Alhassanain(p) Network for Heritage and Islamic Thought

Section 6: Penal Regulations against Offenders

To seek means to approach Allah -To strive in the way of Allah - Hypocrisy of the Jews.

Surah Al-Ma'idah, Verse 35

يَا أَيُّهَا الَّذِينَ آمَنُواْ اتَّقُواْ اللّهَ وَابْتَغُواْ إِلَيهِ الْوَسِيلَةَ وَجَاهِدُواْ فِي سَبِيلِهِ لَعَلَّكُمْ تُفْلِحُونَ

35. "O' you who have Faith! Be in awe of Allah, and seek the means (of nearness) to Him; and strive hard in His way, that you may be prosperous."

Imam Amir-ul-mu'mineen Ali (as) has said that the best means by which seekers of nearness to Allah, seek nearness, is the faith in Allah and His Messenger, striving in His way, (to believe) in the expression of Divine purification, the establishment of performance of Hajj (pilgrimage) of the House (i.e. Ka'bah) and' Umrah ' (lesser pilgrimage), regard for kinsfolk, almsgiving secretly and openly, and extending benefits (to people).1

Therefore, in order to reach felicity, we must both stop committing sins and perform kinds of worship.

In the meantime, doing goodness are wholly the means toward felicity, if we ourselves do not waste them through our own sins.

However, Ahlul-Bayt (as) are the very firm cord and means of nearness to Allah (s.w.t.).

In Islamic literature, narrated from the Immaculate ones (as), the term /wasilah/ (means), mentioned in this verse, has been rendered into Imam (as) (At-Tafsir-u-Safi). In this regard, it is also cited in some traditions: "They are the firm cord and the means to Allah (s.w.t)." (At- Tafsir-u-Safi)

Supplication is a subject about which there has been cited in the books of many Sunnite scholars, such as: Sawa'iq, by Ibn- Hajar; Sunan-i-Bihaqi; Sahih-i-Darami; and also in Wafa'-ul-Wafa, vol. 3, p. 1371. Surah An-Nisa’', No.4, verse 64, Surah Yusuf, No.12, verse 97, and Surah At-Taubah, No.9, verse 114 can be taken as some authentic references for supplication, too.

Surah Al-Ma'idah, Verses 36 - 37

إِنَّ الَّذِينَ كَفَرُواْ لَوْ أَنَّ لَهُم مَّا فِي الأَرْضِ جَمِيعًا وَمِثْلَهُ مَعَهُ لِيَفْتَدُواْ بِهِ مِنْ عَذَابِ يَوْمِ الْقِيَامَةِ مَا تُقُبِّلَ مِنْهُمْ وَلَهُمْ عَذَابٌ أَلِيمٌ

يُرِيدُونَ أَن يَخْرُجُواْ مِنَ النَّارِ وَمَا هُم بِخَارِجِينَ مِنْهَا وَلَهُمْ عَذَابٌ مُّقِيمٌ

36. "Certainly those who disbelieve, if they had what is in the earth all together and the like of it with it, to ransom themselves with it from the punishment of the Day of Resurrection, it shall not be accepted from them, and for them there will be a painful chastisement."

37. "They would desire to get out from the Fire but they shall not get out of it, and for them there is a permanent chastisement."

To pursue the subject matter of the previous verse in which the believers are enjoined upon piety, holy struggle, and preparing the means, this verse, as the statement of reason for that commandment, points to the fate of unbelieving and filthy persons when it says:

"Certainly those who disbelieve, if they had what is in the earth all together and the like of it with it, to ransom themselves with it from the punishment of the Day of Resurrection, it shall not be accepted from them, and for them there will be a painful chastisement."

The only possible way to delivery is through Faith, piety, struggle, and good deeds.

Then, in the second verse (verse 37), the perpetuity of this retribution is referred to. It says:

"They would desire to get out from the Fire but they shall not get out of it, and for them there is a permanent chastisement."

However, in the Hereafter, all the ways of deliverance are shut to the unbelievers. They enjoy neither the grace of Allah, since it is specific to the pious ones, nor the intercession, because it relates only to those with whom Allah is pleased. There is no death therein for the disbelievers. They are permanently alive in the Fire of Hell, and their request for death is not accepted.

The person who does not come out from darkness of ignorance and , infidelity in this world, where he has so many clear reasoning and guidance, will not come out of Hell in the Hereafter.

Surah Al-Ma'idah, Verse 38

وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُواْ أَيْدِيَهُمَا جَزَاء بِمَا كَسَبَا نَكَالاً مِّنَ اللّهِ وَاللّهُ عَزِيزٌ حَكِيمٌ

38. "As for the thief, both male and female, cut off their hands as a recompense for what they have earned. It is an exemplary punishment from Allah; and Allah is the Mighty, the Wise."

In this verse, at first, the Qur'an refers to the male thief and then to the female thief. But in Surah An-Nur, verse 2, where the ordinance of fornication has been stated, at first, the Qur'an refers to the 'adulteress' and then to the 'adulterer'.

The reason of it may be the fact that the function of man in theft is more effective than that of a woman, and in fornication the function of the woman is more effective.

"As for the thief, both male and female, cut off their hands as a recompense for what they have earned. It is an exemplary punishment from Allah; and Allah is the Mighty, the Wise."

About one thousand years ago, it happened that the Late Sayyid Murtada 'Alam-ul-Huda, a well-known Muslim scholar, once was asked why the hand, which deserves five hundred 'mithghal' (a weight equivalent to 5 grams) gold as 'compensation for an injury', should be cut off because of the theft of one fourth 'mithghal' gold.

He answered: "Trustworthiness promotes the value of the hand, and treachery decreases its value."

According to some Islamic traditions, the standard of cutting off the hand, for this compensation, is four fingers, so that the thumb and palm should be left safe. The amount of finance for which the hand of a thief must be cut off is at least equivalent to the price of one fourth mithghal gold.

That wealth should have been kept in a protected place, not in a common place like an inn, a public bath, a mosque and the like. The wealth ought to be given back to its owner, too, after the execution of the legal decision. Also, the thief should be aware of the law of cutting off the hand.

Otherwise, his/her hand will not be cut off. Again, the hand of a thief will not be cut off if the thief steals the wealth of his/her partner, or steals some food stuff under necessity in the years of scarcity, and the like.

Similarly, the hand of a thief will not be cut off when the theft is done by a father from his child's property, a slave from his master's wealth, a mad and a person not arrived at puberty, or the one who had thought he had the right of taking the property. There are, of course, some other retribution in all these conditions wherein the hand will not be cut off.

The holy Prophet (S) in a tradition said that the worst kind of larceny is stealing from prayer and performing its bowing and prostration imperfect.2 In the statements of some Islamic saints, it has also been protested why it happens that some Muslims commit larceny in the holy phrase: /bismillah.-ir-rahman-ir-rahim/ when they recite Surah Al-Hamd.

Cutting off the hand is for the first stage of theft. For the second time, the left leg will be cut off. For the third time, the retribution is life imprisonment, and annihilation is for the fourth time.3

Explanations

1. To cut off the hand is the only heavy withholding compensation and retribution of theft.

2. In executing Allah's bounds, we must not be affected by sympathy and kind feelings.

3. Besides cutting off the hand, the thief is responsible for the property, too.

4. The execution of these ordinances needs: rule, force, system, and organizations. Thus, Islam is a religion of government and policy.

5. Poverty is not all excuse or permission for larceny. Islam, before cutting off the hand, emphasizes on the importance and necessity of job and running the lives of the poor by the way of Muslim public treasury, near relatives, loan without interest, cooperation, and the like.4

6. The Divine retributions are not counted as revenge, but they are to be as withholding.

Surah Al-Ma'idah, Verse 39

فَمَن تَابَ مِن بَعْدِ ظُلْمِهِ وَأَصْلَحَ فَإِنَّ اللّهَ يَتُوبُ عَلَيْهِ إِنَّ اللّهَ غَفُورٌ رَّحِيمٌ

39. "But whoever repents after his inequity and makes amend (his evil deeds), then surely Allah turns to him (mercifully), verily Allah is Forgiving, Merciful."

In Islam, punishments are set beside guidance, godly training, and invitation. Through previous verse, the retribution of a thief was stated. Here, in this verse, there exists the invitation to repentance unto Allah, forgiving, and the improvement of one's own vices, which causes that Allah returns His grace and mercy to the servant.

For the wrong-doers the gate of returning and improvement is always open. This gate is the very repentance. It should also be regarded that repentance is not only an inner regret, but it must be accompanied with the amends of the past corruptions.

If a thief repents (before being captured and being sent to the court) and gives back the property, he will be forgiven both in the world and the Hereafter. But, when it is after that he is captured, the religious punishment will be fulfilled and the function of repentance is only for the Hereafter.

The verse says:

"But whoever repents after his inequity and makes amend (his evil deeds), then surely Allah turns to him (mercifully), verily Allah is Forgiving, Merciful."

Surah Al-Ma'idah, Verse 40

أَلَمْ تَعْلَمْ أَنَّ اللّهَ لَهُ مُلْكُ السَّمَاوَاتِ وَالأَرْضِ يُعَذِّبُ مَن يَشَاء وَيَغْفِرُ لِمَن يَشَاء وَاللّهُ عَلَى كُلِّ شَيْءٍ قَدِيرٌ

40. "Do you not know that to Allah belongs the Dominion of the heavens and the earth? He punishes whom He pleases and forgives whom He pleases, and verily Allah is All-Powerful over all things."

Allah is not in need of the repentance of servants, because all the existence belongs to Him. So, the sinners and the corrupters should know that there is no way for them to flee, and they ought to return to Allah.

"Do you not know that to Allah belongs the Dominion of the heavens and the earth? He punishes whom He pleases and forgives whom He pleases, and verily Allah is All-Powerful over all things."

Surah Al-Ma'idah, Verse 41

يَا أَيُّهَا الرَّسُولُ لاَ يَحْزُنكَ الَّذِينَ يُسَارِعُونَ فِي الْكُفْرِ مِنَ الَّذِينَ قَالُواْ آمَنَّا بِأَفْوَاهِهِمْ وَلَمْ تُؤْمِن قُلُوبُهُمْ وَمِنَ الَّذِينَ هِادُواْ سَمَّاعُونَ لِلْكَذِبِ سَمَّاعُونَ لِقَوْمٍ آخَرِينَ لَمْ يَأْتُوكَ يُحَرِّفُونَ الْكَلِمَ مِن بَعْدِ مَوَاضِعِهِ يَقُولُونَ إِنْ أُوتِيتُمْ هَـذَا فَخُذُوهُ وَإِن لَّمْ تُؤْتَوْهُ فَاحْذَرُواْ وَمَن يُرِدِ اللّهُ فِتْنَتَهُ فَلَن تَمْلِكَ لَهُ مِنَ اللّهِ شَيْئًا أُوْلَـئِكَ الَّذِينَ لَمْ يُرِدِ اللّهُ أَن يُطَهِّرَ قُلُوبَهُمْ لَهُمْ فِي الدُّنْيَا خِزْيٌ وَلَهُمْ فِي الآخِرَةِ عَذَابٌ عَظِيمٌ

41. "O' Messenger! Let not those who hasten in infidelity grieve you, from among those who (hypocritically) say with their mouths: 'We believe', but their hearts do not believe, and from among those of the Jews who listen for (the sake of) lying, listen (with a spy manner) for other people who have not come to you. They distort the (heavenly) words from their places, saying: 'If you are given this, take it, and if you are not given this, beware! (be aloof) '; and whomever Allah desires to punish, you cannot avail him anything with Allah. Those are they whose hearts Allah does not desire to purify; there is a degradation for them in the world, and in the Hereafter, they will have a grievous chastisement."

Prophets Are Sympathetic unto the Misguided

The hypocrites and the Jews pursue the same goal. Their goal is the perversion of religion (Islam). Disbelievers have always some secret agents of influence and spies amongst Muslims. Therefore, religious preachers ought not to consider all their audience as well-intentioned listeners.

In the meantime, the hypocrites not only have the worldly misfortunes (including: to hear lies, to spy, to pervert the facts, to claim faith for benefits), but also the great punishment of the Hereafter waits for them.

However, we must submit to the Truth and commandments of Allah entirely; and do not accept only the religious legislations that correspond to our desires.

The verse says:

"O' Messenger! Let not those who hasten in infidelity grieve you, from among those who (hypocritically) say with their mouths: 'We believe', but their hearts do not believe, and from among those of the Jews who listen for (the sake of) lying, listen (with a spy manner) for other people who have not come to you. They distort the (heavenly) words from their places, saying: 'If you are given this, take it, and if you are not given this, beware! (be aloof) '; and whomever Allah desires to punish, you cannot avail him anything with Allah. Those are they whose hearts Allah does not desire to purify; there is a degradation for them in the world, and in the Hereafter, they will have a grievous chastisement."

Surah Al-Ma'idah, Verse 42

سَمَّاعُونَ لِلْكَذِبِ أَكَّالُونَ لِلسُّحْتِ فَإِن جَآؤُوكَ فَاحْكُم بَيْنَهُم أَوْ أَعْرِضْ عَنْهُمْ وَإِن تُعْرِضْ عَنْهُمْ فَلَن يَضُرُّوكَ شَيْئًا وَإِنْ حَكَمْتَ فَاحْكُم بَيْنَهُمْ بِالْقِسْطِ إِنَّ اللّهَ يُحِبُّ الْمُقْسِطِينَ

42. "(They are) listeners to (any) lie, and devour the unlawful; therefore, if they come to you, judge between them or turn away from them; and if you turn away from them, they will harm you nothing; and if you judge, judge between them with equity; verily Allah loves the just."

Some of the Jews, who had committed adultery, came to the Prophet (S) to judge. They hoped to escape from the retribution of stoning, which exists in the religion of the Jews,5 while the Islamic law for the adulterer is stoning, too. When they saw that the ordinance of Islam was the same as it was in their own religion, they did not accept it.

The Arabic term /suht/, used in this verse, according to the Islamic traditions, means: 'bribery and the gifts given for the fulfilment of an affair. It also means: 'destruction' or 'the thing which causes destruction'.

The verse says:

"(They are) listeners to (any) lie, and devour the unlawful; therefore, if they come to you, judge between them or turn away from them; and if you turn away from them, they will harm you nothing; and if you judge, judge between them with equity; verily Allah loves the just."

Surah Al-Ma'idah, Verse 43

وَكَيْفَ يُحَكِّمُونَكَ وَعِندَهُمُ التَّوْرَاةُ فِيهَا حُكْمُ اللّهِ ثُمَّ يَتَوَلَّوْنَ مِن بَعْدِ ذَلِكَ وَمَا أُوْلَـئِكَ بِالْمُؤْمِنِينَ

43. "And how do they (the Jews) make you a judge, while with them is the Torah, wherein is Allah's judgement? Yet they turn away after that, and those are not believers."

Again, this verse follows the subject of the Jews seeking judgement from the Prophet (S), which was referred to in the previous verse. It surprisingly says:

"And how do they (the Jews) make you a judge, while with them is the Torah, where in Allah's judgement? ..."

It should be noted that the aforementioned decree (i.e. the decree of stoning the man and the woman who have committed adultery) is found in the present Torah, Deuteronoms, Chapter 22, No 21-26.

The verse continues saying:

"...Yet they turn away after that, and those are not believers."

Notes

1. Nahjul-Balagha, Sermon 110

2. Bihar-ul-'Anwar, vol. 84, p. 257; & Musnad-Ahmad-ibn-Hanbal, vol. 3, p. 56

3. Majma'-ul-Bayan, vol. 3, p.192

4. Fi-Zalal-il-Qur'an, vol. 2, p. 716

5. The Torah, Deuteronomy, Chapter 22, No.21-26

Section 7: Relation of the Quran to the previous heavenly Books

Evidence from Torah - The Evangel and its evidence - The Qur'an's confirming the previous heavenly books - Now the Qur'an to be followed.

Surah Al-Ma'idah, Verse 44

إِنَّا أَنزَلْنَا التَّوْرَاةَ فِيهَا هُدًى وَنُورٌ يَحْكُمُ بِهَا النَّبِيُّونَ الَّذِينَ أَسْلَمُواْ لِلَّذِينَ هَادُواْ وَالرَّبَّانِيُّونَ وَالأَحْبَارُ بِمَا اسْتُحْفِظُواْ مِن كِتَابِ اللّهِ وَكَانُواْ عَلَيْهِ شُهَدَاء فَلاَ تَخْشَوُاْ النَّاسَ وَاخْشَوْنِ وَلاَ تَشْتَرُواْ بِآيَاتِي ثَمَنًا قَلِيلاً وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الْكَافِرُونَ

44. "Verily We have sent down the Torah, wherein is guidance and light, by which the prophets, who submitted themselves (to Us), judged for those who were Jews, and (so did) the rabbis and the scholars (of divinity of the Jews) in accordance with what they were entrusted with the Book of Allah, and they were witnesses thereof. Therefore, do not dread the people, and dread (opposing) Me; and do not sell My Signs for a little price. And whoever does not judge by what Allah has sent down; those are they that are the infidels."

Separate from confessing upon the falsification of the Torah and the Bible, the originality of the heavenly Books should be admired and glorified.

It is true that the Torah was revealed to Moses (as) and the Evangel was revealed to Jesus (as), yet they have been accepted by all the prophets and the saints after them. They wholly practiced according to the ordinances of those Books.

Thus, prophets have no commandment from their ownselves, save that they are surrended to the commandment of Allah. Then, when the prophets are surrended to the commandment of Allah, why should we not?

Islam is the religion of all. The prophets of the Israelites have been qualified with 'submission' not with Judaism and Christianity.

And, in general, the scholars of every nation are responsible for the execution of the commandments of the Lord among people. Therefore, guardianship of the jurisconsult has evidences in all religions.

"... by which the prophets who submitted themselves (to Us) judged ..."

Explanation

The Qur'anic word /rabbani/ is derived from /rabban/ which means: 'trainer'. As some other philologists have rendered, the person qualified with /rabbani/ is someone who has adjoined 'the Lord of the worlds' and does not rest with other than Him. Such a person has become godly and has assumed the responsibility of people.

The Arabic term /hibr/ means: 'the effect of a good action', since scholars are the source of benevolence in the society, they are called /hibr/ the plural of which is /ahbar/.

"Verily We have sent down the Torah, wherein is guidance and light, by which the prophets, who submitted themselves (to Us), judged for those who were Jews, and (so did) the rabbis and the scholars (of divinity of the Jews) in accordance with what they were entrusted with the Book of Allah, and they were witnesses thereof Therefore, do not dread the people, and dread (opposing) Me; and do not sell My Signs for a little price. And whoever does not judge by what Allah has sent down; those are they that are the infidels."

It is narrated from Imam Ali (as) who has said: "I am the trainer of this community". Imam Sadiq (as) also said: "Rabbaniun are the very Imams from Ahlul-Bayt."

Surah Al-Ma'idah, Verse 45

وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالأَنفَ بِالأَنفِ وَالأُذُنَ بِالأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ وَمَن لَّمْ يَحْكُم بِمَا أنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الظَّالِمُونَ

45. "And We prescribed for them in it that: a life is for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds (there shall be) retaliation. But whoever remits it, it shall be an expiation (of his sins) for him; and whoever does not judge by what Allah has sent down, those are they that are the unjust."

Retaliation and Remittal

This verse explains another part of the ordinances concerning crimes and the bounds of Allah in the Torah. It denotes that Allah has assigned the law of retaliation in the Torah so that if a person intentionally murders an innocent one, the owners of blood can retaliate instead and execute the murderer.

"And We prescribed for them in it that: a life is for a life....."

If a person injures another one's eye and destroys it, the injured can also destroy the person's eye:

"...an eye or an eye ..."

He is also permitted to cut his nose instead of his own nose:

"....a nose or a nose ..."

Instead of cutting an ear, the one can cut one ear of his:

"...an ear or an ear ..."

And, if a person breaks the tooth of another person, he can break the criminal's tooth, too. It says:

"…a tooth for a tooth…"

In general, every person who injures or wounds another person, it can be retaliated:

"…and for wounds (there shall be) retaliation. ..."

Therefore, the ordinance of retaliation should be done justly and without considering any difference from the point of race, social level, tribe, and personality.

But, in order that nobody imagines that Allah has decreed the law of retaliation as a compulsory rigid duty, immediately next to this ordinance, it adds:

"….But whoever remits it, it shall be an expiation (of his sins) for him…"

That is, as much as he has remitted in that regard, Allah will remit out of his sins for him.

And, at the end of the verse, it says:

".... and whoever does not judge by what Allah has sent down, those are they that are the unjust."

What an unjust is greater than that we be entangled with some false affections and feelings, and dispense with the murderer absolutely by the excuse that a blood should not be washed out by a blood!

Surah Al-Ma'idah, Verse 46

وَقَفَّيْنَا عَلَى آثَارِهِم بِعَيسَى ابْنِ مَرْيَمَ مُصَدِّقًا لِّمَا بَيْنَ يَدَيْهِ مِنَ التَّوْرَاةِ وَآتَيْنَاهُ الإِنجِيلَ فِيهِ هُدًى وَنُورٌ وَمُصَدِّقًا لِّمَا بَيْنَ يَدَيْهِ مِنَ التَّوْرَاةِ وَهُدًى وَمَوْعِظَةً لِّلْمُتَّقِينَ

46. "And following them We sent Jesus, son of Mary, confirming that which was before him of the Torah , and We gave him the Evangel in which was guidance and light, and confirming what was before it of the Torah, and a guidance and an admonition for the pious ones. "

Following the verses concerning the Torah, this verse refers to the condition of the Evangel. It denotes that next to the former prophets, Allah sent Jesus. He (as) confessed the rightfulness and legitimacy of the Torah. The signs of Jesus (as) were completely adapted to those which were given in the Torah. It says:

"And following them We sent Jesus, son of Mary, confirming that which was before him of the Torah...."

Then, it adds:

"... and We gave him the Evangel in which was guidance and light...."

The acceptance of these two Books as 'light' by the Qur'an, is an indication to the original Torah and the original Evangel.

The verse emphasizes once more on this fact that not only Jesus, the son of Mary, confirmed the Torah, but also the Evangel, the heavenly Books, is a confirmation to the Torah. It says:

"...and confirming what was before it of the Torah....."

Then, the holy Qur'an concludes the verse thus:

"...and guidance and an admonition for the pious ones"

Surah Al-Ma'idah, Verse 47

وَلْيَحْكُمْ أَهْلُ الإِنجِيلِ بِمَا أَنزَلَ اللّهُ فِيهِ وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الْفَاسِقُونَ

47. "So the people of the Evangel should judge by what Allah has sent down in it, and those who do not judge by what Allah has sent down, those are they that are the evil-doers."

Those Who Do not Judge on the Divine Law

After referring to the revelation of Evangel in the former verses, in this verse the Qur'an says:

"So the people of the Evangel should judge by what Allah has sent down in it...."

The objective meaning of this statement is that: after the revelation of Evangel to Jesus (as), Allah ordered the followers of it to act accordingly and judge by what He had sent down in it.

Then, at the end of the verse, it emphasizes again and says:

"... and those who do not judge by what Allah has sent down, those are they that are the evil-doers."

Surah Al-Ma'idah, Verse 48

وَأَنزَلْنَا إِلَيْكَ الْكِتَابَ بِالْحَقِّ مُصَدِّقًا لِّمَا بَيْنَ يَدَيْهِ مِنَ الْكِتَابِ وَمُهَيْمِنًا عَلَيْهِ فَاحْكُم بَيْنَهُم بِمَا أَنزَلَ اللّهُ وَلاَ تَتَّبِعْ أَهْوَاءهُمْ عَمَّا جَاءكَ مِنَ الْحَقِّ لِكُلٍّ جَعَلْنَا مِنكُمْ شِرْعَةً وَمِنْهَاجًا وَلَوْ شَاء اللّهُ لَجَعَلَكُمْ أُمَّةً وَاحِدَةً وَلَـكِن لِّيَبْلُوَكُمْ فِي مَا آتَاكُم فَاسْتَبِقُوا الخَيْرَاتِ إِلَى الله مَرْجِعُكُمْ جَمِيعًا فَيُنَبِّئُكُم بِمَا كُنتُمْ فِيهِ تَخْتَلِفُونَ

48. "And We have sent down unto you the Book with the truth, confirming that which was before it of the Book and as a guardian over it. Therefore judge between them by what Allah has sent down and do not follow their vain desires against the truth that has come to you; for every one of you We appointed a law and a (clear) way. And if Allah had pleased, He would have made you (all) a single community, but He might try you in what He has given you. Therefore strive you excelling one another in virtuous deeds; unto Allah is the return of you all, and then He shall inform you of that in which you used to differ."

After pointing to the Books of the former prophets, there is an indication in this verse to the situation of the Qur'an, the signs of which adapt to what has been recorded in the former heavenly Books. At first, it says:

"And We have sent down unto you the Book with the truth, confirming that which was before it of the Book and as a guardian over it. ..."

Fundamentally, all the heavenly Books are paralleled in principles, and their pursue is the same goal, i.e. training and improving the human race.

Then it commands that since it is such,

"...Therefore judge between them by what Allah has sent down...."

Next to that, it adds not to follow those who intend to adapt the Divine ordinances to their own desires. It says:

"...and do not follow their, vain desires against the truth that has come to you…"

To complete this discussion, it says:

"...for every one of you We appointed a law and a (clear) way...."

Then, it continues saying about the power of Allah (s.w.t.) and that He might try you in order that your different talents be trained. The holy verse says:

"... And if Allah had pleased, He would have made you (all) a single community, but He might try you in what He has given you. ..."

Finally, the Qur'an addresses all the nations and races and invites them all that instead of spending their powers and capacities in conflicts and discords, they should pay to doing good. It says:

"...Therefore strive you excelling one another in virtuous deeds....."

Then, it points to the reason of that righteous work, and says:

"... unto Allah is the return of you all, and then He shall inform you of that in which you used to differ."

Explanation

The Arabic term /Sir'ah/ means: 'law, a way which leads to water'; and the meaning of the term /minhaj/ is: 'a clear way'. Ibn-Abbas has said that: /Sir'ah/ means: 'the ordinances that have come in the Qur'an, but /minhaj/ is that which has come in the practice of the Prophet (S). (Mufradat Raqib)

Surah Al-Ma'idah, Verse 49

وَأَنِ احْكُم بَيْنَهُم بِمَا أَنزَلَ اللّهُ وَلاَ تَتَّبِعْ أَهْوَاءهُمْ وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَا أَنزَلَ اللّهُ إِلَيْكَ فَإِن تَوَلَّوْاْ فَاعْلَمْ أَنَّمَا يُرِيدُ اللّهُ أَن يُصِيبَهُم بِبَعْضِ ذُنُوبِهِمْ وَإِنَّ كَثِيراً مِّنَ النَّاسِ لَفَاسِقُونَ

49. "So judge between them by what Allah has sent down, and do not follow their vain desires, and beware of them lest they beguile you from part of what Allah has sent down to you. But if they turn back, then know that Allah desires to afflict them for some of their sins, and surely, many of the people are evil-doers."

Occasion of Revelation

It has been narrated from Ibn-Abbas that a group of the great men of the Jews once plotted and decided to go to the Prophet Muhammad (S) with the hope that they might be able to change him from his creed.

With this planning they came to the Prophet (S) and said: "We are the wealthy and the learned men of the Jews. If we follow you, other Jewish people also will imitate us. But, there is a conflict between us and another group (about a murder or something else).

If you judge in this conflict for our benefit, we will believe in you." The Prophet (S) refrained from such a judgement (which was not just), and the above verse was revealed.

In this verse, Allah emphasizes again on the judgement of His Messenger and says:

"So judge between them by what Allah has sent down, and do not follow their vain desires....."

Then, He warns the Prophet (S) about their plot by saying:

"...and beware of them lest they beguile you from part of what Allah has sent down to you….."

Then, the statement continues saying:

"... But if they turn back, then know that Allah desires to afflict them for some of their sins....."

(Finally, at the end of the verse, it implies that if they persist so much on the falsehood, he must not be worried, because:

"...and surely, many of the people are evil-doers."

Surah Al-Ma'idah, Verse 50

أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللّهِ حُكْمًا لِّقَوْمٍ يُوقِنُونَ

50. "Is it then the judgement of (the era of) ignorance that they are seeking? And who is better than Allah in judgement for a people of assured faith?"

The best law is the one whose legislator is qualified with the following conditions:

1. To be aware of all the secrets of the world of existence and those of man, both for the present and future.

2. The Legislator should have no aim of gaining profits.

3. He should not have any fault of any kind, whether intentional or unintentional.

4. He might not be afraid of any power.

These conditions are gathered in Allah. And, who is better than Allah to judge?

That is why those who, having the Divine laws available for them, refer to the laws made by human beings pave the path of paganism and infidelity.

Therefore, any law of man, which contrasts the law of Allah, is considered as the law of pagans. The reason is that these laws of man have been legislated on the basis of vain desires, fears, avarices, ignorance, mistakes, and imaginations.

We must also know that ignorance does not belong to only a period. Whenever people separate from the law of Allah, that time is the period of ignorance.

May Allah protect us all from aberration.

"Is it then the judgement of (the era of) ignorance that they are seeking? And who is better than Allah in judgement for a people of assured faith?"