of Nokounam, may his secret be sanctified (Session 1242)
The Holy Qur'an, like an illuminating lamp, has enlightened the path of humanity throughout history and, by critiquing unjust traditions, guides mankind towards justice and wisdom. Verses 138 and 139 of Surah Al-An'am, like a clear mirror, challenge discriminatory beliefs and ignorant customs, inviting humanity to reflect upon rulings and historical precedents. This discourse, with profound insight into these verses, examines gender discrimination, the impact of ethnic backgrounds, and the necessity of re-evaluating rulings in light of the objectives of the Shariah. Employing a lucid and dignified language, this text endeavours to present the Qur'anic concepts as a radiant gem before the readers' eyes.
وَقَالُوا مَا فِي بُطُونِ هَٰذِهِ الْأَنْعَامِ خَالِصَةٌ لِذُكُورِنَا وَمُحَرَّمٌ عَلَىٰ أَزْوَاجِنَا ۖ وَإِنْ يَكُنْ مَيْتَةً فَهُمْ فِيهِ شُرَكَاءُ ۚ سَيَجْزِيهِمْ وَصْفَهُمْ ۚ إِنَّهُ حَكِيمٌ عَلِيمٌ
And they say: "Whatever is in the bellies of these cattle is exclusively for our males and forbidden for our wives." Yet if it be a dead animal, they share in it. Soon will God recompense them for their assertion; indeed, He is Wise and Knowing.
This verse, like a sharp sword, unveils the discriminatory beliefs of the pre-Islamic pagan polytheists. They allocated the contents of the cattles belliesfrom meat and fat to other partsexclusively to men, depriving women thereof. This custom, rooted in tribal patriarchy, deprived women of equal rights. However, the verse, with wise subtlety, challenges this discrimination and identifies it as an accusation against God. The belief that women would suffer harm by consuming these parts was nothing but an illusion stemming from erroneous traditions.
This pre-Islamic custom, which deprived women of access to resources, was not only incompatible with divine justice but also rooted in tribal autocracy. The pagans justified denying women their natural rights by claiming consumption would harm them. Yet, the Holy Qur'an, like a pure spring, critiques this belief and demonstrates that such rulings are not from God but are products of ignorant human minds.
Verse 139 of Surah Al-An'am unequivocally condemns gender discrimination and shows that pre-Islamic rulings rooted in tribalism and autocracy conflict with divine wisdom. This verse, like a mirror, invites humanity to reconsider discriminatory beliefs.
As the verses indicate, some rulings within Islamic societies, such as differences in blood money (diyya) or maintenance (nafaqah), bear resemblance to pre-Islamic customs. These similarities arise not from divine revelation but from historical and ethnic backgrounds. For instance, the belief in the differing value of men and women in certain rulings persists as a faint echo of past ignorance within some Islamic communities.
This issue corresponds with a verse from Surah An-Nisa: And do not wish for that by which Allah has made some of you excel over others (Qur'an 4:32). This verse negates any unjust discrimination and extols equality.
This section demonstrated that some Islamic rulings, influenced by ethnic histories, share similarities with pre-Islamic customs. These parallels underscore the necessity of re-evaluating rulings through the lens of justice and divine wisdom.
وَقَالُوا هَٰذِهِ أَنْعَامٌ وَحَرْثٌ حِجْرٌ لَا يَطْعَمُهَا إِلَّا مَنْ نَشَاءُ بِزَعْمِهِمْ وَأَنْعَامٌ حُرِّمَتْ ظُهُورُهَا وَأَنْعَامٌ لَا يَذْكُرُونَ اسْمَ اللَّهِ عَلَيْهَا افْتِرَاءً عَلَيْهِ ۚ سَيَجْزِيهِمْ بِمَا كَانُوا يَفْتَرُونَ
And they say: "These cattle and crops are forbidden to us, except for whom we wish," by their claim; and cattle whose backs are forbidden, and cattle upon which they do not mention Allah's nameindeed, they invent lies against Him. God will recompense them for what they used to fabricate.
This verse, like a star in the firmament of knowledge, critiques the beliefs of the pagans, which originated in ethnicity rather than polytheism. The pagans assigned certain cattle and crops exclusively to particular groups and omitted invoking God's name upon them. This practice did not stem from religious polytheism but from tribal autocracy.
The Holy Qur'an was revealed within a historical context where tribal customs, like a rushing river, impacted its rulings. For instance, the gradual prohibition of wine in Surah Al-Ma'idah (O you who believe, indeed, intoxicants...) reflects the adaptation of rulings to social conditions. This gradual approach, like a bridge between past and present, indicates that divine rulings developed within historical contexts.
This section showed that ethnic and historical backgrounds cast a shadow over Qur'anic rulings and highlight the necessity of their re-examination in light of the objectives of Shariah.
Verse 139, emphasising God will recompense them for their assertion, indicates that God, like a wise and knowing judge, rewards or punishes each deed according to its precise nature. If one consumes liver, their retribution differs from one who consumes fat. This meticulousness, like a delicate scale, manifests divine justice.
This concept aligns with a verse from Surah Az-Zalzalah: So whoever does an atom's weight of good will see it, and whoever does an atom's weight of evil will see it. (Qur'an 99:7-8). This verse, like a beacon, elucidates the precise justice of God.
Divine justice, like a shining sun, recompenses every action with accuracy and wisdom. This section emphasises the importance of precise description of deeds and shows that God weighs every aspect of human conduct with the scale of wisdom.
The Holy Qur'an, in its own time, was an unparalleled gem; however, the stasis of its rulings over time, like mould on bread, has diminished its freshness. The Qur'anic rulings, shaped within historical and ethnic contexts, require re-examination in light of Shariah objectives to flow like a river, harmonising with the needs of the era.
The theory of the objectives of Shariah, like a golden key, opens the path to revising rulings. This theory interprets rulings in light of the lofty goals of the Shariah, such as justice and human dignity. For example, gender-based differences in rulings, rooted in ethnic antecedents, must be reconsidered within this framework.
This section, emphasising the stasis of rulings and the need for re-examination, demonstrated that the Holy Qur'an, like a mighty tree, requires pruning and reorganisation to bear the fruits of justice and wisdom in every era.
The pagans, with tribal autocracy, enacted rulings that originated not in religious polytheism but in tribal traditions. This autocracy, like dust upon the mirror of truth, hindered the perception of divine wisdom. The Holy Qur'an, by criticising these customs, guides humanity towards monotheism and justice.
This concept corresponds with a verse from Surah At-Tawbah: And those who hoard gold and silver (Qur'an 9:34). This verse condemns autocracy and deviation from justice.
This section, by critiquing tribal autocracy and religious deviations, showed that the Holy Qur'an, like a lamp, illuminates the path from the darkness of erroneous traditions.
God, like a pure gem, is free from human deviations; yet the pagans enacted false rulings in His name. This distortion, like a shadow over the light of truth, distanced religion from its authenticity. The Holy Qur'an, emphasising Glory be to Him, the Most High, absolves God from these distortions.
This section, stressing the oppression of God, demonstrated that human distortions have diverted religion from its true path and highlighted the necessity of returning to divine wisdom.
Verses 138 and 139 of Surah Al-An'am, like two brilliant gems, condemn discrimination and tribal autocracy, inviting humanity to reflect on historical backgrounds and the necessity of re-examining rulings. These verses, emphasising divine justice and the boundless wisdom of God, demonstrate that Qur'anic rulings have developed within historical contexts and require reinterpretation in light of the objectives of Shariah. This discourse, by reflecting movement and critique of erroneous traditions, paves the way for a renewed understanding of the Holy Qur'an.
