تَقۡتُلُوا

5:2, 97.

Important Words:

انتقام (retribution) is derived from نقم. They say نقم الیه i.e. he exacted vengeance upon him; he punished him. انتقمت منهmeans, I took vengeance on him; I inflicted penal retribution on him or I punished him. انتقام thus means, vengeance, punishment or penal retribution (Lane & Aqrab). See also 3:5 and 5:60.

Commentary:

If a man kills game, when he is in the state of احرام (pilgrimage), he should give as compensation a like animal to be taken to Mecca for sacrifice. For instance, if the game killed by him is a deer, he should offer a goat. If the like of the game killed cannot be found, then an animal costing approximately as much as the game killed should be offered, or failing that, the pilgrim should spend the estimated price of the game in feeding the poor, which is two مد per head according to some theologians and one صاع according to others, a مد being roughly two handfuls of corn while a صاع is four times as much as a مد. If, however, the pilgrim is unable to do even that, he should fast for as many days as the number of the poor he could feed with the estimated price of the game killed. The fasting and the feeding of the poor, as the case may be, should preferably be done at Mecca.

4:37; 17:24.

17:32.

6:121; 7:34.

Important Words:

املاق (poverty) is derived from ملق. They say ملق الشیء i.e. he erased the thing. ملقه بالعصا means, he beat him with a stick. ملق الولد امه means, the child sucked from the breasts of his mother. املق الرجل means, the man spent all his money and became poor. املاق means, poverty or destitution (Aqrab).

Commentary:

The Quran has already given the commandments and prohibitions of the Islamic Law with regard to the fruits of the earth and the flesh of animals, in opposition to the laws devised by men. Now it gives general commandments and prohibitions.

It should be noted that the injunctions which follow the word "forbidden" are what God requires us to do, and not what He forbids us to do. Thus, it is the contrary of the injunctions given in the verse that is forbidden. The injunctions have been expressly mentioned and the converse of them which is forbidden is implied. Thus, on the one hand, by using the word "forbidden" and, on the other, by following it up with positive commandments, the verse combines in itself both the direct injunctions and their converse, and the attention of the reader has been drawn to both.

The verse may also be construed in another way. The first sentence should be taken as having finished with the words ما حرم ربکم i.e. what your Lord has forbidden, and the next sentence should be taken as beginning with the words علیکمwhich would in this case mean, "it is enjoined upon you or it is incumbent on you." The verse will then read as follows:"Come, I will rehearse to you what your Lord has forbidden. It is incumbent on you that you associate not anything as partner with Him…"

The order in which the injunctions are given in this verse is noteworthy. The injunctions begin with the words, Come, I will rehearse to you what your Lord has forbidden. The Arabic word for "Lord" is رب which means "Creator, Sustainer, and Nourisher" (see 1:2), and it is the very idea of "sustaining and nourishing" that governs the order of the injunctions here given. The first injunction, i.e. associate not anything as partner with Him, pertains to the Great Nourisher, Allah. The second injunction pertains to the lesser nourishers, viz. parents. The word احسان (doing good) expresses the idea that the service of the parents enjoined in the words, do good to parents, is to be performed in the best way possible, for احسان literally signifies "doing a thing very well." Next come those who are nourished and sustained by the "lesser nourishers", viz. children. Parents are bidden to nourish and bring up their children well, as implied in the words, kill not your children for fear of poverty. Indeed, he who neglects to bring up his children properly for fear of poverty virtually "kills" them. If it is the duty of the children to serve their parents well, it is equally the duty of the parents to bring up their children well.

The pronoun "you" in the clause, it is We Who provide for you and for them, refers to parents and the pronoun "them" refers to children, the former being put before the latter in order to draw our attention to the fact that God’s providing for the parents is a proof of the fact that He will also provide for the children.

The next injunction is contained in the words, approach not foul deeds. The word فواحش (foul deeds) is the plural of فاحشه one meaning of which is "fornication or adultery" (see 4:16), which is another form of killing one’s children; for the man who forms immoral connection with a woman other than his wife, not only destroys his seed but also neglects his own wife, which cannot but affect his begetting children in lawful wedlock. Similarly, illegitimate children born of a woman other than one’s wife are not one’s own children, nor are they properly looked after.

The words, whether open or secret, used in connection with فواحش (foul deeds) refer respectively to openly going in to prostitutes and to forming secret connections with women other than one’s wife.

Next to the relations between parents and children come brotherly and friendly relations which are referred to in the words, kill not the life which Allah has made sacred. This injunction requires us to treat our brethren and friends as well as members of our society with fairness and justice. The word "killing," it will be noted, pertains not only to actually killing but to an attempt at killing as well as causing serious injury and boycotting etc. (see meaning of قتل i.e. killing under 2:62; 3:155 & 4:158). The expression, save by right, used with regard to "killing" means "except when a man has made himself deserving of the treatment to be meted out to him." For instance, in case of murder a person will be put to death only by order of proper authority. Similarly, in case of "boycotting" a person will be boycotted only under the orders of the person or the body that possesses that power. It will not be right for any man to take the law in his own hands.

6:152; 25:69.

Commentary:

In the preceding two verses reference was made to the two indirect ways of killing. The verse under comment, however, speaks of direct murder. It declares it unlawful to kill a soul, the killing of which has been forbidden by God.

The word نفس (soul) means anything which breathes and therefore includes all living things. So the words, which Allah has forbidden, have been added in order to restrict their application to man, it being lawful to kill other animals except under certain conditions when their killing also is forbidden.

The word ولی (heir) is applied to any person who is entitled to inherit another man’s property after the latter’s death. But one may nominate a person other than his legal heir as his ولی. If a person is murdered, his ولی (heir) has the right to demand satisfaction. But after the murderer is convicted by a properly constituted court, the heir of the murdered person has the right either to have the murderer legally executed or accept blood-money in lieu of the death of the murdered person. If, however, it is considered against the interests of public peace or morality to allow blood money to the heir or if the demand of the heir be found to be not bona fide, the court may refuse to accept the option of the heir and order the murderer’s execution. In fact, both the heir and the State equally share the right to pardon or punish the guilty person. This right of the State in regard to the punishment of the guilty person covers all matters to which the injunction of قصاص(retaliation) applies. The Caliph ‘Ali is reported to have punished a guilty person whom the aggrieved party had pardoned on the plea that the dictates of public peace demanded his punishment. ‘Ali was convinced that the fear of being harmed by the offender had made the aggrieved person pardon him. See also 2:179.

Whereas in the earlier part of the verse the rights of the party offended against have been safeguarded, the words, let him not exceed the prescribed bounds in slaying, safeguard the interests of the offender. They mean to say that the aggrieved party should not exceed legitimate bounds by adopting a cruel method of killing. In fact, these words imply a recommendation in favour of the murderer. They also show that although "life for life" is the general rule, the heirs of the murdered person may not always act upon this rule. The murderer is to suffer the extreme penalty of the law only when the dictates of equity, retaliation, public peace and morality absolutely demand it. His life should be spared if this act of grace is calculated to lead to his moral reformation. In the words, for therein he is helped by law, the aggrieved person is reminded of his responsibilities. He is told that he, too, is responsible for the maintenance of peace. As God has safeguarded his rights, he should have regard for the rights of others—he should not always insist upon his "pound of flesh".