Can an individual take the Islamic law of retaliation [qisas] into their own hands?
Someone enquired of Hazrat Amirul Momineen, Khalifatul Masih Vaa, with reference to verse 179 of Surah al-Baqarah: “Is retribution [qisas] obligatory in Islam? And if the government and the law of the land do not take retribution for an ordinary person, does an ordinary person have the right to take retribution for their loved one themselves? Furthermore, the same verse states, ‘the female for the female’; what does this mean?
“Also, with reference to verse 252 of Surah al-Baqarah, I wish to ask whether Hazrat Dawudas and Talut are the same person, given that the commentaries state they lived in different eras?”
In his letter dated 3 June 2023, Huzoor-e-Anwaraa gave the following reply:
“Like secular laws, Islamic laws, too, are applied within a regulated framework. Therefore, where an Islamic government is established, the application of Islamic punishments will be carried out under the authority of the administration; no one has any authority whatsoever to punish a criminal on their own accord, because taking revenge unilaterally would create disorder [fasad] in the land and the floodgates of murder and mayhem would be opened.
“Where there is no Islamic government, laws for punishments still exist nonetheless. In countries where justice and equity prevail, the criminal is punished according to the law. Thus, if these laws are followed, such a situation does not arise and no one needs to take retribution themselves. Furthermore, it is also an injunction for a Muslim that they must abide by the laws of the country of which they are a citizen and settle their affairs within the bounds of the law.
“The translation of one part of verse 179 of Surah al-Baqarah is ‘the female for the female’. This means that if the murderer is a woman, retribution will be taken from that very same female murderer. In the footnote of the translation of this verse, Hazrat Musleh-e-Maudra, clarifying this verse, states:
“‘This means that if a free man kills someone, then regardless of whether the victim was a male slave or a female slave, or a free man or a free woman, retribution will be taken by killing that same murderer. Similarly, if a murderer is a slave, retribution will be taken from that same slave murderer and if the murderer is a woman, retribution will be taken from that same female murderer (whether she is free or a slave).’
(Tafsir-e-Saghir, p. 37, footnote 2)
“At the time of the martyrdom of Hazrat Umarra, his younger son, Ubaidullah ibn Umar, killed a Persian man named Hurmuzan on the basis of suspicion. When Hazrat Uthmanra became the Caliph, he had Ubaidullah ibn Umar arrested and handed him over to Hurmuzan’s son, Qumadhban, saying, ‘This is the killer of your father and you have a greater right over him than we do. So go and kill him.’ (Tarikh at-Tabari, Vol. 3, p. 305)
“This narration proves that retribution will be taken from the very person who committed the crime, whether they are a Muslim, a non-Muslim, a woman, a man, free or a slave. In this incident too, the killer was a Muslim and the victim was a non-Muslim and the head of the Islamic state, Hazrat Uthmanra, upon the crime being proven against this Muslim, handed him, the Muslim culprit, over to the son of the victim for the execution of the sentence.
“Clarifying Hazrat Uthman’sra act of handing over the killer to the victim’s son for punishment, Hazrat Musleh-e-Maudra further states:
“‘This narration proves that the practice of the Companions was also that they would sentence the Muslim killer of a non-Muslim to death. And it is also proven that regardless of the weapon with which a person is killed, they too will be killed. Similarly, it is also proven that it is the government that apprehends the killer and punishes them. This is because it is clear from this narration that it was Hazrat Uthmanra who arrested Ubaidullah ibn Umar and it was he who handed him over to Hurmuzan’s son for execution. No heir of Hurmuzan filed a case against him, nor did they arrest him.
“‘It also seems necessary to resolve the doubt here as to whether the killer should be handed over to the victim’s heirs for punishment, as Hazrat Uthmanra did, or whether the government itself should carry out the punishment. So, it should be remembered that this is a secondary matter and, therefore, Islam has left it to be acted upon according to the needs of every age. A nation may adopt whichever method it deems more beneficial according to its culture and circumstances and there is no doubt that both these methods are beneficial in specific situations.’”
(Tafsir-e-Kabir, Vol. 3, UK: 2023, p. 146)
Are David or Dawud (as) and Saul or Talut the same person in the Quranic narrative?
“The answer to your question about Hazrat Dawudas and Talut is that ‘Talut’ and ‘Jalut’ are both attributive names. ‘Talut’ means a tall and strong person and ‘Jalut’ refers to someone who spreads disorder in the land through banditry and acts against an organised government. Talut had passed away two hundred years before the time of Prophet Davidas, but because the attributes of Talut and the circumstances of his era bore a resemblance to the attributes of Prophet Davidas and the circumstances of his era. Similarly, Talut’s enemy, Jalut, bore a resemblance to the enemy of Prophet Davidas, Prophet Davidas was given the attributive name of Talut and his enemy was given the attributive name of Jalut. Due to a similarity in actions, the name of a former person is sometimes given to a person who comes later, just as a brave person is called a ‘Rustam’ and a person who excels in generosity is called a ‘Hatim Ta’i’. The Promised Messiahas also used the attributive names of David for himself and Goliath for his enemy in one of his couplets. Accordingly, he says:
اِک شجر ہوں جس کو داؤدی صفت کے پھل لگے
میں ہوا داؤد اور جالوت ہے میرا شکار
“I am a tree where David’s virtues grew; I rise as David and Goliath I subdue.”
“Hazrat Musleh-e-Maudra, in his explanation of verses 248 and 252 of Surah al-Baqarah, elaborating on this subject, states:
“‘By ‘Talut’ is meant Gideon and this is an attributive name derived from طَالَ, which means ‘he became tall and strong’. And ‘Gideon’ is derived from the Hebrew root [גָּדַע (gaḏaʿ)], meaning ‘to fell or to cut’ and ‘Gideon’ is a person who cuts down his opponent and fells him to the ground. In the Bible too, Gideon is called a mighty man of valour (see Judges 6:12). Thus, ‘Talut’ and ‘Gideon’ are synonymous words.’ (Tafsir-e-Saghir, p. 62, footnote 6)
“He further states:
“‘As we have explained above, the incident of Gideon is narrated in the preceding verses. Now, in these verses, Prophet Davidas is mentioned. The reason for this is that the incident of Prophet Davidas bears a great resemblance to the incident of Gideon. In Gideon’s time, the Philistines had attempted to expel Israel from Palestine. But that was an initial attempt, which came to an end in the time of Prophet Davidas. Therefore, this incident has been narrated alongside the other due to the similarity of the subject matter. Otherwise, the first is the incident of Gideon and this is the incident of Davidas and there is a gap of two hundred years between them.
“‘Now, one question remains to be resolved, which is that according to the Bible, Davidas killed Jalut [i.e., Goliath]. However, the Holy Quran has also mentioned Jalut in the incident of Gideon. In this regard, it should be remembered that ‘Jalut’ is also an attributive name, both from a Hebrew and an Arabic perspective. ‘Jalut’ is a person who roams the land causing disorder, that is, committing banditry and those who rise up against organised governments act in this manner. Thus, according to the meaning of the name, the enemy of Gideon has also been called ‘Jalut’ and the enemy of Davidas has also been called ‘Jalut’. And in both places, this name has been used attributively. The enemy of Gideon was also a marauding bandit who roamed the land, spreading disorder and could be called ‘Jalut’. Similarly, the enemy whom Prophet Davidas confronted to establish peace in the land was also a marauding mischief-maker and deserved to be called ‘Jalut’. Thus, the enemies of both have been called ‘Jalut’.’ (Tafsir-e-Saghir, p. 65, footnote 1)”
Will our knowledge increase in the afterlife according to Islam?
Someone from Pakistan wrote to Hazrat Amirul Momineen, Khalifatul Masih Vaa:
- In the next world, what will be the nature of our knowledge and will that knowledge increase?
- During the Hajj, why is there no purdah between men and women?
- It is mentioned in the Holy Quran that Prophet Abrahamas was made a leader for all; so, should we follow the creed or millah of Abraham and how?
- The incident of the two men and their gardens is mentioned in the Holy Quran, in which one was arrogant and his garden was destroyed. Do these refer to Christianity and Islam and is the garden of Christianity destined for destruction? And when will this happen?
In his letter dated 24 June 2023, Huzoor-e-Anwaraa gave the following reply:
“Regarding the next world, according to the guidance Allah the Exalted has given us, the knowledge of that realm will be spiritual and infinite. Just as the ranks and stations of Paradise will be limitless, so too will our knowledge continue to increase. Accordingly, the Promised Messiahas, mentioning the infinite nature of the Hereafter, states:
“‘The third subtle point of insight is that in the knowledge of the Hereafter, there will be limitless progress. Concerning this, Allah the Exalted says:
وَ الَّذِينَ آمَنُوا مَعَهُ نُورُهُمْ يَسْعَى بَيْنَ أَيْدِيهِمُ وَ بِأَيْمَانِهِمْ يَقُولُونَ رَبَّنَا أَتْمِمْ لَنَا نُورَنَا وَاغْفِرْلَنَا إِنَّكَ عَلَى كُلِّ شَيْءٍ قَدِيرٌ
“‘That is to say, the light of those who possess the light of faith in the world will, on the Day of Resurrection, run before them and on their right hands. They will constantly be supplicating, ‘O our Lord, bring our light to its perfection and envelop us in Your forgiveness; surely, You have power over all things.’ (Surah at-Tahrim, Ch.66: V.9)
“‘In this verse, the statement that they will constantly be saying, ‘bring our light to its perfection’, is an indication of limitless progress. This means that when they have attained one pinnacle of effulgence, they will perceive another, higher pinnacle. Viewing it, they will consider their current stage to be deficient and will supplicate for the attainment of the second pinnacle. And when they attain that, a third rank of perfection will be shown to them. Then, seeing it, they will deem their previous perfections to be as nothing and will desire it. It is this desire for progress that is understood from the word ‘اَتْمِمْ’ [‘Do Thou perfect’].
“‘In short, this chain of progress will continue indefinitely. There will never be any decline, nor will they ever be expelled from Paradise; rather, they will advance further forward every day and will not retreat.’ (Islami Usul Ki Falasafi, Ruhani Khazain, Vol. 10, pp. 412-413)
“Therefore, in the Hereafter, our knowledge will be based solely on spirituality and it will continue to increase in the same way that other righteous deeds and spiritual ranks will increase in that realm.
Are purdah (veiling) or hijab required during Hajj and ‘umrah?
“The answer to your question regarding the purdah of men and women during the Hajj is that purdah between men and women is indeed observed during Hajj. Who told you that it is not observed? Yes, it is correct that women perform the rites of Hajj with their faces uncovered. And keeping the face uncovered is permissible even in normal circumstances [on the condition that the veil frames the face by covering the hair and chin and the face itself is without any adornment that defeats the purpose of modesty]. The essential Islamic purdah is that when a woman goes out, she should wear such loose-fitting attire that her bodily contours are not prominent and her head and chest are covered. As for the rest, the spirit of purdah and modesty remains intact even during the Hajj and ‘umrah. Accordingly, it is mentioned in a hadith that during the Umayyad caliphate, when the governor of Mecca appointed by Hisham ibn ‘Abd al-Malik, Muhammad ibn Isma‘il ibn Hisham, forbade women from performing the circumambulation [tawaf] with men, ‘Ata’ ibn Abi Rabah said to him, ‘How can you stop them from this, when the wives of the Holy Prophetsa performed Hajj with the men?’ (Ibn Jurayj, who is a narrator of this tradition, says,) ‘I asked him (‘Ata’ ibn Abi Rabah), ‘Was this after the revelation of the verse of veiling or before it?’ ‘Ata’ replied, ‘By my life, I saw them after the revelation of the verse of veiling.’’ Jurayj asked, ‘How would they manage to perform Hajj alongside the men?’ ‘Ata’ replied, ‘They would not intermingle with the men at all. Hazrat Aishara would perform the tawaf aloof from the men and would not mix with them. A woman said to Hazrat Aishara, ‘O Mother of the Believers, let us go and kiss the Black Stone [al-Hajar al-Aswad].’ Hazrat Aishara replied, ‘You go’, and refused to go into the crowd of men herself. The wives of the Prophetsa would go out at night in such a way that they would not be recognised and would perform the tawaf with the men in such a manner that when they wished to enter the Ka‘bah, they would stand outside until the men had exited and only then would they enter.’’ (Sahih al-Bukhari, Kitab al-hajj, Bab tawafi n-nisa’i ma‘a r-rijal)
“Therefore, during the Hajj and ‘umrah as well, both men and women should perform these rites while keeping the spirit of modesty in view and the intermingling of men and women during this time was also not approved of. That is why, in the condition that the Sharia initially placed on a woman having an unmarriageable male relative [mahram] with her during Hajj and ‘umrah, one wisdom seems to be that on the occasion of Hajj and ‘umrah, when there is a very large crowd, the woman’s mahram can hold her hand and keep her protected from other people in the crowd.”
How do Muslims follow the creed (millah) of Prophet Abraham (as)?
“The answer to your next question is that Prophet Abrahamas, who is the Father of the Prophets [Abu ’l-Anbiya’], whose loyalty to Allah the Exalted (Surah an-Najm, Ch.53: V.38) and whose status as a devout monotheist are particularly mentioned in the Holy Quran (Surah Al-e-‘Imran, Ch.3: V.96), whom God called His friend (Surah an-Nisa’, Ch.4: V.126), whose life was declared an excellent model for believers (Surah al-Mumtahanah, Ch.60: V.5) and as a result of whose prayer Allah the Exalted first sent successive Prophets for the guidance and welfare of the Children of Israel and then raised our lord and master, the Most Holy Prophet, Hazrat Muhammad al-Mustafasa, among the Children of Ishmaelas as the Seal of the Prophets [Khatam an-Nabiyyinsa] (Surah al-Baqarah, Ch.2: V.130) – on account of all these qualities, Allah the Exalted also bestowed upon him the title of an Imam (Surah al-Baqarah, Ch.2: V.125) and commanded the following of his creed [millah] (Surah an-Nahl, Ch.16: V.124). His millah, in reality, consists of the Prophets born in his lineage and the believers who follow his teachings, whose following has been commanded.
“Furthermore, by Hazrat Ibrahimas of such extraordinary qualities, as are mentioned in the Holy Quran, is also meant our lord and master, the Most Holy Prophet, Hazrat Muhammad al-Mustafasa, who came to this world as a spiritual manifestation [buruz] of Hazrat Ibrahimas and whom Allah the Exalted sent for the guidance of all mankind and commanded all human beings to follow. The Promised Messiahas, explaining the reality of the doctrine of buruz, states:
“‘The esteemed Sufis believe that the nature, disposition and morals of a person who has passed away can manifest in another. In their terminology, they say that such-and-such a person is in the footsteps of Adam or in the footsteps of Noah. Some also call this buruz [i.e., a spiritual manifestation]. Their doctrine is that for every age there is a buruz. For instance, the buruz of Abel [Habil] was Sethas and this was the first buruz.
“‘Habal’ means ‘to mourn’; God conferred this buruz upon Sethas. This chain then continued uninterrupted until the buruz of Prophet Abrahamas was the Holy Prophetsa. It is for this reason that the words ‘عَلَى مِلَّةِ إِبْرَاهِيمَ حَنِيفًا’ [‘Upon the way of Abraham, who was ever inclined to God.’ (Sunan Abi Dawud, Kitab ad-dihaya, Bab ma yustahabbu min ad-dahaya)] were stated. Herein lies the secret. After two or two-and-a-half thousand years, he appeared in the house of Abdullah. In short, the doctrine of buruz is an agreed-upon matter concerning spiritual advents.’ (Al Hakam, No. 15, Vol. 5, 24 April 1901; p. 1; Malfuzat, Vol. 1, 2022, p. 401)
“Therefore, following the Holy Prophetsa is, in fact, the following of the millah of Prophet Abrahamas. And when we follow his commands, we will be made heirs to all those rewards that God Almighty has promised to Prophet Abrahamas and the Holy Prophetsa.”
What is the meaning of the parable of the two gardens in the Quran?
“As for the parable of the gardens mentioned in the Holy Quran, it certainly refers to the religions of Islam and Christianity. The Christians, by abandoning spiritual teachings, adopted the transient glory and splendour of the world and, by abandoning the unity of God Almighty, gave the status of God to a weak human being, as a result of which they were spiritually destroyed. And in the world of religion, spiritual destruction is the only real destruction. Worldly goods and possessions are, in any case, transient and temporary things; therefore, if a religion becomes spiritually dead, its possession of these transient goods is not a sign of progress and success.”
(Compiled by Zaheer Ahmad Khan, Head of Records Department, Private Secretariat, London and translated by Al Hakam)