عزره (‘azzarahu) means: (1) he chastised or punished or censured or corrected him, in order to turn him away from evil; (2) he aided and assisted him; he strengthened him; he aided him against his enemy by repelling the latter; (3) he treated him with reverence, respect or honour (Lane).

Commentary:

The verse contains a veiled warning to Muslims that they can expect the help of God only so long as they adhere to their covenant with Him and obey His behests.

By the words "twelve leaders" are meant the twelve Prophets of Israel who came after Moses. According to some authorities, these were the twelve "Princes" said to have been appointed by Moses (Num. 1:4-16).

The words قرضاحسنا (goodly loan) may either mean good deeds for which a reward is expected from God, or voluntary contributions to help the cause of religion. The verse is addressed to the Israelites.

57:26.

Commentary:

As hunting is ordinarily done in a jungle where one is generally alone and where there is none beside God to observe one’s breaking Divine commandments, the verse fittingly mentions hunting to illustrate تقوی or God-fearingness. While engaged in hunting, man’s abstention from violating Divine commandments would show that he has really done so out of the fear of God. It is thus that, by an outward act, the inner condition of a man’s heart may become revealed.

The verse also serves as an introduction to the commandment that follows in the next verse and prepares believers for the acceptance of an injunction which ran counter to the prevalent practice.

39:31.

Commentary:

After man has attained full development, there sets in a process of decay which ends in death. It is an immutable law of nature that all life must end in decay, dissolution and death. God alone is Ever-Living.

Commentary:

This verse deals with one of the most vital Islamic principles. The Surah under comment enjoys this distinction that in no other Surah has so much light been shed from the point of view of Islam on so many important moral, social and political problems as in this Surah. While the preceding few Surahs dealt with the great and triumphant future of Islam, this Surah tells us how the promised bright future of Islam will take a material shape. Whereas in verse 36 above an implied reference was made to Khilafat which was to be the main instrument for establishment of the spiritual and political hegemony of Islam, the present verse deals with the subject of Khilafat in clear and unmistakable terms. The preceding few verses, i.e. vv. 52-55, however, serve as a prelude to its introduction. In these verses emphasis is repeatedly laid on obedience to Allah and His Messenger. This emphasis implies a hint to the status and position of the Khalifah in Islam. Being the Successor of a Prophet he must be given unconditional obedience.

The present verse embodies a promise that Muslims will be vouchsafed both spiritual and temporal leadership. The promise is made to the whole Muslim nation but the institution of Khilafat will take a palpable form in the person of certain individuals who will be the Prophet’s Successors and the representatives of the whole nation. They will be, as it were, Khilafat personified. The verse further says that the fulfilment of this promise will depend on the Muslims’ observing the Prayer and giving the Zakah and on their obeying the Messenger of God in all religious and temporal matters concerning the nation. When they will have fulfilled these conditions, the boon of Khilafat will be bestowed upon them and they will be made the leaders of nations; their state of fear will give place to a condition of safety and security, Islam will reign supreme in the world, and

above all the Oneness and Unity of God—the real purpose and object of Islam—will become firmly established.

The promise of the establishment of Khilafat is clear and unmistakable. As the Holy Prophet is now humanity’s sole guide for all time, his Khilafat must continue to exist in one form or another in the world till the end of time, all other Khilafats having ceased to exist. This is among many others the Holy Prophet’s distinct superiority over all other Prophets and Messengers of God. Our age has witnessed his greatest spiritual Khalifah in the person of Ahmad, the Promised Messiah.

The Quran has mentioned three kinds of Khalifahs:

(1) Khalifahs, who are Prophets such as Adam and David. About Adam God says in the Quran, "I am about to place a vicegerent in the earth" (2:31) and about David He says: "O David, We have made thee a vicegerent in the earth" (38:27).

(2) Prophets who are the Khalifahs of another and a greater Prophet such as the Israelite Prophets who all were the Khalifahs of Moses. About them the Quran says: "We have sent down the Torah wherein was guidanceand light. By it did the Prophets who were obedient to Us judge for the Jews" (5:45).

(3) Non-Prophet Khalifahs of a Prophet, with or without temporal powers, such as godly people learned in the Law. Their mission is to protect and preserve the law from being tampered with (5:45).

Briefly, the verse under comment covers all these categories of Khalifahs, viz. the Holy Prophet’s rightly-guided Khalifahs, the Promised Messiah, his Successors and the spiritual Reformers or Mujaddids. Their mission, as the above verse says, is to protect the Law and to bring back "the erring flock into the Master’s fold."

The special marks and characteristics of these Khalifahs are:

(a) They are appointed Khalifahs through God’s own decree in the sense that the hearts of believers become inclined towards them and they voluntarily accept them as their Khalifahs.

(b) The religion which their mission is to serve becomes firmly established through their prayers and missionary efforts;

(c) They enjoy equanimity and peace of mind amidst hardships, privations or persecution which nothing can disturb; and

(d) They worship God alone, i.e. in the discharge of their great responsibilities they fear no one and they carry on their duties undaunted and without being discouraged or dismayed by the difficulties that stand in their way.

The verse may also be regarded as embodying a prophecy which was made at a time when Islam was very weak and idols were being worshipped throughout Arabia and the Muslims being small in number feared for their very lives, and yet in the course of only a generation the prophecy was literally fulfilled. Idolatry disappeared from Arabia and Islam became firmly established not only in Arabia but also reigned supreme in the whole world and the followers of the Holy Prophet, erstwhile regarded as the dregs and scum of humanity, became the leaders and teachers of nations.

The words, "Whosoever is ungrateful after that, they will be the rebellious," signify that Khilafat is a great Divine blessing. Without it there can be no solidarity, cohesion and unity among Muslims and therefore they can make no real progress without it. If Muslims do not show proper appreciation of Khilafat by giving unstinted support and obedience to their Khalifahs they will forfeit this great Divine boon and in addition will draw the displeasure of God upon themselves.

2:232-233.

2:230.

Commentary:

This is one of those verses of the Quran in which the address made to the Holy Prophet, is, in reality, meant for the believers. Since the Holy Prophet was debarred from divorcing any of his wives (33:53), the injunction is meant clearly for his followers.

The procedure of divorce given in this Surah is as follows:

The first pronouncement of divorce should be in the interval between two monthly courses, during which the husband and wife should not have conjugal relations. This ensures that the decision to divorce has not been taken hastily in a fit of anger or under the influence of some other momentary impulse but after cool and deliberate reflection. Moreover, a divorced wife is to remain in her house till the expiry of ‘iddah (the period of waiting) which extends over three courses.

The words "it may be that thereafter Allah will bring about something new to pass," signify that the above-mentioned procedure is enjoined because it is possible that during the period of waiting the causes of friction may wear out and reconciliation may take place between the estranged parties.

Commentary:

The words "you two," seem to refer to ‘A’ishah and Hafsah who led the demand for worldly comforts in their homes. All the wives of the Holy Prophet had, however, joined in the demand, though the leading part was taken by these two, and this, perhaps because they were daughters respectively of Abu Bakr and ‘Umar, the two most respected among the Holy Prophet’s Companions. See also v. 2 above.

The phraseology of the verse indicates that the matter referred to in these verses was of a very serious nature, but taking honey from the house of one’s wife evidently is not so serious an affair as to have led to separation of the Holy Prophet from all his wives for nearly a month. Nor was the reprimand to the Prophet’s wives implied in the words "Allah is his Helper and Gabriel and believers…" called for.

Important Words:

عتل (ill-mannered) is derived from عتل (‘atala). عتله means, he dragged him or drove him along roughly. عتل means, a great eater who refuses to give; gross, coarse, rough or rude person; low, ignoble; mean (Lane).

زنیم (of doubtful birth) is derived from زنم (zannama) and تزنیم is conjoining anyone with a people or party to which he does not belong. زنیم means, one adopted among a people to whom he does not belong, not being needed by them; base, ignoble, mean; the son of an adulteress or fornicatress (Lane & Aqrab).

Commentary:

The reference in this and the three verses preceding it may be to Walid bin Mughirah or Abu Jahl, etc. or to every leader of falsehood.

20:54; 51:49.

Important Words:

دحاھا (spread it). دحا الله الارض means, God had spread, expanded or extended the earth. دحا الحجر بیدہ means, he threw or cast the stone with his hand. دحا البطن means, the belly was or became inflated (Lane).

Commentary:

Besides the meaning given in the text the verse signifies that the earth became cast away from a bigger mass which shows that it was part of a larger planet from which it became separated in the very remote past.