النص المفهرس

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Surah Al-Nisa' 4 : 58-59
towards those entitled to them and that, when you
judge between people, judge with fairness. Surely, good
is what Allah exhorts you with. Surely, Allah is All-
Hearing, All-Seeing. [58]
O those who believe, obey Allah and obey the
Messenger and those in authority among you. Then, if
you quarrel about something, revert it back to Allah
and the Messenger, if you believe in Allah and the Last
Day. That is good, and the best at the end. [59]
Commentary
The background of the revelation of these verses
The first of the two verses cited above was revealed in the back-
ground of a particular event which related to the custodial service of
the Ka'bah, an office of great honour even before the advent of Islam.
Those who were appointed to serve the House of Allah in a particular
area of responsibility were regarded as people of great prestige and
distinction in the community. Therefore, different areas of services
were distributed over different people. It was from the time of Jahil-
liyah that, during the days of Hajj, the service of providing drinking
water to pilgrims from the well of Zamzam was entrusted to Sayyidna
'Abbas رضى الله عنه , the revered uncle of the Holy Prophet of. This was
known as Siqayah. Some other services similar to this were in the
charge of Abu Talib, another uncle of the Holy Prophet & . Likewise,
the custodial duty of keeping the keys to the House of Allah and of
opening and closing it during fixed days had been given to 'Uthman
ibn Talhah.
According to a personal statement of 'Uthman ibn Talhah, the
Ka'bah was opened every Monday and Thursday during the period of
Jahilliyah and people would use the occasion to have the honour of
entering the sacred House. Once before Hijrah, the Holy Prophet
t
came with some of his Companions in order to enter the Ka'bah.
'Uthman ibn Talhah had not embraced Islam until that time. He
stopped the Holy Prophet صلى الله عليه وسلم from going in, displaying an
attitude which was very rude. The Holy Prophet صلى الله عليه وسلم showed
great restraint, tolerated his harsh words, then said: 'O 'Uthman, a
day will come when you would perhaps see this key to the Baytullah in
my hands when I shall have the power and choice to give it to anyone I

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Surah Al-Nisa' 4 : 58-59
choose.' 'Uthman ibn Talhah said: 'If this happens, the Quraysh will
then be all uprooted and disgraced.' He said: 'No, the Quraysh will
then be all established and very honourable indeed.' Saying this, he
went into the Baytullah. After that, says Talhah, when I did a little
soul-searching, I became convinced that whatever he has said is bound
to happen. I made up my mind that I am going to embrace Islam then
and there. But, my own people around me vehemently opposed the
idea and everybody joined in to chide me on my decision. So, I was
unable to convert to Islam. When came the conquest of Makkah, the
Holy Prophet صلى الله عليه وسلم called for me and asked for the key to
Baytullah, which I presented to him.'
In some narrations, it is said that 'Uthman ibn Talhah had climbed
over the Baytullah with the key. It was Sayyidna 'Ali Le Jtl _>, who, in
deference to the order of the Holy Prophet صلى الله عليه وسلم ,had forcibly
taken the key from his hand and had given it to the Holy Prophet .
So he went into the Baytullah, offered his prayers there, and when
he came out, he returned the key to Talhah saying: 'Here, take it. Now
this key will always remain with your family right through the Last
Day. Anyone who will take this key from you will be a tyrant.' (By this
he meant that nobody has the right to take back this key from Talhah)
He also instructed him to use whatever money or things he may get in
return for this service to Baytullah in accordance with the rules set by
the Shari'ah of Islam.
'Uthman ibn Talhah says: 'When I, with the key in my hand,
started walking off all delighted, he called me again, and said:
'Remember 'Uthman, did I not tell you something way back? Has it
come to pass, or has it not?' Now, I remembered what he had said
before Hijrah when he had said: 'A day will come when you will see
this key in my hand.' I submitted: 'Yes, there is no doubt about it.
Your word has come true.' And that was the time when I recited the
Kalimah and entered the fold of Islam.' (Mazhari, from Ibn Sa'd).
Sayyidna 'Umar ibn Al-Khattab e 01 », says: "That day, when the
Holy Prophet صلى الله عليه وسلم came out of the Baytullah, he was reciting
this very verse, that is, 58) إِن اللَّهَ يَأْمُرُكُمُ أَنْ تُؤَدُّوا الْآَمَنْتِ التَّى أَهْلِهَا). I had never heard
him recite this verse before this.' Obviously, this verse was revealed to
him inside the Ka'bah exactly at that time. Obeying the Divine

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Surah Al-Nisa' 4 : 58-59
command in the verse, the Holy Prophet صلى الله عليه وسلم called 'Uthman
ibn Talhah again and made him the trustee of the key, because
'Uthman ibn Talhah when he had given the key to the Holy Prophet
'.had said: 'I hand over this article of trust to you, صلى الله عليه وسلم
Although, the remark he made was not technically correct as it was
.the sole right of the Holy Prophet صلى الله عليه وسلم to take whatever course
of action he deemed fit. But, the Holy Qur'an has, in this verse, taken
into consideration the nature of trust involved therein, and directed
the Holy Prophet صلى الله عليه وسلم to return the key to none else but
'Uthman, although, that was a time when Sayyidna 'Abbas and Sayy-
idna 'Ali 4 July», had both requested that, since Baytullah's offices of
water supply and custodial services (Siqaya and Sidana) were in their
respective charge, this service of the Key-Bearer of the Ka'bah may be
entrusted to them. But, the Holy Prophet صلى الله عليه وسلم preferred to
follow the instruction given in this verse, bypassed their request and
returned the key to 'Uthman ibn Talhah. (Tafsir Mazhari)
This was the background in which this verse was revealed. At this
point let us bear in mind an important rule on which there is a
consensus. The rule is that even if a Qur'anic verse is revealed in a
particular background, the rule laid down by it in general terms must
be taken as of universal application and must not be restricted to that
particular event.
Now, we can turn to the meanings and exegetic aspects of these
verses.
The Holy Qur'an says: إِنَّ اللّهَ يَأْمُكُمْ أَنْ تُؤَدُّوا الأَمْنَتِ اللَى أَهْلِهَا .It means: 'Surely,
Allah commands you to fulfill trust obligations towards those entitled
to them.' As to who is the addressee of this command, there are two
probabilities: It could have been addressed to the general body of
Muslims, or it could have been addressed particularly.to those in
authority. What is more obvious here is that the verse is addressed to
everyone who holds anything in trust. This includes the masses and
also those in authority.
The emphasis laid on fulfilling trust obligations
The functional outcome of the command in the verse is that
everyone who holds anything in trust with him is duty-bound to see
that trust obligations are faithfully fulfilled and that the rightful

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4:58-59
recipients have in their hands what is their due. The Holy Prophet g
has laid great stress on the fulfillment of trust obligations. Sayyidna
Anas e JI , says: 'It must have been a rare sermon indeed in which
the Holy Prophet صلى الله عليه وسلم may not have said the following words:
لاَ إِيْمَانَ لِنَ لَ آَمَانَةَ لَهُ، وَلَا دِيْنَ لِمَنُ لَ عَهْدَ لَهُ
"One who does not fulfill trust obligations has no Faith ('Iman)
with him; and one who does not stand by his word of promise
has no religion (Din) with him." (Reported by al-Baihaqi in Shu'ab al-
'Īman)
Breach of Trust is a Sign of Hypocricy
According to narrations from Sayyidna Abu Hurairah and Sayyidna
Ibn 'Umar Jul , appearing in al-Bukhari and Muslim, the Holy
Prophet صلى الله عليه وسلم , while describing the signs of hypocricy on a
certain day, pointed out to a particular sign which was: 'Give him an
amanah and he will do khiyanah.' It means when an hypocrite is
charged with a trust obligation, he will commit a breach of trust.
Kinds of trust obligations
Here, worth pondering is the Qur'anic use of the word, Amanat
which is in the plural form. This is to hint that amanah (trust obliga-
tion) is not simply limited to cash or kind which someone may have
entrusted to someone else for safe-keeping until demanded, which is
the most prevailing and commonly understood form of amanah. The
cue is that there are other kinds of amanah as well. For example, the
incident mentioned earlier under the background of the revelation of
this verse does not have any financial aspect to it. The key to the
Baytullah was not a financial asset. Instead, this key was a symbol of
the office of the serving keeper of the Baytullah.
The offices of authority and government are trusts from Allah
This tells us that offices and ranks of government, whatever they
may be, are all handed over to the recipients as trust from Allah.
Those who receive it are its am in (trustees). This covers all officials
and everyone else in authority who wield the powers of appointments
and dismissals. For them, it is not permissible that they give any office
or job or responsibility to anyone who is not deserving of it in terms of
his relevant practical expertise or intellectual capability. Instead of
doing that, it is incumbent on those in authority that they must make

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a serious search for the most deserving person for every job, every
office within the jurisdiction of the government.
Cursed is he who appoints somebody undeserving to any office
In case, it is not possible to find the most perfect person for an
office, someone with the most desirable qualifications and capabilities,
someone who combines in himself all required conditions, then, prefer-
ence may be given to the one who is superior-most in terms of his
capabilities and trustworthiness from among the many of those avail-
able.
In a hadith, the Holy Prophet صلى الله عليه وسلم has been reported to
have said: If a person, who has been charged with some responsibility
relating to the general body of Muslims, gives an office to someone
simply on the basis of friendship or connection of some sort, without
finding out the capability or merit of the person concerned, the curse of
Allah falls on him. Not accepted from him is any act of worship which
he has been obligated with (fard) nor any of that which he offers volun-
tarily (nafl.), all along till the time he enters the Hell. (Jam'ul-Fawa'id, p.
325)
In some narrations it is reported that whoever entrusts a person
with an office of responsibility, although he knows that there is
another person more suited and more deserving for that office, then,
he has committed a breach of trust against Allah, against His
Messenger and against all Muslims.
The chaos and corruption seen in many systems of governance
these days is a sad consequence of ignoring this Qur'anic teaching, as
offices are distributed on the basis of connections, recommendations
and bribes. The result is that undeserving and unmerited people
usurp offices they are not fit to occupy, doing nothing but harassing
millions of God's own people, and in the process, destroying the very
edifice of the system.
Therefore, the Holy Prophet صلى الله عليه وسلم said:
اذا وسد الامر الى غير اهله فانتظر الساعة
"When the responsibility of affairs is placed under the charge
of those who are not deserving of and fit for it, then, wait for
the Day of Doom (that is, there is no solution for this chaos)."

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Surah Al-Nisa' 4 : 58-59
This instruction appears in a hadith from Kitab al-'Ilm of Şahin al-
Bukhari.
To recapitulate, let us remember that the Holy Qur'an uses the
plural form for trust obligations, that is, 'Amanat', and thus gives the
hint that trust obligations do not simply relate to property or other
financial assets held in trust by one person on behalf of the other.
Instead of that , it has many kinds, included wherein are offices of the
government.
There is a hadith where the Holy Prophet صلى الله عليه وسلم has said:
Chi Lei (Meetings are a kind of trust). It means that anything said
in a meeting is a matter of trust restricted to it. Reporting and publi-
cizing what transpired there without the permission of participants is
not permissible.
Similarly, another hadith says: 2gull It means: "The consultant
is a trustee.' It is incumbent on him that the counsel he gives must be,
in his best judgement, most beneficial for the seekers of the advice. If
he gives an advice which he knows is not in the best interest of the
seeker of the advice, he has committed a breach of trust right there.
Similarly, if someone confides you with his secret, it becomes an
article of trust kept on his behalf. Disclosing it to anyone without his
permission is a breach of trust. So, the present verse tells us to be
very particular in fulfilling all such trust obligations as due.
It was just the explanation of the first sentence of the first verse
which has brought us this far. Now, we proceed with the explanation
وَإِذَا حَكَمُهُمْ بَيْنَ النَّاسِ :of the second sentence of the first verse (58) which reads
Make 3 (when you judge between people, judge with fairness).
What is obvious here is that the mode of address in the verse refers to
those in authority who decide cases of dispute. Taking their cue from
here, some commentators have concluded that the addressee in the
first sentence is the same as in the second, that is, those in authority.
This does not take into consideration the leeway that exists here too,
very much like it is in the first sentence, that is, the probability exists
that both office-holders and masses are included in this address for the
simple reason that among the common people at large the usual prac-
tice is to appoint a neutral arbitrator to judge and decide between
disputing parties. However, there is no doubt that, at the first sight,

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Surah Al-Nisa' 4 : 58-59
the addressees of both these sentences appear to be none but those in
authority. Therefore, it can be said that their addressees are,
primarily, those in authority; while, secondarily, this address is also
directed at all those who are keepers of trusts, and who have been
appointed to arbitrate in some case.
It should be noted that Allah Almighty has said: big_ that is,
"between people"; and not anything like, 'between Muslims' or
'between believers.' Thus, the hint given is that all human beings are
equal in the sight of the decider of cases in dispute. They may be
Muslims or non-Muslims, friends or enemies, or they may belong to
the same country, colour, language, or may be from another country,
differ in colour and speak a different language. Those who have been
made responsible to judge between them are duty-bound to cast aside
all these connections and give their decision guided by whatever be the
dictate of truth, right and just.
Equity and justice guarantee world peace
In a nutshell, it can be said that the first sentence of this verse
carries the command to fulfill trust obligations, while equity and
justice have been enjoined in the second. Between the two, the fulfil-
ment of trust obligations has been given precedence. Perhaps, the
reason for this may be that the establishment of a system that guar-
antees equity and justice all over a country is just not possible without
it. It means that those who hold power in a country must, first of all,
fulfill their trust obligations, a bounden duty which has to be
discharged correctly and properly. Consequently they must appoint
only those to the offices of the government who prove to be the best of
the lot in terms of their ability to perform the required job and in
terms of their trustworthiness and honesty. In this matter, no back-
doors should be opened by acting on the basis of friendship, relation-
ships, connections, recommendations and bribes. If this is not done,
the result will be that gangs of the undeserving, and the incapable, or
hosts of usurpers and tyrants will take over all offices and entrench
themselves. When this happens, those at the highest level of power
and authority cannot, even if they genuinely wish to usher an era of
equity and justice in the country, do anything about it. The whole
thing will just become impossible because these very officials of the

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Surah Al-Nisa' 4 : 58-59
government are supposed to be the functionaries of the government
through which it acts. When these officials turn pilferers of the trust
or are flatly incapable of performing the duty entrusted to them, how
can equity and justice be installed in a system?
Specially worth-remembering in this verse is that Allah Almighty
has, by equating offices of the government with the trust obligations,
made it clear at the very outset that amanah or whatever is held in
trust should be handed over, properly and duly, to the person who is
its rightful owner. It is not permissible to dole out what is held in trust
to some beggar or someone needy just out of pity or mercy; or, it is also
not correct to give out something held in trust just to fulfill the rights
of some relative or friend. This is about amanah as it relates to
common trust holdings. Not too different from this are trust obliga-
tions seen in broader perspective. Very similar are the offices of the
government on which hinges a whole roster of things that have to be
done in the best interests of the masses of men and women created by
Allah Almighty. These too are trusts. They too have to be returned.
But, they must be handed over to those who are its rightful, deserving
recipients, those who have the ability to do what is required of them,
have the qualification, the capability, and are clearly the best of those
suitable and available for this office, and finally, are clearly superior to
those in line in terms of their honesty and trustworthiness. If this
office is given to anyone else other than these, this will be deemed as a
contravention of the Divine instruction, that is, the trust obligations
will not have been fulfilled as is their due.
Giving offices of government on the basis of regional or
provincial considerations is an error of principle
Furthermore, this sentence of the Wise Qur'an has removed the
common error which has be adopted as a rule of law in many countries
and constitutions of the world whereby the offices of the government
have been declared as the right of the people of a country. Because of
this error of principle, laws had to be enacted to guarantee the distri-
bution of government offices on the basis of the ratio of the population.
As such, every province or state of a country has fixed quotas. A
person from another province or state cannot be appointed on the
quota of one province, no matter how deserving and trustworthy he

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Surah Al-Nisa' 4 : 58-59
may be and no matter how undeserving and evil-doing the man from
the latter may be. The Qur'an has openly proclaimed that these offices
are not rights to be claimed by somebody. Instead, they are trusts
which can be given only to those who deserve it. They may belong to
one province or the other, one zone or the other. However, there is
nothing wrong in preferring to appoint a person belonging to the area
where the government has to have an office. Actually, there may be
many beneficial considerations behind it, but, the condition is that the
essential ability and trustworthiness of the incumbent must be
checked and found satisfactory before such an appointment.
State structure and some golden principles
So, from within the framework of this brief verse, some basic prin-
ciples emerge. These are:
1. By beginning the first sentence of the verse with 5)
(Surely, Allah commands you ... ), it has been clearly indicated that the
real command and rule is from Allah Almighty. All rulers of the
mortal world are the carriers of His command. This establishes that
the supreme authority, the ultimate sovereignty belongs to none but
Allah Almighty.
2. The offices of the government are not the rights of the residents
of a country which could be distributed on the basis of the ratio of
population. They are, trust obligations placed on our shoulders by
Allah Almighty which can be given only to those who are capable and
deserving of them.
3. Man's rule on this earth can be legitimate only as a deputy or
trustee. While formulating the laws of the land, he will have to be
bound and guided by the principles laid down by Allah Almighty, the
Absolute Sovereign, and which have been given to man through reve-
lation.
4. It is the standing duty of those in authority that they should,
whenever a case comes to them, give a judgement based on equity and
justice without making any discrimination on the basis of race,
country of origin, colour, language, even religion and creed.
After having enunciated these golden principles of state structure,
it has been said towards the end of the verse that the counsel thus

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Surah Al-Nisa' 4 : 58-59
given to man is good counsel, good as it can be, because Allah hears
everyone. He observes the state of a person who does not have the
ability to speak, not even the power or means to protest. Therefore, the
principles made and given by Him are such as will be practice-worthy
in every country, every age, always. Principles and orders made by
human minds are restricted within the parameters of their environ-
ment. They have to be inevitably changed when circumstances change.
So, the way those in authority were the addressees in the first verse
(58), people at large have been addressed in the second verse (59) by: 'O
those who believe, obey Allah and obey the Messenger and those in
authority among you.'
'Those in Authority':
Lexically, M ,l (uli'l-amr:) (translated here as 'those in authority')
refers to those in whose hands lies the management and administra-
tion of something. Therefore, Sayyidna Ibn 'Abbas, Mujahid and Hasan
al-Basri the earliest commentators of the Qur'an, may Allah be pleased
with them, have said that uli'l-amr fittingly applies to scholars and
jurists ('Ulama' and Fuqaha') since they are the succeeding deputies of
the Holy Prophet صلى الله عليه وسلم and the proper regulation of religion is
in their hands.
Then, there is a group of commentators, including Sayyidna Abu
Hurairah e July», , which says that uli'l-amr signifies officials and
rulers who hold the reins of government in their hands.
However, it appears in Tafsir Ibn Kathir and al-Tafsir al-Mazhari
that this expression includes both categories, that is, the scholars and
jurists as well as the officials and rulers because the system of
command is inevitably connected with these two.
A surface view of this verse shows three 'obediences' being
commanded here - of Allah, the Messenger and those in authority.
But, other verses of the Holy Qur'an have made it very clear that
command and obedience really belong to none but Allah - from Him
the command and to Him the obedience. The Qur'an says: J ši king!"
"The command belongs to none but Allah.' But, the practical form of
the obedience to His command is divided over four parts.

476
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Forms of obedience to Allah's commands
1. First of all come commands about something which Allah
Almighty has Himself revealed very explicitly in the Holy Qur'an and
which do not need any explanation - for example, the extremely
serious crime of shirk and kufr (the ascribing of partners to the
divinity of Allah, and disbelief); the worship of Allah, the One; the
belief in Akhirah, the life-to-come, and in Qiyamah, the Last Day; and
the belief in Sayyidna Muhammd al-Mustafa صلى الله عليه وسلم as the Last
and True Messenger of Allah; the belief in and the practice of Salah
(prayers), Sawm (fasting), Hajj (pilgrimage) and Zakah (alms) as fard
(obligatory). All these are direct Divine commands. Carrying these out
means a direct obedience to Allah Almighty.
2. Then, there is the second part consisting of ahkam or commands
which needs to be explained. Here, the Holy Qur'an often gives a terse
or unspecified command the explanation of which is left to the Holy
Prophet صلى الله عليه وسلم .Now, the explanation or enlargement of the
subject which the Holy Prophet صلى الله عليه وسلم takes up through his
ahadith is also a kind of way (revelation). If these explanations, based
on personal judgment, miss something or fall short in any way, correc-
tion is made through wahy. Finally, the word and deed of the Holy
Prophet صلى الله عليه وسلم as it is in the end, becomes the interpretation of
the Divine command.
Obedience to the Divine commands of this nature is, though, the
very obedience, of the commands of Allah Almighty in reality, but,
speaking formally, since these commands are not physically and expli-
citly the Qur'an as such - they have reached the community through
the blessed words of the Holy Prophet صلى الله عليه وسلم - therefore, obedi-
ence to them is academically said to be an obedience to the Messenger
which, in reality, despite being in unison with obedience to the Divine,
does have a status of its own if looked at outwardly. Therefore,
throughout the Holy Qur'an, the command to obey Allah has the allied
command to obey the Messenger as a constant feature.
3. The third category of Ahkam or commands are those which have
not been explicitly mentioned in the Holy Qur'an or in the Hadith, or if
they do appear in the later, the narrations about such commands
found in the enormous treasure-house appear to be conflicting. In the

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4 :58-59
case of such ahkam, Mujtahid 'Ulama (scholars having the highest
multi-dimensional expertise in religious knowledge through original
sources) delve into the established texts of the Qur'an and Sunnah
along with a close study of precedents and parallels offered by the
problem in consideration, giving their best thought and concern to
arrive at the appropriate rule of conduct while staying within the
parameters of the imperatives of the sacred texts. This being so, the
obedience to these rules is one and the same as the obedience to the
Divine because it has been, in all reality, deduced from the Qur'an and
Sunnah. But, when seen formally, these are known as juristic edicts or
fatawa as popularly understood and are attributed to religious
scholars.
Under this very third category, come the Ahkam which are free of
any restrictions from the Qur'an and Sunnah. In fact, here people have
the choice to act as they wish. This, in the terminology of the Shari'ah
is known as Mubahat (plural of Mubah meaning 'allowed'). The formu-
lation, enforcement and management of orders and rules of this nature
has been entrusted with rulers and their officials so that they can
make laws in the background of existing conditions and considerations
and make everybody follow these. Let us take the example of Karachi,
the city where I live. How many post offices should there be in this
city? Fifty or hundred? How many police stations? What transit
system will serve the city best? What rules to follow in order to
provide shelter for a growing population? All these areas of activity
come under Mubahat, the allowed, the open field. None of its aspects
are rated Wajib (necessary) or Haram (forbidden). In fact, this whole
thing is choice-oriented. But, should this choice be given to masses, no
system would work. Therefore, the responsibility of organizing and
running the system has been placed on the government.
Now, returning to basics it can be said that, in the present verse,
the obedience to those in authority means obedience to both 'ulama'
and hukkam (religious scholars and officials). According to this verse,
it becomes necessary to obey Muslim jurists in matters which require
juristic research, expertise and guidance as it would be equally neces-
sary to obey those in authority in matters relating to administrative
affairs.

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This obedience too is, in reality, the obedience to the ahkam or
commands of Allah Almighty. But, as seen outwardly, these
commands are not there in the Qur'an or the Sunnah. Instead, they
are either enunciated by religious scholars or the officials. It is for this
reason that this particular call for obedience has been separated and
placed at number three and given the distinct identity of 'obey those in
authority'. Let us keep in mind that, the way it is binding and neces-
sary to follow the Qur'an in the specified textual provisions of the
Qur'an and follow the Messenger in the specified textual provisions of
the Messenger, so it is necessary to follow Muslim jurists in matters
relating to jurisprudence, matters which have not been textually speci-
fied, and to follow rulers and officials in matters relating to adminis-
tration. This is what 'obedience to those in authority' means.
Obedience to authority in anti-Shari'ah activities is not
permissible
If we look at verse 58 and the command to 'judge between people
with fairness' along with the command to 'obey those in authority' in
verse 59, we can see a clear hint to the effect: If the Amir, the authority
in power, sticks to 'adl (justice), obedience to him is wajib (necessary);
and should he forsake justice and promulgate laws against the
Shari'ah, the amir will not be obeyed as far as those laws are
لاطاعة لمخلوق في معصية : has said صلى الله عليه وسلم concerned. The Holy Prophet
Jul . Literally, 'there is no obedience to the created in the matter of
disobedience to the Creator,' which means that such obedience to the
created as makes disobedience to the Creator necessary is not permis-
sible.
Another point which emerges from the statement: "And you judge
between people, judge with fairness" (verse 58), is that a person who
does not have the ability and the power to maintain equity and justice
should not become a Qadi (judge), because "judging with fairness" is
amanah, the great charge of the fulfillment of a trust obligation, some-
thing which cannot be guarded, defended and fulfilled by a weak and
incapable person. Relevant to this is the case of Sayyidna Abu Dharr
that he may صلى الله عليه وسلم who had requested the Holy Prophet رضى الله عنه
be appointed as the governor of some place in the Islamic state. In
reply, he said:

479
Surah Al-Nisa' 4 : 60-64
يا اباذر انك ضعيف وانّهَا امانة وانها يوم القيمة خزى وندامة الا من اخذ
بحقها وادى الذى عليه فيها (رواه مسلم بحواله مظهرى)
"O Abu Dharr, you are weak and this is an office of trust,
which may, on the Day of Doom, become the cause of disgrace
and remorse, except for one who has fulfilled all his trust obli-
gations, fully and duly (that is, he will be spared of that
disgrace)." (Muslim, in Mazhari)
The just person is the favourite servant of Allah
There is a hadith in which the Holy Prophet صلى الله عليه وسلم has been
reported to have said: "The just person is loved by Allah and he is the
closest to Him, while the unjust person is cast far away from the
mercy and grace of Allah.'
According to another hadith, the Holy Prophet صلى الله عليه وسلم said to
his noble Companions: 'Do you know who will be the first to go under
the shade of Allah?' They said: 'Allah and His Messenger know this
best.' Then, he said: 'These will be people who, when truth appears,
hasten to accept it; and when asked, they spend their wealth; and
when they judge (between people), they do it as fairly as they would
have done for themselves.'
The Proof of Ijtihad and Qiyas
فَإِنُ تَنَازَ عُتُمْ فِى شَيْ فَرُدُّوهُ إِلَى اللّهِ : Finally, let us now refer to the statement
J251; in verse 59 (Then, if you quarrel about something, revert it back
to Allah and the Messenger.)
This 'reverting back to Allah and the Messenger' takes two forms:
1. Revert to ahkam, the code of commands as mandated in the Book
of Allah and the Sunnah of the Messenger of Allah.
2. If the textually-mandated ahkam do not exist, the act of
reverting back will be accomplished by analogical deduction (Qiyas) as
based on their precedents.
The words of the expression: ss (revert it back) are general, thus
being inclusive of both forms.
Verses 60 - 64
آَمْ تَ إِلَى الَّذِينَ يَوْ عُمُونَ أَنَّهُمْ امَنُوا فَِّ أُنزِلَ إِلَيْكَ وَمَا أُنزِلَ

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Surah Al-Nisa' 4 : 60-64
مِنْ قَبْلِكَ يُرِيُدُونَ آَنْ يَتَحَاكَمُؤْا إِلَى الطَّاغُوتِ وَقَدْ أُمِرُوا أَنْ
يَكْفُرُوا بِهِ، وَمُرِيُ الشَّيْطِنُ آَنْ تُضِلَّهُمْ ضَلْلاً، بَعِيْدًا(٦) وَإِذَا
هُمْ تَعَالَرًا إِلى مَآ أَنْزَلَ اللَّهُ وَإِلَى الرَّسُولِ رَآَيْتَ
تُفِقِيْنَ يَصُدُّونَ عَنْكَ صُدُوْدًا (٦١) فَكَيْفَ إِذَا آَصَابَتُهُمْ
مُصِيْبَةٌ ◌ِمَا قَدَمَتُ آَيْدِيُهِمْ ثَُّ جَاءُوُكَ يَحْلِفُوْنَهَ بِاللَّهِ إِنُ
أَرَدْنَاَ إِلَّا إِحْسَانًا وَتَوْفِيُقًّا (٦٢) أُولَئِكَ الَّذِينَ يَعْلَمُ اللهُ مَا
فِيُ قُلُوبِهِمَْ فَاَعُرِضُ عَنْهُمْ وَعِظُهُمْ وَقُلْ لَّهُمْ فِىَ آَنْفُسِهِمْ
قَوْلًا، بَلِبِغَّا (٦٣) وَمَا أَرْسَلْنَا مِنْ رَّسُولٍ إِلاَ لِيُطَاعَ باذُنِ اللَّهِ،
وَلَوْ أَنَّهُمْ إِذْ ظَلَمُوا أَنْفُسَهُمْ جَاءُكَ فَاسْتَغُفَرُوا اللهَ
وَاسْتَغْفَرَ لَهُمْ الرَّسْلُ لَوَجَدُوا اللَّهُ تَوَّابًا رَحِيُمَا (١٤)
Have you not seen those who claim that they have
believed in what was revealed to you and what was
revealed before you? They want to take their disputes
to the Taghut while they were ordered to reject it. And
the Satan wants to mislead them to a remote wrong
way. [60]
And when it is said to them, "Come to what Allah has
revealed and to the Messenger," you will see the hypo-
crites turning away from you in aversion. [61]
But, how will it be when they will come to suffer a
calamity because of the acts of their own hands, then
they will come to you swearing by Allah, "We meant
nothing but to promote good and bring about
harmony." [62]
Those are the ones Allah knows what is in their hearts.
So, ignore what they are and give them good counsel
and speak to them about themselves in appealing
words. [63]
And We did not send any Messenger but to be obeyed
by the leave of Allah. And had they, after having
wronged themselves, come to you and sought forgive-
ness from Allah and the Messenger sought forgiveness

481
Surah Al-Nisa' 4 : 60-64
for them, they would have certainly found Allah most-
relenting, very-merciful. [64]
Verses previous to these carried the command to revert back to the
mandate given by Allah and the Messenger in all matters. In the
present verses which follow, the act of reverting to laws contrary to the
Shari'ah has been censured.
Commentary
The background of the revelation of these verses
There is a special incident behind the revelation of these verses,
the details of which identify a hypocrite by the name of Bishr. He got
into a dispute with a Jew. The Jew said, "Let us go to Muhammad g
and ask him to settle our dispute.' But, Bishr, the hypocrite, did not
accept this proposal. Instead, he came up with a counter-proposal
suggesting that they go to a Jew, Ka'b ibn Ashraf and let him give a
decision. Ka'b ibn Ashraf was a tribal chief among the Jews and was a
sworn enemy of the Holy Prophet صلى الله عليه وسلم and his Muslim
followers. It was a strange coincidence that a Jew would leave his chief
aside and elect to go by the judgement of the Holy Prophet g , while
Bishr, who called himself a Muslim, would bypass him and elect to go
by the judgement of the Jewish chief. But, there was a secret behind
it. Both of them were certain that the Holy Prophet صلى الله عليه وسلم will
give a judgement which is bound to be true and just. It will be free
from apprehensions about any tilt or favour or misunderstanding.
Since the Jew was on the right in this dispute, so he had more confi-
dence in the Holy Prophet صلى الله عليه وسلم as compared to his own chief,
Ka'b ibn Ashraf. Bishr, the hypocrite was in the wrong, therefore, he
knew that the Prophet's judgement will be against him - even though
he claimed to be a Muslim while his adversary was a Jew.
However, after some mutual cross talk between them, both of them
agreed upon the option of going to the Holy Prophet @ and requesting
him to give a decision in their dispute. So, the case went to him. He
made relevant investigation in the case which proved that the Jew
was in the right. Consequently, he gave a decision in his favour. But,
on the other side, there was Bishr, a pretending Muslim, who lost his
case before him. He was not pleased with this judgement, so he hit
upon a new plan - to persuade the Jew to somehow agree to go to

482
Surah Al-Nisa'
4:60-64
Sayyidna 'Umar ibn al-Khattab a ill yo, and have him give a decision
in their case. The Jew agreed. There was a secret here too. Bishr was
under the impression that Sayyidna 'Umar is usually hard on disbe-
lievers so he would, rather than decide in favour of the Jew, decide in
his favour.
Thus, they both reached Sayyidna 'Umar ar Ul », . The Jew told
him everything about the incident and also narrated to him how the
Holy Prophet صلى الله عليه وسلم had already given his decision in this case
and that 'this man was not satisfied with it and had, therefore,
brought his case before you.'
Sayyidna 'Umar . l., asked Bishr, "Is this what really
happened?" He confessed that this is how it was. Thereupon, Sayyidna
'Umar ate All _+, said: "All right, you wait here, I am coming." He went
into the house and came out with a sword which he swung to finish
the hypocrite off, saying: "This is the decision for him who is dissatis-
fied with the decision of the Holy Prophet صلى الله عليه وسلم" (This incident
appears in Ruh al-Ma'ani from Sayyidna Abdullah ibn 'Abbas as narrated by Tha'labi and Ibn Abi
Hatim).
Most commentators have also added that, following this incident,
the heirs of the hypocrite thus killed filed a suit against Sayyidna
'Umar ue July», accusing him of having killed a Muslim without
adequate legal authority as admitted by the Shari'ah of Islam. To
strengthen their case, they submitted interpretations of his kufr
(disbelief) in words and deeds in order to prove his being a Muslim. In
the present verse, Allah Almighty has unfolded the reality behind the
case, confirming that the person killed was a hypocrite, and thus it
was that Sayyidna 'Umar ate U _», was absolved.
Also reported are some other incidents of this nature where people
had bypassed clear Islamic legal verdict to finally accept the decision
of a soothsayer or astrologer. It is possible that the present verse was
revealed about all such incidents.
The explanation of verses
The first verse (60) exposes the claim of those who say that they
have believed in earlier scriptures, the Torah and the Evangile, and
now believe in the Book (the Qur'an) revealed to the Holy Prophet

483
Surah Al-Nisa' 4 : 60-64
Muhammad صلى الله عليه وسلم .That is, earlier in time, they were a part of
the community of the people of the Book, then they entered the fold of
Islam and became a part of the Muslim community. The verse warns
that this claim of theirs is simply a verbal camouflage for their hypo-
cricy. Their hearts are stuffed with the same old disbelief which has
come out in the open during this dispute when Bishr, bypassing the
Holy Prophet صلى الله عليه وسلم , proposed that the Jewish chief, Kab ibn
Ashraf be the judge in that dispute and, in addition to that, later when
the Holy Prophet , Le All I gave a clear and just decision, he found
it unacceptable.
The comment which follows immediately, employs the word,
"Taghut" which has been left untranslated. Lexically, "Taghut"
primarily means 'one who exceeds the limits.' In usage, the Satan is
referred to as Taghut. In this verse, carrying the dispute to Ka'b ibn
Ashraf has been equated with carrying it to the Satan. The reason
could be that Ka'b ibn Ashraf was himself a satan personified, or it
could be that bypassing a decision under the God-given law and
preferring a decision contrary to it can only come from the teaching of
the Satan. About anyone who follows this course, it is clear that he has
virtually taken his case to the court of none else but the Satan. There-
fore, right there in the end of this verse, there appears the warning
that those who follow the Satan, the Satan will mislead them to a
remote wrong way.
The second verse (61) tells us that turning away from the decision
of the Holy Prophet صلى الله عليه وسلم , given under the dictates of the
Shari'ah in matters relating to mutual quarrels and disputes, can
never be the response of a Muslim. One who does it has to be a
munafiq (hypocrite). Thus, when the disbelief of this hypocrite was
practically exposed through his dissatisfaction with the decision of the
Holy Prophet صلى الله عليه وسلم , his being killed by Sayyidna 'Umar became
all the more justified, because he no more remained a mun afiq
(hypocrite) and, in fact, became an open Kafir (or apostate). Therefore,
it was said; 'And when it is said to them, "Come to what Allah has
revealed, and to the Messenger," you will see the hypocrites turning
away from you in aversion.'
The third verse (62) exposes as false all interpretations advanced by

484
Surah Al-Nisa' 4 : 60-64
those who bypassed decisions given under God-given laws only to turn
to decisions which were contrary to it. Their plea, in gist, was that
they did not bypass the Messenger of Allah for any reason of lack of
belief in the truth of his station and mission and that they did not
prefer the decision of others over his decisions as if it was the ultimate
Truth. Rather, they claimed, there were expedient considerations
which led them to taking this course of action. For instance, one such
expedient consideration was that, a case going to the Messenger of
Allah would have meant that the decision would have been strictly
legal, true and just - devoid of any options of mutual patch-up and
tolerance (of 'other' factors not necessarily just): Naturally, articu-
lating deceptively, they said they took the case somewhere else so that
something good shows up for both parties through a mutual. concilia-
tion.
As evident, they came up with all these interpretations only when
their secret was revealed and their wickedness and hypocricy came out
in the open and their man was killed at the hands of Sayyidna 'Umar
at Ulu) . In short, it was a consequence of their evil deed which
brought upon them the disgrace or disaster of an accomplice killed,
following which they started making statements on oath with all sorts
of excuses and interpretations. Allah Almighty, in this verse, makes it.
very clear that these people are liars in their oaths and interpretations
and that everything they have done, they have done because of their
disbelief and hypocricy. Their pattern of behaviour is that, when called
to come to the Book of Allah and to His Messenger, they would turn
away, all averse - which is no hallmark of a true Muslim. But they, as
the verse says, would become all alert once they get into trouble as a
result of their own evil deeds - like when the exposure of their breach
of trust or hypocricy brings shame on them, or when it leads to the
killing of their man - then, they come to the Messenger swearing by
Allah that they meant nothing but good. That they took their case to
somebody else was not because they did not believe in the Prophet, or
that they doubted the veracity of his judgement, but that their aim
was to promote good and bring about harmony between the disputing
parties.
The fourth verse (63) comes up with the answer. It says that Allah

485
Surah Al-Nisa' 4 : 60-64
is all-aware of the disbelief and hypocricy rooted in their hearts. All
their interpretations are false, and their oaths, an excercise in lying.
So, the Holy Prophet & is being asked to ignore their excuses and
reject their charge of excess against Sayyidna 'Umar at Ulu+) , as the
disbelief of this particular hypocrite had become manifest.
After that, towards the end of this verse (63), the Holy Prophet
has been asked to give good counsel to the rest of the hypocrites as
well, in a way that may touch their hearts, that is, tell them to fear
what lies beyond the present life and invite them to follow the path of
Islam sincerely, or remind them of their likely worldly punishment in
the event they stuck to their hypocricy which might be exposed some
day, some time, and they might as well meet the same fate as did
Bishr, the hypocrite.
The fifth verse (64) begins by stating a universal Divine principle:
'And We did not send any Messenger but to be obeyed by the leave of
Allah.' It means that any Messenger who was sent by Allah was sent
so that everyone obeys the rules set by him in accordance with the will
and command of Allah Almighty. In that case, the inevitable
consequence will be that anyone who opposes the rules set by the
Messenger will be dealt with in the manner disbelievers are dealt
with. Therefore, whatever Sayyidna 'Umar at Ulu», did turned out to
be correct. Following this appears an advice in the best interest of the
hypocrites indicating that they would have done better if, rather than
indulge in false oaths and interpretations, they would have confessed
their error and presented themselves before him seeking forgiveness
from Allah, and the Messenger too prayed for their forgiveness, then,
Allah Almighty would have certainly accepted their repentance.
At this place, for the repentance to be acceptable, two things have
been made binding: That they present themselves before the Holy
Prophet صلى الله عليه وسلم and that he then prays for their forgiveness.
Perhaps, the first reason is that they violated the great station of
prophethood bestowed by Allah Almighty on His noble Messenger
and caused him undue pain by disregarding the decision given by him.
So, in order that their repentance over their crime becomes acceptable,
the condition that they present themselves before the Holy Prophet
and that he prays for their forgiveness was imposed on them.