5:49 Al-Maaida (The Table)

{ وَأَنِ احْكُم بَيْنَهُم بِمَا أَنْزَلَ اللَّهُ ْ} هذه الآية هي التي قيل: إنها ناسخة لقوله: { فَاحْكُم بَيْنَهُمْ أَوْ أَعْرِضْ عَنْهُمْ ْ} والصحيح: أنها ليست بناسخة، وأن تلك الآية تدل على أنه صلى الله عليه وسلم مخير بين الحكم بينهم وبين عدمه، وذلك لعدم قصدهم بالتحاكم للحق. وهذه الآية تدل على أنه إذا حكم، فإنه يحكم بينهم بما أنزل الله من الكتاب والسنة، وهو القسط الذي تقدم أن الله قال: { وَإِنْ حَكَمْتَ فَاحْكُم بَيْنَهُم بِالْقِسْطِ ْ} ودل هذا على بيان القسط، وأن مادته هو ما شرعه الله من الأحكام، فإنها المشتملة على غاية العدل والقسط، وما خالف ذلك فهو جور وظلم. { وَلَا تَتَّبِعْ أَهْوَاءَهُمْ ْ} كرر النهي عن اتباع أهوائهم لشدة التحذير منها. ولأن ذلك في مقام الحكم والفتوى، وهو أوسع، وهذا في مقام الحكم وحده، وكلاهما يلزم فيه أن لا يتبع أهواءهم المخالفة للحق، ولهذا قال: { وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَا أَنزَلَ اللَّهُ إِلَيْكَ ْ} أي: إياك والاغترار بهم، وأن يفتنوك فيصدوك عن بعض ما أنزل [الله] إليك، فصار اتباع أهوائهم سببا موصلا إلى ترك الحق الواجب، والفرض اتباعه. { فَإِن تَوَلَّوْا ْ} عن اتباعك واتباع الحق { فَاعْلَمْ ْ} أن ذلك عقوبة عليهم وأن الله يريد { أَن يُصِيبَهُم بِبَعْضِ ذُنُوبِهِمْ ْ} فإن للذنوب عقوبات عاجلة وآجلة، ومن أعظم العقوبات أن يبتلى العبد ويزين له ترك اتباع الرسول، وذلك لفسقه. { وَإِنَّ كَثِيرًا مِّنَ النَّاسِ لَفَاسِقُونَ ْ} أي: طبيعتهم الفسق والخروج عن طاعة الله واتباع رسوله.

وقوله" وأن أحكم بينهم بما أنزل الله ولا تتبع أهواءهم " تأكيد لما تقدم من الأمر بذلك النهي عن خلافه ثم قال" واحذرهم أن يفتنوك عن بعض ما أنزل الله إليك " أي واحذر أعداءك اليهود أن يدلسوا عليك الحق فيما ينهونه إليك من الأمور فلا تغتر بهم فإنهم كذبه كفرة خونه" فإن تولوا " أي عما تحكم به بينهم من الحق وخالفوا شرع الله فاعلم أنما يريد الله أن يصيبهم ببعض ذنوبهم أي فاعلم أن ذلك كائن عن قدرة الله وحكمته فيهم أن يصرفهم عن الهدى لما لهم من الذنوب السالفة التي اقتضت إضلالهم ونكالهم " وإن كثيرا من الناس لفاسقون " أي إن أكثر الناس خارجون عن طاعة ربهم مخالفون للحق ناكبون عنه كما قال تعالى " وما أكثر الناس ولو حرصت بمؤمنين " وقال تعالى " وإن تطع أكثر من في الأرض يضلوك عن سبيل الله " الآية وقال محمد بن إسحق حدثني محمد بن أبي محمد مولى زيد بن ثابت حدثني سعيد بن جبير أو عكرمة عن ابن عباس قال: قال كعب بن أسد وابن صلوبا وعبد الله بن صوريا وشاس بن قيس بعضهم لبعض اذهبوا بنا إلى محمد لعلنا نفتنه عن دينه فأتوه فقالوا: يا محمد إنك قد عرفت أنا أحبار يهود وأشرافهم وساداتهم وأنا إن اتبعناك اتبعنا يهود ولم يخالفونا لأن بيننا وبين قومنا خصومة فنحاكمهم إليك فتقضي لنا عليهم ونؤمن ونصدقك فأبى ذلك رسول الله - صلى الله عليه وسلم- فأنزل الله عز وجل فيهم" وأن احكم بينهم بما أنزل الله ولا تتبع أهواءهم وأحذرهم أن يفتنوك عن بعض ما أنزل الله إليك " إلى قوله" لقوم يوقنون " رواه ابن جرير وابن أبي حاتم.

Praising the Qur'an; the Command to Refer to the Qur'an for Judgment

Allah mentioned the Tawrah that He sent down to His Prophet Musa, the one whom He spoke directly to, praising it, commanding that it should be implemented, before it was abrogated. Allah then mentioned the Injil, praised it and commanded its people to adhere to it and follow it, as we stated. He next mentioned the Glorious Qur'an that He sent down to His honorable servant and Messenger. Allah said,

وَأَنزَلْنَآ إِلَيْكَ الْكِتَـبَ بِالْحَقِّ

(And We have sent down to you the Book in truth...) meaning, with the truth that, no doubt, is coming from Allah,

مُصَدِّقاً لِّمَا بَيْنَ يَدَيْهِ مِنَ الْكِتَـبِ

(confirming the Scripture that came before it) meaning, the Divinely Revealed Books that praised the Qur'an and mentioned that it would be sent down from Allah to His servant and Messenger Muhammad . The Qur'an was revealed as was foretold in the previous Scriptures. This fact increased faith in the previous Scriptures for the sincere who have knowledge of these Scriptures, those who adhered to Allah's commands and Laws and believed in His Messengers. Allah said,

قُلْ ءَامِنُواْ بِهِ أَوْ لاَ تُؤْمِنُواْ إِنَّ الَّذِينَ أُوتُواْ الْعِلْمَ مِن قَبْلِهِ إِذَا يُتْلَى عَلَيْهِمْ يَخِرُّونَ لِلاٌّذْقَانِ سُجَّدًا - وَيَقُولُونَ سُبْحَانَ رَبِّنَآ إِن كَانَ وَعْدُ رَبِّنَا لَمَفْعُولاً

(Say: "Believe in it or do not believe (in it). Verily, those who were given knowledge before it, when it is recited to them, fall down on their faces in humble prostration." And they say: "Glory be to our Lord! Truly, the promise of our Lord must be fulfilled.") meaning that they say, the promise of our Lord, concerning the coming of Muhammad by the words of His previous Messengers, will certainly be fulfilled. Allah's statement,

وَمُهَيْمِناً عَلَيْهِ

(and Muhayminan over it) means entrusted over it, according to Sufyan Ath-Thawri who narrated it from Abu Ishaq from At-Tamimi from Ibn `Abbas. `Ali bin Abi Talhah reported that Ibn `Abbas said, "Muhaymin is, `the Trustworthy'. Allah says that the Qur'an is trustworthy over every Divine Book that preceded it." This was reported from `Ikrimah, Sa`id bin Jubayr, Mujahid, Muhammad bin Ka`b, `Atiyyah, Al-Hasan, Qatadah, `Ata' Al-Khurasani, As-Suddi and Ibn Zayd. Ibn Jarir said, "The Qur'an is trustworthy over the Books that preceded it. Therefore, whatever in these previous Books conforms to the Qur'an is true, and whatever disagrees with the Qur'an is false." Al-Walibi said that Ibn `Abbas said that Muhayminan means, `Witness'. Mujahid, Qatadah and As-Suddi said the same. Al-`Awfi said that Ibn `Abbas said that Muhayminan means, `dominant over the previous Scriptures'. These meanings are similar, as the word Muhaymin includes them all. Consequently, the Qur'an is trustworthy, a witness, and dominant over every Scripture that preceded it. This Glorious Book, which Allah revealed as the Last and Final Book, is the most encompassing, glorious and perfect Book of all times. The Qur'an includes all the good aspects of previous Scriptures and even more, which no previous Scripture ever contained. This is why Allah made it trustworthy, a witness and dominant over all Scriptures. Allah promised that He will protect the Qur'an and swore by His Most Honorable Self,

إِنَّا نَحْنُ نَزَّلْنَا الذِّكْرَ وَإِنَّا لَهُ لَحَـفِظُونَ

(Verily, We, it is We Who have sent down the Dhikr and surely, We will guard it (from corruption).) Allah said,

فَاحْكُم بَيْنَهُم بِمَآ أَنزَلَ اللَّهُ

(So judge between them by what Allah has revealed.) The Ayah commands: O Muhammad! Rule between the people, Arabs and non-Arabs, lettered and unlettered, by what Allah has revealed to you in this Glorious Book and what it approves of for you from the Law of the previous Prophets, as Ibn Jarir said. Ibn Abi Hatim reported that Ibn `Abbas said, "The Prophet had the choice to judge between them or to turn away from them and refer them to their own Law. Then this Ayah was revealed,

وَأَنِ احْكُم بَيْنَهُمْ بِمَآ أَنزَلَ اللَّهُ وَلاَ تَتَّبِعْ أَهْوَآءَهُمْ

(So judge between them by what Allah has revealed, and follow not their vain desires. ..) and he was commanded to judge between them by our Book.". Allah's statement

وَلاَ تَتَّبِعْ أَهْوَآءَهُمْ

(and follow not their vain desires...) This means the ideas they promote, because of which they turned away from what Allah revealed to His Messengers. This is why Allah said,

وَلاَ تَتَّبِعْ أَهْوَآءَهُمْ عَمَّا جَآءَكَ مِنَ الْحَقِّ

(And follow not their vain desires, diverging away from the truth that has come to you.) The Ayah commands: Do not diverge from the truth that Allah has ordained for you, to the vain desires of these miserable, ignorant people. Allah's statement,

لِكُلٍّ جَعَلْنَا مِنكُمْ شِرْعَةً وَمِنْهَـجاً

(To each among you, We have prescribed a law and a clear way.)

لِكُلٍّ جَعَلْنَا مِنكُمْ شِرْعَةً

(To each among you, We have prescribed a law) Shir`at meaning, a clear path, as Ibn Abi Hatim recorded from Ibn `Abbas.

وَلَوْ شَآءَ اللَّهُ لَجَعَلَكُمْ أُمَّةً وَحِدَةً

(If Allah willed, He would have made you one nation.) This is a general proclamation to all nations informing them of Allah's mighty ability. If Allah wills, He would make all mankind follow one religion and one Law, that would never be abrogated. Allah decided that every Prophet would have his own distinct law that is later abrogated partially or totally with the law of a latter Prophet. Later on, all previous laws were abrogated by the Law that Allah sent with Muhammad , His servant and Messenger, whom Allah sent to the people of earth as the Final Prophet. Allah said,

وَلَوْ شَآءَ اللَّهُ لَجَعَلَكُمْ أُمَّةً وَحِدَةً وَلَـكِن لِّيَبْلُوَكُمْ فِى مَآ ءَاتَـكُم

(If Allah willed, He would have made you one nation, but that (He) may test you in what He has given you.) This Ayah means, Allah has instituted different laws to test His servants' obedience to what He legislates for them, thus, He rewards or punishes them according to their actions and what they intend. `Abdullah bin Kathir said that the Ayah,

فِى مَآ ءَاتَـكُم

(In what He has given you.) means, of the Book. Next, Allah encouraged rushing to perform good deeds,

فَاسْتَبِقُواْ الْخَيْرَتِ

(so strive as in a race in good deeds.) which are obedience to Allah, following His Law that abrogated the laws that came before it, and believing in His Book, the Qur'an, which is the Final Book that He revealed. Allah said next,

إِلَى الله مَرْجِعُكُمْ

(The return of you (all) is to Allah;) Therefore, O people, your return and final destination is to Allah on the Day of Resurrection,

فَيُنَبِّئُكُم بِمَا كُنتُمْ فِيهِ تَخْتَلِفُونَ

(then He will inform you about that in which you used to differ.) Allah will inform you about the truth in which you used to differ and will reward the sincere, as compensation for their sincerity, and will punish the disbelieving, rebellious people who rejected the truth and deviated from it to other paths, without proof or evidence to justify their actions. Rather, they have rejected the clear evidences, unequivocal proofs and established signs. Ad-Dahhak said that,

فَاسْتَبِقُواْ الْخَيْرَتِ

(So strive as in a race in good deeds.)is directed at the Ummah of Muhammad , but the first view is more apparent. Allah's statement,

وَأَنِ احْكُم بَيْنَهُمْ بِمَآ أَنزَلَ اللَّهُ وَلاَ تَتَّبِعْ أَهْوَآءَهُمْ

(And so judge between them by what Allah has revealed and follow not their vain desires,) emphasizes this command and forbids ignoring it. Allah said next,

وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَآ أَنزَلَ اللَّهُ إِلَيْكَ

(but beware of them lest they turn you far away from some of that which Allah has sent down to you. ) meaning; beware of the Jews, your enemies, lest they distort the truth for you in what they convey to you. Therefore, do not be deceived by them, for they are liars, treacherous and disbelievers.

فَإِن تَوَلَّوْاْ

(And if they turn away,) from the judgement that you pass in their disputes, and they defy Allah's Law,

فَاعْلَمْ أَنَّمَا يُرِيدُ اللَّهُ أَن يُصِيبَهُم بِبَعْضِ ذُنُوبِهِمْ

(then know that Allah's will is to punish them for some sins of theirs.) meaning, know that this will occur according to the decree of Allah, and because out of His wisdom they have deviated from the truth, and because of their previous sins.

وَإِنَّ كَثِيراً مِّنَ النَّاسِ لَفَـسِقُونَ

(And truly, most men are rebellious.) Therefore, the majority of humans are disobedient to their Lord, defiant of the truth and deviate away from it. Allah said in other Ayat,

وَمَآ أَكْثَرُ النَّاسِ وَلَوْ حَرَصْتَ بِمُؤْمِنِينَ

(And most people will not believe even if you desire it eagerly,) and,

وَإِن تُطِعْ أَكْثَرَ مَن فِى الاٌّرْضِ يُضِلُّوكَ عَن سَبِيلِ اللَّهِ

(And if you obey most of those on the earth they will mislead you far away from Allah's path.) Muhammad bin Ishaq reported that Ibn `Abbas said, "Ka`b bin Asad, Ibn Saluba, `Abdullah bin Surya and Shas bin Qays said to each other, `Let us go to Muhammad to try and misguide him from his religion.' So they went to the Prophet and said, `O Muhammad! You know that we are the scholars, noblemen and chiefs of the Jews. If we follow you, the Jews will follow suit and will not contradict us. But, there is enmity between us and some of our people, so we will refer to you for judgement in this matter, and you should rule in our favor against them and we will believe in you.' The Messenger of Allah ﷺ refused the offer and Allah sent down these Ayat about them,

وَأَنِ احْكُم بَيْنَهُمْ بِمَآ أَنزَلَ اللَّهُ وَلاَ تَتَّبِعْ أَهْوَآءَهُمْ وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَآ أَنزَلَ اللَّهُ إِلَيْكَ

(And so judge between them by what Allah has revealed and follow not their vain desires, but beware of them lest they turn you far away from some of that which Allah has sent down to you.) until,

لِقَوْمٍ يُوقِنُونَ

(for a people who have firm faith.)" Ibn Jarir and Ibn Abi Hatim recorded this Hadith. Allah continues,

أَفَحُكْمَ الْجَـهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْماً لِّقَوْمٍ يُوقِنُونَ

(Do they then seek the judgement of (the days of) ignorance And who is better in judgement than Allah for a people who have firm faith) Allah criticizes those who ignore Allah's commandments, which include every type of righteous good thing and prohibit every type of evil, but they refer instead to opinions, desires and customs that people themselves invented, all of which have no basis in Allah's religion. During the time of Jahiliyyah, the people used to abide by the misguidance and ignorance that they invented by sheer opinion and lusts. The Tatar (Mongols) abided by the law that they inherited from their king Genghis Khan who wrote Al-Yasiq, for them. This book contains some rulings that were derived from various religions, such as Judaism, Christianity and Islam. Many of these rulings were derived from his own opinion and desires. Later on, these rulings became the followed law among his children, preferring them to the Law of the Book of Allah and the Sunnah of His Messenger . Therefore, whoever does this, he is a disbeliever who deserves to be fought against, until he reverts to Allah's and His Messenger's decisions, so that no law, minor or major, is referred to except by His Law. Allah said,

أَفَحُكْمَ الْجَـهِلِيَّةِ يَبْغُونَ

(Do they then seek the judgement of (the days of) ignorance) meaning, they desire and want this and ignore Allah's judgement,

وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْماً لِّقَوْمٍ يُوقِنُونَ

(And who is better in judgement than Allah for a people who have firm faith) Who is more just in decision than Allah for those who comprehend Allah's Law, believe in Him, who are certain that Allah is the best among those who give decisions and that He is more merciful with His creation than the mother with her own child Allah has perfect knowledge of everything, is able to do all things, and He is just in all matters. Al-Hafiz Abu Al-Qasim At-Tabarani recorded that Ibn `Abbas said that the Messenger of Allah ﷺ said,

«أَبْغَضُ النَّاسِ إِلَى اللهِ عَزَّ وَجَلَّ، مَنْ يَبْتَغِي فِي الْإِسْلَامِ سُنَّةَ الْجَاهِلِيَّةِ، وَطَالِبُ دَمِ امْرِىءٍ بِغَيْرِ حَقَ لِيُرِيقَ دَمَه»

(The most hated person to Allah is the Muslim who seeks the ways of the days of ignorance and he who seeks to shed the blood of a person without justification.) Al-Bukhari recorded Abu Al-Yaman narrating a similar Hadith, with some addition.

And judge between them according to what God has revealed and do not follow their whims and beware of them lest they seduce you lest they lead you astray from part of what God has revealed to you. But if they turn away from the judgement revealed and desire some other then know that God desires to smite them with punishment in this world for some of their sins those which they have committed among them their turning away and that He desires to requite them for all of their sins in the Hereafter; surely many of mankind are wicked.

The Qur'an: Custodian of Torah and Injil

In the fifth (48) and the sixth (49) verse, the address is to the Holy Prophet ﷺ saying that to him Allah has revealed the Qur'an which confirms the Torah and Injil, Books previous to it, and is their custodian as well. This is because, after the people of the Torah altered the Torah and the people of Injil made changes in the Injil, it was the Qur'an alone which turned out to be the kind of overseer and protector which exposed the alterations made by them, lit up truth and reality in their proper perspective. Even today, the true teachings of the Torah and Injil still survive through the Qur'an while those who inherited them and those who claim to follow them have disfigured them to the extent that it has become impossible to distinguish truth from untruth. Towards the end of the verse, the Holy Prophet g has been given the same instruction as was given to the people of the Torah and the people of the Injil, that is, all orders and judgments given by him should be according to injunctions revealed by Allah, and that he should see through the ploy of these people who intend to have him decide matters according to their wishes and take his guard against their evil plans. There was a particular reason for saying what was said. Some Jewish religious scholars came to the Holy Prophet ﷺ . They told him that they were religious leaders among the Jews. If they became Muslims, the rest of them would become Muslims too. But, there was a condition to it. They said that they had a legal dispute with his people. They would bring that case to him. If, in this case, he were to decide in their favour, they would embrace Islam. Thereupon, Al-mighty Allah gave him the word of caution that he should never decide against considerations of equity and justice and the Law revealed by Allah because of the offer to become Muslims made by these people - a proposition which was not for him to worry about.

The Wisdom behind Partial Difference in Shari'ahs of Prophets

Besides other elements of guidance, this verse carries an answer to a basic question of principle. The question is: When all prophets have been sent by Allah, and all Books and Shari` ahs come from Him, why do they differ and why do a coming Book and Shari` ah abrogate the outgoing Shari` ah and Book? The answer has been given in this verse, along with its wisdom:

لِكُلٍّ جَعَلْنَا مِنكُمْ شِرْ‌عَةً وَمِنْهَاجًا وَلَوْ شَاءَ اللَّـهُ لَجَعَلَكُمْ أُمَّةً وَاحِدَةً وَلَـٰكِن لِّيَبْلُوَكُمْ فِي مَا آتَاكُمْ فَاسْتَبِقُوا الْخَيْرَ‌اتِ

For each of you, We have made a way and a method. And had Allah willed, He would have made a single community of people, but (He did not), so that He may test you in what He has given to you. Strive, then, to excel each other in good deeds.

To explain this in other words, it can be said that Allah has made for every section among human beings a particular Shari` ah and particular method of doing things in which, despite common principles, there are expedient differences in subsidiary injunctions. Had Allah so willed, it would have not been at all difficult for Him to make all human beings one community with only one Book and one Shari` ah for everyone. But, Allah Almighty did not prefer to do so for He intended to test people. He wanted to see who gets to know the reality of ` Ibadah (worship) and stays alert to receive and respond positively to whatever command comes for them. It may be a new Book or a new Shari` ah. They will be ready to accept and follow that, no matter how dear the previous Shari` ah and Book may be to them and no matter how hard its abandoning may be on them because of its grip on them as their ancestral religion. But, such people with their awakened sense of belonging to their ultimate master, always stay tuned to the next Divine call, and always ready to obey. At the other end of this trial shall obviously be those who fail to see this essential reality of obedience, who take to a particular Shari` ah and Book as closed objectives of life giving it the uncompromising status of ancestral religion as a result of which they choose not to pay any attention to any Divine command.

Great wisdom lies in this difference among Shari` ahs. This is the channel through which every section of the human community of any time is taught the reality behind genuine ` Ibadah (worship) and the reality behind human servitude to God. The message given is that the reality of ` Ibadah (acts of worship) lies in being an ` Abd, a servant, and in obeying and following - which does not depend on Salah, Sawm, Hajj, Zakah or Dhikr of Allah or Tilawah of the Qur'an - nor are these acts of worship an end by themselves. Instead of that, they all have one single purpose behind them: Obedience to the Command of Allah. This is the reason why times during which Salah is prohibited, offering Salah at those times does not bring any reward. On the contrary, it becomes a source of sin. During the days of the two ` Ids, the ` Idul-Fitr and the ` Idul-Adha, when fasting is forbidden, it becomes a sin to fast at that time. Other than the ninth of the month of Dhil-Hijjah, gathering in the plain of ` Arafat on any day or month to pray and worship is no reward-worthy act while on the ninth of Dhil-Hijjah, this is the greatest ` Ibadah on the plain of ` Arafat. The same rule applies to all other acts of worship. Done when asked to do, they are ` Ibadah. But, when they are stopped at a certain limit, they too become Haram, unlawful and impermissible. Ignorant people are usually not aware of this reality. ` Ibadat which become their habit, rather, national customs which they get used to as if they were ` Ibadat, then, they would ignore even open commands from Allah and His Messenger. This is from where sprout the seeds of innovations and deviations (Bid` at and Muhaddathat) in established religion which, with the passage of time, become attached to it as if they were a part of it while they are not. This has been the major cause of alterations in past Shari'ahs and Books. By sending different Books and Shari'ahs to different prophets, Allah Jalla Sha'nuhu has taught human beings the lesson that they should not take one mode of action or one mode of worship as their primary objective. They should, instead, become obedient servants of Allah in its most desirable sense on the strength of which they should be able to instantly leave what they were doing earlier, as and when asked to do so. And, conversely, they should immediately be ready to do whatever they are asked to do.

Other than this, yet another wisdom behind this difference in Shari'ahs is that since tempers and tastes of human beings from every period and section of the world are different, the variation in the time frame affects human disposition considerably. If subsidiary injunctions were to be made identical for everyone, human beings would be in deep trouble. Therefore, it was the dictate of Divine wisdom that appropriate change be made in subsidiary injunctions with due consideration of the response patterns of the people of different tastes and times. Here, the religious terminology of Abrogator (Nasikh) and Abrogated (Mansukh) does not mean that the Law Giver did not know conditions before and gave one law - and when new circumstances prevailed it was abrogated - or the earlier law was promulgated by mistake or lack of attention but was changed on later recollection. This is not the way it is. The Nasikh and Mansukh are just like the prescription of a doctor or physician where a change in medicines appears gradually since the doctor or physician knows in advance that a certain symptom will show up in the patient after he or she has used the initially prescribed medicine for three days which then will be the time to prescribe a certain other medicine. So, when he cancels his earlier prescription and replaces it with a new one, it will not be correct to say that the previous prescription was wrong and for that reason it was cancelled. Instead, the truth of the matter is that this very prescription was correct and necessary for use during the initial days of sickness - and under later conditions, the same second prescription is correct and necessary.

A Summary of Subsidiary Injunctions

1. We know from the initial verses that the case brought to the Holy Prophet ﷺ by the Jews was decided by him. The decision was in accord with the Shari` ah of the Torah. This proves that the religious injunctions in force in the previous Shari` ahs remain in force until abrogated by the Holy Qur'an or Divine Revelation as it was in the cases of the Jews where the injunction concerning equality in Qisas (Law of Retaliation) and stoning to death (Rajm) in punishment of adultery (Zina) was there in the Torah as well. Then, the Qur'an too retained it as it was.

2. Similarly, in the second verse (45), the injunction of Qisas about the Retaliation for Wounds which has been mentioned with reference to the Torah was enforced in Islam by the Holy Prophet ﷺ . On this basis, the rule of procedure with the majority of the ` Ulama of Islam is that injunctions of previous Shari` ahs which have not been abrogated by the Qur'an are valid, enforceable and obedience-worthy in our Shari` ah too. That is why, in the cited verses, the people of the Torah have been asked to decide, judge and obey in accordance with the Torah and the people of the Injil have been asked to decide, judge and obey in accordance with the Injil - though both these Books and their Shari` ahs stand abrogated after the appearance of the Holy Prophet The out-come is that the injunctions of the Torah and Injil which were not abrogated by the Qur'an are obedience-worthy even today.

3. The third injunction which stands proved from these verses is that ruling contrary to the injunctions revealed by Almighty Allah is Kufr (disbelief in and rejection of Faith) under some conditions specially when it is combined with belief in its being not true. And under some conditions, it is Zulm (injustice) and Fisq (disobedience, sin) - when belief-wise, one does accept them as true, but, in practice, does what is contrary to it.

4. The fourth injunction which appears in these verses is that taking bribe is absolutely Haram (unlawful) - specially, the taking of bribe in a judicial case, which is far too grave.

The fifth injunction which emerges clearly from these verses is that all prophets, may peace be upon them, and their Shari'ahs agree in principle, but there is that difference in minute and subsidiary in-junctions with them - a difference which is based on considerations of great wisdom.

(So judge between them by that which Allah hath revealed�) [5:49]. Said Ibn �Abbas: �A group of Jews which included Ka�b ibn Asad, �Abd Allah ibn Suriya and Shas ibn Qays said to each other: �Let us go to Muhammad lest we seduce him from his religion�. When they went to him, they said: �O Muhammad, you know that we are the rabbis and nobles of the Jews, and if we were to follow you, the Jews will follow us without objection. We will believe in you and confirm your message in exchange for a favour: we have a dispute with some people and we want you to judge in our favour against them�. The Messenger of Allah, Allah bless him and give him peace, refused to do so, and Allah, exalted is He, revealed about them (� but beware of them lest they seduce thee from some part of that which Allah hath revealed unto thee�)�.