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Sura 4. An-Nisaa Section 12 (Y. Ali Translation)
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88.     Why should ye be divided into two parties about the hypocrites?  Allah
hath upset them for their (evil) deeds.  Would ye guide those whom Allah
hath thrown out of the way?  For those whom Allah hath thrown out of the
way never shalt thou find the way.
89.     They but wish that ye should reject faith as they do and thus be on the
same footing (as they): but take not friends from their ranks until they
flee in the way of Allah (from what is forbidden).  But if they turn
renegades seize them and slay them wherever ye find them; and (in any case)
take no friends or helpers from their ranks.
90.     Except those who join a group between whom and you there is a treaty
(of peace) or those who approach you with hearts restraining them from
fighting you as well as fighting their own people.  If Allah had pleased He
could have given them power over you and they would have fought you:
therefore if they withdraw from you but fight you not and (instead) send
you (guarantees of) peace then Allah hath opened no way for you (to war
against them).
91.     Others you will find that wish to gain your confidence as well as that
of their people: every time they are sent back to temptation they succumb
thereto: if they withdraw not from you nor give you (guarantees) of peace
besides restraining their hands seize them and slay them.  Wherever ye get
them: in their case We have provided you with a clear argument against them.

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Sura 4. An-Nisaa Section 12 (Y. Ali Commentary)
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88:     c. 606. When the desertion of the Hypocrites at Uhud nearly caused a
disaster to the Muslim cause there was great feeling among the Muslims of
Madinah against them. One party wanted to put them to the sword: another to
leave them alone. The actual policy pursued avoided both extremes, and was
determined by these verses. It was clear that they were a danger to the
Muslim community if they were admitted into its counsels, and in any case
they were a source of demoralisation. But while every caution was used, no
extreme measures were taken against them. On the contrary, they were given
a chance of making good. If they made a sacrifice for the cause ("flee from
what is forbidden," see next verse), their conduct purged their previous
cowardice, and their sincerity entitled them to be taken back. But if they
deserted the Muslim community again, they were treated as enemies, with the
additional penalty of desertion which is enforced by all nations actually
at war. Even so, a humane exception was made in the two cases specified in
iv. 90.
89:     c. 607. Flee: the verbal form which the noun hijrat is derived. Bukhari
interprets this rightly as fleeing from all that is forbidden. This would
include hijrat in the technical sense of leaving a place in which the
practice of religion is not allowed. But it is more general. In time of
war, if a man is willing to submit to discipline and refrain from
infringing orders issued, he has proved his fidelity and may be treated as
a member of the community at war. On the other hand if he by false
pretences comes into the inner counsels merely to betray them, he may
rightly be treated as a traitor or deserter and be punished for his treason
or desertion; or if he escapes, he can be treated as an enemy and is
entitied to no mercy. He is worse than an enemy: he has claimed to be of
you in order to spy on you, and been all the time helping the enemy.
90:     c. 608. Except: the exception refers to "seize them and slay them", the
death penalty for repeated desertion. Even after such desertion, exemption
is granted in two cases. One is where the deserter took asylum with a tribe
with whom there was a treaty of peace and amity. Presumably such a tribe
(even though outside the pale of Islam) might be trusted to keep the man
from fighting against the forces of Islam-in the modern phrase, to disarm
him and render him harmless. The second case for exemption is where the man
from his own heart desires never to take up arms against Islam, though he
does not wish to join the forces of Islam, to fight against a hostile tribe
(perhaps his own) fighting against Islam. But he must make a real approach,
giving guarantees of his sincerity. In the modern phrase he would be "on
parole". But this provision is much milder than that in modern military
codes, which grant the privilege only to enemy prisoners, not to those who
have deserted from the army granting them parole. The Hypocrites were in
that position, but humanity as well as policy treated them with great
leniency.
c. 608. Except: the exception refers to "seize them and slay them", the
death penalty for repeated desertion. Even after such desertion, exemption
is granted in two cases. One is where the deserter took asylum with a tribe
with whom there was a treaty of peace and amity. Presumably such a tribe
(even though outside the pale of Islam) might be trusted to keep the man
from fighting against the forces of Islam-in the modern phrase, to disarm
him and render him harmless. The second case for exemption is where the man
from his own heart desires never to take up arms against Islam, though he
does not wish to join the forces of Islam, to fight against a hostile tribe
(perhaps his own) fighting against Islam. But he must make a real approach,
giving guarantees of his sincerity. In the modern phrase he would be "on
parole". But this provision is much milder than that in modern military
codes, which grant the privilege only to enemy prisoners, not to those who
have deserted from the army granting them parole. The Hypocrites were in
that position, but humanity as well as policy treated them with great
leniency.
91:     c. 610. As opposed to the two classes of deserters to whom clemency may
be shown, there is a class which is treacherous and dangerous and cannot be
left alone. They try to win your confidence, and are all the time in the
confidence of the enemy. Every time they get a chance, they succumb to the
temptation of double-dealing. The best way of dealing with them is to treat
them as open enemies. Keep them not in your midst. If they give you
guarantees of peace and do not actually fight against you, well and good.
If not, they are deserters actively fighting in the ranks of the enemy.
They have openly given you proof, and you can fairly seize and slay them in
war as deserters and enemies.



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