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Misquoted Verse #14
5:33 The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter
The context of this verse itself will clear any negative perceptions against Islam. One cannot quote verse 5:33 without quoting verse 5:32 (prohibition of murder) and verse 5:34 (command to forgive). Let us examine the verse in its proper context:
5:32-34 ...If any one slew a person - unless it be as punishment for murder or for spreading corruption in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people. Then although there came to them Our apostles with clear signs, yet, even after that, many of them continued to commit excesses in the land. The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter; Except for those who repent before they fall into your power: in that case, know that Allah is Oft-forgiving, Most Merciful.
There are several points to note here. The first is the gravity of the offense. This is punishment for WAGING WAR against the Prophet of God and spreading evil and destruction. In modern terminology this would be considered "terrorism". This is a punishment for such a severe offense, hence the severity of the punishment. As Muhammad Asad writes on this verse:
The present participle la-musrifun indicates their "continuously committing excesses" (i.e., crimes), and is best rendered as "they go on committing" them. In view of the preceding passages, these "excesses" obviously refer to crimes of violence and, in particular, to the ruthless killing of human beings. (Asad, The Message of the Qur’an)
It is quite shocking to see how many Islam-haters will place this verse under the heading of "inciting Muslims to kill and wage war", whereas the verse commands nothing of this sort! In fact, it comes directly after a verse prohibiting murder and likening the unjust murder of a single individual to the slaughter of humanity. The Qur'an purposefully describes the gravity of the sin before describing the punishment. The crime of murder and committing terrorist activities is regarded as such a severe violation in Islam, that a severe retribution has been prescribed. Waging war against God's prophet is tantamount to waging war against Our Creator Himself. It is ironic that Islam-haters will present this verse to justify their claim that Islam supports terrorism, whereas Muslim scholars have always presented this verse as proof that Islam is vehemently opposed to terrorism. For example, the Islamic Fiqh Council of Saudi Arabia writes about this verse:
Obviously, in view of the enormity of such acts of aggression, which are viewed by the Shari'ah (Islamic law) as an act of war against the laws and the creatures of God, there is no stricter punishment anywhere in the manmade laws. (Islamic Fiqh Council of Saudi Arabia, Terrorism – Islam’s viewpoint, Muslim World League Journal, Jumad al-Ula 1423/July 2002 CE)
Is it logical to inform someone about a certain punishment without telling them about the crime? Yet, this is exactly what the enemies of Islam have done to deceive people into thinking Islam is a violent religion. They cite only verse 5:33 without verse 5:32 or verse 5:34, which brings us to our next point. God has prescribed multiple punishments in this verse using the word "or" between them, indicating various alternatives. The punishment depends on the circumstances and severity of the offence. As Muhammad F. Malik writes in his translation of this verse:
The punishment for those who wage war against Allah and His Rasool and strive to create mischief in the land is death or crucifixion or the cutting off their hands and feet from opposite sides or exile from the land (based on the gravity of their offence)... (Malik, Al-Qur'an: Guidance for Mankind)
Likewise, Abdullah Yusuf Ali comments:
For the double crime of treason against State, combined with treason against God, as shown by overt crimes, four alternative punishments are mentioned, any one of which is to be applied according to circumstances...except that tortures such as "hanging, drawing, and quartering" in English Law, and piercing of eyes and leaving the unfortunate victim exposed to a tropical sun, which was practiced in Arabia, and all such tortures were abolished. In any case sincere repentance before it was too late was recognized as grounds for mercy. (Yusuf Ali, The English Translation of the Holy Qur’an, emphasis added)
Indeed, the subsequent verse immediately states that this punishment is not for those who repent. For verily, God is Oft-Forgiving and Most Merciful. God's infinite Mercy is truly clear when one considers that God is willing to forgive these ruthless acts of terror that deserve such harsh punishments, so long as the offender sincerely repents to Allah, seeking His Pardon and True Guidance. The Muslim scholars have mentioned that whenever Allah warns us of a punishment, He always shows us a way out, a way to avoid the punishment. Many Muslim jurists also cite this verse in the case of punishment for Hirabah (armed robbery/highway robbery). In such instances, depending on the severity of the offence, the punishment is prescribed. When murder has been committed, then execution is prescribed as the punishment. Depending on the circumstances, the judge may choose a lesser punishment. The banishment mentioned in the verse has been interpreted by some schools of thought as imprisonment. The punishment of crucifixion has been mentioned in the verse, but many Muslim scholars have mentioned that they never have even heard of such punishment ever being prescribed. In fact, Imam Malik, the founder of the Maliki school of thought, when as ked about crucifixion, replied that he had never even heard of a single case in which crucifixion was prescribed as punishment for armed robbery. (see Al-Mudawwanah, vol. XV, p. 99).
In light of this fact, Shaykh Muhammad S. Al-Awa has said:
This observation of Malik's gives me the impression that this punishment was prescribed solely to deter the potential criminal. (El-Awa, Punishment in Islamic Law; US American Trust Publications, 1993, p. 11, emphasis added)
Concerning the argument that such punishments are barbaric, Shaykh Muhammad S. Al-Awa writes:
Shaykh Muhammad Abu Zahra, in his previously mentioned book [Al-Jarima wal-'Uqba, pp. 6-11], explains the aim of both Islamic law, as well as the sacred Jewish law contained in the Torah, is to achieve public security and peace for the community as well as the retribution for the criminal minority; accordingly, the necessary means for the attainment of this latter end were prescribed both in the Torah and the Qur'an. The second question concerns the law of pardon for offenders who repent and whether the punishment for Hirabah should be considered a dead letter because of this law. To answer this question, one should again bear in mind that this punishment, and indeed all the hudud punishments in the Islamic penal system, are prescribed mainly to protect society from crime. In order to achieve this purpose, Islamic law, while prescribing punishment for criminals, makes it possible for them to be pardoned when they realize the evil of their conduct and desire to mend their ways. This does not contradict the earlier quotation from Abu Zahra. While punishment may be withheld, provision must be made for all the injuries and harm resulting from the criminal's act. In this way, society does not lose anything. On the contrary, it gains a new member who, if he had not been given the chance to repent, forever would have been considered an outlaw. (El-Awa, Punishment in Islamic Law; US American Trust Publications, 1993, p. 13, emphasis added)
For further information on the Islamic Criminal Law, the reader may refer to the excellent article, Crime and Punishment in Islam. Other scholars explain the Islamic punishments by comparative means.
Shaykh Abdul Majid Daryabadi writes the following on verse 5:33:
Lest some of these penalties may appear 'barbarous' to some hypersensitive Western reader, let him cast a glance on 'drawing and quartering', a penalty of the English Criminal Code maintained as late as the 18th century, inflicted on those found guilty of high treason touching the king's person or government. The person committed was usually drawn on a sledge to the place of execution; there he was hung by the neck from a scaffold, being cut down and disemboweled, while still alive, his head was cut from his body and his corpse divided into four quarters. With the profession of their faith declared as high treason by law many Catholics of England and Ireland suffered this death. 'In this reign of Henry III and Edward I there is abundant evidence that death was the common punishment of felony; and this continued to be the law of the land as to treason and as to all felonies, except petty larceny, down to the year 1826' (Stephen, History of the Criminal Law of England, I. p. 458). In contemporary English law, robbery is larceny with violence; and the guilty is liable to penal servitude for life, and in addition, if a male, to be once privately whipped. The elements of the offence are essentially the same under American law (EBr. XIX. p. 346). (Daryabadi, The Glorious Qur’an, emphasis added)
In light of the above mentioned points, we can clearly reject any claims of this verse supporting "violence and warfare" as baseless. The textual context, historical context, legal context, and comparative analysis of this verse all demonstrate that this verse merely enjoins justice in return for grave offences, and by no means can support the lies of the Islam-haters.
5:33 The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter
The context of this verse itself will clear any negative perceptions against Islam. One cannot quote verse 5:33 without quoting verse 5:32 (prohibition of murder) and verse 5:34 (command to forgive). Let us examine the verse in its proper context:
5:32-34 ...If any one slew a person - unless it be as punishment for murder or for spreading corruption in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people. Then although there came to them Our apostles with clear signs, yet, even after that, many of them continued to commit excesses in the land. The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter; Except for those who repent before they fall into your power: in that case, know that Allah is Oft-forgiving, Most Merciful.
There are several points to note here. The first is the gravity of the offense. This is punishment for WAGING WAR against the Prophet of God and spreading evil and destruction. In modern terminology this would be considered "terrorism". This is a punishment for such a severe offense, hence the severity of the punishment. As Muhammad Asad writes on this verse:
The present participle la-musrifun indicates their "continuously committing excesses" (i.e., crimes), and is best rendered as "they go on committing" them. In view of the preceding passages, these "excesses" obviously refer to crimes of violence and, in particular, to the ruthless killing of human beings. (Asad, The Message of the Qur’an)
It is quite shocking to see how many Islam-haters will place this verse under the heading of "inciting Muslims to kill and wage war", whereas the verse commands nothing of this sort! In fact, it comes directly after a verse prohibiting murder and likening the unjust murder of a single individual to the slaughter of humanity. The Qur'an purposefully describes the gravity of the sin before describing the punishment. The crime of murder and committing terrorist activities is regarded as such a severe violation in Islam, that a severe retribution has been prescribed. Waging war against God's prophet is tantamount to waging war against Our Creator Himself. It is ironic that Islam-haters will present this verse to justify their claim that Islam supports terrorism, whereas Muslim scholars have always presented this verse as proof that Islam is vehemently opposed to terrorism. For example, the Islamic Fiqh Council of Saudi Arabia writes about this verse:
Obviously, in view of the enormity of such acts of aggression, which are viewed by the Shari'ah (Islamic law) as an act of war against the laws and the creatures of God, there is no stricter punishment anywhere in the manmade laws. (Islamic Fiqh Council of Saudi Arabia, Terrorism – Islam’s viewpoint, Muslim World League Journal, Jumad al-Ula 1423/July 2002 CE)
Is it logical to inform someone about a certain punishment without telling them about the crime? Yet, this is exactly what the enemies of Islam have done to deceive people into thinking Islam is a violent religion. They cite only verse 5:33 without verse 5:32 or verse 5:34, which brings us to our next point. God has prescribed multiple punishments in this verse using the word "or" between them, indicating various alternatives. The punishment depends on the circumstances and severity of the offence. As Muhammad F. Malik writes in his translation of this verse:
The punishment for those who wage war against Allah and His Rasool and strive to create mischief in the land is death or crucifixion or the cutting off their hands and feet from opposite sides or exile from the land (based on the gravity of their offence)... (Malik, Al-Qur'an: Guidance for Mankind)
Likewise, Abdullah Yusuf Ali comments:
For the double crime of treason against State, combined with treason against God, as shown by overt crimes, four alternative punishments are mentioned, any one of which is to be applied according to circumstances...except that tortures such as "hanging, drawing, and quartering" in English Law, and piercing of eyes and leaving the unfortunate victim exposed to a tropical sun, which was practiced in Arabia, and all such tortures were abolished. In any case sincere repentance before it was too late was recognized as grounds for mercy. (Yusuf Ali, The English Translation of the Holy Qur’an, emphasis added)
Indeed, the subsequent verse immediately states that this punishment is not for those who repent. For verily, God is Oft-Forgiving and Most Merciful. God's infinite Mercy is truly clear when one considers that God is willing to forgive these ruthless acts of terror that deserve such harsh punishments, so long as the offender sincerely repents to Allah, seeking His Pardon and True Guidance. The Muslim scholars have mentioned that whenever Allah warns us of a punishment, He always shows us a way out, a way to avoid the punishment. Many Muslim jurists also cite this verse in the case of punishment for Hirabah (armed robbery/highway robbery). In such instances, depending on the severity of the offence, the punishment is prescribed. When murder has been committed, then execution is prescribed as the punishment. Depending on the circumstances, the judge may choose a lesser punishment. The banishment mentioned in the verse has been interpreted by some schools of thought as imprisonment. The punishment of crucifixion has been mentioned in the verse, but many Muslim scholars have mentioned that they never have even heard of such punishment ever being prescribed. In fact, Imam Malik, the founder of the Maliki school of thought, when as ked about crucifixion, replied that he had never even heard of a single case in which crucifixion was prescribed as punishment for armed robbery. (see Al-Mudawwanah, vol. XV, p. 99).
In light of this fact, Shaykh Muhammad S. Al-Awa has said:
This observation of Malik's gives me the impression that this punishment was prescribed solely to deter the potential criminal. (El-Awa, Punishment in Islamic Law; US American Trust Publications, 1993, p. 11, emphasis added)
Concerning the argument that such punishments are barbaric, Shaykh Muhammad S. Al-Awa writes:
Shaykh Muhammad Abu Zahra, in his previously mentioned book [Al-Jarima wal-'Uqba, pp. 6-11], explains the aim of both Islamic law, as well as the sacred Jewish law contained in the Torah, is to achieve public security and peace for the community as well as the retribution for the criminal minority; accordingly, the necessary means for the attainment of this latter end were prescribed both in the Torah and the Qur'an. The second question concerns the law of pardon for offenders who repent and whether the punishment for Hirabah should be considered a dead letter because of this law. To answer this question, one should again bear in mind that this punishment, and indeed all the hudud punishments in the Islamic penal system, are prescribed mainly to protect society from crime. In order to achieve this purpose, Islamic law, while prescribing punishment for criminals, makes it possible for them to be pardoned when they realize the evil of their conduct and desire to mend their ways. This does not contradict the earlier quotation from Abu Zahra. While punishment may be withheld, provision must be made for all the injuries and harm resulting from the criminal's act. In this way, society does not lose anything. On the contrary, it gains a new member who, if he had not been given the chance to repent, forever would have been considered an outlaw. (El-Awa, Punishment in Islamic Law; US American Trust Publications, 1993, p. 13, emphasis added)
For further information on the Islamic Criminal Law, the reader may refer to the excellent article, Crime and Punishment in Islam. Other scholars explain the Islamic punishments by comparative means.
Shaykh Abdul Majid Daryabadi writes the following on verse 5:33:
Lest some of these penalties may appear 'barbarous' to some hypersensitive Western reader, let him cast a glance on 'drawing and quartering', a penalty of the English Criminal Code maintained as late as the 18th century, inflicted on those found guilty of high treason touching the king's person or government. The person committed was usually drawn on a sledge to the place of execution; there he was hung by the neck from a scaffold, being cut down and disemboweled, while still alive, his head was cut from his body and his corpse divided into four quarters. With the profession of their faith declared as high treason by law many Catholics of England and Ireland suffered this death. 'In this reign of Henry III and Edward I there is abundant evidence that death was the common punishment of felony; and this continued to be the law of the land as to treason and as to all felonies, except petty larceny, down to the year 1826' (Stephen, History of the Criminal Law of England, I. p. 458). In contemporary English law, robbery is larceny with violence; and the guilty is liable to penal servitude for life, and in addition, if a male, to be once privately whipped. The elements of the offence are essentially the same under American law (EBr. XIX. p. 346). (Daryabadi, The Glorious Qur’an, emphasis added)
In light of the above mentioned points, we can clearly reject any claims of this verse supporting "violence and warfare" as baseless. The textual context, historical context, legal context, and comparative analysis of this verse all demonstrate that this verse merely enjoins justice in return for grave offences, and by no means can support the lies of the Islam-haters.
