179. Anas has reported that the Prophet (saws) said:

حَدَّثَنَا أَنَسُ بْنُ مَالِكٍ رَضِيَ اللَّهُ عَنْهُ عَنْ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ إِنَّ فِي الْجَنَّةِ لَشَجَرَةً يَسِيرُ الرَّاكِبُ فِي ظِلِّهَا مِائَةَ عَامٍ لَا يَقْطَعُهَا

“There is a tree in Paradise, the Khuld tree, that is so huge that a rider riding through its shade for a hundred years will not be able to cross it” (Ibn Jarir, Ibn Kathir). Thanwi adds: It cannot be said with reference to the statement in the Qur’an (76: 13): “They shall not experience therein the sun nor extreme cold,” that if there will be no sun, then what need for a shade? One of the answers is, why should it be supposed that the sun can be the only source of light? Further, what the verse quoted by Thanwi perhaps implies is that they shall not experience excessive heat (Au.).

180. The prevalent opinion is that it is the people in authority who have been addressed and the exhortation is that they return the trusts, bestowed on them by their subjects, by judging between them by what Allah has revealed. If they do that, then it is their right that the people listen to them and obey them. This is the opinion of `Ali. Hence we find the Prophet reciting this verse while handing back the keys of the Ka`bah to `Uthman b. Talha on the day Makkah was subdued. (That he did after he had entered the House of Allah and smashed the idols therein. Further, it is said that `Abbas, though according to some other reports `Ali, had aspired that the keys of the House be handed over to him. But the Prophet recited this verse and gave it back to `Uthman b. Talha from whom he had taken it to open the House: Qurtubi, Ibn Kathir). `Umar says he did not hear the Prophet recite this verse on any earlier occasion. (The hadith is in Ibn Marduwayh: Ibn Kathir; and in Ibn `Asakir and Ibn al-Mundhir: Shawkani). It is said that, that led `Uthman b. Talha to embrace Islam (Kashshaf, Razi). Further, the Prophet is reported to have said:

أَدِّ الأَمَانَةَ إِلَى مَنِ ائْتَمَنَكَ ، وَلا تَخُنْ مَنْ خَانَكَ

“Return the trust to him who trusted you, and do not deceive him who deceives you” - Ibn Jarir. (The hadith is in Ahmad: Ibn Kathir; also in Tirmidhi, Abu Da’ud and Albani: Shawkani, S. Ibrahim). Also see note 399 of surah al-Baqarah of this work. Shafi` adds: Before Islam, the door of the Ka`bah used to be opened every Monday and Thursday. And, it might be interesting to note that it was the same `Uthman b. Talha who had once tried - before hijrah - to rudely obstruct the Prophet’s entry into the Ka`bah. Later, adds Razi `Uthman b. Talha emigrated, handing over the key to his brother Shaybah, in whose progeny it remains until this day (600 A.H.). Again, the amanah that has been spoken of here would apply to all of its kinds, be they those mentioned above, or those that each human has been endowed with, which will mean to do everything the way it has been prescribed, with the right conditions of heart and mind. Therefore, one should do his ablution well, since that is an amanah, one should prevent the entry of the obscene into his house since that is amanah, et al (Razi). In fact, the above is the understanding of some of the Companions such as Ibn Mas`ud, Ibn `Abbas, Bara’ b. `Azib and Ubayy b. Ka`b (Qurtubi). Moreover, it should be noticed that the word amanat here is in the plural form which implies that the application is general (Shafi`). A judicial point might also be made note of. Jurists differ over what happens when one has been entrusted with something as amanah, but loses it, despite his care, whether he is obliged to return it or not. Abu Hanifah has said no, but Imam Shafe`i has said that he is obliged to replace it (Qurtubi).

181. “When you judge between the people, judge fairly ...’ thus goes the text. The behest is to ‘judge (fairly) between the people’ ... all the people ... not between Muslims alone, neither when dealing with the people of the Book alone ... rather, between all the peoples. Justice is the right of all the peoples, so long as they are human beings. Human beings enjoy a special status with the Lord of the worlds, and have a special place in the system dictated by Him. Further, every human is covered by the term “people": be they believers or unbelievers, friends or foes, blacks or whites, Arabs or non-Arabs. This Ummah has been raised in order to administer justice - whenever it has the power to do so - and it is a special kind of justice: a kind of justice the humankind has never experienced, at least not in the form and fashion that it once experienced ... in the heyday of Islam ... in the heyday of Muslims, at those times when they were at the helm of affairs. It was a kind of justice that the humankind has since been missing, since the times the Muslims lost a say in the running of the state" (Sayyid Qutb).

182. The previous verse addressed the leaders. This verse addresses the followers.

183. It is generally understood by the scholars that the Prophet was to be obeyed during his life-time, and now, after his death, it is his Sunnah that takes his place (Ibn Jarir). Muslim has a tradition which says:

أَبُو هُرَيْرَةَ يُحَدِّثُ أَنَّهُ سَمِعَ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ مَا نَهَيْتُكُمْ عَنْهُ فَاجْتَنِبُوهُ وَمَا أَمَرْتُكُمْ بِهِ فَافْعَلُوا مِنْهُ مَا اسْتَطَعْتُمْ فَإِنَّمَا أَهْلَكَ الَّذِينَ مِنْ قَبْلِكُمْ كَثْرَةُ مَسَائِلِهِمْ وَاخْتِلَافُهُمْ عَلَى أَنْبِيَائِهِمْ. صحيح مسلم

“Avoid what I forbid you, do what I order you, to the best of your strength, for nations before you were destroyed by their excessive questioning and argumentation with their prophets.” In another hadith he said:

لَا أُلْفِيَنَّ أَحَدَكُمْ مُتَّكِئًا عَلَى أَرِيكَتِهِ يَأْتِيهِ أَمْرٌ مِمَّا أَمَرْتُ بِهِ أَوْ نَهَيْتُ عَنْهُ فَيَقُولُ لَا أَدْرِي مَا وَجَدْنَا فِي كِتَابِ اللَّهِ اتَّبَعْنَاهُ. قَالَ أَبُو عِيسَى هَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ

“May I not find one of you reclining on his couch receiving one of my commandments, ordering a thing or prohibiting another, but he saying in response, ‘Well, I do not know! We shall follow what we find in the Book of Allah.’” There are, in fact, several ahadith on this subject, but the strongest is a verse of the Qur’an itself which says, (24: 63):

فَلْيَحْذَرِ الَّذِينَ يُخَالِفُونَ عَنْ أَمْرِهِ أَنْ تُصِيبَهُمْ فِتْنَةٌ أَوْ يُصِيبَهُمْ عَذَابٌ أَلِيمٌ [النور : 63]

“Then let those who disobey his (the Prophet’s) commands beware that a tribulation befalls them or a painful torment is inflicted on them” (Qurtubi).

184. Obeying those in authority is no different from obeying Allah and His Messenger. Says a hadith:

عَنْ أَبِي هُرَيْرَةَ عَنْ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ أَطَاعَنِي فَقَدْ أَطَاعَ اللَّهَ وَمَنْ يَعْصِنِي فَقَدْ عَصَى اللَّهَ وَمَنْ يُطِعْ الْأَمِيرَ فَقَدْ أَطَاعَنِي وَمَنْ يَعْصِ الْأَمِيرَ فَقَدْ عَصَانِي. صحيح مسلم

“Whoever obeyed me, obeyed Allah, and whoever obeyed someone appointed by me, obeyed me. Further, whoever disobeyed me, disobeyed Allah, and whoever disobeyed someone appointed by me, disobeyed me.” (The hadith is in Bukhari, Muslim, Ibn Majah and others: H. Ibrahim). Yet, by consensus of Ibn `Abbas, Mujahid, `Ata’, Hasan and Ibn Abi Nujayh, people of knowledge are also included among those who ought to be obeyed. Abu al-`Aliyyah has substantiated this with another verse of this surah (4: 83):

ﮔ ﮕ ﮖ ﮗ ﮘ ﮙ ﮚ ﮛ ﮜ ﮝ ﮞ ﮟ

“And, had they referred the matter to the Messenger and to those in authority in them, surely those of them who have understanding, would have grasped the issue (better)” - Ibn Jarir, Ibn Kathir. Jabir b. `Abdullah has been reported by Hakim, in a trustworthy report, that he held similar views (Shawkani). In fact, the third part of the verse, “obey those in authority” is referring to the ijma` (consensus of the scholars) whose obedience is unconditionally obligatory on the people, as against those who hold the reins of political power, whose obedience is only conditionally obligatory, since, what they order can have elements of error and sin, while the opinion reached by consensus has no such elements in it. Hence, the obedience to the scholars is included by default (Razi). Obedience to the Authorities Since this is an important topic, Ibn Kathir deals with it extensively. He says that the obedience to those in authority, or others, is conditional to they ordering in accordance with the Qur’an and Sunnah. If they do not follow this principle, there is no listening and no obeying. The Sahihayn and Abu Da’ud have the following tradition:

السَّمْعُ وَالطَّاعَةُ عَلَى الْمَرْءِ الْمُسْلِمِ فِيمَا أَحَبَّ وَكَرِهَ ، إِلاَّ أَنْ يُؤْمَرَ بِمَعْصِيَةٍ فَإِذَا أَمَرَ بِمَعْصِيَةٍ ، فَلا سَمْعَ وَلا طَاعَةَ

“A Muslim has to listen and obey, in all matters, those which he likes as well as those he does not, so long as he is not ordered a sinful thing. But if he is ordered a sinful thing, then there is no listening, no obeying.” Another Sahihayn narration reports `Ubadah ibn Samit as saying:

بَايَعَنَا عَلَى السَّمْعِ وَالطَّاعَةِ فِي مَنْشَطِنَا وَمَكْرَهِنَا وَعُسْرِنَا وَيُسْرِنَا وَأَثَرَةً عَلَيْنَا وَأَنْ لَا نُنَازِعَ الْأَمْرَ أَهْلَهُ إِلَّا أَنْ تَرَوْا كُفْرًا بَوَاحًا عِنْدَكُمْ مِنْ اللَّهِ فِيهِ بُرْهَانٌ

“We pledged ourselves to the Prophet on hearing and obeying: in affairs we liked as well as those we did not; in ease and in difficulties; that we shall give him preference over ourselves; and that we shall not dispute with those in authority.” “Unless,” (the Prophet added, “You notice clear disbelief (in the authorities) - something against which you have a very clear argument from Allah.” Bukhari has another hadith reported by Anas which says:

اسْمَعُوا وَأَطِيعُوا وَإِنْ اسْتُعْمِلَ حَبَشِيٌّ كَأَنَّ رَأْسَهُ زَبِيبَةٌ

“Listen and obey even if a tiny-headed Abyssinian is appointed amir over you.” Muslim has another hadith reported by Abu Hurayrah. It says:

كَانَتْ بَنُو إِسْرَائِيلَ تَسُوسُهُمُ الأَنْبِيَاءُ كُلَّمَا هَلَكَ نَبِىٌّ خَلَفَهُ نَبِىٌّ وَإِنَّهُ لاَ نَبِىَّ بَعْدِى وَسَتَكُونُ خُلَفَاءُ فَتَكْثُرُ ». قَالُوا فَمَا تَأْمُرُنَا قَالَ « فُوا بِبَيْعَةِ الأَوَّلِ فَالأَوَّلِ وَأَعْطُوهُمْ حَقَّهُمْ فَإِنَّ اللَّهَ سَائِلُهُمْ عَمَّا اسْتَرْعَاهُمْ

“The Israelites were led by prophets. Every time a prophet died, Allah replaced him with another. However, there would be no prophet after me, rather khulafa`: many of them.” They asked him, “Messenger of Allah. What do you advise us do then?” He said: “Remain true to the pledge given to the first one, and then to the next one. (i.e., in the same order: Au.). Give them their rights, for Allah is going to question them about their subjects.” (The oath of allegiance to a ruler is an essential part of a Muslim’s faith and religion: Au.). The Sahihayn have another hadith which says:

(عن) ابْنَ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا عَنْ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ رَأَى مِنْ أَمِيرِهِ شَيْئًا يَكْرَهُهُ فَلْيَصْبِرْ عَلَيْهِ فَإِنَّهُ مَنْ فَارَقَ الْجَمَاعَةَ شِبْرًا فَمَاتَ إِلَّا مَاتَ مِيتَةً جَاهِلِيَّةً

“Whoever sees something in an amir which he does not approve of, let him bear it with patience, for none will part with the jama`ah, even as much as by the span of a hand, and die in that state, but will die in the state of jahiliyyah.” Muslim has another hadith which says:

مَنْ خَلَعَ يَدًا مِنْ طَاعَةٍ لَقِىَ اللَّهَ يَوْمَ الْقِيَامَةِ لاَ حُجَّةَ لَهُ وَمَنْ مَاتَ وَلَيْسَ فِى عُنُقِهِ بَيْعَةٌ مَاتَ مِيتَةً جَاهِلِيَّةً

“Whoever withdrew his pledge of obedience will meet Allah in a state in which he will have no argument in his favour. And he who died in a state in which he had not pledged his hand (to an amir) died in a state of jahiliyyah.” Muslim has another long report on the issue. It reports `Abdul Rahman bin `Abd Rabb Ka`bah as saying:

عَنْ عَبْدِ الرَّحْمَنِ بْنِ عَبْدِ رَبِّ الْكَعْبَةِ قَالَ دَخَلْتُ الْمَسْجِدَ فَإِذَا عَبْدُ اللَّهِ بْنُ عَمْرِو بْنِ الْعَاصِ جَالِسٌ فِى ظِلِّ الْكَعْبَةِ وَالنَّاسُ مُجْتَمِعُونَ عَلَيْهِ فَأَتَيْتُهُمْ فَجَلَسْتُ إِلَيْهِ فَقَالَ كُنَّا مَعَ رَسُولِ اللَّهِ -صلى الله عليه وسلم- فِى سَفَرٍ فَنَزَلْنَا مَنْزِلاً فَمِنَّا مَنْ يُصْلِحُ خِبَاءَهُ وَمِنَّا مَنْ يَنْتَضِلُ وَمِنَّا مَنْ هُوَ فِى جَشَرِهِ إِذْ نَادَى مُنَادِى رَسُولِ اللَّهِ -صلى الله عليه وسلم- الصَّلاَةَ جَامِعَةً. فَاجْتَمَعْنَا إِلَى رَسُولِ اللَّهِ -صلى الله عليه وسلم- فَقَالَ « إِنَّهُ لَمْ يَكُنْ نَبِىٌّ قَبْلِى إِلاَّ كَانَ حَقًّا عَلَيْهِ أَنْ يَدُلَّ أُمَّتَهُ عَلَى خَيْرِ مَا يَعْلَمُهُ لَهُمْ وَيُنْذِرَهُمْ شَرَّ مَا يَعْلَمُهُ لَهُمْ وَإِنَّ أُمَّتَكُمْ هَذِهِ جُعِلَ عَافِيَتُهَا فِى أَوَّلِهَا وَسَيُصِيبُ آخِرَهَا بَلاَءٌ وَأُمُورٌ تُنْكِرُونَهَا وَتَجِىءُ فِتْنَةٌ فَيُرَقِّقُ بَعْضُهَا بَعْضًا وَتَجِىءُ الْفِتْنَةُ فَيَقُولُ الْمُؤْمِنُ هَذِهِ مُهْلِكَتِى. ثُمَّ تَنْكَشِفُ وَتَجِىءُ الْفِتْنَةُ فَيَقُولُ الْمُؤْمِنُ هَذِهِ هَذِهِ. فَمَنْ أَحَبَّ أَنْ يُزَحْزَحَ عَنِ النَّارِ وَيَدْخُلَ الْجَنَّةَ فَلْتَأْتِهِ مَنِيَّتُهُ وَهُوَ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الآخِرِ وَلْيَأْتِ إِلَى النَّاسِ الَّذِى يُحِبُّ أَنْ يُؤْتَى إِلَيْهِ وَمَنْ بَايَعَ إِمَامًا فَأَعْطَاهُ صَفْقَةَ يَدِهِ وَثَمَرَةَ قَلْبِهِ فَلْيُطِعْهُ إِنِ اسْتَطَاعَ فَإِنْ جَاءَ آخَرُ يُنَازِعُهُ فَاضْرِبُوا عُنُقَ الآخَرِ ». فَدَنَوْتُ مِنْهُ فَقُلْتُ لَهُ أَنْشُدُكَ اللَّهَ آنْتَ سَمِعْتَ هَذَا مِنْ رَسُولِ اللَّهِ -صلى الله عليه وسلم- فَأَهْوَى إِلَى أُذُنَيْهِ وَقَلْبِهِ بِيَدَيْهِ وَقَالَ سَمِعَتْهُ أُذُنَاىَ وَوَعَاهُ قَلْبِى. فَقُلْتُ لَهُ هَذَا ابْنُ عَمِّكَ مُعَاوِيَةُ يَأْمُرُنَا أَنْ نَأْكُلَ أَمْوَالَنَا بَيْنَنَا بِالْبَاطِلِ وَنَقْتُلَ أَنْفُسَنَا وَاللَّهُ يَقُولُ (يَا أَيُّهَا الَّذِينَ آمَنُوا لاَ تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ إِلاَّ أَنْ تَكُونَ تِجَارَةً عَنْ تَرَاضٍ مِنْكُمْ وَلاَ تَقْتُلُوا أَنْفُسَكُمْ إِنَّ اللَّهَ كَانَ بِكُمْ رَحِيمًا) قَالَ فَسَكَتَ سَاعَةً ثُمَّ قَالَ أَطِعْهُ فِى طَاعَةِ اللَّهِ وَاعْصِهِ فِى مَعْصِيَةِ اللَّهِ.

“I entered the Holy mosque to find `Abdullah ibn `Amr ibn al-`As sitting in the shade of the Ka`bah with people around him. He was saying, ‘We were with the Prophet in a campaign. We camped at a place. Some of us began to pitch their tents, some overhauling their arms and others attending to their beasts when a caller sent by the Prophet called us for salah al-jama`ah. We gathered around him. He said, ”There was not a prophet before me but it was incumbent upon him to lead his people to what according to him was good for them and warn them of what was harmful. This Ummah has been allotted her well-being in the first generation. The last of it is going to face the worst - things that it will detest. Tribulations will descend hand in hand (i.e., together: Au.). A tribulation will descend and the believer will say, ‘Oh me! This one will destroy me.’ When it is gone, it will be followed by another, about which he will say, ‘This one!? Good Lord!’ Therefore, whoever wishes to be spared the Fire and enter Paradise, let him be in a state of firm belief in Allah and the Hereafter at the time death visits him. Let him go to the people with what he would approve that he himself be brought to. And, anyone pledged his allegiance to a ruler, giving him a piece of his heart, let him obey him to the extent possible. If another claimant arises, entering into a tussle with the first one, behead the second one."’ `Abdul Rahman says, “On hearing that I pushed forward and enquired, ‘By Allah, did you hear that yourself from the Prophet?’ `Abdullah ibn `Amr pointed to his ears and his heart and said, ‘My ears heard this and my heart preserved it.’ I said, ”Now, here is your cousin Mu`awiyyah. He orders that we devour each other’s property wrongfully and slaughter each other. While Allah says (4: 29): “Believers! Do not devour each other’s property wrongfully, save (legally, such as) by way of trade between you by (mutual) consent. And do not kill one another. Surely Allah is Compassionate to you!” `Abdul Rahman says `Abdullah ibn `Amr fell silent for a moment. Then he raised his head and said, ‘Obey him in the obedience to Allah and disobey him in the disobedience to Allah.’" (This point, that is, that those in authority are to be obeyed only in obedience to Allah and not otherwise, is brought out by another incident: Au.). Bukhari records `Ali as saying:

عَنْ عَلِيٍّ رَضِيَ اللَّهُ عَنْهُ قَالَ بَعَثَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ سَرِيَّةً وَأَمَّرَ عَلَيْهِمْ رَجُلًا مِنْ الْأَنْصَارِ وَأَمَرَهُمْ أَنْ يُطِيعُوهُ فَغَضِبَ عَلَيْهِمْ وَقَالَ أَلَيْسَ قَدْ أَمَرَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنْ تُطِيعُونِي قَالُوا بَلَى قَالَ قَدْ عَزَمْتُ عَلَيْكُمْ لَمَا جَمَعْتُمْ حَطَبًا وَأَوْقَدْتُمْ نَارًا ثُمَّ دَخَلْتُمْ فِيهَا فَجَمَعُوا حَطَبًا فَأَوْقَدُوا نَارًا فَلَمَّا هَمُّوا بِالدُّخُولِ فَقَامَ يَنْظُرُ بَعْضُهُمْ إِلَى بَعْضٍ قَالَ بَعْضُهُمْ إِنَّمَا تَبِعْنَا النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِرَارًا مِنْ النَّارِ أَفَنَدْخُلُهَا فَبَيْنَمَا هُمْ كَذَلِكَ إِذْ خَمَدَتْ النَّارُ وَسَكَنَ غَضَبُهُ فَذُكِرَ لِلنَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ لَوْ دَخَلُوهَا مَا خَرَجُوا مِنْهَا أَبَدًا إِنَّمَا الطَّاعَةُ فِي الْمَعْرُوفِ

“The Prophet sent a group of people in a campaign appointing an Ansari as their amir instructing them to obey him. On the way the man he became angry with them. He asked them, ‘Did not the Prophet order you to obey me?’ They replied, ‘Yes.’ He told them, ‘Alright. I have decided that when you collect firewood and lit a fire, then enter into it. So, they collected together firewood and lit a fire. But when they decide to enter into it, they began to look into each other’s faces. Some of them said, ‘It is to escape the Fire that we went to the Prophet. Should we enter into it now?’ While they were in this discussion, the fire cooled off and the man’s anger had subsided. It was mentioned to the Prophet who said, ‘Had you entered the Fire, you would have never come out of it. Obedience is only in approved matters.” Quotations from Ibn Kathir end here. The leader of the above incident was `Abdullah b. Hudhafa b. Qays about whom it is well known that although a Badri Companion, he was a man given to jokes. Abu Sa`id al-Khudri has testified this. It is in fact reported that once he loosened the reins of the Prophet’s mule during one of his campaigns. Ibn Wahab says he asked the narrator, “Did he do that to make the Prophet laugh?” Sa`d said, “Yes. The man loved to create fun” (Qurtubi). What Qurtubi is trying to say is that when `Abdullah b. Hudhafa asked his companions to jump into the fire, he was perhaps merely subjecting them to a practical joke (Au.).

185. That is, refer to Allah’s Book and the Messenger’s Sunnah: Mujahid, Qatadah, Maymun b. Mahran and Suddi (Ibn Jarir, Ibn Kathir). Insofar as the “Principles of Islamic Law” are concerned, this is a key verse since, Islamic Law is based on four: The Qur’an, the Sunnah, Ijma` (consensus) and Qiyas (analogy). “The Qur’an” as the first basis is derived from the words, ‘Obey Allah’, “the Sunnah” as the second principle of Law has its basis in the words, ‘Obey the Messenger’, “Ijma`” is derived from the words, ‘And those in authority among you,’ and, finally, the fourth principle Qiyas is derived from the words, ‘Refer it (the matter) to Allah and the Messenger’, since, analogy is nothing but deduction of a rule, not explicitly stated in the Qur’an or the Sunnah, on the basis of what is explicitly stated in them. Now, if, by the words, ‘If you are in dispute’ it was meant that the Qur’an and Sunnah be referred to, in matters that had already been explicitly stated in the Qur’an and Sunnah (what are known as the nusus) then, differences in opinion would not arise. Therefore, the only meaning that the last phrase lends is that if you do not have a clear injunction about an affair in the Qur’an or Sunnah, nor have your scholars arrived at a consensus of opinion, then, resort to analogy. Therefore, the four basic principles of Islamic jurisprudence have their basis in this single verse (Razi).

186. The implication is clear. Whoever does not agree with judgment by Allah and His Messenger, does not believe in Allah and the Last Day (Ibn Kathir).

187. Taghut here stands for any un-Islamic tribunal (Majid).

188. `Amir and Qatadah have reported that there was a dispute between a Jew and a hypocrite. The hypocrite wanted the case to be referred to the Jews because he knew that he would be able to bribe them. The Jew wanted the case to be referred to Muslims because he knew that they could not be bribed. Finally they decided to refer to a soothsayer of the Juhaynah tribe. Allah (swt) revealed this verse. According to some versions, they referred to Ka`b b. al-Ashraf (Ibn Jarir, Razi, Qurtubi, Ibn Kathir, Shawkani).

189. Sayyid Qutb writes: “Have you considered this wonder of wonders ... a people lay claim to faith ... and then, the next moment they nullify that claim. A people who profess to believe in ‘what has been sent down to you and what was sent down before you,’ but they do not resort to judgment by ‘what has been sent down to you and what was sent down before you!’ Rather, they desire to be judged by another entity, by another set of laws, by another authority ... they want to be judged by none other than the taghut himself ... one who will not draw inspiration from what ‘has been sent down to you and what was sent down before you’ ... who neither accepts to be regulated nor ruled by ‘what has been sent down to you and what was sent down before you!’ In addition, the authority they want to refer to is a taghut ... by more than one definition: taghut because he claims something that is only the right of Godhead, and taghut because he does not follow a well-established set of rules or a criterion. And they do not do it out of ignorance, or because of an erroneous judgment. Rather, in full knowledge. It is intentional, and a deliberate step ... They are fully aware of the fact that it is unlawful for them to resort to judgment by this taghut: ‘while they have been ordered to deny it!’ ... Surely Shaytan has deluded them. And ‘Shaytan intends to lead them astray: far away in error.’”

190. This attitude is in line with the attitude of the polytheists about whom Allah said in (24: 48):

ﮞ ﮟ ﮠ ﮡ ﮢ ﮣ ﮤ ﮥ ﮦ ﮧ ﮨ ﮩ

“And when they are called to Allah and to His Messenger to judge between them, then lo! a party of them refuses to come and turns away,” and in total contrast to that of the believers about whom Allah said (24: 51):

ﯥ ﯦ ﯧ ﯨ ﯩ ﯪ ﯫ ﯬ ﯭ ﯮ ﯯ ﯰ ﯱ ﯲ ﯳﯴ

“When the faithful they are called to Allah and His Messenger to judge between them, then their only saying is, ‘We have heard and we shall obey’” (Ibn Kathir). Qurtubi, Ibn Kathir and Shawkani also quote a report according to which `Umar Faruq beheaded a man who had received the judgment from the Prophet but had come to him hoping that he might offer him some concession - because of (his toughness with the unbelievers and) his strong faith in Islam. But Ibn Kathir and Shawkani state that the narration is not too trustworthy. One narrator Ibn Lahi`ah is considered “weak” and, additionally, the chain of narrators is discontinuous. A similar report comes from the tafsir work of Hafiz Abu Ishaq, which strengthens the above, but which also does not meet with the requirements of authenticity either. Allah knows best. Asad notes: “The classical commentators see in verses 60-64 a reference to the hypocrites of Medina who, at the time of the Prophet, outwardly professed to be his followers but did not really believe in his teachings. It seems to me, however, that this passage goes far beyond the possible historical occasion of its revelation, inasmuch as it touches upon an often-encountered psychological problem of faith. People who are not fully convinced that there exists a reality beyond the reach of human perception (al-ghayb ...), find it, as a rule, difficult to disassociate their ethical views from their personal predilections and morally questionable desires - with the result that they are only too often ”willing to defer to what the powers of evil tell them". Although they may half-heartedly concede that some of the moral teachings based on revelation (in this case, the Qur’an) contain “certain verities”, they instinctively recoil from those teachings whenever they conflict with what their own idiosyncrasies represent to them as desirable: and so they become guilty of hypocrisy in the deepest, religious connotation of the term."

191. “The excuses of the hypocrites on such occasions amounted to this: the prerogative of decision certainly belongs to the Prophet; we never meant to question that. Our object in going to someone else was not to secure exactly a judicial pronouncement, but to bring about mutual agreement, conciliation somehow or the other, between the parties” (Majid). Sayyid comments: “Its an embarrassing situation for them .. when they return ... aware of the implications of what they did ... hence unable to face the Prophet and therefore have to resort to false oaths to the effect that they did not go to the taghut, (a term perhaps of wide use in the pre-Islamic times also), save in the hope of reconciliation! That is the excuse of all those, in all times, who swerve away from judgment by the Law of Allah and desire to reconcile - somehow - between different elements, between different trends, and between different faiths. That is the argument of those who claim to be faithful, while they are not, and such is the argument of the hypocrites.”

192. Asad comments: “As so often in the Qur’an, the sudden change, within one and the same sentence, from the pronoun “We" to “I” or “He” to “God”, is meant to impress upon the listener or reader of the Qur’an the fact that God is not a “person” but an all-embracing Power that cannot be defined or even adequately referred to within the limited range of human language."

193. “This is to impress upon us that Prophets are not sent so that people may pay lip-service to their prophethood, and then obey whoever they wish. The purpose of sending Prophets is that people should follow the laws of God as brought and expounded by them, rather than laws devised by man, and that they should obey the commands of God as revealed to the Prophets to the exclusion of the commands of others” (Mawdudi).

194. Thanwi comments: Since they had displeased the Prophet by going to the taghut, it became necessary for them that they go back to him in repentance and he respond with a clean heart and pray for their forgiveness. (Otherwise, as we know, it was not necessary for his followers to go to him. They could directly supplicate to Allah: Au.).

195. “Note that it is not the Prophet who is empowered to forgive the sinners, he can only beseech on their behalf. Forgiveness is entirely in the hands of God” (Majid). Ibn Kathir quotes an incident which is entirely out of his line, considering his master, Ibn Taimiyyah’s influence on him:

وقد ذكر جماعة منهم الشيخ أبو نصر بن الصباغ في كتابه الشامل الحكاية المشهورة عن العتبي، قال: كنت جالساً عند قبر النبي صلى الله عليه وسلم، فجاء أعرابي فقال: السلام عليك يا رسول الله، سمعت الله يقول {وَلَوْ أَنَّهُمْ إِذْ ظَلَمُوا أَنْفُسَهُمْ جَاءُوكَ فَاسْتَغْفَرُوا اللَّهَ وَاسْتَغْفَرَ لَهُمُ الرَّسُولُ لَوَجَدُوا اللَّهَ تَوَّاباً رَحِيماً} وقد جئتك مستغفراً لذنبي مستشفعاً بك إلى ربي. ثم أنشأ يقول: يا خير من دفنت بالقاع أعظمه فطاب من طيبهن القاع والأكم نفسي الفداء لقبر أنت ساكنه فيه العفاف وفيه الجود والكرم ثم انصرف الأعرابي، فغلبتني عيني فرأيت النبي صلى الله عليه وسلم في النوم، فقال: "يا عتبي، الحق الأعرابي فبشره أن الله قد غفر له"- تفسير ابن كثير

Quite a few people have quoted the following, including Sheikh Abu Mansur b. al-Sabbagh, who writes in his book Al-Shamil, the famous incident coming down from `Utabi. He said: “I was sitting near the grave of the Prophet when a bedouin showed up. He said, ‘Peace unto you O Messenger of Allah. I have heard Allah say, ‘Had they, after they had wronged themselves, come to you and sought Allah’s forgiveness, and the Messenger sought forgiveness for them, surely they would have found Allah Relenting, Merciful.’ Now, I have come to you (O Messenger) seeking forgiveness for my sins (from Allah) and your intercession with my Lord.’ Then, he recited a couplet praising the Prophet he left.’ He said, O ye who is buried at the august spot The desert and the hills purified thereby My life be sacrificed for the chamber of your residence Therein is chastity, therein generosity, nobility. `Utabi says he fell asleep and saw the Prophet in his dream saying: “`Utabi, seek the bedouin and tell him Allah has forgiven him.”

196. If the above verse exhorted the hypocrites to present themselves to the Prophet, the present one adds that their physical reversion and external submission is not adequate. At heart also they will have to submit themselves wholly to feel no aversion therein whatsoever (against judgments pronounced by him in affairs of their concern) - Thanwi.

197. After the Prophet, the position is now occupied by the Qur’an and the Sunnah, as understood by the jurists and scholars. And the judgments they pronounce will be imposed on the people by the rulers (Shawkani).

198. It is related by `Urwah b. Zubayr that:

عَنْ عُرْوَةَ قَالَ خَاصَمَ الزُّبَيْرُ رَجُلًا مِنْ الْأَنْصَارِ فِي شَرِيجٍ مِنْ الْحَرَّةِ فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ اسْقِ يَا زُبَيْرُ ثُمَّ أَرْسِلْ الْمَاءَ إِلَى جَارِكَ فَقَالَ الْأَنْصَارِيُّ يَا رَسُولَ اللَّهِ أَنْ كَانَ ابْنَ عَمَّتِكَ فَتَلَوَّنَ وَجْهُ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ثُمَّ قَالَ اسْقِ يَا زُبَيْرُ ثُمَّ احْبِسْ الْمَاءَ حَتَّى يَرْجِعَ إِلَى الْجَدْرِ ثُمَّ أَرْسِلْ الْمَاءَ إِلَى جَارِكَ

Zubayr ibn al-`Awwam and an Ansari disagreed over water rights; (when they took the matter to the Prophet) he said: “Zubayr, water your plants and then let it flow (on).” The Ansari (was not well pleased with the decision). He said: “(Do you say that) because he is your cousin?” The Prophet’s countenance changed. He said: “Water your plants, Zubayr. Then hold the water until the level reaches the embankment. After that let it overflow (into the Ansari’s lands),” (and Allah revealed this verse). According to another version, “until water reaches your ankles” (Ibn Jarir). Qurtubi adds: The name of the Ansari varies from Hatib b. Abi Balta`ah, to mere Hatib, to Tha`labah b. Hatib. Bukhari and Muslim have not named him, and therefore, the person remains unidentified. Thus we see that the Prophet first asked Zubayr to grant concession to the Ansari by not watering his plants to their entire need, rather, to let it flow through his fields as it came in (so that both could benefit from it before the source went dry: Au.). But when the Ansari did not appreciate that decision, he allowed Zubayr to water his plants well enough, to his satisfaction, before allowing it to overflow into the adjacent fields. The incident has been recorded by Bukhari, Nasa’i and Ahmad (Ibn Kathir, Shawkani). The above is the legal position, i.e., one might stop the flow of natural water until it reaches the ankles and then let it spill over to the lower lands (Razi). Qurtubi points out that it can be deduced from the above hadith that the Qadi can, if the disputants would agree, offer a compromise solution (in which one gets a little more than his due). Thanwi, with his characteristic brevity, solves a problem that some of the modern thinkers seem to have fumbled with. What follows is an expanded form: In trying to understand various implications of the verse, one might keep in mind that, of resorting to (un-Islamic) judgment, non-aversion and submission, there are three levels or three kinds: 1) of faith in it, 2) by the tongue and, 3) by deeds. First, so far as faith is concerned, it is enough if a man submits to the Laws of the Shari`ah at the level of the heart, without any aversion to them. In the absence of this (i.e. no submission at heart) a man is a kafir in the knowledge of Allah even if a believer in the opinion of the people. Second, it is also a requirement that he admit the rightfulness and justness of the Shari`ah with his tongue. Without this he is an unbeliever in the sight of the people (even if success at the first level renders him a Muslim in the sight of Allah: Au.). However, meeting this condition, and failing the first, renders him a munafiq. Third, insofar as deed-level is concerned it is enough - for one to be declared a believer - if one takes his disputes for judgment to the religious authorities, even if he feels some aversion to it at level of his heart (realizing that the case might not go his way: Au.). This third level is the lowest level of taqwa and righteousness. The above discussion, continues Thanwi, resolves the problem of a person who does not bring up his case before the Shar`i authorities, even if he admits the invalidity of the non-Shar`i law. Is he an unbeliever? Or a hypocrite? The answer is, he is none. He is a fasiq, for he does not meet with the requirements of kufr by meeting with the second condition stated above, nor of nifaq by meeting with the requirement of the first condition. Rather, he merely fails to meet with the requirements of taqwa and righteousness, by resorting to judgment by non-religious tribunals. And someone who does not meet with the requirements of taqwa and righteousness is a fasiq (and not a kafir). (The above should also make clear, that one is a Muslim, even if he has some reservations at the intellectual level about say a Shari`ah law, because of his failure to sort out some problems at that level. In other words, he might say, “Truly speaking, I do not understand the reasonableness of this (or that ruling), but all the same, I submit to it, and I know that in some way or the other it is the right thing.” Such mental reservation would be, insha Allah, forgivable in view of the fact that he met with both the first and the second conditions. An example of this is the Companions’ disagreement with the Prophet when he appointed Usamah b. Zayd as the leader over several senior Companions for a campaign. When some people protested the Prophet said: “If you are not happy, then I know that you were not happy when his father (Zayd b. Haritha) had been appointed amir over you.” Or, in a second incident, when the Prophet signed the peace treaty at Hudaybiyyah, many senior Companions were upset about it. But it was not said that they had no faith: Au.).

199. As, for example, the followers of Musa, who were ordered to kill each other in verse 53 of surah al-Baqarah: Mujahid, Suddi (Ibn Jarir). The following is worthy of note:

عن أبي إسحاق السبيعي، قال: لما نزلت {وَلَوْ أَنَّا كَتَبْنَا عَلَيْهِمْ أَنِ اقْتُلُوا أَنْفُسَكُمْ} الآية، قال رجل: لو أمرنا لفعلنا، والحمد لله الذي عافانا، فبلغ ذلك النبي صلى الله عليه وسلم، فقال: "إن من أمتي لرجالاً الإيمان أثبت في قلوبهم من الجبال الرواسي"

Abu Ishaq al-Subay`i has reported that when this verse (4: 66): “Had we decreed for them (i.e., the Jews and the hypocrites): ‘Slay yourselves,’ or, ‘Flee your country,’ surely, they would not have done it, save a few of them” was revealed, someone said, ‘Had Allah ordered us do that, we would have done it, but He be praised, He spared us.’ When the report reached the Prophet he said, ‘There are some among my followers whose faith is as firm as the mountains’ (Razi, Qurtubi, Ibn Kathir). In fact, several Companions had made this sort of statement (Ibn Kathir). Similar reports are in Ibn al-Mundhir, Ibn Abi Hatim and Shurayh b. `Ubayd (Shawkani).

200. According to reports, when this verse was revealed the Prophet signalled at `Abdullah ibn Rawaha and said, “Had Allah ordered that, this man would have been of those few who would have complied.” Similar reports have come about `Abdullah ibn Mas`ud (Ibn Kathir). In fact, many of the followers of our Prophet had already accomplished that. At Badr, for instance, they unhesitatingly fought against their kin, slaying some of them. Earlier to that, they had abandoned their homes in Makkah, to settle down penniless, first in Abyssinia, and then in Madinah (Au.).

201. “Had these people been able to free themselves of uncertainty, hesitation and ambivalence, and to resolve firmly to follow and obey His (Allah’s) Prophet (peace be upon him), their lives would have been spared the instability from which they suffer. Their way of thinking, their morals and their practical dealings would all have found permanent and stable foundations, and they would have enjoyed the blessings granted only to those who follow the only one straight path with firmness and resolution. For one who is subject to indecision and hesitation, who keeps changing from one direction to another in a state of uncertainty, life is a continuous exercise in futility” (Mawdudi).

202. “By giving up uncertainty, and deciding with complete faith and conviction to follow the Prophet (peace be on him), the straight path of their endeavours would have opened up before them. They would have been able to perceive clearly the channels into which their energies should be directed, so that each step they took would be a step towards the true goal” (Mawdudi).

203. (Sadiq is someone who speaks the truth and proves himself true to what he claims as true: Au.). Siddiq is its intensive form. It is also said that the best of the followers of a Prophet are known as Siddiqun (Shawkani). It is also said that Siddiq is someone who has a firm belief that everything of the religion of Islam is true, without any doubt or reservation whatsoever. Yet another opinion is that it is he who outstrips others in testifying to the truthfulness of a Messenger (Razi).

204. Sa`id ibn Jubayr, Qatadah, Suddi and Ibn Rabi` have said that,

جاء رجل من الأنصار إِلى رسول الله صلى الله عليه وسلم وهو محزون، فقال له النبي صلى الله عليه وسلم: "يا فلان ما لي أراك محزوناً ؟" فقال: يا نبي الله شيء فكرت فيه، فقال: ما هو ؟ قال: نحن نغدو عليك ونروح ننظر إِلى وجهك ونجالسك وغداً ترفع مع النبيين فلا نصل إِليك، فلم يرد النبي صلى الله عليه وسلم شيئاً، فأتاه جبريل بهذه الآية {وَمَنْ يُطِعِ اللَّهَ وَالرَّسُولَ فَأُولَئِكَ مَعَ الَّذِينَ أَنْعَمَ اللَّهُ عَلَيْهِمْ مِنَ النَّبِيِّينَ}. فبعث النبي صلى الله عليه وسلم فبشره

Once, an Ansari came to the Prophet with a gloomy face. The Prophet asked him the reason. He said: “Apostle of Allah. I was thinking about something.” He asked what it was. He said, “We come to you morning and evening and sit in your company. Tomorrow you will be taken away into the company of Prophets. We will not be able to reach you.” The Prophet did not say anything in reply. Then Jibril came down with this verse. The Prophet sent for him and gave him the good news (Ibn Jarir). The report seems to have good narrators (Ibn Kathir). Dia’ Maqdisi has said that the report is of hasan status (Shawkani). Kashshaf, Razi and Qurtubi have named Thawban as the Ansari of the above report or of others of similar content. It is reported of another Ansari that when he was told of the death of the Prophet, he prayed to Allah that He blind him because he had lost interest in everything and wished to see nothing after him. It is said that he became blind on the spot (Razi, Qurtubi). Ibn Kathir adds few more ahadith. One is in Muslim in which Ka`b b. al-Aslami says:

كنت أبيت عند النبي صلى الله عليه وسلم فأتيته بوضوئه وحاجته، فقال لي: "سَلْ". فقلت: يا رسول الله، أسألك مرافقتك في الجنة. فقال: "أو غَيْرَ ذلك؟" قلت: هو ذاك. قال: "فَأَعِنِّي على نفسك بكثرة السجود". صحيح مسلم

“I used to spend the night nearby the Prophet. Once I brought him water for ablution and for cleansing himself. He said: “Ask." I said, “Messenger of Allah, I seek your companionship in Paradise.” He said, “Ask for something else.” I said, “That’s for me.” He said: “Then help me for yourself with plenty of prostrations.” Ahmad has a tradition related by `Amr b. al-Juhanni who says a man came to the Prophet and said:

يا رسول الله شهدت أن لا إله إلا الله وأنك رسول الله وصليت الخمس وأديت زكاة مالي وصمت شهر رمضان. فقال رسول الله صلى الله عليه وسلم: "من مات على هذا كان مع النبيين والصديقين والشهداء يوم القيامة هكذا- ونصب أصبعيه- ما لم يعق والديه"

“Apostle of Allah. I testify that there is no deity save Allah, and that you are His messenger. I do my five daily Prayers, offer my zakah and fast 30 days of Ramadan.” the Prophet replied: “Whoever died on this would be (and pressing his two fingers) with those whom Allah has favoured: Prophets, Siddiqun, martyrs and the righteous so long as he did not mistreat his parents.” In another hadith of Tirmidhi, rated hasan by him, the Prophet said:

التاجر الصدوق الأمين مع النبيين والصديقين والشهداء

“The honest and trustworthy trader will be with those whom Allah has favoured: the Prophets, Siddiqun, and the martyrs.” However, the best hadith is that which almost reaches the mutawatir status

من طرق متواترة عن جماعة من الصحابة: أن رسول الله صلى الله عليه وسلم سئل عن الرجل يحب القوم ولما يلحق بهم؟ فقال: "المرء مع من أحب" قال أنس: فما فرح المسلمون فرحهم بهذا الحديث. صحيحين

The Prophet was asked about a man who loves a people but is not able to join them. The Prophet said: “A man will be with those he used to love.” It is said that the Companions were rarely seen as happy as when they heard this. Again, we have a hadith of the Sahihayn which reports the Prophet as having said:

"إن أهل الجنة ليتراءون أهل الغرف من فوقهم، كما تتراءون الكوكب الدري الغابر من الأفق من المشرق أو المغرب لِتَفَاضُلِ ما بينهم". قالوا: يا رسول الله، تلك منازل الأنبياء لا يبلغها غيرهم؟ قال: "بلى، والذي نفسي بيده، رجال آمنوا بالله وصدقوا المرسلين".

“The dwellers of Paradise will see the people of the ghuraf from high above as you see the stars in the horizon. That (distance) because of the rank and level difference between them.” They said: “Messenger of Allah. Those must be the dwelling places of Prophets.” He replied: “No, by Him in whose hands is my life. Those would be for people who believed in Allah and His messengers.” Quotation from Ibn Kathir ends here.

205. According to a report of `A’isha in Bukhari and Muslim, when she heard these words from the Prophet: “In the company of those whom Allah has favoured: the Prophets, Siddiqun, the martyrs and the righteous,” in his final sickness, she knew that the Prophet would shortly die (Qurtubi, Ibn Kathir).