Indexed OCR Text

165
Surah Al-Ma'idah : 5 : 41 - 43
judge or arbitrator. The dual advantage they saw in it was that they
would reap the benefits of all easy and light rules of Islamic Law
while, at the same time, they would not have to commit the crime of
altering the Torah. But, here too, they had their crookedness at work
as they would hold on to their decision of taking their case to him until
such time that they succeeded in finding out beforehand through some
source or ruse as to the actual verdict which would be delivered in
their case when presented. Then, if they found this verdict matching
their wishes, they would make him their arbitrator and have him de-
cide their case. If it happened to be contrary to their wishes, they
would leave it at that. Since the events of this nature had caused pain
to the Holy Prophet صلى الله عليه وسلم, he has been comforted in the opening
sentence of the verse that he should not grieve about their behaviour
because it would finally turn out to be good for him.
Then, Allah Almighty let him know that these people were not
making him a judge in their case sincerely. Their intentions were mis-
chievous. Then, in the later verse (42), he was given the choice to ei-
ther decide or avoid their case as he wished. He was also assured that
they will not be able to harm him in any way, if he wished to avoid
them. This is what the verse:
judge between them) فَاحُكُمُ بَيْنَهُمْ آَوُ اَعُرِضُ عَنْهُمْ
or turn away from them) means. Then, in the part of the verse which
follows immediately, it was stated that should he elect to decide their
case, the guideline given is that the decision has to be just. In other
words, it meant that he was to decide the case in accordance with his
Shari'ah because, after the coming of the Holy Prophet , all former
religious codes and their laws stand abrogated, except those which
have been retained in the Holy Qur'an and the Shari'ah of the Last
Prophet. It is for this reason that the act of deciding a case on the ba-
sis of another law, custom or usage contrary to the Divine Law has
been declared to be injustice, sin and disbelief in later verses.
Judicial Process for Non-Muslims in an Islamic State
At this point, it should be borne in mind that these Jews who sent
their cases to the court of the Holy Prophet صلى الله عليه وسلم did not believe
in him or his Shari'ah nor were they Dhimmis (non-Muslim citizens)
protected by Muslims. However, they did have a no-war pact with the
Holy Prophet صلى الله عليه وسلم. This is why he was given the option to ei-

166
Surah Al-Ma'idah : 5 : 41 - 43
ther turn away from them, or give a decision in their case according to
his Shari'ah because no responsibility for them falls on the Islamic
state. If they were Dhimmis (protected non-Muslim citizens of a Mus-
lim State) and approached the Islamic government, the responsible
Muslim official would have been duty-bound to give a verdict in their
case. Avoiding it would have not been permissible because watching
over their rights and removing injustice done to them is the duty of an
Islamic government. Therefore, in a verse which will appear a little
later (49), it has also been said : ◌ْوَآَنِ احُكُمُ بَيْنَهُمْ ◌ِّ أَنْزَلَ اللَّهُ وَلَا تَتَّبَعُّ اهْوَاءَ هُم (And judge
between them by what Allah has sent down and do not follow their de-
sires ... ) In other words, it means: If these people bring their case to
you, decide it in accordance with your Shari'ah.
No choice has been given in this verse. Instead, the command is to
decide as prescribed. In Ahkam al-Qur'an, Imam Abu Bakr al-Jaşsas
has accomodated the sense of both these verses by suggesting that the
first verse where a choice has been given relates to non-Muslims who
are not citizens or Dhimmis of the Islamic state but continue to live
where they are under a pact, such as, the position of the tribes of Banu
Qurayzah and Banu Nadir. They had nothing to do with the Islamic
state except that they were bound by a no-war pact. And the second
verse concerns particular non-Muslims for whom Muslims are respon-
sible and who are citizens of the Islamic state and owe allegiance to its
legal government.
Worth pondering here is that in both these verses - the first verse
which gives a choice and the second which gives a specified command -
the instruction given to the Holy Prophet صلى الله عليه وسلم is that he
should decide cases of these non-Muslims, whenever he does so, in ac-
cordance with the injunctions revealed by Almighty Allah, that is, in
accordance with his Shari'ah - and not in accordance with the wishes of
these non-Muslims or the religion they follow.
To explain, it can be said that this injunction is related to events
which have been described under the background of the revelation of
these verses. Of these, one concerned the punishment for killing and
blood money while the other was that of adultery and its punishment.
In such punishments of crimes, the universal practice is to have a com-
mon law for the whole country. In this common law, no discrimination
...

167
Surah Al-Ma'idah : 5 : 41 - 43
is made on the basis of classes or religions, for example, amputating
the hand of the thief which would not apply to Muslims alone, but
would be the punishment for every citizen of the country. Similarly,
the punishments for killing and adultery will also be common to every-
one. But, it does not make it necessary that personal and purely relig-
ious matters of non-Muslims should also be decided in accordance with
the Islamic Shari'ah.
Take an example from the conduct of the Holy Prophet & himself.
Though he did declare liquor and swine unlawful for Muslims and pre-
scribed a punishment for it, but he left non-Muslims free of any obliga-
tions in this matter. In addition to that, he never interfered in the
personal law of non-Muslims pertaining to marriages and similar oth-
er matters. In fact, he accepted their marriages as valid.
With the rise of Islam in the Arabian Peninsula, the Magians of
Hajar and the Jews and Christians of Najran and Wadi al-Qura be-
came Dhimmis (protected non-Muslim citizens) of the Islamic state.
That the Magians believed in marriage with even a mother and sister
as lawful was known to the Holy Prophet صلى الله عليه وسلم . Similarly,
marriage without 'Iddah (waiting period), or witnesses, was valid
among Jews and Christians. But, he did not interfere in their person-
al matters and took their marriages as valid.
In short, it can be said that decisions about personal law and relig-
ious matters of non-Muslims who are citizens of a Muslim state shall
be left to their own religion and thinking - and should there be the
need to arrive at a judicial settlement of their cases, a judge from their
own religion will be appointed to decide them.
However, in the event that they turn to a Muslim judge or ruler
and show that the concerned parties would agree with the decision giv-
en, then, the Muslim judge or ruler will deliver his judgement but in
accordance with his Shari'ah - because he is now the legally appointed
arbitrator as approved by the parties concerned. In the noble verse: si,
sin Jore peu'&& (Judge between them by what Allah has sent down and
do not follow their desires - 49) appearing a little later, the command to
decide in accordance with the Islamic Shari'ah given to the Holy
Prophet صلى الله عليه وسلم is based either on the matter being that of com-
mon law from which no section can be exempted, or rests on the basis

168
Surah Al-Ma'idah : 5 : 41 - 43
that such people have themselves come to the Holy Prophet , have
taken him as the arbitrator and wish that he himself should decide
their case. Thus, it becomes obvious that his decision should be the
one he believes in and which is also the mandate of his Shari'ah.
Now as we move on to other aspects of verse 41, we see that it be-
gins with words of comfort for the Holy Prophet وصلى الله عليه وسلم after
which, he has been informed of the conspiracy hatched by the Jews,
the description of which goes right upto its end. It reveals that the
deputation coming to him was comprised of hypocrites who were se-
cretly in league with the Jews and it is at their behest that they were
going to see him. After that, there is a description of some evil traits
of character the visiting group has against which Muslims have been
warned. As an adjunct, it has been pointed out that these traits of
character are rejectionist in nature, therefore, effort should be made to
stay safe from them. Listed below are these four evil traits of charac-
ter.
1. The first trait identified is: ◌ِسَتُعُونَ لِلْكَذِب (They are listeners of the
lie). It means that they are used to listening to and going by what is
false. They are the kind of blind followers of unfaithful Jews who see
to it that they are called men of learning who would go on following
them despite noticing that they were openly negating the injunctions
of the Torah, worse still, they would continue being satisfied with their
fictional interpretations of it.
Following 'Ulama': The Norm for People
The way those making alterations and adulterations in the injunc-
tions of Allah and His Messengers have been warned here, indicted
similarly are those too who take such people as their leaders in relig-
ion and get used to listening to false and fabricated presentations from
them. Offered here is an important rule of guidance for Muslims that,
though the only way of following the obligations of religion open to un-
lettered masses is to act in accordance with the ruling (Fatwa) and
teaching (Ta'lim) of 'Ulama' (traditionally trained, morally groomed,
professionally equipped men and women of learning and living and
teaching in accordance with the inviolable truth of the Qur'an and
Sunnah - a sense not carried by stray equivalents of scholars, the
learned, religious leaders, divines, priests, et al. Tr.). But, this is a re-

169
Surah Al-Ma'idah : 5 : 41 - 43
sponsibility from which the masses too cannot escape. It is their duty
to first find out what they are doing. Before they take a Fatwa or hope
to act correctly in a religious matter, they must at least investigate
into the antecedents of those they are going to follow. This is like a
sick person looking for a good physician. He consults people who know
about the best in the field, about their education, expertise, practice,
professionalism, moral quality and human dealing. After this possible
assessment, if one makes a mistake and falls into the trap of a quack
or charlatan, a reasonable person would not blame him. But, anyone
who did not take the trouble of investigating and landed into the lair
of a false practitioner and messed up his life, then, he alone will be re-
sponsible for his suicide.
The same principle applies to the dissemination of knowledge
about religious matters for common people. If one of them first did
what was necessary, talked to people of knowledge, expertise and ex-
perience available in his area and was able to pick up an 'Alim to con-
sult and follow, and acted according to his Fatwa, then, he would be
considered excusable not only in the sight of people but also in the
sight of Allah. In a hadith relating to a similar matter, the Holy
Prophet صلى الله عليه وسلم is reported to have said : فَإِنَّ إِثْمَدُ عَلى مَنْ أَفْعَى which
means, if in a situation like that, should the 'Alim or Mufti make a
mistake, and a Muslim acts in accordance with this incorrect Fatwa,
then, the sin for having acted in that manner does not fall on him, but
it does on that 'Alim or Mufti - and that too would apply in a situation
when that 'Alim or Mufti had made such a mistake knowingly, or had
fallen short in deliberating on the problem to the best of his ability, or,
may be, he was no 'Alim or Mufti to begin with, and had taken that re-
sponsible office through fraud or favour.
But, if a person takes someone as an 'Alim (a source of correct re-
ligious guidance which is worth following) on his own, without investi-
gating, and does what he says - and the 'Alim so chosen is really not
deserving of being followed - then, its curse will fall not only on that
Mufti or 'Alim alone, but this person who chose him will also share its
consequences equally because he gave the reins of his 'Iman (faith) into
the hands of such a person without any investigation. These are the
kind of people the Holy Qur'an calls 'the listeners of the lie,' people
who keep tagged behind their (ill-chosen) religious leaders without

170
Surah Al-Ma'idah : 5 : 41 - 43
taking the trouble of finding out the truth about their knowledge and
integrity, conduct and deeds, trustworthiness and honesty. Unfortu-
nately, they have got themselves into the habit of listening, accepting
and being satisfied with fabricated and false narratives from them.
The Holy Qur'an is talking about the condition of Jews here but
the message behind it is actually beamed at Muslims so that they can
stay safe against something like that. Unfortunately, this is one of the
reasons of the downfall of Muslims in the contemporary world. They
are quite smart in their mundane matters. When sick, they find the
best physician. When stuck with a case, they will search out the best
lawyer. When they make a house, they can dig out the top architect
and engineer. But, when it comes to the matter of religion, they be-
come so careless that they would take any man with a beard, a long
shirt and a glib tongue as their religious leader, 'Alim, Mufti or guide.
They would do that without bothering to find out whether or not this
person was educated and trained formally in a reliable institution of
higher religious learning; whether or not he has sat at the feet of ex-
perts in the field and culled the taste and temperament of the knowl-
edge of Din; whether or not he has made intellectual contributions dur-
ing his career; whether or not he has benefited from the company of
truly pious elders and Men of Allah by imbibing from them the essen-
tial virtues of Taqwa (fear of Allah) and Taharah (physical and spiritu-
al purity)?
The result of this carefree attitude is that a large section of people
from among Muslims who do turn to religion unfortunately falls into
the fishing nets of ignorant preachers and commercial pirs and be-
comes far-removed from the correct path of religion. For people like
that, their knowledge of religion stands reduced to tales which leave
their desiring selves untouched and which, then, gives them the delu-
sion that they are following religion and doing a lot of worship. But,
its reality is what has been described in the Holy Qur'an in the follow-
ing words:
الَّذِّيْنَ ضَلَّ سَعْيُهُمْ فِى الْخَيُوةِ الدُّنْيَا وَهُمْ يَحْسَبُوْنَ أَنَّهُمْ يُحُسِنُوْنَ صُنْعًا
They are the people whose efforts and deeds have gone waste
within the life of the world while they are thinking that they
have done something good.

171
Surah Al-Ma'idah : 5 : 41 - 43
Concluding with a summary, we can say that the Holy Qur'an iden-
tifies an important principle by describing the hypocrites from among
the Jews as 'the listeners of the lie.' The principle is that following
'Ulama is inevitable for people at large, but it is their responsibility
that they should not follow anyone as their 'Alim or guide in religion
without prior investigation as a result of which they may not become
habituated to listening to what is false from ignorant people.
2. Describing the other evil trait of these hypocrites, it was said:
.(listeners for other people who did not come to you) سَتْعُوُنَ لِقَوْمِ اخْرِيْنَ لَمْ يَأْتُوْنَ
It means that these people have obviously come to ask you about a re-
ligious matter. But, the truth of the matter is that their objective is
neither religion nor some ruling about it. In fact, they are the spies of
the kind of Jewish people who did not come to you by themselves be-
cause of their arrogance. The deputationists, following the wishes of
their senders, simply want to find out your view of the punishment of
adultery and let their senders know about it who will themselves de-
cide whether or not they would accept the verdict. In this, there is
warning for Muslims that whoever seeks a Fatwa from an 'Alim of Din
is bound by the condition that the intention of the seeker must be to
find out the command of Allah and His Messenger and to follow it.
Any effort to find out from one Mufti, or more than one, the objective
solution of a religious problem, then, going about looking for a solution
which suits one's desires is an open demonstration of following one's
own desiring self - and Shaytan. This should be avoided.
3. Describing the third evil trait of these people, it has been said
that they 'displace the words (of Allah) after their having been placed
properly,' which means that, by doing so, they give the Word of Allah a
meaning which is not intended and thus try to alter Divine injunc-
tions. Included here is the possibility of making some changes or al-
terations in the very words of the Torah, as well as the eventuality
that they keep the words as they are but make interpretations and al-
terations which are absurd in meaning. The Jews are used to doing it
both ways.
In this, the warning given to Muslims is that Allah Almighty has
Himself taken the responsibility of protecting the Holy Qur'an. As for
an alteration in its words, nobody can dare to do that because it is sim-

172
Surah Al-Ma'idah : 5 : 41 - 43
ply not a matter of what is written in the already countless copies of
the Qur'an, but also that of what lies secured in the memory banks of
millions of human beings. Anyone who makes the slightest mistake of
mispronouncing even a short vowel is caught instantly. As for an al-
teration in meaning, it can obviously be done - and doers have done it
too. But, for its security, Almighty Allah has made the arrangement
that there shall remain in this Ummah right through the Last Day of
Qiyamah, a group of people who would be armed with the correct
meaning and message of the Qur'an and Sunnah, and they would be
enough to unmask the alterers, corrupters and distorters of their
meanings.
Bribery and its evil consequences
4. The second verse (42) mentions another evil trait of these people
by calling them: myslí translated here as 'eaters of the unlawful'
making 'the unlawful' to stand for the word, 'suht' in the text. The liter-
al meaning of Suht is to uproot or destroy something totally which is
the sense in what the Qur'an says in: when, that is, (do not forge
lies against Allah) lest He destroy you with a punishment - 20:61). But,
at this place in the Qur'an, Suht denotes bribe. Sayyidna 'Ali e Alle),
Ibrahim Nakha'ii, Hasan al-Başri, Mujahid, Qatadah and Daļhak and
other leading authorities in Tafsir have explained it as bribe.
The reason for equating bribe with Suht (total destruction; also -
unlawful earning, detestable enough to be shunned) is that it not only
destroys its givers and takers alike but also goes on to uproot the
whole country and community and destroy public peace and tranquili-
ty (by causing rise in illegal gratification and fall in avenues of honest
earning). When bribery gains currency in a country or a department,
law freezes and bribery stays hot. As for the law of a country, it is the
only power which maintains peace and stability. When law and order
stand suspended, nothing remains safe, life or property or honour,
nothing. Therefore, by calling it Suht, the Shari'ah has declared it to
be gravely Haram, forbidden and unlawful. Moreover, to block all pos-
sible doors of bribery, even the gifts given to officials or leaders or dig-
nitaries of a country have also been classed as Suht or bribe in an au-
thentic Hadith, and has been declared to be Haram. (Jassas)
The Holy Prophet صلى الله عليه وسلم has said in a hadith : Almighty Allah
·

173
Surah Al-Ma'idah : 5 : 44 - 50
causes His curse to fall on the giver and taker of bribe - and on him too
who acts as a broker between them. (Jassas).
The Islamic Legal definition of Rishwah (meaning bribery) is the
taking of compensation for something the taking of which would not be
legally correct. For example, a person doing a job, the doing of which
is included within his duty, and the fulfilling of which is mandatory on
him, cannot take any compensation for it from any party. If taken,
that is bribe. Functionaries of governments, officials or clerks, higher
or lower, are all obligated to do their duties by virtue of being paid em-
ployees of the government. If they take something from the person
whose case they are handling, that will be a bribe. The father and
mother of a girl are responsible for the marriage of their daughter.
They cannot take any 'compensation' for doing that. If they take any
'compensation' from the person who will have the hands of their
daughter in marriage, that is a bribe. Sawm (fasting), Şalah (prayers),
Hajj (pilgrimmage) and the Tilawah (recitation) of the Qur'an are
'Ibadah' (acts of worship) with which Muslims have been obligated.
The taking of any 'compensation' from anyone is a bribe. However, the
duty of the Teaching of Qur'an and the duty of leading Salah as Imam
are exempt from this (as ruled by later Muslim jurists).
Then, a person who takes bribe and does someone's job as it should
rightfully be done, he commits the sin of taking bribe and the money
or material he has 'earned' is 'suht,' and unlawful for him. And should
he do it as it should have not been done rightfully, then, this becomes
another grave crime, that of wastage of what was right and that of
changing an express command of Allah, in addition to the initial one.
May Allah keep all Muslims safe from this curse.
Verses 44 - 50
إِنَّا أَنْزَلْنَا التَّوْرِنَةَ فِيْهَا هُدَّى وَنُّهَ يَحُكُمُ بِهَا الَِّيُّوْنَ الَّذِينَ
أَسْلَمُوا لِلَّذِيْنَ هَادُوًا وَالَّتِيُّونَ وَالْآَحْبَارُ بِمَا اسْتُحُفِظُوا مِنْ
◌ِكِتُبِ اللهِ وَكَانُوا عَلَيْهِ شُهَدَاءٍ فَلاَ تَخْشَوا النَّاسَ وَاخْشَوُنِ
وَلَا تَشْتَرُوا بِالْتِىْ ثَمَنَّا قَلِيْلًا* وَمَنْ لَّمْ يَحْكُمْ بِمَّا أَنُزَّلَ اللَّهُ

174
Surah Al-Ma'idah : 5 : 44 - 50
فَأُولَئِكَ هُمُ الْكُفِرُونَ ﴿٤٤﴾ وَكَتَبْنَا عَلَيْهِمْ فِيْهَا أَنَّ النَّفْسَ
بِالنَّفُسِ* وَالْعَيْنَ بِالْعَيْنِ وَالْأَنْفَ بِالْآَنْفِ وَالْأُذُنَ بِالْأُذُنِ
وَالِنَّ بِالِنِّ وَالْجُرُوْعَ قِصَاصُ هُ فَمَنُ تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ
لَّهُ وَمَنْ لَّمْ يَحْكُمُ بَِّ أَنْزَلَ اللّهُ فَأُولَئِكَ هُمُ الْظَلِعُونَ ﴿٤﴾
وَقَفَّيْنَا عَلَى أَتَّارِهِمُ بِعِيْسَى ابْنِ مَرْيَمَ مُصَدِّقًا لِّا بَيْنَ يَدَيْهِ
مِنَ الثَّوْرَةِ م وَ اتَيْنُهُ الْإِنْجِيْلَ فِيُهِ هُدًى وَّنُ" وَمُصَدِّقًا ◌ِّلَ
بَيْنَ يَدَيُهِ مِنَ التَّوْرِيَةِ وَ هُدًى وَّمَوْعِظَةً لِلْمُتَّقِينَ ﴿٤٦﴾
وَلْيَحُكُمُ آَهُلُ الْإِنْحِيْلِ ◌ِآَ أَنْزَلَ اللَّهُ فِيْهِ* وَمَنُ لَّمْ يَحُكُمُ بِمَّاً
أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْفُسِقُونَ ﴿٤٧﴾ وَ أَنْزَلْنَا إِلَيْكَ الْكِتُبَ
بِالْحَقِّ مُصَدِّقَالّاً بَيْنَ يَدَيْهِ مِنَ الْكِتْبِ وَمُهَتُمِنًا عَلَيْهِ فَاحُكُمُ
بَيْنَهُمُ بِّ أَنْزَلَ اللّهُ وَلَا تَتَّبِعُ اَهُوَاءَ هُمْ عَمَّا جَاءَكَ مِنَ الْحَقِّء
لِكُلِّ جَعَلُنَا مِنْكُمُ شِرْعَةٌ وَمِنْهَاجًّا* وَلَوْنَآءَ اللَّهُ لَعَلَكُمْ أُمَّةً
وَاحِدَةً وَلكِنُّ لِيَبْلُوَكُمْ فِىُ مَّ اتُكُمْ فَاسْتَبِقُوا الْخَيَاتِ ﴿ إِلَى
اللَّهِ مَرْجِعُكُمُ جَمِيعًا فَيُنَتِبُّكُمُ بِمَا كُنتُمُ فِيْهِ تَخْتَلِفُونَ ﴿٤٨﴾
وَآَنِ احْكُمْ بَيْنَهُمُ بِّآ أَنْزَلَ اللَّهُ وَلَا تَتَّبِعُ اَهُوَاْ ءَهُمْ وَاحْذَرُهُمْ آَنُ
◌َّفْتِنُؤُكَ عَنْ بَعْضٍ مَّا أَنْزَلَ اللَّهُ إِلَيْكَ* فَإِنُ تَوَّلَّوًا فَاعْلَمْ آَّمَا
يُرِيدُ اللَّهُ أَنْ تُصِيِّبَهُمْ بِبَعُضِ ذُنُؤُبِهِمْ، وَإِنَّ كَثِيْرًا مِنَ النَّاسِ
لَفْسِقُونَ ﴿٤٩﴾ اَفَحُكُمُ الْجَاهِلِيَّةِ يَبْغُونَ﴿ وَمَنْ آَحْسَنُ مِنَ اللّهِ
حُكْمًا لِقَوْمٍ يُوقِنُونَ ﴿٥)
Surely We have sent down the Torah, having guidance
and light therein by which the prophets, the submit-
ting ones, judge for the Jews, and (so do) the Men of
the Lord and the Men of knowledge, because they were
entrusted with the protection of the Book of Allah, and

175
Surah Al-Ma'idah : 5 : 44 - 50
they stood guard over it. So, do not fear people. Fear
Me. And do not take a paltry price for My verses. And
whoever does not judge by what Allah has sent down,
then, they are the disbelievers. [44]
And therein We have prescribed for them: life for life,
eye for eye, nose for nose, ear for ear and tooth for
tooth; and for wounds, an equal retaliation. Then,
whoever forgives it, that will be expiation for him. And
whoever does not judge by what Allah has sent down,
then, they are the unjust. [45]
And in their wake, We sent 'Isa son of Maryam, confirm-
ing what was before him, that is, the Torah; and We
gave him the Injil having guidance and light therein,
and confirming what was before it, that is, the Torah,
and a guidance and lesson for the God-fearing. [46]
And the people of Injil must judge by what Allah has
sent down therein. And whoever does not judge by
what Allah has sent down, then, they are the sinners.
[47]
And We have sent down to you the Book with truth,
confirming the Book before it, and a safeguard for it.
So, judge between them by what Allah has sent down,
and do not follow their desires against the truth that
has come to you. For each of you We have made a way
and a method. And had Allah willed, He would have
made a single community of people, but (He did not), so
that He may test you in what He has given to you.
Strive, then, to excel each other in good deeds. To Al-
lah is the return of you all. Then Allah shall tell you
about what you were disputing in. [48]
And (We have revealed to you) : Judge between them
by what Allah has sent down and do not follow their
desires, and beware of them lest they should turn you
away from some of what Allah has sent down to you.
So, if they turn away, be sure that Allah intends to
make them suffer for some of their sins. And surely,
many of the people are sinners. [49]
Is it, then, the judgement of (the days of ) Ignorance
that they seek? And who is better in judgement than
Allah, for a people who believe? [50]

176
Surah Al-Ma'idah : 5 : 44 - 50
Sequence of the Verses
This is the third Section of Surah al-Ma'idah. Here, Allah Almighty
has asked the Jews, the Christians and the Muslims to pay heed to a
particular injunction of the creed they all share as being the three
communities attached to the Prophetic Tradition. Appearing in differ-
ent contexts through verses which have gone earlier, this is the serious
matter of acting against the pledges given to Almighty Allah and that
of changes, alterations and false interpretations made in injunctions
sent to them - something which had become a chronic compulsion of
habit with the Jews and Christians.
In the first two verses (44,45) of this Section, addressing the people
of the Torah, Almighty Allah has warned them on this crookedness
and about the sad end it will bring. With it, as a corollary, some con-
gruent injunctions pertaining to Qisas (Even Retaliation) have also
been mentioned - for the Jewish conspiracy described in the previous
verses was related to Qisas which the people of the tribe of Banu Nadir
did not like to be even and because of which they had compelled their
weaker rivals, the Banu Qurayzah, to be content with lesser blood
money as compared to themselves. Thus, in these two verses, the Jews
have been given a stern warning against imposing their own law con-
.
trary to the Law sent down by Almighty Allah and those who do that
have been classed as Kafir (disbelievers) and Zalim (unjust).
After that, the third (46) and the fourth (47) verses are addressed to
Christians. They too have been warned against enforcing a law of
their own contrary to the Law sent by Allah. And those who do that
have been classed as contumacious and disobedient.
Finally, in the fifth (48) and sixth (49) verses, addressing the Holy
Prophet صلى الله عليه وسلم, Muslims have been instructed that they should
take precautions to stay immune from the disease which had afflicted
the people of the Book lest they too, God forbid, were to start changing
through misinterpretations the injunctions and laws given by Al-
mighty Allah - goaded by greed for money and recognition, or stoop to
the haughtier level of making and enforcing a self-made law of their
own contrary to His Law.
Also stated here subsequently is an important matter of principle
which posits that all prophets, may peace be upon them all, adhered to

177
Surah Al-Ma'idah : 5 : 44 - 50
the same faith and way as far as believing in and obeying Allah is con-
cerned. But, every prophet was given, as wisdom demanded, a Sha-
ri'ah or Way or Code, appropriate to the nature and need of his time
and in which many subsidiary injunctions differ. Thus, as pointed out
here, the very Shari'ah given to a prophet was the wisest choice for
that time of the prophet and during which following it was obligatory.
When abrogated and replaced by another Shari'ah, the later, then be-
came what was wise and expedient at its time, the following of which
also became equally obligatory. That there is a unique element of wis-
dom in the phenomena of alternation and variation in the systems of
Shari'ah is a point which has also been made here.
Commentary
In the first verse of the set of verses appearing above, by saying: GI,
-Surely We have sent down the Torah, having guid) أَنْزَلُنَا التَّوْريّةَ فِيهَا هُدِّى وَنُوْمٍ
ance and light therein), the hint given is that the abrogation of the
Shari'ah of Torah at that point of time is not because of any shortcom-
ing of the Torah itself but it has been done rather because of the need
to change injunctions with the change of time. Otherwise, the Torah
too is a Book revealed by the same Revealer. It has rules of guidance
for the Bani Isra'il and it also has a special light which moves their
hearts spiritually.
After that it was said :ُيَحُكُمْ بِهَا النَّبِيُّونَ الَّذِيْنَ اسْلَهُوْا لِلَّذِيْنَ هَادُوا وَالرَّسُِّتُّونَ وَالْآَحْبَار that
is, 'We had revealed the Torah so that, until its Shari'ah has not been
abrogated, all incoming prophets and their deputies, the men of Allah
and the 'Ulama shall all decide and rule in accordance with this Torah
making it the working law of their time.' The deputies of the prophets,
may peace be upon them all, have been mentioned in two categories -
'Rabbaniyyun' and 'Ahbar.' The word, 'Rabbaniyy' is attributed to 'Rabb'
and means 'Man of Allah.' As for 'Ahbar', it is the plural form of Hibr
which, in the Jewish terminology, used to stand for 'Alim (roughly, a
scholar of religious sciences). It is obvious that for one to be a Man of
Allah one has to have the knowledge of the necessary injunctions of Al-
mighty Allah, otherwise deed sans knowledge is not possible - and no
one can become a Man of Allah without obeying Divine injunctions and
acting in accordance with them. Similarly, an 'Alim is, in the sight of
Allah, one whose deeds in life are a mirror of his knowledge, otherwise

178
Surah Al-Ma'idah : 5 : 44 - 50
an 'Alim who, despite his knowledge of Divine injunctions, does not ful-
fill his binding religious obligations by doing what is required of him
nor shows any concern for his failure to do so, is worse than an ignor-
ant person in the sight of Allah. The outcome is that every Man of Al-
lah is an 'Alim and every 'Alim is a Man of Allah (or should be, in prin-
ciple). But, at this place, by mentioning both separately, a notice of
caution has been given - no doubt, knowledge is necessary for a Man of
Allah and deed, for an 'Alim - but, one gets to be identified with his
dominant activity or colour (of the rainbow he follows in his path of
obedience to Allah) and that becomes the name he is called with. A
person who mostly devotes himself to 'Ibadat (acts of worship), A'mal
(deeds) and the Dhikr of Allah (remembrance) and acquires religious
knowledge sufficient for his needs, he is called a Rabbaniyy or Man of
Allah. This, in our contemporary usage, is given names like Shaykh,
Murshid, Pir and a good many others. As for the person who acquires
the highest practical expertise available in religious sciences, and de-
votes himself to the mission of teaching and training people in the
rules of the Shari'ah, and fulfills the obligations of discharging what is
Fard, Wajib and Sunnah al-Mu'akkadah - but is unable to spend any-
more time in performing Nafl 'Ibadat (voluntary acts of worship) - he is
called 'Hibr' or 'Alim.
To sum up, it can be said that the explanation given above also
makes it clear that there is no dichotomy in Shari'ah and Tariqah and
no distance between 'Ulama and Masha'ikh. They all converge into
the basic unity. As far as the difference in their method of work and
the predominant area of occupation is concerned, it becomes equally
evident that the 'Ulama (religious scholars) and Sufis (religious mys-
tics) are not two sects or factions. Far from it, they are, rather, one -
in the sense that they both work for the same purpose in life, that of
submission and obedience to Allah and His Messenger. But, their
comparative methods employed to achieve this purpose do seem to be
formally divergent.
After that, it was said : ،ًبِمَا اسْتُحُفِظُوا مِنْ كِتْبِ اللَّهِ وَكَانُوا عَلَيْهِ سُهَدًا (because they
were entrusted with the protection of the Book of Allah and they stood
guard over it). It means that these prophets and their two kinds of
deputies, the 'Ulama and the Masha'ikh (Men of Knowledge and Men

179
Surah Al-Ma'idah : 5 : 44 - 50
of Allah) were responsible for enforcing the laws of the Torah because
Almighty Allah had entrusted them with the protection of the Torah
and they had given the pledge that they would guard it.
Upto this point, the text was referring to the Torah as Divine
Scripture and guidance and light which was enforced and guarded by
prophets, and their deputies among guides and scholars. Then, the fo-
cus turns on to the contemporary Jews who have been censured for not
having guarded the Torah as their elders did. They acted crookedly
when they started changing its injunctions, for example, the glad tid-
ings of the coming of the Last among Prophets, Muhammad al-
Mustafa, may the peace and blessing of Allah be upon him, was men-
tioned clearly in the Torah and the Jews were asked to believe in him.
But, rather than believe in him as required, they became hostile to
him. Also given here is the reason as to what prompted them to do so.
It was love for power and love for money. They knew that the Holy
Prophet صلى الله عليه وسلم was a true prophet of Allah but they balked at
the thought of following him because they were taken as leaders
among their people, common Jews who followed them. Now if they
were to embrace Islam, they will turn into common Muslim individu-
als. Gone will be their pivotal position for power play. Other than this,
they had almost made it a profession that they would bend and alter
the provisions of the Torah to provide officially endorsed conveniences
for influential people against payment of bribes. The contemporary
Jews were warned about this practice in the following words:
فَلَا تَخْشَهَا النَّاسَ وَاخْشَُونِ وَلَا تَشْتَرُوا بِالْتِى ثَمَنَّا قَلِيْلاً
(So, do not fear people, fear Me. And do not take a paltry
price for My verses).
It means that they should not fear that their people will stop following
them or will turn against them and that they should not alter Divine
commands for the sake of insignificant worldly gains for it would ruin
them both materially and spiritually because:
وَمَنْ لَّمْ يَحُكُمُ بِّ أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكُفِرُونَ
And whoever does not judge by what Allah has sent down,
then, they are the disbelievers.
In the second verse after that (45), there is a description of the in-

180
Surah Al-Ma'idah : 5 : 44 - 50
junctions of Qisas (Even Retaliation) with a particular reference
stressing that 'We had revealed these injunctions in the Torah.' The
words of the text are:
وَكَتَبْنَا عَلَيْهِمْ فِيْهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالْآَنْفَ بِالْأَنْفِ
وَأْأُذُنَ بِاْأُذُنِ وَالتِنَّ بِالِنِّ وَالْجُوُوُعَ قِصَاصُ
'We had revealed in the Torah this injunction of Qisas for the
Jews that there will be life for life, eye for eye, nose for nose,
ear for ear, tooth for tooth; and for wounds an equal retalia-
tion.'
It will be recalled that the case of Banu Qurayzah and Banu Nadir
was brought before the Holy Prophet صلى الله عليه وسلم. Counting on their
power, Banu Nadir had compelled the weaker Banu Qurayzah to agree
to their oppressive conditions which stipulated that should a man from
Banu Qurayzah kill a man from Banu Nadir, they will have to pay two
penalties. The Qisas of life for life will be taken as well as the blood
money will have to be paid. If the case was the reverse, that is a man
from Banu Nadir kills a man from Banu Qurayzah, then, there will be
no Qisas; only blood money will be paid but that too will be half of
what Banu Nadir were entitled to.
In this verse, Allah Almighty has exposed the lie of these people by
pointing out that the injunctions of equality in Qisas (retaliation) and
Diyat (blood money) exist in the Torah too. What these people are do-
ing is considered avoidance and that they bring their case to the Holy
Prophet صلى الله عليه وسلم for a decision as alleged is no more than a ruse to
find an excuse.
وَمَنْ لَّمْ يَحْكُمُ بِّ أَنْزَلَ اللّهُ فَأُولَتِكَ مُمُ الظَّلِمُونَ :At the end of the verse it was said
(And whoever does not judge by what Allah has sent down, then, they
are the unjust.) It means that people who do not take the injunctions
of Allah binding and who do not decide matters in accordance with
them, are dissenters to the Divine commandment, its rejectors and
rebels. They are unjust. The third verse (46) begins with the mention
of the coming of Sayyidna 'Isa WI ute who was sent to confirm the pre-
vious Scripture, that is, the Torah. Mentioned after that is the Injil
because that too, like the Torah, is guidance and light.
In the fourth verse (47) it was said that the people of the Injil

181
Surah Al-Ma'idah : 5 : 44 - 50
should enforce injunctions in accordance with the Law revealed by Al-
mighty Allah in the Injil, and those who enforce what is against the in-
junctions sent down by Almighty Allah are disobedient, sinners.
The Qur'an: Custodian of Torah and Injil
In the fifth (48) and the sixth (49) verse, the address is to the Holy
Prophet صلى الله عليه وسلم saying that to him Allah has revealed the Qur'an
which confirms the Torah and Injil, Books previous to it, and is their
custodian as well. This is because, after the people of the Torah al-
tered the Torah and the people of Injil made changes in the Injil, it was
the Qur'an alone which turned out tob the kind of overseer and protec-
tor which exposed the alterations made by them, lit up truth and reali-
ty in their proper perspective. Even today, the true teachings of the
Torah and Injil still survive through the Qur'an while those who inher-
ited them and those who claim to follow them have disfigured them to
the extent that it has become impossible to distinguish truth from un-
truth. Towards the end of the verse, the Holy Prophet & has been giv-
en the same instruction as was given to the people of the Torah and
the people of the Injil, that is, all orders and judgements given by him
should be according to injunctions revealed by Allah, and that he
should see through the ploy of these people who intend to have him de-
cide matters according to their wishes and take his guard against their
evil plans. There was a particular reason for saying what was said.
Some Jewish religious scholars came to the Holy Prophet . They
told him that they were religious leaders among the Jews. If they be-
came Muslims, the rest of them would become Muslims too. But, there
was a condition to it. They said that they had a legal dispute with his
people. They would bring that case to him. If, in this case, he were to
decide in their favour, they would embrace Islam. Thereupon, Al-
mighty Allah gave him the word of caution that he should never decide
against considerations of equity and justice and the Law revealed by
Allah because of the offer to become Muslims made by these people - a
proposition which was not for him to worry about.
The Wisdom behind Partial Difference in
Shari'ahs of Prophets
Besides other elements of guidance, this verse carries an answer to
a basic question of principle. The question is: When all prophets have

182
Surah Al-Ma'idah : 5 : 44 - 50
been sent by Allah, and all Books and Shari'ahs come from Him, why
do they differ and why do a coming Book and Shari'ah abrogate the
outgoing Shari'ah and Book? The answer has been given in this verse,
alongwith its wisdom:
◌ِكُلِّ جَعَلْنَا مِنْكُمُ شِرْعَةً وَمِنْهَاجًا وَلَوْشَاءَ اللَّهُ لَعَلَكُمْ أُمَّةً وَّاحِدَةً وَلكِنُ
لِيَبْلُّوَكُمْ فِيْمَاَ اتُكُمْ فَاسْتَبِقُوا الْخَّرَتِ
For each of you, We have made a way and a method. And had
Allah willed, He would have made a single community of peo-
ple, but (He did not), so that He may test you in what He has
given to you. Strive, then, to excel each other in good deeds.
To explain this in other words, it can be said that Allah has made
for every section among human beings a particular Shari'ah and par-
ticular method of doing things in which, despite common principles,
there are expedient differences in subsidiary injunctions. Had Allah
so willed, it would have not been at all difficult for Him to make all hu-
man beings one community with only one Book and one Shari'ah for
everyone. But, Allah Almighty did not prefer to do so for He intended
to test people. He wanted to see who gets to know the reality of
'Ibadah (worship) and stays alert to receive and respond positively to
whatever command comes for them. It may be a new Book or a new
Shari'ah. They will be ready to accept and follow that, no matter how
dear the previous Shari'ah and Book may be to them and no matter
how hard its abandoning may be on them because of its grip on them
as their ancestral religion. But, such people with their awakened
sense of belonging to their ultimate master, always stay tuned to the
next Divine call, and always ready to obey. At the other end of this
trial shall obviously be those who fail to see this essential reality of
obedience, who take to a particular Shari'ah and Book as closed objec-
tives of life giving it the uncompromising status of ancestral religion
as a result of which they choose not to pay any attention to any Divine
command.
Great wisdom lies in this difference among Shari'ahs. This is the
channel through which every section of the human community of any
time is taught the reality behind genuine 'Ibadah (worship) and the re-
ality behind human servitude to God. The message given is that the

183
Surah Al-Ma'idah : 5 : 44 - 50
reality of 'Ibadah (acts of worship) lies in being an 'Abd, a servant, and
in obeying and following - which does not depend on Salah, Sawm, Hajj,
Zakah or Dhikr of Allah or Tilawah of the Qur'an - nor are these acts of
worship an end by themselves. Instead of that, they all have one sin-
gle purpose behind them: Obedience to the Command of Allah. This is
the reason why times during which Salah is prohibited, offering Salah
at those times does not bring any reward. On the contrary, it becomes
a source of sin. During the days of the two 'Ids, the 'Idul-Fitr and the
‘Īdul-Adha, when fasting is forbidden, it becomes a sin to fast at that
time. Other than the ninth of the month of Dhil-Hijjah, gathering in
the plain of 'Arafat on any day or month to pray and worship is no re-
ward-worthy act while on the ninth of Dhil-Hijjah, this is the greatest
'Ibadah on the plain of 'Arafat. The same rule applies to all other acts
of worship. Done when asked to do, they are 'Ibadah. But, when they
are stopped at a certain limit, they too become Haram, unlawful and
impermissible. Ignorant people are usually not aware of this reality.
'Ibadat which become their habit, rather, national customs which they
get used to as if they were 'Ibadat, then, they would ignore even open
commands from Allah and His Messenger. This is from where sprout
the seeds of innovations and deviations (Bid'at and Mu haddathat) in
established religion which, with the passage of time, become attached
to it as if they were a part of it while they are not. This has been the
major cause of alterations in past Shari'ahs and Books. By sending
different Books and Shari'ahs to different prophets, Allah Jalla
Sha'nuhu has taught human beings the lesson that they should not
take one mode of action or one mode of worship as their primary objec-
tive. They should, instead, become obedient servants of Allah in its
most desirable sense on the strength of which they should be able to
instantly leave what they were doing earlier, as and when asked to do
so. And, conversely, they should immediately be ready to do whatever
they are asked to do.
Other than this, yet another wisdom behind this difference in Sha-
ri'ahs is that since tempers and tastes of human beings from every pe-
riod and section of the world are different, the variation in the time
frame affects human disposition considerably. If subsidiary injunc-
tions were to be made identical for everyone, human beings would be
in deep trouble. Therefore, it was the dictate of Divine wisdom that

184
Surah Al-Ma'idah : 5 : 44 - 50
appropriate change be made in subsidiary injunctions with due consid-
eration of the response patterns of the people of different tastes and
times. Here, the religious terminology of Abrogator (Nasikh) and Ab-
rogated (Mansukh) does not mean that the Law Giver did not know
conditions before and gave one law - and when new circumstances pre-
vailed it was abrogated - or the earlier law was promulgated by mis-
take or lack of attention but was changed on later recollection. This is
not the way it is. The Nasikh and Mansukh are just like the prescrip-
tion of a doctor or physician where a change in medicines appears
gradually since the doctor or physician knows in advance that a cer-
tain symptom will show up in the patient after he or she has used the
initially prescribed medicine for three days which then will be the time
to prescribe a certain other medicine. So, when he cancels his earlier
prescription and replaces it with a new one, it will not be correct to say
that the previous prescription was wrong and for that reason it was
cancelled. Instead, the truth of the matter is that this very prescrip-
tion was correct and necessary for use during the initial days of sick-
ness - and under later conditions, the same second prescription is cor-
rect and necessary.
A Summary of Subsidiary Injunctions
1. We know from the initial verses that the case brought to the
Holy Prophet صلى الله عليه وسلم by the Jews was decided by him. The deci-
sion was in accord with the Shari'ah of the Torah. This proves that the
religious injunctions in force in the previous Shari'ahs remain in force
until abrogated by the Holy Qur'an or Divine Revelation as it was in
the cases of the Jews where the injunction concerning equality in Qi-
șaș (Law of Retaliation) and stoning to death (Rajm) in punishment of
adultery (Zina) was there in the Torah as well. Then, the Qur'an too
retained it as it was.
2. Similarly, in the second verse (45), the injunction of Qisas about
the Retaliation for Wounds which has been mentioned with reference
to the Torah was enforced in Islam by the Holy Prophet . On this
basis, the rule of procedure with the majority of the 'Ulama of Islam is
that injunctions of previous Shari'ahs which have not been abrogated
by the Qur'an are valid, enforcable and obedience-worthy in our Sha-
ri'ah too. That is why, in the cited verses, the people of the Torah have