Tafsir of Surah Al-Ma'idah - Verse 33

Human Beings Should Respect the Sanctity of Other Human Beings

Allah says, because the son of Adam killed his brother in transgression and aggression,

كَتَبْنَا عَلَى بَنِى إِسْرَءِيلَ

(We ordained for the Children of Israel...) meaning, We legislated for them and informed them,

أَنَّهُ مَن قَتَلَ نَفْساً بِغَيْرِ نَفْسٍ أَوْ فَسَادٍ فِى الاٌّرْضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعاً وَمَنْ أَحْيَـهَا فَكَأَنَّمَا أَحْيَا النَّاسَ جَمِيعاً

(that if anyone killed a person not in retaliation of murder, or (and) to spread mischief in the land - it would be as if he killed all mankind, and if anyone saved a life, it would be as if he saved the life of all mankind.) The Ayah states, whoever kills a soul without justification -- such as in retaliation for murder or for causing mischief on earth -- will be as if he has killed all mankind, because there is no difference between one life and another.

وَمَنْ أَحْيَـهَا

(and if anyone saved a life...) by preventing its blood from being shed and believing in its sanctity, then all people will have been saved from him, so,

فَكَأَنَّمَا أَحْيَا النَّاسَ جَمِيعاً

(it would be as if he saved the life of all mankind.) Al-A`mash and others said that Abu Salih said that Abu Hurayrah said, "I entered on `Uthman when he was under siege in his house and said, `I came to give you my support. Now, it is good to fight (defending you) O Leader of the Faithful!' He said, `O Abu Hurayrah! Does it please you that you kill all people, including me' I said, `No.' He said, `If you kill one man, it is as if you killed all people. Therefore, go back with my permission for you to leave. May you receive your reward and be saved from burden.' So I went back and did not fight."' `Ali bin Abi Talhah reported that Ibn `Abbas said, "It is as Allah has stated,

مَن قَتَلَ نَفْساً بِغَيْرِ نَفْسٍ أَوْ فَسَادٍ فِى الاٌّرْضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعاً وَمَنْ أَحْيَـهَا فَكَأَنَّمَا أَحْيَا النَّاسَ جَمِيعاً

(if anyone killed a person not in retaliation of murder, or (and) to spread mischief in the land - it would be as if he killed all mankind, and if anyone saved a life, it would be as if he saved the life of all mankind.) Saving life in this case occurs by not killing a soul that Allah has forbidden. So this is the meaning of saving the life of all mankind, for whoever forbids killing a soul without justification, the lives of all people will be saved from him." Similar was said by Mujahid;

وَمَنْ أَحْيَـهَا

(And if anyone saved a life...) means, he refrains from killing a soul. Al-`Awfi reported that Ibn `Abbas said that Allah's statement,

فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعاً

(it would be as if he killed all mankind. .) means, "Whoever kills one soul that Allah has forbidden killing, is just like he who kills all mankind." Sa`id bin Jubayr said, "He who allows himself to shed the blood of a Muslim, is like he who allows shedding the blood of all people. He who forbids shedding the blood of one Muslim, is like he who forbids shedding the blood of all people." In addition, Ibn Jurayj said that Al-A`raj said that Mujahid commented on the Ayah,

فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعاً

(it would be as if he killed all mankind,) "He who kills a believing soul intentionally, Allah makes the Fire of Hell his abode, He will become angry with him, and curse him, and has prepared a tremendous punishment for him, equal to if he had killed all people, his punishment will still be the same." Ibn Jurayj said that Mujahid said that the Ayah,

وَمَنْ أَحْيَـهَا فَكَأَنَّمَا أَحْيَا النَّاسَ جَمِيعاً

(and if anyone saved a life, it would be as if he saved the life of all mankind.) means, "He who does not kill anyone, then the lives of people are safe from him."

Warning Those who Commit Mischief

Allah said,

وَلَقَدْ جَآءَتْهُمْ رُسُلُنَا بِالّبَيِّنَـتِ

(And indeed, there came to them Our Messengers with Al-Bayyinat,) meaning, clear evidences, signs and proofs,

ثُمَّ إِنَّ كَثِيراً مِّنْهُمْ بَعْدَ ذلِكَ فِى الاٌّرْضِ لَمُسْرِفُونَ

(even then after that many of them continued to exceed the limits in the land!) This Ayah chastises and criticizes those who commit the prohibitions, after knowing that they are prohibited from indulging in them. The Jews of Al-Madinah, such as Banu Qurayzah, An-Nadir and Qaynuqa`, used to fight along with either Khazraj or Aws, when war would erupt between them during the time of Jahiliyyah. When these wars would end, the Jews would ransom those who were captured and pay the blood money for those who were killed. Allah criticized them for this practice in Surat Al-Baqarah,

وَإِذْ أَخَذْنَا مِيثَـقَكُمْ لاَ تَسْفِكُونَ دِمَآءِكُمْ وَلاَ تُخْرِجُونَ أَنفُسَكُمْ مِّن دِيَـرِكُمْ ثُمَّ أَقْرَرْتُمْ وَأَنتُمْ تَشْهَدُونَ - ثُمَّ أَنتُمْ هَـؤُلاَءِ تَقْتُلُونَ أَنفُسَكُمْ وَتُخْرِجُونَ فَرِيقًا مِّنكُم مِّن دِيَـرِهِمْ تَظَـهَرُونَ علَيْهِم بِالإِثْمِ وَالْعُدْوَنِ وَإِن يَأْتُوكُمْ أُسَـرَى تُفَـدُوهُمْ وَهُوَ مُحَرَّمٌ عَلَيْكُمْ إِخْرَاجُهُمْ أَفَتُؤْمِنُونَ بِبَعْضِ الْكِتَـبِ وَتَكْفُرُونَ بِبَعْضٍ فَمَا جَزَآءُ مَن يَفْعَلُ ذلِكَ مِنكُمْ إِلاَّ خِزْىٌ فِي الْحَيَوةِ الدُّنْيَا وَيَوْمَ الْقِيَـمَةِ يُرَدُّونَ إِلَى أَشَدِّ الّعَذَابِ وَمَا اللَّهُ بِغَـفِلٍ عَمَّا تَعْمَلُونَ

(And (remember) when We took your covenant (saying): Shed not your (people's) blood, nor turn out your own people from their dwellings. Then, (this) you ratified and (to this) you bear witness. After this, it is you who kill one another and drive out a party of your own from their homes, assist (their enemies) against them, in sin and transgression. And if they come to you as captives, you ransom them, although their expulsion was forbidden to you. Then do you believe in a part of the Scripture and reject the rest Then what is the recompense of those who do so among you, except disgrace in the life of this world, and on the Day of Resurrection they shall be consigned to the most grievous torment. And Allah is not unaware of what you do.) 2:84-85

The Punishment of those Who Cause Mischief in the Land

Allah said next,

إِنَّمَا جَزَآءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِى الاٌّرْضِ فَسَاداً أَن يُقَتَّلُواْ أَوْ يُصَلَّبُواْ أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُم مِّنْ خِلَـفٍ أَوْ يُنفَوْاْ مِنَ الاٌّرْضِ

(The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land.) `Wage war' mentioned here means, oppose and contradict, and it includes disbelief, blocking roads and spreading fear in the fairways. Mischief in the land refers to various types of evil. Ibn Jarir recorded that `Ikrimah and Al-Hasan Al-Basri said that the Ayat,

إِنَّمَا جَزَآءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ

(The recompense of those who wage war against Allah and His Messenger) until,

إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ

(Allah is Of-Forgiving, Most Merciful,) "Were revealed about the idolators. Therefore, the Ayah decrees that, whoever among them repents before you apprehend them, then you have no right to punish them. This Ayah does not save a Muslim from punishment if he kills, causes mischief in the land or wages war against Allah and His Messenger and then joins rank with the disbelievers, before the Muslims are able to catch him. He will still be liable for punishment for the crimes he committed." Abu Dawud and An-Nasa'i recorded that `Ikrimah said that Ibn `Abbas said that the Ayah,

إِنَّمَا جَزَآءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِى الاٌّرْضِ فَسَاداً

(The recompense of those who wage war against Allah and His Messenger and do mischief in the land...) "Was revealed concerning the idolators, those among them who repent before being apprehended, they will still be liable for punishment for the crimes they committed." The correct opinion is that this Ayah is general in meaning and includes the idolators and all others who commit the types of crimes the Ayah mentioned. Al-Bukhari and Muslim recorded that Abu Qilabah `Abdullah bin Zayd Al-Jarmi, said that Anas bin Malik said, "Eight people of the `Ukl tribe came to the Messenger of Allah ﷺ and gave him their pledge to follow Islam. Al-Madinah's climate did not suit them and they became sick and complained to Allah's Messenger ﷺ. So he said,

«أَلَا تَخْرُجُونَ مَعَ رَاعِينَا فِي إِبِلِهِ، فَتُصِيبُوا مِنْ أَبْوَالِهَا وَأَلْبَانِهَا»

(Go with our shephard to be treated by the milk and urine of his camels.) So they went as directed, and after they drank from the camels' milk and urine, they became healthy, and they killed the shepherd and drove away all the camels. The news reached the Prophet and he sent (men) in their pursuit and they were captured. He then ordered that their hands and feet be cut off (and it was done), and their eyes were branded with heated pieces of iron. Next, they were put in the sun until they died." This is the wording of Muslim. In another narration for this Hadith, it was mentioned that these people were from the tribes of `Ukl or `Uraynah. Another narration reported that these people were put in the Harrah area (of Al-Madinah), and when they asked for water, no water was given to them. Allah said,

أَن يُقَتَّلُواْ أَوْ يُصَلَّبُواْ أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُم مِّنْ خِلَـفٍ أَوْ يُنفَوْاْ مِنَ الاٌّرْضِ

(they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land.) `Ali bin Abi Talhah said that Ibn `Abbas said about this Ayah, `He who takes up arms in Muslim land and spreads fear in the fairways and is captured, the Muslim Leader has the choice to either have him killed, crucified or cut off his hands and feet." Similar was said by Sa`id bin Al-Musayyib, Mujahid, `Ata', Al-Hasan Al-Basri, Ibrahim An-Nakha`i and Ad-Dahhak, as Abu Ja`far Ibn Jarir recorded. This view is supported by the fact that the word Aw (or), indicates a choice. As Allah said,

فَجَزَآءٌ مِّثْلُ مَا قَتَلَ مِنَ النَّعَمِ يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِّنْكُمْ هَدْياً بَـلِغَ الْكَعْبَةِ أَوْ كَفَّارَةٌ طَعَامُ مَسَـكِينَ أَو عَدْلُ ذلِكَ صِيَاماً

(The penalty is an offering, brought to the Ka`bah, of an eatable animal equivalent to the one he killed, as adjudged by two just men among you; or, for expiation, he should feed the poor, or its equivalent in fasting.)5:95 Allah said,

فَمَن كَانَ مِنكُم مَّرِيضًا أَوْ بِهِ أَذًى مِّن رَّأْسِهِ فَفِدْيَةٌ مِّن صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍ

(And whosoever of you is ill or has an ailment in his scalp (necessitating shaving), he must pay a ransom of either fasting or giving charity or offering a sacrifice.) and,

فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَـكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ

(...for its expiation feed ten of the poor, on a scale of the average of that with which you feed your own families, or clothe them, or free a slave.) All of these Ayat offer a choice, just as the Ayah above. As for Allah's statement,

أَوْ يُنفَوْاْ مِنَ الاٌّرْضِ

(or be exiled from the land.) some said that it means, he is actively pursued until he is captured, and thus receives his prescribed punishment, or otherwise he escapes from the land of Islam, as Ibn Jarir recorded from Ibn `Abbas, Anas bin Malik, Sa`id bin Jubayr, Ad-Dahhak, Ar-Rabi` bin Anas, Az-Zuhri, Al-Layth bin Sa`d and Malik bin Anas. Some said that the Ayah means these people are expelled to another land, or to another state by the Muslims authorities. Sa`id bin Jubayr, Abu Ash-Sha`tha', Al-Hasan, Az-Zuhri, Ad-Dahhak and Muqatil bin Hayyan said that he is expelled, but not outside of the land of Islam, while others said that he is to be imprisoned. Allah's statement,

ذَلِكَ لَهُمْ خِزْىٌ فِى الدُّنْيَا وَلَهُمْ فِى الاٌّخِرَةِ عَذَابٌ عَظِيمٌ

(That is their disgrace in this world, and a great torment is theirs in the Hereafter.) means, the punishment We prescribed, killing these aggressors, crucifying them, cutting off their hands and feet on opposite sides, or expelling them from the land is a disgrace for them among mankind in this life, along with the tremendous torment Allah has prepared for them in the Hereafter. This view supports the opinion that these Ayat were revealed about the idolators. As for Muslims, in his Sahih, Muslim recorded that `Ubadah bin As-Samit said, "The Messenger of Allah ﷺ took the same pledge from us that he also took from women: That we do not associate anything with Allah in worship, we do not steal, commit adultery, or kill our children, and that we do not spread falsehood about each other. He said that he who keeps this pledge, then his reward will be with Allah. He who falls into shortcomings and was punished, then this will be his expiation. And those whose errors were covered by Allah, then their matter is for Allah: If He wills, He will punish them and If He wills, He will pardon them." `Ali narrated that the Messenger of Allah ﷺ said,

«مَنْ أَذْنَبَ ذَنْبًا فِي الدُّنْيَا فَعُوقِبَ بِهِ، فَاللهُ أَعْدَلُ مِنْ أَنْ يُثَنِّيَ عُقُوبَتَهُ عَلى عَبْدِهِ، وَمَنْ أَذْنَبَ ذَنْبًا فِي الدُّنْيَا فَسَتَرهُ اللهُ عَلَيْهِ وَعَفَا عَنْهُ، فَاللهُ أَكْرَمُ مِنْ أَنْ يَعُودَ عَلَيْهِ فِي شَيْءٍ قَدْ عَفَا عَنْه»

(He who sins in this life and was punished for it, then Allah is far more just than to combine two punishments on His servant. He who commits an error in this life and Allah hides this error and pardons him, then Allah is far more generous than to punish the servant for something that He has already pardoned.) iRecorded by Ahmad, Ibn Majah and At-Tirmidhi who said, "Hasan Gharib."Al-Hafiz Ad-Daraqutni was asked about this Hadith, and he said that it was related to the Prophet in some narrations, and it was related to the Companions in others, and that this narration from the Prophet is Sahih. Ibn Jarir commented on Allah's statement,

ذَلِكَ لَهُمْ خِزْىٌ فِى الدُّنْيَا

(That is their disgrace in this world,) "Meaning, shame, humiliation, punishment, contempt and torment in this life, before the Hereafter,

وَلَهُمْ فِى الاٌّخِرَةِ عَذَابٌ عَظِيمٌ

(and a great torment is theirs in the Hereafter.) if they do not repent from these errors until death overcomes them. In this case, they will be stricken by the punishment that We prescribed for them in this life and the torment that We prepared for them therein,

عَذَابٌ عظِيمٌ

(a great torment) in the Fire of Jahannam."

The Punishment of those who Wage War Against Allah and His Messenger is Annulled if They Repent Before their Apprehension

Allah said,

إِلاَّ الَّذِينَ تَابُواْ مِن قَبْلِ أَن تَقْدِرُواْ عَلَيْهِمْ فَاعْلَمُواْ أَنَّ اللَّهَ غَفُورٌ رَّحِيمٌ

(Except for those who (having fled away and then) came back (as Muslims) with repentance before they fall into your power; in that case, know that Allah is Oft-Forgiving, Most Merciful.) This Ayah is clear in its indication that it applies to the idolators. As for the Muslims who commit this crime and repent before they are apprehended, the punishment of killing, crucifixion and cutting the limbs will be waved. The practice of the Companions in this regard is that all of the punishments prescribed in this case will be waved, as is apparent from the wording of the Ayah. Ibn Abi Hatim recorded that Ash-Sha`bi said, "Harithah bin Badr At-Tamimi was living in Al-Basrah, and he committed the crime of mischief in the land. So he talked to some men from Quraysh, such as Al-Hasan bin `Ali, Ibn `Abbas and `Abdullah bin Ja`far, and they talked to `Ali about him so that he would grant him safety, but `Ali refused. So Harithah went to Sa`id bin Qays Al-Hamadani who kept him in his house and went to `Ali, saying, `O Leader of the Faithful! What about those who wage war against Allah and His Messenger and cause mischief in the land' So he recited the Ayah until he reached,

إِلاَّ الَّذِينَ تَابُواْ مِن قَبْلِ أَن تَقْدِرُواْ عَلَيْهِمْ

(Except for those who (having fled away and them) came back cas Muslims) with repentance before they fall into your power. ) So `Ali wrote a document that granted safety, and Sa`id bin Qays said, `This is for Harithah bin Badr."' Ibn Jarir recorded this Hadith. Ibn Jarir recorded that `Amir Ash-Sha`bi said, "A man from Murad came to Abu Musa, while he was the governor of Al-Kufah during the reign of `Uthman, and said to him after he offered the obligatory prayer, `O Abu Musa! I seek your help. I am so-and-so from Murad and I waged war against Allah and His Messenger and caused mischief in the land. I repented before you had any authority over me.' Abu Musa proclaimed, `This is so-and-so, who had waged war against Allah and His Messenger and caused mischief in the land, and he repented before we had authority over him. Therefore, anyone who meets him, should deal with him in a better way. If he is saying the truth, then this is the path of those who say the truth. If he is saying a lie, his sins will destroy him. So the man remained idle for as long as Allah willed, but he later rose against the leaders, and Allah punished him for his sins and he was killed." Ibn Jarir recorded that Musa bin Ishaq Al-Madani said that `Ali Al-Asadi waged war, blocked the roads, shed blood and plundered wealth. The leaders and the people alike, sought to capture him, but they could not do that until he came after he repented, after he heard a man reciting the Ayah,

يعِبَادِىَ الَّذِينَ أَسْرَفُواْ عَلَى أَنفُسِهِمْ لاَ تَقْنَطُواْ مِن رَّحْمَةِ اللَّهِ إِنَّ اللَّهَ يَغْفِرُ الذُّنُوبَ جَمِيعاً إِنَّهُ هُوَ الْغَفُورُ الرَّحِيمُ

(O My servants who have transgressed against themselves! Despair not of the mercy of Allah, verily, Allah forgives all sins. Truly, He is Oft-Forgiving, Most Merciful.) So he said to that man, "O servant of Allah! Recite it again." So he recited it again, and `Ali put down his sword and went to Al-Madinah in repentance, arriving during the night. He washed up and went to the Masjid of the Messenger of Allah ﷺ and prayed the dawn prayer. He sat next to Abu Hurayrah amidst his companions. In the morning, the people recognized him and went after him. He said, "You have no way against me. I came in repentance before you had any authority over me." Abu Hurayrah said, "He has said the truth," and he held his hand and went to Marwan bin Al-Hakam, who was the governor of Al-Madinah during the reign of Mu`awiyah. Abu Hurayrah said, "This is `Ali and he came in repentance and you do not have a way against him, nor can you have him killed." So `Ali was absolved of punishment and remained on his repentance and went to the sea to perform Jihad in Allah's cause. The Muslims met the Romans in battle, and the Muslims brought the ship `Ali was in to one of the Roman ships, and `Ali crossed to that ship and the Romans escaped from him to the other side of the ship, and the ship capsized and they all drowned."

Commentary

Qur'anic Laws are Unique and Revolutionary

Mentioned in the previous verses (27-32) was the event of the killing of Habil (Abel) and its gravity as a crime. In the verses cited above, and in verses which follow, there is a description of the legal punishments for killing, plundering, robbery and theft. Prompted in between the description of the punishments for robbery and theft is the need to fear Allah and the desirability of seeking nearness to Him through acts of obedience. This approach of the Qur'an, acting in a very subtle manner, prepares the human mind to accept the desired revolutionary change in thinking. The reason is that the Holy Qur'an, unlike the penal codes of the world, does not stop at a simple codification of crime and punishment. Instead of doing that, it combines with each crime and its punishment the ultimate fear of Allah and the Hereafter making the later almost present before him whereby it would turn the hu-man orientation towards a state of being the very thought of which leaves a person all cleansed from every defect and sin. An impartial view of things as they are around us will prove that, without the motivating factors of the fear of Allah and the apprehension of the Here-after, no law or police or army of this world can guarantee that crimes can be eradicated from human societies. It is this wise and affection-ate approach of the Holy Qur'an which ushered a revolution in the world when it created a society of human beings who, in their Godliness, were ahead of even angels.

The Three Kinds of Islamic Legal Punishments

Before we proceed with the details of the Islamic legal punishments for robbery and theft mentioned in the verses cited above and present our explanations of the particular verses, it seems appropriate to clarify the Islamic legal terminology concerning these punishments - a lack of familiarity with which causes even educated people to fall in doubts. Under all common laws of the world, punishments for crimes are considered penalties in an absolute sense, irrespective of the crime concerned. Law books like the Indian Penal Code, Pakistan Penal Code and some others in other countries are comprised of all sorts of crimes and their punishments. But, in the Shari'ah of Islam, things work differently. Here, the punishments of crimes have been divided into three kinds. These are: Hudud (Islamic legal punishment delimited as Divine Statute; plural of Hadd), Qisas (Even Retaliation) and Ta` zirat (Penalties; plural of Ta` zir). Before we move on to define these three kinds and explain their sense, it will be useful to bear two things in mind.

Firstly, it is necessary to know that crimes which bring harm or loss to a human being inflict injustice not only on the created but also cause disobedience to the Creator. Therefore, in every crime of this nature, the Right of Allah (Haqqullah) and the Right of the Servant of Allah (Haqqul ‘Abd) are intermingled, and one becomes guilty of both crimes. But, in some crimes, the status of the Right of the Servant of Allah is more important while, in some others, the status of the Right of Allah is more prominent. As for the modus operandi in religious in-junctions, it rests on this status of predominance.

Secondly, it is also necessary to know that the Shari'ah of Islam has not determined any yardstick for crimes other than those which are special. Instead, it has left it to the discretion of the Qadi (the Judge of an Islamic Court) who could award and enforce the kind and amount of punishment deemed necessary to plug out the incidence of crime keeping in view the objective conditions prevailing in whatever time, place and circumstance it may be. It is also possible that the Islamic state of any time and any place may, with due consideration of Islamic legal percepts, restrict the rights of the Qadis in some manner and make them abide by a particular measure of punishment for crimes - as has been the practice in the later centuries of Islam, and as it nearly is the prevailing practice in most countries.

Let us now understand that crimes for which the Qur'an and Sunnah have not fixed any punishment, instead, have left it to the discretion of the relevant authorities, are the kind of punishments which are called "Ta` zirat" (penalties) in the terminology of the Shari'ah of Islam. As for the punishments of crimes already fixed by the Qur'an and Sunnah, they are divided over two kinds. Firstly, those in which the Right of Allah has been declared to be predominant and the punishment for which is known as "Hadd," the plural of which is "Hudud." Secondly, those in which the Right of the Servant of Allah has been accepted as predominant in accordance with the Shari'ah of Islam and the punishment for which is called the "Qisas" (Even Retaliation). As for the description of Hudud and Qisas, the Holy Qur'an has itself explained it in full details. The details of the remaining penal offences have been left to the judgment of the Holy Prophet a1ii and to the discretion of the relevant ruling authority of the time.

In short, we can say that the punishment of crimes which the Holy Qur'an has promulgated after having determined it to be the Right of Allah is called the "Hudud," and that which it has ordained as the Right of the Servant of Allah is known as "Qisas," and crimes the punishment of which has not been determined by it are called, "Ta` zir." The injunctions of these three kinds differ in many respects. Those who take the punishment of every crime as "Ta` zir" on the basis of their own customary usage - and do not keep the difference of Islamic legal terminology in sight - make frequent errors of judgment in un-derstanding Islamic legal injunctions.

As for the punishment of penal offences (Ta` zir), they can be made the lightest, the heaviest, or could even be pardoned, all depending on attending circumstances. Here, the powers and options of the relevant authorities are wide. But, when it comes to Hudud, no Amir or government or ruler or head of state is permitted to make the least change, alteration, reduction or increase in it. Neither does a change in time and place affect it in any manner nor does the Amir or chief executive of the government have the right to waive or pardon it.

There are only five "Hudud" in the Shari’ ah of Islam. These are the punishments for (1) Robbery, (2) Theft, (3) Adultery, (4) False Accusation of Adultery. These punishments have been mentioned in the Holy Qur'an clearly and categorically (Mansus). The fifth Hadd is that of drinking wine which stands proved on the basis of a consensus (Ijma`) of the noble Companions of the Holy Prophet ﷺ . Thus, the punishments of a total of five crimes stand fixed here. These are called the "Hudud." The way no Amir or ruler can reduce or pardon these punishments, very similarly, even an act of repentance cannot bring about an amnesty for the criminal as far as the punishment due in this mortal world is concerned. Of course, the sin bound to bring punishment in the Hereafter does get to be forgiven through sincere repentance leaving at least that account in the clear. Out of these, there is only one punishment, that of robbery, in which there is an exception, that is, if the robber repents before being arrested and his conduct in dealings proves his repentance to be satisfactory, only then, this "Hadd" will stand dropped. Repentance after arrest is not valid with regard to the worldly punishment. Other than this, the remaining Hudud do not get to be forgiven in this world even by repentance - whether this repentance comes before the arrest or after it. In matters relating to penal offences (Ta'zirat) recommendations could be heard as warranted by a relevant right. In the Hudud of Allah (punishment under Divine right) even the making of a recommendation is not permissible, and equally impermissible is its hearing too. The Holy Prophet has prohibited it strictly. The punishments under Hudud are generally strict. The law of their enforcement is also strict as nobody has been permitted to make any additions or subtractions in them under any circumstances, nor can they be waived or forgiven by anyone. Along with this strict stance maintained in punishment and law, when it comes to some moderation of matters, equally stringent conditions have been imposed regarding the completion of the crime as well as the completion of the proof of the crime. Should even a single, condition out of these be found missing, the Hadd stands dropped. In fact, even the least doubt found in the proof will cause the Hadd to be dropped. In this matter, the established law of Islam is: اَلحُدُودُ تَندَرِءُ بالشُّبھَاتِ that is, Hudud are dropped in case of doubt.

At this point, let us also understand that in cases where the Islamic legal punishment (Hadd) is dropped because of a doubt or absence of some condition, it is not necessary that the criminal would go scot-free only to become more daring in later crimes. Instead of that, the relevant ruler would award the penal punishment to him as due in his case. The penal punishments (Ta` zirat) of the Shari` ah are generally physical which, being lesson-oriented, have a complete system of blocking and eradicating crimes. Suppose, only three witnesses were found to attest to the proof of adultery (Zina), and the witnesses are upright and trustworthy about whom the doubt that they would lie cannot be entertained. But, according to the Islamic legal norm, the Islamic legal punishment will not be enforced against the offender be-cause of the absence of the fourth witness. However, it does not mean that the offender will be allowed to walk out free of any obligation, lesson or penalty. The ruler of the time would, rather, award an appropriate penal punishment to him which would be in the form of lashes. Or, take the example of the punishment for theft. If there remains any shortfall or doubt in conditions fixed as the required proof of theft, the Islamic legal Hadd punishment of cutting hands cannot be en-forced on the accused. This does not mean that the accused goes all untouched and free. On the contrary, other penal punishments will be given to him as warranted in his case.

The Punishment of Qisas (Even Retaliation)

Like Hudud, the punishment of Qisas has also been fixed in the Qur'an, that is, life be taken for life and wounds be retaliated by even wounds. But, the difference is that Hudud have been enforced as the Right of Allah (Huququllah). It means that should the holder of the right elect to forgive the offence, it will not be forgiven, and the Hadd will not be dropped. For example, should the person whose property has been stolen were to forgive the thief, the Islamic prescribed punishment for theft will not stand forgiven on that count. This is con-trary to the case of Qisas where the Qur'an and Sunnah have declared the status of the Right of the Servant of Allah (Haqqul-‘Abd) as pre-dominant. This is why the accused killer, after the crime of killing has been proved legally, is handed over to the guardian (Wali) of the person killed who can, at his discretion, take Qisas and have him killed, or forgive him, if he so wishes. Similar to this is the case of Qisas in cases of wounds.

You already know that Hudud and Qisas when dropped do not let the criminal go unscathed, the ruler of the time having the power and discretion to award the amount and kind of penal punishment (Ta` zir) considered appropriate. Therefore, it should not be doubted that, in the event the criminal charged with homicide were to be set free after having been forgiven by the guardian of the person killed, killers would be encouraged and cases of homicide would become common. This doubt is unfounded because taking the life of the person who had killed was the right of the guardian of the person who was killed - and he surrendered it by forgiving. But, providing the security of life for other people is the right of the government. It can, to protect this right, sentence the killer for life or give him some other punishments in order to offset the danger posed by such a person to the lives of other people.

The Explanation of Ay-at and Details of Hudud

Upto this point, we have dealt with necessary information about the terminology of Islamic Legal Punishments of Hudud, Qisas and Ta` zirat. We can now move to the explanation of verses which carry in-junctions about then) and which would also include a detailed discussion of Hudud. The first verse (33) begins by stating the punishment of those who fight against Allah and His Messenger and go about spreading disorder in the earth. For the sake of clarity, let us consider two things at this stage.

1\. What does ` fighting' (Muharabah) against Allah and His Messenger and spreading disorder in the earth mean, and to whom does this apply? The word, Muharabah is derived from حَرب Harb and intrinsically means to wrest or snatch away. In Arabic usage, it is used against Salm which means peace and security. Thus, we can see that, the sense of Harb (fight) is the spreading of disorder. It is obvious that rare incidents of theft or killing and plundering do not cause public peace to be disturbed. In fact, this happens only when a powerful and organized group stands up to carry out acts of robbery, killing and plundering. Therefore, according to Muslim jurists, the punishment contemplated in this verse is meant for a group or an individual who robs people and breaks the law of the land by the force of arms. This will not include those who indulge in common individual crimes such as thieves and pick-pockets. (Tafsir Mazhari)

2\. The second point worth noticing in this verse is that ` Muharabah' (fighting) of the criminals is said to be against Allah and His Messenger, though the confrontation or fighting waged by robbers and rebels is apparently against human beings. The reason is that a powerful group when it elects to break the Law given by Allah and His blessed Messenger with force, it is really at war with the government, even though they are obviously carrying out their aggression against common human beings. But, when the government itself is Islamic, a government which subscribes to and enforces the Law of Allah and His Messenger, this act of ` fighting' (Muharabah) will invariably be regarded as being ` against' Allah and His Messenger.

In short, the punishment mentioned in the first verse (33) applies to robbers and rebels who ruin public peace by attacking with armed group force and break the law of the land openly. As obvious, this could appear in many forms. So, everything from aggression against property and honour to killing and bloodshed is included within its sense. It is from here that we find out the difference between Muqatalah and Muharabah. Muqatalah refers to a bloody fight, though with actual killing or without, and though property is also looted as an adjunct. The word, Muharabah is used in the sense of spreading disorder by employing force and causing the destruction of public peace and safety. Therefore, this word is particularly used to denote high-handed and group-led intrusion into anything relating to the life, property and honour of people which is called highway looting, robbery and rebellion. The punishment for this crime has been fixed by the Holy Qur'an itself when it enforced it as the Right of Allah which, in a manner of saying, was a crime against the ultimate authority. In the terminology of the Shari'ah, it is called the Hadd. Let us now find out the Islamic prescribed punishment for dacoity and highway robbery. In the present verse (33), four punishments for highway robbery have been mentioned: أَن يُقَتَّلُوا أَوْ يُصَلَّبُوا أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْ‌جُلُهُم مِّنْ خِلَافٍ أَوْ يُنفَوْا مِنَ الْأَرْ‌ضِ : That they shall be killed off or be crucified or their hands and legs be cut apart from different sides or they be kept away from the land (they live in).

In the first three punishments, the words used belong to a particular from of verb called "Bab al-Taf’ il" which are emphatic and denote repetition and intensity of the respective acts. The added use of the plural form gives the hint that their being killed or crucified or amputated is not like common punishments where punishment is given only to one individual who has provenly committed a crime. The situation here is rather different when the whole group of robbers will be awarded the punishment by being killed or crucified or amputated, even though the actual crime was committed only by one single individual of the group. Another hint given here indicates that this killing, crucification and amputation is not in the form of Qisas which could stand pardoned after having been forgiven by the guardians of the person killed. Instead, this Islamic Legal Punishment (Hadd) has been enforced as the Right of Allah (Haqqullah) and the punishment will not be pardoned legally even if the people who have suffered were to fore-go and forgive. These two rulings were arrived at by the text's choice of the particular grammatical form (Babut-Tafil) of the first three words of the verse. (Tafsir Mazhari and others)

These four punishments for highway robbery have been introduced by using the word: اَو : ` Aw,' which is also employed to give choice in a few things and for a division in allotment of jobs too. Therefore, a group of Sahabah, Tabi` in and jurists of the Muslim Ummah, by taking the word, ` Aw,' in the sense of choice, has taken the position that the Imam or Amir or the ruler has been legally given the choice to award all four punishments, or any one of them as suitable in their cases, of course, after an assessment of the power and terror of the robbers and the gravity or negligibility of their crimes. This is the view held by Sayyidna Said ibn al-Musaiyyib, Sayyidna 'At-a', Dawud, Hasan al-Basri, Dahhak, Nakh` ii and Mujahid as well as that of Imam Malik from among the Four Imams. On the other hand, Imam Abu Hanifah, Imam Shafi` i, Imam Ahmad ibn Hanbal رحمۃ اللہ علیہم and a group of Sahabah and Tabi` in have taken the word, Aw' in the sense of division of work. Thus, according to them, the sense of the verse is that there are different punishments which can be applied to various conditions of high-way robbers and highway robberies. This position is also supported by a hadith where, based on a narration from Sayyidna Ibn ` Abbas ؓ ، it has been reported that the Holy Prophet ﷺ had entered into a peace treaty with Abu Burdah Aslami. He broke the treaty when he robbed some people going to Madinah to embrace Islam. Pursuant to this episode, Sayyidna Jibra'il (علیہ السلام) came with an injunction for punishment. The injunction stipulated that whoever killed, and looted prop-erty as well, should be crucified; and whoever killed, but did not loot, should be killed; and whoever looted, but did not kill anyone, should have his hands and legs cut apart from different sides; and whoever from them embraces Islam should have his crime pardoned; and whoever did not kill or plunder but restricted himself to scaring people, which caused a breach of public peace, should be exiled. If these people have killed a Muslim or non-Muslim citizen of Dar al-Islam - but, did not loot property - their punishment is أَن يُقَتَّلُوا that is, all of them should be killed, even though the act of killing was directly carried out by some of them only. And if they killed and looted both, their punishment is : يُصَلَّبُوا that is, they should be crucified. The form it should take is that they be hanged alive, then their stomach be slit with a spear or something else. And if they have participated in looting only and have not killed anyone, their punishment is :

أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْ‌جُلُهُم مِّنْ خِلَافٍ , 'that is, their right hands be cut apart from the wrists and their left legs from the ankles. Here too, though this act of looting may have been performed directly only by some of them, yet the punishment will remain just the same for all of them, because whatever the doers of the act did, they did it with their trust in the cooperation and assistance of their accomplices, therefore, all of them are partners in the crime. And if they had yet to commit the crime of killing or plundering while they were arrested beforehand, their punishment is : أَوْ يُنفَوْا مِنَ الْأَرْ‌ضِ that is, they be kept away from the land they live in.

The sense of ` keeping away' or turning out from the land, according to a group of Muslim jurists, is that they should be turned out from Dar al-Islam. Some others say that they should be turned out from the place where they have committed the crime of robbery. In cases like this, Sayyidna ` Umar al-Faruq ؓ gave the verdict that should the criminal be turned out from one place and left to roam free in other cities, he was bound to harass the people there. Therefore, let a criminal like this be locked in a prison. This will become his ` keeping away' or turning out from the land for he cannot go and walk any-where. Imam Abu Hanifah has adopted this very view.

As for the question that armed attacks of this kind these days are no more restricted to looting of property or killing and bloodshed alone for there are frequent instances of raping and kidnapping women as well. So, if the statement of the Qur'an : وَيَسْعَوْنَ فِي الْأَرْ‌ضِ فَسَادًا (and run about trying to spread disorder in the earth) were to be taken as inclusive of such crimes, what punishment would they deserve? Here, apparently the Imam or Amir or the ruler will have the option of enforcing whichever of the four punishments he deems fit in their case; and in the event that he does find the necessary proof of adultery as admitted by the Shari’ ah of Islam, he would enforce the Hadd punishment for Zina (adultery) as well.

Similarly, if the position is that no one was killed, no property was looted, but, some people did receive wounds at their hands, then, they would be subjected to the law of Qisas (Even Retaliation) against the inflicting of wounds. (Tafsir Mazhari)

Towards the end of the verse (33), it was said: ذَٰلِكَ لَهُمْ خِزْيٌ فِي الدُّنْيَا ۖ وَلَهُمْ فِي الْآخِرَ‌ةِ عَذَابٌ عَظِيمٌ that is, the Islamic Legal Punishment to which they have been subjected here is humiliation for them in this world and certainly a token of punishment. As for the punishment of the Akhirah, that is much harsher and more lasting. This tells us that the punishments of Hudud, Qisas or Ta` zirat in this mortal world do not lead on to the forgiveness of punishments due in the Akhirah unless the person sentenced repents and makes a genuine Taubah, following which he could hope to have the punishment of Akhirah forgiven.

The greatest achievement for a man is his nearness to God. This nearness in its real and perfect shape will be his in the Hereafter. However, when a man’s righteous action brings him nearness to God, he experiences this in this world purely in the form of heavenly feeling. The way to attain this nearness is through becoming a true worshipper of God, and through struggling to make efforts for His cause.