Overview (Verses 41 - 42)
 
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.
 
This highly important and fundamental issue is discussed in this passage in definitive statements. In addition, the passage describes the attitude of the Jews in Madinah and their cooperation with hypocrites in scheming against the Muslim community. God’s Messenger is given advice on how to counter such scheming by the Jews, which began with the establishment of the Muslim state in Madinah.
 
In this passage, the sūrah states first that all religions revealed by God agree that His law must be implemented and should govern all human life. It is the acceptance of this condition that makes all the difference between faith and unfaith, Islam and other doctrines, Divine law and human caprice. This is clearly stated in the Torah revealed by God to provide guidance and light for mankind. “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. They have the Torah which contains God’s judgement. 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.” (Verses 43-45)
 
It is also endorsed by the Gospel God revealed to Jesus, son of Mary, which contains “guidance and light, confirming what had already been revealed before it in the Torah and giving guidance and admonition to the God-fearing.” (Verse 46) “Let, then, the followers of the Gospel judge in accordance with what God has revealed therein.” (Verses 46-47)
 
It is further endorsed by the Qur’ān which God revealed to Muĥammad, His last Messenger, “setting forth the truth, confirming the Scriptures which had already been revealed before it and superseding them.” (Verse 48) Muĥammad is instructed by God to “judge 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)
 
The ultimate verdict is thus pronounced: “Those who do not judge in accordance with what God has revealed are indeed unbelievers. Those who do not judge in accordance with what God has revealed are indeed wrongdoers. Those who do not judge in accordance with what God has revealed are indeed 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 44-50) In this way, the borders of faith and conditions of submission to God are clearly defined for both rulers and ruled. The criterion for rulers is to judge in accordance with what God has revealed, and for people to accept such a judgement and not to prefer anything else to it.
 
Stated in these terms, the issue is very serious indeed. Let us, therefore, try to identify the reasons for taking matters so seriously either in this particular passage or in the Qur’ān as a whole.
 
The first consideration is the fact that this whole matter is one of Godhead, Lordship and authority over mankind. These belong to God alone, who has no partners. Hence, it is a question of faith and submission to God or rejection and unfaith. This basic fact is explained throughout the Qur’ān.
 
God is the Creator of both the universe and man. He has made everything in the heavens and on earth subservient to man. Moreover, He is the only Creator. No one else creates anything in the universe. God is also the owner of the universe. To Him belongs the kingdom of the heavens and the earth and all that is in between. No one else owns anything in the universe. God is also the provider, and no one can provide anything for himself or for others. As He is the Creator, the owner and the provider, God has all authority over the universe and man. He, indeed, has the absolute power to do whatever He wishes.
 
To be a believer is to acknowledge that all these attributes belong solely and purely to God alone. To believe in Islam is to submit to the practical implications of these attributes. This is submission to God’s law, which means, first and foremost, to acknowledge His Godhead, Lordship and authority. Refusal of God’s law or the adoption of a different law in any small detail of human life is in effect a rejection of God’s Godhead, Lordship and authority. Submission and rejection can be made by word of mouth or by deed. Hence, the whole issue is, as we have already explained, one of faith or unfaith, Islam or ignorance. Hence, the unequivocal statements made in this passage of the sūrah: “Those who do not judge in accordance with what God has revealed are indeed unbelievers ... wrongdoers ... transgressors.” (Verses 44, 45 and 47)
 
The other consideration in this whole issue is the fact that God’s law is inevitably and absolutely better for mankind than any manmade law. It is to this fact that the final verse in this passage refers: “But for those who are firm in their faith, who can be a better law giver than God?” (Verse 50)
 
This total acknowledgement of the preferability of God’s law in all stages and generations is also a part of the whole issue of faith or unfaith. No person can claim that the law enacted by a human being is better or equal to God’s law at any stage of human life and claim at the same time that he is a believer or that he belongs to Muslims. By making such a claim, he is indeed claiming that he has better knowledge and superior wisdom than God in understanding mankind and conducting their affairs. Or he claims that certain conditions and needs have come up in human life and God (limitless is He in His glory) was unaware of them when He enacted His law, or was aware of them but did not provide for them in His law. Such a claim cannot be reconciled with that of faith and submission to God, no matter how insistently it is made.
 
The Superiority of Islamic Legislation
 
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.
 
As we have explained, the most fundamental aspect of Godhead is legislation. When someone enacts legislation for a human community, he claims for himself the position of Godhead. People in that community become his servants instead of being God’s servants. By giving the authority to legislate to God alone, Islam declares the liberation of mankind, or indeed, the rebirth of man. For man does not come into real existence unless he is liberated from subservience to another man and unless all human beings stand on an equal footing in front of the Lord of mankind.
 
This question which is fully discussed in the present passage is the top and most important question of faith. It is the question of Godhood and servitude, justice, freedom, equality and proper existence.
 
The state of darkness, as used in an Islamic context, does not refer to a particular period of history. Rather, it refers to a particular condition, which may be present in any period of time. In essence, it signifies making law and legislation subject to human desires, not to the Divine system. It is immaterial whether these desires are those of an individual, a class, a nation or a generation. They remain human desires.
 
An individual may enact laws for a certain community and the result is that the community lives in darkness because his desire or his opinion becomes the law. A class may legislate for the rest of the community and the result is darkness enshrouding its whole life because the interests of that class become law, or let us say, the opinion of the parliamentary majority become law. The representatives of all classes and all sectors in the nation may legislate for themselves, and the result is the same darkness engulfing the whole of life, because the desires of human beings and their imperfect knowledge become law, since people cannot be without prejudices and cannot acquire perfect knowledge. Or it may be the people’s view that is the law. And a group of nations may legislate for mankind, but the result is still the same, because the national goals of those nations, or indeed the views of the international community become law. In each one of these situations, the difference is only in words.
 
But when the Creator of individuals, communities, nations and generations, legislates for all, the result is a Divine law which does not favour an individual, a community, a nation or a generation at the expense of others. God is the Lord of all and He treats them all equally. He knows the nature and the interests of all and He makes His law serve all their interests and meet all their needs in absolute justice. When anyone other than God legislates for mankind, people become subservient, be that person an individual, a class, a nation or the international community. But when God legislates for mankind, they are all free and equal. They bow in front of no one whatsoever and they submit to God alone. This explains how serious this question of legislation in human life and in the life of the universe is. “Should the truth be subservient to their desires, the heavens and the earth and all those who are in them will become corrupted.” (23: 71) A judgement according to laws other than that revealed by God means evil, corruption and turning away from faith, as the Qur’ān itself says.
 
Playing Games with Divine Judgement
 
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)
 
They had indeed gone that far in playing games with God’s law and in being dishonest in their dealings with God and His Messenger (peace be upon him). This is a stage which can be reached by any people who, having received Divine revelation, have long ignored their duties. In such a situation hearts are hardened and the light of faith is stifled. Evasion of the laws and duties of their faith becomes the goal for which means are sought and rulings and justifications are found. Does this not apply 1 today to those who claim to be Muslims and who “say with their mouths, ‘We believe’, while their hearts do not believe.” (Verse 41) Do they not seek rulings to evade their religious duties, rather than carry them out? Do they not occasionally try to pay lip service to religion so that it may approve and endorse their desires? If religion insists on the word of the truth and the ruling of justice, they have no need for it: They 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) The two situations are identical. Perhaps God has given us such an account of the history of the Children of Israel, so that future generations may be forewarned of the slips that lie along their way.
 
God (glorified be He) says to His Messenger with regard to those who rush into disbelief and those conspirators who engage in such schemes that he should not be grieved by such people’s actions. They seek to create confusion and they will fall victim to it, while he [i.e. God’s Messenger] himself has no say in the matter and cannot help them through their test when they have brought confusion upon themselves: “If God wants to put anyone to test, you shall not be able to avail him anything against God.” (Verse 41) Such people have sunk their hearts into impurity, so God is unwilling to purify them: “Such are the ones whose hearts God is not willing to purify.” (Verse 41) He will cause them to suffer ignominy in this life and grievous suffering in the Hereafter: “They will have disgrace in this world, and awesome suffering in the life to come.” (Verse 41) He tells the Prophet not to worry about them, and not to be grieved by their disbelief. Their fate is sealed.
 
The sūrah goes on to give us further details of their situation and how far they have sunk into moral corruption, prior to giving guidance to the Prophet on how to deal with them: “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 do judge, then judge between them with fairness. God loves those who deal justly.” (Verse 42)
 
Their listening to falsehood is repeated again, to suggest that this has become an established habit of theirs. They are pleased to listen to falsehood, and they are annoyed when they hear the voice of truth. This applies to all deviant hearts, corrupt souls and communities. To them, falsehood carries much appeal and the truth appears too hard. In these miserable days, falsehood sells like hot cakes, while the word of truth has no buyers.
 
Those people do not only listen to falsehood, but they greedily devour what is unlawful, prominent among which are usury, bribes and the price of false rulings and false testimony. Again, this evil quality spreads in all communities that deviate from God’s law. The term the Qur’ān uses here for “unlawful” also connotes lack of blessings. Indeed, blessings are the first thing to be obliterated in deviant communities, as we see with our own eyes nowadays.
 
God has given the Prophet the choice whether to judge between them or to turn away from them, if they ask him for judgement. If he chooses not to pay any attention to them, they can harm him in no way. But if he chooses to judge between them then his must be a fair judgement, unaffected by their prejudices or their rushing into disbelief or by their plots and schemes: “God loves those who deal justly.” (Verse 42)
 
God’s Messenger (peace be upon him), Muslim rulers and judges deal directly with God in such matters and exert their efforts to establish justice in order to serve God because God loves those who deal justly. If people commit injustice or perjury or deviate from the truth, justice continues to carry its superior status. Fair judgement is not passed in order to please people but to please God. This is, indeed, the most effective guarantee provided by Islamic law everywhere and in all times.