﷽
*Surah Al-Baqara, Verse 177:*
لَّيْسَ الْبِرَّ أَن تُوَلُّوا وُجُوهَكُمْ قِبَلَ الْمَشْرِقِ وَالْمَغْرِبِ وَلَٰكِنَّ الْبِرَّ مَنْ آمَنَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ وَالْمَلَائِكَةِ وَالْكِتَابِ وَالنَّبِيِّينَ وَآتَى الْمَالَ عَلَىٰ حُبِّهِ ذَوِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينَ وَابْنَ السَّبِيلِ وَالسَّائِلِينَ وَفِي الرِّقَابِ وَأَقَامَ الصَّلَاةَ وَآتَى الزَّكَاةَ وَالْمُوفُونَ بِعَهْدِهِمْ إِذَا عَاهَدُوا وَالصَّابِرِينَ فِي الْبَأْسَاءِ وَالضَّرَّاءِ وَحِينَ الْبَأْسِ أُولَٰئِكَ الَّذِينَ صَدَقُوا وَأُولَٰئِكَ هُمُ الْمُتَّقُونَ
It is not Al-Birr (piety, righteousness, and each and every act of obedience to Allah, etc.) that you turn your faces towards east and (or) west (in prayers); but Al-Birr is (the quality of) the one who believes in Allah, the Last Day, the Angels, the Book, the Prophets and gives his wealth, in spite of love for it, to the kinsfolk, to the orphans, and to Al-Masakin (the poor), and to the wayfarer, and to those who ask, and to set slaves free, performs As-Salat (Iqamat-as-Salat), and gives the Zakat, and who fulfill their covenant when they make it, and who are As-Sabirin (the patient ones, etc.) in extreme poverty and ailment (disease) and at the time of fighting (during the battles). Such are the people of the truth and they are Al-Muttaqun (pious - see V. 2:2).
*COMMENTARY*
As if to emphasise again a warning against deadening formalism, we are given a beautiful description of the righteous and God-fearing man. He should obey salutary regulations, but he should fix his gaze on the love of Allāh and the love of his fellow-men. We are given four heads:
1. Our faith should be true and sincere.
2. We must be prepared to show it in deeds of charity to our fellow-men.
3. We must be good citizens, supporting social organisation, and
4. Our own individual soul must be firm and unshaken in all circumstances. They are interconnected, and yet can be viewed separately.
Faith is not merely a matter of words. We must realise the presence and goodness of Allāh (Sub-haanahu wata'aala). When we do so, the scales fall from our eyes: all the falsities and fleeting nature of the Present cease to enslave us, for we see the Last Day as if it were to-day. We also see Allāh's working in His world and in us: His angels, His Messengers and His Message are no longer remote from us, but come within our experience.
Practical deeds of charity are of value when they proceed from love, and from no other motive. In this respect, also, our duties take various forms, which are shown in reasonable gradation: our kith and kin; orphans (including any persons who are without support out or help): people who are in real need but who never ask (it is our duty to find them out, and they come before those who ask); the stranger, who is entitled to laws of hospitality; the people who ask and are entitled to ask, i.e not merely lazy beggars, but those who seek our assistance in some form or another (it is our duty to respond to them); and slaves (we must do all we can to give or buy their freedom). Slavery has many insidious forms, and all are included.
Charity and piety in individual cases do not complete our duties. In prayer and charity, we must also look to our organised efforts: where there is a Muslim State, these are made through the State, in facilities for public prayer, and public assistance, and for the maintenance of contracts and fair dealing in all matters.
Then come the Muslim virtues of firmness and patience. They are to "preserve the dignity of man, with soul erect" (Burns). Three sets of circumstances are specially mentioned for the exercise of this virtue:
1. Bodily pain or suffering.
2. Adversities or injuries of all kinds, deserved and undeserved, and
3. Periods of public panic, such as war, violence, pestilence, etc.
﷽
*Surah Al-Baqara, Verse 178:*
يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنثَىٰ بِالْأُنثَىٰ فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ ذَٰلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ فَمَنِ اعْتَدَىٰ بَعْدَ ذَٰلِكَ فَلَهُ عَذَابٌ أَلِيمٌ
O you who believe! Al-Qisas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives, etc.) of the killed against blood money, then adhering to it with fairness and payment of the blood money, to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment.
*COMMENTARY*
Note first that this verse and the next make it clear that Islam has much mitigated the horrors of the pre-islamic custom of retaliation. In order to meet the strict claims of justice, equality is prescribed, with a strong recommendation for mercy and forgiveness. To translate qisās, therefore, by retaliation, is I think incorrect. The Latin legal term "Lex Talionis" may come near it, but even that is modified here. In any case it is best to avoid technical terms for things that are very different. "Retaliation" in English has a wider meaning, equivalent almost to returning evil for evil, and would more fitly apply to the blood-feuds of the Days of Ignorance. Islam says: if you must take a life for a life, at least there should be some measure of equality in it, the killing of the slave of a tribe should not involve a blood feud where many free men would be killed; but the law of mercy, where it can be obtained by consent, with reasonable compensation, would be better.
Our law of equality only takes account of three conditions in civil society: free for free, slave for slave, woman for woman, high-born, or influential man is killed, his life is equal to two or three lives among the poor or the lowly. Nor, in cases of murder, can you go into the value or abilities of a slave. A woman is mentioned separately because her position as a mother or an economic worker is different. She does not form a third class, but a division in the other two classes. One life having been lost, do not waste many lives in retaliation: at most, let the Law take one life under strictly prescribed conditions, and shut the door to private vengeance or tribal retaliation. But if the aggrieved party consents (and this condition of consent is laid down to prevent worse evils), forgiveness and brotherly love is better, and the door of Mercy is kept open. In Western law, no felony can be compounded.
The jurists have carefully laid down that the law of qisās refers to murder only. Qisās is not applicable to manslaughter, due to a mistake or an accident. There, there would be no capital punishment.
The brother: the term is perfectly general: all men are brothers in Islam.
The whole penalty can be remitted if the aggrieved party agrees, out of brotherly love. In meeting that demand the culprit or his friends should equally be generous and recognise the good-will of the other side.
*Surah Al-Baqara, Verse 177:*
لَّيْسَ الْبِرَّ أَن تُوَلُّوا وُجُوهَكُمْ قِبَلَ الْمَشْرِقِ وَالْمَغْرِبِ وَلَٰكِنَّ الْبِرَّ مَنْ آمَنَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ وَالْمَلَائِكَةِ وَالْكِتَابِ وَالنَّبِيِّينَ وَآتَى الْمَالَ عَلَىٰ حُبِّهِ ذَوِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينَ وَابْنَ السَّبِيلِ وَالسَّائِلِينَ وَفِي الرِّقَابِ وَأَقَامَ الصَّلَاةَ وَآتَى الزَّكَاةَ وَالْمُوفُونَ بِعَهْدِهِمْ إِذَا عَاهَدُوا وَالصَّابِرِينَ فِي الْبَأْسَاءِ وَالضَّرَّاءِ وَحِينَ الْبَأْسِ أُولَٰئِكَ الَّذِينَ صَدَقُوا وَأُولَٰئِكَ هُمُ الْمُتَّقُونَ
It is not Al-Birr (piety, righteousness, and each and every act of obedience to Allah, etc.) that you turn your faces towards east and (or) west (in prayers); but Al-Birr is (the quality of) the one who believes in Allah, the Last Day, the Angels, the Book, the Prophets and gives his wealth, in spite of love for it, to the kinsfolk, to the orphans, and to Al-Masakin (the poor), and to the wayfarer, and to those who ask, and to set slaves free, performs As-Salat (Iqamat-as-Salat), and gives the Zakat, and who fulfill their covenant when they make it, and who are As-Sabirin (the patient ones, etc.) in extreme poverty and ailment (disease) and at the time of fighting (during the battles). Such are the people of the truth and they are Al-Muttaqun (pious - see V. 2:2).
*COMMENTARY*
As if to emphasise again a warning against deadening formalism, we are given a beautiful description of the righteous and God-fearing man. He should obey salutary regulations, but he should fix his gaze on the love of Allāh and the love of his fellow-men. We are given four heads:
1. Our faith should be true and sincere.
2. We must be prepared to show it in deeds of charity to our fellow-men.
3. We must be good citizens, supporting social organisation, and
4. Our own individual soul must be firm and unshaken in all circumstances. They are interconnected, and yet can be viewed separately.
Faith is not merely a matter of words. We must realise the presence and goodness of Allāh (Sub-haanahu wata'aala). When we do so, the scales fall from our eyes: all the falsities and fleeting nature of the Present cease to enslave us, for we see the Last Day as if it were to-day. We also see Allāh's working in His world and in us: His angels, His Messengers and His Message are no longer remote from us, but come within our experience.
Practical deeds of charity are of value when they proceed from love, and from no other motive. In this respect, also, our duties take various forms, which are shown in reasonable gradation: our kith and kin; orphans (including any persons who are without support out or help): people who are in real need but who never ask (it is our duty to find them out, and they come before those who ask); the stranger, who is entitled to laws of hospitality; the people who ask and are entitled to ask, i.e not merely lazy beggars, but those who seek our assistance in some form or another (it is our duty to respond to them); and slaves (we must do all we can to give or buy their freedom). Slavery has many insidious forms, and all are included.
Charity and piety in individual cases do not complete our duties. In prayer and charity, we must also look to our organised efforts: where there is a Muslim State, these are made through the State, in facilities for public prayer, and public assistance, and for the maintenance of contracts and fair dealing in all matters.
Then come the Muslim virtues of firmness and patience. They are to "preserve the dignity of man, with soul erect" (Burns). Three sets of circumstances are specially mentioned for the exercise of this virtue:
1. Bodily pain or suffering.
2. Adversities or injuries of all kinds, deserved and undeserved, and
3. Periods of public panic, such as war, violence, pestilence, etc.
﷽
*Surah Al-Baqara, Verse 178:*
يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنثَىٰ بِالْأُنثَىٰ فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ ذَٰلِكَ تَخْفِيفٌ مِّن رَّبِّكُمْ وَرَحْمَةٌ فَمَنِ اعْتَدَىٰ بَعْدَ ذَٰلِكَ فَلَهُ عَذَابٌ أَلِيمٌ
O you who believe! Al-Qisas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives, etc.) of the killed against blood money, then adhering to it with fairness and payment of the blood money, to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment.
*COMMENTARY*
Note first that this verse and the next make it clear that Islam has much mitigated the horrors of the pre-islamic custom of retaliation. In order to meet the strict claims of justice, equality is prescribed, with a strong recommendation for mercy and forgiveness. To translate qisās, therefore, by retaliation, is I think incorrect. The Latin legal term "Lex Talionis" may come near it, but even that is modified here. In any case it is best to avoid technical terms for things that are very different. "Retaliation" in English has a wider meaning, equivalent almost to returning evil for evil, and would more fitly apply to the blood-feuds of the Days of Ignorance. Islam says: if you must take a life for a life, at least there should be some measure of equality in it, the killing of the slave of a tribe should not involve a blood feud where many free men would be killed; but the law of mercy, where it can be obtained by consent, with reasonable compensation, would be better.
Our law of equality only takes account of three conditions in civil society: free for free, slave for slave, woman for woman, high-born, or influential man is killed, his life is equal to two or three lives among the poor or the lowly. Nor, in cases of murder, can you go into the value or abilities of a slave. A woman is mentioned separately because her position as a mother or an economic worker is different. She does not form a third class, but a division in the other two classes. One life having been lost, do not waste many lives in retaliation: at most, let the Law take one life under strictly prescribed conditions, and shut the door to private vengeance or tribal retaliation. But if the aggrieved party consents (and this condition of consent is laid down to prevent worse evils), forgiveness and brotherly love is better, and the door of Mercy is kept open. In Western law, no felony can be compounded.
The jurists have carefully laid down that the law of qisās refers to murder only. Qisās is not applicable to manslaughter, due to a mistake or an accident. There, there would be no capital punishment.
The brother: the term is perfectly general: all men are brothers in Islam.
The whole penalty can be remitted if the aggrieved party agrees, out of brotherly love. In meeting that demand the culprit or his friends should equally be generous and recognise the good-will of the other side.
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