This ten-verse passage discusses the most important issue of the Islamic€ faith and its codes of living and justice. The same issue was discussed in the two preceding sūrahs, the House of `Imrān and Women, but in this sūrah it involves a more direct and emphatic discussion. The subject is that of government, law and the administration of justice in matters of dispute. This is, indeed, a part of a more comprehensive issue, namely, faith and God’s oneness. The whole matter can be summed up in the answer to this question: Are judgement and litigation to be conducted in accordance with covenants made with God, pursuant to His law? The task of implementing this law has been accepted by the followers of all Divine faiths.

Moreover, is it a duty God has assigned to His messengers and those who succeed them in positions of authority? Or, will all that be subject to changing views and interests that are not based on a firm and constant foundation? In other words, do Godhead, lordship and authority in human life on earth belong to God, or do they belong, even partially, to any one of His creatures exercising the power to enact laws that are not endorsed by God?

God (limitless is He in His glory) says that He alone is the Godhead and He has no partners. His laws, enacted for His servants, mankind, and which they have pledged to Him to implement, must be the ones to enforce in this world. All disputes must be adjudicated by prophets and rulers on the basis of these laws.

God (glorified be He) says that no argument or concession can be admitted with regard to this principle nor can any deviation, however small, be condoned. Nor can anything approved in a particular generation or by a particular community be accepted if it is in conflict with what God has decreed.

God (limitless is He in His glory) says that this whole issue is one of faith or unfaith, Islam or non-Islam, Divine law or human prejudice. No compromise or reconciliation can be worked out between these two sets of values. Those who judge on the basis of the law God has revealed, enforcing all parts of it and substituting nothing else for it, are the believers. By contrast, those who do not make the law God has revealed the basis of their judgement are unbelievers, wrongdoers and transgressors. Rulers can either implement God’s law in total and, thus, they remain within the area of faith, or they may enforce some other law. In this latter case, all three descriptions of unbelief, wrongdoing and transgression apply to them. If people accept God’s rule and judgement, administered by rulers and judges, then they are believers. Otherwise, they are not. There is no middle way between the two, nor can any justification or claim of serving legitimate interests be admitted. God, the Lord of mankind, knows what serves people’s interests and He has enacted His laws for that very purpose. No law or system of government is superior to His. No servant of God may reject God’s law or claim to have better knowledge than God with regard to what serves people’s interests. If he makes such a claim, by word or deed, then he pronounces himself an unbeliever.

The wisdom and purpose behind Divine legislation may not appear in full to mankind in any particular generation. Furthermore, it is very difficult to give a full discussion of what we ourselves see of this wisdom. Therefore, we will only give brief hints.

God’s law represents a complete way of life, which regulates and directs all aspects of human life in whatever stage and shape it finds them. This way of life relies on an infallible and true knowledge of man and his needs, and of the universe in which man lives and the laws that control the universe and human existence. As such, it does not ignore any matter of importance to human life. It does not allow or give rise to any destructive conflict between the different types of human activity or between such activity and natural laws. The reverse is true: it establishes proper balance and fine harmony. These can never result from any man-made system, since man’s knowledge is confined to what is within human knowledge at a particular time. Any system which man devises must reflect human ignorance and lead to some conflict between different aspects of human activity. This will inevitably lead to violent shake-ups.

The Islamic system sets absolute justice as its goal. For one thing, it is God alone who knows how and by what means absolute justice can be established. For another, God is the Lord of all and He can establish justice between all. The system He lays down and the law He promulgates are free of prejudice, imbalance, extremism or ignorance. This cannot be said of any system or law which man devises, since man is influenced by his own prejudices, caprice and desire, and his vision is hampered by his imperfect knowledge. This applies to all human laws, whether they are enacted by an individual, a class, a nation or a generation. In no situation can man be free of his prejudices and desires and in none can he have perfect knowledge or a comprehensive, profound and perfect insight, not even in a single case for which a law is required.

Moreover, the Islamic system is in perfect harmony with the laws which govern the universe, because it is devised by the Creator of both the universe and man.

When the Creator legislates for man, He treats him as an agent in this universe who has control over certain elements made subservient to him by the will of His Lord, on condition that he follows His guidance and learns the nature of these elements and the laws regulating them. This produces harmony between man and the universe in which he lives. The law which regulates human life acquires, then, a universal aspect to enable man to deal with all living things and objects in the whole universe on the basis of this law. Let us not forget in this context that man cannot break away from this universe. It is inevitable that he will have to deal with it on the basis of a proper and sound system.

Furthermore, the Islamic system is the only one which liberates man from subjugation by others. In all other systems, some people are subservient to others, and some look up to others. Only under the Islamic system do all people share the same position of being servants of God alone.

Messenger, be not grieved by those who plunge headlong into unbelief such as those who say with their mouths, “We believe”, while their hearts do not believe. Among the Jews are some who eagerly listen to falsehood, eagerly listen to other people who have not come to you. They tamper with words out of their context, and say, “If such-and- such [a precept] is given you, accept it; but if you are not given it, then be on your guard.” If God wants to put anyone to test, you shall not be able to avail him anything against God. Such are the ones whose hearts God is not willing to purify. They will have disgrace in this world, and awesome suffering in the life to come. They eagerly listen to falsehood and greedily devour what is unlawful. Hence, if they come to you (for judgement), you may either judge between them or decline to interfere. If you decline, they cannot harm you in any way. But if you do judge, then judge between them with fairness. God loves those who deal justly. But how is it that they ask you for judgement when they have the Torah which contains God’s judgement, and they still turn away? For certain, they are not true believers. (Verses 41-43)

It is apparently clear that these verses were revealed in the early years after the Prophet’s settlement in Madinah where the Jews were part of its community. This means that they were revealed sometime before the attack on Madinah by the confederate tribes, and before severe punishment was inflicted on the Jewish tribe of Qurayżah, or even much earlier. Most probably they were revealed when the two Jewish tribes of al-Nađīr and Qaynuqā` were still in Madinah. The first of these two tribes were evacuated from Madinah after the Battle of Uĥud in the third year of the Islamic calendar and the Qaynuqā were evacuated even before that. In that early period, the Jews concocted many of their tricks and manoeuvres, and the hypocrites received much support from them. Both groups plunged headlong into disbelief, even though the hypocrites might have claimed by word of mouth that they were believers. Their actions grieved the Prophet and caused him much distress.

God (limitless is He in His glory) consoles His Messenger (peace be upon him) and comforts him. He exposes to the Muslim community the truth about those who plunge headlong into disbelief, as did some of the Jews and the hypocrites. He directs His Messenger to the line of action he should adopt with them when they come to him for arbitration, after explaining to the Prophet what plots they have concocted before coming to him: “Messenger, be not grieved by those who plunge headlong into unbelief such as those who say with their mouths, `We believe’, while their hearts do not believe. Among the Jews are some who eagerly listen to falsehood, eagerly listen to other people who have not come to you. They tamper with words out of their context, and say, If such-and-such (a precept] is given you, accept it; but if you are not given it, then be on your guard.” (Verse 41)

Some reports suggest that these verses speak of a group of Jews who committed certain sins including adultery and theft, which carry specific punishments outlined in the Torah. The Jews, however, at least in the first place, had established different punishments, because they did not want to enforce the provisions of the Torah on those of them who were in power. They later wanted to waive these punishments of the Torah in all cases. They replaced them with other punishments, as has been done by those who claim to be Muslims these days. When some of them committed these sins at the time of the Prophet, they thought to seek his judgement. If he judged according to the lesser punishments, which they had legislated, they would enforce them and justify their action to God by saying that they had enforced the verdict of His Messenger. If he judged that they should be punished according to the Torah, they would refuse his judgement. They, thus, sent some of their people to seek his ruling. This, then, explains their statement, “If such-and-such la precept] is given you, accept it; but if you are not given it, then be on your guard.” (Verse 41)

The fact that the Prophet was given this choice with regard to those Jews who came to him for judgement further supports our view that this was in the early period after the Prophet’s settlement in Madinah. Later on, judgement according to Islamic law was compulsory, because the land of Islam does not enforce any law other than that of God. All people living there must refer their disputes to this law.

This, however, does not contradict the Islamic rule which applies to people of earlier revelations living side by side with the Muslim community in the land of Islam. This principle makes only such laws as are endorsed by their faith or that relate to the general social order applicable to them. Permissible to them is what their religions permit them, such as owning and eating pork, the possession and drinking of intoxicants, but without their selling these Muslims. But they are forbidden all usurious transactions because these are also forbidden in their religions. The punishments prescribed for adultery and theft are applicable to them, because they are stated in their Scriptures. Also enforceable are the punishments prescribed for rebellion against the legitimate authority, and for spreading corruption in the land.

Such enforcement is necessary to guarantee the safety and security of the land of Islam and all its inhabitants, Muslims and non-Muslims alike. Such punishments cannot be waived in respect of anyone of those living in the land of Islam.

During that period in which the Prophet had the choice whether to judge between them or to ignore them, they used to come with some of their disputes to God’s Messenger (peace be upon him). An example of this is reported by `Abdullāh ibn `Umar: “Some Jews came to God’s Messenger (peace be upon him) and told him that a Jewish man and a Jewish woman committed adultery. The Prophet asked them:

‘What does the Torah say about stoning adulterers?’ They said: ‘We publicise their crime and punish them by flogging.’ `Abdullāh ibn Sallām (a Jewish rabbi who had embraced Islam) said, ‘This is a lie. The Torah prescribes stoning.’ They brought the Torah and opened it up. One of them put his hand over the verse that mentioned stoning and read the preceding and the following verses. `Abdullāh ibn Sallām told him to lift his hand off. When he did, the relevant verse on the death punishment by stoning was there. They said, ‘He (meaning `Abdullāh ibn Sallām) has told the truth.

It specifies death by stoning.’ The Prophet gave his orders for the two adulterers to be stoned to death. I saw the man bending over the woman to shelter her from the stones.” (Related by al-Bukhārī and Muslim.)

Another example is given in a ĥadīth related by Imām Ahmad on the authority of `Abdullāh ibn `Abbās, the Prophet’s learned cousin, who says: “These verses were revealed in connection with two groups of Jews, one of which had triumphed over the others in pre-Islamic days. They later worked out a reconciliation agreement which stated that every victim of the defeated tribe killed by the victorious one would be compensated with blood money equal to fifty measures of agricultural produce, while every victim of the victorious tribe killed by the defeated one would have one hundred measures of agricultural produce as blood money. They operated this system until the Prophet (peace be upon him) migrated to Madinah. It so happened then that the defeated tribe killed a man of the victorious one. The latter sent them a message to prepare the full amount of blood money agreed, which was one hundred measures of agricultural produce. The defeated tribe said: ‘How is it that two tribes belonging to the same faith, having the same ancestry and living in the same land, have two tariffs of blood money with one tariff being double the other? We had agreed to this measure of injustice you had imposed on us because we feared you. Now that Muĥammad has arrived in Madinah, we will not give you that.’ War was about to flare up between the two tribes, before they agreed to refer the matter to God’s Messenger for arbitration. The victorious tribe then reflected on this matter. Some of them said: ‘Muĥammad will never give you twice the blood money you are prepared to give them. They indeed have told the truth when they said that they agreed to this as a matter of injustice imposed by us on them. Let us, then, sound out Muĥammad, to determine whether he will give us a favourable judgement. If so, we will refer the matter to him. If not, we will have been forewarned.’ They sent to the Prophet some of their hypocrite friends to sound him out. God informed His Messenger of the whole affair and revealed to him the passage starting with “Messenger, be not grieved by those who plunge headlong into unbelief such as those who say with their mouths, ‘We believe’, while their hearts do not believe. Among the Jews are some who eagerly listen to falsehood, eagerly listen to other people who have not come to you. They tamper with words out of their context, and say, If such-and-such la precept] is given you, accept it; but if you are not given it, then be on your guard’“ (Verse 41) (Related by Abū Dāwūd) Another version of this report names the victorious tribe as the al-Nađīr and the defeated one as the Qurayżah. This again supports our view that these verses were revealed in the early days of the Madinah period before these Jewish tribes were evacuated.

Such is God’s verdict in relation to ordinary people who refuse to accept judgement in accordance with God’s law. These have been described as unbelievers.

Beginning with this verse, the sūrah speaks of rulers who do not judge in accordance with God’s revelations. As we are soon to realise such judgements are endorsed by all religions revealed by God. The first reference is to the Torah: “Indeed, it is We who revealed the Torah, containing guidance and light. By it did the prophets, who had surrendered themselves to God, judge among the Jews, and so did the divines and the rabbis:

[they gave judgement] in accordance with what had been entrusted to their care of God’s Book and to which they themselves were witnesses. So, have no fear of men but fear Me; and do not barter away My revelations for a paltry price. Those who do not judge in accordance with what God has revealed are indeed unbelievers. We decreed for them in it: a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and a similar retribution for wounds. But for him who forgoes it out of charity, it will atone for some of his sins. Those who do not judge in accordance with what God has revealed are indeed wrongdoers.” (Verses 44- 45)

Every religion revealed by God has been meant as a way of life. It has been so devised as to assume the leadership of human life and to organise, direct and protect it. No religion has been revealed by God only to be a set of personal, moral values or a set of rituals that are offered in a temple or a mosque. Necessary as both are for human life, and vital as they are in refining human conscience, they are not sufficient on their own to reorganise, direct and protect human life. They must provide the basis for a complete way of life and a code of law which are implemented and enforced. Any offence against them must be accounted for and punished, if necessary.

Human life cannot be properly organised unless it derives its faith, rituals, way of life and code of law from a single source which can exercise authority over consciences and behaviour alike. It must be able to administer reward and punishment according to its law in this life, and reward people in accordance with its own system of reckoning in the life to come.

Multiplicity of authority and source will only bring about results that are highly undesirable. If God’s authority over consciences and rituals is recognised, but not over the law of the land, when reward in the Hereafter is according to God’s law, but in this life it is subject to a different authority, then man is torn between two authorities moving in opposite directions. This leads to the total corruption of human life, as clearly and repeatedly mentioned in the Qur’ān: “Had there been in heaven or on earth any deities other than God, they both would have fallen into ruin.” (21: 22) “If the truth were to follow their caprice, the heavens and the earth and all those who live in them would have fallen into ruin.” () “We have set you on a way by which he purpose [of faith] may be fulfilled. Follow it, then, and do not follow the vain desires of those who are devoid of knowledge.” ()

God also knows that some of those who are charged with the safekeeping and implementation of God’s law may find worldly temptations too strong to resist. As they realise that people with power or money and those who seek all types of pleasure oppose God’s legislation, they may flatter them in order to gain something of the riches and pleasures of this world. Professional clerics in all generations have yielded to such temptation, as did some Jewish rabbis. God addresses all those, saying to them: “Do not barter away My revelations for a paltry price.” (Verse 44) That is the price they may get in return for their silence or for their distortion of God’s revelations or for issuing doubtful rulings. Indeed, every price offered is paltry, even if it includes all that is in this world. How could it be described otherwise when it is no more than a position, a salary, a title and a petty interest for which faith is bartered away and Hell is purchased?

Nothing is more wicked than treachery by a person who is in a position of trust and nothing is more vile than the distortion of facts by a witness. Those who are given the title “religious men” do commit such treachery and distortion. They remain idle when they are called upon to work for the implementation of God’s revelation and they lift words out of their context in order to please those in power at the expense of God’s revelation.

In a most decisive and definitive statement, God tells us: “Those who do not judge in accordance with what God has revealed are indeed unbelievers.” (Verse 44) The generality of this statement makes it absolutely unrestricted to time or place. The ruling is definitive and applicable to everyone who does not judge according to God’s revelations, regardless of where and in which period he lives.

The reason is the one we have already explained. A person whose judgement is at variance with God’s revelations denies that Godhead belongs to God alone. A basic quality of Godhead is the authority to legislate as also His sovereignty. Whoever observes something other than God’s revelations in his judgement not only rejects a particular aspect of Godhead but also claims for himself certain qualities of Godhead.

If that is not unbelief, I wonder what is. For what use is a verbal claim of being a believer or submitting to God, when action denies such a claim?

Any argument about this definitive and decisive ruling is no more than an attempt to avoid facing the reality. To try to give this ruling a different interpretation is simply an attempt to lift words out of their context. Such arguments change nothing of God’s clear and definitive judgement.

Having explained this basic rule in all Divine faiths, the sūrah gives some examples of the law contained in the Torah which God revealed so that on its basis, prophets, divines, and rabbis might judge among the Jews: “We decreed for them in it:

a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and a similar retribution for wounds.” (Verse 45)

Such encouragement to show benevolence to forgive in the hope of being forgiven one’s own sins by God may appeal to many a person to whom blood money or retaliation may be poor compensation for past losses. A next of kin may reflect on what benefit he may draw from having the killer executed, or what blood money would be for him. Neither will bring back the person who has been slain. It is true, however, that these punishments are the maximum that can be enforced in order to establish justice and to safeguard the community. But there remain certain feelings which cannot heal unless they look to God for compensation.

Imām Ahmad relates that “a man from the Quraysh broke the tooth of a man from the Anşār. The latter complained to Mu`āwiyah, (the overall ruler of the Islamic state). Mu`āwiyah said that he would satisfy him, (i.e. he was offering financial compensation). The Anşārī man insisted on retaliation. Mu`āwiyah said: ‘You may have your retaliation. Abū al-Dardā’, one of the Prophet’s Companions who was present said, `I heard God’s Messenger [peace be upon him] say: Any Muslim who suffers a physical injury and forgoes retaliation out of charity will be raised by God to a higher rank or will have some of his sins atoned.’ The Anşārī man said, `I forgive him.’” This is a typical case of readiness to forgive in the hope of receiving reward from God. Financial compensation had no similar appeal to the injured man. This gives us an idea of how effective God’s law is, since it is based on a perfect knowledge of human nature, what motivates and satisfies people, as well as the type of legislation that gives people a feeling of peace and security.

Having explained this part of the law of the Torah, which has been incorporated into Qur’ānic law, the sūrah gives a general rule: “those who do not judge in accordance with what God has revealed are indeed wrongdoers.” (Verse 45) This is again a general rule worded in a most general mode. The description used here for those who refuse to judge in line with God’s revelations is that they are wrongdoers. This, however, does not mean that this is a different case from the preceding one in which the same people are described as unbelievers. It is only an additional description of anyone who does not judge on the basis of God’s revelations. He is first a disbeliever, since he does not acknowledge God’s covenant and that He is the only one who has the authority to legislate. Since such a person claims such an authority for himself, he actually claims a property of Godhead. Such a claim makes him an unbeliever.

Moreover, he does wrong when he forces people to accept a law different from that laid down by their Lord, which ensures a better life for them. He also wrongs himself by putting himself in a position that incurs the punishment meted out to unbelievers.

He wrongs his community by exposing its life to corruption.

The fact that both qualities apply to “those who do not judge in accordance with what God has revealed” is necessitated by the fact that the subject in both sentences use the same wording. Hence, both parts in the two statements are applicable.

Having spoken about earlier Divine messages and laws, the surah now speaks of the final message which embodies Islam in its final a complete form. It is the religion revealed for all mankind, giving a law which supersedes all preceding laws and forms the final arbiter in all affairs and disputes. It outlines a way of life which regulates all aspects of all human activities and gives a basis for the formulation of a concept of faith, a social system and a code for personal and social behaviour. None of this is given as an academic exercise. It must be implemented in full. Nothing of it may be substituted by something else. People either accept this and be true Muslims, or refuse it and follow ignorance and vain desires. No one may justify any deviation by claiming that he is uniting people by being flexible in matters of religion. Had God so willed, He would have made all mankind a single community. What tie He wants of us is to implement His law and let people decide on how they want to conduct their lives.

And to you We have revealed the Book, setting forth the truth, confirming the Scriptures which had already been revealed before it and superseding them. Judge, then, between them in accordance with what God has revealed and do not follow their vain desires, forsaking thereby the truth that has come to you. To every one of you We have given a code of law and a way of life. Had God so willed, He could have made you all one community; but (it is His wish) to test you by means of that which He has bestowed on you. Vie, then, with one another in doing good works. To God you shall all return. He will then make you understand all that over which you now differ.

Hence, judge between them in accordance with what God has revealed, and do not follow their vain desires and beware of them lest they tempt you away from any part of what God has revealed to you. If they turn away, then know that it is God’s will to afflict them for some of their sins. Indeed, a great many people are transgressors.) Do they desire to be ruled by the law of pagan ignorance? But for those who are firm in their faith, who can be a better law-giver than God? (Verses 48-50)

This is a definitive statement, expressed in the clearest of terms. It takes extreme care to forestall any temptation to abandon even a small part of this law, regardless of the circumstances. When one reflects on this, one is bound to wonder how a person who claims to be a Muslim can abandon God’s law in its totality, justifying his action by force of circumstance. How can he find it in himself to continue to claim that he is a Muslim after so doing? How can people call themselves Muslims when they have refused to acknowledge God’s Godhead, turned their backs on God’s law and denied its suitability for all situations! “And to you, We have revealed the Book, setting forth the truth.” (Verse 48) Since it is revealed by God, the only One who has the authority to enact laws, then it certainly sets forth the truth. Everything that it contains of matters of faith, law, directives and stories are true.

It is a false notion to try to unite people at the expense of God’s law. Moreover, the attempt is bound to fail. The price asked is too high, since any modification of God’s law will lead to corruption on earth, injustice and the subservience of some people to others. This is, indeed, a great evil. If no compromise of God’s law is admissible for pursuing the noble purpose of uniting people, how can it be justified for something which is more petty. Some of those who claim to be Muslims argue that God’s law should not be implemented so that we do not lose the tourist trade! Absurdity knows no limit! Hence, judge between them in accordance with what God has revealed, and do not follow their vain desires and beware of them lest they tempt you away from any part of what God has revealed to you. If they turn away, then know that it is God’s will to afflict them for some of their sins. Indeed, a great many people are transgressors.

(Verse 49) Do they desire to be ruled by the law of pagan ignorance? But for those who are firm in their faith, who can be a better law giver than God? (Verse 50)

Again, this principle is stated with greater clarity. In the first statement, the Prophet is instructed in these words: “Judge, then, between them in accordance with what God has revealed, and do not follow their vain desires, forsaking thereby the truth that has come to you.” (Verse 48) This statement may be construed as meaning abandoning God’s law in total and following their vain desires in preference to it. In the second part, the Prophet is warned against compromising even a portion of what has been revealed to him: “Judge between them in accordance with what God has revealed, and do not follow their vain desires and beware of them lest they tempt you away from any part of what God has revealed to you.” (Verse 49) The warning here is more precise, stricter and stronger. It also states the matter in its true nature. It is a temptation which must be resisted. The choice is either to implement God’s law in full, or to follow vain desires.

At that time, they had the choice whether to refer their disputes to God’s law, a choice which was later abrogated in the land of Islam. God’s law has to be implemented except in those areas where the followers of other religions have specific provisions. These they are allowed to implement. As this was the case, the Prophet is told not to worry about them if they do not like his commitment to every detail of God’s law or if they turn away from Islam: “If they turn away, then know that it is God’s will to afflict them for some of their sins. Indeed, a great many people are transgressors.” (Verse 49) Do not worry about them if they turn away. Do not let their attitude weaken your resolve to implement God’s law in full. It is they who will suffer as a result of their turning away because God will then afflict them with their sins. Neither the Prophet, nor the Muslim community, nor indeed God’s law will come to any harm as a result of their turning away. Moreover, it is in human nature that many people will transgress. The Prophet is told that he has no say in this state of affairs. Nor is it the fault of God’s law. It is they who will not follow the right path.