Al-Isra 17:31–36

Commentary

Previous verses carried a series of instructions regarding human rights. The sixth injunction appearing here is to correct a cruel custom prevailing among the people of Arabs of Jahiliyyah. During that period of time, some people used to kill their children, particularly daughters, at birth in fear of having to face the expenses on their maintenance. In the verse cited above, Allah Ta` ala has admonished them for their ignorance in assuming the responsibility of providing sustenance - who are you to do that?' This is the exclusive domain of Allah Ta’ ala. He is the One who gives you your sustenance. Now, He who gives it to you shall be the One who would give it to them as well. Why then, do you have to take the onus of killing children on yourselves because of this concern? In fact, by making the children precede as recipients of sustenance at this place, Allah Ta` ala has subtly indicated that He shall give to the children first, then give it to the parents. It really means that Allah Ta’ ala, when He sees His servant supporting his family or helping others poor and weak, He gives him liberally in proportion to enable him to meet his needs as well as help others. In a Hadith, the Holy Prophet ﷺ has been reported to have said, اِنَّمَا تُنصِرُونَ وَ تُرزَقُونَ بضُعفَایٔکُم which means: 'It is because of the poor and weak among you that you are provided by Allah with your sustenance.' This tells us that parents who support their family get, whatever they do, for the sake of weak women and children alone.

Ruling

This statement of the Qur'an also sheds light on an issue which holds the modern world in its grip. Its movers and shakers are so scared of what they call 'population explosion' that they are frantically promoting birth control and planned parent-hood. This is also based on the same false assumption that they are the ones responsible for sustenance. May be, this approach is not a sin equal in gravity to that of the killing of children, but there is no doubt about its being blameworthy.

Commentary

The seventh injunction given here relates to the forbiddance of zina (fornication, adultery). Given here are two reasons as to why it has been forbidden: (1) This is a shame, gross and immodest. Whoever is denuded of modesty is denuded of human nobility itself and is rendered incapable of distinguishing the good from the bad. This is more succinctly said in a Hadith:

اِذَا فَاتَک الحیاء فافعل ماشٔت

When goes your sense of shame (that could become a barrier against evil), so then, you will do what you will.

Therefore, the Holy Prophet ﷺ has declared sense of shame (haya' ) as a division of faith ('Iman): وَالحیاء شعبۃ من الایمان (al-Bukhari) (2) It generates limitless social disorder the consequences of which sometimes destroy whole groups of people. In our day all sorts of crimes have in-creased. If investigated, the reason behind a lot of them would turn out to be some man or woman who did it. Though, this crime is not directly related to the rights of the servants of Allah but it may have been mentioned here as part of other rights taken up at this place for the reason that this crime is contagious. It brings other crimes along which disturb the rights of the servants of Allah through loss of lives and properties. Therefore, Islam has declared this crime to be more serious than any other crime. Then, it has also fixed its punishment as the harshest of all crimes because this one is a carrier of hundreds of these.

It appears in Hadith that the Holy Prophet ﷺ said, "The heavens and the earth, the seven of them each, curse the married person who commits adultery. And the strong stench which spreads out from the private parts of such people will embarrass even the people condemned to Hell and thus there in Hell they will be suffering from the punishment of fire and disgrace both." (Reported by al-Bazzar on the authority of Sayyidna Buraidah - Mazhari) In another Hadith from Sayyidna Abu Hurairah ؓ it has been reported that the Holy Prophet ﷺ said, "A fornicator when fornicating is not a believer. A thief when stealing is not a believer. And a drunkard while drinking is not a believer." This Hadith is there in al-Bukhari and Muslim. Its explanation, as it appears in the report of Abu Dawud, says: At the time those committing such crimes are practically involved in it, 'Iman (faith) leaves their heart and comes out, and when they turn away from it, 'Iman returns back in. (Mazhari)

Commentary

This eighth injunction is about the prohibition of killing unjustly. Virtually all groups, religions and sects of the world take it to be a grave crime. In Hadith, the Holy Prophet ﷺ said, "The destruction of the en-tire world is lighter in the sight of Allah than the unjust killing of a believer." In addition to this, some reports also carry the words: "Even if the inhabitants of Allah's seven heavens and seven earths were to join in the killing of a believer unjustly, He will put all of them into the Hell." (Ibn Majah with a chain classified as Hasan and al-Baihaqi - from Mazhari)

And in another Hadith, the Holy Prophet ﷺ has been reported to have said, "Whoever abets in the killing of a believer by assisting the killer even with one word will be brought before Allah Ta’ ala on the day of Resurrection. And written on his forehead shall be: آیس من رحمۃ اللہ (Deprived of the mercy of Allah). (Mazhari from Ibn Majah and Isbahani)

And al-Baihaqi reports on the authority of Sayyidna ` Abdullah ibn ` Abbas and Sayyidna Mu'wiyah ؓ that the Holy Prophet ﷺ said, "Hopefully, Allah Ta` ala may forgive every sin except that of the person who died in the state of disbelief (kufr) or who killed a believer intentionally and unjustly."

The meaning of Unjust Killing

Imam al-Bukhari and Muslim have reported on the authority of Sayyidna ` Abdullah ibn Masud رضی اللہ تعالیٰ عنہما that the Holy Prophet ﷺ said, "The blood of any Muslim who bears testimony that Allah is one and I am His Messenger is not halal (lawful) except under three situations. (1) He has, despite being married, committed adultery (for his legal punishment is that he should be stoned to death). (2) He who has killed a person unjustly [ for his punishment is that the waliyy (legal heir) of the person killed can get him killed under the law of qisas (even retaliation)]. (3) A person who has reneged [ as an apostate: murtadd ] from the religion of Islam (for he too is killed in punishment).

Who has the right to take Qisas?

It has been said in this verse that this is the right of the waliyy (legal heir) of the person killed. In the absence of a lineal waliyy, the head of the Islamic government will have this right - for, he too, in a way, is the waliyy of all Muslims. Therefore, in Islamic juristic terminology, the former is called real and the later, legal.

Injustice is not answered by injustice, but by justice: So, be just even when punishing criminals

The statement: فَلَا يُسْرِ‌ف فِّي الْقَتْلِ ('fala yusriffi al-qatl': but he shall not cross the limit in the matter of taking life) is a special provision of Islamic law the outcome of which is that it is not permissible to avenge injustice by counter injustice. Even when retaliating, it is necessary to uphold the demand of justice. Until such time that the legal heir (waliyy) of the person killed upholds justice and seeks an even retaliation in favor of the person killed represented by him, through the legal provisions of Qisas, then, the law of the Shari` ah stands in his favor. The reason is that he is surely supported, and Allah Ta` a1 is the supporter. And in case, he is all blinded by the desire of revenge and exceeds the limits of Islamic legal retaliation, then he, instead of being the one oppressed (mazlum), became the oppressor (Zalim) while the oppressor (zalim) be-came the one oppressed by him (mazlum). Now things will stand reversed. Allah Ta` ala and His Law will not support him. Instead, it will support the other party and shield him from injustice.

During the days of the Jahiliyyah, it was common practice of the Arabs that, in retaliation of a person killed, they would avenge him by killing anyone they could lay their hands on from among the family or friends of the killer. There were occasions when it would turn out that the person killed was someone notable among them. In that case, they would not take it as sufficient to kill only the killer in even retaliation for their man. In fact, to avenge one life, they would take the lives of two, three or many more men. Some of them would become so crazy in the heat of their passion for revenge that they would not be simply satisfied after having killed the killer. They went on to commit the horror of cutting off body parts such as the nose, ears etc. to serve as deterrents. All such actions are extra to the limits set by the Islamic Law of Even Retaliation (al-qisas), and are patently haram (unlawful). Therefore, such activities have been stopped by the proviso: I ) (but he shall not cross the limit in the matter of taking life).

An anecdote worth remembering

Someone accused Hajjaj ibn Yusuf before certain Mujtahid Imams. Hajjaj ibn Yusuf is the most notorious tyrant of Islamic history. Since, he has killed thousands of Sahabah and Tabi` in unjustly, therefore, it generally happens that people tend to overlook the evil lurking behind calling him evil. The pious elder before whom this accusation was leveled against Hajjaj ibn Yusuf asked the accusers, "Do you have any authority or evidence to support your accusation?" They said, "No." Then he said, "If Allah Ta’ ala will avenge the unjust killing of thousands of in-nocent people by Hajjaj ibn Yusuf, remember that anyone who is unjust to Hajjaj will also not be allowed to escape from that revenge. Allah Ta` la will wreak vengeance of Hajjaj from him too. There is no partisanship in the justice of Allah Ta` ala, therefore, it is not possible that He would release others to go about maligning His sinning servants by giving them a free hand to accuse and blame them at will.

Commentary

Mentioned in the two verses cited above, there are three injunctions: the ninth, the tenth and the eleventh. They relate to financial rights. It will be recalled that previous verses dealt with physical rights while the financial ones appear here.

Caution in handling the property of orphans

The ninth injunction given in the first verse (34) concerns the protection of properties owned by orphans and the observation of caution in their handling. Laying emphasis on it, it was said: 'And do not go (even) near the property of orphans.' It means that there should be no free use of their property counter to the provisions of the Shari` ah or the interest and advantage of the children. Those who are charged with the protection and management of the properties of orphans are duty-bound to observe utmost caution therein. When spending, they must spend only in the interest and to the advantage of orphans - and definitely not as based on their whim or lack of concern. And this pattern of management is to continue until such time when the orphaned children grow up and become capable of protecting their property themselves - the lower limit is when they attain to the age of fifteen years while the higher is eighteen years.

The fact is that it is just not permissible to spend from anyone's property through false means. But, it has been mentioned here in the case of orphans particularly because they themselves are incapable of keeping or taking account and no one is expected to know about it. So, a place where no one is present to demand one's right is exactly the place where the demand of Allah Ta’ ala becomes stronger and harder. Any shortfall in disbursing such rights becomes more sinful as compared to the rights of common people.

Fulfillment of Covenants and Implementation of Contracts

The tenth injunction enjoins the fulfillment of the covenant. There are two forms of the covenant. The first form has two aspects to it: (1) Between Allah and His servant, like the covenant of the servant in eternity that Allah is their Lord. This covenant necessarily results in obedience to His injunctions and the seeking of His pleasure. This is a covenant every human being has made in eternity irrespective of whether he or she is a believer or a disbeliever. (2) The second covenant is the covenant of a believer made through shahadah or professing of the kalimah: لا إله إلا اللہ (la ilaha illallah: there is no god but Allah) the outcome of which is a perfect following of Divine injunctions and the seeking of His pleasure.

The second form of the covenant takes effect between human beings themselves. This includes all treaties, pacts, agreements, pledges and contracts - political, commercial, or transactional - that are made between individuals or groups or institutions all over the world.

The fulfillment of all covenants identified in the first form is obligatory on human beings. As for the other kind of covenants or contracts, it is also obligatory to fulfill them subject to the condition that they should not be against the Islamic Law. As for those that are against the Islamic Law, it is obligatory to terminate them - after having first served a notice on the other party. If one of the parties does not fulfill, the other party has the right to go to the court and make them fulfill it. Essentially, a contract is an agreement between two parties that they would do or not do something. And in case, someone unilaterally promises to some-one else that he would give him a certain thing or meet him at a certain time or take care of a certain task for him, then, it is also obligatory to fulfill this promise. There are commentators who include this too under the sense of covenant, but they do so with a slight difference. We know when two parties are bound by a contract, any contravention by one of them can be challenged in the court and the other party can force its completion. But, the fulfillment of a unilateral promise cannot be enforced through the court. Of course, if someone were to go back on the promise made to someone else - without any valid legal excuse permitted by the Shari` ah - he will be committing a sin. In Hadith, this has been called hypocrisy in acts.

At the end of this verse, it was said: إِنَّ الْعَهْدَ كَانَ مَسْئُولًا (Surely, the covenant shall be asked about). It means: 'On the day of Qiyamah, the way questions shall be asked about the fulfillment or non-fulfillment of obligatory divine injunctions, so it will be with mutual contracts - these too will be asked about.' Here, it has been left at that only: 'it will be asked about.' at is going to happen next after the questioning? This has been left untold. Perhaps, intended as such, it may be signaling towards the danger being great!

The eleventh injunction enjoins fulfillment of weights and measures in transactions of buying and selling and forbids any short measuring. Full details appear in Surah al-Mutaffifin (83).

Ruling

Respected jurists of Islam say that the outcome of the injunction against shortening weights and measures is that it is Haram (unlawful) to give less than whatever is the due of whoever it may be. Therefore, it is also included therein that an employee curtails the assigned duty entrusted with him or gives a time that is less than what should actually be given to it, or that a worker shirks work and fails to deliver what is due out of it.

The prohibition of giving weights and measures short: Ruling

Regarding the verse: أَوْفُوا الْكَيْلَ إِذَا كِلْتُمْ (And give full measure when you measure - 35), Abu Hayyan says in Tafsir al-Bahr al-Muhit that the responsibility of giving full weight and measure in this verse has been placed on the seller (بَأِع : ba'i`) which tells us that it is the seller who is responsible for weighing, measuring and seeing that it is full as due.

At the end of verse 35, it was said about the fulfillment of weight and measure: ذَٰلِكَ خَيْرٌ‌ وَأَحْسَنُ تَأْوِيلًا (That is good, and better in the end). As for making the weight and measure correct and even, two things have been said here: (1) Firstly, the rule is good. It means that it is intrinsically good. No normal and decent person is going to take weighing less and measuring short as something nice, neither religiously, nor rationally, nor naturally. (2) Secondly, it is better in the end. The end includes the consequent success of the Hereafter, reward of deeds and the blessing of Paradise as well as the happy outcome of the very life in this world. This is suggestive of the fact that no business can prosper until its goodwill stands recognized in the market - and that cannot happen without this commercial honesty.

Commentary

Two injunctions in these verses, the twelfth and the thirteenth, relate to mores of common social living. The twelfth injunction forbids doing something without having become certain about it.

At this stage, we should not lose sight of the fact that certainty has different degrees. There is a degree of certainty that reaches the level of perfect certitude, a state that leaves no room of even the slightest doubt contrary to it. Then, it could descend to the degree of strong likelihood - even though, there does exist the probability of a contrary aspect. Simi-larly, divine injunctions are also of two kinds: (1) Absolutes and Certain-ties, such as, Articles and Principles of Religion. These require certainty of the first degree. Acting without it is not permissible. (2) Strong Likelihood or Overwhelming Probability, the example of which are injunctions relating to subsidiary deeds. After having given these details, we can state the objective of the cited verse by saying that the element of certainty in injunctions that are Certain and Absolute should also be of the first degree. In other words, it should have attained the degree of perfect certitude and absolute category. And until this happens, this pseudo certainty is not trustworthy in the matter of the basic Articles and Principles of Islam. Acting on its dictates is not permissible. As for the subsidiary injunctions, a certainty of the second degree, that is, of Overwhelming Probability is sufficient. (Bayan al-Qur'an)

Questions will be asked on the day of Qiyamah about the ear, the eye and the heart

This is what we have been told in verse 36: إِنَّ السَّمْعَ وَالْبَصَرَ‌ وَالْفُؤَادَ كُلُّ أُولَٰئِكَ كَانَ عَنْهُ مَسْئُولًا It means that the ear will be asked as to what did it keep hearing throughout its life. The eye will be asked as to what did it keep seeing throughout its life. The heart will be asked as to what did it keep cooking in its chambers and what was it that it believed in throughout its life. If things were heard through the ears, the hearing of which was not permissible in Shari` ah, such as hearing ill of someone behind his back (ghibah) or hearing unlawful vocal and instrumental music etc., then, punishment will follow the question. If things were seen through the eyes, the seeing of which was not permissible, such as casting an evil eye on a non-Mahram woman or a beardless, handsome youth etc. then, punishment will follow the question. Or, planted a belief in the heart contrary to the Qur'an, and Sunnah, or nursed a baseless blame in the heart regarding someone, then, punishment will follow the question. The fact is that, on that fateful day of Qiyamah, questions will be asked about virtually all blessings given by Allah Ta’ ala. It was said in Surah at-Takathur: لَتُسْأَلُنَّ يَوْمَئِذٍ عَنِ النَّعِيمِ : "And you shall certainly be asked on that day [ of Qiyamah ] about all blessings [ of Allah Ta’ ala ] - 102:8." Since, the ear, the eye and the heart are more important and significant out of these blessings, these were mentioned here particularly.

Tafsir al-Qurtubi and Mazhari give yet another sense of the verse in terms of the close proximity of the statement in the first sentence and the next. In the first sentence, it was said: وَلَا تَقْفُ مَا لَيْسَ لَكَ بِهِ عِلْمٌ (And do not pursue that which you have no knowledge of - 36). Adjacent to it follows the statement that the ear, the eye and the heart - each one of them shall be interrogated about. The sense that emerges from this proximity is that a person who blamed someone without first ascertaining and becoming certain about it, or did something impulsively without doing that first, then, should this thing be related to what is heard through ears, the ears shall be questioned. And if this is 'seen', the eyes shall be questioned. And if comprehended through the heart, the heart shall be questioned to determine whether this person is true or false in his blame or in the belief he has allowed to become rooted in his heart. Thereupon, these very body parts shall speak up as witnesses on the day of Resurrection. It will be a cause of disgrace for those who accuse others without being certain and those who do things the truth of which has not been ascertained first. This is as it appears in Surah Sin: الْيَوْمَ نَخْتِمُ عَلَىٰ أَفْوَاهِهِمْ وَتُكَلِّمُنَا أَيْدِيهِمْ وَتَشْهَدُ أَرْ‌جُلُهُم بِمَا كَانُوا يَكْسِبُونَ ﴿65﴾:"Today [ on the day of Qiyamah ] We shall set a seal on their mouths and their hands shall speak and their feet shall bear witness as to what they have been earning [ by making these limbs of their body do whatever of good or bad they chose ] - 36:65".

Perhaps, the ears, the eyes and the heart have been particularized here on the basis that Allah Ta’ ala has blessed man with sense and consciousness through them. The purpose is to let him first ascertain, examine, and test a thought or belief that crosses his heart. If he finds it true, and sound, let him, then, put it in practice. And should it turn out to be false, let him, then, stay away from it. Anyone who does not use these faculties and goes about following things he has no knowledge of, things the truth of which he has not ascertained first, then, this person is guilty of being ungrateful to these blessings of Allah Ta` ala.

Now, the senses through which man becomes aware of different things are five: the ears, the eyes, the nose, the faculty of speech and the sensation in the whole body that tells one about something being hot or cold. But, habitually man finds out more through the ears and eyes. Awareness about things acquired through the senses of smell, taste and touch is fairly lower in frequency as compared to things heard or seen. That it has been considered sufficient to mention only two of the five senses at this place may, perhaps, be because of this very reason. Then, even from among these two, it is the ear that has been made to precede the eye - and on other occasions of the Holy Qur'an as well, wherever these two has been mentioned, it is the ear that has been mentioned first. In all likelihood, the reason for it is that the major part of man's in-formation is comprised of things heard through the ears. Things seen through the eyes happen to be comparatively much less.