4. Surah An-Nisaa

Commentary The Background of Revelation Verse 77 beginning with the words: أَلَمْ تَرَ‌ إِلَى الَّذِينَ قِيلَ لَهُمْ كُفُّوا أَيْدِيَكُمْ (Have you not seen those to whom it was said, "Hold your hands { from fighting)...) was revealed in a particular background. Before their migration from Makkah, Muslims were regularly persecuted by disbelievers. Harassed Muslims used to visit the Holy Prophet ﷺ complaining to him about the high-handed treatment meted out to them and asking for his permission to fight back in self-defence and put an end to the Kafir reign of terror. He advised patience holding them back from direct confrontation on the plea that he has not been commanded to fight, in fact, he told them, he has been commanded to stay patient, forgo and forgive. He also told them to continue observing the instructions of salah and zakah, already given to them, consistently and devotedly. He impressed upon them the virtues of the present pattern of their behaviour, even though the odds were against them, for the simple reason that, unless man is conditioned to fight against his own evil desires in obedience to the command of Allah and is also used to bearing physical pain and financial sacrifice, he finds joining Jihad and sacrificing his life very difficult a proposition. This was an advice Muslims had accepted. But when they migrated from Makkah to Madinah, and Jihad was enjoined upon them, they should have been pleased with it, as it was something that had answered their own prayers. But, there were some infirm Muslims around who started fearing the prospects of a fight against the disbelievers as one would fear the punishment of Allah, rather more than this. Caught in that peevish state of mind, they started pining for a little more respite, a possible postponement of the command to fight to some later day which may have given them more time to live and to enjoy. Thereupon, these verses were revealed. (Ruh al-Ma` ani) Why did the Muslims wish for the postponement of Jihad The wish for respite expressed by Muslims following the command to fight was not an objection to the command of Jihad. It was, rather, a benign and subtle complaint. The reason may lie in the usual pattern of human psyche in such situations. When hurt and harassed to the extreme, one is very likely to flare up and go for a revenge. But, once man is used to a life of physical comfort and peace, he does not feel like going out to fight. This is no more than a simple human reaction. So, these Muslims, while they were in Makkah, all fed up with pains inflicted on them by the disbelievers at that time, were naturally looking forward most eagerly for the command of Jihad to come. But, when they reached Madinah, they found peace and comfort which they had missed for long. Now the command to fight, when it came in that state of theirs, found them no more moved by their old fire, therefore, they simply wished that it would have been better if the call for Jihad was just not there at that point of time. Now, to take this 'wish' as an 'objection' and to attribute an act of sin to those Muslims is not correct. However, this explanation is limited to the assumption that they had pronounced this complaint verbally. But, if they said nothing verbally, and it was simply a thought which crossed their mind, then, thoughts in the mind and doubts in the heart are happenings which the Shari’ ah of Islam simply does not count as sins. Here, both probabilities exist. Then, the word, قَالُوا "Qalu" (They say) in the verse should not lead one to presume that they had said this verbally, for it may be taken to mean that they may have said it within their hearts. (Abridged from Bayan al-Qur'an by Maulana Thanavi). According to some commentators, in which case, no explanation is, called for. (Tafsir Kabir). Self-correction should precede collective reform In وَأَقِيمُوا الصَّلَاةَ وَآتُوا الزَّكَاةَ (verse 77), Allah Almighty has first mentioned the command to establish the prescribed prayers and pay the fixed zakah which are the medium of self-correction. The command of Jihad comes after that, which is the medium of political and collective correction, that is, through it the forces of coercion and injustice are eliminated as a result of which peace prevails in the country. From here we learn that, well before worrying about correcting others, one should start correcting himself. So, seen from the angle of a relative degree of importance, the first command is an absolute individual obligation (fard al-'ayn) while the second is an obligation which, if performed by some, will absolve others (fard al-kifayah). This highlights the importance of self-correction and makes its precedence obvious enough (Mazhari). The difference between the blessings of the present world and those of the Hereafter In this verse, the blessings of the Hereafter have been declared to be more bountiful and certainly better as compared with the blessings of the present world of our experience. Some reasons why this is so are given below: 1. The blessings of the present world are few, while the blessings of the Hereafter are many. 2. The blessings of dunya (the present world) are perishable, while the blessings of Akhirah (Hereafter) are eternal. 3. The blessings of dunya are laced with all sorts of botherations, while the blessings of Akhirah are free of such impurities. 4. The acquisition of the blessings of dunya is not certain, while the blessings of Akhirah will most certainly reach everyone who is God fearing (Muttagi: the observer of Taqwa). (al-Tafslr al-Kablr) و لا خیر فی الدُّنیا لِمَ لَم یَکُن لَّہ مِنَ اللہِ فی دَارِ المقَامِ نَصِیبُ فَاِن تعجِبُ الدُّنیا رِجَالاً فَاِنَّا مَتَاعُ قلیلُ وَ الزَّوالُ قَرِیبُ There is no gain in dunya for the one who has no share in the eternal abode from Allah. Still, if dunya does attract some people, then (beware) it is a short-lived enjoyment and its decline is near (that is, once eyes closes in death, the Akhirah is there to see).

There is no escape from death: In أَيْنَمَا تَكُونُوا يُدْرِ‌ككُّمُ الْمَوْتُ (verse 78) (Wherever you will be death will over-take you), Allah Almighty removes any doubts the deserters from Jihad may entertain. They think that, perhaps by dodging Jihad, they can also dodge death. Therefore, it was said that there will be a day of death, a day when it, must come, no matter where you are; it will come exactly where you are. When this is settled, there is no sense in backing out from Jihad. Hafiz Ibn Kathir (رح) ، the famous commentator, while discussing this verse, has reported a lesson-filled event on the authority of Mujahid as narrated by Ibn Jarir and Ibn Abi Hatim ؓ . He recounts the event concerning a woman from an earlier community. Soon after her pregnancy matured, she gave birth to a child and sent her servant out to fetch some fire. As soon as the servant stepped out of the door of the house, he saw a man appear suddenly before him. He asked: 'What baby this woman has given birth to?' The servant told him that it was a baby girl. Thereupon, the man said: You must remember that this girl will sleep with a hundred men and will finally die through a spider.' Hearing this, the servant returned immediate with a knife and slit the abdomen of that girl open. Taking her to be dead, he ran away from the house. But, a little later, the mother of the girl stitched up the skin of the abdomen slit by the servant. Then came the day when this girl grew to be young and beautiful, so beautiful that she was considered to be the jewel of the city. As for the servant, he escaped overseas where he stayed for a long time and, in the meantime, assembled a fortune for himself. When he planned to get married, he returned to his old city. There he met an old woman. He told her that he was looking for a bride, but that he was eager to marry the most beautiful' woman in town. The old woman told him about a certain girl whose beauty was unmatched in the whole city and insisted that he should marry her. The servant, now a rich man, made efforts and finally got married to that girl. While getting to know each other, the girl asked him as to who he was and where did he live. He told her: 'Actually, I belong to this very city, but I had to run away because I had slit the abdomen of a girl open.' Then he narrated the whole event. Hearing this, she said: 'I am that girl.' She showed him her abdomen. The cut mark was still there. Seeing this, the man said: 'If you are the same woman, I disclose two things about you. The first one is that you will sleep , with a hundred men.' Thereupon, the woman confessed that she has done that, but she could not remember the number. The man said: 'The number is hundred. And the second one is that you will die through a spider.' The man who was now rich had a grand palace built for her which was absolutely free of any spider webs. On a certain day, while they were resting in their room in the palace, they noticed a spider on the wall. The woman said: 'Is this the spider you scare me of?' The man said: 'Yes.' Thereupon, she sprang up from the bed saying: 'Then, this one I am going to kill right now.' Having said that, she downed the spider on the floor and trampled her dead under her feet. The spider died all right but the poison from her infected her feet and nails and the message of death became all too clear for her. (Ibn Kathir) Here was a woman living in a palace, new and very clean, but she died through a spider all of a sudden. Compare her case with many others who spent a life-time in fighting battles yet death did not come to them there. Think of Sayyidna Khalid ibn Walid ؓ ، the famous soldier and general of Islam known by his oft-repeated title, Saifullah - the Sword of Allah. He had a burning desire to die as martyr in the way of Allah. So, he kept fighting all his life, engaging in one Jihad after another and longing to become a Shahid. He killed thousands of disbelievers on the battlefields, living dangerously and daringly against many a trial, always praying and pleading that he be saved from the fate of dying in bed like women and praying and pleading that Allah favour him with the death of a fearless soldier in the heat of some Jihad. But, as. decreed by Allah, he finally died nowhere else but on his own bed in the house. The lesson is that the arrangement of life and death stays in the hands of our creator whose decisions are final. There is nothing we can do about it. It is He who can, if He wills, give us death on a luxury bed at the hands of a spider; or, if He elects to save us, he can keep us alive amid swinging swords or zooming fires.

Building secure houses is not against Tawakkul Let us now consider: وَلَوْ كُنتُمْ فِي بُرُ‌وجٍ مُّشَيَّدَةٍ in verse 78. It says: 'Wherever you will be Death will overtake you, even though you are in fortified castles.' This tells us that building a good and strong house to live with ensured security of person and things is not contrary to the dictates of tawakkul or trust in Allah and that it is not against the rules of Shari'ah either. (Qurtubi) A Blessing comes only by the grace of Allah In مَّا أَصَابَكَ مِنْ حَسَنَةٍ فَمِنَ اللَّـهِ (verse 79), translated as: 'whatever good comes to you is from Allah,' the word, حَسَنَةٍ 'hasanatin' means 'blessing' (Mazhari). The verse points out to the fact that any blessing which reaches man, any good that comes to him, does not get to him as a matter of his right. This is, on the contrary, nothing but the grace of Allah Almighty, His فضل 'fadl', in common Islamic terminology. No matter how much, he devotes to the many acts of worship he is obligated with, man cannot claim to deserve that blessing on the basis of his deeds alone. The reason is simple, because the very ability to engage in acts of worship comes from none but Allah Himself, which is known as the Taufiq of Allah. Then the blessings of Allah are countless, how could they be 'procured' by limited acts of worship and other expressions of obedience to His commands? Specially so, when whatever we do in the name of the worship of Allah is' hardly worthy of the supreme mastery and power of our Lord, the Lord of the universe of our experience and the Lord of universes beyond? This point has been made more succinctly in a hadith, where the Holy Prophet ﷺ ; has been reported to have said: مَا اَحَد یدخل الجنۃ الا برحمۃ اللہ : ولا أنت ؟ و لا أنا 'No one shall enter Paradise unless it be with the mercy of Allah.' The narrator asked: 'Not you either?' He said, 'Yes. Not me either.' Calamities are the result of misdeeds In وَمَا أَصَابَكَ مِن سَيِّئَةٍ فَمِن نَّفْسِكَ (verse 79), translated as: 'and whatever evil visits you, it comes from your own selves,' the word, سَيِّئَةٍ 'sayyi` atun' mean., مُصِیبَہ 'musibah', evil, hardship, (misfortune, calamity, disaster) according to Mazhari. Although, calamities are created by Allah, yet their cause lies nowhere else but in the very misdeeds of man himself. Now if this man is a disbeliever, a Kafir, the evil that hits him in this mortal world is only an ordinary sample of the ultimate punishment, the punishment of the world-to-come, which is much much more than the worldly punishment. And if this man is a believer, a mu'min, all his misfortunes become an expiation (kaffarah) of his sins in that case, and thereby become the very cause of his salvation in the Hereafter. Thus, the Holy Prophet ﷺ said in a hadith: ما من مصیبۃ تصیب المسلم الا کَفَر اللہ بھا عنہ حتی الشوکۃ یشاکھا "No evil ever touches a Muslim, but it becomes a source of forgiveness for him - even the pinch of a thorn in his feet." (Mazhari from Tirmidhi) In another hadith, reported by Abu Musa ؓ عنہ he said: عن ابی موسیٰ ان رسول اللہ ﷺ قال لا تصیب عبدا نکبۃ فما فوقھا وما دونھا الا بذنب وما یعفو اکثر "No hardship befalls a servant of Allah, be it light or tough, but it is always due to his sin - and the sins Allah forgives (without afflicting with a calamity) are much more." (Mazhari from Tirmidhi) The Prophet of Islam: His Prophethood is Universal The words: وَأَرْ‌سَلْنَاكَ لِلنَّاسِ رَ‌سُولًا ; (And We have sent you to be a Messenger for the people) appearing at the end of verse 79 prove that the Holy Prophet ﷺ has been sent as a Messenger of Allah (Rasul) for all peoples of the world. He was not simply a Messenger for Arabs alone. In fact, his prophethood is universal, open to all human beings of this entire universe, whether they'are present at this point of time, or may come to be there right through the Qiyamah, the fateful Last Day of this universe of ours. (Mazhari)

Previous to this, there was the affirmation of prophethood. Now comes the statement which establishes the right of prophethood - it calls for compulsory obedience. In case hostile people refuse to obey, there are words of comfort for the noble Prophet of Islam who has been absolved of any responsibility for their lack of obedience. The opening statement in the verse presents a very important principle bearing on the authority of the blessed Rasul of Allah. Here, the obedience to the Prophet ﷺ has been equated with obedience to Allah. From this it follows that whoever disobeys the Prophet, invariably disobeys the command of Allah. Since, obedience to Allah is obligatory, even rationally - so, obedience to the Prophet ﷺ also turns out to be equally obligatory. As for the person who, inspite of the truth being all too manifest, elects to turn his back and reject the message given by the Prophet, then, the Prophet has been asked not to worry about the callous behaviour of such people because Allah has not sent His Prophet ﷺ to stand guard over their behaviour for which he is not responsible. It means that the Prophet of Allah is not duty-bound to see that they do not indulge in disbelief. He is simply not charged with the mission of stopping them from disbelieving. His mission is to deliver the Message. Once this is done, his duty as a Prophet stands fulfilled. After that, if they still go about disbelieving, it is their business for which he is in no way accountable. (Maulana Ashraf Thanavi, Bayan al-Qura'n) 7

That obedience to the Holy Prophet ﷺ is obligatory was the subject of verse 80. Here, the Prophet ﷺ was comforted in case the disbelievers rejected his message. Now comes a mention of some hypocrites who used to wriggle out of this obligation. Commentary The first verse (81) which begins with the words: وَيَقُولُونَ طَاعَةٌ فَإِذَا بَرَ‌زُوا مِنْ عِندِكَ بَيَّتَ طَائِفَةٌ مِّنْهُمْ غَيْرَ‌ الَّذِي تَقُولُ (And they say, "Obedience (we observe)..." condemns those who practice a policy of double-dealing. They will say something verbally and have something else hidden in their hearts. Once this is established, what should be the attitude of the Messenger of Allah towards such a set of people? The latter part of the verse carries a special instruction about it. An important instruction for a leader The verse: فَأَعْرِ‌ضْ عَنْهُمْ وَتَوَكَّلْ عَلَى اللَّـهِ ۚ وَكَفَىٰ بِاللَّـهِ وَكِيلًا refers to the hypocrites who, when they came face to face with the Holy Prophet ﷺ said that they were quite obedient to him and had accepted what he had commanded them with. But, when they left his company, they got together and conspired as to how they could disobey him. This duplicity of theirs caused great pain to him. Thereupon, Allah Almighty instructed him to ignore them and continue with his mission placing his trust in Allah because Allah is all-sufficient for him. From here we know that one who leads people has to go through all sorts of hardships. People tend to level absurd allegations against him. Then, there are enemies in the garb of friendship and trust around him. Despite the presence of all such obstacles, this leader must display determination and steadfastness and devote to his mission with full trust in Allah. If his objective and orientation is right, he will, Insha’ Allah, succeed.

Deliberation in the Qur'an Verse 82 begins with: أَفَلَا يَتَدَبَّرُ‌ونَ الْقُرْ‌آنَ (Do they not, then, ponder in the Qur'an?) Through this verse, Allah Almighty invites people to deliberate in the Qur'an. Noteworthy here are a few points. First of all, the words used are: أَفَلَا يَتَدَبَّرُ‌ونَ (Do they not, then, ponder ...) and not اَفَلَا یقرؤُنَ (Do they not, then, recite.) Obviously, there is a delicate hint being given through this verse which is suggesting that if they were to look at the Qur'an deeply, they would find no discrepancy in its words and meanings. This sense can come only through the use of the word, تَدَبُّر 'tadabbur' which means to ponder or deliberate. A plain recitation which is devoid of deliberation and deep thinking may lead one to start seeing contradictions which really do not exist there. The second point which emerges from this verse is that the Qur'an itself demands that every human being should ponder over its meanings. Therefore, to suppose that pondering in the Qur'an is the exclusive domain of its highest and the ablest exponents (the Imams and Mujtahids) is not correct. However, it is also true that the levels of deliberation will be different in terms of the different levels of knowledge and understanding. The deliberation of the great exponents will deduce the solution of thousands of problems from every single verse, while the deliberation of a common scholar will reach only as far as the very comprehension of such problems and their solutions. When common people recite the Qur'an and deliberate in its meanings through the medium of its translation and explanation in their own language, this will impress upon their hearts the greatness of Allah Almighty, develop love for Him and implant there a concern for the life-to-come, the Akhirah. This is the master key to success. However, in order that common people stay safe from falling into doubts and misunderstandings, it is better that they should study the Qur'an, lesson by lesson, under the guidance of an عَالِم ` alim. If this cannot be done, take to the study of some authentic and reliable tafsir (commentary, exegesis). Should some doubt arise during the course of such study, the wiser course is not to go for a solution on the basis of personal opinion, instead of which, one should consult expert scholars. No group or individual holds monopoly on the exegesis and explication of Qur'an and Sunnah, but there are conditions for it The verse under reference tells us that everyone has the right to ponder in the Qur'an. But, as we have said earlier, the levels of تَدَبُر 'tadabbur' (deliberation) are different. Each one is governed by a separate rule. Let us take the serious deliberation of a great exponent, the 'tadabbur' of a master mujtahid. Through this methodology, solutions to problems are deduced from the Holy Qur'an at the highest level. For this purpose, it is necessary that one who is pondering in the Qur'an, should first acquaint himself with the basic rules employed in such deduction in order that the results he achieves are correct and sound. In case, he fails to arm himself with the basic postulates to begin with, or in case, his education and training in this discipline remain faulty; and in case, he does not ultimately possess the qualifications and conditions that must be found in a mujtahid exponent, then, it is obvious that he would come up with the wrong set of results. Now, this is a situation in which better-equipped scholars may challenge and contradict them, something they would be doing rightfully. Think of a person who has never even walked the corridors of a medical college, yet he starts objecting as to why only trained doctors have been allowed to hold a monopoly of all medical treatment in the country, and why is it that he as a human being has not been allowed to exercise the right of treating patients? Or, there may be a person who gags his reason and starts challenging as to why all contracts to build canals, bridges and dams are given to expert engineers only? Since, he is a citizen of the country, therefore, he too is fully deserving of discharging this service! Or, there may be that person, devoid of reason who stands up raising an objection as to why legal experts alone have been allowed to hold monopoly over the interpretation and application of the law of the land, while he too, being sane and adult, can do the same job? Obviously, to that person, it would be said that, no doubt he has a right to do all such things as a citizen of the country, but it is also true that one has to undergo the difficult stages of education, training and experience for years and years together in order to imbibe the ability to accomplish such tasks. This is not what one can do all by himself. One has to assimilate an enormous body of arts and sciences under expert teachers on his way to established degrees and subsequent recognition in the field. If this person is ready to first go through this grind, and come out successful therefrom, then, he too could certainly become an arm of law in these fields. But, when this analogy is applied to the interpretation and application of Qur'an and Sunnah, a highly intricate and very delicate job indeed, we come across a barrage of taunts and accusations that the ` ulama (religious scholars) hold a monopoly over the job! Is it that the interpretation and application of Qur'an and Sunnah requires no ability, no qualification? Are we saying that, in this wide world of ours, the knowledge of the Qur'an and Sunnah alone has come to be so orphaned, so heirless that everyone can start getting away with his own interpretation and application as a matter of right, even though the claimant has not spent even a few months devoted to learning the great discipline of Qur'an and Sunnah? This is terrible. The proof of Qiyas It is from this verse that we also come to know an important rule, that is, when we do not find an explicit statement in the Qur'an and Sunnah about a certain problem, we should make the best of efforts to find a solution by a serious deliberation within these. This method is technically known as Qiyas or analogical deduction (Qurtubi). "A great deal of contradiction" The last sentence of verse 82: وَلَوْ كَانَ مِنْ عِندِ غَيْرِ‌ اللَّـهِ لَوَجَدُوا فِيهِ اخْتِلَافًا كَثِيرً‌ا translated as 'Had it been from someone other than Allah, they would have found in it a great deal of contradiction' needs some explanation. Here, 'a great deal of contradiction' means: Had there been a contradiction in one subject, the contradiction in many subjects would obviously have become a great deal of contradiction (Bayan a1-Qura'n). But, the truth of the matter is that there is just no contradiction anywhere in the Qur'an. So, this is the word of Allah Almighty. This perfect uniformity cannot be found in the word of man. Then there is its unmatched eloquence which never tapers. It talks about the Oneness of Allah and the disbelief of men and lays down rules for the lawful and the unlawful, yet there is no inconsistency, no discrepancy in the process. It offers information about the unseen but there is not one bit of information which does not match with reality. Then there is the very order of the Qur'an which retains the quality of its diction all along, never ever touching a pitch which is low. The speech or writing of man is affected by circumstances. It varies with peace and distraction and happiness and sorrow. But, Qur'an is free of all sorts of incongruities and contradictions - actually, it is beyond any such thing. And this is a clear proof of its being the word of God.

Commentary The Background of Revelation According to Sayyidna Ibn ` Abbas, Dahhak and Abu Mu'adh ؓ the verse: وَإِذَا جَاءَهُمْ أَمْرٌ‌ مِّنَ الْأَمْنِ أَوِ الْخَوْفِ أَذَاعُوا بِهِ (And when there comes to them a matter about peace or fear, they spread it) was revealed about the hypocrites; and, according to Sayyidna Hasan and many others, this verse was revealed about weak Muslims (Ruh a1-Ma` ani). After having reported events relating to this verse, the famous commentator, Ibn Kathir (رح) has stressed on the importance of referring to the hadith of Sayyidna ` Umar ibn al-Khattab ؓ ، while considering the background in which this verse was revealed. According to this, when Sayyidna ` Umar ؓ heard that the Holy Prophet ﷺ has divorced his wives, he left his house heading for the Masjid. While still at its door steps, he heard that people inside there were also talking about the matter. Seeing this, he said that this was something which must first be investigated. So, he went to the Holy Prophet ﷺ and asked him if he had divorced his wives. He said, "No." Sayyidna ` Umar ؓ says, "After having found out the truth of the matter, I returned to the Masjid and, standing on the door, I made an announcement that the Holy Prophet ﷺ has not divorced his wives. Whatever you are saying is wrong." Thereupon, the verse: وَإِذَا جَاءَهُمْ أَمْرٌ‌ was revealed (Tafsir Ibn Kathir). To spread rumours, without verification This verse tells us that hearsay should not be repeated without prior investigation into its credibility. Thus, in a hadith, the Holy Prophet ﷺ said: کَفَی بالمرء کذبا أن یحدث بکل ماسمع ' It means that 'for a man to be a liar, it is enough that he repeats everything he hears without first verifying its truth'. In another hadith, he said: مَن حَدَثَ بحدیث و ھو یری انہ کذب فھو احد الکاذبین . It means: 'Whoever relates something he thinks is a lie, then, he too is one of the two liars (Tafsir Ibn Kathir). Who are "those in authority'? Let us now determine the meaning of two expressions appearing in the sentence: وَلَوْ رَ‌دُّوهُ إِلَى الرَّ‌سُولِ وَإِلَىٰ أُولِي الْأَمْرِ‌ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ مِنْهُمْ ; which has been translated as: 'and had they referred it to the Messenger and to those in authority among them, those of them who were to investigate it would have certainly known it (the truth of the matter).' Literally, the later word,إستنباط "istinbat" here refers to the act of drawing out water from the depth of a well. When a well is dug, the water that oozes out first is called mustambat water. But, the usage in this context means to get to the bottom of something and find out the truth of the matter. (Qurtubi) As for the correct signification of the expression: اولو الامر (those in authority), positions taken by scholars vary. Sayyidna Hasan, Qatadah and Ibn Abi Laila, may Allah have mercy on them, say that this refers to Muslim scholars and jurists (علماء و فقھاء). Al-Suddi says that it means rulers and officials (اُمراء و حُکام). After reporting both these statements, Abu Bakr al-Jassas takes a general view and maintains that the expression means both, which is the correct approach, because أُولِي الْأَمْرِ‌ applies to all of them. However, some scholars doubt the possibility that أُولِي الْأَمْرِ‌ could refer to Muslim jurists فُقھاء) ) because أُولِي الْأَمْرِ‌ in its literal sense, means people whose orders are carried out administratively. Obviously, this is not what the Muslim jurists فُقھاء) ) do. Let us look at the reality of the thing. The implementation of authority takes two forms. Firstly, it can be done by using force, coercion and oppression. This is something which can only be done by those in authority. The second from of obedience to authority comes from reliance and trust, and that stands reposed in revered Muslim jurists (فُقھاء) only, a demonstration of which has been all too visible in the lives of Muslims-in general in all ages where the general body of Muslims have been, by their own free will and choice, taking the decision and authority of religious scholars (عُلَمَاء ) as the mandatory mode of action in all matters of religion. Then, according to the percepts of the Shari’ ah, obedience to rules set by them is obligatory (wajib) on them as such. So, given this reason, the application of the term أُولِي الْأَمْرِ (those in authority) to them as well is correct. (al-Ahkam a1-Qur'an by al Jassas) Details on this subject have already appeared under the commentary on verse: أَطِيعُوا اللَّـهَ وَأَطِيعُوا الرَّ‌سُولَ وَأُولِي الْأَمْرِ‌ مِنكُمْ (Say, "Obey Allah and obey the Messenger and those in authority among you - 4:59). Qiyas and Ijtihad in modern problems From this verse, we find out that rulings on problems not specifically mentioned in the authoritative texts (technically, nass) of the Holy Qur'an or Sunnah will be deduced in the light of the Qur'an using the principle of Ijtihad and Qiyas because this verse carries the command to turn to the Holy Prophet ﷺ for the resolution of any new problems - if he is present at that time. And if he is not present, the command is to turn to religious scholars and jurists of the Muslim community (عُلَمَاء وفُقَھَاء), because they have the required ability to extract and formulate religious injunctions from the authoritative texts of the Qur'an and Hadith. Points of guidance, which emerge from the statement made above are: 1. In the absence of nass, explicit textual authority from the Qur'an and Hadith, the course of action is to turn to Fuqaha, and ` Ulama' (Muslim jurists and scholars) 2. The injunctions given by Allah are of two kinds. Some of them are there in the form of explicit textual imperatives (mansus and sarih). Then, there are some others which are not explicit and carry meanings which are hidden in the depths of the verses as willed by Allah in his infinite wisdom 3. It is the duty of the ` Ulama' (religious scholars) to extract and formulate such meanings through the established methodology of Ijtihad and Qiyas. 4. For the great masses of Muslims, it is necessary that they should follow the guidance given by the ` Ulama' in such problems. (Ahkam al-Qur'an by al-Jasas) The Prophetic function of deducing injunctions The statement: مِنھُم لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ : those of them who were to investigate it would have certainly known it (the truth of the matter), shows that the Holy Prophet ﷺ too was obligated to the percept of extracting formulating and reasoning out with proofs all injections that needed to be so handled. This is so because earlier in the verse the command was to turn towards two sources. Firstly, it was to the Holy Prophet ﷺ and secondly, to those in authority ( ( أُولِي الْأَمْرِ‌. After that it was said: لَعَلِمَهُ الَّذِينَ يَسْتَنبِطُونَهُ.(those of them who were to investigate it would have certainly known it.) And this injunction is general which covers both of the two parties cited above. So, it proves that the Holy Prophet ﷺ was also obligated with the function of deducing injunctions. (Ahkam al-Qur'an by al-Jassas) An important note If this verse makes someone suspect or assume that it has no relation with deducing injunctions of Shari’ ah, it does not say anymore than give an instruction to people that they should not indulge in rumour-mongering in situations of peace and fear when faced with an enemy, instead of which, one should turn to the knowledgeable and trustworthy and act in accordance with the advice they give after due deliberation and that it has no connection with juristic or new legal problems. In order to answer this doubt, it can he said that the sentence: وَإِذَا جَاءَهُمْ أَمْرٌ‌ مِّنَ الْأَمْنِ أَوِ الْخَوْفِ ; (And when there comes to them a matter about peace or fear) in this verse makes no mention of an enemy. So, the state of peace and fear is universal. The way it relates to an enemy, so it does with day to day problems as well. This is so because the appearance of a problem before a commoner, a problem about which no textual authority relating to its being lawful or unlawful exists, throws him into a fix and he cannot decide which side to take as both sides hold the probability of gain and loss. The smartest way out devised by the Shari’ ah of Islam in this impasse is that one should turn to those capable of extracting and formulating injunctions and act in accordance with the via media laid out by them. (Abridged from 4km al Qur'n by al-Jassas) The outcome of Ijtihad The legal ruling extracted by Muslim jurists (فُقَھَا) from the texts through Istinbat (and Ijtihad) cannot categorically be declared as being the absolute truth in the sight of Allah. Instead of that, the probability always exists that this ruling might as well turn out to be not true. But, of course, what one gains out of it is positive, overwhelming and weightier opinion about its being true and correct, something which is to act upon. (al-ahkam al-Qur'in by al-Jassas and Tafsir Kabir)

Commentary The Background of Revelation When the battle of Uhud came to pass in the month of Shawwal, the Holy Prophet ﷺ ، in keeping with the promised date set by the disbelievers, started preparations to confront them at Badr in the month of Dhi-Qa'dah (historians identify which as the minor Badr). At that time, some people betrayed a little hesitation in going along because of having been recently wounded, while some others did so because of rumours. Thereupon, Allah Almighty revealed this verse where guidance has been given to the Holy Prophet ﷺ that he should ignore the infirm and the scared among Muslims and show no hesitation in marching on to Jihad even if it has to be all alone, for Allah is his helper. With this guidance on hand, he went ahead to Badr Minor with seventy Companions as promised to Abu Sufyan after the battle of Uhud. There it so happened that Allah Almighty put awe and fear in the hearts of Abu Sufyan and his disbelieving accomplices from the tribe of Quraysh. Not one of them showed up for the fight as a result of which they turned out to be false in their solemn promise. Thus, as the text says, Allah Almighty prevented the mischief of the disbelievers and the Holy Prophet ﷺ returned back with his companions safely (Qurtubi Mazhari). The Eloquent style of Qur'anic Injunctions The verse begins with the command to the Holy Prophet ﷺ : 'So, fight in the way of Allah'. This direction is addressed to the Holy Prophet ﷺ which implies that he should fight alone - irrespective of whether anyone is ready to go with him. But, in the second sentence following immediately, it was also said that he should not shelve or surrender the mission of inducing other Muslims to join in the Jihad. However, if they remain unresponsive even after the effort of persuasion, the mission of the prophet has been accomplished who, from that point onwards, will not be responsible for what they do. In addition to this, the possible danger in having to fight alone has been removed by saying: 'It is likely that Allah will prevent the mischief of those who disbelieve': May be He puts awe in their hearts and they stand subdued and he succeeds all alone. How could such success become possible? The proof follows immediately when it is declared that he is being helped and supported by Allah Almighty whose strength and might at war far exceeds those of such disbelievers, therefore, it is certain that success has got to be his. After that, coupled with this statement about the Divine strength in war, the text relates how Allah is the mightiest in punishing. This punishment may be on the Day of Judgement as obvious, or may come right here in this mortal world as stated by some commentators. Whichever the case, 'Allah is the strongest in war and the mightiest in punishing.'