Surah Al-Ma'idah 5:44-50 - Quran Translation Commentary

44. Verily, We sent down the Torah, where in was guidance and light,¹⁴³ by which the prophets who were Muslims¹⁴⁴ judged the cases of Jews, and the Rabbis and the Jurists too;¹⁴⁵ for to them was entrusted the protection of Allah‘s Book, and they were witnesses thereto.¹⁴⁶ So fear not men, but fear Me, and sell not My revelations for a small price .¹⁴⁷ And whosoever judge not by the Shariah which Allah has sent down are infidels.¹⁴⁸

45. And We ordained therein for them: “Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal.”¹⁴⁹ Then whosoever forgoes retaliation, it is an act of atonement for himself.¹⁵⁰ And whosoever judge not by the Shariah which Allah has sent down are wrong-doers.¹⁵¹

46. And in their footsteps We sent Eesa,¹⁵² son of Maryam, confirming what was before him from the Torah.¹⁵³And we gave him Injeel, therein was guidance and light, and confirmation of what was before him of the Torah, a guidance and admonition to those who fear Allah.

47. And let the people of the Gospel (Injeel) judge by that which Allah has revealed therein.¹⁵⁴ Whosoever judge not by the Commands which Allah has sent down are evil-doers.

48. And to you we sent the Book with truth, confirming what is before him from the (previous) Scripture¹⁵⁵ and guarding over it;¹⁵⁶ so judge between them by the Shariah which Allah has sent down, and follow not their desires, away from the truth that has come to you.¹⁵⁷ For each (group) of you We prescribed a Shariah and a clear cut way.¹⁵⁸ If Allah had so willed, He would have made you a single community (Ummah), but that He may test you in what He has given you.¹⁵⁹ So vie with one another in good deeds.¹⁶⁰ To Allah you will all return, then will He inform you the truth of the matters in which you have been differing.¹⁶¹

49. And (O prophet !) judge between them by that which Allah has sent down, and follow not their desires, but beware of them lest they seduce you from some part of that which Allah has sent down to you.¹⁶² Then if they turn away, then know that Allah’s will is to punish them for some sins of theirs. And truly most men are transgressors.

50. Do they then seek the judgment of ignorance?¹⁶³ Who is better than Allah for judgment to a people who have certainty in’ their belief?

Commentary

143. The Book, that was revealed by Allah to Moosa (Moses), had guidance to the true religion Dawatul Qur’an 347 as well as the clear Shariah for disciplining the individual and social life and placing it on the path of truth and justice. This was the speciality that was found in the part of the Torah which was available with the Jews at the time of the revelation of the Quran. Even today in the collection of the Bible the first five scriptures, Genesis, Exodus,v Leviticus, Numbers, Deuteronomy, contain some parts of the original Torah– the parts of the original Torah can be found by using the touchstone of Quran only-even now in these parts, these characteristics of guidance and light are there. Quran refers to this reality, and it does not mean that all the Scriptures that are known as Torah today contain divine guidance, because the Jews have made many changes and distortions therein and have included many misguiding things, and they have also made additions in the original Shariah.

144. That is: All the prophets that came from Allah to Bani Israil had their religion as Islam and they all were Muslim. It is these people of Bani Israil who called themselves Jews not the prophets sent by Allah.

145. That is: prophets, and also the truth loving learned men, Rabbis and jurists used to give judgments according to the Shariah of Allah.

146. That is: They were made responsible for protecting the Divine Book in such a way that no changes and distortions could be effected in that, and by making it the book of rules of conduct they should also give the witness of its veracity.

147. No fear nor any greed should prevent men from obeying and enforcing the Divine commands. For futher explanation see Note No.64. Surah Baqarah.

148. In this verse those people who do not judge by Divine Laws have been very clearly and unambiguously declared as disbelievers or infidels. Although this has been stated in connection with the rebellious attitude of the Jews, but since the matter is of the nature of a principle, this command is applicable to every person who may give judgment in contravention of the Divine Laws though such a person may belong to any group or he may be counted among the Muslims, for having an authority to give judgments over others and reject the Laws of Allah is an open rebellion against this Constitution ( Divine Book), which the Ruler of the Universe has revealed. When the companion of the Prophet, Huzaifah(R) was asked whether these verses, in which the persons not giving judgment according to the Divine Shariah are declared as infidels, wrong-doers and evil-doers, are concerning the Bani israil, replied instantly: “What good brothers for you are Bani Israil, that all the bitter things are for them and all the sweet things for you. No, by God! you will follow their very methods, step by step.”-(Tafseer Ibn Jarir Tabari, Vol.6,P.I64).

It may be noted that persons delivering judgments contrary to the provisions of the Divine Laws have been declared infidels when the commands of the Shariah were clear to them and they were free in the matter of enforcing them. In other words, it was their rebellious mentality which prompted them to deviate from the Shariah laws. Therefore, today those Muslims who are knowingly and willingly behaving in this very fashion are following the footsteps of the Jews, and we do not declare them infidels because Islam has prevented us from declaring kalimah-reciting Muslims as infidels, and has directed us to leave the case of those whose practical life is a mixture of Islam and Kufr (disbelief), for He knows the truth about the intentions and only He knows what circumstances prevented that people.

149. In the Torah, this command appears like this: If any harm follows, then you shall give life for life, eye for eye, tooth for tooth, hand for hand. foot for foot, burn for burn, wound for wound, stripe for stripe. (Exodus 21=23 to 25)

But the Jews, while acting on this command. made distinction between noble and lower people. Between their two tribes, Bani Nadir and Bani Quraizah, the former were considered to be of noble birth. If a member of the Bani Nadir tribe was killed at the hands of a member of the Bani Quraizah tribe the murderer was put to death in retaliation. But if a member of the Bani Nadir tribe killed a member of the Bani Quraizah tribe, then the killer could not be killed in retaliation and the heir of the murdered had. essentially to accept compensation there for and that too at half rate.

This change in the Shariah laws made by them has been very severely criticised here.

The law given in the Torah referred to by Quran forms the most important section of the Islamic Penal Laws. Equal retaliation in all the wounds and injuries is apparently an extremely severe punishment but it is not only in accordance with justice but also a discouraging blow to the criminals and thereby society is assured of peace. In modern times too much slogan shouting is done for equality but when equal treatment is meted out to the criminal these standard-bearers of equality are instantly upset.

It may be noted that equal retaliation in the case of wounds and injuries would be insisted upon only when it would be possible to inflict the same kind and nature of wound or injury. otherwise if there is a danger of inflicting a severer or deeper injury or wound the guilty person would have to pay compensation, which will be fixed according to the damage caused.

150. That is, the person who forgoes or remits retaliation, for him this virtuous act will be an atonement for his own sins.

151. Wrong-doers, because they discarded the just laws of Allah and judged by the man- made laws which cannot fulfill the demands of justice.

Here it should clearly be understood that judging does not only imply delivering judgements from the chair of a judge, but it also implies making laws or passing legislation and issuing administrative judgment or decisions. Therefore, the person who makes laws contrary to the laws of the Shariah or the ruler or the administrator who uses his ruling authority to oppose the Divine Shariah, commits infidelity, wrong and evil acts irrespective of the fact whether his orders, rules or laws are based on customary laws or on religious mythology on the basis of culture or the theory of secularism.

152. That is: Allah sent down Jesus, son of Mary in the footsteps of those prophets who had appeared in Bani Israil. Prophet Eesa (Jesus) was sent about one and a half thousand years after Prophet Moosa ( Moses)

153. Prophet Eesa had confirmed the Torah as a Divine Book. It is mentioned in the Injeel: “Think not that I have come to abolish the law and the prophets; I have come not to abolish them but to fulfil them. For truly, I say to you, till heaven and earth pass away, not an iota, not a dot will pass from the law until all is accomplished.” (Mathew 5: 17, 18)

O you who believe ! Take not the Jews and the Christians for friends. They are but friends to each other. And he among you who takes them for friends is of them. Verily, Allah guides not wrong-doing people. (Al-Quran)

154. That is: Allah had revealed Injeel with the set purpose that the people should decide their problems making it the basis of their decisions, and if the people of Injeel had judged their cases by the teachings of Injeel, they would have definitely recognised the Quran as a Revealed Book, because the information that has been given in the Injeel about the next prophet is confirmed by the Quran. Besides, if the voice of God can be recognised in Injeel, it can as well be recognised in the Quran, because both are the tunes from the same instrument.

155. Means the Torah.

156. Quran’s guarding over the Torah means that the Quran has gathered in itself the original teachings of the Torah and it is a touchstone for the amended Torah; by testing it with the help of the Quran it can easily be found out what are the real teachings of the Torah and what are the unauthorised insertions and distortions by the Jews.

157. That is: For the differences that the people of the Book have created in the original religion, this Book (Quran) has a decisive position. In this Book Allah’s religion has been presented in its original form and shape, without any adulterations effected by the people of the Book. Therefore, in all the affairs and problems of life this Book is the standard of Truth and in all disputes and law suits only this Book should be made the basis of judgment.

158. Shariah that is commands, duties and laws and minhaj (course of action) that is the methods and ways of acting on these laws and commands and performing those duties, and the forms of practising these laws. It may be noted that where the word Shariah is used singly, it is applicable on both the things combined.

For different ummahs Allah had prescribed different Shariah and ways of practising them, which was in accordance with the circumstances then prevailing. But this difference was not the difference of the main religion, but was that of the methods and ways. So far as the religion is concerned, it has been one and the same for all the ummahs, for example belief in the oneness of Allah, in the Hereafter, Prophethood, Obedience and worship of one God and the concept of being answerable to Him, purification of the self, purification of character and practices, etc. Therefore, it is not proper to consider the differences in the methods and ways of practising and of the Shariahs as differences in the religion. It can be understood from this example: All the prophets had taught to worship only one God, Allah, but so far as the form and minor details are concerned, they were different . e.g, there is no difference in the sacrifices being offered only for Allah. However as regards the details as to when it should be offered, and what animals are required for that, and what should be done after slaughtering them, there were differences in these matters. Similarly the etiquette for prayers (salat), fixation of the Qiblah, etc. In these matters there were differences according to the places and times.

159. If Allah wanted, he could have forced every one to follow one religion. But it would have been against His plan, under which He has created man, i.e. man should be put to test and for this purpose it is necessary that there should be occasions to test him. This difference in the Shariahs provides occasions for putting men’to test. The people who are influenced by the external forms and methods of religion cannot understand its reality, and when the divine guidance comes before them, they turn away from it. Contrary to this, those persons who are realistic have their eyes on the main religion and they welcome the divine guidance in whatever form it comes to them. Those who accepted the guidance of Quran were such people.

160. That is: If these people want to entangle themselves in religious discussions and disputes, leave them to their plight, and you vie with one another in virtuous work.

161. The last and final judgment will be given in the Court of Allah, when the people will realise what was the reality of the religious disputes which they had started.

162. This is one more warning to beware of the opposing forces that are trying to turn you away from the Book of Allah and which are hatching conspiracies against you, and that you should keep away from them. It is a pity that inspite of this warning the Muslims, under the influence of the western philosophy of law and secular mode of government, have given up the Islamic system of government, and in the countries where they are not in power by themselves, they are found to be supporting the non-Islamic laws and commands instead of expressing their dislike for them. This situation, as is clear from the verses, is not only contrary to the witness of truth but is also dangerous for the very faith.

163. The word used here is ‘jahiliyah’ (Ignorance) as opposed to Islam, and here the judgement of the days of ignorance means those commands, laws and customs which were put into practice by the people against the Divine Shariah. The reason for declaring them to be of the “jahiliyah” is that though apparently they appear to be beneficial for the society, they are not based on the knowledge of truth but on emotionalism and ignorance.

This jahiliyah or ignorance is not confined to the period of pre-Islamic days only but was found even in the subsequent periods also and even in the modern era of learning and science this ignorance is spread all over .

Allama Ibn Katheer, illustrating examples of the ignorance of his time (fourteenth century A.D.) writes:

“And as the tartars who judge by their royal political commands, which are derived from the directives of their king, Changez Khan, and which he had formulated under the name , Alyasiq’. In fact, it is the name of a book which is a collection of commands which he had taken from different Shariahs, e.g. Judaism, Christianity and Islam, etc. In this there are many commands which are entirely based on his own personal view and desires. In this way this collection has become a selfmade shariah, which is being followed and whose commands and judgments are preferred to the judgments and commands of the Book of Allah and the Sunnah of the Prophet. So whoever acts in this way is an infidel and deserves to be beheaded, unless he turns to the Judgment of Allah and His Messenger, and any matter, whether big or small, he may not decide without referring to it. -(Tafseer Ibn Katheer, Vol. II page 67).