وَرَحْمَةٌ

Commentary:

This verse speaks of the great reward of those who prove themselves to be truly صابر or patient. It is, in fact, an explanation of the word, glad tidings, occurring in 2:156. Truly patient people who are steadfast in their connection with God and whom each and every affliction finds spiritually rising higher and higher will inherit three things: (1) blessings from their Lord; (2) His mercy; and (3) His guidance. God will bless them in every way, will cover them with His mercy and forgiveness and will look after them, providing guidance for them whenever they may need it. He will, as it were, become their friend and guardian, eager to come to their help on all occasions.

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.

10:59; 43:33.

Commentary:

The words, forgiveness from Allah and mercy shall be better than what they hoard, mean that hypocrites are afraid of death because of the wealth and property which they have to leave behind; whereas, if believers are killed in the cause of Allah, they will get what is incomparably greater than what hypocrites are greedily hoarding up, or what Muslims themselves may have collected in the form of wealth and other worldly things. There is thus no reason for true believers to be afraid of death.

35:43.

6:22; 7:38; 10:18.

Commentary:

The words, better guided, are either intended to express a possible idea on the part of the Arabs that the "two peoples" mentioned above did not faithfully act on Divine teachings or they merely express a possible feeling of regret that whereas others were granted Divine guidance, they were not. It must be said to the credit of the Arabs that when the Quran was revealed to the Holy Prophet, those of them that accepted it did follow it much more faithfully than the "two peoples" referred to above or for that matter any other people. Thus, when the Holy Prophet was attacked by the Quraish of Mecca at Badr and he summoned a council of his followers to consult them, the latter told him without demur that they would not, like the companions of Moses, say to him, Go, thou and thy Lord, and fight and here we sit (5:25), but would fight in his front and fight at his back and fight on his right and fight on his left, meaning that the enemy would not be permitted to reach him except over their dead bodies (Bukhari, ch. on Maghazi).

5:45; 6:92.

Important Words:

سکت (was appeased) means, he was or became silent, mute or, speechless; he was or became still and quiet; he died. سکت غضبه means, his anger became appeased, allayed or stilled. سکت عنه الغضب means, his anger became stilled or appeased so that it departed from him (Lane).

نسختھا (its writing). نسخة is derived from نسخ which means: (1) he or it annulled or superseded or cancelled or abrogated or changed or altered (something); (2) he copied or transferred a writing, letter for letter. So نسخة means, copy or transcript, so called because it supplies the place of the original; also a copy or an original from which a transcript is made (Lane). Thus the word نسخة does not exactly mean a "writing", though, for the sake of convenience, it has been translated as such.

6:5.

6:105; 17:103.

Important Words:

اجتبیتھا (dost thou forge it). The word اجتبیت derived from جبی . They say, جبی المال i.e. he collected wealth or property. اجتباهmeans, he chose it or selected it. اجتباه also means, he forged it; he extemporised it. The expression لولااجتبیتھا would, therefore, mean, wherefore hast thou not forged it, or produced it, or invented it; or wherefore hast thou not demanded it of God (Lane & Aqrab).

بصائر (evidences) is the plural of بصیرة which is derived from بصر which means, he saw; he was or became endowed with mental perception or belief or knowledge or understanding or intelligence or skill. ابصر الطریق means, the way became manifest. You say انا علی بصیرة i.e. I am certain; or I possess certain knowledge. بصیرة means, mental perception; the perceptive faculty of the mind; understanding; intelligence or skill; firm belief of the heart; constancy or firmness in religion; an evidence, testimony, proof or argument; a witness; an example by which one is admonished; a shield (Lane & Aqrab).

Commentary:

The word آیة means "a sign". The verses of the Quran are also called آیات (signs) because every one of them by itself constitutes a divine sign, an evidence of the Divine origin of the Quran, and of the truth of the Holy Prophet. The purport of the verse is that although the Word of God is being revealed as occasion demands, and successive signs of God are being shown to men, yet whenever there is some delay in the coming of Divine revelation or the occurrence of signs, disbelievers ignore the Word of God already revealed and the signs already shown and shamelessly begin to ask of the Prophet, "Why do you not bring any revelation or show any sign in your support?" as if no sign had so far been shown and no revelation had come. To this impudent demand of disbelievers, the Holy Prophet is instructed to reply that the sending down of revelation or the showing of signs lies entirely in the hands of God and that he himself possesses no power to produce them at will. But why do they demand a fresh revelation or a new sign, asks the Quran. Are not the revelations that have already come and the signs that have already appeared enough to establish the truth of Islam? Why do they not ponder over them and profit by them?

It should be remembered that God seldom shows signs at the demand of disbelievers. Moreover, the demand for a fresh sign on their part implies that the signs already shown were no signs and furnished no evidence of the Prophet’s truth. Thus to accede to their demand means a reflection on the signs already shown and detracts from their value. It is, therefore, very rare that God shows fresh signs or miracles as demanded by disbelievers. He requires them rather to consider past signs and profit by them.

9:128; 21:108.

Commentary:

The hypocrites, by using the words, ھو اذن i.e. he gives ear to all, (lit. "he is all ear") with regard to the Holy Prophet, meant to say that he was always listening to the reports of his reporters and thus, by reason of the excess of this practice, he had become, as it were, the very organ of hearing. The verse replies to this taunt of the hypocrites by saying that the Prophet did indeed receive reports but this practice was essential for good administration; for if he who is in power does not keep himself well-informed, he cannot rule with justice.

Moreover, by using the words, is good for you, the verse hints that though the Prophet did listen to reports about the machinations of the hypocrites, he never punished them merely on the basis of these reports without first ascertaining whether they were true or false, and even when they proved to be true, he very often pardoned them. So, it was not right for them to taunt him for keeping himself informed of what went on around him.

12:112; 27:3.

Important Words:

موعظة (an exhortation) is derived from وعظ. They say وعظه i.e. he reminded him of that which should soften his heart by the mention of reward or punishment; he exhorted or admonished or warned him; he gave him good advice or counsel; he reminded him of the results of affairs; he put him in fear. موعظة means, an exhortation or admonition or warning of the nature detailed above; sincere exhortation or warning; the exhortation which leads to repentance and reformation (Lane & Aqrab).

الصدور (the hearts) is the plural of الصدر which means, the breast, chest or bosom; the mind; the upper part of the front of a thing. Sometimes صدر is taken to signify the heart because it lies in the bosom (Lane & Aqrab).

Commentary:

The verse sheds some light on the secret of the Holy Prophet’s phenomenal success. It tells us that it was not due to vast armies, great riches or large numbers of followers, but to this excellent Book, the Quran, whose teaching cannot long be resisted and to which sooner or later man is bound to turn for guidance, for it is an "exhortation from your Lord" and a "cure for whatever disease there is in the hearts" as well as a "guidance and a mercy."

The Quran is موعظة (an exhortation), for: (a) it contains teachings which proceed from a genuine desire to impart good counsel, and when people see that the Prophet seeks no personal aggrandizement by promulgating these teachings but only their own good and their own welfare, they will not fail to be attracted to it; (b) the Quranic teaching is calculated to deeply affect and touch the human heart, and it lays so much stress on the love and fear of God that even the most hard-hearted man cannot remain unaffected by it; and (c) it has set forth in a beautiful manner all those principles and rules of conduct which lead to reformation and success.

The Quran, as the verse tells us, is also شفاء (cure) for all spiritual diseases and maladies. No matter how low a man may fall, there continues to arise in his mind a yearning for truth, a desire to know the reality of things; and it is when his mind is distracted by doubts and misgivings and he seeks satisfaction on questions concerning spiritual matters that the Quran comes to his rescue and dispels all his doubts, with the result that he becomes irresistibly drawn to it.

The Quran is also a "cure" for what is in the heart in the sense that it satisfies the cravings of the heart. It is in the nature of man that, when he reads about great spiritual men and learns how the great depths of religious teachings were disclosed to them, he is moved by the desire that what he believes in only as a matter of faith should become converted into a certainty and a matter of personal experience and that he should also realize what holy men in the past had realized. This is a desire which disquiets many a heart and those whose hearts are seized with this longing will find solace in this Book, and they will find therein the guidance which will lead them to God.

The Quran is also "a guidance and a mercy," which, besides other meanings, also signifies the means of rise and progress in the world. Some men are so dull of understanding that they cannot comprehend the value or depth or niceties of spiritual knowledge and the philosophy of religion. It is only the splendour of material progress that attracts their attention. For the satisfaction of such persons, God shows special material favours to those who believe in this Book.

The four points mentioned above led to the extraordinary success of Islam and, for that matter, to the success of all true religions. Those gifted with quick intelligence and true perception recognized the truth of Islam merely on finding that its teaching had the good of mankind as its only objective and that it had its basis in a sincere desire to see mankind directed to the right path. But those whose perceptive powers were less acute and less fine had their doubts satisfied by the rational arguments contained in the Quran. Those who were still slower to understand became convinced of the truth of Islam when they saw the great moral and spiritual change that its teaching brought about in the lives of its followers. And those possessed of the lowest or meanest understanding, whom riches and worldly progress alone could convince, saw the truth of Islam in the material glory and worldly grandeur that fell to the lot of its followers.

It may well be asked here what the Quran means by saying that it is a cure for whatever disease there is in the hearts, when it is the brain that is the source and fountain-head of all thoughts? In this respect it must be remembered that spiritual matters have a very deep and subtle connexion with the human heart. The experience of all spiritual men has established the fact that the heart is the seat of things pertaining to the spirit. But just as it is difficult to get a true knowledge of the soul and to ascertain the nature of its connexion with the body by material means, similarly, it is difficult to understand the connexion that exists between the soul and the human heart by the aid of physical laws. So in this matter we have naturally to rely on the testimony of those who have experience and their unanimous testimony is that the heart plays a great part in spiritual matters. This testimony is by no means inconsistent with the fact that the brain is the centre of thinking. It is quite possible that changes in the blood should have a bearing on the thoughts being good or bad, and as it is through the heart that the circulation of the blood is regulated, it is quite understandable that the heart should exercise a subtle influence on the thoughts of man. It is an admitted fact that food exercises a deep influence on man’s thoughts, and obviously this influence cannot be exercised except through the heart. In this sense, the heart may also be said to be the seat and source of thoughts. The Quran refers to this subject where it says: O ye Messengers, eat of the good and pure things and (as a result thereof) act righteously (23:52).

10:58; 12:112; 16:90.

Commentary:

The verse purports to say that as to a jaundiced eye all objects appear yellow, similarly to a mind which is swayed by jealousy and prejudice, even most pure and noble teachings appear impure and ignoble. Such was the case with disbelievers in regard to the teachings of the Quran.

The word "Quran" in this verse may also be taken to refer to the portion of the Quran already revealed, the portion containing prophecies about the prosperity and success of the Faithful and the ruin and destruction of disbelievers. The verse means to say that the time has come for the fulfilment of those prophecies and that the flight of the Prophet from Mecca would usher in an era of triumph for Islam and would bring discomfiture and humiliation to disbelievers.

7:204; 12:109.

Commentary:

The verse means that just as the Torah "was a guidance and mercy for the Israelites" (see v. 17 above); similarly, this Book, the Quran, is a guidance and mercy for the whole of humanity for all times to come.