Surah Al-Maaida (5) — Ayah 45

(Ayah 45) ➊ {وَ كَتَبْنَا عَلَيْهِمْ فِيْهَاۤ اَنَّ النَّفْسَ بِالنَّفْسِ :} In this verse as well, there is a rebuke to the Jews, meaning just as they had altered the command of stoning (rajm), similarly, equality was prescribed for them in lives (souls) and wounds, which is still present in the Torah, Book of Exodus, chapter (21), verses (23–25), but they altered and suspended it. In the time of the Messenger of Allah (peace and blessings be upon him), among the Jewish tribes, Banu Nadir were powerful and Banu Qurayza were weak, so the Jews would take retribution (qisas) from Banu Qurayza for Banu Nadir, but would not take retribution from Banu Nadir for Banu Qurayza; instead, they would pay blood money (diyah) for their slain. (Ibn Jarir) The author of "Hidayat al-Mustaneer" has declared this Hasan. There is consensus on the authority of the issues mentioned in this verse, so for a woman killed, the male killer will be killed, whether he is from a small tribe or a large one; all are equal in retribution. The Messenger of Allah (peace and blessings be upon him) said: [ اَلْمُسْلِمُوْنَ تَتَكَافَأُ دِمَاؤُهُمْ ] "The blood of the Muslims is equal." [ أبو داوٗد، الجہاد، باب فی السریۃ ترد علی أھل العسکر :۲۷۵۱۔ أحمد : 123/1۔ نسائی : ۲۷۵۰۔ ح : ۹۹۵ ابن ماجہ : ۲۶۸۳، وقال الألبانی حسن صحیح ] Some people have inferred from this verse (life for life) that a Muslim should be killed for a disbeliever, but in Sahih Bukhari (6915), the Messenger of Allah (peace and blessings be upon him) has clearly stated: [ وَاَنْ لَا يُقْتَلَ مُسْلِمٌ بِکَافِرٍ] "A Muslim is not killed for a disbeliever." The reason is that a disbeliever cannot be the equal (kufu’) of a believer. Imam Shafi’i (may Allah have mercy on him) has transmitted the consensus of the Ummah against those who hold that a Muslim should be killed for a disbeliever. (Ibn Kathir)

➋ Among the major reasons for the decline of Muslims today is that some people have invented such rulings, clearly contrary to the Qur’an and Sunnah, that retribution (qisas) has become almost impossible. They have made this rule: if the killing is done with a sharp-edged weapon or by burning with fire, then there is qisas, otherwise not. Thus, even if someone intentionally kills another by repeatedly striking with the heaviest of stones, there will be no qisas, only blood money (diyah), even though this is not established from the Qur’an and Hadith. The Messenger of Allah (peace and blessings be upon him) crushed the head of a Jew with stones in the same way as he had crushed the head of a girl. [ بخاری، الدیات، باب سؤال القاتل حتی یقرّ…… : ۶۸۷۶ ] Therefore, according to the Qur’an and Hadith, if intentional killing is proven, then there is qisas, no matter how the killing is done. But some of these people say that if someone drowns another, or kills by starving, or by placing in a block of ice, in short, they mention many such cases and say there is no qisas in these, because the weapon is not sharp-edged. Obviously, in courts where such people’s rulings prevail, only those who do not know these tricks will become targets of qisas. Then, when there is no justice in the law itself, how can any nation remain deserving of Allah’s promise of help?

➌ {فَمَنْ تَصَدَّقَ بِهٖ فَهُوَ كَفَّارَةٌ لَّهٗ:} It is narrated from ‘Ubadah ibn Samit (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: "If a person is wounded on his body, then he forgives it, Allah Almighty will make it an expiation for his sins to the extent that he forgave for his sins." [ أحمد : 316/5، ح : ۲۲۷۶۷۔ السنن الکبریٰ للنسائی، التفسیر : ۱۱۱۴۶]

➍ {وَ مَنْ لَّمْ يَحْكُمْ بِمَاۤ اَنْزَلَ اللّٰهُ ……:} That is, if he does not deny the Qur’an and Hadith but judges contrary to them, then he is a wrongdoer.