Tafsir of Surah Al-Ma'idah - Verse 45

وَمَن لَّمْ يَحْكُم بِمَآ أَنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الْكَـفِرُونَ

(And whosoever does not judge by what Allah has revealed, such are the disbelievers.) because they rejected Allah's command with full intention and with transgression and rebellion. In this Ayah, Allah said,

فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ

(such are the unjust.) because they did not exact the oppressed his due rights from the oppressor in a matter which Allah ordered that all be treated equally and fairly. Instead, they defied that command, committed injustice and transgressed against each other.

A Man is Killed for a Woman Whom He Kills

Imam Abu Nasr bin As-Sabbagh stated in his book, Ash-Shamil, that the scholars agree that this Ayah 5:45 should be implemented, and the Imams agree that the man is killed for a woman whom he kills, according to the general indications of this Ayah. A Hadith that An-Nasa'i recorded states that the Messenger of Allah ﷺ had this statement written in the book that he gave `Amr bin Hazm,

«أَنَّ الرَّجُلَ يُقْتَلُ بِالْمَرْأَة»

(The man is killed for the woman (whom he kills).) In another Hadith, the Messenger ﷺ said,

«الْمُسْلِمُونَ تَتَكَافَأُ دِمَاؤُهُم»

(Muslims are equal regarding the sanctity of their blood.) This is also the opinion of the majority of the scholars. What further supports what Ibn As-Sabbagh said is the Hadith that Imam Ahmad recorded that Anas bin Malik said, "Ar-Rabi` (his aunt) broke the tooth of a girl, and the relatives of Ar-Rabi` requested the girl's relatives to forgive (the offender), but they refused. So, they went to the Prophet who ordered them to bring about retaliation. Anas bin An-Nadr, her brother, asked, `O Allah's Messenger! Will the tooth of Ar-Rabi` be broken' The Messenger of Allah ﷺ said, `O Anas! The Book of Allah prescribes retaliation.' Anas said, `No, by Him Who has sent you with the Truth, her tooth will not be broken. ' Later the relatives of the girl agreed to forgive Ar-Rabi` and forfeit their right to retaliation. The Messenger of Allah ﷺ said,

«إن من عباد الله من لو أقسم على الله لأبره»

(There are some of Allah's servants who, if they take an oath by Allah, Allah fullfils them.)" It was recorded in the Two Sahihs.

Retaliation for Wounds

Allah said,

وَالْجُرُوحَ قِصَاصٌ

(and wounds equal for equal.) `Ali bin Abi Talhah reported that Ibn `Abbas said, "Life for life, an eye for an eye, a nose, if cut off, for a nose, a tooth broken for a tooth and wounds equal for wound." The free Muslims, men and women, are equal in this matter. And their slaves, male and female, are equal in this matter. And this ruling is the same regarding intentional murder and lesser offenses, as Ibn Jarir and Ibn Abi Hatim recorded.

An Important Ruling

The retaliation for wounds should not be implemented until the wounds of the victim heal. If retaliation occurs before the wound heals, and then the wound becomes aggravated, the victim will have no additional rights in this case. The proof for this ruling is what Imam Ahmad narrated from `Amr bin Shu`ayb, from his father, from his grandfather that a man once stabbed another man in his leg using a horn. The victim came to the Prophet asking for retaliation, and the Prophet said,

«حَتَّى تَبْرَأ»

(Not until you heal.) The man again came to the Prophet and asked for equality in retaliation and the Prophet allowed him that. Later on, that man said, "O Messenger of Allah! I limp now." The Messenger ﷺ said,

«قَدْ نَهَيْتُكَ فَعَصَيْتَنِي، فَأَبْعَدكَ اللهُ وَبَطَلَ عَرَجُك»

(I had asked you to wait, but you disobeyed me. Therefore, Allah cast you away and your limp has no compensation.) Afterwards, the Messenger of Allah ﷺ forbade that the wound be retaliated for until the wound of the victim heals. If the victim is allowed to retaliate for his wound caused by the aggressor and the aggressor dies as a result, there is no compensation in this case, according to the majority of the Companions and their followers.

The Pardon is Expiation for Such Offenses

Allah said,

فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ

(But if anyone remits the retaliation by way of charity, it shall be for him an expiation.) `Ali bin Abi Talhah reported that Ibn `Abbas commented that

فَمَن تَصَدَّقَ بِهِ

(But if anyone remits the retaliation by way of charity) means; "If one pardons by way of charity, it will result in expiation for the aggressor and reward for the victim." Sufyan Ath-Thawri said that `Ata' bin As-Sa'ib said that Sa`id bin Jubayr said that Ibn `Abbas said, `He who pardons the retaliation by way of charity, it will be an expiation for the aggressor and a reward for the victim with Allah." Ibn Abi Hatim recorded this statement. Jabir bin `Abdullah said that Allah's statement,

فَمَن تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَّهُ

(But if anyone remits the retaliation by way of charity, it shall be for him an expiation,) "For the victim." This is also the opinion of Al-Hasan Al-Basri, Ibrahim An-Nakha`i and Abu Ishaq Al-Hamdani. Imam Ahmad recorded that `Ubadah bin As-Samit said, "I heard the Messenger of Allah ﷺ saying,

«مَا مِنْ رَجُلٍ يُجْرَحُ مِنْ جَسَدِهِ جَرَاحَةً فَيَتَصَدَّقُ بِهَا، إِلَّا كَفَّرَ اللهُ عَنْهُ مِثْلَ مَا تَصَدَّقَ بِه»

(Any man who suffers a wound on his body and forfeits his right of retaliation as way of charity, then Allah will pardon him that which is similar to what he forfeited.) An-Nasa'i and Ibn Jarir recorded this Hadith. Allah's statement,

وَمَن لَّمْ يَحْكُم بِمَآ أنزَلَ اللَّهُ فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ

(And whosoever does not judge by that which Allah has revealed, such are the unjust.) Earlier we mentioned the statements of `Ata' and Tawus that there is Kufr and lesser Kufr, injustice and lesser injustice and Fisq and lesser Fisq.

In the second verse after that (45), there is a description of the injunctions of Qisas (Even Retaliation) with a particular reference stressing that ` We had revealed these injunctions in the Torah.' The words of the text are:

وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالْأَنفَ بِالْأَنفِ وَالْأُذُنَ بِالْأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُ‌وحَ قِصَاصٌ

` We had revealed in the Torah this injunction of Qisas for the Jews that there will be life for life, eye for eye, nose for nose, ear for ear, tooth for tooth; and for wounds an equal retaliation.'

It will be recalled that the case of Banu Qurayzah and Banu Nadir was brought before the Holy Prophet ﷺ . Counting on their power, Banu Nadir had compelled the weaker Banu Qurayzah to agree to their oppressive conditions which stipulated that should a man from Banu Qurayzah kill a man from Banu Nadir, they will have to pay two penalties. The Qisas of life for life will be taken as well as the blood money will have to be paid. If the case was the reverse, that is a man from Banu Nadir kills a man from Banu Qurayzah, then, there will be no Qisas; only blood money will be paid but that too will be half of what Banu Nadir were entitled to.

In this verse, Allah Almighty has exposed the lie of these people by pointing out that the injunctions of equality in Qisas (retaliation) and Diyat (blood money) exist in the Torah too. at these people are doing is considered avoidance and that they bring their case to the Holy Prophet ﷺ for a decision as alleged is no more than a ruse to find an excuse.

At the end of the verse it was said: وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّـهُ فَأُولَـٰئِكَ هُمُ الظَّالِمُونَ (And whoever does not judge by what Allah has sent down, then, they are the unjust.) It means that people who do not take the injunctions of Allah binding and who do not decide matters in accordance with them, are dissenters to the Divine commandment, its rejectors and rebels. They are unjust. The third verse (46) begins with the mention of the coming of Sayyidna ` Isa (علیہ السلام) who was sent to confirm the previous Scripture, that is, the Torah. Mentioned after that is the Injil because that too, like the Torah, is guidance and light.

In connection with justice (and the relevant penal action) it is the requirement of the Islamic law that its rules should be enforced without any individual’s status being taken into account. However, sometimes a man’s violence is not the result of his mischievous intent, but occurs accidentally under the influence of emotional stress. Under such circumstances, if the victim of violence pardons the perpetrator of violence, that will be deemed an act of magnanimity towards the latter and will contribute to creating an atmosphere of broad-mindedness in society.