Indexed OCR Text

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Surah Al-Ma'idah : 5 : 27 - 32
ing to uphold the truth and put an end to falsehood, similarly, starting
to kill and fight unjustly amounts to a stock destruction of one's mate-
rial and spiritual life both in the present world and in the Hereafter.
As for the expression: (3/221 (ibn miy Adama : the two sons of Adam)
appearing in the first verse (27), it can be said that, for that matter,
every human being, man and woman, is from the progeny of Adam and
everyone can be identified as being from among the children of Adam.
But, according to the judgement of the majority of authentic scholars
of Tafsir, the expression: (3',2) at this place means the two real sons of
Sayyidna Adam >JI ale, that is, Habil and Qabil. It was to relate their
story that it was said:ّوَاتُلٌ عَلَيْهِمْ نَبَا ابْنَى آدَمَ بالحق (and recite to them the story
of the two sons of Adam truthfully).
While Reporting Historical Accounts, Caution and Truth are
Mandatory
Here, by adding the word: Ju (bil-haqq : truthfully), stress has
been placed on an important principle to be observed while reporting
historical narratives. Great caution is mandatory in this matter. These
narratives should have nothing false in them, nothing contrary to the
truth, nothing dubious or deceptive, nor should there be any change,
increase or decrease, of any kind, in the narration of the original
event. (Ibn Kathir)
This is not the only place where the Holy Qur'an has identified this
principle. There are other places too where similar instructions appear
إِنَّ هُذَا لَهُوَ الْقَصَصُ الْحَقِّ : that it be observed. In Surah 'Al 'Imran, it was said
(This is indeed the true narration - 3:62). In Surah Al-Kahf, it was said:
Tu pe cục jak (2 (We narrate to you their story with truth - 18:13). And
in Surah Maryam, it was said : ◌ُّذُلِكَ عِيسَى ابْنُ مَرْيَمَ قَوْلَ الح (That was 'Isa son of
Maryam - a Word of Truth ... - 19:34). At all these places, by including
the key word of Al-Haqq or The Truth with historical narrations, the
importance of observing truth in reporting events has been made man-
datory. The large number of disorders in this world generated through
reporting of events usually issue forth from lack of caution in handling
it as it should be handled. A little change of word or mode could distort
the reality of the event. The religious codes and laws of past communi-
ties were lost through this trap door of negligence and lack of caution
leaving their religious books to become collections of stories devoid of

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reliable authority. So, by adding a single word: 34 (truthfully) at this
place in the verse, a clear signal was given towards this important ob-
jective.
In addition to what has been said above, through this very word,
the addressees of the Holy Qur'an are also being chastened and guided
to the fact that their noble prophet, on him be the peace and blessing
of Allah, who is a total Ummiyy (untaught by any human being), yet
he is describing the events which took place thousands of years ago,
absolutely true and correct. When so, how else could it be explained
but that it was Divinely revealed to a Divinely ordained prophet?
After this introduction, the event relating to these two sons of
Adam WJI ale was put in the following words by the Holy Qur'an: 45 51
that is, both of them offered their sacrifices تُرْبَانًا فَتُقَبِّلَ مِنْ أَحَدِهِمَا وَلَمْ يُتَقَبَّلُ مِنَ اْلأُخَرِ
for Allah Ta'ala, but it was accepted from one of them and was not ac-
cepted from the other.
The word: jus (Qurban ), in terms of Arabic lexical usage, refers to
whatever is made the medium of nearness to someone; and in Islamic
legal terminology, it means the Dhabihah or sacrifice which is offered
to seek nearness to Allah Ta'ala.
The event of offering this sacrifice which has been reported on the
basis of sound and strong chains of authorities and which has been de-
clared by Commentator Ibn Kathir as the unanimously agreed upon
position of all earlier and later 'Ulama is given below.
When Sayyidna Adam and Hawwa' >JIL+Le came to live in the
world and started having children, it so happened that they had twins
from every pregnancy, one of the two being a boy, while the other, a
girl. That was a time when, among the children of Adam >JI Que, there
was no one other than brothers and sisters - and brothers and sisters
cannot be married to one another. So, Allah Jalla Sha'nuhu, in terms
of the need of the time, had promulgated a special provision in the re-
ligious law given to Sayyidna Adam JIle that, as for a boy and girl
born out of one pregnancy, they shall be regarded as real brothers and
sisters among themselves and marriage between them shall be consid-
ered forbidden. But, for a boy born in the second pregnancy, a girl born
in the first one shall not be legally taken as a real sister and marriage
between them would be permissible.

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Surah Al-Ma'idah : 5 : 27 - 32
But, what happened was that the girl born with the first boy, Qa-
bil, was beautiful while the girl born with the second boy, Habil, was
ugly. When came the time of marriage, the ugly girl born with Habil
fell to the lot of Qabil according to rules. This enraged Qabil. He turned
hostile to Habil and started sisting that the girl born with him
should be the one given in marriage to him. Sayyidna Adam WI ule, in
view of the legal rule of procedure, did not accept the demand. Howev-
er, to remove the division between Habil and Qabil, he proposed that
they should both offer their respective sacrifice for Allah. Whoever has
his sacrifice accepted will be the one to have that girl. The reason is
that Sayyidna Adam >JI ule was certain that the sacrifice to be accept-
ed will be the sacrifice of the one who has the right to marry her, that
is, the sacrifice of Habil.
In those days, an open sign of a sacrifice being accepted was that a
fire would come from the sky and eat up the sacrifice; and the sacrifice
which was not eaten up by the fire was the sign of its remaining unac-
ceptable.
Now, the situation was that Habil was the owner of a flock of sheep
and goats. He offered the sacrifice of a good spring lamb. Qabil was a
farmer. He offered some grains as his sacrifice. As customary with
them, a fire did come from the sky and ate up the sacrifice offered by
Habil - and the sacrifice offered by Qabil remained lying where it was,
untouched. Thereupon, hit by failure and disgrace, Qabil was further
enraged. Unable to restrain it, he told his brother openly: 33 (I will
kill you).
Habil did not respond to his angry remark with counter anger on
the spot. He rather said something which was peaceful and principled.
It even had an element of sympathetic concern for him: 2016ingen ui
(Allah accepts only from the God-fearing) that is, if you had been God-
fearing, practicing Taqwa and piety, your sacrifice too would have
been accepted. Since you did not do so, the sacrifice was not accepted.
Why blame me for it?
Also mentioned within this statement is the cure for the envy
(hasad) of the envier (hasid), that is, when the envier sees that Allah
Ta'ala has given someone a particular blessing which has not been giv-
en to him, then, he should take his deprivation as a result of his own

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Surah Al-Ma'idah : 5 : 27 - 32
practical shortcomings and sins and think of repenting from them and
correcting his or her behaviour - not that one starts wishing and wor-
rying about ways through which the other person could be made to
lose the blessing he has - because this would not bring him any gain,
in fact, it will become the cause of some loss to him, for acceptibility
with Allah depends on Taqwa (fear of Allah). (Mazhari)
Acceptibility of Deeds Depends on Ikhlas (Sincerity)
and Taqwa (Fear of Allah)
There appears in this dialogue between Habil and Qabil a sentence
which has the status of an important principle: The acceptibility of
one's deeds and acts of worship depends on Taqwa. The deed of a per-
son who has no Taqwa in him is not accepted. For this reason, the
learned among the righteous elders (salaf) have said that this verse is
a shot in the arms of those who are devoted to acts of worship and do
deeds in the hope of finding the pleasure of Allah. And this was the
reason why Sayyidna 'Amir ibn 'Abdullah was crying at the time of his
death. People around him asked: 'As for you, you have been busy doing
your 'Ibadat (acts of worship) and good deeds throughout your life,
why, then, would you weep?' He said, 'You are saying this and ringing
in my ears is this saying of Allah Tarala: ◌َإِنَّا يَتَقَبَّلُ اللَّهُ مِنَ المُفِيْن (Allah accepts
only from the God-fearing). I just do not know if any 'Ibadah of mine
will be accepted, or not.'
Sayyidna 'Abdullah ibn Mas'ud as Ul », said: 'If I become certain
that Allah Ta'ala has accepted some deed of mine, then, I would not
surrender this blessing even if the whole world were to turn into solid
gold and pass into my possession, in fact, I would take it to be nothing
as compared to that blessing.'
Similarly, said Sayyidna Abu Ad-Darda' as Ul »,: 'If it stands set-
tled that one Salah of mine has found acceptance with Allah Ta'ala,
then, that is far more than a whole world-full of blessings for me.'
Sayyidna 'Umar ibn 'Abd al-'Aziz, may Allah be pleased with him,
gave the following good counsel to a person in a letter he wrote to him.
"I tell you to hold on to Taqwa without which no deed is ac-
cepted; and mercy is not shown to anyone except those who
observe Taqwa; and without it there is no Divine reward on
anything. There are many who preach it but there are very
few who practice it."
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129
Surah Al-Ma'idah : 5: 33 - 34
And Sayyidna 'Ali al-Murtada e Ul>, said: 'Even the smallest
deed done with Taqwa is not small. And how a deed which has been ac-
cepted can be called small? (Ibn Kathir)
Verses 33 - 34
إِنَّا جَزَؤُا الَّذِيْنَ يُحَارِبُوْنَّ اللَّهُ وَرَسُوْلَهُ وَيَسْعَوْنَ فِى الْأَرْضِ
فَسَادًا أَنْ يُقَتَّلُوا أَوْفَصَلَّكُوْا أَوْ تُقَطَّعَ آَيْدِيُهِمْ وَارْجُلُهُمْ مِنْ
خِلافٍ أَوْ يُنْفَوْا مِنَ الْأَرْضِ ذَلِكَ لَهُمْ خِزْىٌّ فِى الدُّنْيَا وَلَهُمْ
فِى الْآخِرَةِ عَذَابٌ عَظِيمٌ ﴿٣٣) إِلَّ الَّذِيْنَ تَابُوا مِنْ قَبْلِ آَنْ
تَقَدِّرُوا عَلَيْهِمْ ، فَاعْلَمُؤْا أَنَّ اللّهَ غَفُورٌ رَّحِيمٌ ﴿٣٤)
Those who fight against Allah and His Messenger and
run about trying to spread disorder in the earth, their
punishment is nothing but that they shall be killed off
or be crucified or their hands and legs be cut apart
from different sides or they be kept away from the land
(they live in). That is a humiliation for them in this
world, and for them in the Hereafter there is a great
punishment; [33] except those who repent before you
overpower them. Then, be sure that Allah is Most-
Forgiving, Very-Merciful. [34]
Commentary
Qur'anic Laws are Unique and Revolutionary
Mentioned in the previous verses (27-32) was the event of the killing
of Habil (Abel) and its gravity as a crime. In the verses cited above,
and in verses which follow, there is a description of the legal punish-
ments for killing, plundering, robbery and theft. Prompted in between
the description of the punishments for robbery and theft is the need to
fear Allah and the desirability of seeking nearness to Him through
acts of obedience. This approach of the Qur'an, acting in a very subtle
manner, prepares the human mind to accept the desired revolutionary
change in thinking. The reason is that the Holy Qur'an, unlike the pe-
nal codes of the world, does not stop at a simple codification of crime
and punishment. Instead of doing that, it combines with each crime
and its punishment the ultimate fear of Allah and the Hereafter mak-
ing the later almost present before him whereby it would turn the hu-
man orientation towards a state of being the very thought of which

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Surah Al-Ma'idah : 5 : 33 - 34
leaves a person all cleansed from every defect and sin. An impartial
view of things as they are around us will prove that, without the moti-
vating factors of the fear of Allah and the apprehension of the Here-
after, no law or police or army of this world can guarantee that crimes
can be eradicated from human societies. It is this wise and affection-
ate approach of the Holy Qur'an which ushered a revolution in the
world when it created a society of human beings who, in their Godli-
ness, were ahead of even angels.
The Three Kinds of Islamic Legal Punishments
Before we proceed with the details of the Islamic legal punish-
ments for robbery and theft mentioned in the verses cited above and
present our explanations of the particular verses, it seems appropriate
to clarify the Islamic legal terminology concerning these punishments
- a lack of familiarity with which causes even educated people to fall in
doubts. Under all common laws of the world, punishments for crimes
are considered penalties in an absolute sense, irrespective of the crime
concerned. Law books like the Indian Penal Code, Pakistan Penal
Code and some others in other countries are comprised of all sorts of
crimes and their punishments. But, in the Shari'ah of Islam, things
work differently. Here, the punishments of crimes have been divided
into three kinds. These are: Hudud (Islamic legal punishment delimit-
ed as Divine Statute; plural of Hadd), Qisas (Even Retaliation) and
Ta'zirat (Penalties; plural of Ta'zir). Before we move on to define these
three kinds and explain their sense, it will be useful to bear two things
in mind.
Firstly, it is necessary to know that crimes which bring harm or
loss to a human being inflict injustice not only on the created but also
cause disobedience to the Creator. Therefore, in every crime of this
nature, the Right of Allah (Haqqullah) and the Right of the Servant of
Allah (Haqqul-'Abd) are intermingled, and one becomes guilty of both
crimes. But, in some crimes, the status of the Right of the Servant of
Allah is more important while, in some others, the status of the Right
of Allah is more prominent. As for the modus operandi in religious in-
junctions, it rests on this status of predominance.
Secondly, it is also necessary to know that the Shari'ah of Islam
has not determined any yardstick for crimes other than those which
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Surah Al-Ma'idah : 5: 33 - 34
are special. Instead, it has left it to the discretion of the Qadi (the
Judge of an Islamic Court) who could award and enforce the kind and
amount of punishment deemed necessary to plug out the incidence of
crime keeping in view the objective conditions prevailing in whatever
time, place and circumstance it may be. It is also possible that the Is-
lamic state of any time and any place may, with due consideration of
Islamic legal percepts, restrict the rights of the Qadis in some manner
and make them abide by a particular measure of punishment for
crimes - as has been the practice in the later centuries of Islam, and as
it nearly is the prevailing practice in most countries.
Let us now understand that crimes for which the Qur'an and Sun-
nah have not fixed any punishment, instead, have left it to the discre-
tion of the relevant authorities, are the kind of punishments which are
called "Ta'zirat"(penalties) in the terminology of the Shari'ah of Islam.
As for the punishments of crimes already fixed by the Qur'an and Sun-
nah, they are divided over two kinds. Firstly, those in which the Right
of Allah has been declared to be predominant and the punishment for
which is known as "Hadd," the plural of which is "Hudud." Secondly,
those in which the Right of the Servant of Allah has been accepted as
predominant in accordance with the Shari'ah of Islam and the punish-
ment for which is called the "Qisas" (Even Retaliation). As for the de-
scription of Hudud and Qisas, the Holy Qur'an has itself explained it in
full details. The details of the remaining penal offences have been left
to the judgement of the Holy Prophet صلى الله عليه وسلم and to the discretion
of the relevant ruling authority of the time.
In short, we can say that the punishment of crimes which the Holy
Qur'an has promulgated after having determined it to be the Right of
Allah is called the "Hudud," and that which it has ordained as the
Right of the Servant of Allah is known as "Qisas," and crimes the pun-
ishment of which has not been determined by it are called, "Ta'zir."
The injunctions of these three kinds differ in many respects. Those
who take the punishment of every crime as "Ta'zir" on the basis of
their own customary usage - and do not keep the difference of Islamic
legal terminology in sight - make frequent errors of judgement in un-
derstanding Islamic legal injunctions.
As for the punishment of penal offences (Ta'zir), they can be made

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the lightest, the heaviest, or could even be pardoned, all depending on
attending circumstances. Here, the powers and options of the relevant
authorities are wide. But, when it comes to Hudud, no Amir or govern-
ment or ruler or head of state is permitted to make the least change,
alteration, reduction or increase in it. Neither does a change in time
and place affect it in any manner nor does the Amir or chief executive
of the government have the right to waive or pardon it.
There are only five "Hudud" in the Shari'ah of Islam. These are the
punishments for (1) Robbery, (2) Theft, (3) Adultery, (4) False Accusa-
tion of Adultery. These punishments have been mentioned in the Holy
Qur'an clearly and categorically (Mansus). The fifth Hadd is that of
drinking wine which stands proved on the basis of a consensus (Ijma')
of the noble Companions of the Holy Prophet . Thus, the punish-
ments of a total of five crimes stand fixed here. These are called the
"Hudud." The way no Amir or ruler can reduce or pardon these punish-
ments, very similarly, even an act of repentance cannot bring about an
amnesty for the criminal as far as the punishment due in this mortal
world is concerned. Of course, the sin bound to bring punishment in
the Hereafter does get to be forgiven through sincere repentance leav-
ing at least that account in the clear. Out of these, there is only one
punishment, that of robbery, in which there is an exception, that is, if
the robber repents before being arrested and his conduct in dealings
proves his repentance to be satisfactory, only then, this "Hadd" will
stand dropped. Repentance after arrest is not valid with regard to the
worldly punishment. Other than this, the remaining Hudud do not get
to be forgiven in this world even by repentance - whether this repen-
tance comes before the arrest or after it. In matters relating to penal
offences (Ta'zirat) recommendations could be heard as warranted by a
relevant right. In the Hudud of Allah (punishment under Divine right)
even the making of a recommendation is not permissible, and equally
impermissible is its hearing too. The Holy Prophet & has prohibited
it strictly. The punishments under Hudud are generally strict. The
law of their enforcement is also strict as nobody has been permitted to
make any additions or substractions in them under any circumstances,
nor can they be waived or forgiven by anyone. Along with this strict
stance maintained in punishment and law, when it comes to some
moderation of matters, equally stringent conditions have been imposed

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regarding the completion of the crime as well as the completion of the
proof of the crime. Should even a single. condition out of these be
found missing, the Hadd stands dropped. In fact, even the least doubt
found in the proof will cause the Hadd to be dropped. In this matter,
the established law of Islam is: ◌ِاُُُ تَنْدَرُ بِالشَّبُهَات that is, Hudud are
dropped in case of doubt.
At this point, let us also understand that in cases where the Islam-
ic legal punishment (Hadd) is dropped because of a doubt or absence of
some condition, it is not necessary that the criminal would go scot-free
only to become more daring in later crimes. Instead of that, the rele-
vant ruler would award the penal punishment to him as due in his
case. The penal punishments (Ta'zirat) of the Shari'ah are generally
physical which, being lesson-oriented, have a complete system of
blocking and eradicating crimes. Suppose, only three witnesses were
found to attest to the proof of adultery (Zina), and the witnesses are
upright and trustworthy about whom the doubt that they would lie
cannot be entertained. But, according to the Islamic legal norm, the
Islamic legal punishment will not be enforced against the offender be-
cause of the absence of the fourth witness. However, it does not mean
that the offender will be allowed to walk out free of any obligation, les-
son or penalty. The ruler of the time would, rather, award an appro-
priate penal punishment to him which would be in the form of lashes.
Or, take the example of the punishment for theft. If there remains
any shortfall or doubt in conditions fixed as the required proof of theft,
the Islamic legal Hadd punishment of cutting hands cannot be en-
forced on the accused. This does not mean that the accused goes all
untouched and free. On the contrary, other penal punishments will be
given to him as warranted in his case.
The Punishment of Qişaş (Even Retaliation)
Like Hudud, the punishment of Qisas has also been fixed in the
Qur'an, that is, life be taken for life and wounds be retaliated by even
wounds. But, the difference is that Hudud have been enforced as the
Right of Allah (Huququllah). It means that should the holder of the
right elect to forgive the offence, it will not be forgiven, and the Hadd
will not be dropped. For example, should the person whose property
has been stolen were to forgive the thief, the Islamic prescribed pun-

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ishment for theft will not stand forgiven on that count. This is con-
trary to the case of Qisas where the Qur'an and Sunnah have declared
the status of the Right of the Servant of Allah (Haqqul-'Abd) as pre-
dominant. This is why the accused killer, after the crime of killing has
been proved legally, is handed over to the guardian (Wali) of the per-
son killed who can, at his discretion, take Qisas and have him killed,
or forgive him, if he so wishes. Similar to this is the case of Qisas in
cases of wounds.
You already know that Hudud and Qisas when dropped do not let
the criminal go unscathed, the ruler of the time having the power and
discretion to award the amount and kind of penal punishment (Ta'zir)
considered appropriate. Therefore, it should not be doubted that, in
the event the criminal charged with homicide were to be set free after
having been forgiven by the guardian of the person killed, killers
would be encouraged and cases of homicide would become common.
This doubt is unfounded because taking the life of the person who had
killed was the right of the guardian of the person who was killed - and
he surrendered it by forgiving. But, providing the security of life for
other people is the right of the government. It can, to protect this
right, sentence the killer for life or give him some other punishments
in order to offset the danger posed by such a person to the lives of oth-
er people.
The Explanation of Ayat and Details of Hudud
Upto this point, we have dealt with necessary information about
the terminology of Islamic Legal Punishments of Hudud, Qisas and
Ta'zirat. We can now move to the explanation of verses which carry in-
junctions about them and which would also include a detailed discus-
sion of Hudud. The first verse (33) begins by stating the punishment of
those who fight against Allah and His Messenger and go about spread-
ing disorder in the earth. For the sake of clarity, let us consider two
things at this stage.
1. What does 'fighting' (Muharabah) against Allah and His Messen-
ger and spreading disorder in the earth mean, and to whom does this
apply? The word, Muharabah is derived from Harb and intrinsically
means to wrest or snatch away. In Arabic usage, it is used against
Salm which means peace and security. Thus, we can see that the

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Surah Al-Ma'idah : 5: 33 - 34
sense of Harb (fight) is the spreading of disorder. It is obvious that
rare incidents of theft or killing and plundering do not cause public
peace to be disturbed. In fact, this happens only when a powerful and
organized group stands up to carry out acts of robbery, killing and
plundering. Therefore, according to Muslim jurists, the punishment
contemplated in this verse is meant for a group or an individual who
robs people and breaks the law of the land by the force of arms. This
will not include those who indulge in common individual crimes such
as thieves and pick-pockets. (Tafsir Mazhari)
2.
The second point worth noticing in this verse is that
'Muharabah' (fighting) of the criminals is said to be against Allah and
His Messenger, though the confrontation or fighting waged by robbers
and rebels is apparently against human beings. The reason is that a
powerful group when it elects to break the Law given by Allah and His
blessed Messenger with force, it is really at war with the government,
even though they are obviously carrying out their aggression against
common human beings. But, when the government itself is Islamic, a
government which subscribes to and enforces the Law of Allah and His
Messenger, this act of 'fighting' (Muharabah) will invariably be regard-
ed as being 'against' Allah and His Messenger.
In short, the punishment mentioned in the first verse (33) applies to
robbers and rebels who ruin public peace by attacking with armed
group force and break the law of the land openly. As obvious, this
could appear in many forms. So, everything from aggression against
property and honour to killing and bloodshed is included within its
sense. It is from here that we find out the difference between Muqata-
lah and Muharabah. Muqatalah refers to a bloody fight, though with
actual killing or without, and though property is also looted as an ad-
junct. The word, Muharabah is used in the sense of spreading disorder
by employing force and causing the destruction of public peace and
safety. Therefore, this word is particularly used to denote high-handed
and group-led intrusion into anything relating to the life, property and
honour of people which is called highway looting, robbery and rebel-
lion.
The punishment for this crime has been fixed by the Holy Qur'an
itself when it enforced it as the Right of Allah which, in a manner of

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saying, was a crime against the ultimate authority. In the terminolo-
gy of the Shari'ah, it is called the Hadd. Let us now find out the Islam-
ic prescribed punishment for dacoity and highway robbery. In the
present verse (33), four punishments for highway robbery have been
mentioned : ◌ِأَنْ يُقَتَّلُوا أَوْيُصَلَّبُؤْا أَوْ تُقَطَّعَ أَبْدِيْهِمْ وَآَرْجُلُهُمْمِّنْ خِلافٍ أَوْ مُنْفَرًا مِنَ الْأَرْض :That they
shall be killed off or be crucified or their hands and legs be cut apart
from different sides or they be kept away from the land (they live in).
In the first three punishments, the words used belong to a particu-
lar from of verb called "Bab a'-Tafil" which are emphatic and denote
repetition and intensity of the respective acts. The added use of the
plural form gives the hint that their being killed or crucified or ampu-
tated is not like common punishments where punishment is given only
to one individual who has provenly committed a crime. The situation
here is rather different when the whole group of robbers will be award-
ed the punishment by being killed or crucified or amputated, even
though the actual crime was committed only by one single individual
of the group. Another hint given here indicates that this killing, cruci-
fication and amputation is not in the form of Qisas which could stand
pardoned after having been forgiven by the guardians of the person
killed. Instead, this Islamic Legal Punishment (Hadd) has been en-
forced as the Right of Allah (Haqqullah) and the punishment will not
be pardoned legally even if the people who have suffered were to fore-
go and forgive. These two rulings were arrived at by the text's choice
of the particular grammatical form (Babut-Tafil) of the first three
words of the verse. (Tafsir Mazhari and others)
These four punishments for highway robbery have been introduced
by using the word: ,) : 'Aw,' which is also employed to give choice in a
few things and for a division in allotment of jobs too. Therefore, a
group of Şahabah, Tabi'in and jurists of the Muslim Ummah, by taking
the word, 'Aw,' in the sense of choice, has taken the position that the
Imam or Amir or the ruler has been legally given the choice to award
all four punishments, or any one of them as suitable in their cases, of
course, after an assessment of the power and terror of the robbers and
the gravity or negligibility of their crimes. This is the view held by
Sayyidna Said ibn al-Musaiyyib, Sayyidna 'Ata', Dawud, Hasan al-
Basrī, Daļhak, Nakh'il and Mujahid as well as that of Imam Malik

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Surah Al-Ma'idah : 5 : 33 - 34
from among the Four Imams. On the other hand, Imam Abu Hanifah,
Imam Shafi'i, Imam Ahmad ibn Hanbal and a group of Şahabah and
Tabi'in have taken the word, 'Aw' in the sense of division of work.
Thus, according to them, the sense of the verse is that there are differ-
ent punishments which can be applied to various conditions of high-
way robbers and highway robberies. This position is also supported by
a hadith where, based on a narration from Sayyidna Ibn 'Abbas JI ,
us, it has been reported that the Holy Prophet & had entered into a
peace treaty with Abu Burdah Aslami. He broke the treaty when he
robbed some people going to Madinah to embrace Islam. Pursuant to
this episode, Sayyidna Jibra'il came with an injunction for punish-
ment. The injunction stipulated that whoever killed, and looted prop-
erty as well, should be crucified; and whoever killed, but did not loot,
should be killed; and whoever looted, but did not kill anyone, should
have his hands and legs cut apart from different sides; and whoever
from them embraces Islam should have his crime pardoned; and
whoever did not kill or plunder but restricted himself to scaring peo-
ple, which caused a breach of public peace, should be exiled. If these
people have killed a Muslim or non-Muslim citizen of Dar al-Islam -
but, did not loot property - their punishment is : pergi that is, all of
them should be killed, even though the act of killing was directly car-
ried out by some of them only. And if they killed and looted both, their
punishment is : gia that is, they should be crucified. The form it
should take is that they be hanged alive, then their stomach be slit
with a spear or something else. And if they have participated in loot-
ing only and have not killed anyone, their punishment is : perché;
spal";[, that is, their right hands be cut apart from the wrists and
their left legs from the ankles. Here too, though this act of looting
may have been performed directly only by some of them, yet the pun-
ishment will remain just the same for all of them, because whatever
the doers of the act did, they did it with their trust in the cooperation
and assistance of their accomplices, therefore, all of them are partners
in the crime. And if they had yet to commit the crime of killing or
plundering while they were arrested beforehand, their punishment is :
oil & lee's that is, they be kept away from the land they live in.
The sense of 'keeping away' or turning out from the land, according
to a group of Muslim jurists, is that they should be turned out from

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Surah Al-Ma'idah : 5: 33 - 34
Dar al-Islam. Some others say that they should be turned out from the
place where they have committed the crime of robbery. In cases like
this, Sayyidna 'Umar al-Faruq we Al _>, gave the verdict that should
the criminal be turned out from one place and left to roam free in oth-
er cities, he was bound to harass the people there. Therefore, let a
criminal like this be locked in a prison. This will become his 'keeping
away' or turning out from the land for he cannot go and walk any-
where. Imam Abu Hanifah has adopted this very view.
As for the question that armed attacks of this kind these days are
no more restricted to looting of property or killing and bloodshed alone
for there are frequent instances of raping and kidnapping women as
well. So, if the statement of the Qur'an :وَيَسْعَوُنَ فِى الْأَرْضِ فَسَادًا (and run
about trying to spread disorder in the earth) were to be taken as inclu-
sive of such crimes, what punishment would they deserve? Here, ap-
parently the Imam or Amir or the ruler will have the option of enforc-
ing whichever of the four punishments he deems fit in their case; and
in the event that he does find the necessary proof of adultery as admit-
ted by the Shari'ah of Islam, he would enforce the Hadd punishment
for Zina (adultery) as well.
Similarly, if the position is that no one was killed, no property was
looted, but, some people did receive wounds at their hands, then, they
would be subjected to the law of Qisas (Even Retaliation) against the
inflicting of wounds. (Tafsir Mazhari)
ذُلِكَ لَهُمْ خِزٌىٌّ فِي الدُّنْيَا وَلَهُمْ فِى :Towards the end of the verse (33), it was said
" El By that is, the Islamic Legal Punishment to which they have
been subjected here is humiliation for them in this world and certainly
a token of punishment. As for the punishment of the Akhirah, that is
much harsher and more lasting. This tells us that the punishments of
Hudud, Qisas or Ta'zirat in this mortal world do not lead on to the for-
giveness of punishments due in the Akhirah unless the person sen-
tenced repents and makes a genuine Taubah, following which he could
hope to have the punishment of Akhirah forgiven.
In the second verse (34) :ْإِلّ الَّذِينَ تَابُوْا مِنْ قَبْلِ أَنْ تَقْدِرُوا عَلَيْهِم ( ... except those
who repent before you overpower them), an exception has been men-
tioned. The exception is that should the robbers and rebels were to re-
pent - before they are surrounded and overpowered by government

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Surah Al-Ma'idah : 5: 33 - 34
forces, and are in a state when their position of strength is still opera-
tive - and decide on their own to abandon their practice of highway
robbery, then, this Prescribed Punishment will stand dropped in their
case. This exception is different from the general Law of Hudud be-
cause in other crimes such as theft and adultery, if the criminal, after
he has committed the crime and has been indicted by a Qadi court as
guilty, were to prove that he had repented genuinely, then, though the
punishment of the Hereafter (Akhirah) would stand forgiven by virtue
of this repentance, yet the Islamic Prescribed Punishment (_) will
not be forgiven in this mortal world - as it will be explained later, after
some verses, under the punishment for theft.
The wisdom behind this exception is that, on the one hand, such
severity has been maintained in the punishment of robbers that for
the commitment of the crime - even if by one person out of a whole
group - punishment is given to the whole group. Therefore, on the oth-
er hand, things have been made softer and lighter through this excep-
tion, that is, let them repent if they would, in which case, the punish-
ment of the mortal world would also be forgiven. In addition to that,
there is a strategic advantage here in this provision, that is, it is not
always easy to control or overpower a powerful group, therefore, the
door of pursuasion has been left open for them so that they are in-
duced to repent.
Yet another expedient consideration in this matter is that killing a
person is an extreme punishment. Here, the drift of the Islamic Law
is that it should happen as rarely as possible while, in a case of rob-
bery, the killing of a whole group becomes necessary, therefore, the ef-
fort to reform them too, through pursuasion, was continued simultane-
ously. The kind of effect it produced was that 'Ali Asadi who robbed
passersby on the outskirts of Madinah with the help of his group hap-
pened to hear one of those days the following verse of the Holy Qur'an
يُعِبَادِىَ الَّذِيْنَ أَسْرَفُوا عَلَى: (being recited by a Qari in the caravan (under attack
O My servants who have committed excesses) انْفُسِهِمْ لَا تَقْنَطُوا مِنْ رَّحْمَةِ اللَّهِ
against their own selves, do not lose hope in the mercy of Allah - Zumar,
39-53). When he looked for the Qari and found him, he asked him to re-
cite the verse once again. When he had heard the verse the second
time, he put his sword back into the sheath, repented from robbery

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and reached Madinah. At that time, Marwan ibn al-Hakam was the
chief executive of Madinah. The well-known Şahabi, Sayyidna Abu Hu-
rairah. ul >, held 'Ali Asadi by the hand and took him to the Amir of
Madinah. Before him, he recited this verse of the Qur'an and said: You
cannot give him any punishment.
The government was already helpless against their robbery and
the disorder generated by it. Everyone was pleased with the outcome.
An event similar to this happened when Haritha ibn Badr rebelled,
left the city and took to the practice of killing and plundering. But, Al-
mighty Allah gave him the Taufiq (ability) later on when he repented
and returned to Madinah. Then, Sayyidna 'Ali de Algo, did not subject
him to the ordained legal punishment (>).
At this point, it is worth remembering that the waiver in the Is-
lamic Legal Punishment (*) does not make it necessary that the
Rights of the Servants of Allah the criminal has trampled upon will
also be forgiven. On the contrary, the fact of the matter is that any-
thing valuable taken from anyone, which is still available, must be re-
turned back. And if someone was killed or wounded, one is duty-
bound to go through the consequences as stipulated under the Law of
Qişaş (Even Retaliation). However, since Qisas is the Right of the Ser-
vant of Allah, it could be forgiven if forgiven by the guardians of the
person killed or by the person who holds that Right. Other than that,
if someone has hurt someone else financially, it is necessary to vacate
the liability (Daman), or have it forgiven by the person concerned.
This is the favoured position of Imam Abu Hanifah and that of the ma-
jority of the jurists of Islam. A little reflection would show that this is
a fairly obvious matter as the act of seeking deliverance from any in-
fringement of the Rights of the Servants of Allah is a part of the act of
Taubah (repentance) itself. Taubah without it remains just incomplete.
Therefore, a robber or dacoit will be taken as genuinely repentant only
when he pays for whatever Rights of the Servants of Allah he has in-
fringed upon, or has it forgiven by them.
Verses 35 - 40
◌َيُّهَا الَّذِيْنَ امَنُوا اتَّقُوا اللَّهَ وَابْتَغُُّاَ إِلَيْهِ الْوَسِيْلَةَ وَ
-

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Surah Al-Ma'idah : 5 : 35 - 40
جَاهِدُوا فِىُ سَبِيْلِهِ لَعَلَّكُمْ تُفْلِحُوْنَ ﴿٣٥) إِنَّ الَّذِيْنَ كَفَرُوْا لَوْ
أَنَّ لَهُمُ تَّا فِى الْأَرْضِ جَمِيعًا وَمِثْلَهُ مَعَهْ لِيَفْتَدُوُا ◌ِهِ مِنْ
عَذَابٍ يَوْمِ الْقِيْمَةِ مَا تُقُبِّلَ مِنْهُمْ ، وَلَهُمْ عَذَابٌ أَلِيمٌ ﴿٣٦)
يُرِيِّدُونَ أَنْ يَخْرُجُوْا مِنَ النَّارِ وَمَاهُمْ بِخْرِجِيْنَ مِنْهَا ، وَلَهُمْ
عَذَّابٌ تُقِيْمٌ ﴿٢٧) وَالسَّارِقُ وَ السَّارِقَةُ فَاقْطَعُؤْا أَيْدِيَهُمَا
جَزَاءٌ بِمَا كَسَبَانَكَالاً مِنَ اللَّهِ وَاللَّهُ عَزِيزٌ حَكِيمٌ ﴿٣٨﴾ فَمَنُ
تَابَ مِنْ بَعْدِ ظُلُمِهِ وَاصْلَعَ فَإِنَّ اللهَ يَتُوُبُ عَلَيْهِ ، إِنَّ اللَّهَ
غَفُورٌ رَّحِيمٌ ﴿٣٩﴾ المُ تَعْلَمْ أَنَّ اللَّهَ لَهُ مُلُّكُ السَّمُوتِ
وَالْأَرْضِ، يُعَذِّبُ مَنْ يَشَاءُ وَيَغْفِرُ لِمَنْ يَشَاءِهُ وَاللّهُ عَلَى كُلِّ
شَىْءُ قَدِيْرٌ ﴿٤﴾
O those who believe, fear Allah and seek the wasilah of
nearness to Him, and carry out Jihad in His way so that
you may succeed. [35] Surely, those who disbelieve are
such that if they have all that there is in the earth, and
more as much besides it, to pay it as ransom against
the punishment of the Doomsday, it shall not be accept-
ed from them. And for them there is a painful punish-
ment. [36] They will wish to come out of the Fire, but
they are not to come out from there. And for them
there is a lasting punishment. [37]
As for a man or woman who commits theft, cut off the
hands of both to recompense them for what they
earned, a deterrent from Allah. And Allah is Mighty,
Wise. [38] And whoever repents after his transgression
and corrects himself, then Allah shall relent towards
him. Surely, Allah is Most-Forgiving, Very-Merciful. [39]
Do you not know that to Allah alone belongs the king-
dom of the heavens and the earth? He punishes whom-
soever He wills and forgives whomsoever He wills. And
Allah is powerful over everything. [40]

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Surah Al-Ma'idah : 5 : 35 - 40
Commentary
In verses previous to those cited above, the Islamic Prescribed Pun-
ishment of robbery and rebellion, as well as the details of injunctions
relating to them, were mentioned while the Prescribed Punishment for
theft is coming up after three verses later. The three verses which ap-
pear in between talk about Taqwa (the fear of Allah), obedience to and
the worship of Allah, inducement to Jihad ( fighting or struggling in
the way of Allah ) as well as the ruinous effects of disbelief, rejection,
obstinacy and disobedience. A deeper look into this particular style of
the Qur'an would reveal that its oft-recurring approach is not simply to
state the letter of the law of penalty and punishment as some cold and
coercive command from the law giver and just leave it at that, instead,
by taking the approach of an affectionate nourisher and nurturer, it
also smooths out the edges of the human mind to prepare it for its
ultimate abstention from crimes. And when it awakens the human
minds to the awaiting realities of the fear of Allah and the Akhirah
(Hereafter) and when it makes the everlasting blessing and bliss of
Paradise appear almost in sight, it goes on to change hearts replacing
their chronic taste for crime with instant distaste. This is the reason
why words similar to: Ul If (fear Allah) are repeated after stated laws
of crime and punishment. Here too, three things have been
commanded:
1. The first one is : d 3f that is, 'fear Allah', for it is the fear of Al-
lah alone which can really stop human beings from committing crimes
openly and secretly.
2. The second one is : fach ch Fiel, that is, 'seek the nearness of Al-
lah.' The word, "Jw," : wasilah, left untranslated, is a derivation from
the verbal noun, 'waslun', which means to make effort to become close
to someone. This word, whether spelt with the letter, sin ( : Aug, or
sad (L. : )), is used almost in the same sense. The only difference is
that waslun spelt with the letter, Sad (se) refers to becoming elose in
the absolute sense, while, waslun spelt with the letter, sin, is used to
denote seeking to gain nearness with longing and love. Related details
appear in the Șihah of Jauhari and in the Mufradat of Raghib al-
Işfahanī. So, wuşlah ( do, ) or wasilah (dro;) spelt with the letter, Sad,
refer to something which brings about nearness or conjunction be-

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Surah Al-Ma'idah : 5 : 35 - 40
tween two things, whether that nearness comes to be through longing
and love, or in some other form. As for the word, wasilah (d.,) spelt
with the letter, sin, it means that which brings someone closer to some-
one else through liking and love. (Lisan al-'Arab, Mufradat al-Qur'an)
The act of seeking to gain access to Allah - that is, 'wasilah' to Allah,
to be precise - is anything which brings a servant of Allah nearer to his
or her sole object of worship with all longing and love. Therefore, the
righteous elders, the Sahabah and Tabi'in have explained the word,
'wasilah', to mean obedience, nearness, faith and righteous conduct.
Sayyidna Hudhayfah, as reported by Hakim, said : 'Wasilah' means
nearness and obedience, and Ibn Jarir has reported the same on the
authority of 'Ata', Mujahid and Hasan al-Basri, may the mercy of Allah
be upon them all.
Also, Ibn Jarir and others have reported from Qatadah a Tafsir of
this verse which is :ِتَقَرَُّوا إِلَيُهِ بِطَاعَتِهِ وَالْعَمَلِ بِمَا مُرُضِيْه .It means :Seek nearness
to Him by obedience to Him and by doing deeds which please Him.
Therefore, the gist of the explanation of this verse is that one should
seek the nearness of Allah through 'Im an (faith) and 'A'mal (good
deeds).
Appearing in the Musnad of Ahmad, there is a sound (Sahih) hadith
in which the Holy Prophet صلى الله عليه وسلم has been reported to have said:
'Wasilah' is a high rank of Paradise, above which there is no rank. You
pray to Almighty Allah that He gives me that rank.
Again, in a narration from Sahih Muslim, the Holy Prophet has
been reported to have said: When the Mu'adhdhin (33; : Muezzin) calls
the Adhan, you keep saying what he says. Then, recite Durud on me
and pray that I be blessed with 'Wasilah.'
These ahadith tell us that 'Wasilah' is a special rank of Jannah
(Paradise) which is identified particularly with the Holy Prophet
As for the command to seek and find 'Wasilah'given to every believer,
it seems to be, on the surface, contrary to this particularity. But, the
answer is fairly clear that the way the highest station of guidance is
special to the Holy Prophet صلى الله عليه وسلم who always prayed for it, but,
its elementary and intermediary ranks of guidance are common and
open to all Muslims - similarly, the high rank of 'Wasilah' is particular

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to the Holy Prophet صلى الله عليه وسلم and all ranks after it are open and
common to all believers through the linkage of their love for him.
In his Letters, the famous renovator of the second millennium of
Islam in India, Mujaddid Alf-Thani, and Qadi Thana'ullah of Panipat,
in his Tafsir Mazhar, have both warned that the sense of longing and
love embedded in the word, 'Wasilah', clearly shows that advancement
in the ranks of 'Wasilah' depends on the love for Almighty Allah and
His Messenger - and love comes through the following of Sunnah, the
words and deeds of the Holy Prophet صلى الله عليه وسلم. This is because Al-
mighty Allah says :ُفَاتَّبِعُونِي يُحِبُكُمُ اللّه (Say [O Prophet], "If you do love Al-
lah, follow me; Allah shall love you ... "- 3:31). Therefore, the more par-
ticular one is in following the Sunnah of the Holy Prophet & in acts of
worship, transactions, dealings, morals, social living, practically in all
departments of life, the more beloved of Allah one shall be, and the
more widening becomes the gyre of this love, the closer and nearer to
Allah one shall be.
Now, after this lexical explanation of the word, 'Wasilah,' and the
exegetical notes from the Şahabah and Tabi'in, we do know how every-
thing which becomes the means of achieving the pleasure and near-
ness of Allah is, for a human being, the 'Wasilah' of becoming close to
Allah. As included in it are faith ('Im an) and good deeds (al-a'mal al-
salih), so included therein are the company and the love of prophets
and righteous people as well, for that too is one of the causes of the
pleasure of Allah - and so, praying to Allah Almighty by making them
a Wasilah' should be correct, as was done by Sayyidna 'Umar as Ul,
when he, at the time of a famine, making Sayyidna 'Abbas a 'Wasilah,'
made a prayer for rains before Almighty Allah. The prayer was an-
swered.
It is reported that the Holy Prophet صلى الله عليه وسلم had himself
taught a blind Sahabi to pray with the words which are as follows : EQuí
O Allah, I seek from You, and I ask for) إِنّيْ اسْأَلُكَ وَاَتَوَجَّهُ إِلَيْكَ بِنَبِيِّكَ مُحَمَّدٍ نَبِيِّ الرَّحْمَةِ
Your attention with (the Wasilah of) Your Prophet, Muhammad, the
Prophet of Mercy. (Manar)
3. Before taking up the third command, that of Jihad, in this verse
(35), it will be useful to recollect the first command, that of Taqwa,
then the command to seek nearness to Allah through faith and good