Al-Anfal 8:73–75

Said in the second verse (73) وَالَّذِينَ كَفَرُ‌وا بَعْضُهُمْ أَوْلِيَاءُ بَعْضٍ (And those who disbelieve are friends to each other). The word: وَلِی (waliyy) used here, as stated earlier, carries a general sense included wherein is inheritance as well as the guardianship and patronage of affairs. Therefore, from this verse, we learn that disbelievers shall be considered inheritors to each other and the very law of the distribution of inheritance which is in force in their own religion shall be implemented as far as matters of their inheritance are concerned. In addition to that, the guardian وَلِی (waliyy) responsible for the upbringing of their orphaned children and for the marriage of their girls shall be from among them. In a nutshell, it means that, in family matters, the religious law of non-Muslims themselves shall stand duly protected in an Islamic state.

At the end of the verse, it was said إِلَّا تَفْعَلُوهُ تَكُن فِتْنَةٌ فِي الْأَرْ‌ضِ وَفَسَادٌ كَبِيرٌ‌ (And if you will not do so, there shall be disorder on the earth, and a great corruption - 73).

This sentence is connected with all those injunctions mentioned a little earlier, for instance, (1) the Muhajir and the Ansar should be friends to each other, which includes mutual help and support, as well as inheritance; (2) the Muhajir and non-Muhajir Muslims of that period of time should not consider themselves related to each other in terms of inheritance, but the doors of help and support should remain open subject to relevant conditions; (3) the disbelievers were caretakers (waliyy) of each other, therefore, Muslims should not interfere with their law of guardianship and inheritance in any way.

Thereafter the text says if things were not done according to these injunctions, there shall be disorder and corruption on the earth. Perhaps, this warning has been given in view of the importance of the injunctions described here for they were based on major principles of equity, justice and public peace. The related verses make it amply clear that the way mutual help, support and inheritance depend on lineal bond - in the same manner, religious bond has its own importance in this matter. In fact, religious bond has precedence over lineal bond. This is the reason why a Kafir (disbeliever) cannot inherit from a Muslim and a Muslim cannot inherit from a Kafir - even though, they be fathers or sons or brothers by lineage. Along with it, in order to block religious prejudice and pagan partisanship, instructions were given that, no doubt, the religious bond is so formidable, yet standing by the terms of a treaty comes first and is more preferable. Contravention of the terms of a treaty is not permissible under the heat of religious partisanship. Similarly, also given was the instruction that the disbelievers are responsible for each other as guardians and inheritors, therefore, no interference should be made in their personal law of guardianship and inheritance. On the surface, these look like a few subsidiary injunctions, but they are, in reality, comprehensive basic principles of equity and justice for all which guarantee world peace. This is the reason why, at this place, following the description of these injunctions, warning has been given in words which have not been generally used in the case of other injunctions: 'If you will not do so, there shall be disorder and corruption on the earth.' Also given within these words is a hint that these injunctions have an effectiveness of their own in checking disorder and corruption.

Mentioned in the third verse (74) are words of praise for the Sahabah who emigrated from Makkah and for the Ansar of Madinah who helped them, as well as the attestation to their being true Muslims and the promise of forgiveness and respectable provision made to them. When it was said: أُولَٰئِكَ هُمُ الْمُؤْمِنُونَ حَقًّا (those are the believers in truth), the hint given was in the direction that those who did not migrate were though Muslims, but their Islam was neither perfect, nor certain - because there existed the probability that they may really be hypocrites professing Islam only outwardly. After that, it was said: لَّهُم مَّغْفِرَ‌ةٌ (For them there is forgiveness) - as it has been explained in sound (Sahih) Ahadith: اَلاِسلَامُ یَھدِمُ مَا کَانَ قَبلَہ (Islam demolishes what was before it) and: والھِجرَۃُ تَھدِمُ مَا کَانَ قَبلَھَا (Hijrah razes what was before it). In short, this means that the act of becoming a Muslim goes on to demolish the entire edifice of past sins. Similarly, the making of Hijrah razes all past sins.

Described in the fourth verse (75) is the injunction concerning different categories of Muhajirin (مُھَاجِرین ، emigrants). It says: Though, some of them are the very first among Muhajirin - those who migrated earlier than the Peace Treaty of Hudaibiyah. Then, there is a second category of Muhajirin - those who migrated after the Peace Treaty of Hudaibiyah and, because of this, there will be difference in the ranks they are to have in the Hereafter, but regarding injunctions of this mortal world, they too shall be covered by the injunction governing the first category of Muhajirin in that they are inheritors to each other. Therefore, addressing the first among the Muhajirin, it was said: فَأُولَٰئِكَ مِنكُمْ (then, they are one of you - 75). It means that these Muhajirin of the second category are also a part of your group. Hence, under injunctions governing inheritance, they are governed by rules which apply to Muhajirin in general.

This is the very last verse of Surah Al-Anfal. Given at the end of it is a comprehensive regulation of the law of inheritance through which stood abrogated what was an interim injunction promulgated during the early period of Hijrah mentioned in the preceding verses about having the Muhajirin and Ansar become inheritors to each other through an arrangement of brotherhood between them. The words of the last verse which abrogated this temporary law of inheritance are: وَأُولُو الْأَرْ‌حَامِ بَعْضُهُمْ أَوْلَىٰ بِبَعْضٍ فِي كِتَابِ اللَّهِ (As for the womb-relatives, some of them are closer to some as in the Book of Allah -75). Let us study them in a greater detail.

In Arabic, the word: أُولُو (ulu) is used to carry the sense of being the possessor, owner, person or people of certain entitlement. In absence of an exact counterpart in English, it is usually translated as 'men of or 'people of ', as in: 'people of wisdom' for: اولو العقل (ulu ‘l-‘aql) and 'people of authority' for اولوالامر (ulu 'l-amr). Therefore, the word: اولوالارحام (ulu '1--arham) means the people of arham (wombs). Arham is the plural of rahim which is basically the name of the part of the body where the creative process of the human child takes place and since the bond of relationship is established via the association of rah’ m (رحم), therefore, اولوالارحام (ulu 'l-arham : translated literally as womb-relatives) is used in the sense of relatives.

The meaning of the verse is that, though a universal bond of brotherhood binds all Muslims to each other, because of which, if needed, helping and supporting each other becomes obligatory, and that they also inherit from each other. But, Muslims who are bound by mutual relationship have precedence over other Muslims. The phrase: فِی کِتَابِ اللہِ (fi Kitabillah: translated literally 'as in the Book of Allah - 75' ) at this place has been used in the sense of: فِی حُکمِ اللہِ (fi hukmi 'l-la.h) which means that Allah Ta` ala has made this law through His special command.

The rule of procedure given by this verse is that the distribution of inheritance should be on the criterion of relationship and the word: اولوالارحام (ulu 'l-arham) is applied to relatives in an absolute sense. Out of these, the shares of particular relatives have already been determined by the Holy Qur'an in Surah al-Nisa'. These are called Ashab al-Furud or Dhawi al-Furud in the terminology of the Law of Inheritance. Popularly referred to as "Qur'anic heirs," they mean those who are entitled to a statutory share in the inheritance of a deceased person. Any property which remains, after the determined shares have been given, should be distributed over other relatives as provided in this verse. Then, it is also evident that it is not possible for anyone to distribute any property over all relatives because some kind of a distant relationship definitely exists among human beings of the whole world - for all of them owe their fact of birth to but one father and mother, Sayyidna Adam and Sayyidah Hawwa (علیہا السلام) (Adam and Eve). Therefore, the only practical way of distributing inheritance over relatives can be that, by giving close relatives precedence over those distant, the benchmark of the near should be used to exclude the distant. A detailed description of this is present in the Ahadith of the Holy Prophet ﷺ which stipulate that, after having given the shares of Dhawi al-Furud (Qur'anic heirs), whatever remains should be given to the ‘Asbat (agnates or paternal relatives) of the deceased person, degree-wise, that is, by giving precedence to the near agnate (` asbah) over the distant one, the benchmark of the near should be used to exclude the distant.

And in case, there is no one alive from among the agnates ( ‘asbat), then, distribution has to be made over rest of the relatives.

In addition to ` asbat or agnates, there are a host of other relatives. It is for them that the word: ذَوِی الارحام Dhawi al-Arham has been particularized in the technical terminology of the science of inheritance and distribution. But, this terminology has found currency in a later period. In the Holy Qur'an, the word: اولوالارحام (ulu 'l-arham : womb-relatives), according to its lexical connotation, covers all relatives included wherein are Dhawi al-Furud ذَوِی فُرُوض (Qur'anic heirs), ` Asbat (agnates) and Dhawi al-Arham (womb-relatives) in a general sense.

Then, some details about the subject have been covered in Surah al-Nis-a' where Allah Ta` ala has Himself determined the shares of particular relatives and which are known as Dhawi al-Furud in the terminology of Inheritance. As for the rest, the Holy Prophet ﷺ has said:

الحقوا الفرایٔض باھلھا فما بقی فھولاولی رجل ذکر۔ (البخاری)

It means: After giving shares to those identified in the Qur'an, that which remains is to be given to males nearer to the deceased. (al-Bukhari)

They are known as Asbat (agnates) in the terminology of inheritance. If there be no one from among the ` asbat (agnates) of the deceased person, then, according to the saying of the Holy Prophet ﷺ ، other relatives get it. These relatives are technically known as Dhawi 'l-Arham (womb-relatives) such as, maternal uncle or maternal aunt and others.

The last sentence of this last verse of Surah Al-Anfal has abrogated the law of Islamic inheritance mentioned in verses earlier to this. According to that law, mutual inheritance used to be in force among the Muhajirin and Ansar, even though there be no lineal kinship between them. It was abrogated because it was an emergency-oriented injunction given during the initial period of Hijrah.

Surah Al-Anfal ends here. May Allah Ta` ala give us all the Taufiq (تَوفِیق)of understanding it and acting in accordance with it.

Praised is Allah with whose help “ Surah al-'Anfal” comes to its conclusion the night of Thursday, 22nd of Jumada II, Hijrah Year 1381. I seek from Allah Ta` ala His Taufiq and help in the Tafsir of Surah at-Taubah and for Allah is all praise from its beginning to its end --- Muhammad Shafi, may he be forgiven.

A review of it was completed on the day of Jumu'ah, 19th of Jumada I, Hijrah Year 1390 and praised be Allah for that.