Surah 2 Al-Baqarah, Ayat 188-188

وَلَا تَاۡكُلُوۡٓا اَمۡوَالَـكُمۡ بَيۡنَكُمۡ بِالۡبَاطِلِ وَتُدۡلُوۡا بِهَآ اِلَى الۡحُـکَّامِ لِتَاۡکُلُوۡا فَرِيۡقًا مِّنۡ اَمۡوَالِ النَّاسِ بِالۡاِثۡمِ وَاَنۡـتُمۡ تَعۡلَمُوۡنَ‏ ﴿2:188﴾

(2:188) Do not usurp one another’s possessions by false means, nor proffer your possessions to the authorities so that you may sinfully and knowingly usurp a portion of another’s possessions.197


Notes

197. One meaning of this verse is that people should not try to seek illegitimate benefits by bribing magistrates. Another meaning is that when a person is aware that the property, he claims rightfully belongs to someone else, he should not file a judicial petition either because the other party lacks the evidence to support their case or because by trickery and cunning the petitioner can usurp that property. It is possible that the judicial authority would decide the case in favour of the false claimant on the basis of the formal strength of the claim, but as this judicial verdict would merely be the result of the chicanery to which the claimant had resorted he would not become its rightful owner. In spite of the judgement of the court the property would remain unlawful for him in the sight of God. It has been reported in a Tradition that the Prophet said: ‘I am merely a human being and you bring to me your disputes. It is possible that some of you will be more impressive in argument than others, so that 1 may give judgement in favour of one on the basis of what 1 hear. Beware that if 1 award to someone what belongs to his brother, I will have assigned to him a lump of Fire.’ (Bukhari, ‘Shahadat’, 27; Muslim, ‘Aqdiayah’, 4; Abu Da’ud , ‘Aqdiayah’, 7; Tirmidhi, ‘Ahkam’, 11, 18; Nasai ‘Qudat’, 12, 33; 1bn Majah, ‘AhkAm’, 5, etc. – Ed.)

Surah 2 Al-Baqarah, Ayat 187-187

اُحِلَّ لَـکُمۡ لَيۡلَةَ الصِّيَامِ الرَّفَثُ اِلٰى نِسَآئِكُمۡ​ؕ هُنَّ لِبَاسٌ لَّـكُمۡ وَاَنۡـتُمۡ لِبَاسٌ لَّهُنَّ ؕ عَلِمَ اللّٰهُ اَنَّکُمۡ كُنۡتُمۡ تَخۡتَانُوۡنَ اَنۡفُسَکُمۡ فَتَابَ عَلَيۡكُمۡ وَعَفَا عَنۡكُمۡۚ فَالۡـٰٔنَ بَاشِرُوۡهُنَّ وَابۡتَغُوۡا مَا کَتَبَ اللّٰهُ لَـكُمۡ وَكُلُوۡا وَاشۡرَبُوۡا حَتّٰى يَتَبَيَّنَ لَـكُمُ الۡخَـيۡطُ الۡاَبۡيَضُ مِنَ الۡخَـيۡطِ الۡاَسۡوَدِ مِنَ الۡفَجۡرِ​ؕ ثُمَّ اَتِمُّوا الصِّيَامَ اِلَى الَّيۡلِ​ۚ وَلَا تُبَاشِرُوۡهُنَّ وَاَنۡـتُمۡ عٰكِفُوۡنَ فِى الۡمَسٰجِدِؕ تِلۡكَ حُدُوۡدُ اللّٰهِ فَلَا تَقۡرَبُوۡهَا ؕ كَذٰلِكَ يُبَيِّنُ اللّٰهُ اٰيٰتِهٖ لِلنَّاسِ لَعَلَّهُمۡ يَتَّقُوۡنَ‏﴿2:187﴾

(2:187) It has been made lawful for you to go in to your wives during the night of the fast. They are your garment, and you are theirs.190 Allah knows that you used to betray yourselves and He mercifully relented and pardoned you. So you may now associate intimately with your wives and benefit from the enjoyment Allah has made lawful for you,191 and eat and drink192 at night until you can discern the white streak of dawn against the blackness of the night;193 then (give up all that and) complete your fasting until night sets in.194

But do not associate intimately with your wives during the period when you are on retreat in the mosques.195 These are the bounds set by Allah; do not, then, even draw near them.196 Thus does Allah make His Signs clear to mankind that they may stay away from evil. 


Notes

190. Just as nothing intervenes between a person’s body and his clothes, so nothing can intervene between a man and his wife; it is a relationship of inalienable intimacy. 

191. Although there was no categorical ordinance in the early days prohibiting sexual intercourse between husband and wife during the nights of Ramadan, people generally assumed that this was not permissible. Despite the feeling that their action was either not permitted or was at least disapproved of, they did at times approach their wives. Such a betrayal of conscience can encourage a sinful disposition. God, therefore, first reproaches them with their lack of integrity, for this is what was objectionable. As for the act itself, God makes it clear that it is quite permissible. Henceforth they might engage in sexual intercourse as a perfectly lawful act unencumbered by feelings of guilt. 

192. In this connection, too, there was a misapprehension at first. Some thought that eating and drinking were absolutely prohibited after the performance of the ‘Isha’ (Night) Prayer. Others thought that one could eat and drink so long as one had not fallen asleep, but that if one had it was not permissible to eat on reawakening. These were people’s own fancies and often caused great inconvenience. This verse seeks to remove all such misconceptions. It clearly lays down the duration of the fast: from dawn until sunset. Between sunset and dawn it is permissible to eat, to drink, and to indulge in the legitimate gratification of sexual desires. 

At the same time the Prophet introduced the pre-fasting repast, recommending a good meal just before dawn. 

193. In fixing the time of obligatory rites, Islam has been mindful that these timings should be so clear and simple that people, at all stages of development, should be able to follow them. This is why Islam bases its timing on conspicuous natural phenomena and not on the clock. 

Some people object that this principle of timing is untenable in areas close to the poles, where night and day each last for about six months. This objection is based on a very superficial knowledge of geography. In point of fact neither day nor night lasts for six months in those areas – not in the sense in which people living near the Equator conceive of night and day. The signs of morning and evening appear at the poles with unfailing regularity and it is on this basis that people time their sleeping and waking, their professional work, their play and recreation. Even in the days before watches were common, the people of countries like Finland, Norway and Greenland used to fix the hours of the day and night by means of various signs that appeared on the horizon. Just as those signs helped them to determine their schedules in other matters, so they should enable them to time their various Prayers, the pre-fast meal and the breaking of the fast. 

194. ‘Complete your fasting until night sets in’ means that the time of fasting ends with nightfall, i.e. sunset marks the breaking of the fast. The precise time of the end of the pre-dawn repast is when a lean strip of aurora appears at the eastern end of the horizon and begins to grow. The time to break one’s fast starts when the darkness of night seems to have begun to appear over the eastern horizon. 

In our own time, some people have adopted an attitude of extreme caution with regard to the time of both the end and start of fasting. The Law has not fixed these schedules with rigid precision. If a person wakes up just at the crack of dawn it is proper for him to eat and drink hastily. According to a Tradition the Prophet said: ‘If anyone of you hears the call for [the morning] Prayer while he is eating he should not stop immediately, but should finish eating to the extent of his bare need.’ (Abu Da’ud. Siyam’, 14 – Ed.) Similarly, one need not wait for the light of day to disappear fully before breaking the fast. The Prophet, for instance, used to ask Bilil to bring him something to drink as soon as the sun had set. Bilal expressed his astonishment, pointing out that the light of day could still be observed. To this the Prophet replied that the time of fasting came to an end when the darkness of night began to rise from the east. (Muslim, ‘Siyam’, 10; Abu Da’ud, ‘Siyam’, 15; etc. – Ed.) 

195. ‘On retreat in the mosque’ refers to the religious practice of spending the last ten days of Ramadan in the mosque, consecrating this time to the remembrance of God. In this state, known as i’tikaf, one may go out of the mosque only for the absolutely necessary requirements of life, but one must stay away from gratifying one’s sexual desire. 

196. The directive here is neither to exceed nor draw near the limits set by God. This means that it is dangerous for a man to skirt the boundaries of disobedience; prudence demands that one should keep some distance from these lest one’s steps inadvertent lead one to cross them. The same principle has been enunciated in a Tradition in which the Prophet said: ‘Even sovereign has an enclosed pasture and the enclosed pasture of God consists of His prohibitions. So, whosoever keeps grazing around that pasture is likely to fall into it.’ (Bukhari, ‘lman’, 36; ‘Buyu”, 3; Muslim, ‘Musaqah’, 107; Abu Da’d, ‘Buyu”, 3; Tirmidhi, ‘Buyu”, 1; Nasa’i, ‘Buyu?, 3; ‘Ashribah’, 50; Ibn Majah, ‘Fitan’, 14 – Ed.) 

It is a pity that many people. who are not conversant with the spirit of the Shari’ah (Islamic law), insist on using these boundaries to the limits. Many religious scholars exert themselves in finding out arguments to justify this attitude, and a point is thus reached where only a hair’s breadth separates obedience from disobedience. Consequently many people fall prey to disobedience, even to downright error and wrong-doing. For once a man arrives at this point he is seldom capable of discerning between right and wrong, and maintaining the absolute self-control needed to keep within the lawful limits.

Surah 2 Al-Baqarah, Ayat 186-186

وَاِذَا سَاَلَـكَ عِبَادِىۡ عَنِّىۡ فَاِنِّىۡ قَرِيۡبٌؕ اُجِيۡبُ دَعۡوَةَ الدَّاعِ اِذَا دَعَانِ فَلۡيَسۡتَجِيۡبُوۡا لِىۡ وَلۡيُؤۡمِنُوۡا بِىۡ لَعَلَّهُمۡ يَرۡشُدُوۡنَ‏ ﴿2:186﴾

(2:186) (O Muhammad), when My servants ask you about Me, tell them I am quite near; I hear and answer the call of the caller whenever he calls Me. Let them listen to My call and believe in Me;188 perhaps they will be guided aright.189


Notes

188. Even though people can neither see God nor subject Him to any other form of sense perception this should not make them feel that God is remote from them. On the contrary, He is so close to each and every person that whenever any person so wishes he can communicate with his Lord. So much so that God hears and responds even to the prayers which remain within the innermost recesses of the heart. 

People exhaust themselves by approaching false and powerless beings whom they foolishly fancy to be their deities but who have neither the power to hear nor to grant their prayers. But God, the omnipotent Lord and the absolute Master of this vast universe, Who wields all power and authority, is so close to human beings that they can always approach Him without the intercession of any intermediaries, and can put to Him their prayers and requests. 

189. This announcement of God’s closeness to man may open his eyes to the Truth, may turn him to the right way wherein lies his success and well-being.

Surah 2 Al-Baqarah, Ayat 185-185

شَهۡرُ رَمَضَانَ الَّذِىۡٓ اُنۡزِلَ فِيۡهِ الۡقُرۡاٰنُ هُدًى لِّلنَّاسِ وَ بَيِّنٰتٍ مِّنَ الۡهُدٰى وَالۡفُرۡقَانِۚ فَمَنۡ شَهِدَ مِنۡكُمُ الشَّهۡرَ فَلۡيَـصُمۡهُ ؕ وَمَنۡ کَانَ مَرِيۡضًا اَوۡ عَلٰى سَفَرٍ فَعِدَّةٌ مِّنۡ اَيَّامٍ اُخَرَؕ يُرِيۡدُ اللّٰهُ بِکُمُ الۡيُسۡرَ وَلَا يُرِيۡدُ بِکُمُ الۡعُسۡرَ وَلِتُکۡمِلُوا الۡعِدَّةَ وَلِتُکَبِّرُوا اللّٰهَ عَلٰى مَا هَدٰٮكُمۡ وَلَعَلَّکُمۡ تَشۡكُرُوۡنَ‏ ﴿2:185﴾

(2:185) During the month of Ramadan the Qur’an was sent down as a guidance to the people with Clear Signs of the true guidance and as the Criterion (between right and wrong). So those of you who live to see that month should fast it, and whoever is sick or on a journey should fast the same number of other days instead. Allah wants ease and not hardship for you so that you may complete the number of days required,186 magnify Allah for what He has guided you to, and give thanks to Him.187


Notes

186. Whether a person should or should not fast while on a journey is left to individual discretion. We find that among the Companions who accompanied the Prophet on journeys some fasted whereas others did not; none objected to the conduct of another. The Prophet himself did not always fast when travelling. On one journey a person was so overwhelmed by hunger that he collapsed; the Prophet disapproved when he learned that the man had been fasting. During wars the Prophet used to prevent people from fasting so that they would not lack energy for the fight. It has been reported by ‘Umar that two military expeditions took place in the month of Ramadan. The first was the Battle of Badr and the second the conquest of Makka. On both occasions the Companions abstained from fasting, and, according to Ibn ‘Umar, on the occasion of the conquest of Makka the Prophet proclaimed that people should not fast since it was a day of fighting. In other Traditions the Prophet is reported to have said that people should not fast when they had drawn close to the enemy, since abstention from fasting would lead to greater strength. (See Ahmad b. Hanbal, Musnad, vol. 3, p. 329, and vol. 5, pp. 205 and 209: Darimi, ‘ Sawm’, 41; Muslim, ‘Siyarn’, 92; Nasai, ‘Siyam’, 47; Bukhari, ‘Maghazi’, 71; Muslim, ‘Siyam’, 102; Ahmad b. Hanbal, Musnad, vol. 3, pp. 21, 35, 46; Tirmidhi, ‘Sawm’, 18, Nasa’i. ‘Siyam’, 52; Bukhari , ‘Jihad’, 29; Muslim, ‘Siyam’, 98; Abu Da’ud, ‘Sawm’ 42; Muslim, ‘Siyam’, 102, 103, 105; Ahmad b. Hanbal, Musnad vol. 2, 99; Tirmidhi, : ‘Sawm’, 19 – Ed.)

The duration of a journey for which it becomes permissible for a person to abstain from fasting is not absolutely clear from any statement of the Prophet, (cf. relevant Traditions Abu Da’ud, ‘Sawm’, 46, 47; Nasai , ‘Siyam’, 54, 55; Malik, Muaatta’, ‘Siyam’, 21, 27 – Ed.) In addition the practice of the Companions was not uniform. It would seem that any journey which is commonly regarded as such, and which is attended by the circumstances generally associated with travelling, should be deemed sufficient justification for not fasting. 

Jurists agree that one does not have to fast on the day of commencing a journey; one may eat either at the point of departure or after the actual journey has commenced. Either course is sanctioned by the practice of the Companions. Jurists, however, are not agreed as to whether or not the residents of a city under attack may abstain from fasting even though they are not actually travelling. Ibn taymiyah favours the permissibility of abstention from fasting and supports his view with vcry forceful arguments. 

187. This indicates that fasting need not be confined, exclusively, to Ramadan. For those who fail to fast during that month owing to some legitimate reason God has kept the door of compensation open during other months of the year so that they need not be deprived of the opportunity to express their gratitude to Him for His great bounty, in revealing the Qur’an. 

It should he noted here that fasting in Ramadan has not only been declared an act of worship and devotion and a means to nourish piety but has also been characterized as an act of gratefulness to God for His great bounty of true guidance in the form of the Qur’an. In fact, the best way of expressing gratitude for someone’s bounty or benevolence is to prepare oneself, to the best of one’s ability, to achieve the purpose for which that bounty has been bestowed. The Qur’an has been revealed so that we may know the way that leads to God’s good pleasure, follow that way ourselves and direct the world along it. Fasting is an excellent means by which to prepare ourselves for shouldering this task. Hence fasting during the month of the revelation of the Qur’an is more than an act of worship and more than an excellent course of moral training; it is also an appropriate form for the expression of our thankfulness to God for the bounty of the Qur’an.

Surah 2 Al-Baqarah, Ayat 183-184

يٰٓـاَيُّهَا الَّذِيۡنَ اٰمَنُوۡا كُتِبَ عَلَيۡکُمُ الصِّيَامُ کَمَا كُتِبَ عَلَى الَّذِيۡنَ مِنۡ قَبۡلِکُمۡ لَعَلَّكُمۡ تَتَّقُوۡنَۙ‏ ﴿2:183﴾ اَيَّامًا مَّعۡدُوۡدٰتٍؕ فَمَنۡ كَانَ مِنۡكُمۡ مَّرِيۡضًا اَوۡ عَلٰى سَفَرٍ فَعِدَّةٌ مِّنۡ اَيَّامٍ اُخَرَ​ؕ وَعَلَى الَّذِيۡنَ يُطِيۡقُوۡنَهٗ فِدۡيَةٌ طَعَامُ مِسۡكِيۡنٍؕ فَمَنۡ تَطَوَّعَ خَيۡرًا فَهُوَ خَيۡرٌ لَّهٗ ؕ وَاَنۡ تَصُوۡمُوۡا خَيۡرٌ لَّـکُمۡ اِنۡ كُنۡتُمۡ تَعۡلَمُوۡنَ‏﴿2:184﴾

(2:183) Believers! Fasting is enjoined upon you, as it was enjoined upon those before you, that you become God-fearing.183 (2:184) Fasting is for a fixed number of days, and if one of you be sick, or if one of you be on a journey, you will fast the same number of other days later on. For those who are capable of fasting (but still do not fast) there is a redemption: feeding a needy man for each day missed. Whoever voluntarily does more good than is required, will find it better for him;184 and that you should fast is better for you, if you only know.185


Notes

183. Like most other injunctions of Islam those relating to fasting were revealed gradually. In the beginning the Prophet (peace be on him) had instructed the Muslims to fast three days in every month, though this was not obligatory. When the injunction in the present verse was later revealed in 2 A.H., a degree of relaxation was introduced: it was stipulated that those who did not fast despite their capacity to endure it were obliged to feed one poor person as an expiation for each day of obligatory fasting missed see (verse 184). Another injunction was revealed later see (verse 185) and here the relaxation in respect of able-bodied persons was revoked. However, for the sick, the traveller, the pregnant, the breast-feeding women and the aged who could not endure fasting, the relaxation was retained. (See Bukhari, ‘Tafsir al-Qur’an’, 25; Tirmidhi, ‘Sawm’, 21; Nasai, ‘Siyam’, 51, 62, 64; Ibn Majah, ‘Siyam’, 12; Ahmad b. Hanbal, Musnad, vol. 3, p. 104; vol. 4, pp. 347 and 418; vol. 5, p. 29 – Ed.) 

184. This act of extra merit could either be feeding more than the one person required or both fasting and feeding the poor. 

185. Here ends the early injunction with regard to fasting which was revealed in 2 A.H. prior to the Battle of Badr. The verses that follow were revealed about one year later and are linked with the preceding verses since they deal with the same subject.

Surah 2 Al-Baqarah, Ayat 180-182

كُتِبَ عَلَيۡكُمۡ اِذَا حَضَرَ اَحَدَكُمُ الۡمَوۡتُ اِنۡ تَرَكَ خَيۡرَا  ۖۚ اۨلۡوَصِيَّةُ لِلۡوَالِدَيۡنِ وَالۡاَقۡرَبِيۡنَ بِالۡمَعۡرُوۡفِۚ حَقًّا عَلَى الۡمُتَّقِيۡنَؕ‏  ﴿2:180﴾ فَمَنۡۢ بَدَّلَهٗ بَعۡدَمَا سَمِعَهٗ فَاِنَّمَآ اِثۡمُهٗ عَلَى الَّذِيۡنَ يُبَدِّلُوۡنَهٗؕ اِنَّ اللّٰهَ سَمِيۡعٌ عَلِيۡمٌؕ‏ ﴿2:181﴾ فَمَنۡ خَافَ مِنۡ مُّوۡصٍ جَنَفًا اَوۡ اِثۡمًا فَاَصۡلَحَ بَيۡنَهُمۡ فَلَاۤ اِثۡمَ عَلَيۡهِؕ اِنَّ اللّٰهَ غَفُوۡرٌ رَّحِيۡمٌ‏ ﴿2:182﴾

(2:180) It is decreed that when death approaches, those of you who leave behind property shall bequeath equitably to parents and kinsmen. This is an obligation on the God-fearing.182 (2:181) Then if anyone alters the will after hearing it, this sin shall be upon them who alter. Surely Allah is All-Hearing, All-Knowing. (2:182) He who suspects that the testator has committed an error or injustice and then brings about a settlement among the parties concerned incurs no sin. Surely Allah is Much-Forgiving, Most Compassionate. 


Notes

182. This injunction relates to a period of time when no rules had been laid down for the distribution of inheritance. Thus everyone was required to make testamentary disposal of their property so as to ensure that no disputes arose in the family and no legitimate claimant to inheritance was deprived of his due share. Later when God revealed a set of laws regarding the distribution of inheritance see (Qur’an 4: 11 ff.), the Prophet elucidated further the laws relating to testamentary disposition and inheritance by expounding two rules.

First, that no person can make any will regarding his estate in favour of any of his legal heirs. Their portions were laid down in the Qur’an and neither increase nor decrease in this was permissible, nor could any heir be disinherited, nor anything willed in favour of any heir over and above his legal portion. (See the Tradition: ‘There may be no will in favour of the heir.’ See Abu Da’ud, ‘Al-Wasaya’, 6; Tirmidhi, ‘Al-Wasaya’, 5; Nasa’i, ‘Al-Wasaya’, 5; Ibn Majah, ‘Al-Wasaya’, 5 – Ed.) 

Second, that testamentary disposition might be made to the extent of one third of the estate, but no more. (See Bukhari, ‘Al-Wasaya’, 2 and 3; Muslim, ‘Al-Wasiyah’, 5-10; Abu Da’ud, ‘Al-Wasaya’, 2 – Ed.) 

The purpose underlying these explanatory directives of the Prophet seems to be that at least two-thirds of the estate should be left aside to be distributed among the legal heirs according to the Qur’anic rules, and that a will could be made in respect of the whole or part of the remaining one-third. This could be made in favour of either relatives, whether close or distant, who are not legal heirs, or others not related by the blood-tie but who are deserving of assistance. Likewise, a will could be made in favour of charitable causes which are found worthy of support. 

In later times people began to regard this directive regarding testamentary disposal as a recommendation only. The result was that this rule fell largely into disuse. It is significant, however, that the Qur’an mentions it as ‘an obligation on the God-fearing’. Were Muslims to make this injunction an operative institution no trace would remain of the problems which agitate their minds respecting the Islamic law of inheritance , for example grandchildren whose parents had predeceased their paternal or maternal grandparents and who, under Islamic law, were not entitled to inherit from their grandparents. (The author suggests that re-activating the Qur’anic directive on testamentary disposal is the answer to this and similar problems – Ed.)

Surah 2 Al-Baqarah, Ayat 178-179

يٰٓاَيُّهَا الَّذِيۡنَ اٰمَنُوۡا كُتِبَ عَلَيۡكُمُ الۡقِصَاصُ فِى الۡقَتۡلٰى  ؕ الۡحُرُّ بِالۡحُـرِّ وَالۡعَبۡدُ بِالۡعَبۡدِ وَالۡاُنۡثَىٰ بِالۡاُنۡثٰىؕ فَمَنۡ عُفِىَ لَهٗ مِنۡ اَخِيۡهِ شَىۡءٌ فَاتِّبَاعٌۢ بِالۡمَعۡرُوۡفِ وَاَدَآءٌ اِلَيۡهِ بِاِحۡسَانٍؕ ذٰلِكَ تَخۡفِيۡفٌ مِّنۡ رَّبِّكُمۡ وَرَحۡمَةٌ  ؕ فَمَنِ اعۡتَدٰى بَعۡدَ ذٰلِكَ فَلَهٗ عَذَابٌ اَلِيۡمٌۚ‏ ﴿2:178﴾ وَ لَـكُمۡ فِى الۡقِصَاصِ حَيٰوةٌ يّٰٓـاُولِىۡ الۡاَلۡبَابِ لَعَلَّکُمۡ تَتَّقُوۡنَ‏  ﴿2:179﴾

(2:178) Believers! Retribution is prescribed for you in cases of killing:176 if a freeman is guilty then the freeman; if a slave is guilty then the slave; if a female is guilty, then the female.177

But if something of a murderer’s guilt is remitted by his brother178 this should be adhered to in fairness,179 and payment be made in a goodly manner. This is an alleviation and a mercy from your Lord; and for him who commits excess after that180 there is a painful chastisement. (2:179) People of understanding, there is life for you in retribution181 that you may guard yourselves against violating the Law. 


Notes

176. Retribution, that is, blood revenge, is based on the principle that what a person has done to others ought to be done to him. This does not mean that the murderer should be put to death in exactly the same manner as he killed but that the murderer should be subjected to the same act, i.e. killing, as that to which he subjected his victim. 

177. In pre-Islamic Arabia people tried to take blood revenge upon the murderer’s family and tribe, and the retaliation corresponded to the value placed on the blood of the victim. Their desire for revenge was not quenched merely by putting the murderer to death. They preferred to put to death tens and even hundreds of people to avenge the one life they had lost. If a respected member of their tribe was killed by an ordinary member of another, it was not deemed enough to put to death the actual murderer. They preferred to kill a man of the murderer’s tribe equal in standing to the victim, and even several members of the murderer’s tribe. However, if the victim was a man of humble standing from another tribe, and the murderer from their tribe happened to be a man of high standing, they were unwilling to permit the execution of the murderer. 

This attitude is not confined to the Ignorance of that bygone age. Even today those nations that are supposedly the most civilized will often proclaim, officially and quite brazenly, that if one of their citizens is killed they will execute scores of the killer’s compatriots. In addition we often hear that to avenge the murder of one person a large number of hostages belonging to a subject nation have been shot dead. One of the ‘civilized’ nations of the present century subjected the whole Egyptian nation to blood revenge because one of their officials, Sir Lee Stack, was killed by an Egyptian. The courts of justice of these so-called civilized nations have been known to refrain from passing the death sentence on convicted homicides when they happened to be members of the ruling nation while their victims belonged to the subject nation. It is iniquities such as these that God seeks to end by means of the directive contained in this verse. What God says here is that the killer ought to be put to death irrespective of his status and that of the victim. 

178. The very use of the word ‘brother’ in this context suggests that as a general rule one ought to incline towards leniency. Despite the bitterness felt towards someone who has shed the blood of, say, one’s father, the murderer is still one’s brother by virtue of being a member of the human family. Hence if one who has been wronged can overcome the vengeful spirit aroused by his erring brother’s deed, this attitude of forgiveness will be worthy of his humanity.

This verse also makes it clear that according to the Islamic penal law the question of homicide can be settled by the mutual consent of the two parties. It is the prerogative of the heirs of the victim to forgive the murderer, and if it is exercised not even a judge has the power to insist on carrying out the death sentence. In such a case, however, as the following verse mentions, the murderer will be made to pay blood money. 

179. The term ma’ruf occurs quite frequently in the Qur’an. It refers to conduct which is reckoned fair and equitable by the generality of disinterested people. The generally accepted usages and customs of life are called ‘urf and ma’ruf in Islamic terminology, and they are considered valid in all those matters not specifically regulated by the Shar’iah. 

180. Excess might consist of trying to avenge the blood of the murdered man even after his heirs have settled the matter and received blood money or of efforts on the part of the murderer to delay the payment of blood money thus repaying the heirs of the victim with ingratitude for their kindness and goodwill.

181. This refutes another notion of Ignorance, a notion ingrained in the minds of many people, both past and present. On the one hand there are some people who, entrenched in Ignorance, tend to exceed the limits of moderation in revenge. At the other end of the spectrum stand those who are opposed in principle to the concept of executing a murderer. They have conducted such intense, world-wide propaganda against the death penalty that it has become abhorrent to many people. In fact the impact of this propaganda has been so great that in many countries the death penalty has been abolished altogether. 

The Qur’an, however, addresses itself on this question to wise and intelligent people and cautions them against such immoderate leniency by proclaiming that the survival of human society rests on the application of the death penalty for homicide. A society which holds inviolable the lives of those who disregard the sanctity of human life is in fact rearing snakes and serpents. To save the life of one murderer is to risk the lives of many innocent human beings.

Surah 2 Al-Baqarah, Ayat 177-177

لَيۡسَ الۡبِرَّ اَنۡ تُوَلُّوۡا وُجُوۡهَكُمۡ قِبَلَ الۡمَشۡرِقِ وَ الۡمَغۡرِبِ وَلٰـكِنَّ الۡبِرَّ مَنۡ اٰمَنَ بِاللّٰهِ وَالۡيَوۡمِ الۡاٰخِرِ وَالۡمَلٰٓـئِکَةِ وَالۡكِتٰبِ وَالنَّبِيّٖنَ​ۚ وَاٰتَى الۡمَالَ عَلٰى حُبِّهٖ ذَوِى الۡقُرۡبٰى وَالۡيَتٰمٰى وَالۡمَسٰكِيۡنَ وَابۡنَ السَّبِيۡلِۙ وَالسَّآئِلِيۡنَ وَفِى الرِّقَابِ​ۚ وَاَقَامَ الصَّلٰوةَ وَاٰتَى الزَّکٰوةَ ​ ۚ وَالۡمُوۡفُوۡنَ بِعَهۡدِهِمۡ اِذَا عٰهَدُوۡا ۚ وَالصّٰبِرِيۡنَ فِى الۡبَاۡسَآءِ وَالضَّرَّآءِ وَحِيۡنَ الۡبَاۡسِؕ اُولٰٓـئِكَ الَّذِيۡنَ صَدَقُوۡا ؕ وَاُولٰٓـئِكَ هُمُ الۡمُتَّقُوۡنَ‏﴿2:177﴾

(2:177) Righteousness does not consist in turning your faces towards the east or towards the west;175 true righteousness consists in believing in Allah and the Last Day, the angels, the Book and the Prophets, and in giving away one’s property in love of Him to one’s kinsmen, the orphans, the poor and the wayfarer, and to those who ask for help, and in freeing the necks of slaves, and in establishing Prayer and dispensing the Zakah. True righteousness is attained by those who are faithful to their promise once they have made it and by those who remain steadfast in adversity and affliction and at the time of battle (between Truth and falsehood). Such are the truthful ones; such are the God-fearing.


Notes

175. Turning one’s face towards the east or the west is mentioned here only by way of illustration. The actual purpose of the verse is to emphasize that the observance of certain outward religious rites, the performance of certain formal religious acts out of conformism, and the manifestation of certain familiar forms of piety do not constitute that essential righteousness which alone carries weight with God and earns His recognition and approval.

Surah 2 Al-Baqarah, Ayat 174-176

اِنَّ الَّذِيۡنَ يَكۡتُمُوۡنَ مَآ اَنۡزَلَ اللّٰهُ مِنَ الۡکِتٰبِ وَ يَشۡتَرُوۡنَ بِهٖ ثَمَنًا قَلِيۡلًا ۙ اُولٰٓـئِكَ مَا يَاۡكُلُوۡنَ فِىۡ بُطُوۡنِهِمۡ اِلَّا النَّارَ وَلَا يُکَلِّمُهُمُ اللّٰهُ يَوۡمَ الۡقِيٰمَةِ وَلَا يُزَکِّيۡهِمۡ ۖۚ وَلَهُمۡ عَذَابٌ اَ لِيۡمٌ‏ ﴿2:174﴾اُولٰٓـئِكَ الَّذِيۡنَ اشۡتَرَوُا الضَّلٰلَةَ بِالۡهُدٰى وَالۡعَذَابَ بِالۡمَغۡفِرَةِ​ ۚ فَمَآ اَصۡبَرَهُمۡ عَلَى النَّارِ‏ ﴿2:175﴾ ذٰلِكَ بِاَنَّ اللّٰهَ نَزَّلَ الۡکِتٰبَ بِالۡحَـقِّؕ وَاِنَّ الَّذِيۡنَ اخۡتَلَفُوۡا فِى الۡكِتٰبِ لَفِىۡ شِقَاقٍۢ بَعِيۡدٍ‏ ﴿2:176﴾

(2:174) Those who conceal anything of the Book revealed by Allah and sell it away for a trifling gain are merely filling their bellies with Fire.173 Allah will neither address them on the Day of Resurrection, nor shall He pronounce them “pure”.174 A painful chastisement lies in store for them. (2:175) They are the ones who bought error in exchange for true guidance, and chastisement in exchange for forgiveness. How patient they are in enduring the Fire! (2:176) This is so because Allah revealed the Book with the Truth, but those who disagreed concerning the Book veered far away from the Truth. 


Notes

173. This means that the blame for the growth of whole new codes consisting of superstitions, perverted customs, and unjustifiable taboos lay squarely on the shoulders of those religious scholars who had knowledge of the Scriptures but failed to transmit their knowledge to the common people. Moreover, later, when erroneous practices began to spread among them they remained mute spectators of this drama. Indeed, some of them kept wilfully silent about these matters thinking that their interests would be better served if the Scripture remained a sealed book and its injunctions were kept beyond the access of the common people. 

174. This is a refutation of the false claims made by their religious leaders and a clarification of the misconceptions regarding their positions and privileges which these leaders had been spreading among the common people. They spared no efforts to give the impression that they were sacred beings and that anyone who attached himself to them would necessarily earn God’s forgiveness through their intercession. Here God is telling them that He takes no notice of people who are unworthy to intercede for themselves, let alone able to intercede for others.

Surah 2 Al-Baqarah, Ayat 172-173

يٰٓاَ يُّهَا الَّذِيۡنَ اٰمَنُوۡا کُلُوۡا مِنۡ طَيِّبٰتِ مَا رَزَقۡنٰكُمۡ وَاشۡكُرُوۡا لِلّٰهِ اِنۡ کُنۡتُمۡ اِيَّاهُ تَعۡبُدُوۡنَ‏ ﴿2:172﴾ اِنَّمَا حَرَّمَ عَلَيۡکُمُ الۡمَيۡتَةَ وَالدَّمَ وَلَحۡمَ الۡخِنۡزِيۡرِ وَمَآ اُهِلَّ بِهٖ لِغَيۡرِ اللّٰهِ​ۚ فَمَنِ اضۡطُرَّ غَيۡرَ بَاغٍ وَّلَا عَادٍ فَلَاۤ اِثۡمَ عَلَيۡهِ​ؕ اِنَّ اللّٰهَ غَفُوۡرٌ رَّحِيۡمٌ‏﴿2:173﴾

(2:172) Believers! Eat of the pure things wherewith We have provided you for sustenance and give thanks to Allah170 if it is Him that you serve. (2:173) He has made unlawful to you only carrion and blood and the flesh of swine and that over which there has been pronounced the name of anyone other than Allah’s.171 But he who is constrained (to eat of them) – and he neither covets them nor exceeds the indispensable limit incurs no sin: Allah is All-Forgiving, All-Compassionate.172


Notes

170. The believers are told that if by having believed they have committed themselves to following the Law of God as they claim then they should abandon all taboos and prohibitions imposed by the pundits and priests, by the rabbis and church fathers, by the monks and recluses, and by their own forefathers. Although they were required to abstain from whatever had been prohibited by God, they ought to feel no compunction with regard to consuming all that He had permitted. This has also been alluded to in the saying of the Prophet reported in a Tradition in the following words: ‘Whoever prays in our manner, turns towards our qiblah (in Prayer), and eats (the flesh) of our slaughtered (animals), that person is Muslim. (Bukhari, ‘K. al-Salah’, 28; ‘K. al-Adahi’, 12; Muslim, ‘K. al-Adahi’, 6; Nasai, ‘K. al-lman’, 9; ‘K. al-Dahaya’, 17 – Ed.) This means that in spite of praying and facing towards the qiblah, a person is not fully assimilated into Islam as long as he maintains the pre-Islamic taboos in matters of eating and drinking and holds on to the fetters of superstition forged by the victims of Ignorance. A person’s adherence to these taboos is indicative of the fact that the poison of Ignorance continues to flow in his veins. 

171. This applies to the flesh of an animal slaughtered in the name of anything and anyone other than God as well as to the food prepared as an offering to someone other than God. God alone is the master of everything – of the animal whose flesh we consume as well as of every other kind of food – and it is He Who has mercifully provided us with them. Hence, if it is appropriate to pronounce any name as an expression of gratitude, of consecration, it can only be the name of God. To use anyone else’s name means that we believe that there is some other being either instead of or in addition to God which deserves to be acknowledged as our Lord and Benefactor. 

172. This verse grants permission to use prohibited things with three stipulations. First, one must be in a state of extreme compulsion, for example, being gravely ill or being so hungry and thirsty that one’s very life is in danger, and a prohibited thing is all that is available to save one’s life. Second, the person concerned should have no inclination to violate the Law of God. Third, in consuming the prohibited thing one should not exceed the limits of bare necessity. If a few bites or a few drops are enough to save one’s life, one ought not to go beyond the absolute minimum.

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