Surah Al-Maaida (5) — Ayah 33

(Ayah 33) ➊ {اِنَّمَا جَزٰٓؤُا الَّذِيْنَ …… :} This verse is called the verse of war (ayah al-muharaba). It refers to those people who rebel against a government that enforces the commands of Allah and His Messenger, and who commit robbery, looting, attempt to spread corruption in the land of Islam, and engage in murder and bloodshed. The ruler of the time may give them any of these four punishments. Some people say that only the one who has committed murder should be killed, and the punishment should be equal to the crime, but the explicit words of the verse do not support this. Rather, the ruling for these people is the same as for those at war (harbi), and the ruler may give any of these punishments, whether they are polytheists, Jews, or rebellious Muslims.

➋ {اَنْ يُّقَتَّلُوْۤا:} Because of the form of the verb (bab taf'il), "severely" has been added in the translation to express the increased intensity of meaning. Similarly, in { ”اَوْ يُصَلَّبُوْۤا“ } and {”اَوْ تُقَطَّعَ اَيْدِيْهِمْ“}, the form of the verb has been considered.

➌ According to most commentators, this verse was revealed about the people of 'Ukl and 'Uraynah, whose story Anas (may Allah be pleased with him) narrated as follows: These people came to Madinah as Muslims, but the climate did not suit them and they became ill. The Prophet (peace and blessings be upon him) ordered them to stay outside Madinah with the charity camels and drink their milk and urine (mixed). They went there, and after recovering, they renounced Islam, killed the shepherd (Yasar al-Nubi), and drove away the camels. The Messenger of Allah (peace and blessings be upon him) sent horsemen after them, who captured them and brought them to Madinah. The Prophet (peace and blessings be upon him) ordered that their hands and feet be cut off and that hot iron rods be passed over their eyes, then they were thrown out in the sun until they all died. [ بخاری، الجہاد والسیر، باب إذا حرق المشرک المسلم ھل یحرق: ۳۰۱۸۔ مسلم : ۱۶۷۱ ] In a narration of Muslim, it is mentioned that the Prophet (peace and blessings be upon him) ordered the hot rods to be passed over their eyes because they had done the same to the shepherd. [ مسلم، القسامۃ والمحاربین، باب حکم المحاربین و المرتدین : 1671/14]

33. 1. Regarding the reason for its revelation, it is mentioned that some people from the tribes of ‘Ukl and ‘Uraynah came to Madinah as Muslims. The climate of Madinah did not suit them, so the Prophet ﷺ sent them outside Madinah, where the camels of charity were kept, and told them to drink their milk and urine; Allah would grant them healing. After a few days, they recovered, but then they killed the shepherd and caretaker of the camels and drove the camels away. When the Prophet ﷺ was informed of this, he sent men after them, who caught them along with the camels. The Prophet ﷺ had their hands and feet cut off from opposite sides, and hot iron rods were passed over their eyes (because they had done the same to the shepherd), then they were left in the sun until they died there. In Sahih Bukhari, it is also mentioned that they committed theft and murder, reverted to disbelief after accepting faith, and waged war against Allah and His Messenger (Sahih Bukhari). This verse is called the verse of Muharaba. Its ruling is general, meaning it includes both Muslims and disbelievers. Muharaba means: an organized and armed group attacking caravans, individuals, or groups within the domain of the Islamic government or near it, such as in the desert, committing murder, massacre, robbery, abduction, and violation of honor, etc. The punishments that have been mentioned for this, the Imam or the Caliph of the time has the authority to choose whichever punishment he deems appropriate. Some people say that if the Muharibeen committed murder, robbery, and terrorism, they will be given the punishment of being killed and crucified; and whoever only killed but did not take wealth will be killed; and whoever killed and also took wealth, his right hand and left foot or left hand and right foot will be cut off; and whoever neither killed nor took wealth, but only committed terrorism, will be exiled. But Imam Shawkani says the first opinion is Sahih, that the Imam has the authority in giving punishment. (Fath al-Qadeer)

33. The punishment for those who wage war against Allah and His Messenger [66] and strive to spread corruption in the land is nothing but that they be painfully executed, or crucified, or have their hands and feet cut off on opposite sides, or be exiled from the land. That is their disgrace in this world, and in the Hereafter they will have a great punishment.

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Forms of Waging War Against Allah and His Messenger and Their Punishments:

In this verse, waging war against Allah and His Messenger is generally understood to mean ḥirābah, that is, banditry or highway robbery. Then, in this verse, the four types of punishments are related to the nature of the crimes in the following way:
(1) If the criminal has committed murder but did not get the chance to take property, he will be killed in retribution;
(2) If he has committed both murder and robbery, he will be crucified;
(3) If he has only taken property and not committed murder, his hands and feet will be cut off from opposite sides;
(4) If he has neither committed murder nor taken property and is caught before committing robbery, he will be exiled.
Furthermore, the judge may combine any two of these punishments according to the nature of the crime, or he may increase or decrease any one of them. However, the wording of this verse is general, so the hadith scholars, under this verse, mention the incident of ‘Ukl and ‘Uraynah. This hadith is as follows:

The Story of ‘Ukl and ‘Uraynah:

Sayyiduna Anas ؓ narrates: “Some people from the tribes of ‘Ukl and ‘Uraynah came to the Prophet ﷺ in Madinah and began to recite the kalimah of Islam. They said, ‘O Messenger of Allah! We are herdsmen, not farmers.’ The climate of Madinah did not suit them. The Prophet ﷺ assigned them some camels and a shepherd and said, ‘Go (to the desert) and drink the milk and urine of these camels.’ They stayed near Harrah and, through this treatment, became healthy and robust. Then their intentions changed, and they became apostates from Islam. They tortured the Prophet’s ﷺ shepherd (Yasār) by passing hot iron rods through his eyes, inflicted various pains upon him, killed him, and drove away the camels. When the Prophet ﷺ was informed, he sent men to capture them. When they were brought back, the Prophet ﷺ ordered that hot iron rods be passed through their eyes, their hands and feet be cut off, and they be thrown in a corner of Harrah, where they died in that state.” They would ask for water, but no one would give them water. Abu Qilabah says this was because they had committed theft, murder, chosen disbelief after faith, and waged war against Allah and His Messenger.
[بخاری۔ کتاب المغازی۔ باب قصۃ عکل و عرینۃ نیز کتاب التفسیر۔ زیر آیت مذکورہ۔ نیز کتاب الوضوء باب ابو ال الابل]
In this incident, not only was there an act of banditry, but also looting through deception, murder, and apostasy were involved, and all of this falls under waging war against Allah and His Messenger and spreading corruption in the land. Furthermore, misleading propaganda against Islam, criminal conspiracies, treason and rebellion against the Islamic government—all these can fall under waging war against Allah and His Messenger and spreading corruption in the land, but not under the category of banditry. Therefore, the meaning of this verse should be taken in its broad sense, and the judge may increase or decrease these punishments according to the nature of each crime.