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Iman (a belief with certainty) is the defining characteristic of the
Muslim for without this he or she would be a Kafir.
In the following Ayat Allah (swt) informs those
who believe that there is a condition upon their Iman.
''Fa laa wa Rabbika Laa Yu'minoona Hattaa yu'hakkimooka fee maa
Shajara baynahum, thumma laa yajidoo fee anfusihim harajam mimmaa
qadayta wa yusallimooo tasleemaa.''
In the translation of the meaning:
''But no, I swear by your lord (Allah), they will have no Iman, until
they make you, (O Prophet) rule between them in whatever they
dispute amongst themselves, and then they find no resistance in
their souls from what you have decided, instead they submit with
absolute submission'' [ An-Nisa: 65]
Sabab un-Nazool (occasion of revelation)
Hakem has narrated in his Mustadrak that the reason for the
revelation of this verse was that a Jew and a hypocrite had a
dispute with respect to a matter, and they took it to the Messenger
of Allah (peace and blessings upon him), so he decided the matter in
favour of the Jew; the Jew accepted the decision, but the hypocrite
did not, and said: ''We should take the matter to Abu Bakr''. Abu
Bakr reached the same decision as the Messenger of Allah (peace and
blessings upon him). The hypocrite rejected the decision and said:
''We should go to Umar''. The Jew complained about the hypocrite to
Umar and said: ''We went to Mohammad, and he decided in my favour,
so this man rejected the decision, then we went to Abu Bakr, and he
decided in my favour, and the hypocrite rejected the decision.''
Umar then drew his sword, and struck at the neck of the hypocrite,
and said this is the judgement with respect to he who is not
satisfied with the judgement of the Messenger of Allah
(peace and blessings upon him).
The Muslims began saying that 'Umar had killed a
Muslim, until Allah (swt) revealed this Ayah stating the
righteousness of the action of 'Umar, by His (swt) saying that no
man may have any Iman until you accept the Prophet's (saw) judgement.
Thus, 'Umar in his capacity as a Judge in the Islamic State executed
that man as a punishment for his apostasy.
The issue with which the quoted verse of the Qur'an deals is a
crucially important issue in these times. It is the issue of the
complete sovereignty of Allah. It is an issue of conviction directly
linked to 'no god except Allah', and is not a personal legal issue
at the discretion of the individual.
The verse and its Qaraa'in (Shari'i indications) pointing to
the decisive obligation
1) The Ayah was sent down condoning Umar's (ra) action; thus we can
see a Qareenah (Shari'i indication) here that the man apostatised,
otherwise it would have been Haram to kill him (killing being
sanctioned by the state for apostasy). This is a Qareenah here that
the Iman mentioned in the Ayah is referring to Iman in the opposite
meaning to Kufr, not simply an emphatic Iman (meaning Taqwa or
piety) as is in other texts. This is a decisive Qareenah.
2) The silence of the Prophet (saw) toward the action of 'Umar (ra),
which would ordinarily have been Haram is another decisive Qareenah.
3) These two lead us to the conclusion that ruling by what Allah (swt)
has revealed is a matter of Iman, and anyone who rejects it with
knowledge is a Murtad (apostate). (Surah Ma'idah Verses 44-5
and 47)
The Ayah and its Qaraa'in (Shari'i indications)
1) Allah (swt) swore an oath upon himself (fa laa wa Rabbika -
'No by your lord'). This is supportive Qareenah.
2) Allah (swt) said that they find no resistance in their souls to
the judgement of the Prophet (saw). (thumma laa Yajidoo fee
anfusihim - 'and then they find in themselves no resistance') This
also is supportive Qareenah.
3) Allah (swt) said that they submit with absolute submission (wa
yusalimoo tasleemah - 'they submit with absolute submission')
4) These are also Qaraa'in that the Ayah is talking about an
obligation, because:
i) It is not obligatory to submit with absolute submission to a
Mandoob (recommended act), only to a Fard (obligation) are we
commanded to submit with absolute submission.
ii) Nor is it obligatory to find no resistance in our souls to a
Mandoob. So the subject matter must be a Fard.
iii) For extra emphasis Allah (swt) swears upon the greatest thing
that He (swt) could ever swear upon, not the stars, not the sun, not
the constellations, nor the fig or the olive, like in other Ayat;
but no, upon Himself (swt)! The greatest oath to take, and the only
one that is also Halal for the Muslims to take; to swear upon
nothing but Allah (swt)!
This all points to the obligation of ruling by what Allah (swt) has
revealed, and it being a matter of Iman or Kufr - some of these Qaraa'in being definite and some being supportive.
Al-Mahkoomoon (those addressed by the Hukm)
Having realised the emphasis of this ayat the question arises upon
who does this Fard(obligation) rest?
1) Allah (swt) says:
Laa Yu'minoona.
This is a third person (Ghaa'ib) masculine (Mudhakkir) plural (jam'a)
verb (Fi'l) in the present tense (al-mudharee). Thus it means, ''They
all don't have Iman''.
The fact that it is in the masculine includes women with men, as in
Arabic the masculine verb can mean a mixed group or just men.
The fact that it came in the third person, is because the Prophet
(saw) is addressed regarding us. So as to say ''O Prophet (saw) they
have no Iman''.
The fact that it came in the present tense means that it can include
the future, as the present tense in Arabic can include the future,
so as to say, ''…They will have no Iman unless they do so…''
The fact that it came in the plural is interesting, as the original
sabab only mentions one man, the Murtad (apostate). This
indicates that the Ayah is actually talking about all Muslims, as it
is in the plural, when it did not need to be. So the meaning is ''all of you
Muslims don't have Iman''. Thus it came in an 'Aam (general)
form, with no exception mentioned. Thus it is obligatory upon all of the
Muslims.
So, it means, ''O Prophet all the Muslims (men and women) will
have no Iman (they will have only Kufr) unless ...''
Besides all of this is the Shari'i principle ''al-Ibraa bi 'umoom
il-Lafdhee wa laa bi Khusoos is-Sabab''. ''The meaning is taken by
the generality of the expressions, and not by the specificity of the
cause (sabab).'' Thus, the meaning is taken by the generality of
the wording in the texts, and it is not restricted to that one man.
So we are all addressed by the 'Aam (general) ruling; that we
have no Iman, unless we accept the Hukm of Islam.
2) The words ''hattaa yuhakkimooka''.
The verb (fi'l) here came in the third person (al-Ghaai'b) masculine
(mudhhakkir) plural (Jama'a) present tense (al-mudharee).
Additionally, and most importantly, it came in the transitive form 2
(fa'ala - yufa'ilu).
Thus, it means, ''Until they all (men and women) MAKE you rule
between them''.
The difference between Hakama (form 1 - fa'ala), and Hakkama (form 2
-
fa'ala -with emphasis on the kaaf), is one of causation.
Hakama means to rule. Hakkama (with emphasis on the kaaf) means to
make somebody else rule.
Thus, the meaning here is ''O Prophet, all the Muslims (male and
female) will have no Iman, until they all (male and female) MAKE you
rule between them...''
Thus, it is important to note here, that we are not just commanded
with a Fard, each one of us, but rather we are actively commanded to
MAKE the ruler rule by Islam, with deliberate actions. We are
commanded to do action in making this happen.
3) fee maa Shajara Bayahum - ''in
whatever they dispute amongst themselves..''
Again, this is emphasising the meaning that it is all Muslims, as it
concerns whatever we may dispute in between us all. The word Maa
here is Maa al-'Umoom - a general Maa, meaning in whatever and in
any matter that they dispute. So in all matters we must refer to the
Prophet's (saw) judgement
4) The address to the Prophet (saw)
The Ayah states ''till they make you (O
Prophet) rule between them.''
It is known that any address to the Prophet (saw) is an address to
all the
Muslims, unless restricted.
For example, the Ayah commanding Zakah: ''Take
Sadaqah from their wealth'' is in the second person form
(al-Haadhir). So is it addressing the Prophet (saw) only? Is it no
longer Fard to give Zakah to the Khalifah? When those who refused to
pay the Zakah argued with Abu Bakr (ra) they argued that the
obligation of Zakah was only to the Prophet (saw) because the Ayah
was only addressing him alone. The Sahabah (ra) fought against those
who brought this argument and killed some of them. Thus, it is
Ijma'a as-Sahabah (consensus of the companions) that the command,
when addressing the Prophet (saw), is a command intended for all
Muslims, unless specified.
So this applies to all of the Muslims. We are commanded to MAKE all
Muslim rulers judge between us by Islam; otherwise we would have no
Iman (that is, if we knowingly go against this).
Conclusion
After the Tafseer of this Ayah, it becomes apparent that all Muslims
will have no Iman until they make their rulers rule by Islam, and
they submit absolutely to the ruling of Islam. Anyone who knowingly
goes against this (though not out of ignorance) is a Kafir Murtad
(apostate), and anyone who neglects this is sinful. So come, and
work to establish Islam, as it is a great obligation, and neglecting it is
neglecting the biggest prerequisite in Islam; Iman.
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