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If Anyone Slays a Person (Qur'an 5:32) (view source)
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[[File:Quran 5-32.png|290px|right|thumb]] | [[File:Quran 5-32.png|290px|right|thumb]] | ||
{{Quran|5|32}} states that [[Allah]] "decreed upon the Children of Israel that whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he had slain mankind entirely" (a concept lifted from the Jewish Talmud). This verse is one of the evidences often cited by [[dawah|duaah]] in the wake of terrorist attacks and massacres as proof that the Qur'an forbids such senseless slaughter. [[Qur'an,_Hadith_and_Scholars:Offensive_Jihad#Islamic_law_regarding_non-combatants|There is consensus]] in Islamic law against the killing of non-combatant women and children and such acts are widely condemned by traditional scholars, though sometimes this particular verse is misquoted as though all killing is forbidden, or the context of the entire passage is left out. The classical view relates the caveats and punishments in this passage mainly to public safety (including against terrorism in modern jurisprudence), though these verses have also had implications for dissidents who do not want to abide by the strictures of [[Shari'ah (Islamic Law)]]. | |||
Michael Pregill notes the common ecumenical usage of verse 32 in popular discourse, then observes "But reading the convergence of Mishnah and Qur'an as a specimen of pre-modern ecumenism is clearly anachronistic if we conflate it with or project it onto the historical milieu that the Qur'an was revealed to address. Rather, given the overarching thrust of the surah, we must conclude that the rabbinic precursor has been deliberately appropriated and its major themes strategically reconstrued to propel a more strident, if not openly militant, message."<ref name="Pregill2021">Pregill, Michael. ''The Two Sons of Adam: Rabinnic resonances and scriptural virtuosity in surat al-Ma'idah.'' Journal of the International Quranic Studies Association. 6 (2021): 167-224 (see pp. 205-207)</ref> | Academic scholar Michael Pregill notes the common ecumenical usage of verse 32 in popular discourse, then observes "But reading the convergence of Mishnah and Qur'an as a specimen of pre-modern ecumenism is clearly anachronistic if we conflate it with or project it onto the historical milieu that the Qur'an was revealed to address. Rather, given the overarching thrust of the surah, we must conclude that the rabbinic precursor has been deliberately appropriated and its major themes strategically reconstrued to propel a more strident, if not openly militant, message."<ref name="Pregill2021">Pregill, Michael. ''The Two Sons of Adam: Rabinnic resonances and scriptural virtuosity in surat al-Ma'idah.'' Journal of the International Quranic Studies Association. 6 (2021): 167-224 (see pp. 205-207)</ref> | ||
==Introduction== | ==Introduction== | ||
Many websites<ref>Jacob Bender, [http://www.theamericanmuslim.org/tam.php/features/print/jewish_muslim_dialogue_and_the_value_of_peace/ "Jewish-Muslim Dialogue and the Value of Peace]", The American Muslim, July 19, 2007</ref><ref>Arsalan Iftikhar, [http://edition.cnn.com/2009/OPINION/11/09/iftikhar.fort.hood/index.html "Murder has no religion"], CNN, November 9, 2009 (refutation to Arsalan Iftikhar's piece: Murder Has A Religion)</ref> | Many websites<ref>Jacob Bender, [http://www.theamericanmuslim.org/tam.php/features/print/jewish_muslim_dialogue_and_the_value_of_peace/ "Jewish-Muslim Dialogue and the Value of Peace]", The American Muslim, July 19, 2007</ref><ref>Arsalan Iftikhar, [http://edition.cnn.com/2009/OPINION/11/09/iftikhar.fort.hood/index.html "Murder has no religion"], CNN, November 9, 2009 (refutation to Arsalan Iftikhar's piece: Murder Has A Religion)</ref>, public figures<ref>[http://www.foxnews.com/politics/2009/06/04/transcript-remarks-president-obama-cairo/ "TRANSCRIPT: Remarks of President Obama in Cairo"], Fox News, June 4, 2009</ref>, and [[Dawah|duaah]] claim that the following verse appears in the Qur'an, and that it denounces all killing and equates the slaying of one human life to that of genocide against the entirety of mankind. | ||
{{Quote|Qur'an|“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.”}} | {{Quote|Qur'an|“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.”}} | ||
However, this verse, as above quoted, | However, this verse, as above quoted, is a paraphrase which omits certain caveats. | ||
===Qur'an 5:32=== | ===Qur'an 5:32=== | ||
The actual verse reads as follows: | |||
{{Quote|{{Quran|5|32}}|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.}} | {{Quote|{{Quran|5|32}}|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.}} | ||
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The preceding verses 5:27-31 talk about the biblical 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 mistakenly referencing a human [[Parallels_Between_the_Qur'an_and_Late_Antique_Judeo-Christian_Literature#Whoever_kills_a_soul_it_is_as_if_he_has_slain_mankind|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 biblical 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 mistakenly referencing a human [[Parallels_Between_the_Qur'an_and_Late_Antique_Judeo-Christian_Literature#Whoever_kills_a_soul_it_is_as_if_he_has_slain_mankind|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 in the mixed-faith community now watched over by Muhammad (apparent in the subsequent verses of the same surah which deal with legal issues and Muhammad's role when Jews ask him to judge their matters) | The next two verses explain how the principle should be applied in the mixed-faith community now watched over by Muhammad (this is apparent in the subsequent verses of the same surah which deal with legal issues and Muhammad's role when Jews ask him to judge their matters). Those next verses elaborate on the caveat about those who cause ''fasād'' (mischief/corruption), which appears both in verse 32 and verse 33 and was an Arabic word defined in dictionaries as corruption, unrighteousness, disorder, disturbance.<ref>فَسَادٍ fasādin - [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.}} | ||
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===Scope of the principle=== | ===Scope of the principle=== | ||
The principle in verse 5:32 seems to refer to the killing and saving of not just believers, but any person ('nafsan' نفسا, which means a soul) who is not excluded by the exceptions. | The principle in verse 5:32 seems to refer to the killing and saving of not just believers, but any person ('nafsan' نفسا, which means a soul) who is not excluded by the exceptions. The prominent classical scholar Ibn Kathir in his [[Tafsir|Qur'anic exegesis]] records evidence of two views, with some hadith 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]]): | 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]]): | ||
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In his academic article on the topic, Michael Pregill argues that fasād here and in verse 32 is being invoked against the Jews and that in Medinan passages, the scope of the word expands beyond the unfaithful peoples of the past to now being strongly associated with the Jews as a proximate threat to Muhammad and the community.<ref name="Pregill2021" /> | In his academic article on the topic, Michael Pregill argues that fasād here and in verse 32 is being invoked against the Jews and that in Medinan passages, the scope of the word expands beyond the unfaithful peoples of the past to now being strongly associated with the Jews as a proximate threat to Muhammad and the community.<ref name="Pregill2021" /> | ||
Traditionally, | Traditionally, two main groups are identified as the target in hadiths and tafsirs (Quranic commentaries). A hadith graded hasan (good) by al-Albani in Sunan Abu Dawud identifies the target of verse 33 as polytheists, stating that they are not protected by the exemption for repentance before arrest mentioned in verse 34: | ||
{{quote | {{Abu Dawud||4372|darussalam}} | Narrated Abdullah ibn Abbas: | {{quote | {{Abu Dawud||4372|darussalam}} | Narrated Abdullah ibn Abbas: | ||
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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. }} | 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. }} | ||
The | The other main hadith tradition relates these verses to an incident of robbery and murder by people from the tribe of 'Uraniyyun or 'Ukil. 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 as a result of the incident in this tradition: | ||
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 | |||
{{Quote|{{Bukhari|||233|darussalam}}|Narrated Abu Qilaba: | {{Quote|{{Bukhari|||233|darussalam}}|Narrated Abu Qilaba: | ||
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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."}} | ||
In al- | In one of the earliest tafsirs, al-Tabari in his commentary for Q. 5:32-33 relates the punishments to the crime of ''ḥirābah'', or highway robbery. He defines fasād in both verses as including causing fear on the believers, obstructing their way, robbing their property unlawfully and outrage on their chastity and dignity.<ref name="Hirabah" /> | ||
{{Quote|1=[http://www. | Ibn Kathir in his tafsir for these verses extends al-Tabari's interpretation, defining fasād as theft, robbery, murder, apostasy, polytheism, causing terror, zinā and, money manipulation. | ||
{{Quote|1=[http://www.qtafsir.com/index.php?option=com_content&task=view&id=786&Itemid=60 Tafsir Ibn Kathir on verse 5:33]|2=(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. [...]}} | |||
Ibn Kathir also defines fasād in another context in his commentary for {{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.}} | ||
Quite similar to Ibn Kathir's commentary, Tafsir al-Jalalayn says the following in relation to Q. 5:32. | |||
{{Quote|1=[http://www. | {{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.}} | ||
Tafsir al-Jalalayn relates verse 33 to the 'Uraniyyun hadith incident quoted above, including some legal opinions regarding the punishments from Shafi'i (founder of one of the four major Sunni legal schools): | |||
{{Quote|1=[http://altafsir.com/Tafasir.asp?tMadhNo= | {{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.}} | ||
The broader definitions found in some major classical tafsirs seem to be based on the characteristics of the Uraniyyun hadith incident quoted above, including the apostasy of the murderers/robbers as well as rape in some narrations of the incident.<ref name="Hirabah" /> | |||
{{ | Modernist Islamic scholars on the other hand argue that verses such as {{Quran|5|64}} in the same surah link corruption (fasād) in the land with warfare, {{Quran-range|7|85|86}} links it with ambushes, while {{Quran|8|73}} and {{Quran-range|89|11|12}} links it with oppression. | ||
===Quran 5:33 punishments in Islamic jurisprudence=== | |||
The punishments listed in Q. 5:33 are among the ''Hudud'' punishments whose authority is derived from the Quran or sahih hadiths, and were interpreted by jurists as applying only to the crime of hirabah. Much like in the tafsirs, this was generally defined by Jurists as an armed group commiting robbery and fear on the highways. The Shafi'i and Hanbali schools extended this to include the same crime taking place in the desert, while for the Maliki school, fasād (mischief/corruption) was the essence of Hirabah and not clearly defined in the verses. They viewed it as including rape, burglary, and the use of intoxicants or deceit to lure those of immature and incapable minds. The various alternative punishments listed in the verse were to be meted out by the authorities in public, depending on whether the case is one of killing, theft, both, or the threat thereof. Jurists from the legal schools differed on the details.<ref name="Hirabah">Asri, Muhammad & Ruslan, Md. (2020). [https://www.researchgate.net/publication/352929159_THE_CRIME_OF_HIRABAH_APPROACH_JUSTIFICATION_AND_SIGNIFICANCE THE CRIME OF HIRABAH: APPROACH, JUSTIFICATION AND SIGNIFICANCE]. Jurnal Syariah. 28. 383-416. 10.22452/js.vol28no3.3.</ref> | |||
Modern Islamic scholars have generally followed the non-Maliki classical opinions, relating the verse to the crime of Hirabah as highway/armed robbery, and sometimes expanding it to include modern terrorism, while Islamists such as Abul A'la Maududi and Sayyid Qubt viewed Hirabah more widely as going against a Muslim ruler who rules in accordance with Sharia in the Islamic state.<ref name="Hirabah" /> | |||
=== | ===Views on Qisas (equal punishment) for killing a non-Believer=== | ||
According to sahih hadith, Muhammad said the life of a non-Muslim is not sacred: | According to sahih hadith, Muhammad said the life of a non-Muslim is not sacred: | ||
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==Today== | ==Today== | ||
In the Islamic world, those who propagate their non-Islamic faiths or [[free Speech|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 [[Islam and Apostasy|apostasy]]. | Hirabah and the Quranic punishments in 5:33 feature in the legislation of a number of Islamic countries around the word, generally defined in terms of armed threats to public safety and property or rape on public roads and out of town.<ref name="Hirabah" /> In the Islamic world, those who propagate their non-Islamic faiths or [[free Speech|publicly criticize Islam]] are often harassed, imprisoned and even executed by their communities or their governments, under laws against "spreading disorder [fasād, mischief] through the land" and [[Islam and Apostasy|apostasy]]. | ||
==See Also== | ==See Also== | ||