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5. Al-Maaida

The Table · Medinan · 120 ayahs

سُورَةُ المَائـِدَةِ

Reading Maarif-ul-Quran by Mufti Muhammad Shafi

Ayahs 31–40 of 120

31

فَبَعَثَ ٱللَّهُ غُرَابًۭا يَبْحَثُ فِى ٱلْأَرْضِ لِيُرِيَهُۥ كَيْفَ يُوَٰرِى سَوْءَةَ أَخِيهِ ۚ قَالَ يَٰوَيْلَتَىٰٓ أَعَجَزْتُ أَنْ أَكُونَ مِثْلَ هَٰذَا ٱلْغُرَابِ فَأُوَٰرِىَ سَوْءَةَ أَخِى ۖ فَأَصْبَحَ مِنَ ٱلنَّٰدِمِينَ

Then Allah sent a crow searching in the ground to show him how to hide the disgrace of his brother. He said, "O woe to me! Have I failed to be like this crow and hide the body of my brother?" And he became of the regretful.

Commentary

The Story of Habil (Abel) and Qabil (Cain)

In these verses, Allah Ta` a1a has instructed the Holy Prophet ﷺ that he should relate the story of the two sons of Adam truthfully to the people of the Book, or to the whole Ummah.

People who are blessed with insight into the Holy Qur'an know that it is no book of folklore, fiction or history where the purpose is to relate an event from the beginning to the end. But, events of the past and accounts of earlier peoples carry many lessons and wise counsels within their fold. That is the real essence of history. Then, in them, there are such conditions and circumstances as form the basis of different religious injunctions. In view of these very beneficial considerations, the Qur'an employs a methodology of its own throughout the text. It would, when the occasion warrants, narrate an event. Most of-ten, it would not narrate the whole event in one sequence and at one place. In fact, preference is given to narrating a particular segment from it which bears some element of purpose and is relevant at the given place.

This story of the two sons of Adam (علیہ السلام) is being narrated here in the same style. It has many lessons and good counsels for the present and future generations; and under them, mention has been made of many religious injunctions.

We shall proceed by explaining the words used in the text of the Qur'an following which you will have an idea of the main story, and after that we shall be talking about injunctions and rulings contained therein.

In the previous verses, mentioned there was the command of Jihad given to the Bani Isra'il and how cowardly and evasive they turned out to be in response. Set in contrast, the present story condemns unjust killing and the destruction it brings in its wake. The purpose is to bring the people to adhere to moderation and balance in this matter, for the way it is an error to cringe and back out from fighting and killing to uphold the truth and put an end to falsehood, similarly, starting to kill and fight unjustly amounts to a stock destruction of one's material and spiritual life both in the present world and in the Hereafter.

As for the expression: ابْنَيْ آدَمَ (ibniy Adama: the two sons of Adam) appearing in the first verse (27), it can be said that, for that matter, every human being, man and woman, is from the progeny of Adam (علیہ السلام) and everyone can be identified as being from among the children of Adam. But, according to the judgment of the majority of authentic scholars of Tafsir, the expression: ابْنَيْ آدَمَ at this place means the two real sons of Sayyidna Adam (علیہ السلام) that is, Habil and Qabil. It was to relate their story that it was said: وَاتْلُ عَلَيْهِمْ نَبَأَ ابْنَيْ آدَمَ بِالْحَقِّ (and recite to them the story of the two sons of Adam truthfully).

While Reporting Historical Accounts, Caution and Truth are Mandatory

Here, by adding the word: بِالْحَقِّ (bil-haqq: truthfully), stress has been placed on an important principle to be observed while reporting historical narratives. Great caution is mandatory in this matter. These narratives should have nothing false in them, nothing contrary to the truth, …

Al-Maaida 5:31Listen in Qur'an →
32

مِنْ أَجْلِ ذَٰلِكَ كَتَبْنَا عَلَىٰ بَنِىٓ إِسْرَٰٓءِيلَ أَنَّهُۥ مَن قَتَلَ نَفْسًۢا بِغَيْرِ نَفْسٍ أَوْ فَسَادٍۢ فِى ٱلْأَرْضِ فَكَأَنَّمَا قَتَلَ ٱلنَّاسَ جَمِيعًۭا وَمَنْ أَحْيَاهَا فَكَأَنَّمَآ أَحْيَا ٱلنَّاسَ جَمِيعًۭا ۚ وَلَقَدْ جَآءَتْهُمْ رُسُلُنَا بِٱلْبَيِّنَٰتِ ثُمَّ إِنَّ كَثِيرًۭا مِّنْهُم بَعْدَ ذَٰلِكَ فِى ٱلْأَرْضِ لَمُسْرِفُونَ

Because of that, We decreed upon the Children of Israel that whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he had slain mankind entirely. And whoever saves one - it is as if he had saved mankind entirely. And our messengers had certainly come to them with clear proofs. Then indeed many of them, [even] after that, throughout the land, were transgressors.

Commentary

The Story of Habil (Abel) and Qabil (Cain)

In these verses, Allah Ta` a1a has instructed the Holy Prophet ﷺ that he should relate the story of the two sons of Adam truthfully to the people of the Book, or to the whole Ummah.

People who are blessed with insight into the Holy Qur'an know that it is no book of folklore, fiction or history where the purpose is to relate an event from the beginning to the end. But, events of the past and accounts of earlier peoples carry many lessons and wise counsels within their fold. That is the real essence of history. Then, in them, there are such conditions and circumstances as form the basis of different religious injunctions. In view of these very beneficial considerations, the Qur'an employs a methodology of its own throughout the text. It would, when the occasion warrants, narrate an event. Most of-ten, it would not narrate the whole event in one sequence and at one place. In fact, preference is given to narrating a particular segment from it which bears some element of purpose and is relevant at the given place.

This story of the two sons of Adam (علیہ السلام) is being narrated here in the same style. It has many lessons and good counsels for the present and future generations; and under them, mention has been made of many religious injunctions.

We shall proceed by explaining the words used in the text of the Qur'an following which you will have an idea of the main story, and after that we shall be talking about injunctions and rulings contained therein.

In the previous verses, mentioned there was the command of Jihad given to the Bani Isra'il and how cowardly and evasive they turned out to be in response. Set in contrast, the present story condemns unjust killing and the destruction it brings in its wake. The purpose is to bring the people to adhere to moderation and balance in this matter, for the way it is an error to cringe and back out from fighting and killing to uphold the truth and put an end to falsehood, similarly, starting to kill and fight unjustly amounts to a stock destruction of one's material and spiritual life both in the present world and in the Hereafter.

As for the expression: ابْنَيْ آدَمَ (ibniy Adama: the two sons of Adam) appearing in the first verse (27), it can be said that, for that matter, every human being, man and woman, is from the progeny of Adam (علیہ السلام) and everyone can be identified as being from among the children of Adam. But, according to the judgment of the majority of authentic scholars of Tafsir, the expression: ابْنَيْ آدَمَ at this place means the two real sons of Sayyidna Adam (علیہ السلام) that is, Habil and Qabil. It was to relate their story that it was said: وَاتْلُ عَلَيْهِمْ نَبَأَ ابْنَيْ آدَمَ بِالْحَقِّ (and recite to them the story of the two sons of Adam truthfully).

While Reporting Historical Accounts, Caution and Truth are Mandatory

Here, by adding the word: بِالْحَقِّ (bil-haqq: truthfully), stress has been placed on an important principle to be observed while reporting historical narratives. Great caution is mandatory in this matter. These narratives should have nothing false in them, nothing contrary to the truth, …

Al-Maaida 5:32Listen in Qur'an →
33

إِنَّمَا جَزَٰٓؤُا۟ ٱلَّذِينَ يُحَارِبُونَ ٱللَّهَ وَرَسُولَهُۥ وَيَسْعَوْنَ فِى ٱلْأَرْضِ فَسَادًا أَن يُقَتَّلُوٓا۟ أَوْ يُصَلَّبُوٓا۟ أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُم مِّنْ خِلَٰفٍ أَوْ يُنفَوْا۟ مِنَ ٱلْأَرْضِ ۚ ذَٰلِكَ لَهُمْ خِزْىٌۭ فِى ٱلدُّنْيَا ۖ وَلَهُمْ فِى ٱلْءَاخِرَةِ عَذَابٌ عَظِيمٌ

Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment,

Commentary

Qur'anic Laws are Unique and Revolutionary

Mentioned in the previous verses (27-32) was the event of the killing of Habil (Abel) and its gravity as a crime. In the verses cited above, and in verses which follow, there is a description of the legal punishments for killing, plundering, robbery and theft. Prompted in between the description of the punishments for robbery and theft is the need to fear Allah and the desirability of seeking nearness to Him through acts of obedience. This approach of the Qur'an, acting in a very subtle manner, prepares the human mind to accept the desired revolutionary change in thinking. The reason is that the Holy Qur'an, unlike the penal codes of the world, does not stop at a simple codification of crime and punishment. Instead of doing that, it combines with each crime and its punishment the ultimate fear of Allah and the Hereafter making the later almost present before him whereby it would turn the hu-man orientation towards a state of being the very thought of which leaves a person all cleansed from every defect and sin. An impartial view of things as they are around us will prove that, without the motivating factors of the fear of Allah and the apprehension of the Here-after, no law or police or army of this world can guarantee that crimes can be eradicated from human societies. It is this wise and affection-ate approach of the Holy Qur'an which ushered a revolution in the world when it created a society of human beings who, in their Godliness, were ahead of even angels.

The Three Kinds of Islamic Legal Punishments

Before we proceed with the details of the Islamic legal punishments for robbery and theft mentioned in the verses cited above and present our explanations of the particular verses, it seems appropriate to clarify the Islamic legal terminology concerning these punishments - a lack of familiarity with which causes even educated people to fall in doubts. Under all common laws of the world, punishments for crimes are considered penalties in an absolute sense, irrespective of the crime concerned. Law books like the Indian Penal Code, Pakistan Penal Code and some others in other countries are comprised of all sorts of crimes and their punishments. But, in the Shari'ah of Islam, things work differently. Here, the punishments of crimes have been divided into three kinds. These are: Hudud (Islamic legal punishment delimited as Divine Statute; plural of Hadd), Qisas (Even Retaliation) and Ta` zirat (Penalties; plural of Ta` zir). Before we move on to define these three kinds and explain their sense, it will be useful to bear two things in mind.

Firstly, it is necessary to know that crimes which bring harm or loss to a human being inflict injustice not only on the created but also cause disobedience to the Creator. Therefore, in every crime of this nature, the Right of Allah (Haqqullah) and the Right of the Servant of Allah (Haqqul ‘Abd) are intermingled, and one becomes guilty of both crimes. But, in some crimes, the status of the Right of the Servant of Allah is more important while, in some others, the status of the Right of Allah is more prominent. As for the modus operandi in religious …

Al-Maaida 5:33Listen in Qur'an →
34

إِلَّا ٱلَّذِينَ تَابُوا۟ مِن قَبْلِ أَن تَقْدِرُوا۟ عَلَيْهِمْ ۖ فَٱعْلَمُوٓا۟ أَنَّ ٱللَّهَ غَفُورٌۭ رَّحِيمٌۭ

Except for those who return [repenting] before you apprehend them. And know that Allah is Forgiving and Merciful.

In the second verse (34) : إِلَّا الَّذِينَ تَابُوا مِن قَبْلِ أَن تَقْدِرُ‌وا عَلَيْهِمْ (... except those who repent before you overpower them), an exception has been mentioned. The exception is that should the robbers and rebels were to repent - before they are surrounded and overpowered by government forces, and are in a state when their position of strength is still operative - and decide on their own to abandon their practice of highway robbery, then, this Prescribed Punishment will stand dropped in their case. This exception is different from the general Law of Hudud because in other crimes such as theft and adultery, if the criminal, after he has committed the crime and has been indicted by a Qadi court as guilty, were to prove that he had repented genuinely, then, though the punishment of the Hereafter (Akhirah) would stand forgiven by virtue of this repentance, yet the Islamic Prescribed Punishment ( حَد شَرعی ) will not be forgiven in this mortal world - as it will be explained later, after some verses, under the punishment for theft.

The wisdom behind this exception is that, on the one hand, such severity has been maintained in the punishment of robbers that for the commitment of the crime - even if by one person out of a whole group - punishment is given to the whole group. Therefore, on the other hand, things have been made softer and lighter through this exception, that is, let them repent if they would, in which case, the punishment of the mortal world would also be forgiven. In addition to that, there is a strategic advantage here in this provision, that is, it is not always easy to control or overpower a powerful group, therefore, the door of persuasion has been left open for them so that they are induced to repent.

Yet another expedient consideration in this matter is that killing a person is an extreme punishment. Here, the drift of the Islamic Law is that it should happen as rarely as possible while, in a case of robbery, the killing of a whole group becomes necessary, therefore, the ef-fort to reform them too, through persuasion, was continued simultaneously. The kind of effect it produced was that ` Ali Asadi who robbed passersby on the outskirts of Madinah with the help of his group happened to hear one of those days the following verse of the Holy Qur'an being recited by a Qari in the caravan (under attack) : يَا عِبَادِيَ الَّذِينَ أَسْرَ‌فُوا عَلَىٰ أَنفُسِهِمْ لَا تَقْنَطُوا مِن رَّ‌حْمَةِ اللَّـهِ (0 My servants who have committed excesses against their own selves, do not lose hope in the mercy of Allah - Zumar, 39-53). When he looked for the Qari and found him, he asked him to re-cite the verse once again. When he had heard the verse the second time, he put his sword back into the sheath, repented from robbery and reached Madinah. At that time, Marwan ibn al-Hakam was the chief executive of Madinah. The well-known Sahabi, Sayyidna Abu Hurairah ؓ I held Asadi by the hand and took him to the Amir of Madinah. Before him, he recited this verse of the Qur'an and said: You cannot give him any punishment.

The government was already helpless :against their robbery and the disorder generated by it. Everyone was …

Al-Maaida 5:34Listen in Qur'an →
35

يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ ٱتَّقُوا۟ ٱللَّهَ وَٱبْتَغُوٓا۟ إِلَيْهِ ٱلْوَسِيلَةَ وَجَٰهِدُوا۟ فِى سَبِيلِهِۦ لَعَلَّكُمْ تُفْلِحُونَ

O you who have believed, fear Allah and seek the means [of nearness] to Him and strive in His cause that you may succeed.

Commentary

In verses previous to those cited above, the Islamic Prescribed Punishment of robbery and rebellion, as well as the details of injunctions relating to them, were mentioned while the Prescribed Punishment for theft is coming up after three verses later. The three verses which appear in between talk about Taqwa (the fear of Allah), obedience to and the worship of Allah, inducement to Jihad (fighting or struggling in the way of Allah ) as well as the ruinous effects of disbelief, rejection, obstinacy and disobedience. A deeper look into this particular style of the Qur'an would reveal that its oft-recurring approach is not simply to state the letter of the law of penalty and punishment as some cold and coercive command from the law giver and just leave it at that, instead, by taking the approach of an affectionate nourisher and nurturer, it also smooths out the edges of the human mind to prepare it for its ultimate abstention from crimes. And when it awakens the human minds to the awaiting realities of the fear of Allah and the Akhirah (Hereafter) and when it makes the everlasting blessing and bliss of Paradise appear almost in sight, it goes on to change hearts replacing their chronic taste for crime with instant distaste. This is the reason why words similar to: اِتَّقُوا اللہِ (fear Allah) are repeated after stated laws of crime and punishment. Here too, three things have been commanded:

1. The first one is : اِتَّقُوا اللہِ , that is, ` fear Allah', for it is the fear of Allah alone which can really stop human beings from committing crimes openly and secretly.

2. The second one is that is, ` seek the nearness of Allah.' The word, وَابْتَغُوا إِلَيْهِ الْوَسِيلَةَ : wasilah, left untranslated, is a derivation from the verbal noun, ` waslun', which means to make effort to become close to someone. This word, whether spelt with the letter, sin سین : وسیلہ) or sad (وصیلہ : صاد), is used almost in the same sense. The only difference is that waslun spelt with the letter, Sad (صاد) refers to becoming close in the absolute sense, while, waslun spelt with the letter, sin, is used to denote seeking to gain nearness with longing and love. Related details appear in the Sihah of Jauhari and in the Mufradat of Raghib al-Isfahani. So, wuslah (وصلہ) or wasilah (وصیلہ) spelt with the letter, Sad, refer to something which brings about nearness or conjunction between two things, whether that nearness comes to be through longing and love, or in some other form. As for the word, wasilah (وسیلہ) spelt with the letter, sin, it means that which brings someone closer to some-one else through liking and love. (Lisan al-` Arab, Mufradat al-Qur'an)

The act of seeking to gain access to Allah - that is,` wasilah' to Allah, to be precise - is anything which brings a servant of Allah nearer to his or her sole object of worship with all longing and love. Therefore, the righteous elders, the Sahabah and Tabi` in have explained the word, ` wasilah', to mean obedience, nearness, faith and righteous conduct. Sayyidna 1Iudhayfah, as reported by Hakim, said : ` Wasilah' means nearness and obedience, and Ibn Jarir has reported the same on the authority of ` Ata', …

Al-Maaida 5:35Listen in Qur'an →
36

إِنَّ ٱلَّذِينَ كَفَرُوا۟ لَوْ أَنَّ لَهُم مَّا فِى ٱلْأَرْضِ جَمِيعًۭا وَمِثْلَهُۥ مَعَهُۥ لِيَفْتَدُوا۟ بِهِۦ مِنْ عَذَابِ يَوْمِ ٱلْقِيَٰمَةِ مَا تُقُبِّلَ مِنْهُمْ ۖ وَلَهُمْ عَذَابٌ أَلِيمٌۭ

Indeed, those who disbelieve - if they should have all that is in the earth and the like of it with it by which to ransom themselves from the punishment of the Day of Resurrection, it will not be accepted from them, and for them is a painful punishment

Commentary

In verses previous to those cited above, the Islamic Prescribed Punishment of robbery and rebellion, as well as the details of injunctions relating to them, were mentioned while the Prescribed Punishment for theft is coming up after three verses later. The three verses which appear in between talk about Taqwa (the fear of Allah), obedience to and the worship of Allah, inducement to Jihad (fighting or struggling in the way of Allah ) as well as the ruinous effects of disbelief, rejection, obstinacy and disobedience. A deeper look into this particular style of the Qur'an would reveal that its oft-recurring approach is not simply to state the letter of the law of penalty and punishment as some cold and coercive command from the law giver and just leave it at that, instead, by taking the approach of an affectionate nourisher and nurturer, it also smooths out the edges of the human mind to prepare it for its ultimate abstention from crimes. And when it awakens the human minds to the awaiting realities of the fear of Allah and the Akhirah (Hereafter) and when it makes the everlasting blessing and bliss of Paradise appear almost in sight, it goes on to change hearts replacing their chronic taste for crime with instant distaste. This is the reason why words similar to: اِتَّقُوا اللہِ (fear Allah) are repeated after stated laws of crime and punishment. Here too, three things have been commanded:

1. The first one is : اِتَّقُوا اللہِ , that is, ` fear Allah', for it is the fear of Allah alone which can really stop human beings from committing crimes openly and secretly.

2. The second one is that is, ` seek the nearness of Allah.' The word, وَابْتَغُوا إِلَيْهِ الْوَسِيلَةَ : wasilah, left untranslated, is a derivation from the verbal noun, ` waslun', which means to make effort to become close to someone. This word, whether spelt with the letter, sin سین : وسیلہ) or sad (وصیلہ : صاد), is used almost in the same sense. The only difference is that waslun spelt with the letter, Sad (صاد) refers to becoming close in the absolute sense, while, waslun spelt with the letter, sin, is used to denote seeking to gain nearness with longing and love. Related details appear in the Sihah of Jauhari and in the Mufradat of Raghib al-Isfahani. So, wuslah (وصلہ) or wasilah (وصیلہ) spelt with the letter, Sad, refer to something which brings about nearness or conjunction between two things, whether that nearness comes to be through longing and love, or in some other form. As for the word, wasilah (وسیلہ) spelt with the letter, sin, it means that which brings someone closer to some-one else through liking and love. (Lisan al-` Arab, Mufradat al-Qur'an)

The act of seeking to gain access to Allah - that is,` wasilah' to Allah, to be precise - is anything which brings a servant of Allah nearer to his or her sole object of worship with all longing and love. Therefore, the righteous elders, the Sahabah and Tabi` in have explained the word, ` wasilah', to mean obedience, nearness, faith and righteous conduct. Sayyidna 1Iudhayfah, as reported by Hakim, said : ` Wasilah' means nearness and obedience, and Ibn Jarir has reported the same on the authority of ` Ata', …

Al-Maaida 5:36Listen in Qur'an →
37

يُرِيدُونَ أَن يَخْرُجُوا۟ مِنَ ٱلنَّارِ وَمَا هُم بِخَٰرِجِينَ مِنْهَا ۖ وَلَهُمْ عَذَابٌۭ مُّقِيمٌۭ

They will wish to get out of the Fire, but never are they to emerge therefrom, and for them is an enduring punishment.

That this punishment would be everlasting for disbelievers has been made clear through the third verse (37).

Al-Maaida 5:37Listen in Qur'an →
38

وَٱلسَّارِقُ وَٱلسَّارِقَةُ فَٱقْطَعُوٓا۟ أَيْدِيَهُمَا جَزَآءًۢ بِمَا كَسَبَا نَكَٰلًۭا مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَزِيزٌ حَكِيمٌۭ

[As for] the thief, the male and the female, amputate their hands in recompense for what they committed as a deterrent [punishment] from Allah. And Allah is Exalted in Might and Wise.

The fourth verse (38) reverts to the subject of the punishment of crimes where the Islamic Legal Punishment of theft has been described. The punishment for theft belongs to the category of Hudud which is one of the three kinds of Islamic Legal Punishments dis-cussed earlier (under the Tafsir of verses 33 and 34). Since the Holy Qur'an has itself fixed this punishment, it has not been left at the discretion of the relevant authorities. The Holy Qur'an has determined it as the Right of Allah (Haqqullah), therefore, it is called the Hadd of Sariqah (The Islamic Legal Punishment of Theft). The words of the verse are:

وَالسَّارِ‌قُ وَالسَّارِ‌قَةُ فَاقْطَعُوا أَيْدِيَهُمَا جَزَاءً بِمَا كَسَبَا نَكَالًا مِّنَ اللَّـهِ ۗ وَاللَّـهُ عَزِيزٌ حَكِيمٌ

As for a man or woman who commits theft, cut off the hands of both to recompense them for what they earned, a deterrent from Allah. And Allah is Mighty, Wise.

Noteworthy here is the fact that the address in Qur'anic injunctions is generally to men wherein women are also understood as included consequentially. In Salah, Sawm, Hajj, Zakah and in all injunctions of the Shari’ ah, this is the general operating principle of Qur'an and Sunnah. But, in the case of the punishment for theft and adultery, the text here does not limit itself to addressing men only, in-stead of which it addresses its command to both sexes mentioning them separately.

One reason for doing so is that this is a matter of Hudud in which the least doubt could cause it to be dropped. Therefore, women were not left as implied under the address. They were, rather, mentioned explicitly.

Understanding the Islamic Law of Sariqah (Theft)

Something else we should find out at this stage is the very sense of the word, 'Sariqah' and its definition as determined in the Shari` ah of Islam. According to Al-Qamus, the Arabic Lexicon, if anyone takes what belongs to someone else, from a secured place, without his or her permission, clandestinely, it is called "Sariqah." And this is its Islamic legal definition too. So, in the light of this definition, in order that Sariqah be proved, a few ingredients must exist:

1. BEING PRIVATELY- OWNED: The property concerned must have been owned privately by an individual or group. The stealer should own nothing in it, nor should there be any doubt of such owner-ship, nor should there be things in it in which the rights of common people are equal, such as, institutions of public welfare and their be-longings. This tells us that should someone take something in which he or she has ownership rights, or there is a doubt of such ownership, or in which the rights of common people are equal, then, the Hadd of Sariqah, the Islamic Prescribed Punishment, will not be enforced against the stealer. However, the relevant authority of the time could enforce punitive punishment (Ta` zir) at his discretion.

2. BEING SECURED: It means that the stolen property must be secured as in a locked house or under a security guard. Property not in a secured place, if picked up by someone, would also not render that person liable to be charged with the Hadd of Sariqah. However, should there be even a doubt in the property concerned …

Al-Maaida 5:38Listen in Qur'an →
39

فَمَن تَابَ مِنۢ بَعْدِ ظُلْمِهِۦ وَأَصْلَحَ فَإِنَّ ٱللَّهَ يَتُوبُ عَلَيْهِ ۗ إِنَّ ٱللَّهَ غَفُورٌۭ رَّحِيمٌ

But whoever repents after his wrongdoing and reforms, indeed, Allah will turn to him in forgiveness. Indeed, Allah is Forgiving and Merciful.

The next verse (39) says:

مَن تَابَ مِن بَعْدِ ظُلْمِهِ وَأَصْلَحَ فَإِنَّ اللَّـهَ يَتُوبُ عَلَيْهِ ۗ إِنَّ اللَّـهَ غَفُورٌ‌ رَّ‌حِيمٌ ﴿39﴾

And whoever repents after his transgression and corrects himself, then Allah shall relent towards him. Surely, Allah is Most-Forgiving, Very-Merciful.

It will be recalled that forgiveness was also mentioned in connection with the Prescribed Punishment for robbery appearing a few verses earlier (34) - and forgiveness has been mentioned after the punishment for theft as well. But, the statement of forgiveness at both places has a particular difference and it is on the basis of this difference that the sense of forgiveness in both punishments has been taken differently by Muslim jurists. While ordaining the punishment for robbery, giving an exception, Almighty Allah has said: إِلَّا الَّذِينَ تَابُوا مِن قَبْلِ أَن تَقْدِرُ‌وا عَلَيْهِمْ (except those who repent before you overpower them - 5:34) the outcome of which is that the Hadd Punishment for robbery mentioned in the verse provides an exemption whereby the one who repents - before robbers are overpowered and arrested by the government - shall have his Hadd Punishment forgiven. As for the forgiveness mentioned after the punishment for theft, it does not have the exemption from this temporal punishment. It is rather in terms of the Hereafter that this repentance shall be accepted towards which a clear indication exists in the words: فَإِنَّ اللَّـهَ يَتُوبُ عَلَيْهِ (then Allah shall relent towards him). In other words, the relevant ruler of the time will not abandon the Hadd Pun-ishment because of this repentance, instead of that, Almighty Allah will, by forgiving their crime, grant deliverance to them from the punishment of the Hereafter. Therefore, Muslim jurists almost unanimously agree that the Hadd Punishment for robbery shall not be en-forced on robbers who repent before they are arrested. But, should a thief were to forsake and repent from stealing after having committed a theft - whether before or after arrest - then, the Hadd of Sariqah, the Islamic Legal Punishment, which is a temporal punishment, will not be forgiven. That the sin is forgiven and deliverance from the punishment of the Hereafter has been achieved is not contrary to this.

Al-Maaida 5:39Listen in Qur'an →
40

أَلَمْ تَعْلَمْ أَنَّ ٱللَّهَ لَهُۥ مُلْكُ ٱلسَّمَٰوَٰتِ وَٱلْأَرْضِ يُعَذِّبُ مَن يَشَآءُ وَيَغْفِرُ لِمَن يَشَآءُ ۗ وَٱللَّهُ عَلَىٰ كُلِّ شَىْءٍۢ قَدِيرٌۭ

Do you not know that to Allah belongs the dominion of the heavens and the earth? He punishes whom He wills and forgives whom He wills, and Allah is over all things competent.

The later verse (40) says:

أَلَمْ تَعْلَمْ أَنَّ اللَّـهَ لَهُ مُلْكُ السَّمَاوَاتِ وَالْأَرْ‌ضِ يُعَذِّبُ مَن يَشَاءُ وَيَغْفِرُ‌ لِمَن يَشَاءُ ۗ وَاللَّـهُ عَلَىٰ كُلِّ شَيْءٍ قَدِيرٌ‌ ﴿40﴾

Do you know that to Allah alone belongs the kingdom of the heavens and the earth? He punishes whomsoever He wills and He forgives whomsoever He wills. And Allah is powerful over everything.

This verse is linked with and homogeneous to previous verses which feature stringent injunctions of the Islamic Legal Punishments for robbery and theft. A shallow look at these injunctions could give the false impression of their being contradictory to human dignity. It is to re-move this doubt that Almighty Allah has, in this verse, initially stated that He alone is the real Master of the entire universe. Then, He says that He alone is the Absolute Power. In between, comes the statement that it is not only that He punishes. He forgives as well, and that forgiveness and punishment depend on His Wisdom, for the way He is the Absolute Master and the Absolute Power, so is He Absolutely Wise too. There is no human power which can guage the extents of His mastery and domain so shall there be no human reason which can fully fathom the countless manifestations of His Wisdom - and that which it would pass on to human beings by virtue of pondering through principles is sufficient enough to put their hearts at peace.

What is Benign and at is Savage?

People in the West and those influenced by their education and culture commonly object that Islamic punishments are harsh. And as pointed out a little earlier, there are some heedless people who do not even hesitate to say that these punishments are savage and undignified.

Before we deal with this matter, it would be useful to keep what has been stated earlier in sight. We know that the Holy Qur'an has it-self determined and fixed the punishments for only four crimes which are called Hadd, in the terminology of the Islamic Shari’ ah. The punishment of robbery is the cutting of the right hand and the left foot; the punishment of theft is the cutting of the right hand from the wrist; the punishment of adultery is one hundred lashes in some situations, and stoning to death in some others; the punishment of making a false accusation of adultery is eighty lashes. The fifth Islamic Prescribed Punishment (Hadd) is that of drinking which is eighty lashes as fixed under the consensus of the Sahabah of the Holy Prophet ﷺ . With the sole exception of these five crimes, the punishment of all other crimes has been left to the discretion of the ruler of the time so that the relevant judge may award the kind and amount of punishment with due consideration of the crime, the criminal and the circumstances. This is a matter in which it is also possible that some particular system de-signed to delimit and apportion punishments is established in consultation with those fit to guide and advise, and Qadis or judges are bound with it. This is what happens these days when penal laws are generally enacted through legislative assemblies, and Qadis or judges award punishments within limits already identified. Although, in the five crimes the punishment …

Al-Maaida 5:40Listen in Qur'an →

Commentary: Maarif-ul-Quran by Mufti Muhammad Shafi. Qur'an text and translation via AlQuran Cloud.