Indexed OCR Text

586
Surah Al-Nisa'
4:127-130
But, should it be that the woman, under such conditions, is not willing
to secure her release - whether in the interest of her children or
because she has no other supporter - then, she is left with only one
alternative: Get the husband to agree to some option. For example, the
woman may surrender all or some of her rights while the husband
takes it to be reasonable enough as it unburdens him of many claims
against him with the advantage of having a wife in bonus. May be this
arrangement makes peace prevail between them.
That such a compromise could be expected has been pointed out in
this verse of the Holy Qur'an by saying: ◌ّوَأَحضرت الانفسُ الشّع (Avarice is made
to be present in human souls). In such a compromise, the greed of the
woman lies in her intense desire to protect the future of her children
for she fears that her release from the husband will ruin it, or that her
life elsewhere may come out to be more bitter. On the other side, the
husband is tempted by what the woman does. He sees that she has
forgiven her dower due on him fully or partly and that she has also
stopped from claiming other rights as well. Why then, he may think,
should it be at all difficult for him to get along with her? Thus, a
mutual compromise would become easy.
Then, along with this, it was also said:
وَإِنِ امْرَأَةٌ خَافَتٌ مِنْ بَعْلِهَا نُشُوُّزًا أَوُ اِعْرَاضًا فَلَ مُجْنَاحَ عَلَيْهِمَا أَنْ يُصْلِحًا
بَيْتَّهُمَا صُلُحًا
"And if a woman fears ill treatment or aversion from her
husband, then, there is no sin upon them in entering into a
compromise between them."
Here, the expression فَلاَ جُنَاحَ عَلَيْهمَا ( ... there is no sin upon them ... )
has been used to cover the nature of the deal which, on the surface,
appears to be a sort of bribe where the husband has been tempted
with the forgiveness of dower and other claims and the bond of marital
life has been kept intact. But, this (sagacious) statement of the Qur'an
has made it clear that this is not included under bribery. Instead, it is
included under expediency in the sense of a wise consideration under
complex circumstances when the parties involved surrender their
initial claims and agree to some moderated mean. This is permissible.

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Surah Al-Nisa'
4 : 127-130
The Interference of Others in a marital Dispute
According to al-Tafsir al-Mazhari, the words used in the Holy
Qur'an at this place are: EL GE Ely. It means that the husband
and wife should enter into a compromise in between them. Here, the
word wy (between the two of them) suggests that it is better if no
third person interferes in husband-wife matters - let the two of them
come to mutual compromise on some basis. This is because the injec-
tion of a third person may, at times, make the very compromise impos-
sible. Even if such a compromise is reached, the weaknesses of the
couple get exposed before a third person unnecessarily, staying safe
against which is expedient for both parties.
Towards the end of this verse (128), it was said:
وَإِنْ تُحُسِنُوا وَتَتَّقُوا فَإِنَّ اللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيْرًا
"And if you do good and fear Allah, then, Allah is all-aware of
what you do."
In the background of options given earlier, the husband did have
the legal choice of releasing his wife on the basis of emotional incom-
patibility which made it difficult for him to fulfill her rights. Then,
according to the first sentence of this verse, it is also permissible to
enter into a compromise with one's wife when she offers to surrender
some of her claims. Now, the last of the verse cited here brings forth a
third option. The meaning of what has been said is: 'But, if you keep
the fear of Allah in your heart and elect to be gracefully benign in
your conduct and carry on accommodatingly with the relationship
despite your emotional incompatibility and keep fulfilling her rights as
due, then, this excellent conduct of yours is before Allah, the result of
which is obvious. Almighty Allah will reward you for your forbearance
and for the graces of your good deeds with blessings you can never
imagine: Perhaps, this is the reason why the text stops at: 'Allah is
all-aware of what you do.' It does not spell out the return for the good
deed. The hint thus given is that it will be far more than one can ever
imagine.
A Summary of Comments made
When the husband, for some reason, feels emotionally estranged
with his wife and realizes that his rights remain unfulfilled, he should

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Surah Al-Nisa'
4:127-130
try to correct matters which fall within the range of what the wife can
do. Such effort of correction can temporarily be expressed in the form
of coldness, hard advice and even soft disciplining under circum-
stances of extreme compulsion as it has already appeared in the early
verses of Surah al-Nisa'. If the husband loses hope in correction in
spite of all his efforts, or there is something about it the correction of
which is just not in the control of his wife, then comes the situation in
which the law of Islam gives him the right to divorce and release his
wife in a decent manner without any altercation. But, if he elects to go
along with the relationship living under the same conditions while
ignoring his rights and fulfilling hers in full, then, this conduct of his
is highly meritorious and deserving of a great reward. In contrast, if
the case is the cther way around, that is, the husband does not fulfill
the necessary rights of his wife for which reason the wife wishes to be
released by him. Now, under this situation, if the husband is also
willing to release her, the course is clear. The woman too has the right
to react when the husband wishes to release her on the basis of non-
fulfillment of his rights - she too has the right to opt for her freedom.
In case, the husband is not ready to release her on his own, the wife
has the right to reclaim her freedom through an Islamic court. But, if
she braves through the cold and crooked ways of her husband with
patience surrendering her claims to due rights, carries on living with
him in a spirit of accommodation and keeps fulfilling his rights, then,
this is highly meritorious for her and deserving of a great reward.
The Guideline in Essence
Thus, on the one hand, the Holy Qur'an gives to both parties the
legal right to remove difficulties from their relationship and to receive
their due right; while, on the other, by prompting both of them to
demonstrate high morals and to be patient with the loss of their
rights, the instruction given was that they should abstain from
severing their relationship to the farthest limit of possibility. Both
parties should bypass bits of their claims and come to a compromise on
some mutually agreed formula.
Compromise: The Better Option
Initially, this verse simply mentions that compromise is permis-
sible in the event of a husband-wife difference and towards the end of

5.9
Surah Al-Nisa' 4 : 127-130
the verse, the parties have been prompted to carry on with the rela-
tionship in the best spirit of patience and forbearance in the event that
such a compromise does not materialize. In between, there appears a
sentence which proves the desirability of compromise as the favoured
choice. It was said:"2 mal (The compromise is better). The nature of
the sentence is fairly general as stated. It certainly includes husband-
wife disputes in the present context. However, it also includes all other
kinds of family differences as well as all mutual disputes, altercations
and litigations that come up in worldly life. This is because the words
of the Holy Qur'an are general - "The compromise is better'.
Thus, the parties would fare better if they avoid being stubborn
about the fulfillment of their demands in toto and elect to forgo some
of these from each side and agree to a compromise on some middle
ground. The Holy Prophet صلى الله عليه وسلم has said:
كُلُّ صُلُجَ جَائِرٌ بَيْنَ الْلِمِيْنَ إِلَّصُلُحًا أَحَلَّ حَرَامًا أَوْ حَرَّمَ حَلَالًا، وَالْتُلِمُونَ
عَلَى شُرُوْطِهِمْ إِلَّ شَرْطًا حَرَّمَ حَلَالًا
"Every compromise is permissible between Muslims except a
compromise in which something unlawful has been made
lawful or something lawful has been made unlawful and
Muslims must abide by accepted conditions except a condition
in which something lawful has been made unlawful." (Narrated
by Al-Hakim from Kathir ibn 'Abdullah, Tafsîr Mazharî)
For example, it is not permissible to enter into a compromise with
one's wife on the condition that the husband will also marry her sister
because Islamic law prohibits combining two sisters in the bond of
marriage. This is haram or unlawful. Or, the husband may wish to
compromise on the condition that he will not fulfill the rights of the
other wife for this amounts to turning something lawful into some-
thing unlawful.
Since, in the hadith narration quoted above, every compromise has
been declared as permissible in a general sense, Imam Abu Hanifah
has deduced from this statement the ruling that all kinds of compro-
mises are permissible. They may be with an avowal, for example, the
defendant's confession that he owes $1,000 as claimed by the plaintiff
following which a compromise may be arrived at either by the

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Surah Al-Nisa' 4 : 127-130
surrender of a certain part of the total amount claimed by the plaintiff,
or by his taking something in lieu of the claimed amount, or through a
lack of avowal or disavowal by the defendant who may simply wish to
reach a certain compromise no matter what the claim be in reality. Or,
despite a disclaimer, the defendant may bring himself round to pay up
some of the amount just to end the dispute and this very action may
make the compromise possible. All these three kinds of compromise
are permissible. However, in the eventuality of silence or denial, there
does exist a difference among some jurists.
Finally, worth mentioning here is a problem which relates to the
compromise between a married couple mentioned in this verse. If a
woman makes a compromise by surrendering some of her rights, this
compromise will totally eliminate the right of the woman the fulfill-
ment of which stood incumbent on the husband at the time of the
compromise. For example, the payment of the dower which was due to
to be paid by the husband before the compromise. So, when she makes
a compromise by forgiving the whole or part of the dower, then, this
dower or its part would stand devolved after which her right to claim
it would lapse. But, the rights the fulfillment of which was just not
obligatory on the husband at the time of the compromise - for example,
the payment of expenses in the future or the right to privacy which
would be applicable in the future - will not be, for all practical
purposes, his responsibility to fulfill. If a compromise is reached on the
basis of a surrender of these rights, the right of the woman to claim
these does not devolve for ever. Instead, she can declare any time she
so chooses that she is not willing to forgo the right in future. Under
this situation, the husband will have the choice to release her. (Tafsir
Mazharī etc.)
In the last verse (130) :ِوَإِنْ يَتَفَرَّقَا يُغْنِ اللَّهُكُلّا مِنْ سَعَتِه (And if they separate,
1
Allah shall, through His capacity, make each of them need-free), both
parties have been comforted in case all efforts to put things right
between them come to naught and they have to separate. This should
be no cause for concern. Allah Almighty will make each of them free
from needing the other. The woman will get another home, and a
source of support, and the man will find another woman. The power of
Allah is extensive. There is no reason to lose hope. Let each one of the

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Surah Al-Nisa'
4: 127-130
couple think of the life they had before getting married. They were two
separate individuals who did not know each other as husband and
wife. Almighty Allah made it possible for them to be united in
marriage. The same thing can happen again.
By saying :وَكَانَ اللّهُ وَاسِعًا حَكِيمًا (And Allah is All-Embracing, All-Wise)
at the close of the verse, it has been confirmed that the dimensions of
Allah's capacity are most extensive and everything that issues forth
from Him is based on wisdom. It is quite possible that the very separa-
tion may be the most expedient solution of the problem. The post-
separation period may bless them with mates that make their lives
good to live.
No one is responsible for something beyond his control
In order to make married life pleasant and stable, the Holy Qur'an
has given important instructions to both parties in these verses. Out of
these, there is the verse : ◌ِوَلَنْ تَسْتَطِيعُوا أَنْ تَعْدِلُوا بَيْنَ النَّسَاء (And you shall never
be able to maintain real equality between wives ... - 129) which carries a
special instruction for both. At this point it will be recalled that the
Holy Qur'an has already established in the beginning of Surah al-Nisa'
that a man who holds more than one wife in the bond of marriage is
duty-bond to maintain justice and equality among all wives, and that
if one thinks that he would be unable to fulfill this obligation, he
should not take more than one wife. It was said: ◌ًفَإِنْ خِقُهُمُ الَّ تَعْدِلُوا فَوَاحِدَة "But,
if you fear that you will not maintain equity, then, (keep to) one
woman (4:3)."
The Holy Prophet صلى الله عليه وسلم has, by his word and deed, declared
that maintaining justice and equality among wives is a very emphatic
injunction and he has given stern warnings to those who contravene it.
Sayyidah 'A'ishah Lidl, has said that the Holy Prophet & took
great care in making perfectly sure that he treats his wives equally
and justly. While he did so, he prayed to Allah:
اللَّهُمَّ لهَذَا قَسُمِىٌ فِيْمَا آَمُلِكُ، فَلاَ تَلُمُنِىُّ فِيْمَا تَخْلِكُ وَلَ آَمْلِكُ
O Allah, this equalization of mine is in what I have in my
control, therefore, do not make me answerable for what is in
Your control (that is, emotional inclination) and not in mine.
Who could be in control of his self more than the Holy Prophet ?

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Surah Al-Nisa'
4 :127-130
Yet, the matter of emotional inclination was what he too ruled as
something out of his control and prayed to Almighty Allah that he be
excused on that count.
The veneer of the words in verse 3 of Surah al-Nisa' gave the
impression that maintaining equity between wives was an absolute
obligation which, obviously, includes equity in emotional inclination
while this is something not in one's control. Therefore, in this verse of
the Surah al-Nisa', the matter was clarified by saying that in things
which one does not control, equality is not obligatory. However,
equality shall be observed in matters within one's control, for example,
equality in spending nights with them, their living standards and cost
of maintenance. Allah Almighty has revealed this injunction in a way
which compels a God-fearing person to put it into practice. It was said:
And you shall) وَلَنْ تَسْتَطِيُهُوَآ أَنْ تَعْدِلُوًّا بَيْنَ الِنِّسَاءِ وَلَوْ حَرَصُهُمْ، فَلَ تِيُلُوا كُلَّ الَيْلِ فَتَذَرُوُهَا كَالْعَلّغَةِ
never be able to maintain real equality between wives, even though
. you are eager to. So, do not lean totally (towards one) and leave the
other hanging).
This leads us to realize that the inability to maintain equality
pointed out in this verse actually refers to the equality in emotional
inclination which is beyond human control. Then, the words of this
verse : ◌ِفَلَ قِيُّلُوا كُلَّ المُبَل (So, do not lean totally ... ) themselves contain the
justification of this sense. This is because the words mean: 'Even
though maintaining equality in emotional inclination is not within
your power, yet you should not lean totally towards one of your wives
so much so that you start preferring her even in matters which lie
within your power and control'.
Thus, this verse of Surah al-Nisa' (129) becomes a clarification of the
earlier verse (3) of the same Surah which outwarldly appeared to be
suggesting that equality in emotional inclination too was obligatory.
Now, this verse makes it precisely clear that this is not obligatory
because it does not lie in one's power. Instead, what is obligatory is the
equality in matters which do lie in one's power and discretion.
This verse cannot be used against polygamy
Incidentally, the details appearing above also serve to remove the
misunderstanding of those who, by juxtaposing these two verses, wish
to conclude that the verse appearing at the beginning of Surah al-Nis'a

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Surah Al-Nisa' 4 : 131-134
(3) says: 'If you cannot maintain equality between wives, marry only
one'; while, the other verse (129) says: 'Maintaining equality between
two wives is just not possible'; therefore, the outcome is: The very
keeping of two (or more) wives in the bond of marriage is impermis-
sible as such!
*
*
Though surprising, Allah Almighty has Himself phrased these very
two verses with the necessary material to remove this misunder-
standing. The indication given in the present verses by the use of the
words: Ja pe su (So, do not lean totally) has appeared immediately
before while the words used in verse 3 were:ًفَإِنُ خِفْهُمُ اَلاَّ يَعْدِلُوا فَوَاحِدَة :"But, if
you fear that you will not maintain equity, then, (keep to) one woman."
Here, in the later verse, saying: 'If you fear' as a condition openly indi-
cates that maintaining justice and equality between wives is not
beyond the realm of possibility or ability. Otherwise, there was no
need for this extended word arrangement, more so, not to the limit of
two full verses. For example, the verse which says: ",
(Forbidden for you are your mothers and your daughters - 4:23) carries
details pertaining to women marriage with whom is forbidden. Then,
by saying: 1322 1; (and that you combine two sisters in the bond
of marriage - 4:23), it has been declared that combining two sisters in
marriage is unlawful. Similarly, it was quite possible to say that
having more than one wife simultaneously is unlawful. If so, the
restriction of بَيْنَ الْأَخْتَيْن (two sisters) with أن تَجْمَعُوا (that you combine) would
have become redundant. It was possible to say this in one single
sentence, something like: 231212412:31, (and that you combine two
women in the bond of marriage) which would have made it unlawful in
the absolute sense. But, the Holy Qur'an avoids this lexical brevity for
the sake of a longer narration, the detail of which extends to as much
as two full verses. This treatment also indicates that the verse: &2.30,
3 54(that you combine two sisters in the bond of marriage - 4:23) is,
in a way, suggesting the justification of combining more than one
woman in the bond of marriage which is quite permissible with the
condition that they should not be sisters of each other.
Verses 131-134
وَلِلّهِ مَا فِى الَمُوتِ وَمَا فِى الْأَرْضِ، وَلَقَدْ وَقَّيْنَا الَّذِينَ

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Surah Al-Nisa' 4 : 131-134
أُوتُوا الْكِتْبَ مِنْ قَبْلِكُمْ وَإِتَّاكُمْ أَنِ أَتَّقُوا اللهَ، وَإِنُ تَكْفُوًا
فَإِنَّ لِلَّهِ مَا فِى السَّمُوتِ وَمَا فِى الْأَرْضِ، وَكَانَ اللَّهُ غَنِيًّا
حَمِيُّدًا (١٣١) وَلِلّهِ مَا فِى الَّمُوتِ وَمَا فِى الْأَرْضِ، وَكَفُى
بِاللَّهِ وَثَلًا ﴿١٣٢﴾ إِنْ يَشَأُ مُذُّهِبُكُمْ آَيُّهَا النَّاسُ وَيَأْتِ
بِأَخِرِيْنَ، وَكَانَ اللّهُ عَلَى ذَلِكَ قَدِيْرًا ﴿١٣٢) مَنْ كَانَ جُرِيْدُ
ثَوَابَ الدُّنْيَا فَعِنْدَ اللَّهِ تَوَابُ الدُّنْيَا وَاُلْأُخِرَةِ، وَكَانَ اللَّهُ
سَمِيْعَاء بَصِيْرًا ﴿١٣٤﴾
And to Allah belongs what is in the heavens and what
is in the earth. And We have ordered those who were
given the Book before you, and (ordered) you your-
selves to fear Allah. And if you disbelieve, then, surely
to Allah belongs what is in the heaven and what is in
the earth. And Allah is All-Independent, Every-Praised.
[131] And to Allah belongs what is in the heavens and
what is in the earth. And Allah is enough to trust in.
[132]
If He so wills, He can make you go, O men, and bring
others in. And Allah has the power to do that. [133]
Whoever seeks the return of this world, then, with
Allah is the return of this world and of the Hereafter.
And Allah is All-Hearing, All-Seeing. [134]
Sequence
After having stated the rules of behaviour as related to women and
orphans, the text now reminds the promise of rewards for those
abiding by these rules, and the warning for those contravening them,
which is the usual style of the Holy Qur'an.
Significant Inferences
لِلَّهِ مَا فِى السَّمُوتِ وَمَافِى الأَرْضِ Readily noticeable here is the repetition of
which means that everything created in the heavens and the earth
belongs to Allah. Repeated thrice, these words signify three shades of
meaning. In the first place, the aim is to point out to the limitless
scope of Allah's power of creation which lacks nothing. In the second
instance, the objective is to focus on Allah's attribute of self-

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sufficiency, self-adequacy and His being need-free. It means: Should
one disbelieve, deny or reject the good counsel given, He is in no need
of anyone's obedience for He stands ever-praised in His pristine glory.
The third mention of these words embodies a statement of Allah's
mercy which makes things work for people. It means: Should one fear
Allah and be obedient to Him, Allah will fulfill atl his needs, because
He is the owner of every thing in this universe.
The third verse (133) gives a clear and conclusive statement that
Almighty Allah is fully capable of eliminating such people by with-
drawing them from the scene of life and replacing them with others,
submitting and obedient. This too goes on to prove that Allah is above
and beyond any need and that the disobedient ones must themselves
shudder at their obduracy and correct their untenable stand.
Verse 135
◌َيُّهَا الَّذِيْنَ امَنُوا كُوْنُوا قَوَّامِيْنَ بِالْقِسْطِ شُهَدَاءَ لِلْهِ وَلَوُ
عَلَى أَنْفُسِكُمْ أَوِ الْوَالِدَيْنِ وَالْآَفُسِيْنَةِ إِنْ يَّكُرُ غَنِيًّا أَوْ فَقِيْرًا
فَاللَّهُ أَوْ لِى بِهِمَاتَ فَلاَ تَتَّبِعُوا الْهَوَّى آنٌ تَعْدِلُوا وَإِنْ تَلُؤَّا
أَوْ تَعْرِضُوا فَإِنَّ اللّهَ كَانَ بِمَا تَعْمَلُونَ خِرَا ﴿١٣٥﴾
O those who believe, be unpholders of justice -
witnesses for Allah, even though against (the interest
of) yourselves or the parents, and the kinsmen. One
may be rich or poor, Allah is better caretaker of both.
So do not follow desires, lest you should swerve. And if
you twist or avoid (the evidence), then, Allah is all-
aware of what you do. [135]
The real purpose of sending prophets and scriptures
In this verse of Surah Al-Nisa', all Muslims have been instructed to
uphold justice and be true when appearing as witnesses. Besides,
things which can become impediments to the establishment of justice
or the availability of true evidence have been removed in a highly
eloquent manner. A verse of Surah al-Ma'idah (Volume 3) which will
follow immediately after the completion of Surah al-Nisa' carries the
same subject. In fact, their words are nearly common. Then, there is a
verse in Surah al-Hadid which tells us that the important purpose of

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Surah Al-Nisa' 4 : 131-134
sending Sayyidna Adam WILL as the viceregent of Allah in this
world followed by other blessed prophets one after the other with the
same status alongwith Scriptures and Missions was to see that justice
prevails in the world with peace coming in its wake. The objective was
to have every human being as a distinct individual adopt justice as his
or her hallmark within his or her circle of influence or control. As for
the chronically contumacious who would not take to the path of justice
and fairness through good counsel, education and communication and
continue being dogged in their contumacy, then, they will be the ones
who have to be compelled to observe justice through legal process and
due penalization and punishment.
The words of this verse from Surah Al-Hadid (57:25) are as follows:
وَلَقَدُ أَرُسُلُنَا رُسُلَنَا بِالْبَيِّنْتِ وَأَنْزَلْنَا مَعَهُمُ الْكِتْبَ وَالْجِزَّانَ لِيَقُوَّمَ النَّاسُ
بِالْقِسْطِ وَأَنْزَلْنَا الْحَدِيْدَ فِيْهِ بَأْسُّ شَدِيٌ وَّمَنَافِعُ لِلنَّاسِ
We have sent Our messengers with clear signs and We have
sent with them the Book and the Balance so that people stand
firm with justice and we sent the iron in which there is great
awe, and benefits for people.
Thus we know that the system under which Prophets and Books
were sent was basically aimed at establishing justice. The reference to
sending down iron at the end of the verse hints towards the eventu-
ality when the good counsel alone would not be enough to make people
abide by justice. Instead, there would still be some compulsive
miscreants who must be disciplined with the deterrent of iron, chains
and bars and other weapons, in the best interest of establishing
justice.
Abiding by justice is not for the government alone.
Now, we have before us the present verse Surah al-Nisa' (4:135), and
verse 8 of Surah al-Ma'idah (5) -
كُّكُمًا قَوَّامِيُّنَ لِلْهِ شُهَدَاءَ بِالْقِسْطِ وَلَا يَجْرِ مَنَّكُمْ شَتَأْنُ قَوْمٍ عَلَى الَّا تَعْدِلُوَّاء
إِعْدِلُوا هُوَ أَقْرَبُ لِلتَّقْوَى وَاتَّقُوا اللَّهَ، إِنَّ اللَّهَ خَبْرٌ بِمَا تَعْمَلُونَ
Be steadfast for Allah as witnesses for justice. And malice
against a people should not bid you to not doing justice. Do
justice. That is nearer to Taqwa. And fear Allah. Surely,
Allah is all-aware of what you do. (5:8)

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Surah Al-Nisa' 4 : 131-134
as well as the verse from Surah al-Hadid (57:25) cited immediately
above. In these verses, it has been clearly stated that establishing and
maintaining justice and being steadfast on it is not simply the duty of
governments and courts. The instruction has been given to every
human being obligating him or her to fulfill the demands of justice by
being personally firm about it and, at the same time, by making efforts
that others too stay equally firm about seeing justice done. However, a
certain level of justice does fall in the jurisdiction of government and
its officials when the wicked, the rebellious and the contumacious
challenge and confront the processes of justice by flouting it personally
as well as by stopping others to carry out its dictates. On such occa-
sions, penalization and punishment do become necessary. This
enforcement of justice, obviously, can be done only by government
which holds the reins of power in its hands.
In the world today, leave alone the illiterate millions, even fairly
educated people think that the dispensing of justice is the sole duty of
governments and courts and the masses of people are not responsible
for it. This attitude is one of the major reasons which has made the
government and the people act as two confronting parties in every
country and every state. As a result, a gulf of conflict divides the rulers
and the ruled. Masses of people from every country demand and expect
justice and fairness from their government but, strangely enough, are
not themselves ready and eager to uphold justice. The outcome is all
too visible everywhere in the world. Law stands on hold. Crime wave
rides high. No doubt, we have law-making bodies in every country
costing millions. When elections come, the furore created to elect
representatives really shakes God's earth. Then, these elected few,
being supposedly the cream of the whole country, go on to make laws
with great concern and caution keeping in view the needs and senti-
ments of their electorate. Then, the law is put forth for public opinion.
When favourable, the law is considered enforceable. Then, the whole
machinery of the government with its countless departments and
experienced personal goes about enforcing the law so made. Now, this
is a window to the custom-ridden world we live in. We have to look
afresh and aim higher. In order to do something like this, we have to
shake off from the torpor of blind following, the following of self-
promoting custodians of civilization, and we shall, then, realize that

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Surah Al-Nisa' 4 : 131-134
things are not as bright as we are being made to see.
Compare the state of affairs for a hundred years from now, say
1857-1957. The data will confirm that with every increase in law-
making, there increased the exhibition of popular will in law and a
corresponding increase in the machinery of law enforcement. Qne kind
of police sprouted out in many more kinds resulting in a more than
4
matching increase in ever-escalating crimes causing people to remain
far more deprived of justice. With this graph of conditions rising up,
more disorder in the world started showing up.
1
Belief in the Hereafter and the fear of God: The only guarantee
of universal peace
The world is waiting for someone sensitive and discerning who
would cross over the barriers of customised routines and seriously
consider the message brought by the Arabian messenger ( and delib-
erate in the reality of things as they are. Peace in the world has never
been achieved through penal codes, nor will it ever be. The guarantee
of universal peace can be delivered by nothing but the belief in the
Hereafter and the fear of God. This twosome is the channel through
which all obligations of the ruler and the ruled, masses and the
government merge together on a common platform. Everyone starts
pulsating with the crucial sense of individual responsibility. When it
comes to respecting and defending law, the masses of people cannot
get away by saying that this was the job of the officials. It will be
noticed that the verses of the Holy Qur'an dealing with the establish-
ment of justice as cited above end with an exhortation to this very
revolutionary article of faith.
The present verse of Surah al-Nisa' ends with the reminder: Se du gi
salas 4 (Allah is all-aware of what you do). At the end of the verse
from Surah al-Ma'idah, first came the instruction to observe Taqwa,
the fear of Allah, after which it was said: 325 4225 M) (Allah is aware
of what you do). Then, at the end of Surah al-Hadid, it was said: )
33: (Allah is powerful, mighty).
Seen together, these three verses do not rest at giving instructions
to both officials and masses that they should not only uphold and
establish justice personally but should also see that others too do that.
These verses go further ahead through their concluding statements

599
Surah Al-Nisa' 4 : 131-134
whereby they focus all attention to a decisive reality which has the
potential to generate a great revolution in human life and its aspira-
tions. This, in a few words, is the realization of the power and domain
of Almighty Allah, the thought of having to be present before Him, and
of reckoning, and of retribution. This was, again in a nutshell, the
secret behind the peace which prevailed in the less-educated world a
hundred years ago as compared with what we have in our day; and,
infact, it is the abandoning of such a valuable teaching that has
deprived the modern progress-claiming, high-flying and satellite-borne
world from the blessings of genuine peace on earth.
It is in the best interest of the liberal people of the world to realize
that science and its progress can take them to all sorts of frontiers -
they can climb the skies, camp on stars and visit the depths of seas -
but, the real end-product of all these high-tech equipments and efforts
is something which they would fail to find on far away stars or in ever
new inventions. This is still there for seekers to find. It is there, clear
and true as ever, in the message brought by the Prophet @ who
appeared in Arabia, may our lives be ransomed for him and may the
peace and blessings of Allah be upon him, within the message and
teaching of his, that of believing in Allah and believing in the life-to-
come and its reckoning:
اَلاَ يِذِكُرِ اللهِ تَطْمَنِتُّ الْقُلُوَّبُ
"Listen! Hearts rest at peace through the Dhikr
(remembrance) of Allah." (13:28)
Day by day, the astonishing discoveries of science do no more than
confirm the most perfect power of Almighty Allah and go on to clearly
demonstrate the state-of-the-art mastery of His creation which has no
match. Before the skill and range of such creativity, every human
claim to progress stands humbled - as the famous Persian line:
,seems to ask: If you have no wisdom and no vision دل دانا وچشم بينا نيشئت
what is the use of doing what you do?
Recapitulating, we can say that the Holy Qur'an has, on the one
hand, declared the establishment of justice and fairness as the very
purpose of a universal order in the world while, on the other hand, it
has proposed a unique system which - if adopted and put into practice
$

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- would metamorphose this very blood-thirsty and iniquitous world
into a society of virtuous people which, in turn, would become Paradise
now, instant and cash, much earlier than the promised Paradise of the
Hereafter. In fact, one of the explanations given regarding the verse of
the Qur'an: Ay sia su'sy : 'And for one who fears the high station of
his or her Rabb (Lord), there will be two Paradises' is exactly what has
been stated above. That is, the God-fearing will have two Paradises,
one in the Hereafter and the other right here in this world. There is
nothing Utopian about the idea. That it is feasible has been already
demonstrated by the great harbinger of this message, the Holy
Prophet of Islam, upon him the blessings of Allah, and peace. He has
bequeathed this message to posterity, not as some unproven theory,
but as a practical and functioning system. Then, after him, came al-
Khulafa' al-Rashidun, the rightly-guided Caliphs and many more from
among the rulers who followed the Sunnah of the noble Prophet of
Islam strictly. As and when they acted in accordance with the princi-
ples set for them, the lion and the lamb were seen drinking at the
same water trough, an imaginary saying for the ideal climate of justice
for all, the strong and the weak, the poor and the rich, the labourer
and the capitalist. Totally eliminated was whatever difference there
could be between human beings. Law was respected by every indi-
vidual in bolted homes and in the darkness of nights. This is no fairy
tale. These are facts of authentic history widely corroborated and
confessed, even by open-minded non-Muslims.
After understanding the essence of the Qur'anic system, detailed
explanation of the verse is given below.
Explanation
The verse under reference opens with the words: bit 253( ...
be upholders of justice). The word, Qist, when it begins with Kasrah on
Qaf, (the vowel point for i), it means justice and fairness. The true
sense of justice and fairness is that every holder of a right should be
given his or her due in full. Taken generally, it includes the rights of
Allah (Huququllah) and all kinds of human rights as well. Inclusive in
the thrust of the meaning of 'upholding justice' (qiyam bi l'qist) is that
nobody shall inflict injustice on anybody; also that the perpetrator of
injustice (zalim) shall be stopped from inflicting injustice (zulm) and

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Surah Al-Nisa' 4 : 131-134
the victim of injustice (mazlum) shall be supported; and also that
appearing as witness shall not be avoided, if witness is needed to help
the victim of injustice to have his or her usurped right back; and also
that the witness shall be true and factual as it really is, whether for or
against anyone; and also that those who hold the reins of authority
and dispensation of justice in their hands shall treat both parties to
the case before them, equally and equitably. There shall be no tilt of
any sort toward any one of the two. Statements given by witnesses
shall be heard carefully. Every effort possible shall be made to investi-
gate the case. Then, finally, perfect justice shall be observed in the
verdict.
Impediments to Justice
Though the two verses from Surah al-Nisa' and Surah al-Ma'idah
quoted earlier come from two different chapters, yet their subject is
almost the common denominator between them. The only difference is
that justice is normally impeded, obstructed or compromised by two
things. Firstly, by love, kinship or friendship or link with someone
which pushes the witness to testify in his favour so that he remains
shielded against loss or that he profits by it. As for the judge or Qadi
who is to give the verdict is affected by any such linkage, he would
naturally have the urge to decide the case in favour of the party of his
linkage. Secondly, justice is impeded by hostility towards someone
which may take the witness to testify against him, while it could also
become the cause of an unfavourable judgement given by the judge or
Qadi. So, love and hate are passions which can cause one to move away
from the path of justice and become involved with all sorts of injustice
and oppression. These very two impediments have been removed in
both the verses of Surah al-Nisa' and Surah al-Ma'idah. The instruc-
tion given in the verse of Surah al-Nisa' is about removing the impedi-
أَوِ الْوَالِدَيْنِ وَالاَ قُرَبِيُنَ :ment of kinship or nearness. It has been said there
(4:135) which means: even if your testimony goes against your parents
or near relatives, say what is true and ignore the factor of such rela-
tionship when testifying the truth. And removed through the verse of
Surah al-Ma'idah is the impediment of grudge, malice or enmity. So,
there it was said :وَلاَ يَجْرِ مَنَّكُمُ شَنَانُ قَوْعٍ عَلَى الَّ تَعْدِلُوا إِعْدِلُوا مُوَ اقْرَبٌ لِلتَّقُوَى (And malice
against a people should not bid you to not doing justice. Do justice.
That is nearer to Taqwa - 5:2). As clear from the translation, it means
V

602
Surah Al-Nisa' 4 : 131-134
that malice should not make one desert the path of justice and go
about testifying or ruling against them.
In addition to that, there is a slight difference between the form of
address and the mode of expression appearing in these two verses. In
Surah al-Nisa', it was said : ◌ِقَوَّامِيْنَ بِالْقِسْطِ مُهَدَاءَ لِلَّه ( ... uphoders of justice,
witnesses for Allah - 4:135) while the words from Surah al-Ma'idah are:
bet Tie w fs ( ... be steadfast for Allah as witnesses for justice - 5:8).
To explain, we can say that the first verse contains two instructions:
Uphold justice and witness for Allah. As for the second verse, the same
two things have been commanded but with a changed form of address,
that is, 'be steadfast for Allah and witnesses for justice.'
Most commentators say that this change in address shows that
both these things are two interpretations of the same reality. At one
place, it was referred to as being steadfast with justice and witnesses
for Allah, while at another, the word arrangement was: Steadfast for
Allah and witnesses for justice. Moreover, worth noticing is the mode
of expression adopted in both these verses where multiple-worded
sentences such as ◌ِكُونُوا قَوَّامِيْنَ بِالْقِسْط or ◌ِقَامِيْنَ لِلْه have been preferred,
although the command to do justice could have been given through the
use of one single word: (1 3) : Aqsitu: Do justice (as in Surah Al-
Hujurat, - 49:9). Actually, the choice of the longer sentence is there to
indicate that being just and fair in a particular case accidentally does
not liquidate one's responsibility wholly. The reason is that being able
to do justice in one or the other case is a natural possibility which can
apply even to the most evil and tyrannical ruler who may find himself
having done justice in some case. So, by the use of the word,
qawwamin (those who uphold and are steadfast), it has been estab-
lished that upholding justice and fairness is a constant duty which
must be observed at all times, under all conditions, for every friend or
foe.
Qur'anic Principles of Universal Justice
Now, concluding our discussion about the meanings of verse 135 in
conjunction with verse 8 of Surah al-Ma'idah, it can be safely said that
the principles of universal justice by one and all enunciated through
these two verses form part of the many distinctions of the glorious

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Surah Al-Nisa' 4 : 131-134
Qur'an. These can be better appreciated when seen through two major
aspects as given below:
*
1. To begin with, officials and masses of people have all been
alerted to the supreme subdueing power of Almighty Allah and to the
ultimate reckoning of the fateful Day of Retribution so that they could
think, stop and deter or be prepared to face the consequences. In view
of this, the masses themselves have to respect law, and the officials
who are responsible for the enforcement of law, they too, have to keep
the thought of Allah and Akhirah (God and the Hereafter) before them
while enforcing law and thus be the servants and not the thoughtless
masters of God's multitudes of people. They should make law a source
of service to people and a source of betterment of the whole world.
never causing their worries to increase, never engineering ways to
condemn victims of injustice to their grinding mills of red tape, never
making them suffer from injustice multiplied with more injustices,
and finally, never ever selling law for mean desires or paltry gains. By
saying: Be steadfast for Allah - witnesses for Allah, both officials and
masses have been exhorted to act for Allah and act with sincerity at its
best.
2. The second element of importance here is that the responsibility
of establishing justice and fairness as a way of life has been placed on
the shoulders of all human beings. As for the verses from Surah al-
Nisa' and Surah al-Ma'idah wherein, by saying: Previ Ct (O those
who believe), the entire Muslim community has been addressed. But,
in Surah al-Hadid, by saying : ◌ِلِيَقُوُمَ النَّاسُ بِالْقِسْط (so that mankind stands
firm with justice - 57:25), this duty has been considered binding on all
human beings. Similarly, by saying: & Ai ff, (even though against
yourselves ... ), instruction has been given that justice is not something
to be demanded from others only, instead, it should also be exacted
from one's own self. It means that one should say nothing against
what is true and just, even when one has to declare something against
one's own self, even if such an action is likely to bring loss upon one's
person, because this loss is insignificant, tiny and transitory. On the
contrary, should someone elect to placate his self by flat lies, then he
has bought for himself the severe punishment of the Day of
Retribution.

604
Surah Al-Nisa' 4 : 136-137
Verses 136-137
◌َآَيُّهَا الَّذِيْنَ امَنُؤْآَ امِنُوْا بِاللَّهِ وَرَسُولِمِ وَالْكِتْبِ الَّذِى نَنَّلَ
عَلِبِى رَسُوْلِمْ وَالْكِتُبِ الَّذِىُّ أَنْزَلَ مِنْ قَبْلُ، وَمَنْ تَّكُفُرُ بِاللهِ
وَمَلَئِكَتِهْ وَكٍٍُ وَرُسُلِهٍ وَأُلْيَوْمِ الْآخِرِ فَقَدْ ضَلَّ ضَلِلاَ
بَعِيِّدًا ﴿١٣٦) إِنَّ الَّذِيْنَ آمَنُوا ثُمَّ كَفَرُوا ثُمَّامَنُوا ثُمَّ كَفَرُوا ثُمَّ
ازْدَادُوا كُفْرًا لَمْ يَكُنِ اللَّهُ لِيَغْفِرَلَهُمْ وَلَا لِبَهْدِيَهُمْ
سَبِيلًا ﴿١٣٧﴾
O those who believe, do believe in Allah and His
Messenger and in the Book He has revealed to His
Messenger and in the Books He has revealed earlier.
And whoever disbelieves in Allah and His angels and
His Books and His Messengers and the Last Day has
indeed gone far astray. [136]
Surely, those who believed and then disbelieved,
believed again and then disbelieved, then went on
increasing in their disbelief - Allah is not to forgive
them nor lead them on the path. [137]
Sequence
Discussed upto this point were subsidiary injunctions mostly,
alongwith issues relating to faith ('Iman) and disbelief (kufr) appearing
as a corollary to dealings with antagonists. Onwards from here, these
issues appear in some detail continuing almost close to the end of the
Surah. In the sequence of statements, first comes a description of 'Im an
(faith) as credible in the sight of the Shari'ah. After that, various
groups of disbelievers have been censured for their beliefs and for
some of their deeds also which issue forth from their faulty beliefs.
Important Notes
1. The first part of the verse 137 which begins with the words: seJf!
BKA Per (Surely, those who believed and then disbelieved, believed
again and then disbelieved, then went on increasing in their disbelief)
refers to the hypocrites. But, some commentators say that this verse is
about the Jews for they were the ones who first believed, then, after
having taken to the golden calf, became disbelievers. After that, they
repented and believed. Then again, they rejected the prophethood of

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Surah Al-Nisa' 4 : 138-141
Sayyidna Isa عليه الصلوة والسلام and fell back into disbelief. Finally, by
refusing to believe in the prophethood of Sayyidna Muhammad
they further increased in their disbelief (Ruh al-Ma'ani).
-- ) لَمْ يَكُنِ اللّهُ لِيَغْفِرَ لَهُمْ وَلَا لِيَهْدِيَهُمْ سَبِيلًا 137 The second part of the verse .2
Allah is not to forgive them nor lead them on the path), when read as a
whole with the first part, would mean that their repeated return to
disbelief will cause their very ability to receive true guidance to be
taken away from them and, in that event, they will have neither the
future option to repent nor the opportunity to believe. Otherwise, the
general rule laid out by the definitive texts of the Qur'an and Sunnah
is that a disbeliever (kafir) or an apostate (murtadd), no matter how
hardened, has his past sins forgiven -- if the taubah (repentance) made
by him is sincere and true. So, if such people too change and repent,
the law of amnesty and forgiveness is open.
Verses 138-141
بَشِّرِ الْمُفِقِيْنَ بِأَنَّ لَهُمُ عَذَابًا أَلِيُمَا (١٣٨﴾ ◌ِلَّذِيْنَ يَتَّخِذُوْنَ
اُلْكُفِرِينَ آَوْ لِيَّاءَ مِنْ دُوُنِ الْمُؤْمِنِيْنَ ايَبْتَغُوْنَ عِنْدَهُمُ الْعِزَّةَ
فَإِنَّ الْعِزَّةَ لِلّهِ جَمِيْعًا ﴿١٣٩) وَقَدُ نَّلَ عَلَيْكُمُ فِى الْكِتْبِ آَنْ
إِذَا سَمِعُهُمُ التِ اللهِ بُكْفَرْبِهَا وَيُسْتَهُزَأْ بِهَا فَلاَ تَقُّهُدُوا
مَعَهُمُ حَتَّى يَخُوُضُوا فِى حَدِيْتٍ غَيْرِهٍ ، إِنَّكُمُ إِذَّا ◌ِّقُلُهُمٍ إِنَّ
اللَّهَ جَامِعُ الْنُفِقِينَ وَالْكُفِرِيْنَ فِى جَهَنَّمَ جَمِيْعَا( ١٤٠﴾ إِلَّذِيْنَ
يَتَتَصُونَ بِكُمُ : فَإِنُ كَانَ لَّكُمْ فَتْحٌّ ◌ِنَ اللَّهِ قَالُوا آلَمَّ نَكُنُ
تَّعَكُمُ ، وَإِنْ كَانَ لِلْكُفِرِيْنَ نَصِيْبٌ قَالُواْ أَلَمْ نَسْتَحُوهُ عَلَيْكُمُ
وَنْعُكُمُ ◌ِنَ الْمُؤْمِنِينَ، قَاللّهُ يَحُكُمْ بَيْنَكُمُ يَوْمَ الْقِيْمَةِ، وَلَنُ
يَجْعَلَ اللهُ لِلْكُفِرِيْنَ عَلَىَ الُمِنِيْنَ سَبِئْلًا﴿١٤١﴾
Give the hypocrites the good news that for them there
is a painful punishment [138] - those who take the disbe-
lievers for friends rather than the believers. Are they
seeking honour in their company? But, indeed, all
honour belongs to Allah, [139] and He has revealed to
you in the Book that when you hear the verses of Allah