If Anyone Slays a Person (Qur'an 5:32): Difference between revisions

From WikiIslam, the online resource on Islam
Jump to navigation Jump to search
[checked revision][checked revision]
No edit summary
Line 21: Line 21:
The preceding verses 5:27-31 talk about the Jewish story of Cain and Abel. Abel offered animal sacrifice to Allah and Abel offered crops. Allah liked the animal sacrifice, but he rejected the crops, so Cain got angry and killed Abel <ref>[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=5&tAyahNo=27&tDisplay=yes&UserProfile=0&LanguageId=2 Tafsir Al-Jalalayn 5:27]</ref>. Then comes the verse 5:32, beginning with "for that reason" or "on that account" (مِنْ أَجْلِ ذَٰلِكَ, ''min ajli dhaalika''), meaning "for the reason Cain killed Abel" <ref>"Because of that which Cain did We decreed for the Children of Israel that whoever slays a soul..." - [http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=5&tAyahNo=32&tDisplay=yes&UserProfile=0&LanguageId=2 Tafsir Al-Jalalayn 5:32]</ref>. Then the verse describes a decree given to "the Children of Israel" i.e. the Jews who, according to Islam, received an [[Taurat|earlier set]] of scriptures. Incidentally, the Qur'an here is mistakingly referencing a very human [[Parallelism:_Sanhedrin_37a|rabbinical commentary found in the Talmud]]<ref>[http://www.come-and-hear.com/sanhedrin/sanhedrin_37.html Talmud Sanhedrin 37a]- "For this reason was man created alone, to teach thee that whosoever destroys a single soul of Israel, scripture imputes [guilt] to him as though he had destroyed a complete world; and whosoever preserves a single soul of Israel, scripture ascribes [merit] to him as though he had preserved a complete world." - It explains why Man was created only 1 (Adam), while animals were created in masses. [http://www.askmoses.com/en/article/192,2230417/From-where-does-the-saying-Save-a-life-save-a-whole-world-originate.html]</ref> as if it had been a decree in the words of Allah.
The preceding verses 5:27-31 talk about the Jewish story of Cain and Abel. Abel offered animal sacrifice to Allah and Abel offered crops. Allah liked the animal sacrifice, but he rejected the crops, so Cain got angry and killed Abel <ref>[http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=5&tAyahNo=27&tDisplay=yes&UserProfile=0&LanguageId=2 Tafsir Al-Jalalayn 5:27]</ref>. Then comes the verse 5:32, beginning with "for that reason" or "on that account" (مِنْ أَجْلِ ذَٰلِكَ, ''min ajli dhaalika''), meaning "for the reason Cain killed Abel" <ref>"Because of that which Cain did We decreed for the Children of Israel that whoever slays a soul..." - [http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=5&tAyahNo=32&tDisplay=yes&UserProfile=0&LanguageId=2 Tafsir Al-Jalalayn 5:32]</ref>. Then the verse describes a decree given to "the Children of Israel" i.e. the Jews who, according to Islam, received an [[Taurat|earlier set]] of scriptures. Incidentally, the Qur'an here is mistakingly referencing a very human [[Parallelism:_Sanhedrin_37a|rabbinical commentary found in the Talmud]]<ref>[http://www.come-and-hear.com/sanhedrin/sanhedrin_37.html Talmud Sanhedrin 37a]- "For this reason was man created alone, to teach thee that whosoever destroys a single soul of Israel, scripture imputes [guilt] to him as though he had destroyed a complete world; and whosoever preserves a single soul of Israel, scripture ascribes [merit] to him as though he had preserved a complete world." - It explains why Man was created only 1 (Adam), while animals were created in masses. [http://www.askmoses.com/en/article/192,2230417/From-where-does-the-saying-Save-a-life-save-a-whole-world-originate.html]</ref> as if it had been a decree in the words of Allah.


The next two verses explain how the principle should be applied by Muslims, particularly regarding the caveat about those who cause mischief ('fasadin', which also appears in the next verse and was an Arabic word defined in dictionaries as corruption, unrighteousness, disorder, disturbance <ref>فَسَادٍ fasadin - [http://www.studyquran.org/LaneLexicon/Volume6/00000180.pdf Lane's Lexicon] Book I page 2396</ref>). What first appeared on the surface to be a peaceful message, is in actual fact a warning:
The next two verses explain how the principle should be applied by Muslims, particularly regarding the caveat about those who cause mischief ('fasadin', which appears both in verse 32 and verse 33 and was an Arabic word defined in dictionaries as corruption, unrighteousness, disorder, disturbance <ref>فَسَادٍ fasadin - [http://www.studyquran.org/LaneLexicon/Volume6/00000180.pdf Lane's Lexicon] Book I page 2396</ref>). What is often presented as being a purely peaceful message, at the same time includes a warning:


{{Quote|{{Quran|5|33-34}}|The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter;  Except for those who repent before they fall into your power: in that case, know that Allah is Oft-forgiving, Most Merciful.}}
{{Quote|{{Quran|5|33-34}}|The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter;  Except for those who repent before they fall into your power: in that case, know that Allah is Oft-forgiving, Most Merciful.}}
Line 40: Line 40:
Muslim scholars consider Mujahid ibn Jabr to be a narrator of the highest reliability.<ref>"''....Mujahid ibn Jabr, Abu al-Hajjaj al-Makhzumi is one of the major commentators of Qur'an among the Tâbi'în and of the highest rank in reliability among hadith narrators (thiqa)....''" - Sh. G. F. Haddad - [http://www.livingislam.org/o/mujah_e.html Mujahid (d. 102)] - LivingIslam, April 4, 2000.</ref>  
Muslim scholars consider Mujahid ibn Jabr to be a narrator of the highest reliability.<ref>"''....Mujahid ibn Jabr, Abu al-Hajjaj al-Makhzumi is one of the major commentators of Qur'an among the Tâbi'în and of the highest rank in reliability among hadith narrators (thiqa)....''" - Sh. G. F. Haddad - [http://www.livingislam.org/o/mujah_e.html Mujahid (d. 102)] - LivingIslam, April 4, 2000.</ref>  


Ibn Abbas is also cited by ibn Kathir for this verse, saying more generally, that it refers to the killing of a "soul that Allah has forbidden killing". Being a companion of Muhammad, Ibn Abbas was present around the time these verses were revealed. Together with ibn Jabr, he went through the Qur'an thirty times and memorised the meanings.
Ibn Abbas is also cited by ibn Kathir for this verse, giving the more general opinion, that it refers to the killing of a "soul that Allah has forbidden killing". Being a companion of Muhammad, Ibn Abbas was present around the time these verses were revealed. Together with ibn Jabr, he went through the Qur'an thirty times and memorised the meanings.


Uthman is also reported to have paraphrased the verse in a general way by ibn Kathir. This refers to the [[w:Siege_of_Uthman| siege of Uthman's]] house by a Muslim delegation who had intercepted a letter from him calling for their execution. He convinces an ally not to fight the besiegers by citing verse 5:32.
Uthman is also recorded in ibn Kathir's tafsir to have paraphrased the verse as applying to all people. This refers to the [[w:Siege_of_Uthman| siege of Uthman's]] house by a Muslim delegation who had intercepted a letter from him calling for their execution. He convinces an ally not to fight the besiegers by citing verse 5:32.


{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=786&Itemid=60 Human Beings Should Respect the Sanctity of Other Human Beings]<BR>Tafsir Ibn Kathir|2=Al-A`mash and others said that Abu Salih said that Abu Hurayrah said, "I entered on `Uthman when he was under siege in his house and said, `I came to give you my support. Now, it is good to fight (defending you) O Leader of the Faithful!' He said, `O Abu Hurayrah! Does it please you that you kill all people, including me' I said, `No.' He said, `If you kill one man, it is as if you killed all people. Therefore, go back with my permission for you to leave. May you receive your reward and be saved from burden.' So I went back and did not fight.'''}}
{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=786&Itemid=60 Human Beings Should Respect the Sanctity of Other Human Beings]<BR>Tafsir Ibn Kathir|2=Al-A`mash and others said that Abu Salih said that Abu Hurayrah said, "I entered on `Uthman when he was under siege in his house and said, `I came to give you my support. Now, it is good to fight (defending you) O Leader of the Faithful!' He said, `O Abu Hurayrah! Does it please you that you kill all people, including me' I said, `No.' He said, `If you kill one man, it is as if you killed all people. Therefore, go back with my permission for you to leave. May you receive your reward and be saved from burden.' So I went back and did not fight.'''}}
Line 49: Line 49:
===The Meaning of "Mischief" (fasadin)===
===The Meaning of "Mischief" (fasadin)===


The Qur'an describes the punishments for those who "wage war against Allah and his messenger" and strive for "mischief" in the Land as execution, [[crucifixion]], the [[Amputation|cutting off of hands and feet]] from opposite sides, or exile from the land. Definitions of these groups can be found in hadiths, tafsirs, and even other Qur'an verses, in which mischief includes such things as disputing Islam.
The Qur'an describes the punishments for those who "wage war against Allah and his messenger" and strive for "mischief" in the Land as execution, [[crucifixion]], the [[Amputation|cutting off of hands and feet]] from opposite sides, or exile from the land. Definitions of these groups can be found in hadiths, tafsirs, and even other Qur'an verses.


It is fairly obvious that the polytheists were one such group meant by the phrase "those who wage war against Allah and his messenger, and strive with might and main for mischief through the land". A hadith graded hasan by al-Albani in Sunan Abu Dawud confirms this:
It is fairly obvious that the polytheists were one such group meant by the phrase "those who wage war against Allah and his messenger, and strive with might and main for mischief through the land". A hadith graded hasan by al-Albani in Sunan Abu Dawud confirms this:
Line 59: Line 59:
The tafsirs for verses 5:32-33 provide wide definitions and examples of what is meant by "war against Allah and his messenger" and "mischief", as well as pointing to a specific incident of murder narrated in sahih hadiths.
The tafsirs for verses 5:32-33 provide wide definitions and examples of what is meant by "war against Allah and his messenger" and "mischief", as well as pointing to a specific incident of murder narrated in sahih hadiths.


Retribution for murder is one of the caveats for which the principle in verse 5:32 does not apply. Some of the punishments prescribed in verse 5:33 are ordered by Muhammad after the following murder incident narrated in sahih hadiths and cited in tafsirs for these verses:
Retribution for murder is one of the caveats in verse 5:32 for which the peaceful principle does not apply. Some of the punishments prescribed in verse 5:33 are ordered by Muhammad after the following murder incident narrated in sahih hadiths and cited in tafsirs for these verses:


{{Quote|{{Bukhari|1|4|234}}|Narrated Abu Qilaba:
{{Quote|{{Bukhari|1|4|234}}|Narrated Abu Qilaba:
Line 65: Line 65:
Anas said, "Some people of `Ukl or `Uraina tribe came to Medina and its climate did not suit them. So the Prophet (ﷺ) ordered them to go to the herd of (Milch) camels and to drink their milk and urine (as a medicine). So they went as directed and after they became healthy, they killed the shepherd of the Prophet and drove away all the camels. The news reached the Prophet (ﷺ) early in the morning and he sent (men) in their pursuit and they were captured and brought at noon. He then ordered to cut their hands and feet (and it was done), and their eyes were branded with heated pieces of iron, They were put in 'Al-Harra' and when they asked for water, no water was given to them." Abu Qilaba said, "Those people committed theft and murder, became infidels after embracing Islam and fought against Allah and His Apostle."}}
Anas said, "Some people of `Ukl or `Uraina tribe came to Medina and its climate did not suit them. So the Prophet (ﷺ) ordered them to go to the herd of (Milch) camels and to drink their milk and urine (as a medicine). So they went as directed and after they became healthy, they killed the shepherd of the Prophet and drove away all the camels. The news reached the Prophet (ﷺ) early in the morning and he sent (men) in their pursuit and they were captured and brought at noon. He then ordered to cut their hands and feet (and it was done), and their eyes were branded with heated pieces of iron, They were put in 'Al-Harra' and when they asked for water, no water was given to them." Abu Qilaba said, "Those people committed theft and murder, became infidels after embracing Islam and fought against Allah and His Apostle."}}


Besides this specific incident, the tafsirs interpret "mischief" in an alarmingly wide manner. In ibn Kathir's tafsir, the definition of "Mischief" according to Islam is explained in the context of {{Quran|2|11}}:
In al-Suyuti's Tafsir al-Jalalayn, the following commentary is found in relation to this incident and Qur'an verse 5:33:
 
{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=1&tTafsirNo=74&tSoraNo=5&tAyahNo=33&tDisplay=yes&UserProfile=0&LanguageId=2 Tafsir al-Jalalayn on verse 5:33]|2=The following was revealed when the ‘Arniyyūn came to Medina suffering from some illness and the Prophet s gave them permission to go and drink from the camels’ urine and milk. Once they felt well they slew the Prophet’s shepherd and stole the herd of camels Truly the only requital of those who fight against God and His Messenger by fighting against Muslims and hasten about the earth to do corruption there by waylaying is that they shall be slaughtered or crucified or have their hands and feet cut off on opposite sides that is their right hands and left feet or be banished from the land the aw ‘or’ is used to indicate the separate application of each of the cases listed; thus death is for those that have only killed; crucifixion is for those that have killed and stolen property; the cutting off of limbs on opposite sides is for those that have stolen property but have not killed; while banishment is for those that pose a threat — this was stated by Ibn ‘Abbās and is the opinion of al-Shāfi‘ī; the more sound of his al-Shāfi‘ī’s two opinions is that crucifixion should be for three days after the death of the killer or it is also said shortly before he is killed; with banishment are included similar punishments such as imprisonment and the like. That mentioned requital is a degradation a humiliation for them in this world; and in the Hereafter theirs will be a great chastisement namely the chastisement of the Fire.}}
 
 
Besides this specific incident, the tafsirs interpret "mischief" (the Arabic word fasadin in verses 5:32 and 33) and even "waging war on Allah and his Messenger" in an alarmingly wide manner. In ibn Kathir's tafsir, the definition of "Mischief" according to Islam is explained in the context of {{Quran|2|11}}:


{{Quote|[1=http://www.qtafsir.com/index.php?option=com_content&task=view&id=786&Itemid=60 Tafsir Ibn Kathir on verse 2:11]|2=("Do not make mischief on the earth"), that is disbelief and acts of disobedience. Abu Ja`far said that Ar-Rabi` bin Anas said that Abu Al-`Aliyah said that Allah's statement, (And when it is said to them: "Do not make mischief on the earth,"), means, "Do not commit acts of disobedience on the earth. Their mischief is disobeying Allah, because whoever disobeys Allah on the earth, or commands that Allah be disobeyed, he has committed mischief on the earth. Peace on both the earth and in the heavens is ensured (and earned) through obedience (to Allah)." Ar-Rabi` bin Anas and Qatadah said similarly.}}
{{Quote|[1=http://www.qtafsir.com/index.php?option=com_content&task=view&id=786&Itemid=60 Tafsir Ibn Kathir on verse 2:11]|2=("Do not make mischief on the earth"), that is disbelief and acts of disobedience. Abu Ja`far said that Ar-Rabi` bin Anas said that Abu Al-`Aliyah said that Allah's statement, (And when it is said to them: "Do not make mischief on the earth,"), means, "Do not commit acts of disobedience on the earth. Their mischief is disobeying Allah, because whoever disobeys Allah on the earth, or commands that Allah be disobeyed, he has committed mischief on the earth. Peace on both the earth and in the heavens is ensured (and earned) through obedience (to Allah)." Ar-Rabi` bin Anas and Qatadah said similarly.}}
Line 77: Line 82:
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=2&tTafsirNo=73&tSoraNo=5&tAyahNo=32&tDisplay=yes&UserProfile=0&LanguageId=2 Tafsir Ibn Abbas on verse 5:32]|2=(For that) because Cain wrongfully killed Abel (cause We decreed for the Children of Israel) in the Torah (that whosoever killeth a human being for other than man slaughter) i.e. premeditatedly (or '''corruption in the earth''') or '''because of idolatry''', (it shall be as if be had killed all mankind) }}
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo=2&tTafsirNo=73&tSoraNo=5&tAyahNo=32&tDisplay=yes&UserProfile=0&LanguageId=2 Tafsir Ibn Abbas on verse 5:32]|2=(For that) because Cain wrongfully killed Abel (cause We decreed for the Children of Israel) in the Torah (that whosoever killeth a human being for other than man slaughter) i.e. premeditatedly (or '''corruption in the earth''') or '''because of idolatry''', (it shall be as if be had killed all mankind) }}


In the Tafsir al-Jalalayn, by al-Suyuti, the following commentary is found:
In the Tafsir al-Jalalayn, by al-Suyuti, the following commentary is found in relation to Qur'an verse 5:32. It covers much broader categories of people than the commentary regarding the specific punishments in 5:33 quoted from it above:


{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=1&tTafsirNo=74&tSoraNo=5&tAyahNo=32&tDisplay=yes&UserProfile=0&LanguageId=2 Tafsir al-Jalalayn on verse 5:32]|2=Because of that, which Cain did, We decreed for the Children of Israel that whoever slays a soul for other than a soul, slain, or for, other than, corruption, committed, in the land, '''in the way of unbelief''', fornication or waylaying and the like, it shall be as if he had slain mankind altogether; and whoever saves the life of one, by refraining from slaying, it shall be as if he had saved the life of all mankind — Ibn ‘Abbās said [that the above is meant] in the sense of violating and protecting its [a soul’s] sanctity [respectively]. Our messengers have already come to them, that is, to the Children of Israel, with clear proofs, miracles, but after that many of them still commit excesses in the land, '''overstepping the bounds through disbelief''', killing and the like.}}
{{Quote|1=[http://www.altafsir.com/Tafasir.asp?tMadhNo=1&tTafsirNo=74&tSoraNo=5&tAyahNo=32&tDisplay=yes&UserProfile=0&LanguageId=2 Tafsir al-Jalalayn on verse 5:32]|2=Because of that, which Cain did, We decreed for the Children of Israel that whoever slays a soul for other than a soul, slain, or for, other than, corruption, committed, in the land, '''in the way of unbelief''', fornication or waylaying and the like, it shall be as if he had slain mankind altogether; and whoever saves the life of one, by refraining from slaying, it shall be as if he had saved the life of all mankind — Ibn ‘Abbās said [that the above is meant] in the sense of violating and protecting its [a soul’s] sanctity [respectively]. Our messengers have already come to them, that is, to the Children of Israel, with clear proofs, miracles, but after that many of them still commit excesses in the land, '''overstepping the bounds through disbelief''', killing and the like.}}


This understanding of what constitutes 'mischief' in Islam is confirmed by looking to other verses found within the Qur'an. Verse 3:63, for example, where those who merely dispute Islam are mischief makers:
These broader definitions found in the tafsirs seem intended to accommodate the Islamic death penalties for married adulterers and apostates found in hadiths. At the same time, a broader understanding of what constitutes 'mischief' in Islam is found even within the Qur'an, whether or not this was the intention in verses 5:32 and 33. See verse 3:63, for example, where those who merely dispute Islam are mischief makers:


{{Quote|{{Quran-range|3|60|63}}|The Truth (comes) from Allah alone; so be not of those who doubt. '''If any one disputes in this matter with thee''', now after (full) knowledge Hath come to thee, say: "Come! let us gather together,- our sons and your sons, our women and your women, ourselves and yourselves: Then let us earnestly pray, and invoke the curse of Allah on those who lie!" This is the true account: There is no god except Allah; and Allah-He is indeed the Exalted in Power, the Wise. But if they turn back, '''Allah hath full knowledge of those who do mischief.'''}}
{{Quote|{{Quran-range|3|60|63}}|The Truth (comes) from Allah alone; so be not of those who doubt. '''If any one disputes in this matter with thee''', now after (full) knowledge Hath come to thee, say: "Come! let us gather together,- our sons and your sons, our women and your women, ourselves and yourselves: Then let us earnestly pray, and invoke the curse of Allah on those who lie!" This is the true account: There is no god except Allah; and Allah-He is indeed the Exalted in Power, the Wise. But if they turn back, '''Allah hath full knowledge of those who do mischief.'''}}
Clearly "mischief" can and does apply to someone who disputes Islam.


According to Shaykh Yusuf al-Qaradawi, the world's most quoted independent Islamic jurist:
According to Shaykh Yusuf al-Qaradawi, the world's most quoted independent Islamic jurist:
Line 91: Line 94:
{{Quote||Surah al-Ma'idah (5:33) says: "The punishment of those who wage war against Allah and His apostle is that they should be murdered or crucified." According to Abi Kulaba's narration '''this verse means the apostates.''' And many hadiths, not only one or two, but many, narrated by a number of Muhammad's companions state that '''any apostate should be killed'''. }}
{{Quote||Surah al-Ma'idah (5:33) says: "The punishment of those who wage war against Allah and His apostle is that they should be murdered or crucified." According to Abi Kulaba's narration '''this verse means the apostates.''' And many hadiths, not only one or two, but many, narrated by a number of Muhammad's companions state that '''any apostate should be killed'''. }}


So what is first offered as the height of moral teachings found in the Qur'an, was widely understood as part of an intolerant call to violence. Verse 5:32
So what is first offered as the height of moral teachings found in the Qur'an, was widely understood as compatible with violent intolerance elsewhere within Islam. Verse 5:32


===The Worth of a Non-Believer===
===The Worth of a Non-Believer===
Line 104: Line 107:
"O Abu Hamza! '''What makes the life and property of a person sacred?" He replied, "Whoever says, 'None has the right to be worshipped but Allah'''', faces our Qibla during the prayers, prays like us and eats our slaughtered animal, then he is a Muslim, and has got the same rights and obligations as other Muslims have."}}
"O Abu Hamza! '''What makes the life and property of a person sacred?" He replied, "Whoever says, 'None has the right to be worshipped but Allah'''', faces our Qibla during the prayers, prays like us and eats our slaughtered animal, then he is a Muslim, and has got the same rights and obligations as other Muslims have."}}


Furthermore, Muhammad also gave the verdict ([[fatwa]]) that a Muslim can not be killed for killing a non-Muslim.
The prominent scholar Ibn Taymiyyah (d. 1328 CE) regarded Muhammad's command in the above hadith as applying to those who fought against the Muslims.
 
Muhammad also gave the verdict ([[fatwa]]) that a Muslim can not be killed for killing a non-Muslim.


{{Quote|{{Bukhari|9|83|50}}, See Also: {{Bukhari|1|3|111}}, and {{Bukhari|4|52|283}}|Narrated Abu Juhaifa:  
{{Quote|{{Bukhari|9|83|50}}, See Also: {{Bukhari|1|3|111}}, and {{Bukhari|4|52|283}}|Narrated Abu Juhaifa:  
Line 110: Line 115:
I asked 'Ali "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Uyaina once said, "Apart from what the people have?" 'Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Quran and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever)."}}
I asked 'Ali "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Uyaina once said, "Apart from what the people have?" 'Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Quran and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever)."}}


The vast majority of Muslim scholars hold this view, while a minority believe that a Muslim can be killed if he kills a non-Muslim [[Dhimmi]] who is under the "protection" of the Islamic community.<ref>{{cite web|url= http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=92261 |title= Killing a Muslim in punishment for killing a non-Muslim|publisher= Islamweb |series= Fatwa No.92261|author= |date= August 1, 2006|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamweb.net%2Femainpage%2Findex.php%3Fpage%3Dshowfatwa%26Option%3DFatwaId%26Id%3D92261+&date=2013-10-26|deadurl=no}}</ref><ref>[http://infad.usim.edu.my/modules.php?op=modload&name=News&file=article&sid=10801 Fatawa: Killing a Muslim for a Non-Muslim] - Islamic Science University of Malaysia, November 6, 2003</ref>
The majority of Muslim scholars held this view, while a minority (the Hanafi school of jurisprudence) believed that a Muslim can be killed if he kills a non-Muslim [[Dhimmi]] who is under the "protection" of the Islamic community.<ref>{{cite web|url= http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=92261 |title= Killing a Muslim in punishment for killing a non-Muslim|publisher= Islamweb |series= Fatwa No.92261|author= |date= August 1, 2006|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamweb.net%2Femainpage%2Findex.php%3Fpage%3Dshowfatwa%26Option%3DFatwaId%26Id%3D92261+&date=2013-10-26|deadurl=no}}</ref><ref>[http://infad.usim.edu.my/modules.php?op=modload&name=News&file=article&sid=10801 Fatawa: Killing a Muslim for a Non-Muslim] - Islamic Science University of Malaysia, November 6, 2003</ref>


The lack of Qisas for killing a non-Muslim does not necessarily contradict the principle in Qur'an verse 5:32, and murder of both Muslims and non-Muslims is a punishable crime in predominantly Muslim countries around the world today. At the same time, the death penalty for apostasy still exists on the lawbooks of some of these countries.


==Conclusion==
==Conclusion==

Revision as of 03:19, 16 April 2018

Error creating thumbnail: Unable to save thumbnail to destination

This article analyzes the Qur'anic verse 5:32 and the definition of "Mischief" in Islam.

Introduction

Many websites[1][2][3] and public figures[4][5] have claimed that the following verse appears in the Qur'an, and that it denounces killing and equates the slaying of one human life to that of genocide against the entirety of mankind.

“If anyone slays a person, it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people.”
Qur'an

However, this verse cannot be found in any printed copy of the Qur'an, regardless of whether or not it is in the original Arabic or in one of its many English translations. The reason for this is simple: the verse in question does not exist.

Qur'an 5:32

What is actually presented by apologists is a distorted, out-of-context and misleading paraphrasing of the following verse:

On that account: We ordained for the Children of Israel that if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people. Then although there came to them Our messengers with clear signs, yet, even after that, many of them continued to commit excesses in the land.
Quran 5:32

Analysis

Its Context

The preceding verses 5:27-31 talk about the Jewish story of Cain and Abel. Abel offered animal sacrifice to Allah and Abel offered crops. Allah liked the animal sacrifice, but he rejected the crops, so Cain got angry and killed Abel [6]. Then comes the verse 5:32, beginning with "for that reason" or "on that account" (مِنْ أَجْلِ ذَٰلِكَ, min ajli dhaalika), meaning "for the reason Cain killed Abel" [7]. Then the verse describes a decree given to "the Children of Israel" i.e. the Jews who, according to Islam, received an earlier set of scriptures. Incidentally, the Qur'an here is mistakingly referencing a very human rabbinical commentary found in the Talmud[8] as if it had been a decree in the words of Allah.

The next two verses explain how the principle should be applied by Muslims, particularly regarding the caveat about those who cause mischief ('fasadin', which appears both in verse 32 and verse 33 and was an Arabic word defined in dictionaries as corruption, unrighteousness, disorder, disturbance [9]). What is often presented as being a purely peaceful message, at the same time includes a warning:

The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter; Except for those who repent before they fall into your power: in that case, know that Allah is Oft-forgiving, Most Merciful.
Quran 5:33-34

Its Application to Muslims

The principle in verse 5:32 seems to refer to the killing and saving of not just Muslims, but any person ('nafsan', which means a soul) who is not covered by the exceptions. On the other hand, the highly respected Qur'anic exegesis of Ibn Kathir contains narrations that cloud the issue somewhat, with some narrations that restrict the principle to the killing of a believer, while other narrations use a more general formulation like the Qur'anic verse.

For 5:32 he cites the early Qur'anic commentator and Tabi'un, Sayid ibn Jubayr (who lived at the time of Prophet Muhammad, and was a companion of Aisha):

.....Sa`id bin Jubayr said, "He who allows himself to shed the blood of a Muslim, is like he who allows shedding the blood of all people. He who forbids shedding the blood of one Muslim, is like he who forbids shedding the blood of all people."
Human Beings Should Respect the Sanctity of Other Human Beings
Tafsir Ibn Kathir

He also cites another Tabi'un and commentator of the Qur'an, Mujahid ibn Jabr (a student of Ibn Abbas; a paternal cousin of Muhammad) while commenting on verse 5:32:

In addition, Ibn Jurayj said that Al-A`raj said that Mujahid commented on the Ayah, He who kills a believing soul intentionally, Allah makes the Fire of Hell his abode, He will become angry with him, and curse him, and has prepared a tremendous punishment for him, equal to if he had killed all people, his punishment will still be the same.
Human Beings Should Respect the Sanctity of Other Human Beings
Tafsir Ibn Kathir

Muslim scholars consider Mujahid ibn Jabr to be a narrator of the highest reliability.[10]

Ibn Abbas is also cited by ibn Kathir for this verse, giving the more general opinion, that it refers to the killing of a "soul that Allah has forbidden killing". Being a companion of Muhammad, Ibn Abbas was present around the time these verses were revealed. Together with ibn Jabr, he went through the Qur'an thirty times and memorised the meanings.

Uthman is also recorded in ibn Kathir's tafsir to have paraphrased the verse as applying to all people. This refers to the siege of Uthman's house by a Muslim delegation who had intercepted a letter from him calling for their execution. He convinces an ally not to fight the besiegers by citing verse 5:32.

Al-A`mash and others said that Abu Salih said that Abu Hurayrah said, "I entered on `Uthman when he was under siege in his house and said, `I came to give you my support. Now, it is good to fight (defending you) O Leader of the Faithful!' He said, `O Abu Hurayrah! Does it please you that you kill all people, including me' I said, `No.' He said, `If you kill one man, it is as if you killed all people. Therefore, go back with my permission for you to leave. May you receive your reward and be saved from burden.' So I went back and did not fight.
Human Beings Should Respect the Sanctity of Other Human Beings
Tafsir Ibn Kathir


The Meaning of "Mischief" (fasadin)

The Qur'an describes the punishments for those who "wage war against Allah and his messenger" and strive for "mischief" in the Land as execution, crucifixion, the cutting off of hands and feet from opposite sides, or exile from the land. Definitions of these groups can be found in hadiths, tafsirs, and even other Qur'an verses.

It is fairly obvious that the polytheists were one such group meant by the phrase "those who wage war against Allah and his messenger, and strive with might and main for mischief through the land". A hadith graded hasan by al-Albani in Sunan Abu Dawud confirms this:

Narrated Abdullah ibn Abbas: The verse "The punishment of those who wage war against Allah and His Apostle, and strive with might and main for mischief through the land is execution, or crucifixion, or the cutting off of hands and feet from opposite side or exile from the land...most merciful" was revealed about polytheists. If any of them repents before they are arrested, it does not prevent from inflicting on him the prescribed punishment which he deserves.
Sunan Abu Dawud 38:4359

The tafsirs for verses 5:32-33 provide wide definitions and examples of what is meant by "war against Allah and his messenger" and "mischief", as well as pointing to a specific incident of murder narrated in sahih hadiths.

Retribution for murder is one of the caveats in verse 5:32 for which the peaceful principle does not apply. Some of the punishments prescribed in verse 5:33 are ordered by Muhammad after the following murder incident narrated in sahih hadiths and cited in tafsirs for these verses:

Narrated Abu Qilaba: Anas said, "Some people of `Ukl or `Uraina tribe came to Medina and its climate did not suit them. So the Prophet (ﷺ) ordered them to go to the herd of (Milch) camels and to drink their milk and urine (as a medicine). So they went as directed and after they became healthy, they killed the shepherd of the Prophet and drove away all the camels. The news reached the Prophet (ﷺ) early in the morning and he sent (men) in their pursuit and they were captured and brought at noon. He then ordered to cut their hands and feet (and it was done), and their eyes were branded with heated pieces of iron, They were put in 'Al-Harra' and when they asked for water, no water was given to them." Abu Qilaba said, "Those people committed theft and murder, became infidels after embracing Islam and fought against Allah and His Apostle."
Sahih Bukhari 1:4:234

In al-Suyuti's Tafsir al-Jalalayn, the following commentary is found in relation to this incident and Qur'an verse 5:33:

The following was revealed when the ‘Arniyyūn came to Medina suffering from some illness and the Prophet s gave them permission to go and drink from the camels’ urine and milk. Once they felt well they slew the Prophet’s shepherd and stole the herd of camels Truly the only requital of those who fight against God and His Messenger by fighting against Muslims and hasten about the earth to do corruption there by waylaying is that they shall be slaughtered or crucified or have their hands and feet cut off on opposite sides that is their right hands and left feet or be banished from the land the aw ‘or’ is used to indicate the separate application of each of the cases listed; thus death is for those that have only killed; crucifixion is for those that have killed and stolen property; the cutting off of limbs on opposite sides is for those that have stolen property but have not killed; while banishment is for those that pose a threat — this was stated by Ibn ‘Abbās and is the opinion of al-Shāfi‘ī; the more sound of his al-Shāfi‘ī’s two opinions is that crucifixion should be for three days after the death of the killer or it is also said shortly before he is killed; with banishment are included similar punishments such as imprisonment and the like. That mentioned requital is a degradation a humiliation for them in this world; and in the Hereafter theirs will be a great chastisement namely the chastisement of the Fire.
Tafsir al-Jalalayn on verse 5:33


Besides this specific incident, the tafsirs interpret "mischief" (the Arabic word fasadin in verses 5:32 and 33) and even "waging war on Allah and his Messenger" in an alarmingly wide manner. In ibn Kathir's tafsir, the definition of "Mischief" according to Islam is explained in the context of Quran 2:11:

("Do not make mischief on the earth"), that is disbelief and acts of disobedience. Abu Ja`far said that Ar-Rabi` bin Anas said that Abu Al-`Aliyah said that Allah's statement, (And when it is said to them: "Do not make mischief on the earth,"), means, "Do not commit acts of disobedience on the earth. Their mischief is disobeying Allah, because whoever disobeys Allah on the earth, or commands that Allah be disobeyed, he has committed mischief on the earth. Peace on both the earth and in the heavens is ensured (and earned) through obedience (to Allah)." Ar-Rabi` bin Anas and Qatadah said similarly.

In relation to verse 5:33 Ibn Kathir says:

(The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land.) `Wage war' mentioned here means, oppose and contradict, and it includes disbelief, blocking roads and spreading fear in the fairways. Mischief in the land refers to various types of evil.
Tafsir Ibn Kathir on verse 5:33

In the Tafsir attributed to ibn Abbas (date and true author unknown):

(For that) because Cain wrongfully killed Abel (cause We decreed for the Children of Israel) in the Torah (that whosoever killeth a human being for other than man slaughter) i.e. premeditatedly (or corruption in the earth) or because of idolatry, (it shall be as if be had killed all mankind)
Tafsir Ibn Abbas on verse 5:32

In the Tafsir al-Jalalayn, by al-Suyuti, the following commentary is found in relation to Qur'an verse 5:32. It covers much broader categories of people than the commentary regarding the specific punishments in 5:33 quoted from it above:

Because of that, which Cain did, We decreed for the Children of Israel that whoever slays a soul for other than a soul, slain, or for, other than, corruption, committed, in the land, in the way of unbelief, fornication or waylaying and the like, it shall be as if he had slain mankind altogether; and whoever saves the life of one, by refraining from slaying, it shall be as if he had saved the life of all mankind — Ibn ‘Abbās said [that the above is meant] in the sense of violating and protecting its [a soul’s] sanctity [respectively]. Our messengers have already come to them, that is, to the Children of Israel, with clear proofs, miracles, but after that many of them still commit excesses in the land, overstepping the bounds through disbelief, killing and the like.
Tafsir al-Jalalayn on verse 5:32

These broader definitions found in the tafsirs seem intended to accommodate the Islamic death penalties for married adulterers and apostates found in hadiths. At the same time, a broader understanding of what constitutes 'mischief' in Islam is found even within the Qur'an, whether or not this was the intention in verses 5:32 and 33. See verse 3:63, for example, where those who merely dispute Islam are mischief makers:

The Truth (comes) from Allah alone; so be not of those who doubt. If any one disputes in this matter with thee, now after (full) knowledge Hath come to thee, say: "Come! let us gather together,- our sons and your sons, our women and your women, ourselves and yourselves: Then let us earnestly pray, and invoke the curse of Allah on those who lie!" This is the true account: There is no god except Allah; and Allah-He is indeed the Exalted in Power, the Wise. But if they turn back, Allah hath full knowledge of those who do mischief.
Quran 3:60-63

According to Shaykh Yusuf al-Qaradawi, the world's most quoted independent Islamic jurist:

Surah al-Ma'idah (5:33) says: "The punishment of those who wage war against Allah and His apostle is that they should be murdered or crucified." According to Abi Kulaba's narration this verse means the apostates. And many hadiths, not only one or two, but many, narrated by a number of Muhammad's companions state that any apostate should be killed.

So what is first offered as the height of moral teachings found in the Qur'an, was widely understood as compatible with violent intolerance elsewhere within Islam. Verse 5:32

The Worth of a Non-Believer

According to sahih hadith, Muhammad said the life of a non-Muslim is not sacred:

Narrated Anas bin Malik:

Allah's Apostle said, "I have been ordered to fight the people till they say: 'None has the right to be worshipped but Allah.' And if they say so, pray like our prayers, face our Qibla and slaughter as we slaughter, then their blood and property will be sacred to us and we will not interfere with them except legally and their reckoning will be with Allah." Narrated Maimun ibn Siyah that he asked Anas bin Malik,

"O Abu Hamza! What makes the life and property of a person sacred?" He replied, "Whoever says, 'None has the right to be worshipped but Allah', faces our Qibla during the prayers, prays like us and eats our slaughtered animal, then he is a Muslim, and has got the same rights and obligations as other Muslims have."
Sahih Bukhari 1:8:387, See Also: Sahih Bukhari 1:2:24

The prominent scholar Ibn Taymiyyah (d. 1328 CE) regarded Muhammad's command in the above hadith as applying to those who fought against the Muslims.

Muhammad also gave the verdict (fatwa) that a Muslim can not be killed for killing a non-Muslim.

Narrated Abu Juhaifa: I asked 'Ali "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Uyaina once said, "Apart from what the people have?" 'Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Quran and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever)."
Sahih Bukhari 9:83:50, See Also: Sahih Bukhari 1:3:111, and Sahih Bukhari 4:52:283

The majority of Muslim scholars held this view, while a minority (the Hanafi school of jurisprudence) believed that a Muslim can be killed if he kills a non-Muslim Dhimmi who is under the "protection" of the Islamic community.[11][12]

The lack of Qisas for killing a non-Muslim does not necessarily contradict the principle in Qur'an verse 5:32, and murder of both Muslims and non-Muslims is a punishable crime in predominantly Muslim countries around the world today. At the same time, the death penalty for apostasy still exists on the lawbooks of some of these countries.

Conclusion

In this instance, as in many others, it is the apologists, not the skeptics, who are misinterpreting verses and quoting them out of context. A simple reading of the verse and those that surround it makes this clear.[13]

In the Islamic world, those who propagate their non-Islamic faiths or publicly criticize Islam are often harassed, imprisoned and even executed by their communities or their governments, under laws against "spreading disorder [mischief] through the land" and apostasy.

If verse 5:32 means what some apologists claim it to mean, why are they so reluctant to quote the verse accurately and in context rather than presenting a misleading paraphrasing of what they wished the verse had said? Furthermore, why are moderates unable to silence fellow Muslims on an intellectual level by using that very verse?

They are unable to because their claim is false, and (as proven by the actions of many)[14] anyone who is familiar with the Qur'an already knows this.

See Also

Translations

  • A version of this page is also available in the following languages: Spanish. For additional languages, see the sidebar on the left.

External Links

Videos

References

  1. ↑ Jacob Bender, "Jewish-Muslim Dialogue and the Value of Peace", The American Muslim, July 19, 2007
  2. ↑ Arsalan Iftikhar, "Murder has no religion", CNN, November 9, 2009 (refutation to Arsalan Iftikhar's piece: Murder Has A Religion)
  3. ↑ "Islamophobia", Wisdom Today, June 8, 2009
  4. ↑ Andrew G. Bostom, "Keith Ellison's Taqiyya", American Thinker, March 13, 2011
  5. ↑ "TRANSCRIPT: Remarks of President Obama in Cairo", Fox News, June 4, 2009
  6. ↑ Tafsir Al-Jalalayn 5:27
  7. ↑ "Because of that which Cain did We decreed for the Children of Israel that whoever slays a soul..." - Tafsir Al-Jalalayn 5:32
  8. ↑ Talmud Sanhedrin 37a- "For this reason was man created alone, to teach thee that whosoever destroys a single soul of Israel, scripture imputes [guilt] to him as though he had destroyed a complete world; and whosoever preserves a single soul of Israel, scripture ascribes [merit] to him as though he had preserved a complete world." - It explains why Man was created only 1 (Adam), while animals were created in masses. [1]
  9. ↑ فَسَادٍ fasadin - Lane's Lexicon Book I page 2396
  10. ↑ "....Mujahid ibn Jabr, Abu al-Hajjaj al-Makhzumi is one of the major commentators of Qur'an among the Tâbi'în and of the highest rank in reliability among hadith narrators (thiqa)...." - Sh. G. F. Haddad - Mujahid (d. 102) - LivingIslam, April 4, 2000.
  11. ↑ "Killing a Muslim in punishment for killing a non-Muslim", Islamweb, Fatwa No.92261, August 1, 2006 (archived), http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=92261. 
  12. ↑ Fatawa: Killing a Muslim for a Non-Muslim - Islamic Science University of Malaysia, November 6, 2003
  13. ↑ See this related Tumblr post by the Artistic Atheist for an informative discussion concerning the context of verse 5:32 and verse 3:151 (the "cast terror into the hearts of the unbelievers" verse).
  14. ↑ For example, on the 20th of July, following the 7/7 terrorist attacks on London, Islamic cleric Omar Bakri Mohammed publicly stated "I condemn the killing of innocent people." only to be secretly recorded by an undercover reporter for the Sunday Times explaining two days later "Yes I condemn killing any innocent people, but not any kuffar."

    One of his followers, Islamic preacher Anjem Choudary, also explained in a BBC interview "when we [Muslims] say 'innocent people' we mean 'Muslims'. As far as non-Muslims are concerned, they have not accepted Islam. As far as we are concerned, that is a crime against God." Ref: Daniel Pipes - Can Infidels be Innocents? - Danielpipes.org, August 7, 2005
Retrieved from "http://wikiislamica.net/index.php?title=If_Anyone_Slays_a_Person_(Qur%27an_5:32)&oldid=119328"