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PAS : KE ARAH PEMERINTAHAN ISLAM YANG ADIL
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Sura 5. Al-Maida Section 6 (Y. Ali Translation)
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38. As to the thief male or female cut off his or her hands: a punishment
by way of example from Allah for their crime: and Allah is Exalted in Power.
39. But if the thief repent after his crime and amend his conduct Allah
turneth to him in forgiveness; for Allah is Oft-Forgiving Most Merciful.
40. Knowest thou not that to Allah (alone) belongeth the dominion of the
heavens and the earth? He punisheth whom He pleaseth and He forgiveth whom
He pleaseth: and Allah hath power over all things.
41. O Apostle! let not those grieve thee who race each other into unbelief:
(whether it be) among those who say: "We believe" with their lips but whose
hearts have no faith; or it be among the Jews men who will listen to any
lie will listen even to others who have never so much as come to thee.
They change the words from their (right) times and places; they say "If ye
are given this take it but if not beware:" If anyone's trial is intended by
Allah thou hast no authority in the least for him against Allah. For such
it is not Allah's will to purify their hearts. For them there is disgrace
in this world and in the Hereafter a heavy punishment.
42. (They are fond of) listening to falsehood of devouring anything
forbidden. If they do come to thee either judge between them or decline to
interfere. If thou decline they cannot hurt thee in the least. If thou
judge judge in equity between them; for Allah loveth those who judge in
equity.
43. But why do they come to thee for decision when they have (their own)
laws before them? Therein is the (plain) command of Allah; yet even after
that they would turn away. For they are not (really) people of faith.
44. It was We who revealed the law (to Moses); therein was guidance and
light. By its standard have been judged the Jews by the Prophet who bowed
(as in Islam) to Allah's will by the Rabbis and the doctors of Law: for to
them was entrusted the protection of Allah's Book and they were witnesses
thereto: therefore fear not men but fear Me and sell not My Signs for a
miserable price. If any do fail to judge by (the light of) what Allah hath
revealed they are (no better than) unbelievers.
45. We ordained therein for them: "Life for life eye for eye nose for nose
ear for ear tooth for tooth and wounds equal for equal." But if anyone
remits the retaliation by way of charity it is an act of atonement for
himself. And if any fail to judge by (the light of) what Allah hath
revealed they are (no better than) wrong-doers.
46. And in their footsteps We sent Jesus the son of Mary confirming the law
that had come before him: We sent him the Gospel: therein was guidance and
light and confirmation of the law that had come before him: a guidance and
an admonition to those who fear Allah.
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Sura 5. Al-Maida Section 6 (Y. Ali Commentary)
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38: c. 742. Here we touch upon jurisprudence. The Canon Law jurists are not
unanimous as to the value of the property stolen, which would involve the
penalty of the cutting off of the hand. The majority hold that petty thefts
are exempt from this punishment. The general opinion is that only one hand
should be cut off for the first theft, on the principle that "if thy hand
or thy foot offend thee, cut them off, and cast them from thee" (Matt.
xviii. 8). Apparently in the age of Jesus thieves were crucified (Matt.
xxvii. 38).
39: No commentary available.
40: c. 743. Punishment really does not belong to mortals, but to Allah
alone. Only, in order to keep civil society together, and protect innocent
people from crime, certain principles are laid down on which people can
build up their criminal law. But we must always remember that Allah not
only punishes but forgives, and forgiveness is the attribute which is more
prominently placed before us. It is not our wisdom that can really define
the bounds of forgiveness or punishment, but His Will or Plan, which is the
true standard of righteousness and justice.
41: c. 744. Two classes of men are meant, viz., the Hypocrites and the
Jews. For both of them Al-Mustafa laboured earnestly and assiduously, and
it must have been a cause of great grief and disappointment to him that
some among them showed so much insincerity, cunning, and hardness of heart.
These are types not yet extinct.
c. 745. There were men among the Jews who were eager to catch up any lie
against the Prophet. They had their ears open even to tales from people who
had never so much as come near to the Prophet. If we understand "for"
instead of "to" before "others" (for the Arabic word would bear both
meanings), the sense will be: They are keen listeners or spies for any lies
they can catch; and they will act as spies for others (their Rabbis, etc.)
who are in the background but to whom they carry false tales.
c. 746. Cf. v. 13. The addition of the words min badi here suggests the
change of words from their right times as well as places. They did not deal
honestly with their Law, and misapplied it, by distorting the meaning. Or
it may be that as tale-bearers they distorted the meaning by
misrepresenting the context.
42: c. 747. Devouring anything forbidden: both in a literal and in a
figurative sense. In the figurative sense, it would be: the taking of usury
or bribes, or taking undue advantage of people's weak position or their own
fiduciary powers to add to their own wealth.
c. 748. Where it is merely a trick to catch out the unwary, a just man may
honourably decline to interfere in a cause submitted to him, as also in a
case where the parties are not honestly desirous of justice, but each hopes
that some partiality will be shown to it.
43: c. 749. This is a searching question as to the motive of the Jews in
bringing their cases for decision to the Prophet. They came either (1) to
ridicule whatever he said, or (2) to deceive him as to facts and snatch a
favourable decision which was against equity. If their own Law did not suit
their selfish interests, they sometimes twisted it. But Muhammad was always
inflexible in his justice.
44: c. 750. Guidance, with reference to conduct, light, with reference to
insight into the higher realms of the faith.
c. 751. Rabbani may, I think, be rightly translated by the Jewish title of
Rabbi for their learned men, Jewish learning is identified with Rabbinical
literature. Ahbar is the plural of hibr or habr, by which we may understand
Jewish Doctors of Law. Later the term was applied to those of other religions.
c. 752. They were living witnesses to the truth of Scripture, and could
testify that they had made it known to the people: Cf. ii. 143, and iv. 135.
c. 753. Two charges are made, against the Jews: (1) that even the books
which they had, they twisted in meaning, to suit their own purposes,
because they feared men rather than Allah: (2) that what they had was but
fragments of the original Law given to Moses, mixed up with a lot of
semi-historical and legendary matter, and some fine poetry. The Taurat
mentioned in the Qur-an is not the Old Testament as we have it: nor is it
even the Pentateuch (the first five books of the Old Testament, containing
the Law embedded in a great deal of semi-historical and legendary
narrative). See Appendix 11, on the Taurat (printed at the end of this Sura).
45: c. 754. The retaliation is prescribed in three places in the
Pentateuch, viz,. Exod. xxi, 23-25: Leviticus xxiv. 18-21, and Deut, xix.
21. The wording in the three quotations is different, but in none of them
is found the additional rider for mercy, as here. Note that in Matt. v. 38.
Jesus quotes the Old Law "eye for eye," etc,, and modifies it in the
direction of forgiveness, but the Quranic injunction is more practical.
Even where the injured one forgives, the State or Ruler is competent to
take such action as is necessary for the preservation of law and order in
Society. For crime has a bearing that goes beyond the interests of the
person injured: the Community is affected: see Q. v. 32.
c. 755. This is not part of the Mosaic Law, but the teaching of Jesus and
of Muhammad. Notice how the teaching of Jesus is gradually introduced as
leading up to the Qur-an.
c. 756. The seeming repetitions at the end of verses 47, 48 and 50 are not
real repetitions. The significant words in the three cases are:
Unbelievers, wrong-doers, and rebellious; and each fits the context. If the
Jews tamper with their books they are Unbelievers; if they give false
judgments, they are wrong-doers. If the Christians follow not their light,
they are rebellious.
46: c. 757. Guidance and light: see n. 750 above. For the meaning of the
Gospel (Injil), see Appendix III, "On the Injil", (printed at the end of
this Sura).
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