اتِّبَاع

2:195; 5:46.

Important Words:

قصاص (retaliation) is derived from قص. They say قصه i.e. (1) he cut it (hair, etc.), or be clipped it; (2) he followed him closely or followed in his footsteps; and (3) he described or narrated it. قاص الرجل means, he did with the man the like of that which he did to him; he retaliated on him for the wrong done to him. اقص الامیر زیدا من بکر means, the Amir retaliated upon Bakr for the wrong he had done to Zaid. قصاص therefore, means, retaliation, by slaying for slaying, and wounding for wounding, etc. (Aqrab) or the following up of a murder or an injury with a view to retaliating or punishing (Mufradat).

القتلی (the slain) is the plural of قتیل in the sense of مقتول i.e. a murdered person (Aqrab).

الحر (freeman) is derived from حر meaning: (1) he was free-born; (2) he was of good and noble origin. حرالارض means, the best portion of land. Thus الحر means; (1) a freeman, opposite of slave or captive; (2) a noble person; (3) the good and pure portion of a thing (Aqrab).

Commentary:

This verse comprises a very important principle of civil law, i.e. equality of man and necessity of awarding proportionate punishment to all offenders without distinction, unless an offender is forgiven by the relatives of his victim under circumstances that are expected to lead to improvement and betterment of conditions.

The words کتب علیکم i.e. "is prescribed for you" show that retaliation for the slain is not simply permissible but is obligatory. Failure to inflict the punishment prescribed by Law on the offender would be tantamount to a violation of the commandment. The duty, however, of punishing the culprit does not devolve on the heirs of the murdered person but, as the plural number of the expression علیکم (for you) shows, on the authorities responsible for the maintenance of law and order. But, as the singular number of the expression اخیه (one’s brother) shows, the former have been given the option to forgive. The clause, therefore, means that on the one hand the concerned authorities are bound to punish the offender according to the requirements of law, having no right to pardon him of their own accord, and on the other hand the heirs of the murdered person are not entitled to take the law into their own hands and inflict the punishment on the guilty person themselves.

The verse under comment makes no distinction between different classes of persons in connection with the law of retaliation. The words used are of a general nature and apply to all offenders who might be guilty of murder, no matter of what rank or station in life or of what religion. Any person, irrespective of his caste or creed and irrespective of his station, must be put to death for the murder of any other person, unless pardoned by the relatives of the victim and unless the pardon has the sanction of the authorities. The sayings of the Holy Prophet are explicit on this point (Majah, ch. on Diyat).

There is indeed a saying of the Holy Prophet to the effect that a Muslim should not be put to death for killing a disbeliever. But this saying, read in conjunction with several others bearing on the same subject and interpreted in the light of the relevant Quranic verses, forces us to the conclusion that the word "disbeliever" in the tradition referred to above is not general but means only a حربی کافر i.e. such disbeliever as belongs to a people who are at war with the Muslims or, in other words, one who is a member of a belligerent community. In fact, the Companions of the Holy Prophet are all agreed that a Muslim may be put to death for murdering a non-belligerent unbeliever (Tabari, v. 44). The Holy Prophet himself ordered a Muslim murderer to be put to death for the murder of a non-belligerent non-Muslim (Qutni).

The expression, the freeman for the freeman and the slave for the slave and the female for the female, does not mean that a freeman should not be punished with death for the murder of a slave or that a woman should not be put to death for killing a member of the opposite sex, etc. The other verses of the Quran as well as the sayings and the practice of the Holy Prophet clearly establish the fact that the social position of a person or the sex of a party was never considered a bar to the application of this law. The peculiar construction, i.e. "the freeman for the freeman," etc. has been adopted here to refer to, and abolish, a custom of the Arabs whereby they used to take into consideration the sex and the social status of the murderer and the murdered person when determining punishment. If a man of high social position happened to kill a man of humble position, or if the slave of a great man killed that of a humble man, or if a lady of noble birth murdered a woman of humble origin, etc. the murderer was not punished with death, leniency being shown to him or her in sundry other ways as well. The commandment contained in this verse seeks to abolish that obnoxious custom of the Arabs and lays down in clear and unmistakable terms that no regard should be paid to the status of the murderer in the matter of retaliation.

In fact, the law of retaliation, as stated in this verse, is confined to the clause, equitable retaliation in the matter of the slain is prescribed for you, which forms a complete sentence in itself, giving a full and complete meaning. The ensuing expression, the freeman for the freeman and the slave for the slave and the female for the female, is something extra, not forming part of the law. It only contains a repudiation of the Arab custom referred to above and illustrates, by giving three instances, how the law is to be administered. Such an expression is known as جملة استینا فیه or جملة مستانفه in Arabic grammar, and is technically introduced with a view to answering a question which is suggested by the preceding clause to which it is added without any intervening conjunction. The question answered in such an expression is often understood and not expressed (Mukhtasar).

The sayings of the Holy Prophet and his practice also support the above interpretation, for it is on record that he once ordered a woman to be put to death for murdering a man (Muslim), and on another occasion he commanded that a freeman be put to death for the murder of a slave. Says the Holy Prophet: "Whoever kills his slave shall be put to death" (Majah). At another place he says: "The blood of all Muslims is alike in respect of the law of retaliation" (Nasa’i).

The words, if one is granted any remission by one’s brother, show that the infliction of capital punishment is not obligatory in all cases; for in special circumstances the murderer can be exempted from the extreme punishment by the heirs of the murdered person. Such exemption, which may be termed partial as the word شیء (any) indicates, means that the heirs of the deceased may renounce their right to have the murderer put to death and may in place of that receive from him blood money. Or as the Holy Prophet has made it clear, the heirs may, in exceptional cases and with the sanction of the authorities, even grant full pardon, remitting blood-money as well (Musnad & Baihaqi).

It is worthy of note that where the Quran speaks of remission, it uses the word "brother" instead of "heir of the murdered person". This is to hint to the heir of the slain person that he should, as far as possible, take a lenient view of the offence. On the other band, the murderer is also enjoined to pay blood money with good grace and without undue delay.

The concluding clause, i.e. whoso transgresses thereafter, for him there shall be a grievous punishment, is meant to point to the fact that if, after the matter has been amicably settled and the murderer granted a remission by the heirs of the murdered person, the heirs should take it into their heads to wreak vengeance on the murderer by killing him, they will be shown no mercy and will get capital punishment. Says the Prophet: "I will allow no remission in case of one whokills the murderer after he has accepted blood money from him" (Jarir).

The Islamic law of قصاص (retaliation), as briefly stated above, provides a very effective and practical means to put a stop to murder and safeguard human life. A man who shows a callous disregard for the life of a fellow person, loses his title to live as a member of human society. The option to pardon allowed to the heirs of the slain person should not be regarded as likely to encourage murder, for such option is not synonymous with exemption from punishment, as in ordinary circumstances the murderer will have to pay the blood money. Moreover, the would-be murderer possesses no means to know that the heirs of the person whose murder he contemplates will actually be persuaded to pardon him; so the fear of capital punishment will always be there to deter him from the commission of the crime. Again, pardon or remission is permissible only where the circumstances are such that pardon or remission is likely to improve matters and bring about good results for all parties concerned (42:41). Thus, while on the one hand, Islam has made due provision for the suppression of crime, it has, on the other, kept open the door for the display of the noble qualities of benevolence and mercy.

The way in which the Quran has upheld the ultimate necessity of the death penalty is indeed most significant. At the time when the Quran was revealed, people exacted retaliation for an injury done to them with a vengeance. They were not satisfied even with inflicting capital punishment on the murderer, to say nothing of pardoning him. They needed no incentive to retaliation. They were already overdoing it. In fact, the Islamic law of retaliation, viewed in the light of the circumstances prevailing at the time of its revelation, implied a prophecy that a time would come when people would go to the other extreme and a movement for the total abolition of capital punishment would be set on foot. So the Omniscient God laid down the law of retaliation in a form that is indispensable for the preservation and protection of human life, as well as the promotion of harmony and goodwill.

To prevent crime, Islam really aims at eliminating the conditions that produce it. It seeks to remove the very root-cause of all crime by working a complete moral reformation in man. But it does not remain content with that. It also prescribes deterrent laws in conformity with the dictates of reason, justice and humanity. The fact that, despite efforts to the contrary, the death penalty is still found on the Statute Books of most countries in one form or another, constitutes a sufficient proof of the wisdom of the Islamic teaching. As a matter of fact, even the most enthusiastic protagonists of the abolition of capital punishment have not yet been able to suggest a suitable alternative to it. They have had to admit that a long term of imprisonment as an alternative is "horrible" and is "not an ideal substitute" (Capital Punishment in the Twentieth Century by E. Roy Calvert, G. P. Putnam, London, 1930). The law of retaliation still remains the most effective deterrent to crime and an essential method to satisfy the demands of justice; and the Islamic Law takes a further step to bring about reconciliation between the offender and the aggrieved party.

10:37; 53:29.

Important Words:

ماقتلوہ (they slew him not). قتله means, he slew him by striking him with a sword or with a stone or by poison or by any other means. See also 2:62 & 4:158.

ماقتلوہ یقینا (they did not convert this conjecture into certainty) is a peculiar Arabic idiom. The Arabs say قتل الشیء خبرا (lit. he killed the thing with certainty of knowledge and proper examination), i.e. he acquired full and thorough knowledge of the thing so as to dispel all possibility of doubt. So the words ما قتلوہ یقینا would mean, their knowledge regarding it was not comprehensive, or they did not know it for certain that he had been killed, or they did not convert this (conjecture of theirs) into certainty, meaning that they were not sure and they did not make sure whether Jesus died on the cross or not. In this case, the pronoun in قتلوہ would refer to the noun ظن (a conjecture) immediately preceding it (Lane, Aqrab, Mufradat & Lisan).

In plain English, the words would mean that their knowledge about the death of Jesus on the cross was not so full and comprehensive as to have attained the stage of certainty. The expression may also mean that they certainly did not slay him or that they did not kill him as a certainty, i.e. they did not execute him in such a way as definitely assure themselves that life had indeed become extinct in him.

ما صلبوه (nor crucified him). The word صلبوا is from the root صلب. They say صلب الشیء i.e. he burned the thing. صلب العظامmeans, he extracted the marrow out of the bones. صلب اللص means, he crucified the thief, i.e. he put him to death in a certain well-known manner (Lane & Aqrab). In crucifixion one was nailed to a framework made in the form of a cross and, being kept without food and drink, slowly died of pain, hunger, fatigue and exposure.

شبه لھم (he was made to appear to them like one crucified). شبھه إیاہ means, he made it or him to be like it or him, or he made it or him to resemble it or him. شبه علیه الامر means, the matter was rendered confused, obscure or dubious to him. شبه علیه الامرmeans, he rendered the matter confused to him (by making it to appear like some other thing); he rendered it confused, obscure or dubious to him (Lane & Aqrab).

Commentary:

This and the preceding verse mention two main objections of the Jews against Jesus: (1) his alleged illegitimate birth, and (2) his supposed death on the cross which, according to Jewish Law, was an accursed death (Deut. 21:23). The words, We did kill the Messiah, Jesus, Son of Mary—the Messenger of Allah, are spoken ironically and tauntingly, meaning, "we have killed Jesus who posed as the Messiah and a Messenger of God."

The argument of the Jews was that because Jesus died on the cross, he could not be a true Prophet according to Jewish Law. The inference was based on their sacred Scriptures; for, according to the Bible, he who is hanged is accursed of God, and a false Prophet shall meet with destruction. Says the Bible: "His body shall not remain all night upon the tree, but thou shalt in any wise bury him that day; (for he that is hanged is accursed of God) that thy land be not defiled, which the Lord thy God giveth thee for an inheritance' (Deut. 21:23). Again: "My hand shall be upon false prophets that see vanity, and that divine lies" (Ezek. 13:9). Again: "Therefore thus saith the Lord concerning the prophets that prophesy in My name, and I sent them not, yet they say, Sword and famine shall not be in this land, by sword and famine shall those prophets be consumed" (Jer. 14:15).

On the strength of such verses of the Bible, the Jews claimed that, as Jesus had been crucified and met with destruction, he could not be a true Prophet of God, but was a false claimant and an accursed one.

Regarding the charge about the alleged death of Jesus by crucifixion, the Quran says that the act of crucifixion having not been completed, and Jesus having been taken down alive from the cross, the charge carries no weight. It should, however, be noted that the Quran does not deny the mere hanging of Jesus on the cross; it only denies his death on it.

Two different views prevail among the Jews regarding Jesus’ alleged death by crucifixion. Some of them hold that Jesus was first killed and then his dead body was hung on the cross, while others are of the view that he was put to death by being fixed to the cross. The former view is reflected in Acts, 5:30 where we read "which ye slew and hanged on a tree." The Quran refutes both these views by saying, they slew him not, nor crucified him. The words may also signify that the Quran first rejects the slaying of Jesus in any form, and then proceeds to deny the particular way of killing by hanging on the cross.

The verb شبه (in the passive voice) means, he was made to appear like, or was made to resemble. Now the question arises, who is the person who was made to appear "like one crucified." Clearly, it was Jesus whom the Jews tried to crucify or slay. Nobody else can be meant here, for there is absolutely no reference to any other person in the context. Hence, the theory invented by certain commentators that Judas or somebody else was made to appear like Jesus and was then crucified in his place is simply absurd. The context cannot be so twisted as to make room for somebody else of whom no mention at all is made in the verse.

To what then was Jesus made like? The context provides a clear answer to that question. The Jews did not kill him by crucifixion, but he was made to appear to them like "one crucified", and thus it was that they wrongly took him for dead. It was thus Jesus who was made to resemble "one crucified." This interpretation is not only in perfect harmony with the context, but is also clearly borne out by all relevant facts of history.

The second meaning of the expression شبه لھم is, as explained under Important Words, that "the matter became confused to them." This interpretation is also clearly borne out by history; for, although the Jews asserted that they had put Jesus to death by suspending him on the cross, they were not sure of it and the circumstances being obscure, the matter had certainly become confused to them. The fact that the Jews themselves were not sure whether Jesus had actually died on the cross is supported by the Bible and by all authentic historical facts.

The statements made in this verse are clearly substantiated by the following facts narrated in the Gospels:

(1) Jesus had himself predicted his escape from death on the cross, saying, "As Jonah was three days and three nights in the whale’s belly, so shall the son of man be three days and three nights in the heart of the earth" (Matt. 12:40). Now it is an accepted fact that Jonah had entered the whale’s belly alive and had come out alive; so, according to his own prophecy, Jesus was to enter the heart of the earth, (i.e. his tomb) alive and was to come out of it alive.

(2) The trying magistrate (Pilate) believed Jesus to be innocent and, being sympathetic, was anxious to save his life (Matt. 27:17, 18; Mark 15:9, 10, 14; Luke 23:4, 14, 15, 20,22; John 18:38, 39); and he must have secretly tried to save him or at least connived at the attempt of others to do so.

(3) Pilate’s wife had seen a vision concerning the innocence of Jesus: "When he (Pilate) was set down on the judgement seat, his wife sent unto him, saying, 'Have thou nothing to do with that just man, for I have suffered many things this day in a dream because of him'" (Matt. 27:19). This message must certainly have influenced Pilate, and his wife must have also done her best to save Jesus.

(4) Pilate held the killing of Jesus in such horror that he actually washed his hands with water, saying that he was innocent of the blood of that just man (Matt. 27:24).

(5) Pilate did all he could to help Jesus; and the soldiers in charge also treated Jesus with kindness, apparently under Pilate’s directions. The following are some of the special favours shown to Jesus: (a) Every malefactor carried his own cross but another man was made to carry that of Jesus (Matt. 27:32; Mark 15:21); (b) Jesus was given wine or vinegar mingled with myrrh. This was intended to render him less sensible to pain. The two thieves who were crucified with him were not given this drink. When after sometime the effects of the drink were wearing off and Jesus cried with pain, the drink was administered again to render him unconscious of pain (Matt. 27:34, 48; Mark 15:23, 36; John 19:29, 30).

(6) The unconsciousness which followed the administration of vinegar was mistaken for death (John 19:30).

(7) Jesus remained on the cross for only about three hours (John 19:14. cf. Matt. 27:46) and according to Mark only for six hours (Mark 15:25, 33), and either of these periods was by no means sufficient to kill a young man like Jesus on the cross.

(8) When Joseph of Arimathaea came and craved the body of Jesus, Pilate "marvelled if he were already dead", and calling to him the centurion asked him whether he had been any while dead (Mark, 15:44).

(9) The soldiers did not break the legs of Jesus, but the legs of the two malefactors who had been crucified with him were broken (John 19:32, 33).

(10) Jesus was not buried in the earth with the two malefactors but was laid separately in a spacious sepulchre hewn out of a rock and situated in a garden which was private property (Mark 15:46; John 19:41, 42).

(11) The Jews themselves were not sure that Jesus was dead; for they came to Pilate and besought him that his legs be broken (John 19:31).

(12) The doubt that Jesus was alive and might, with the aid of his sympathizers, escape from the sepulchre rankled in the minds of the Jews. They remembered also the prophecy of Jesus that he would show them the miracle of Jonah and would come out of the heart of the earth alive. So, influenced by such misgivings, the chief priests and Pharisees went together to Pilate, saying, "Sir, we remember that the deceiver said, while he was yet alive—'After three days I will rise again.'—Command therefore that the sepulchre be made sure until the third day. Pilate told them to make their own arrangements; "so they went, and made the sepulchre sure, sealing the stone and setting a watch" (Matt. 27:62-66).

(13) In spite of the watch and despite the sealing of the stone, Jesus had left the sepulchre before the third day had dawned, when Mary Magdalene and Mary, mother of James, came to see the sepulchre and found the stone rolled away and the sepulchre empty (Matt. 28:1-6 Mark 16:1-6), which shows that the men set to watch were also in league with, and won over by, the friends of Jesus.

(14) After leaving the sepulchre, Jesus moved about secretly, lest the Jews should have him arrested again (Mark 16:12 John 20:19, 26; 21:4).

(15) Mary Magdalene and other disciples actually saw Jesus in this body of clay (Mark 16:9, 12).

(16) Jesus showed them his wounds to assure them that he was not a spirit but a man of flesh and blood and that the body they saw before them was the same physical body that had been nailed to the cross (Luke 24:39, 40; John 20:27).

(17) After leaving the sepulchre, Jesus felt hungry and partook of food with his disciples (John 21:5, 13; Luke 24:41, 42, 43).

The above references among others make it abundantly clear that Jesus did not die on the cross, that he was alive when he was taken down from the cross, and also when he was laid in the sepulchre, and that he came out of it alive on the third day at early morn, as he had himself prophesied, and that later he appeared to his disciples in secret and assured them that he was not dead.

(18) Jesus had said, "And other sheep I have which are not of this fold, them also I must bring, and they shall hear my voice and there shall be one fold and one shepherd" (John 10:16). In these words he was obviously referring to the lost ten tribes of Israel who had scattered in Afghanistan, Kashmir, etc. In search of these Jesus came to the East after his miraculous escape from an accursed death on the cross, and among these he now lies buried in Khan Yar Street in Srinagar Kashmir. Conclusive historical evidence has established the fact that the holy occupant of the tomb in the Khan Yar Street in Srinagar is no other than Jesus, son of Mary. For further discussion of this important subject, see Masih Hindustan Meiń (Jesus in India) by the Promised Messiah, and R. Rel. Vol. II Nos. 1, 2, 5, 6, 10 published from Qadian, and the "Tomb of Jesus" by Dr M. M. Sadiq of Qadian.