Verse:92 Commentary Commentary

Sequence of Verses

Linked with earlier verses dealing with fighting and killing, all forms of killing, in the first instance, are eight in number because the person killed is covered by one of the four conditions which follow. Either, he is a Muslim; or, he is a Dhimmi (a free, protected, non-Muslim resident of a Muslim state); or, he is beneficiary of a peace pact and has been assured of the protection of his life, property, honour and religion; or, he is a belligerent disbeliever. Then, killing is of two types: intentional, or accidental. Thus, we see that there are only eight possible forms of killing:

1. The intentional killing of a Muslim.

2. The accidental killing of a Muslim.

3. The intentional killing of a Dhimmi.

4. The accidental killing of a Dhimmi.

5. The intentional killing of a person with whom there was a pact of peace.

6. The accidental killing of a peace pact beneficiary.

7. The intentional killing of a belligerent disbeliever.

8. The accidental killing of a belligerent disbeliever.

Injunctions covering some of these situations have appeared earlier; some find mention later, and some others are contained in hadith. Thus, the injunction relating to the first situation enforceable in this life, that is, the obligatory duty of taking 'even retaliation' (qisas) from him finds mention in Surah al-Baqarah and the injunction applicable to the Hereafter follows a little later in verse 93 beginning with: وَمَن يَقْتُلْ (And whoever kills....). The second situation appears in Verse 92 from وَمَا كَانَ لِمُؤْمِنٍ (It is not for a believer to kill any believer) to وَهُوَ مُؤْمِنٌ فَتَحْرِ‌يرُ‌ رَ‌قَبَةٍ مُّؤْمِنَةٍ. (and if he i.e., victim was a believer...). The injunction covering the third situation appears in a hadith from Darqutni where the Holy Prophet صلى الله عليه وسلم has been reported to have subjected a Muslim to 'even retaliation' (qisas) to compensate a Dhimmi (non-Muslim resident of a Muslim state) (اَخرَجَہ الزیلعی فی تَخرِیج الھدایہ) The injunction for the fourth situation appears also in verse 92: وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُم مِّيثَاقٌ; (and if he is from the people with whom you have a peace treaty). The fifth situation has already been taken up in verse 90 of the previous section under: فَمَا جَعَلَ اللَّـهُ لَكُمْ عَلَيْهِمْ سَبِيلًا (then Allah has not made it permissible for you). The injunction governing the sixth situation has been mentioned alongwith the one relating to the fourth situation because the peace covenant is general and covers the permanent and the temporary both. Thus, it includes Dhimmi and Musta'min both, l irrespective of their permanent or time-bound guarantee of peace and protection. (A1-durr-al-Mukhtar Kitab al-diyat)

1. Salam : the word prescribed by Islam for greeting, i.e. Assalamu ` alaiykum...

The injunction relating to situations 7 and 8 is already evident from the very legalization of Jihad itself which has appeared earlier (86) because belligerent disbelievers are killed intentionally. If killed accidentally, its justification will stand proved in a higher degree. (Bayan al-Qur'an)

Three kinds of homicide and their respective injunctions

1. Qatl al-Amad (Intentional Killing) which is done with obvious intention by a weapon made from iron or is like a steel weapon in its ability to cut off parts, such as, a sharp-edged bamboo or a sharp-edged piece of rock and things like that.

2. Qatl Shibh al-Amad (Quasi-Intentional Killing) which is, no doubt, done intentionally - but, not with a weapon which could cut off parts.

3. Qatl al-Khata (Accidental Killing). It can happen under intention and conjecture when someone aims at a man taking him to be land game or belligerent disbeliever. Or, it can happen actually when one did aim at land game but ended up striking a man down. Here, Khata or accident means intentional. So, this covers the second and the third kind both. Both entail the obligation to pay diyah (blood money), and sin as well. But, the two kinds do differ in the later two consequences. The diyah in the second kind of killing is 100 camels of four types, that is, 25 of each type. The diyah of the third kind of killing is also 100 camels, but it has to be of five types, that is, 20 of each type. However, if diyah is paid in cash, the amount to be realized is ten thousand dirham or one thousand dinar. This holds good for both kinds. However, the second kind is more sinful because of the intention of killing while it is lesser in the third kind because it is the result of simple heedlessness (as in Hidayah). As such, the obligatory nature of فَتَحْرِ‌يرُ‌ رَ‌قَبَةٍ (to free a slave) and the word, taubah (repentance) in the verse 92 support this position. The fact is that the ground reality of these three kinds is conditioned by Islamic laws as promulgated in the mortal world. As for their being intentional or non-intentional in terms of their being sinful, it depends on the volition of the heart and the intention to commit the act. The punishment due against such sin is known to Allah alone. According to His knowledge these terms, the first kind may become non-intentional; and the second, intentional.

1. Dhimmi is a non-Muslim person permanently and legally living in an Islamic state while Musta'min is a non-Muslim who lawfully enters an Islamic state for temporary stay (Muhammad Taqi Usmani)

Rulings

1. The amount of diyah (blood money) mentioned above applies to a male homicide victim. In case of a woman, it is half of it. (as in Hidayah).

2. The diyah of a Muslim and Dhimmi is equal. The Holy Prophet صلى الله عليه وسلم has said: دیۃ کل ذی عھد فی عھدہ الف دینار (Marasil of Abu Dawud, as quoted by Hidayah).

.3. Kaffarah (expiation) in the form of freeing a slave or fasting has to come from the killer himself. As for diyah (blood money), it is the responsibility of those who are his caretakers. In the terminology of the Shari' ah, they are known as اَلعاقلہ : al-'Aqilah, those responsible for paying blood money.

Let there be no doubt at this point as to why the burden of a crime committed by the killer should be transferred to his guardians and supporters while they are innocent. The reason is that the guardians of the killer are not totally faultless in this case. Their shortcoming is that they did not take necessary steps to stop him from venturing into such gross heedlessness against human life. Moreover, the fear of having to pay blood money, it is likely, will make them take all necessary precautions in the future so that such recklessness does not repeat itself.

4. In the act of freeing a slave (Kaffarah: Expiation), a bondman and a bondwoman are equal. The Qur'anic word Raqabah, denoting a slave, is general. However, their physique should be sound and they should not be deformed in any way.

5. The diyah of the person killed shall be distributed as part of the inheritance determined by the Shari' ah. A legal heir who forgives his share will cause the diyah to be forgiven upto the limit of his share. If all legal heirs forgive it, the whole diyah will stand forgiven.

6. The diyah of a person killed who has no legal heir as recognized by the Shari' ah will be retired to the Bayt al-Mal (State Treasury) because diyah is inheritance and inheritance is governed by this very ruling. (Bayan al-Qur'an)

7. As for people bound by a mutual covenant, be they Dhimmis, free non-Muslim citizens of a Muslim country; or, the Musta'min, (those given guarantee of peace for a temporary period of time) the diyah obligatory in their case is valid only when people belonging to that Dhimmi or Musta'min are present. If they have no such people, or such people be Muslims, then, given the fact that a Muslim cannot inherit from a disbeliever, this diyah, therefore, shall be deemed as non-existent. Thus, should he be a Dhimmi, his diyah shall be retired into the Bayt al-Mal because the inheritance of a heirless Dhimmi - which includes diyah - goes to the Bayt al-Mal (as in al-Durr al-Mukhtar); otherwise, it will not be obligatory (Bayan al-Qur'an).

8. If continuity is broken in fasting due to sickness or some other reason, then, one will have to fast afresh. But, for a woman, this continuity will not be deemed as broken because of her menstruation.

9. If, for some valid excuse, one does not have the strength to fast, then, he should keep repenting until his strength returns.

10. In intentional killing, there is no provision for this Kaffarah

(expiation); one should repent. (Sayan a1-Qur'an) Verse:93 Commentary - - - Verse:94 Commentary CommentarySequence of Verses

Stern warning has been given against the killing of a Muslim in previous verses. Now it is being said that the apparent profession of Islam is all that is needed for a Muslim to be regarded as a Muslim obligated to observe the laws of the Shari' ah. So, it is necessary to abstain from the killing of a person who professes Islam. Furthermore, it is also not permissible to dig deep into his inward state of belief just because of some suspicion and to keep waiting for a definite proof of his certitude in faith in order that Islamic laws can be applied in his case. This is what happened during some battles with disbelievers when some Companions were unable to observe the fine line of distinction in this rule. On those occasions, there were some people who presented themselves as Muslims but some Companions took their profession of Islam as a lie and killed them, taking their belongings as war spoils. Allah Almighty condemned this indiscretionary practice. However, an admonition was considered sufficient and no severe warning was revealed for them against this act because the Companions did not know the rule clearly till that time. (Bayan a1-Qur'an)

Signs of Islam are sufficient to identify a Muslim:

In the first of the three verses cited above, the guidance given is that in the case of one who professes to be a Muslim, no Muslim is allowed to interpret his declaration of Islam as hypocrisy, without certain knowledge and proof. This verse (94) was revealed in the back-ground of certain episodes relating to some Companions where they had not taken the correct line of action.

So, it has been reported from Sayyidna ` Abdullah ibn ` Abbas in Tirmidhi and the Musnad of Ahmad that a man from the tribe of Banu Sulaym met a group of the noble Companions who were going on a Jihad mission. This man was grazing his goats. He offered salam greetings to the group which was a practical demonstration of his being a Muslim. The Companions thought that this man was just pretending in view of the situation before him. Thus, taking his profession of Islam as a ruse to save his life and property whereby he could get away from them by tricking them with greeting in the Muslim style, they killed him and appropriated the herd of his goats as war spoils which they took to the Holy Prophet صلى الله عليه وسلم . Thereupon, this verse was revealed. It laid down the rule: Do not take anyone who greets you by offering salam in the Islamic manner as a pretender and never assume, without valid proof, that his profession of Islam was a trick and never take possession of his property as spoils. (Ibn Kathir)

There is another narration from Sayyidna ` Abdullah ibn ` Abbas ؓ which has been reported by al-Bukhari briefly and by al-Bazzar, in details. According to this narration, the Holy Prophet صلى الله عليه وسلم sent out a group of mujahidin which included Sayyidna Miqdad ibn al-Aswad. When they reached the designated spot, everyone present there ran away. The only man left there had a lot of valuable things with him.

Facing the Companions, the man recited the kalimah: اَشھَدُ اَن لَّا اِلہَ اِلَّا اللہُ (I testify that there is no god but Allah). But, Sayyidna Miqdad ؓ assuming that the man's heart was not behind his verbal declaration of faith and that he was doing it simply to save his life and property, killed him. One Companion from among the group present admonished him for what he had done: He had killed a person who had testified that there is no god but Allah. He declared that he will make it a point to relate this incident before the Holy Prophet صلى الله عليه وسلم when and if he would have the honour of returning to him. Finally, the group returned to Madinah and reported the incident to the Holy Prophet صلى الله عليه وسلم ، who called for Sayyidna Miqdad and gave him a stern warning. He said: 'what would you say on the Day of Doom when the kalimah لا إلہ إلا اللہ will stand as a plaintiff against you?' The verse لَا تَقُولُوا لِمَنْ أَلْقَىٰ إِلَيْكُمُ السَّلَامَ لَسْتَ مُؤْمِنًا (do not say to the one who offers you salam , "You are not a believer" ) was revealed on this occasion.

Other incidents, apart from the two mentioned here, have been reported with reference to this verse, but respected scholars of Tafsr do not admit of any contradiction in these narrations, for these events as a whole could have been the cause of the revelation.

The words of the verse are: اَلقَیٰ اِلَیکُمُ السَّلَمَ (offer you salam). If the word, salam in the text is taken to mean 'salam' in the technical sense (Muslim greeting or salutation), it applies to the first event more suitably. However, if 'salam' is taken to mean submission or surrender to the will of Allah in the literal sense, then, this meaning applies to both events equally. Therefore, salam in the present textual setting has also been translated in the sense of submission and obedience to Allah.

It is impermissible to take a decision without investigating into related facts of an event

The first sentence of the verse (94) carries a general rule which must be followed by all Muslims: Let no Muslim do anything summarily as based on guess alone. The words of the verse are: إِذَا ضَرَ‌بْتُمْ فِي سَبِيلِ اللَّـهِ فَتَبَيَّنُوا (when you go out in the way of Allah, be careful). Acting on conjecture is likely to land one in trouble. The restriction of travel in the verse is there because these events came to pass during the state of travel. Or, it may be because doubts crop up during travel to previously unvisited places as compared with the city of residence where things and people are generally familiar. Otherwise, the basic rule, in travel or while resident, is general, that is reacting to any situation without proper investigation is not permissible. In a hadith, the Holy Prophet صلى الله عليه وسلم has said: "To act sensibly is from Allah and to rush through is from Shaytan" (al-Bahr al-Muhit)

The second sentence: تَبْتَغُونَ عَرَ‌ضَ الْحَيَاةِ الدُّنْيَا (seeking goods of the worldly life) in verse 94 is a prescription for weakness which caused this false step. The weakness was their desire to acquire worldly wealth through collecting spoils. But, immediately after, it was pointed out that Almighty Allah has set aside many more spoils destined for them. Why, then, should they bother about material gains? By way of further admonition, they were asked to recollect that there were so many among them who would not have dared to come out openly with their faith in Islam. It was only when Allah favoured them that they were delivered from the encirclement of disbelievers and were able to profess Islam openly. Keeping this situation in mind, would it not be possible that the person who is saying لا إلہ إلا اللہ at the sight of the Muslim army, might really be an adherent of Islam from the early days but was unable to profess it freely' fearing reprisals from the disbelievers. When he saw the Muslim army, he lost no time in doing so. If they looked into their own situation, they would realize that there was the time when they had recited the Kalimah and had called them Muslims, the Shari'ah of Islam had never asked them to first prove their being Muslims. There was no such condition. They were never asked to let their hearts be examined. They were not ordered to produce a proof of their Islam before they could be declared as confirmed Muslims. Quite contrary to all this, the simple recital of the Kalimah of Islam: لا إلہ إلا اللہ محمد رسول اللہ was considered good enough to recognize them as Muslims. Keeping this in mind, it was their duty that they should now take anyone who recites the Kalimah before them as a Muslim.

The meaning of not taking a Muslim to be a Kafir

From this verse comes the important ruling that anyone who professes Islam and declares that he is a Muslim - by reciting the Kalimah or by associating himself with some marked feature of Islam such as the Adhan and the Salah - should be treated as a Muslim. All Muslims must deal with him as they would do with any other Muslim. They are not supposed to wait and worry about finding out whether such a person has embraced Islam with all his heart or it has been done out of expediency.

In addition to that, this is a case in which even his doings will not serve as the criterion. Suppose, someone skips Sarah, does not fast and is involved with all sorts of sins - still, no one has the right to say that he has gone outside the pale of Islam or to treat him as one would treat a disbeliever. Therefore, the great Imam Abu Hanifah said: لَا نکفر اھل القبلہ بذنب (We do not call 'the people of the Qiblah' Kafirs because of some sin). Similar statements appear in hadith narrations also, such as, 'Do not say that 'the people of Qiblah' are Kafirs, no matter how sinful and evil-doing they may be.'

At this point, there is something everyone should understand and remember, clearly and particularly. This relates to the authority of the Qur'an and Sunnah from which it is proved that calling or taking someone who calls himself a Muslim to be a Kafir is not permissible. It clearly means that until such time he says or does something which provides the positive proof of Kufr (disbelief), his profession of faith in Islam shall be deemed as sound and he will continue to be taken as a Muslim and, for all practical purposes, he will be dealt with as one would deal with Muslims. No one will have the right to debate what goes on in his heart or how sincere or hypocritical he may or may not be.

But, there may be a person who professes Islam, attests to faith, yet disgraces himself by uttering words of disbelief or prostrates before an idol or denies an injunction of Islam which is absolute and obvious, or takes to a religious way or mark of disbelievers - such a person will certainly be declared a Kafir because of his deeds which prove his infidelity. It will be noticed that, the word فَتَبَيَّنُوا (be careful or investigate) in the present verse provides a hint to this effect, otherwise, the Jews and the Christians all claimed to be believers. Then, there was Musaylimah, the Liar. He was declared to be a Kafir with the consensus of Companions, and killed. As for him, he was not only a professor of the Islamic creed but a practicing adherent of Adhan and Salah as well. In his Adhan, he had the Muezzin say: - اَشَھَدُ اَن لا إلہ إلا اللہ (I testify that there is no god but Allah) which was duly followed by اَشَھَدُ اَن محمد رسول اللہ (I testify that Muhammad is the Messenger of Allah). But, while he did this, he also claimed to be a prophet and a messenger who received revelations. This was an open denial of the binding injunctions of the Qur'an and Sunnah. It was on this basis that he was declared to be an apostate and a Jihad force was sent against him with the consensus of the Companions.

In short, the correct course of action when faced with this problem is: Take everyone who recites the Kalimah and adheres to Islam (ahl al-Qiblah: the people of Qiblah) to be a Muslim. Peeking into his heart is not our business. Let Allah be the judge. But, when you see one professing faith yet doing things to the contrary, take him to have become an apostate subject to the condition that such deeds be, absolutely and certainly, contrary to the dictates of Faith and that it admits of no other probability or interpretation.

Finally, we can now see that 'the reciter of the Kalimah' (Kalimahgo کلمہ گو) or Ahl al-Qiblah (the people of Qiblah, meaning Muslims who universally turn to the direction of Holy Ka'bah when praying) are technical terms applied solely to one who, after his professing Islam, does nothing by his word and deed which can be classed as infidelity. Verse:95 Commentary Some Injunctions about Jihad

The second verse (95) takes up some injunction related to Jihad. It says that people who do not participate in Jihad without some valid excuse cannot be equal to those who fight in the way of Allah staking everything they have, even their lives. In fact, Almighty Allah has raised the ranks of those who fight in the way of Allah over those who do not. However, along with this declaration of the precedence of Mujahidin, it was also said that Almighty Allah has promised good returns for both groups. Both shall be blessed with Paradise and Allah's forgiveness - the only difference between them will be that of ranking.

According to leading exegetes, this verse tells us that Jihad is Fard ` ala al-Kifayah under normal conditions. Fard Kifayah, as opposed to Fard ` ala al'Ayn (an obligation for every individual), is an obligation of sufficiency. It means that should some people fulfill it, the rest of Muslims stand relieved subject to the condition that those engaged in Jihad must be sufficient for that Jihad. If the situation is otherwise, Jihad will become an obligation (Fard 'Ayn) on all Muslims living in the neighbouring areas who will have to come forward to help the Mujahidin.

The Definition of Fard Kifayah

In the terminology of the Shari' ah, Fard ` ala al-Kifayah refers to obligations the fulfillment of which is not mandatory on every individual Muslim. Instead, if some fulfill it, that will be good enough. Most activities of a collective nature fall under this category. Teaching of religious sciences and their wider dissemination is also an obligation of this nature - if some people are devoted to the fulfillment of this obligation and their number is fairly sufficient, then, other Muslims are absolved of this duty. But, should it be that just about nobody is discharging this obligation wherever there be the need to do so, then, everyone becomes a sinner.

The Salah for the deceased, the bathing and shrouding of the body is also a collective obligation, for a brother fulfills the rights of a Muslim brother and this is how it is supposed to be, a requirement of the Islamic law. The making of Masajid and Madaris (mosques and religious schools) and running programmes of public welfare are included under this very injunction that is, if some Muslims do that, the rest stand absolved of the obligation.

Generally, injunctions related to collective needs have been, of necessity, classed as Fard Kifayah by the Shari' ah of Islam so that all duties can be discharged under the principle of distribution of work. Thus, some people would be engaged in Jihad, others in education and da'wah activities and still others in attending to various other Islamic or human needs.

The statement وَكُلًّا وَعَدَ اللَّـهُ الْحُسْنَىٰ (and to each, Allah has promised good) in this verse gives peace of mind to those who are engaged in religious duties other than Jihad. But, this injunction is operative in normal conditions when the Jihad waged by some people is sufficient for defence against the enemy attack. Should it be that their Jihad needs additional support, Jihad becomes an absolute obligation on neighbouring Muslims in the first instance. If this support too turns out to be still deficient, Jihad becomes an absolute obligation on Muslims living nearby in their proximity. Finally, just in case, they too are unable to meet the challenge from the enemy, the mantle of Jihad duty falls on the shoulders of other Muslims to the limit that there may come a time when every Muslim from the East and the West may have to participate in the Jihad as solemn religious obligation. Verse:96 Commentary The third verse (96) too recounts the same degrees of precedence that the Mujahidin have over others.

Ruling

Jihad is not obligatory on the lame, the crippled, the blind, the sick and on others who are excusable under the Islamic law.