the lectures of Nokounam, may his sanctity prevail (Session 1080)
Verses 43 to 45 of Surah Al-Ma'idah, like a brilliant gem in the divine discourse of the Holy Qur'an, elucidate the relationship between divine injunctions, the behaviour of religious groups during the advent of Islam, and the position of justice within judicial systems. These verses, adopting a critical perspective towards the conduct of the Jews in appealing to the Noble Prophet (peace be upon him) for arbitration, affirm the authority of the Torah and establish the laws of Qisas (retribution) and Diyya (blood money) as integral elements of the divine judicial system. In this treatise, adopting a scientific approach grounded in profound analysis, these verses are examined with the endeavour to explicate Qur'anic concepts in a historical and social context using eloquent and dignified language. This work, while preserving all the details of the original lectures, addresses the connection between revelation and collective reason and meticulously investigates the challenges of implementing divine rulings in contemporary times.
وَكَيْفَ يُحَكِّمُونَكَ وَعِنْدَهُمُ التَّوْرَاةُ فِيهَا حُكْمُ اللَّهِ ثُمَّ يَتَوَلَّوْنَ مِنْ بَعْدِ ذَٰلِكَ ۖ وَمَا أُولَٰئِكَ بِالْمُؤْمِنِينَ
And how do they appoint you as judge while they possess the Torah, wherein is the judgement of Allah, yet afterwards they turn away? And those are not the believers.
إِنَّا أَنْزَلْنَا التَّوْرَاةَ فِيهَا هُدًى وَنُورٌ ۚ يَحْكُمُ بِهَا النَّبِيُّونَ الَّذِينَ أَسْلَمُوا لِلَّذِينَ هَادُوا وَالرَّبَّانِيُّونَ وَالْأَحْبَارُ بِمَا اسْتُحْفِظُوا مِنْ كِتَابِ اللَّهِ وَكَانُوا عَلَيْهِ شُهَدَاءَ ۚ فَلَا تَخْشَوُا النَّاسَ وَاخْشَوْنِي وَلَا تَشْتَرُوا بِآيَاتِي ثَمَنًا قَلِيلًا ۚ وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْكَافِرُونَ
Indeed, We revealed the Torah, in which was guidance and light. The prophets who submitted [to Allah] judged thereby for the Jews, as did the rabbis and the scholars by that which they were entrusted of the Book of Allah, and they were witnesses thereto. So do not fear the people but fear Me, and do not exchange My verses for a small price. And whoever does not judge by what Allah has revealed then it is those who are the disbelievers.
وَكَتَبْنَا عَلَيْهِمْ فِيهَا أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ وَالْأَنْفَ بِالْأَنْفِ وَالْأُذُنَ بِالْأُذُنِ وَالسِّنَّ بِالسِّنِّ وَالْجُرُوحَ قِصَاصٌ ۚ فَمَنْ تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَهُ ۚ وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ
And We prescribed for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution. But whoever gives [up his right as] charity, it is an expiation for him. And whoever does not judge by what Allah has revealed then it is those who are the wrongdoers.
Verses 43 to 45 of Surah Al-Ma'idah, with clear and firm articulation, elucidate the status of the Torah as a divine scripture containing the decrees of Allah and critique the contradictory conduct of the Jews in resorting to the Prophet (peace be upon him) and disregarding the Torahs rulings. These verses, while emphasising the guidance and illumination of the Torah, present the laws of Qisas and the possibility of substituting it with expiation, and regard failure to implement divine rulings as an indication of disbelief and injustice. This section lays the groundwork for a deeper analysis of the Qur'anic concepts and their historical and social context.
وَكَيْفَ يُحَكِّمُونَكَ) acts like a mirror reflecting the inconsistency in the behaviour of the Jews who, despite possessing the Torah, resort to the Prophets judgement and then turn away from it.Verse 43 opens with an interrogative and exclamatory question that challenges the conduct of the Jews. This question acts as a moral jolt, exposing their hypocrisy and insincerity in appealing to the Prophet (peace be upon him) for arbitration and then disregarding it. Such behaviour not only manifests neglect towards the Torahs injunctions but also constitutes an attempt to foment disorder and disrupt social order.
Verse 43, by emphasising the presence of Allahs judgement in the Torah (فِيهَا حُكْمُ اللَّهِ), affirms the authority of this heavenly scripture. The Torah, like a pure spring, encompasses divine rulings and provides guidance for human felicity. However, instead of adhering to these rulings, the Jews turned away, thereby questioning the authenticity of their faith.
The Holy Qur'an explicitly states in verse 43 that the Jews, after receiving the Prophets judgement, disregarded it and are therefore not considered believers (وَمَا أُولَٰئِكَ بِالْمُؤْمِنِينَ). This turning away is like a breeze scattering ashes, indicating hypocrisy and a failure to uphold the principles of faith.
This section, by analysing the conduct of the Jews in response to divine laws, critiques their hypocrisy and failure to adhere to the Torah and the Prophets arbitration. The discussed verses reveal the contradictions in their behaviour with eloquent and critical expression and emphasise the significance of compliance with divine injunctions. This analysis sets the stage for a deeper examination of the position of the Torah and its judicial rulings.
Verse 44, stressing the revelation of the Torah by Allah (إِنَّا أَنْزَلْنَا التَّوْرَاةَ فِيهَا هُدًى وَنُورٌ), regards this book as a source of guidance and light. The guidance refers to the social and practical laws of the Torah that govern collective life, while the light pertains to its esoteric truths and theology that, like a torch, illuminates the spiritual path.
Verse 44 points to the role of the prophets, rabbis (rabbaniyyun), and scholars (ahbar) in executing the Torahs laws (يَحْكُمُ بِهَا النَّبِيُّونَ الَّذِينَ أَسْلَمُوا لِلَّذِينَ هَادُوا). These groups, like the steadfast pillars of the religious community, were entrusted with preserving and implementing divine rulings and were regarded as witnesses to the Book of Allah.
Verse 44, emphasising فَلَا تَخْشَوُا النَّاسَ وَاخْشَوْنِي, calls upon all not to prioritise social considerations over God-consciousness. This injunction functions as a robust barrier against social pressures impeding the administration of justice.
The Qur'an, in verse 44, condemns the exploitation of divine laws for material benefit (وَلَا تَشْتَرُوا بِآيَاتِي ثَمَنًا قَلِيلًا). This underscores the sensitivity of the Qur'an towards safeguarding the sanctity of divine injunctions.
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Verse 44 explicitly declares that whoever does not act according to the divine rulings is a disbeliever (وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْكَافِرُونَ). This disbelief does not signify denial of truth, but rather disregard for implementing divine injunctions, which underscores the paramount importance of adherence to revelation.
This section, affirming the exalted status of the Torah in the Holy Quran, addresses the role of the prophets and scholars in the implementation of divine laws and the preservation of God-consciousness (taqwa). The verses discussed, with clear articulation, emphasize the importance of executing divine rulings and avoiding abuse of religion. This analysis lays the groundwork for examining the rulings of Qisas (retributive justice) and the challenges of their enforcement in the contemporary era.
Verse 45 of Surah Al-Maidah details the Qisas rulings in the Torah: أَنَّ النَّفْسَ بِالنَّفْسِ وَالْعَيْنَ بِالْعَيْنِ.... These rulings, as pillars of justice, ensure equality in punishment and delineate a judicial system grounded in fairness.
Verse 45 allows for the conversion of Qisas into expiation (فَمَنْ تَصَدَّقَ بِهِ فَهُوَ كَفَّارَةٌ لَهُ). This flexibility reflects the mercy within the divine judicial system, permitting individuals to reconcile justice with compassion through pardon or monetary compensation.
Verse 45, emphasizing وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ, regards non-execution of rulings as an instance of injustice. This injustice, following the disbelief mentioned in verse 44, accentuates the severity of neglecting divine injunctions.
Analyses presented in the lectures emphasize that implementing hudud and Qisas in todays society is impermissible due to lacking social conditions such as the provision of minimum livelihood. Poverty and ignorance, like the roots of a robust tree, nurture crimes; without resolving these underlying factors, enforcement of hudud is deemed unjust. A religious scholar has stated: Provide so that they do not resort to theft, highlighting the necessity of securing basic social needs.
In an experience at Bandar Imam, delegating supervision to workers resulted in a remarkable decrease in theft. This demonstrates that mutual respect and community governance, like pure water, can cleanse crimes and reinforce social order. Workers, feeling responsible and respected, abstained from theft and maintained order.
Implementing Qisas when the convicted individual is unable to sustain themselves post-punishment is considered unjust. This perspective stresses the need to secure the livelihoods of convicts and pursue social rehabilitation so that justice is tempered with mercy.
The Qisas rulings were influenced by pre-Islamic culture and history and included as part of the judicial traditions of that era within the Torah. These rulings are not necessarily primary revelations but rather adaptations of earlier judicial systems reinterpreted within a divine framework.
Implementing hudud necessitates the presence of the subject and criterion, that is, appropriate social and economic conditions must be fulfilled. A just society with minimal provision of livelihood is a prerequisite for executing judicial rulings.
During the Prophets (peace be upon him) time, hudud implementation mainly served deterrent purposes, and actual cases were few. This difference relates to the distinct social conditions of early Islam compared to today.
Religious knowledge, facing contemporary circumstances, necessitates revision to align with social transformations and collective intellect. This reexamination avoids unnecessary violence and emphasizes justice and mercy.
Collective reason, as a criterion alongside revelation, plays a crucial role in the interpretation and enforcement of divine rulings. This perspective considers the enforcement of hudud under current conditions, due to its incongruence with collective reason, as unacceptable.
This section, through examination of the rulings of Qisas and the challenges of their enforcement in the contemporary era, underscores the necessity of social and economic infrastructure provision. Social experiences such as Bandar Imam and critiques of religious science indicate a need for reassessment of judicial rulings in light of collective reason and modern conditions.
Verses 43 to 45 of Surah Al-Maidah, like a clear mirror, critique the behaviour of the Jews in confronting divine injunctions and affirm the status of the Torah as a guiding and illuminating book. These verses, elucidating the rulings of Qisas and the possibility of its conversion into expiation, depict a judicial system founded on justice and mercy. Nonetheless, the presented analyses demonstrate that enforcing hudud in contemporary society is impossible due to the lack of social conditions such as livelihood provision. Poverty and ignorance, like chains, fortify crimes, and removing these obstacles precedes the execution of rulings. Social experiences and emphasis on the role of collective reason pave the way for revisiting religious knowledge and harmonising it with modern conditions. This exegesis, expressed with eloquence and composure, endeavours to elucidate Quranic concepts within a scholarly framework for an informed audience.
Supervised by Sadegh Khademi
