Surah Al-Ma’idah Ayah No. 44 – 45

Surah Al-Ma’idah Ayah # 44 – 45 (5:44 – 5:45)

A.   TRANSLATION

 

٤٤  إِنَّا أَنْزَلْنَا التَّوْرَاةَ فِيهَا هُدًى وَنُورٌ ۚ يَحْكُمُ بِهَا النَّبِيُّونَ الَّذِينَ أَسْلَمُوا لِلَّذِينَ هَادُوا وَالرَّبَّانِيُّونَ وَالْأَحْبَارُ بِمَا اسْتُحْفِظُوا مِنْ كِتَابِ اللَّهِ وَكَانُوا عَلَيْهِ شُهَدَاءَ ۚ فَلَا تَخْشَوُا النَّاسَ وَاخْشَوْنِ وَلَا تَشْتَرُوا بِآيَاتِي ثَمَنًا قَلِيلًا ۚ وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْكَافِرُونَ

[Quran 5:44] Indeed, WE Anzalna (أَنْزَلْنَا) the Toura’t (التَّوْرَاةَ)- In it is Hudan (هُدًى) and Noor (وَنُورٌ). Yahkumu (يَحْكُمُ) with it the Nabyyuna (النَّبِيُّونَ) – those who Aslamu (أَسْلَمُوا). For those who are Haadu (هَادُوا) and the Rabbyyuna (الرَّبَّانِيُّونَ) and the Ahbaar (الْأَحْبَارُ), with what they Astuhfizu (اسْتُحْفِظُوا) of Kutiba (كِتَابِ) of Allah and Kanu (وَكَانُوا) to it Shuhada’a (شُهَدَاءَ). Then, do not Takhsu’ (تَخْشَوُا) the people, and Akhsune (اخْشَوْنِ) and do not exchange with MY Ayaat (بِآيَاتِي) for a little price. And whoever does not Yahkum (يَحْكُمْ) with what Anzala (أَنْزَلَ) Allah, then those are the Kaafirun (الْكَافِرُونَ).

 

٤٥  وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالْأَنْفَ بِالْأَنْفِ وَالْأُذُنَ بِالْأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ ۚ فَمَنْ تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَهُ ۚ وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ

[Quran 5:45] And WE Kutibna (وَكَتَبْنَا) upon them in it- that the Nafs (النَّفْسَ) with the Nafs (بِالنَّفْسِ), and the A’aen (وَالْعَيْنَ) with the A’aen (بِالْعَيْنِ) and the A’naf (الْأَنْفَ) with the A’naf (بِالْأَنْفِ), and the Azna (الْأُذُنَ) with the Azna (بِالْأُذُنِ), and the Sanne (السِّنَّ) with the Sanne (بِالسِّنِّ), and the Jurooh (الْجُرُوحَ) Qas’aas’(قِصَاصٌ). Then whoever Tas’adaq (تَصَدَّقَ) with it, then it is Kaffaratun (كَفَّارَةٌ) for them. And whoever does not Yahkum(يَحْكُمْ) with what Anzala (أَنْزَلَ) Allah, then those are the Zwalimoon (الظَّالِمُونَ).

 

B.   THE CONCEPT:

 

In order to understand these ayahs, we have to keep in mind the context of earlier ayahs of Surah Ma’idah up to 5:43, which addressed us as the Rasool- means addressed each and every one of us, who takes it upon ourselves to be responsible to protect, understand, implement and spread out to others the Risalat of Allah and carry out these duties and responsibilities. Our duties as the Rasool, is to make clear Allah’s Risalat to everyone as it is, try to explain Allah’s wisdom to everyone, try our best to lead them the way to follow the Ayaat of Allah (Yatlu) by being obedient followers ourselves, and try our best to teach others the knowledge (ilm) of the Kitaab which gives Hikmat, wisdom of Allah to everyone, and thereby, try our best to Yuzaki- cleanse, purify and grow them. From the earlier Ayahs of Surah Al-Maidah we have learned the divine guidance that As Rasool, we should not Yahzanka: There are three groups of people for whom we as the Rasool, should not Yahzanka- feel sadness, grief, sorrow or being worried about them as feeling helpless or sorrow. When one is the Rasool by carrying all the duties of the Rasool, it’s human nature, that in spite of all of our efforts, when we see others not coming to the Hidayah, we feel helpless, sadness, sorrow and grief, knowing what lies ahead for them. It’s for the Rasool, therefore, Allah is giving the divine guidance not to feel the sadness, sorrow, grief and helplessness- just focus on trying our best, and leave the results, whatever the consequences of their actions in the hands of Allah. Therefore, Allah gives us the divine instruction not to feel helplessness, sorrow or grieve for three categories of people.

 

Category no. 1: Those who Yusare’auna in the Kufar: those who hasten towards Kufar, with internalized conviction and energy. They have made their choice, and they will have to face the consequences sooner or later for their acts of Kufar- of not seeking knowledge, not using their intellectual faculties, ignoring, rejecting and denying Haqq, and Ayaat of Allah (both the Kalam and creations of Allah).

 

Category no. 2:  Those who Qaalu, ‘We Amanu’ with their Afwahim but their Qaloob do not Amanu: those whose Afwa may project they are at Aman, but in reality, their Quloob, do not- since had their Quloob would have Amanu, they would have been with us, as the Rasool as Momineen and we would not have to grieve or worry about them at all.

 

Category no. 3: Those who are Haadu, who Sa’amea’una to Kazebe; Sammaa’una to Quome Akhireen and not the Kalam: Those specific types of our religious scholars and leaders whose basic aim to Sama’ena – listen, observe with their full intellectual presence and focus to the Kalam of Allah is only to Kazebe- make fun, deny, reject, ridicule, what they Sama’ena and basically, they listen, observe with their complete intellectual presence and focus only, so that they could Quom- establish, support, contribute towards strengthening, Akhira- other than what came upon you- the Kalam. These Haadu after they Yasmauna- listened, observed, read, with complete intellectual presence and focus, they Yuharrifuna it- means distort, misinterpret, represented wrongly, bend or amend, twist or corrupt; deviate; falsify, misrepresent, misstate; twist; alter or change it, misconstrued in any manner whatso ever, because sooner one adds, amends, removes or alter a Haqq, it does not remain a Haqq anymore. These Ayahs are a great reflection of how the Haadu- our religious scholars and leaders, distort Allah’s kalam by taking phrases and ayahs out of their context, placement and meanings, and thus create entirely opposite meanings than the intended divine guidance. These religious scholars and preachers – their overall conducts and behavior is that if ‘whatever they have’- which is not the Kalam of Allah, is already known to people, they ask them to Khuzu it- seize it, grab it and hold on tight to it; but if not known to others, then they use it as a forewarning, caution, a warning sign, using fear and intimidation to gain people’s trust and following.

 

From the earlier Ayahs, we have also learned the divine instructions to us as the Rasool, as to how to deal with such people: if they Ja’aka us- present to us, carry out their conducts and behaviors towards us, as the Rasool of Allah, by them trying to bring their actions to fruition and results, then the divine guidance is either to do Hikm between them or A’araz them. Thus, we should exercise one of the two options as instructed by Allah when such people Ja’a- upon us,

 

Option #1- Ahkumu them: That is do Hikm between them, by keeping in mind the laws of the Deen and becoming lawmaker, judge, arbitrator, the maker/issuer of decree, ruling, verdict, wisdom, basically by implementing the Mohkimaat of Allah- the laws and regulations of Allah as mentioned in the Kalam of Allah, between them, in order to do Acts of Is’lah, aligned with the Mohkimaat. When we are doing Hikm, the divine instruction is only to do Qist- that is do Hikm- judge, decide, implement Allah’s Laws, and Mohkimaat by doing justice at its best in accordance with each and everyone’s unique situations and conditions. Even here, we cannot punish anyone for their behaviors and conduct, since Allah is not asking us to be Hikm in matters of Deen, we cannot judge on the basis of matters of Deen, but Hikm, between them in Qist, means that we need to decide matters with justice at its best, and in accordance with each and every person’s unique requirement, conditions and situations. OR

 

Option #2- A’araz upon them: dealing with those people, in terms of exposing them, explaining to them, becoming a covering or shield against their behaviors and conducts as well in coming out by spreading the Kalam of Allah, in front in a manner that it becomes a hindrance, shield and protection. If we choose to A’araz upon them, in terms of exposing them, explaining to them, becoming a covering and shield against their behaviors and conducts, coming out against them, by spreading, Allah’s Kalam in front as an hindrance, protection and shield as well as explaining the Kalam of Allah in detail thereby exposing the Haqq as is, would not only lead towards us doing our duties of the Rasool, to deliver with Balagha, in details but will also provide us a great protection and shield- since following this route would mean that such people will not be able to cause any intense harm, hurt or injury to us as the Rasool. We are also told to do Hikm as we have the Tourat- which helps us to do Hikm, to judge, to decide in matters of Deen, since the Tourah has all of Allah’s Mohkimaat- the laws and regulations of Allah.

 

Keeping in mind the context of the earlier Ayah, the next Ayah 5:44, continues the discussion to explain the Tourah in greater details as “Indeed, WE Anzalna (أَنْزَلْنَا) the Toura’t (التَّوْرَاةَ). In it is Hudan (هُدًى) and Noor (وَنُورٌ)…” Here as we know the basic meanings of the word Hudan is to make things clear and bright, to be ahead of others and to lead the way for others as in being visible and obvious. The word therefore has broad meanings of a guidance that leads the way, by being ahead of others- leading others and something that is obvious, clear and visible; a guidance, a map, an instruction manual that is clear, obvious, visible to lead to the desired destination which is to become a Muttaqi- the highest level of being a Muslim. The word Noor: is normally translated as light, but in Quran the word is used to describe Allah as Allah being the Noor of the skies and the earth. Noor is that light from Allah which is the basis of Allah’s Hidayah, through which Allah gives Hidayah to everyone and brings everyone out from the darkness of Kufar to the light of Hidaya. Thus here, when Allah says, “Indeed, WE Anzalna (أَنْزَلْنَا) the Toura’t (التَّوْرَاةَ). In it is Hudan (هُدًى) and Noor (وَنُورٌ)…” is describing the Toorat, as another characteristics of the Kitaab, the Hidaya, which is full of Allah’s Ahkimaat, but through the Tourat, the Kitaab, these Mohkimaat, Allah has made the Hidayah a Noor, and Allah gives Hidayah with Allah’s Noor, taking people out of darkness and confusion, to the light of Hidayah, making distinctly clear as being in the light, or at Aman- utter and deep conviction, in the state of Aman- safety, security and conviction that comes out of knowledge. The next phrase “…Yahkumu (يَحْكُمُ) with it the Nabyyuna (النَّبِيُّونَ) – those who Aslamu (أَسْلَمُوا)…”, means all of Allah’s Nabiyeen uses the Allah’s Mohkimaat- the Tourah, to Hikm- make judgements, decide the matters between mankind. The quality of the Nabiyeen who use Tourat, the Mohkimaat of the Kitaab, to do Hikm with it, is that have Aslam. Being Aslam means submitting, being obedient of and in alignment with Deen-e-Islam, in complete submission and obedience to laws of Allah by turning once complete attention and focus towards Allah, keeping Allah as one’s desired destination and objective. These Nabiyeen of Allah who have followed and submitted to the code of conduct- the way of life of Deen-e-Islam, as per these laws of Allah, in terms of their complete submission and obedience of these laws and Mohkimaat, once they Aslam- in terms of their complete submission and obedience, they are able to fill the gap for not only themselves but also for their communities and nations’ insufficiencies, correcting flaws, making people pure, connecting them together, whereby their faculties and abilities are utilized to their maximum, protecting them through all the troubles, lawlessness, destruction to ensure long term success, Salamaty- peace, prosperity, security for everyone.

 

After discussing about the Nabiyeen who have Aslamu to these Mohkmiaat of Allah- the Tourah, who uses the tourah to do Hikm, Allah then talks about the other types of people in the next phrase “…For those who are Haadu (هَادُوا) and the Rabbyyuna (الرَّبَّانِيُّونَ) and the Ahbaar (الْأَحْبَارُ)…” This phrase talks about three types of people. (1) Haadu– is normally misinterpreted as Jews in ALL of its occurrences in Quran, thereby restricting and limiting these ayahs to the Jews ONLY; these are wrong translations and interpretations. The word Haadu shares the basic characteristics and the meanings as the words Haad, Haadi, and Hidayah, which is in terms of guidance i.e., as a pole star, to be ahead of others and to lead the way for others. Therefore, the word Haadu and Haadi has the same meanings as the person who is a guide, a leader, conductor, pilot, barrister, counsel, preacher, lawyer etc., and thus these words refer to all such religious scholars, leaders, preachers who present themselves in front of people to lead the way for others when it comes to matters of Deen. (2) The Rabbiyuna: is normally mistranslated as scholars whereas the word shares the characteristics and meanings as from the words Rabb and Rabobiat. The Word basically means those who are Abideens, i.e., doing Abd of single or the same Rabb. (3) The Ahbaar: is normally translated as scholars, however the word Habar is used in the broad meanings of someone or something that causes joy, looks and feels pleasant, put cosmetics on, in order to change the form so as to look and feel pleasant and acceptable, etc. The word Ahbaar, is also used to refer to high-ranking clergymen who present themselves as the only connection between them and the higher authorities- and therefore refers to all such scholars who present themselves as the only ones who can understand and preach the religious methods, no one can understand by themselves, since, as per them, ONLY they have the direct connection with Allah; and all those people who took upon the appearances of showing and presenting themselves as learned people and would include people like religious scholars, clergymen, priests, monks, clerics, pandits, Moulvees, etc.

 

The conducts and behaviors of these three types of people is that they do Hikm, not with the Mohkimaat of Allah, the Tourah, but with something specific as described in the next phrase as “…with what they Astuhfizu (اسْتُحْفِظُوا) of Kutiba (كِتَابِ) of Allah and Kanu (وَكَانُوا) to it Shuhada’a (شُهَدَاءَ)…” Here the word Astahfizu: is normally mistranslated as entrusted, whereas the word shares the same characteristics with the word Hifz meanings guard, protect or shield. The word Kanu: is normally translated as ‘is, should be, was, etc.’ but the real meanings of the word are in terms of reaching the final state or situation or form. The word Shahada’a: is normally mistranslated as witness, but is used in Qurann in the meanings of standing up for something, in terms of doing whatever in one’s capacity to side and support what one has chosen and includes each and every step of that endeavor, from calling of witness, to documentation, to gathering, or providing of proof and evidence, to giving witness, taking judgment etc. Therefore, here when Allah says, “Indeed, We Anzalna the Tourat- in it is Hudan and Noor. Yahkum with it the Nabiyyun who are Aslam. For those who are Haadu, and the Rabbiyyuna and the Ahbaar- they Shuhada’a with what they Astuhfizu…”  means that although those who are the Nabiyyuna, they do Hikm – judge, decide, based on the laws of the Kitaab- the Tourah which embodies the Mohkimaat of Allah, since they have Aslam- submitted. But the Haadu- those who present themselves to lead the way to Hidayah and Rabbiyuna- the Aabideen of the same Rabb (could be either of the Haadu or the Ahbaar as their Rabb) and the Ahbaar- those religious leaders who teach and preach the religion by claiming themselves as the only connection with the GOD and their ways are the only ways in religion not that of the Kitaab – all these three types of people- they all do Hikm- judge, decide matters, with only those aspects of the Kitaab, with what they feel safe and protected, NOT the Tourah, Allah’s Mohkimaat on an overall basis. They Shahdaa’- stand up for these choosen aspects of the Kitaab, wherein they feel Mahfooz, safe and protected, by doing whatever is in their capacity to side and support only these aspects, including each and every step of that endeavor, from calling of witness, to documentation, to gathering, or providing of proof and evidence, to giving witness, taking judgment etc.

 

After warning us about these people, the next phrase is direct divine instructions to us, as “…Then, do not Takhsu’ (تَخْشَوُا) the people, and Akhsune (اخْشَوْنِ) and do not exchange with MY Ayaat (بِآيَاتِي) for a little price. And whoever does not Yahkum (يَحْكُمْ) with what Anzala (أَنْزَلَ) Allah, then those are the Kaafirun (الْكَافِرُونَ).” Here the word Takhsu and Akhsu- are both normally translated as fear them but fear me- which is a wrong translation. The word is used in Quran in the meanings of being humbled, with heart being softened and respectful for someone as an opposite of heart being hardened, being arrogant and proud, in terms of being humbly submissive and obedient towards someone, by being impressed by them, out of respect for their authority or expertise. The word Ayaat: means the signs or evidences of Allah. Ayat also means to pause, to stop, to think and to reflect- In fact the definition of Ayat only gets completed when we think, reflect, ponder and utilize our faculties, the five senses and our intellect given by Allah. Quran mentions two types of Ayaat. (1) Kalam of Allah- the words of Quran itself (2) Work of Allah – the many creations of Allah scattered all around us in science and the universe. The word Kaafir: means the one who does Kufr- which basically means to conceal, hide or to cover. The definition of Kufr also includes concealment, non-utilization of one’s faculties and intellect, not seeking knowledge or with-holding of information, provisions, Rizq, wealth etc. which Allah has created for the good of all the mankind and which Allah wants to be made freely available. The meaning of Kufr also incorporates the meanings of denying, refusing or rejecting Haq i.e., Allah’s Ayaat. – Both types of Ayaat. Thus, here when Allah says, “…For those who are the Haadu and the Rabbiyyuna and the Ahbaar, with what they Astahfezu of the Kitab of Allah, and they Kanu to it- Shahada’a. So do not Takhsu the people, Akhsune and not Tashtaru MY Ayaat for a little price. Whoever does not Yahkum with what Anzala Allah, then those are the Kaafirun” Means that these Haadu- those who present themselves to lead the way to Hidayah and Rabbiyuna- the Aabid of the same one Rabb (could be any of the Haadu or the Ahkaar as their Rabb) and the Ahbaar- those religious leaders who teach and preach the religion by calling them the only connection with their way as the only way and not that of the Kitaab- all these three types of people- they all do Hikm with and Shahdaa’- give witness of only what they feel safe and protected on and NOT the Kitaab of Allah. Since what these people are doing are in fact trading and exchanging the Ayaat of Allah for a small price- therefore Allah is advising those who Amanu not to Takhsu- be humbly submissive to the people but only to Allah, as they are not the authority, Allah is- therefore we need to do Akhshu- feel humbly submissive and obedient towards Allah and the Mohkimaat of Allah by acknowledging the authority and greatness of Allah as our one and only Rabb.

 

Before we discuss next Ayah 5:45 which talk about Qisaas, let’s see the concept of Qisaas as per Quran.

 

THE CONCEPT OF QIS’AAS AS PER QURAN:

 

The word Qis’aas is normally translated as legal retribution. The word Qas’as’ normally translated as narrated or mentioned basically stemming from the characteristics in terms of ‘to follow on someone’s footsteps or to retrace what someone has done’. Therefore, the word Qis’aas’ means to retrace, track, follow the criminal in such a manner so that to get the payback, recompense and retribution for the crime in just and equitable manner or better one – basically used in the meanings of the system of justice following, tracking, pursuing the crime so as to get the best retribution for the victims from those who committed the crimes in best possible just and equitable manner.  Thus, the basic parameters of definition of the word Qisaas, is as the system of justice employed to track, follow, trace, pursue those who have committed the crime, the basic purpose of which is to get the maximum justice and retribution from those who have committed such crimes to recompense those who have been the victims. In this regard if we refer the following Ayahs, we know that these Ayahs are telling us about the Qisaas for Qatal- physical or allegorical killing of someone. We know that Qatal of any individual is like Qatal of the whole of humanmankind – Refer ayah 5:32 “…whoever Qatal a Nafs, unless as a punishment for Qatal or Fasaad on land, it will be as if they have Qatal all of humanity; and whoever frees/saves a Nafs, it will be as if they saved all of humanity.” Keeping this in mind and the fact that there cannot be any injustice as per the laws of Deen, since Deen is Haqq – i.e., ultimate justice as per the Allah’s solid judicial principals, lets understand what is the divine guidance with respect to Qisaas concerning Qatal from the following Ayahs.

 

[Quran 2:178] O you who Emaan (آمَنُوا), Kutiba (كُتِبَ) to you is the Qis’aas (الْقِصَاصُ) concerning the Qatal (الْقَتْلَى). The Hurru (الْحُرُّ) for the Hurri (بِالْحُرِّ), the A’bdu (الْعَبْدُ) for the A’bdi (بِالْعَبْدِ), the Nissa (وَالْأُنْثَىٰ) for the Nissa (بِالْأُنْثَىٰ)- so whoever Afu’a (عُفِيَ) for it of his/her Akhiey (أَخِيهِ) in anything, then follow up with Ma’aroof (بِالْمَعْرُوفِ) payment to him with Ahsaan (بِإِحْسَانٍ). This is an alleviation from your Rab (رَبِّكُمْ) and a Rahmtaun (َرَحْمَةٌ). But whoever commits transgression after that, then he will have a painful Azaabun (عَذَابٌ).

 

[Quran 2:179] And for you is life in the Qis’aas (الْقِصَاصُ), O those of intelligence, so that you will be Tattaquoon (تَتَّقُونَ).

 

By mistranslating the Ayah 2:178 as “the legal retribution for those murders is – the free for the free, the slave for the slave, and the female for the female”- Not only translating the word Hurru as free person or Aabid as slave, or Nissa as woman- are all wrong translations; this is a wrong understanding and interpretation of the concept of Qisaas, for example in a situation of killing of one Nafs who was a slave for instance. In this situation, as a Qisas, how can Allah allow the killing of another slave in place of someone who got killed and who was a slave? What is the blame, the crime of the slave who is being murdered in the name of Qisas for another slave? where is the justice as per Allah’s infinite justice and wisdom? We know in the tribal areas, which lack any system of justice or accountability, in the name of Qisaas people from both side of the tribal feud keep on taking the each other’s lives – most of the times for generations and generations whereby many people lose their lives because of this tribal feud – and it all started with one Qatal of one individual by the one person of another tribe, they use to kill each other’s brother, sister, children & parents in retribution instead of the actual killer or being able to get the proper justice. How can Allah’s infinite wisdom and justice allow this to start and/or to continue all in the name of Qisaas?

 

What these two Ayahs of 2:178-179 is very categorically telling us, by identifying first the basic natural human nature of taking revenge, which is “The Hurru (life) for the Hurri (life), the A’bdu (Allah’s Abid) for the A’bdi (Allah’s Aabid), the Nissa (anyone from the weaker segment of society- women, children, elderly, weak etc.) for the Nissa (anyone from the weaker segment of society- women, children, elderly, weak etc.)”. Thus, these ayahs, first identify all the natural inclinations of us as humans to take revenge. However, the Qisaas is not this, this is a natural fitrat of us as humans. Qisaas is what is defined soon after through the phrase “so, whoever Afu’a (عُفِيَ) for it of his/her Akhiey (أَخِيهِ) in anything, then follow up with Ma’aroof (بِالْمَعْرُوفِ) payment to him with Ahsaan (بِإِحْسَانٍ)”.  The Qisaas is the Afu’a, giving generously, freely and in abundance, much beyond one’s haqq- as a due right, in the meanings of, that instead of taking a revenge, with like for a like, as a response to any incident, or event, one should give generously, freely and in abundance, over and beyond what’s one deserves as his/her due right because that person could become one’s Akhiy- pillar of strength and support. This, turning of a revengeful situation, through Afua to make Akhiy of the person, in this situation is the Qisaas should then be followed up with a Maroof (Valuable, acceptable and pleasant) payment by the person who has committed this crime with Ahsan – that is something that looks good/pleasant, to create balance to eliminate Fasad, not in expectation of any return, a step up of Ad’al to give someone more than what their Haqq is. This system of Qisaas is further explained by the phrase of 2:179 “And for you is Hyyaat (life, living) in the Qis’aas…” Had it been the system of Qisaas as is normally interpreted where is the life in this sort of legal retribution and revenge system which is normally interpreted as Qisaas? as we know it could wipe out generations after generations in this system of taking revenge, there is no life in such a system of revenge and this is not Qisaas. Qisaas is Afu’a- not only forgiving and pardoning the other person, but giving freely and generously beyond what his/her due right could be, which is kutaba, written, made obligatory, which should be followed up by the payment in Ahsan by those who committed Qatal. This is Qisaas i.e., this is alleviation from your Rabb and Rahmat”. The next phrase “…But whoever commits transgression after that, then he will have a painful Azaabun” Basically warns those who commit transgression beyond these defined boundaries, it could be from either side, from those who have committed Qatal, it could be lack of any payment as compensation or paying what is not Maroof and Ahsan. From those who are on the receiving end, the victims of the Qatal, the family of those who were Qatal, the transgression could be asking too much as compensation, basically anyone who crosses these boundaries of deen, as defined by Allah as a system of Qisaas, is being addressed in this phrase and warned of a painful Azaab. But those who follow this with their purest of hearts, intentions and minds, for them Allah is saying “…And there is for you in Qisaas life, O you people of understanding, that you will be Tataquoon (i.e. observe Taqwa) “.

 

Keeping in mind, the overall divine guidance at the foundation of the concept of Qisaas, which is that of Afu’a- pardon, forgive, give generously and freely much beyond their due right as their Haqq, recompense -Payment that is Maroof and Ahsan.

 

Let’s take a look at the Ayah 5:45. Although Ayah 2:178-179, specifically talk about Qisaas in the case of Qatal- metaphoric or physical killings, the Ayah 5:45 is more general in nature.

 

Ayah 5:45 “And WE Kutibna (وَكَتَبْنَا) upon them in it- that the Nafs (النَّفْسَ) with the Nafs (بِالنَّفْسِ), and the A’aen (وَالْعَيْنَ) with the A’aen (بِالْعَيْنِ) and the A’naf (الْأَنْفَ) with the A’naf (بِالْأَنْفِ), and the Azna (الْأُذُنَ) with the Azna (بِالْأُذُنِ), and the Sanne (السِّنَّ) with the Sanne (بِالسِّنِّ), and the Jurooh (الْجُرُوحَ) is Qas’aas’(قِصَاصٌ). Then whoever Tas’adaq (تَصَدَّقَ) with it, then it is Kaffaratun (كَفَّارَةٌ) for them. And whoever does not Yahkum(يَحْكُمْ) with what Anzala (أَنْزَلَ) Allah, then those are the Zwalimoon (الظَّالِمُونَ).”

 

After identifying the three groups of people, that people in generally follow and Aghshu instead of Allah’s by following their Hikm, rather than those of Allah as per Allah’s Mohkimaat, and Tourah; Allah stresses that we, as those who Amanu, should only Aghshu Allah and do Hikm with Allah’s Mohkimaat. The Ayah 5:45, “And WE Kutibna (وَكَتَبْنَا) upon them in it…” Is then talking about another set of divine instructions, that have been Kutiba- Made Fard, obligatory and ordained upon us, related to the system of Qis’aas as per Quran.

 

As in Ayahs 2:178-179, Allah identifies the human nature first, which is the most common reaction to any event, incident or happening, such as “…that the Nafs (النَّفْسَ) with the Nafs (بِالنَّفْسِ)…”. As we know the word Nafs is used in Quran for a person, a soul, or an individual basically a combination of an individual’s physically and non-physical aspects. It’s also used in meanings of blood as well as to breath, to come into being or to start to. Therefore, the most common and natural human instinct is to return a Nafs with a Nafs, meanings, in whatever way a Nafs, a person, a soul has been damaged, the same damage is accorded as a revenge, and thus would include, killing as a revenge of killing, insulting as a revenge of insulting, harming a person’s valued treasure or relationship in the like manner, and so on so forth.

 

The other traditional revenge is in the situation of “….and the A’aen (وَالْعَيْنَ) with the A’aen (بِالْعَيْنِ)….” Here the word A’aen is normally translated as eyes. But the word is used in Quran in the meanings of anything which was hidden and then made to appear and come to light- that is which was hidden earlier, but then later on exposed- and could refer to anything such as one’s secrets, or any other aspects which was hidden and then later on exposed, and brought to light. Therefore, this phrase of ‘the A’aene with the A’aene” could refer to anything, in terms of enlightenment or exposure, which was hidden before and now brought to light as a revenge since the same thing was done by the other person- and this could include, exposing someone’s secrets or weaknesses- anything the basic aspect of which was supposed to be hidden but is now being exposed as a revenge.

 

In the next phrase, another traditional situation of revenge was “…and the A’naf (الْأَنْفَ) with the A’naf (بِالْأَنْفِ)…” The word A’naf is normally mistranslated as nose. However, the word is used in Quran in the meanings of exceeding, extra or in addition. Thus, “the A’naf with the A’naf” depicts normal traditional situations of one act by a person, and as a revenge the other person goes an extra mile, in terms of causing more harm and injuries as additional, exceeding what was done to him/her in the first place. For instance, a person caused some damages to another person, then in return the other person as a revenge, goes extra mile and harmed the first person exceedingly much more than the initial harm and injury done by the first person. As a revenge, the first person then went even further. This is the An’af with the A’naf.

 

In the next phrase, another traditional situation of revenge was “…and the Azna (الْأُذُنَ) with the Azna (بِالْأُذُنِ)…” Here the word Azne is normally mistranslated as ‘the ear with the ear’ which is a completely wrong interpretation. The word Azne is used in Quran in the meanings of announcing, declaring, proclaiming, revealing, publicizing, asserting, affirming or making known something in terms of announcement or declaration. Thus, this phrase “the Azne with the Azne” describes the announcement or proclamation of war, animosity, hate or dislike for instance which is reacted with the announcement and declaration in the like manner. Similarly In the next phrase, another traditional situation of revenge was “…and the Sanne (السِّنَّ) with the Sanne (بِالسِّنِّ)…” which is mistranslated as ‘the tooth for the tooth’- again a completely wrong translation. The word Sannan is used in the meanings of practice, the ways and the acts which are often repeated in similar fashion, by people and referring to generations after generations killing and at war with each other from both sides, which goes on for decades and centuries. When all this started and how, is then of least concern to any party, but the practice continues.

 

After describing all such traditional situations and practices of revenge as per the nature of humans, Allah then says “….and the Jurooh (الْجُرُوحَ) Qas’aas’(قِصَاصٌ)…”, Here the word Jurooh, is used in Quran in the meanings of wounds, injuries, lesions, cuts, sores, hurts etc., not just in the physical sense in terms of physical wounds only but also in terms of injuries to relationships and in allegorical terms too. Therefore, when Allah says, “And WE Kutibna upon them- in it- the Nafs with the Nafs, and the A’aene with the A’aene, and the A’naf with the A’naf, and the Azaan with the Azaan, and the Sanan with the Sanan, and the Juroohu Qas’aas. Then whoever Tas’adaq (تَصَدَّقَ) with it, then it is Kaffaratun (كَفَّارَةٌ) for them…” means that Allah has Kutibna- made compulsory upon us the Kitaab, which has Hikm for Qis’as, which is basically the Hikm to Tas’adaq- sincerity and honestly forgiving the mistakes of others, since the current practice of Nafs- soul with Nafs, the A’aene- enlightened vision, something that was hidden before and now brought to light with the A’ene, the A’naf- exceeding, extras, additional revenges with the A’naf, the Azaan- proclamation, announcement of war & fight with the Azaan, and the Sanan- practice with the Sanan- is all leading towards Juroohu- physical & allegorical damages, wounds, injuries, pain and sufferings, including those to human relationships with each other. Thus, after highlighting the current practice of reacting to the Juroohu in revengeful manner, as per the human nature; Allah ordains Qis’as instead of the Juroohu, as a reaction to such acts and incidents and this Kutiba is based on S’adaqaat- sincerely and honestly forgiving others as acts of Is’lah and reform, healing such wounds- physical and allegorical as well as wounds and injuries to human relationship with each other. The revengeful human behavior and practice could wipe out generations after generations of taking revenge- but as we have learned from Ayahs 2:178-179, Qisaas is Hayyat- life and living as it’s based on Afu’a- not only forgiving and pardoning the other person, but giving freely and generously beyond what his/her due right could be, which is made obligatory and should be followed up by the payment with Maroof manner in Ahsan by those who committed such acts as recompense.

 

After highlighting the Hikm of Qisas, that is instead of Jurooh for the Jurooh, instead follow Qisaas. Allah then says “…And whoever does not Yahkum(يَحْكُمْ) with what Anzala (أَنْزَلَ) Allah, then those are the Zwalimoon (الظَّالِمُونَ).” As we know the acts of Zulm basically means to not put something in its rightful place, or something not used by its rightful owner; or rightful quantity- either increasing it or reducing it beyond the requirements; to imbalance something; to snatch some else’s property or thing by force basically used in the meanings of going against justice, Haqq and Adal; to be unjust and unkind; to use someone else’s property unnecessary by exceeding the boundaries without right; to reduce or to consume someone else’s property. Quran has used Zwalimeen as those who cross the boundaries of laws & rules, those who are oppressors, the wrong doers in terms of going against other’s due rights and Haqq; those who take advantage of people in terms of exploiting people’s abilities and properties for their own vested interests; those who are cruel and abusive of others. Therefore, by not doing Hikm, judge and decide matters among human kind, on the basis of what Allah has Kutiba, is equivalent to being of the Zwalimoon.

 

C.    IMPLEMENTATION IN TODAY’S LIFE:

 

These couple of Ayahs of Surah Al-Ma’idah, Ayah no. 44 and 45, give us the following divine guidance that we can apply in our day to day lives.

 

• The Toura’t- in it is Huddan and Noor: The Toora’t, embodying Allah’s Hikm and Mohkimaat, is one of the characteristics of the Kitaab, as through these Mohkimaat, Allah has made the Hidayah a Noor, and Allah gives Hidayah with Allah’s Noor, taking people out of darkness and confusion, to the light of Hidayah, making distinctly clear as being in the light, and at Aman- utter and deep conviction, in the state of Aman- safety, security and conviction that comes out of knowledge.

 

• Allah’s Nabiyeen- those who Aslamu, Yahkumu with the Toura’t: Nabiyeen of Allah who have followed and submitted to the code of conduct- the way of life of Deen-e-Islam, as per these laws of Allah, in terms of their complete submission and obedience of these laws and Mohkimaat- they are the ones who Yahkum- judge, decide between people through these Mohkimaat of Allah.

 

• The Three Groups of People, who Yahkum only with what they feel protected and save with: gives us warnings about the three groups of people, who normally people follow, which are (1) Haadu– All such religious scholars, leaders, preachers who present themselves in front of people to lead the way for others when it comes to matters of Deen. (2) The Rabbiyuna: Those who are Abideens, i.e., doing Abd, obediently following the laws of single and the same Rabb- could be either of Haadu or Ahbaar- referring to blind followers of either the Haadu or the Ahbaar. (3) The Ahbaar: All such scholars who present themselves as the only ones who can understand and preach the religious methods- as per them, no one else can understand by themselves, since, as per them, ONLY they have the direct connection with Allah; and all those people who took upon the appearances of showing and presenting themselves as learned people and would include people like religious scholars, clergymen, priests, monks, clerics, pandits, Moulvees, etc. All these three groups of people, they all do Hikm- judge, decide matters, with only those aspects of the Kitaab, with what they feel safe and protected, NOT the Tourah, Allah’s Mohkimaat on an overall basis. They Shahdaa’- stand up for these chosen aspects of the Kitaab, wherein they feel Mahfooz, safe and protected, by doing whatever is in their capacity to side and support only these aspects, including each and every step of that endeavor, from calling of witness, to documentation, to gathering, or providing of proof and evidence, to giving witness, taking judgment etc.

 

• Divine Guidance- Do not Takhsu’ the people, and Akhsune- Since what these people are doing are in fact trading and exchanging the Ayaat of Allah for a small price- therefore the divine instruction to us, is not to Takhsu- be humbly submissive to the people but only to Allah, as they are not the authority, Allah is- therefore we need to do Akhshu- feel humbly submissive and obedient towards Allah and the Mohkimaat of Allah by acknowledging the authority and greatness of Allah as our one and only Rabb and do Hikm, judge, decide matters with the Tourat- the Mohkimaat of Allah.

 

• The System of Qis’aas as per Quran: Allah has Kutibna- made compulsory upon us the Kitaab, which has Hikm for Qis’as, which is basically the Hikm to Tas’adaq- sincerity and honestly forgiving the mistakes of others, since the current practice of Nafs- soul with Nafs, the A’aene- A’aene- enlightened vision, something that was hidden before and now brought to light with the A’ene, the A’naf- exceeding, extras, additional revenges with the A’naf, the Azaan- proclamation, announcement of war & fight with the Azaan, and the Sanan- practice with the Sanan- is all leading towards Juroohu- physical & allegorical damages, wounds, injuries, pain and sufferings, including those to human relationships with each other. Thus, after highlighting the current practice of reacting to the Juroohu in revengeful manner, as per the human nature; Allah ordains Qis’as instead of the Juroohu, as a reaction to such acts and incidents and this Kutiba is based on S’adaqaat- sincerely and honestly forgiving others as acts of Is’lah and reform, healing such wounds- physical and allegorical as well as wounds and injuries to human relationship with each other. The revengeful human behavior and practice could wipe out generations after generations of taking revenge- but as per the system of Qis’aas as per Quran, Qisaas is Hayyat- life and living as it’s based on Afu’a- not only forgiving and pardoning the other person, but giving freely and generously beyond what his/her due right could be, which is made obligatory and should be followed up by the payment with Maroof manner in Ahsan by those who committed such acts as recompense.

 

 

Footnotes:

D.  THE KEY-WORD VOCABULARY:

 

For the updated Keyword Vocabulary, kindly visit our website at the link

https://quranthinkers.com/keyword-vocabulary-by-wqt/