Overview (Verses 180 - 182)

Life Preservation through Retribution
This is achieved by providing strong deterrence, preventing further crimes from being committed. When a person knows for certain that the price he will pay for committing murder is his own life, he is more likely to stop and think before deciding to go ahead. Life is also preserved by giving satisfaction to the victim’s relatives in exacting justice on the offender, with the effect that they will neither seek, nor have the right to seek, further revenge on the offender’s family. In pre-Islamic Arabia the desire for vengeance knew no limits, leading to protracted wars and conflicts that continued for years on end — the notorious al-Basūs wars lasted, on and off, for forty years. There were other family, tribal and clan feuds in which vendettas and bloodshed continued for generations.

The law of just retribution promotes life in a wider and more comprehensive sense. Murder is an aggression on life and a criminal act against humanity as a whole. In preventing a single murder from being committed, the law upholds the inviolability of life as an absolute value. This is a far higher goal than saving the life of an individual or a group of people. It is a goal that enshrines life.

More importantly, the verse urges believers to reflect deeply on this matter and discover the wisdom behind the code, in order “that you may remain God-fearing”.

This is the real deterrent that can prevent murder being committed in the first instance, and stop vendettas being pursued endlessly. Without this measure of deterrence, no law can be successfully upheld and crime can never he effectively rooted out. Laws and regulations that lack such sensitivity, or do not evoke in people the fear and respect of an authority higher and more powerful than the human one, are inadequate and ineffective.

This explains the remarkably small number of cases in which capital punishment was carried out during the Prophet Muĥammad’s era and that of his early successors. In most of those cases, conviction was based on confessions voluntarily made by the offenders themselves. Fear and consciousness of God, taqwā, were evident in the public conscience which, together with enlightened and wise legislation, served as a most effective deterrent. Legal codes and regulations were supplemented by religious discipline, education and exhortation to produce a balanced and virtuous society, with clear concepts of responsibility and justice.

The renowned contemporary scholar, Abū al-Ĥasan `Alī Nadwī puts it thus:

If anyone ever succumbed to beastly urges and fell into error, even though unobserved, he would make a confession there of straightaway before the Prophet and undergo the severest punishment willingly to save himself from Divine Displeasure.
  The next piece of legislation introduced in the sūrah relates to personal wills: “It is prescribed for you, when death approaches any of you and he is leaving behind some property, to make bequests in favour of his parents and other near of kin in fairness. This is a duty incumbent on the God-fearing. If anyone alters a will after having come to know it, the sin of acting thus shall fall only on those who have altered it. God hears all and knows all. If however, one fears that the testator has committed a mistake or a wrong, and brings about a settlement between the parties concerned, he will incur no sin thereby. God is indeed much forgiving, merciful.” (Verses 180-182)
Before the revelation of the verses in Sūrah 5 specifying the exact share of inheritance due to each heir, it was an incumbent duty on Muslims to make a will in favour of parents and other near of kin. The Arabic term khayr, translated here as “property”, also means “good” and “goodness”, and some commentators interpret it to denote wealth generally.

Scholars differ, however, as to the minimum amount of wealth for which drawing up a will becomes obligatory. The majority view is that this is decided by convention. Assets ranging in value between sixty and a thousand dīnārs have been mentioned, but surely this must differ from one generation to another and from one society to another.

The Qur’ānic verses, 4: 11, 12 and 176, specifying shares for the distribution of inheritance were revealed at a later date than those under discussion here. Those verses make parents legally entitled to specific shares of their departed children’s wealth. Hence, no bequest by will may be made to them. The Prophet established the rule that no will may be made in favour of an heir. As for other relatives the present rule holds in general terms, except for relatives who are named as heirs in the relevant verses on inheritance in Sūrah 4. All other non-inheriting relatives may be included in a will. This is the view of a number of the Prophet’s Companions and their successors, to which we subscribe.

The provision of including non-inheriting relatives in one’s will is extremely perceptive because it benefits, in particular, those relatives who are not assigned a share or entitled to any inheritance. Providing for them through a will strengthens family ties and promotes the welfare of the family.

In this way equitable distribution of wealth is guaranteed: heirs are not wronged, and other relatives are not ignored. A will should be made combining moderation, kindness and benevolence. As an additional measure, the Prophet specified that a maximum of one-third, and preferably a quarter, of the inheritance may be bequeathed by will. This ensures that the rights of natural heirs are not unfavourably affected by the will. These legal measures are reinforced, as is the case with all social legislation in Islam, by a positive fear and consciousness of God Almighty.

Anyone having knowledge of the contents of a will who, after the death of the testator, gives himself the right to alter any of its details will be guilty of grave misconduct. The deceased would bear no blame for such unauthorized alteration. “If anyone alters a will after having come to know it, the sin of acting thus shall fall only on those who have altered it. God hears all and knows all.” (Verse 181) God will be the witness to the deceased’s innocence as well as to the guilt of those who tamper with the will, and He will deal with each of them accordingly.

There is, however, one exceptional situation in which an executor may amend the contents of a will. This arises when the executor realizes that the will favours some beneficiaries at the expense of others or that it prejudices one or more of the heirs. “If, however, one fears that the testator has committed a mistake or a wrong, and brings about a settlement between the parties concerned, he will incur no sin thereby. God is indeed much- Forgiving, Merciful.” (Verse 182) Here again, the action is closely linked to how conscientious and God-fearing the people involved are. This quality, as we saw earlier in our discussion of just retribution, is the basis of the Islamic concepts of justice and honesty, and of public responsibility in an Islamic society.