[1]. The word ‘Qisas’ is from ‘Qasas’ which means to follow someone along his footsteps. From this meaning, it was used for the punishment in which the criminal is treated in the same way as he himself had treated the other person while committing the crime.

[2]. Since this directive is related to the whole society, the addressee of the expression ‘كُتِبَ عَلَيْكُم’ (decreed for you) is the society. Consequently, it is incumbent on the state to find out the murderers of a person murdered under its jurisdiction, arrest them and as per the Islamic law implement the will of the heirs of the murdered person on the murderers.

[3]. This is a statement of impartial justice and total equality that should be observed in taking Qisas. This directive of the Qur’an has virtually put an end to the injustice and oppression suffered by the family of the slain person whether of the modern age of ignorance or that of the olden times. The rich and the poor, the person of high rank and that of low rank, the master and his servant – all are put on the same pedestal since they are the progeny of the same man and woman: Adam and Eve. A person’s social status should never create an exception to this rule of equality nor should it be given any emphasis in this regard.

[4]. The Qur’anic words used are: ‘فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ’. The word ‘عُفِيَ’ means ‘to pardon’ and the correct grammatical construction in my opinion is ‘فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ مِنَ العَفُوِّ’. The implication is that if some lenience is showed by the heirs of the murdered person. By this lenience is meant that the heirs instead of demanding the life of the murderer settle for accepting Diyat from him. The subsequent words ‘أَدَاء إِلَيْهِ بِإِحْسَانٍ’ (pay it to him with kindness) make this very evident. It is clear from this that according to the Shari‘ah, Qisas can be pardoned by the heirs of the murdered person. No doubt as far as exacting Qisas is concerned it is an obligation of the state; however, besides this it is bound by law to implement the will of the heirs of the slain person: they can either demand the life of the murderer or accept Diyat. Once, either of these two options is chosen by the heirs, the responsibility of the state to exact Qisas as per the words ‘كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى’ stands fulfilled. A little deliberation shows that it is this very principle which distinguishes the Islamic Law in this regard from other systems of law. It not only leaves the criminal’s fate to the people against whom the crime has been perpetrated in order to appease their spirit of revenge, but also goes a long way in ridding the society of such crimes. Writes thus Imam Amin Ahsan Islahi:

 

In matters of Qisas, the importance which Islam has given to the will and intention of the heirs of the slain has many aspects of wisdom in it. Leaving the life of the killer directly at the mercy of the heirs of the murdered person compensates to some extent the tremendous loss caused. Furthermore, if the heirs of the slain person adopt a soft attitude at that moment, they do a big favour to the murderer and his family, which produces many useful results. (Amin Ahsan Islahi, Tadabbur-i-Qur’an, 4th ed., vol. 1, (Lahore: Faran Foundation, 1991), p. 433)

 

It is however apparent that in case the slain person has no heirs or if his heirs owing to some reason they have no interest in his affairs or if their interest resides with the slayer and his accomplices, the claimant shall, no doubt, be the government and shall have all the authority which the heirs of the slain person have.

[5]. The Qur’anic words used are: ‘فَاتِّبَاعٌ بِالْمَعْرُوفِ’. The word ‘مَعْرُوف’ occurs in the Qur’an to connote ‘virtue’ and ‘good’ as well as to connote ‘customs’ and ‘conventions’.  Here  the  subsequent  words ‘أَدَاء إِلَيْهِ بِإِحْسَانٍ’ (pay it to him with kindness) clearly show that it is used in the latter connotation. It is thus evident from this usage that the Qur’an instead of fixing the amount of Diyat has directed the society to follow the custom in this regard. According to this directive of the Qur’an, every society is bound to follow its custom. In a society where no law about Diyat exists previously, those at the helm of state can either continue with the Arab custom according to which the Prophet (sws) settled cases of Qisas or re-legislate in this regard; whatever they do, if the society accepts the legislation, it will assume the status of Ma‘ruf for that society and the directive of the Qur’an to pay Diyat shall stand fulfilled.

[6]. While elaborating on the reason that Diyat should be given with grace and kindness, Imam Amin Ahsan Islahi writes:

 

The directive of paying Diyat with kindness has been given because in that period in Arabia Diyat was generally not given in the form of cash; it was paid in kind or in the form of animals. Therefore, if the payers of Diyat had any ill-intention in their hearts, they could defraud the receiving party. It is easily possible in case of camels and goats or dates and other grains to pay Diyat as far as the agreed quantity and weight is concerned, disregarding their quality and nature. This would amount to ignoring the favour done by the aggrieved party by forgiving the murderer. Someone whose life had been left at the mercy of a person by the Shari‘ah had been forgiven by him and he had agreed to accept some wealth instead. This favour should be answered by a favour only, ie, the payment of Diyat should be done with such magnanimity and munificence that the heirs of the slain person should not feel that by accepting camels and goats in place of the life of a beloved they had committed a mistake or done something dishonourable. (Amin Ahsan Islahi, Tadabbur-i-Qur’an, 4th ed., vol. 1, (Lahore: Faran Foundation, 1991), p. 434)

 

[7]. The implication is that the sanctity a life possesses required that life be taken in place of life; however, the Almighty has mercifully shown clemency. So no one should try to misuse this rebate.

[8]. While explaining this Imam Amin Ahsan Islahi writes:

 

Implied in it is a warning for the murderer and his family that it would be great disregard to the favour of the Almighty if a person after benefiting from this lenience plans to inflict some new oppression on the family of the murdered person. One of these plans could be that the murderer and his relatives scheme that for the moment they should save their lives by convincing the family of the murdered to forgive them and later they would inflict some loss on them. Likewise, there also exists in these words a warning for the heirs of the murdered person that they should not accept Diyat with the plan that this acceptance is for the moment and that later they would kill the murderer whenever they get the opportunity. Both parties should sincerely accept the agreement contracted on the basis of a concession given to them by the Almighty. He who commits a wrong after accepting this agreement will become worthy of the wrath of God. (Amin Ahsan Islahi, Tadabbur-i-Qur’an, 4th ed., vol. 1, (Lahore: Faran Foundation, 1991), p. 434)

 

[9]. Here the Qur’an while specifically addressing people of intellect has stated the wisdom behind this law so that indifference, partiality, apathy and over-sympathy do not come in the way of implementing this law. Also, so that people being over-awed with emotions don’t become audacious enough to start philosophising and defending the criminal – what some people of current times have done. Imam Amin Ahsan Islahi explains this in the following way:

 

If a murderer is executed because of his crime, it apparently seems as if a second life has been taken, but a little deliberation shows that this punishment actually guarantees the life of the whole society. If this punishment is not carried out, the mental disorder in which a person commits this crime is actually transmitted to the society. The extent of various diseases differ: diseases which result in such heinous crimes as murder, robbery, theft or fornication are like those diseases in which it is necessary to amputate some limb of the body to save the whole body. Amputating a limb may seem a callous act, yet a doctor has to be callous. If by showing sympathy to this limb he does not force himself to this cruelty, he may have to bear with the patient’s death.

 

A society in its collective capacity is like a body. At times, its limbs get infected to the extent that the only option is to cut them off from the body through an operation. If sympathy is shown by considering it to be the limb of a patient, there is all the chance that this would fatally affect the whole body. (Amin Ahsan Islahi, Tadabbur-i-Qur’an, 4th ed., vol. 1, (Lahore: Faran Foundation, 1991), p. 436)

 

[10]. These two conditions on making a will have been imposed because people who normally make a will when they are hail and hearty sometimes face what they could not have anticipated and those who do not make a will in spite of possessing wealth many a time leave behind them great disputes. The first of these conditions begins with ‘إِذَا’ because everyone will one day face death and the second condition begins with ‘إِن’ because not everyone has wealth. Students of the Arabic language need to appreciate this subtle difference between the usage of these two particles. What further should be appreciated is the fact that for wealth the word ‘خَيْر’ is used in the verse which primarily implies something which is good and cherished. In this way, the Qur’an has indirectly referred to the fact that wealth in itself is not something condemnable. It is something good like knowledge and intellect and if an urge arises in a person to acquire it then this cannot be objected to.

[11]. This directive of making a will does not relate to heirs which have been specified by the Almighty in the fourth verse of Surah Nisa. Firstly, because this verse states that the Almighty has Himself ascertained these shares because people themselves cannot decide who among their heirs is near to them in terms of benefit. Consequently, a person who makes a will in favour of these heirs claims that he is capable of not only making this decision but also making it better than the Almighty Himself. Secondly, because in the referred verses this will has been called the ‘will made by God’ after which if a person makes a will, then he does so by being bold enough to come parallel to the Almighty. Thirdly, because in the seventh verse of Surah Nisa these shares fixed by the Almighty are called ‘نَصِيْباً مَفْرُوْضاً’, which means that no will can abrogate them in any way. Consequently, this is absolutely certain that this directive has been abrogated by the verses of Surah Nisa as far as the shares of the heirs fixed by the Almighty are concerned. However, the purpose of this abrogated directive in the words of Imam Amin Ahsan Islahi was:

 

The directive of making a will in favour of one’s parents and relatives mentioned in this verse was contingent upon the conventions of the society, and was given in the interim period when the Islamic society had not become stable enough to be given the directives which were later revealed in Surah Nisa. It was revealed as a temporary directive before circumstances became conducive for detailed directives in this regard. It had two basic objectives: first, to immediately safeguard the rights of those relatives which were being usurped by influential relatives and second to revive once again the conventions of the society in this regard which had existed in the nobility of Arabia but were engulfed in the dust of the age of ignorance (Jahiliyyah); this revival would pave the way for the detailed law that was to be revealed later. (Amin Ahsan Islahi, Tadabbur-i-Qur’an, 4th ed., vol. 1, (Lahore: Faran Foundation, 1991), p. 439)

 

[12]. Parents and relatives are mentioned here because people generally considered only their children as the rightful heirs to their legacy and would not give parents and relatives any share from it.

[13]. The Qur’anic words used are: ‘حَقًّا عَلَى الْمُتَّقِينَ’. Here ‘حَقًّا’ is a emphatic verbal noun (مصدر مؤكد) and the implied construction is:  ‘حُقَّ ذَالِكَ حَقّاً’

[14]. The Qur’anic word used is: ‘خَوْف’. In this verse, it means ‘to be apprehensive’. In the Arabic language, it primarily means ‘to expect’, ‘to think’ and ‘to be apprehensive’. Imam Amin Ahsan Islahi has presented an example of this usage in his commentary on the Qur’an.

[15]. The Qur’anic words used are: ‘جَنَفًا أَوْ إِثْمًا’. The word ‘جَنَف’ means ‘to tilt to’; however it is mostly used to mean ‘to deviate from the truth and tilt towards evil and oppression’. Here, in the verse, it is used to mean ‘partiality’. In contrast with this word, the word used is ‘إِثْم’ which means to lag behind in fulfilling rights. Here, it would obviously mean usurpation of rights.

[16]. The Qur’anic words used are: ‘فَأَصْلَحَ بَيْنَهُمْ’. Their obvious meaning is ‘make peace between someone’ and not ‘to reform of one’s own accord’. Consequently, the objective of this guidance is if some partiality or usurpation of rights has taken place, then a reconciliation should be made between the parties to change the will.

[17]. The Qur’anic word used is: ‘الصِّيَام’. As a term of the Islamic Shari‘ah, it refers to the state of a person in which he is required to abstain from eating and drinking and from marital relations with certain limits and conditions and has always been used in the Arabic language in this meaning the way the word ‘fast’ has been used in the English Language in this meaning.

[18]. Our relationship with the Almighty generally manifests in the form of the following three: worship, obedience and support. Fasts are a symbolic expression of obedience. It is evident from this verse that in divine Shari‘ahs, the fast has remained a special ritual to discipline the desires of the soul.

[19]. In order to remain within the limits and bounds set by the Almighty, it is essential that a person develop in him the ability to control his desires and emotions and a little deliberation shows that this ability only develops if a person is really fearful of the Almighty.

[20]. These words are meant for assurance and consolation. The implication is that in order to train and discipline the soul thirty days in reality are very few in number and a person should not feel discomfort on this.

[21]. The Qur’anic words used are: ‘وَعَلَى الَّذِينَ يُطِيقُونَهُ’. Although the antecedent of the accusative pronoun ‘هُ’ in ‘يُطِيقُونَه’ comes later, it is in fact found in earlier in one’s intention just as we say: ‘If you have the strength for this then you should embark on the journey’.

[22]. The permission to feed the needy in place of missed fasts was later revoked as is evident from the subsequent verse. Making up missed fasts by fasting was regarded essential.

[23]. The implication is that this is the minimum atonement of not fasting which people who have the capacity should offer. However, if a person feeds more than one needy person or does some other virtuous deed, then this is better for him.

[24]. The implication is that this atonement is a lenience from the Almighty. It is better in the sight of God that a person should make up for the missed fasts by fasting in other days.

[25]. It is evident from the succeeding verse in which the permission of feeding the needy for missed fasts has been revoked that it was revealed sometime after the first one.

[26]. The Qur’anic word used is: ‘بَيِّنَات’. It refers to clear signs and arguments that remove all doubts and convince people. Undoubtedly, the Qur’an is a treasure of such signs and arguments which are enough to guide humankind forever.

[27]. The Qur’anic words used are: ‘فَمَن شَهِدَ مِنكُمُ الشَّهْرَ فَلْيَصُمْهُ’. As per the sentence construction, these words constitute the inchoative (khabr) of the above mentioned enunciative (mubtada) and the word ‘فَلْيَصُمْه’ means that fasts of the whole month should be kept and none should be missed.

[28]. The implication is that one is in such a state that fasting becomes very strenuous. Consequently, the same directive shall apply to pregnant women or those who are suckling their offspring as well as to old people who are nearing death.

[29]. Here the Almighty has suppressed the words of the previous verse beginning with ‘وَعَلَى الَّذِينَ يُطِيقُونَهُ’ and ending with ‘إِن كُنتُمْ تَعْلَمُونَ’. It is obvious from this that the permission of feeding the needy for missed fasts has been revoked. The Almighty in the succeeding verses has referred to the reason for revoking this permission. However, the question arises: ‘Why was this permission given in the first place?’ In my opinion, the reason for this was that since it is difficult to fast in days other than Ramadan, the Almighty did not make it incumbent until people got used to it.

[30]. A little deliberation shows that three things have been mentioned previously: firstly, the month of Ramadan has been reserved for fasting; secondly, the permission of feeding the needy for missed fasts has been revoked and thirdly, in case of travel and ill-health a person can defer his fasts to other months. Here the Almighty has referred to the wisdom behind each of these three things in ascending order.

[31]. The implication is that it was worthy for the month in which the Qur’an was revealed that it be reserved for expressing gratitude to the Almighty and glorifying Him. The fast is nothing but this expression of gratitude and glorification. When a person, at the behest of His Lord, gives up things which are originally allowed to him in order to win the pleasure of his Lord, he shows through his intentions, deeds and practice and routine of life that there is nothing greater than the command of God. A little deliberation reveals that this state of a person in which he experiences and acknowledges the power, magnificence and exaltedness of the Almighty is a true expression of gratitude from him.

[32]. The implication is that now when the Qur’an is being revealed and the Prophet (sws) is amongst his people, they can obtain guidance from the Almighty through him whenever they can. This is an encouragement for people to ask questions which are necessary for the explanation of the Shari‘ah. It does not imply unnecessary questions which the Qur’an at another place has stopped people from asking

[33]. Although in general circumstances too, the Almighty answers the calls of the suppliant, however here it refers to the answers which people would immediately get from the Prophet (sws) during the time of revelation of the Qur’an. A number of similar questions have been mentioned further down in this surah.

[34]. The implication is that when the Almighty is near them and is also answering their questions to appease their confusions, no one should adopt a hypocritical attitude with Him and neither should people object to and raise doubts against any of His directives; in fact, with faith they should fully obey them.

[35]. This is the Tabyin verse (verses which explain a previously revealed directive). This verse is actually the fulfilment of the promise mentioned in the Qur’an thus: ‘ثُمَّ إِنَّ عَلَيْنَا بَيَانَهُ’ (Then upon Us is its explanation (75:19)). It is evident from this verse that the previous discussion was raised so that the confusion which arose in the minds of the people could be cleared. It will be evident from the succeeding verses that gaining confidence from this response of the Almighty, people started to ask more questions one after the other which the Qur’an answered at various places by pausing in its own discourse.

[36]. The implication is that although this was always allowed but since people were hesitant about it, the Almighty in clear terms has stated that sexual relations can be established with the wives in the nights of Ramadan.

[37]. The Qur’anic word used is ‘الرَّفَث’. It means ‘lewd talk’; however, the preposition ‘إِلَى’ after it incorporates in it the meaning of sexual intimacy with the wives.

[38]. The implication is that a husband and wife are so close and so inseparable as per the nature on which the Almighty has created them that except in compelling circumstances they should not be kept separate from one another. A little deliberation would show that the metaphor of a husband and wife being each other’s garment is very subtle. A garment has three aspects: covering the body, protecting it and embellishing it. A husband and wife are one another’s garment in all these three aspects. They are a cover to one another’s sexual desires and instincts, are means of protection for one another from the onslaughts of Satan and with their mutual interaction give all the colour and exuberance to life which becomes evident in the elegance and grace of human culture and civilization.

[39]. The implication is that in spite of being of the view that it was not permissible for them to go near their wives in the nights of Ramadan, they were defying their own view. One reason for this view could have been that among the Jews, the next fast would start right after one had broken his fast and they would consider eating and drinking and having sexual intercourse with the wife as prohibited. Muslims thought that they too would have to follow the Jews in this matter. However, some of the Muslims in spite of thinking so deviated from the view they held. This is something which the Qur’an called deceiving one’s conscience, which is a self evident reality. If a person considers something to be a requisite of religion and still does not act according to it regardless of the fact that it is actually a requisite or not, then this is not permissible to him and would be called deceiving one’s conscience.

[40]. This deception could have earned them the wrath of God but the Almighty mercifully pardoned them.

[41]. Since in such matters people want to be absolutely sure, they are instructed that they can also plan a child on such occasions. They should in no way be hesitant in this manner both as regards planning for a child in this period and what will be born to them ultimately as a result.

[42]. It is evident from this that the permission to eat and to go near the wives is till Fajr; so because of a little delay or being before time one should not cast doubt on one’s own fasts or those of the others.

[43]. Since the basic objective of this worship ritual is to devote one’s self to the Almighty by leaving aside the world, hence a person should be fully attentive to its requirements. It is also essential that a person should not leave the mosque except because of some compelling human need. For this very reason, he is also not allowed to go near his wife during it.

[44]. This is a religious term which means that a person in order to remember and worship the Almighty secludes himself in a mosque or some place. It is an established Sunnah which has always remained a constituent of the religion brought by the Prophets of God. The addressees of this discourse were fully aware of it and furnishing its details was thus not required. What however is evident from the Qur’an is that this worship ritual has a special affinity for the month of Ramadan. This inference is also corroborated by the practice of the Prophet (sws) and by some narratives attributed to him

[45]. One should distance one’s self considerably from the limits and bounds set by the Almighty so that one does not inadvertently cross them.

[46]. These words normally occur after verses which are revealed to explain a directive. This is actually a fulfilment of the promise mentioned in Surah Qiyamah in the following words: ‘إنَّ عَلَيْنَا بَيَانَه ثُمَّ ُ’ (Then it is upon Us to explain it (75:19)). The basic reason for such an explanation is to remove any doubt and uncertainty so that a believer is able to become even more thorough in virtue.

[47]. The Qur’anic word used is ‘بِالْبَاطِلِ’. It implies devouring other people’s wealth through means which are against justice, honesty, fairness and against the good conventions of a society. It is this directive of the Qur’an which forms the basis of all prohibitions in Islam that pertain to economic matters. Obtaining money through illegal gratification, theft, extortion, lying, co-operation with evil, embezzlement, misappropriation, consuming unclaimed items without publicizing them, all come under it.

[48]. The sentence ‘وَتُدْلُواْ بِهَا إِلَى الْحُكَّامِ’ is co-ordinated the previous and since it is explaining it, ‘لاَ’, the particle of negation, does not need to be repeated in it.

[49]. The Qur’anic words used are: ‘وَتُدْلُواْ بِهَا إِلَى الْحُكَّامِ’. The word ‘إِدْلَاء’ means ‘to put a bucket in a well’. It is through here the meaning of ‘gaining access to’ was incorporated in it. It means illegal gratification and the way the Qur’an has used these words clearly shows what the essence of such gratification is.

[50]. The implication is that the fact that this is a sin and an act of suppressing rights is known to a person, his intellect and nature bear witness to it, the conventions of a society corroborate it and its prohibition is accepted in all religions. So it is such a manifest reality that everyone knows about it. No one is unaware of it.

[51]. The Qur’anic words used are: ‘يَسْأَلُونَكَ عَنِ الأهِلَّةِ’. The word ‘أهِلَّة’ is the plural of ‘هِلَال’, which is used