SURAH AL-MAA IDAH (AYA 31 to 40)

فَبَعَثَ اللَّهُ غُرَابًا يَبْحَثُ فِي الْأَرْضِ لِيُرِيَهُ كَيْفَ يُوَارِي سَوْءَةَ أَخِيهِ ۚ قَالَ يَا وَيلَتَا أَعَجَزْتُ أَنْ أَكُونَ مِثْلَ هَٰذَا الْغُرَابِ فَأُوَارِيَ سَوْءَةَ أَخِي ۖ فَأَصْبَحَ مِنَ النَّادِمِينَ {5:31}

[Q5:31] Faba'asal laahu ghuraabai yabhasu fil ardi liyuriyahoo kaifa yuwaaree sawata akheeh; qaala yaa wailataaa a'ajaztu an akoona misla haazal ghuraabi fa uwaariya saw ata akhee fa asbaha minan naadimeen.

[Q5:31] Then ALLAH (SWT) sent a crow digging up the earth so that he might show him how he should cover the dead body of his brother. He said: Woe me! Do I lack the strength that I should be like this crow and cover the dead body of my brother? So he became of those who regret.
[Q5:31] Kemudian ALLAH (SwT) hantarkan seekor burung gagak (menyuruhnya) mengorek-ngorek di bumi supaya diperlihatkan kepada (Qabil) bagaimana cara menimbus mayat saudaranya. (Qabil) berkata: Wahai celakanya aku! Alangkah lemah serta bodohnya aku, aku tidak tahu berbuat seperti burung gagak ini, supaya aku dapat menimbuskan mayat saudaraku? Kerana itu menjadilah dia dari golongan orang-orang yang menyesal.

HERE THE HOLY QUR’AN CORRECTS THE STORY GIVEN IN TALMUD that it was Adam who was instructed through the conduct of the Raven. SURELY ADAM WHO WAS EDUCATED BY ALLAH (SWT) HIMSELF THROUGH THE KNOWLEDGE OF ALL THINGS, COULD NOT HAVE BEEN IGNORANT OF SUCH AN ELEMENTARY THING, KNOWN TO A BIRD.

Ä  It was Cain the son of Adam, in his mental agony after slaying his brother, not knowing what to do with the body of his slain brother, was instructed through the bird.

THE REPENTANCE OF CAIN MENTIONED IN THIS VERSE does not relate to his slaying Abel BUT his self-condemnation for not knowing even that which the bird (raven) knew. HERE the murderer at least followed the example of the crow and buried the body of his brother murdered by him felt sorry. BUT THE PEOPLE WHO PROFESSED ISLAM did not hesitate in raiding the House of the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad) himself (i.e., the Ahlul Bait) and poisoning, killing, burning and plundering the Holy House and its godly inmates and faithful devotees of the Holy Family though the crimes were pricking the brutes to the end of their lives YET they did not give up their rebellious tendencies and their practices. ON THE CONTRARY ATTEMPTS ARE CONTINUED TO THIS DAY TO MAKE EXCUSES TO JUSTIFY THE BRUTALITY IN THE EARLY DAYS OF ISLAM AFTER THE HOLY PROPHET (ALLAHuma sali ala Muhammad wa ala ali Muhammad)

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(5:31) Thereupon Allah sent forth a raven who began to scratch the earth to show him how he might cover the corpse of his brother. So seeing he cried: 'Woe unto me! Was I unable even to be like this raven and find a way to cover the corpse of my brother? *51 Then he became full of remorse at his doing. *52

*51. In this way God made this errant son of Adam realize his ignorance and folly. Once his attention turned to self-appraisal, his regret was not confined to realizing that in his effort to hide his brother's corpse he proved to be even less efficient than the raven. He also began to feel how foolish he was to have killed his own brother. The later part of the sentence indicates this remorse. 
*52.The purpose of mentioning this particular incident is to reproach the Jews subtly for the plot they had hatched to assassinate the Prophet (peace be on him) and some of his illustrious Companions (see n. 30 above). The resemblance between the two incidents is evident. God honoured some of the illiterate people of Arabia and disregarded the ancient People of the Book because the former were pious while the latter were not. But rather than reflect upon the causes of their rejection by God, and do something to overcome the failings which had led to that rejection, the Israelites were seized by the same fit of arrogant ignorance and folly which had once seized the criminal son of Adam, and resolved to kill those whose good deeds had been accepted by God. It was obvious that such acts would contribute nothing towards their acceptance by God. They would rather earn them an even greater degree of God's disapproval. 

مِنْ أَجْلِ ذَٰلِكَ كَتَبْنَا عَلَىٰ بَنِي إِسْرَائِيلَ أَنَّهُ مَنْ قَتَلَ نَفْسًا بِغَيْرِ نَفْسٍ أَوْ فَسَادٍ فِي الْأَرْضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا وَمَنْ أَحْيَاهَا فَكَأَنَّمَا أَحْيَا النَّاسَ جَمِيعًا ۚ وَلَقَدْ جَاءَتْهُمْ رُسُلُنَا بِالْبَيِّنَاتِ ثُمَّ إِنَّ كَثِيرًا مِنْهُمْ بَعْدَ ذَٰلِكَ فِي الْأَرْضِ لَمُسْرِفُونَ {5:32}

[Q5:32] min ajli zaalika katabnaa 'alaa Banee Israaa'eela annahoo man qatala nnafsam bighairi nafsin aw fasaadin fil ardi faka annnamaa qatalan fil ardi faka annammaa qatalan naasa jamee'anw wa man ahyaahaa faka annamaaa ahyan naasa jamee'aa; wa laqad jaaa'at hum Rusulunaa bilbaiyinaati summa inna kaseeram minhum ba'da zaalika fil ardi lamusrifoon. 
[Q5:32] For this reason did We prescribe to the children of Israel that whoever slays a soul, unless it be for manslaughter or for mischief in the land, it is as though he slew all men; and whoever keeps it alive, it is as though he kept alive all men; and certainly Our messengers came to them with clear arguments, but even after that many of them certainly act extravagantly in the land.

[Q5:32] Dengan sebab (kisah pembunuhan kejam) yang demikian itu kami tetapkan atas Bani Israil, bahawasanya sesiapa yang membunuh seorang manusia dengan tiada alasan yang membolehkan membunuh orang itu atau (kerana) melakukan kerosakan di muka bumi, maka seolah-olah dia telah membunuh manusia semuanya dan sesiapa yang menjaga keselamatan hidup seorang manusia, maka seolah-olah dia telah menjaga keselamatan hidup manusia semuanya dan demi sesungguhnya, telah datang kepada mereka Rasul-rasul kami dengan membawa keterangan yang cukup terang; kemudian, sesungguhnya kebanyakan dari mereka sesudah itu, sungguh-sungguh menjadi orang-orang yang melampaui batas (melakukan kerosakan) di muka bumi. 

MURDER OF AN INDIVIDUAL HAS BEEN COMPARED TO "KILLING ALL HUMANITY", IN ORDER TO LAY EMPHASIS ON THE ESTABLISHMENT OF PEACE AND HARMONY ON THE EARTH.

r  Keeping this verse and the preceding verse in view the conduct of the so-called followers of the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad) has to be condemned and cursed, who, [1] immediately after his departure from this world, raided the house of Ali and Fatimah's and set it on fire; and afterwards [2] killed Imam Hasan, and [3] murdered Imam Husayn together with other members of the holy house and their friends and followers, and [4] put to death all the holy Imams in the progeny of the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad) till the last Imam Muhammad al Mahdi had to go from among them by the command of ALLAH (SWT). BESIDES THIS the followers of the holy Imams had been persecuted and murdered by the khalifatul muslimin and their agents in every age, and still the persecution and killing continue.

In the time of the first caliph, Khalid bin Walid **killed Malik ibn Nuwayra, **raped his wife, and **murdered all the men, women and children of his tribe in one single night and burned their bodies to cook food for his army. 

©  TO RIDICULE THE DIVINE DECLARATION IN THESE VERSES ALL THESE ATROCITIES WERE DESCRIBED AS THE RESULT OF KHATA AL IJTIHADI (ERROR OF JUDGEMENT) SO AS TO SET THE PATTERN WHICH DESPOT AFTER DESPOT FOLLOWED TO ANNIHILATE THE DESCENDANTS OF THE HOLY PROPHET (ALLAHUMA SALI ALA MUHAMMAD WA ALA ALI MUHAMMAD) AND THEIR FOLLOWERS.

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(5:32) Therefore We ordained for the Children of Israel *53 that he who slays a soul unless it be (in punishment) for murder or for spreading mischief on earth shall be as if he had slain all mankind; and he who saves a life shall be as if he had given life to all mankind. *54 And indeed again and again did Our Messengers come to them with clear directives; yet many of them continued to commit excesses on earth.

*53.Since the same qualities which had been displayed by the wrong doing son of Adam were manifest in the Children of Israel, God strongly urged them not to kill human beings and couched His command in forceful terms. It is a pity that the precious words which embody God's ordinance are to be found nowhere in the Bible today. The Talmud, however, does mention this subject in the following words: To him who kills a single individual of Israel, it shall be reckoned as if he had slain the whole race and he who preserves a single individual of Israel, it shall be reckoned in the Book of God as if he had preserved the whole world. The Talmud also mentions that in trials for murder, the Israelite judges used to address the witnesses as follows: Whoever kills one person, merits punishment as if he had slain all the men in the world. 
*54. This means that the survival of human life depends on everyone respecting other human beings and in contributing actively to the survival and protection of others. Whosoever kills unrighteously is thus not merely guilty of doing wrong to one single person, but proves by his act that his heart is devoid of respect for human life and of sympathy for the human species as such. Such a person, therefore, is an enemy of all mankind. This is so because he happens to be possessed of a quality which, were it to become common to all men, would lead to the destruction of the entire human race. The person who helps to preserve the life of even one person, on the other hand, is the protector of the whole of humanity, for he possesses a quality which is indispensable to the survival of mankind. 

إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا أَنْ يُقَتَّلُوا أَوْ يُصَلَّبُوا أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُمْ مِنْ خِلَافٍ أَوْ يُنْفَوْا مِنَ الْأَرْضِ ۚ ذَٰلِكَ لَهُمْ خِزْيٌ فِي الدُّنْيَا ۖ وَلَهُمْ فِي الْآخِرَةِ عَذَابٌ عَظِيمٌ {5:33}

[Q5:33] Innamaa jazaaa'ul lazeena yuhaariboonal laaha wa Rasoolahoo wa yas'awna fil ardi fasaadan ai yuqattalooo aw yusallabooo aw tuqatta'a aideehim wa arjuluhum min khilaafin aw yunfaw minalard; zaalika lahum khizyun fid dunyaa wa lahum fil Aakhirati 'azaabun 'azeem. 
[Q5:33] The punishment of those who wage war against ALLAH (SWT) and His messenger and strive to make mischief in the land is only this, that they should be murdered or crucified or their hands and their feet should be cut off on opposite sides or they should be imprisoned; this shall be as a disgrace for them in this world, and in the hereafter they shall have a grievous chastisement,

[Q5:33] Hanyasanya balasan orang-orang yang memerangi ALLAH (SwT) dan RasulNya serta melakukan bencana kerosakan di muka bumi ialah dengan dibalas bunuh (kalau mereka membunuh sahaja dengan tidak merampas) atau dipalang (kalau mereka membunuh dan merampas), atau dipotong tangan dan kaki mereka bersilang (kalau mereka merampas sahaja), atau dibuang negeri (kalau mereka hanya mengganggu ketenteraman umum). Hukuman yang demikian itu adalah suatu kehinaan di dunia bagi mereka dan di akhirat kelak mereka beroleh azab seksa yang amat besar. 

THOSE WHO WAGE WAR *AGAINST ALLAH (SWT) AND *HIS PROPHET, *KILL THE BELIEVERS AND *PLUNDER THEIR PROPERTY SHALL BE DISGRACED IN THIS WORLD, AND FOR THEM IS A DREADFUL DOOM IN THE HEREAFTER.

v  Refer to the commentary of al Baqarah 2:48, 97 and 98 and the preceding verse to know how the so-called followers of the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad) waged war against the holy house of the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad) and committed heinous crimes while carrying out their ugly plan to eliminate them forever. No doubt they have been disgraced in this world (all the sincere believers curse and condemn them), and they shall be severely punished on the day of judgement.

WAGING WAR AGAINST **ALLAH (SWT) AND **HIS PROPHET means [1] Hostility against His chosen representatives; OR [2] Deviation from His laws by overstepping the boundaries laid down by Him; OR [3] Letting loose a reign of terror to persecute and frighten innocent people in order to deprive them of their rights; OR [4] Attempts to undermine the cause of Islam and the overall interests of the Muslims; OR [5] Activities to enslave, exploit and destroy human beings.

Ì  ALLAH (SWT) FORGIVES ONLY THOSE WHO TURN REPENTANT TO HIM BEFORE THEY ARE PROVED GUILTY OF THE CRIME.

THE PUNISHMENT HERE IS GRADED TO BE METED OUT ACCORDING TO THE GRAVITY OF THE CRIME.

1.        Those who wage war against ALLAH (SWT) AND kill the believers AND plunder their belongings are to be killed or crucified.

2.        Those who do not plunder BUT only kill were only to be killed.

3.        Those who only plunder WITHOUT killing are to have their opposite hands and feet cut off.

4.        And those who ONLY wage war are to be banished from the land.

THE MAIN OBJECT OF ISLAM IS THAT PEACE SHOULD BE MAINTAINED with punishment to the offenders, tempered with justice and reasoning.

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(5:33) Those who wage war against Allah and His Messenger, and go about the earth spreading mischief *55 -indeed their recompense is that they either be done to death, or be crucified, or have their hands and feet cut off from the opposite sides or be banished from the land. *56 Such shall be their degradation in this world; and a mighty chastisement lies in store for them in the World to Come

*55. The 'land' signifies either the country or territory wherein the responsibility of establishing law and order has been undertaken by an Islamic state. The expression 'to wage war against Allah and His Messenger' denotes war against the righteous order established by the Islamic state. It is God's purpose, and it is for this very purpose that God sent His Messengers, that a righteous order of life be established on earth; an order that would provide peace and security to everything found on earth; an order under whose benign shadow humanity would be able to attain its perfection; an order under which the resources of the earth would be exploited in a manner conducive to man's progress and prosperity rather than to his ruin and destruction. If anyone tried to disrupt such an order, whether on a limited scale by committing murder and destruction and robbery and brigandry or on a large scale by attempting to overthrow that order and establish some unrighteous order instead, he would in fact be guilty of waging war against God and His Messenger. All this is not unlike the situation where someone tries to overthrow the established government in a country. Such a person will be convicted of 'waging war against the state' even though his actual action may have been directed against an ordinary policeman in some remote part of the country, and irrespective of how remote the sovereign himself is from him. 
*56. These penalties are mentioned here in brief merely to serve as guidelines to either judges or rulers so they may punish each criminal in accordance with the nature of his crime. The real purpose is to indicate that for any of those who live in the Islamic realm to attempt to overthrow the Islamic order is the worst kind of crime, for which any of the highly severe punishments may be imposed. 

إِلَّا الَّذِينَ تَابُوا مِنْ قَبْلِ أَنْ تَقْدِرُوا عَلَيْهِمْ ۖ فَاعْلَمُوا أَنَّ اللَّهَ غَفُورٌ رَحِيمٌ {5:34}

[Q5:34] Illal lazeena taaboo min qabli an taqdiroo 'alaihim fa'lamooo annnal laaha Ghafoorur Raheem. 

[Q5:34] Except those who repent before you have them in your power; so know that ALLAH (SWT) is Forgiving, Merciful.
[Q5:34] Kecuali orang-orang yang bertaubat sebelum kamu dapat menangkapnya, (mereka terlepas dari hukuman itu). Maka ketahuilah, bahawasanya ALLAH (SwT) Maha Pengampun, lagi Maha Mengasihani.

ALLAH (SWT) FORGIVES ONLY THOSE WHO TURN REPENTANT TO HIM BEFORE THEY ARE PROVED GUILTY OF THE CRIME.

 (see commentary for verse 33)

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(5:34) except for those who repent before you have overpowered them. Know well that Allah is All-Forgiving, All-Compassionate. *57

*57. If they give up subversion and abandon their endeavour to disrupt or overthrow the righteous order, and their subsequent conduct shows that they have indeed become peace-loving, law-abiding citizens of good character, they need not be subjected to the punishments mentioned here even if any of their former crimes against the state should come to light. If their crime involves violation of the rights of other men they may not be absolved from their guilt. If, for instance, they have either killed a person, seized someone's property or committed any other crime against human life or property they will be tried according to the criminal law of Islam. They will not, however, be accused of either rebellion and high treason or of waging war against God and His Messenger. 

SECTION 6

Penal Regulations against offenders

To seek means to approach ALLAH---To strive in the way of ALLAH---Hypocrisy of the Jews.

يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَابْتَغُوا إِلَيْهِ الْوَسِيلَةَ وَجَاهِدُوا فِي سَبِيلِهِ لَعَلَّكُمْ تُفْلِحُونَ {5:35}

[Q5:35] yaaa aiyuhal lazeena aamanut taqul laaha wabtaghooo ilaihil waseelata wa jaahidoo fee sabeelihee la'allakum tuflihoon. 
[Q5:35] O you who believe! Be careful of (your duty to) ALLAH (SWT) and seek means of nearness to Him and strive hard in His way that you may be successful.

[Q5:35] Wahai orang-orang yang beriman! Bertakwalah kepada ALLAH (SwT) dan carilah yang boleh menyampaikan kepadaNya (dengan mematuhi perintahNya dan meninggalkan laranganNya); dan berjuanglah pada jalan ALLAH (SwT) (untuk menegakkan Islam) supaya kamu beroleh kejayaan. 

‘WASILAH’ IS A MEANS OF ACCESS TO A THING OR A BEING.

IF ALLAH (SWT) HAD WILLED HE COULD HAVE GUIDED MANKIND DIRECTLY THROUGH INSPIRATION, BUT in His infinite wisdom, He had not deemed it desirable. [*] He selected and appointed His representatives to convey His message and laws to people and [*] administer their affairs in every age.

±  Please refer to the commentary of al Baqarah 2:2 to 5, 30 to 38, 48, and 124 to know that the Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad) and his Ahlul Bayt are the only means of approach to ALLAH (SWT).

THUS “WASILAH” OR MEANS OF ACCESS TO ALLAH (SWT) IS TO FAITHFULLY FOLLOW **THE HOLY PROPHET (ALLAHUMA SALI ALA MUHAMMAD WA ALA ALI MUHAMMAD) AND **THE HOLY IMAMS OF HIS HOLY HOUSE, WHO HAVE BEEN THOROUGHLY PURIFIED BY ALLAH (SWT) (AHZAB 33:33).

Ø  The Holy Prophet (ALLAHuma sali ala Muhammad wa ala ali Muhammad) said:

°          "I and Ali are from one divine light."

°          "I will soon be called back, so I will have to go away from you, but I leave behind, amid you, the thaqalayn (two weighty indispensable influential authorities), the book of ALLAH (SWT) and my Ahlul Bayt. Should you be attached to these two, never, never shall you go astray, after me, for verily these two will never be separated from each other; and, joined together, they shall meet me at the spring of Kawthar."

°          "My Ahl ul Bayt amongst you are like the ark of Nuh. He who sails on it will be safe; but he who holds back shall be drowned and lost."

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(5:35) Believers! Fear Allah and seek the means to come near to Him, *58 and strive hard in His way; *59 maybe you will attain true success.

*58. People are urged to solicit all means which might bring them close to God and enable them to please Him. 
*59. The English imperative 'strive hard' does not do full justice to the actual word used in the Qur'an: jahidu. The verbal form mujahadah signifies and carries the nuance of doing something in defiance of, or in opposition to someone. The true sense of the Qur'anic injunction 'strive hard' in the way of Allah is THAT THE MUSLIMS OUGHT TO USE ALL THEIR STRENGTH AND ENGAGE IN VIGOROUS STRUGGLE AGAINST THOSE FORCES WHICH EITHER FORCEFULLY PREVENT THEM FROM LIVING IN OBEDIENCE TO GOD OR FORCE THEM TO LIVE IN OBEDIENCE TO OTHERS THAN GOD. It is this struggle which is likely to lead man to his true success and bring him to a close relationship with God.
This verse directs the believer to engage in a ceaseless, multifrontal struggle. On one side is the accursed Satan with his horde. Then comes the animal spirit of man, with its defiant and refractory desires. Then there are many men who have turned away from God, but with whom one is linked by social, cultural and economic ties. Then there are false religious, cultural and social systems which rest on rebellion against God and which force man to worship falsehood rather than Truth. These rebellious forces use different means to achieve their end, but those ends are always the same - to make men serve them rather than God. But man's true progress and his attainment of close communion with God depends entirely on his total obedience to God, on his serving God unreservedly in the inner as well as in the external aspects of his life. He cannot achieve this objective without engaging in simultaneous combat with all the forces which are defiant and rebellious towards God, carrying on an unceasing struggle against them and trampling down all obstructions to his advancement along God's path. 

إِنَّ الَّذِينَ كَفَرُوا لَوْ أَنَّ لَهُمْ مَا فِي الْأَرْضِ جَمِيعًا وَمِثْلَهُ مَعَهُ لِيَفْتَدُوا بِهِ مِنْ عَذَابِ يَوْمِ الْقِيَامَةِ مَا تُقُبِّلَ مِنْهُمْ ۖ وَلَهُمْ عَذَابٌ أَلِيمٌ {5:36}

[Q5:36] Innal lazeena kafaroo law anna lahum maa fil ardi jamee'anw wa mislahoo ma'ahoo liyaftadoo bihee min 'azaabi Yawmil Qiyaamati maa tuqubbila minhum wa lahum azaabun aleem. 

[Q5:36] Surely (as for) those who disbelieve, even if they had what is in the earth, all of it, and the like of it with it, that they might ransom themselves with it from the punishment of the day of resurrection, it shall not be accepted from them, and they shall have a painful punishment.

[Q5:36] Sesungguhnya orang-orang yang kafir, kalau (tiap-tiap seorang dari) mereka mempunyai segala yang ada di muka bumi atau sebanyak itu lagi bersamanya, untuk mereka menjadikannya penebus diri mereka dari azab seksa hari kiamat, nescaya tebusan itu tidak akan diterima dari mereka dan mereka akan beroleh azab seksa yang tidak terperi sakitnya. 

All the riches of the world, and two times more, shall be of no use if the disbelievers offer it as ransom on the day of judgement to save themselves from the painful punishment of the fire wherein they shall abide for ever.

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(5:36) For those who disbelieved - even if they had all that is in the earth, and the like of it with it, and offered it all as ransom from chastisement on the Day of Resurrection, it will not be accepted of them - a painful chastisement lies in store for them.

يُرِيدُونَ أَنْ يَخْرُجُوا مِنَ النَّارِ وَمَا هُمْ بِخَارِجِينَ مِنْهَا ۖ وَلَهُمْ عَذَابٌ مُقِيمٌ {5:37}

[Q5:37] Yureedoona ai yakhrujoo minan Naari wa maa hum bikhaari jeena minhaa wa lahum 'azaabum muqeem. 

[Q5:37] They would desire to go forth from the fire, and they shall not go forth from it, and they shall have a lasting punishment.
[Q5:37] Mereka sentiasa berharap hendak keluar dari api Neraka itu, padahal mereka tidak sekali-kali akan dapat keluar daripadanya dan bagi mereka azab seksa yang tetap kekal. 

(see commentary for verse 36)

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(5:37) They will wish to come out of the Fire, but they will not. Theirs will be a long-lasting chastisement.

وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا جَزَاءً بِمَا كَسَبَا نَكَالًا مِنَ اللَّهِ ۗ وَاللَّهُ عَزِيزٌ حَكِيمٌ {5:38}

[Q5:38] Wassaariqu qassaariqatu faqta'oo aidiyahumma jazaaa'am bimaa kasabaa nakaalam minal laah; wallaahu 'Azeezun hakeem. 

[Q5:38] And (as for) the man who steals and the woman who steals, cut off their hands as a punishment for what they have earned, an exemplary punishment from ALLAH (SWT); and ALLAH (SWT) is Mighty, Wise.
[Q5:38] Dan orang lelaki yang mencuri dan orang perempuan yang mencuri maka (hukumnya) potonglah tangan mereka sebagai satu balasan dengan sebab apa yang mereka telah usahakan, (juga sebagai) suatu hukuman pencegah dari ALLAH (SwT) dan (ingatlah) ALLAH (SwT) Maha Kuasa, lagi Maha Bijaksana. 

Next to [1] HIGH MORAL EDUCATION and [2] DEEP RELIGIOUS UPBRINGING, IT IS FEAR OF CONSEQUENCES, as experience proves, that keeps in check the tendency to steal and thieve.

§  Adultery destroys purity of character and rends asunder the peace and harmony of human society.

§  Thievery upsets the social and economic structure of the social life of a community.

IT SNATCHES AWAY HAPPINESS FROM THE PEOPLE AND EXPOSES THEM TO MISERY. THEREFORE, THESE TWO CRIMES HAVE BEEN PARTICULARLY UNDERLINED FOR SEVERE PUNISHMENT. THE PENALTY PRESCRIBED IN THIS VERSE IS A DIVINE STATUTE, AND IS NOT TO BE TAKEN LIGHTLY. Adultery and thievery are the "hallmark" of modern (so-called) civilised nations. They have failed to keep these crimes in check BECAUSE they do not agree with the injunctions prescribed by Islam. ONE DAY they will be destroyed by adultery and thievery if not by their nuclear weapons.

CUTTING OFF OF THE HANDS OF THE THIEF, MIGHT SOUND TO BE AS HEARTLESS AND BARBAROUS BUT it makes the individual * amend the criminal attitude to life, AND THE **gravity or the seriousness of the punishment makes the new entrants to the criminal trait, immediately return to conscientious thinking.

If one compares the number of crimes like adultery and theft, committed in the olden days when such offences were treated by such drastic steps, and in the modern days of the modern laws, *one will be convinced that such severe laws, could wipe out or at least control, these major crimes effectively.

·         No amount of the kind of the imprisonment in the modern jails with the modern amenities giving the criminals with better living than in their own homes, can ever effectively or quickly reform the criminal attitude of the seasoned delinquents in the society.

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(5:38) As for the thief -male or female - cut off the hands of both. *60 This is a recompense for what they have done, and an exemplary punishment from Allah. Allah is All-Mighty, All-Wise.

*60. The injunction is to cut off one not both hands. There is consensus among jurists that in the event of the first theft the right hand should be cut off. This punishment has been laid down for theft alone. The Prophet (peace be on him) declared: "There is no cutting off of a hand for he who embezzles.' (Abu Da'ud, 'Hudud', 14; Tirmidhi, 'Hudud', 18; Ibn Majah, 'Hudud', 36; Nasa'i, 'Qat' al-Sariq', 13 - Ed.) This shows that the punishment prescribed for theft does not cover acts involving embezzlement and other dishonest practices. It is applicable only to acts involving the seizure, by stealth, of someone else's property.
The Prophet (peace be on him) also instructed that the punishment of cutting off a hand should not be applied in cases where the value of the article stolen is less than that of a shield. In the time of the Prophet (peace be on him) according to a tradition from Ibn 'Abbas, this was ten dirhams; according to a tradition from Ibn 'Umar, it was three dirhams; according to a tradition from Anas b. Malik, it was five dirhams; and according to another tradition from 'A'ishah, it was a quarter of a dinar. Owing to this discrepancy, there is disagreement among jurists regarding the minimum value of the goods stolen which merits the punishment of cutting off a hand. This value, according to Abu Hanifah, is ten dirhams whereas according to Malik, Shafi'i and Ahmad b. Hanbal, it is one quarter of a dinar (three dirhams). (For traditions on objects and amounts of things on which the hand of the thief is to be cut off, see Bukhari, 'Hudud', 13; Muslim, 'Hudud', 1-7; Abu Da'ud, 'Hudud', 12, 13; Tirmidhi, 'Hudud', 16; Nasa'i, 'Qat' al-Sariq', 5, 8-10 - Ed.)
Moreover, there are several things the theft of which would not necessitate cutting off a hand. The Prophet (peace be on him) directed, for instance, that no hand should be cut off if the stolen article was food. According to a tradition from 'A'ishah: '(The hand of) the thief was not cut off during the time of the Messenger of Allah for the theft of trivial things.' (Ahmad b. Hanbal, Musnad, vol. 3, p. 464; Darimi, 'Hudud', 4, 7 - Ed.) Furthermore, 'Ali and 'Uthman gave the judgement - and none of the Companions disagreed with it - that a person's hand should not be cut off for stealing birds. 'Umar and 'Ali did not cut off the hands of those who had stolen from the public treasury, and on this question no disagreement on the part of any Companion has been reported. On these grounds the founders of the schools of Islamic Law exempted certain things from the application of this penal injunction.
According to Abu Hanifah a man's hand should not be cut off for stealing vegetables, fruit, meat, cooked food, grain which is not stored in a barn, and instruments of music and play. Likewise, he is of the opinion that a hand should not be cut off for either stealing animals grazing in the forest or for stealing from the public treasury. The founders of the other schools of Islamic Law have also exempted the stealing of certain things from the punishment of cutting off a hand. But this exemption does not mean that the guilty parties should receive no punishment at all. (See the commentaries of Ibn Kathir, Ibn al-'Arabi, Qurtubi and Jassas on this verse. See also Ibn Rushd, Bidayat al-Mujtahid, vol. 2, pp. 441 ff. - Ed.) 

فَمَنْ تَابَ مِنْ بَعْدِ ظُلْمِهِ وَأَصْلَحَ فَإِنَّ اللَّهَ يَتُوبُ عَلَيْهِ ۗ إِنَّ اللَّهَ غَفُورٌ رَحِيمٌ {5:39}

[Q5:39] Faman taaba mim ba'di zulmihee wa aslaha fa innal laaha yatoobu 'alaih; innal laaha Ghafoorur Raheem.
[Q5:39] But whoever repents after his iniquity and reforms (himself), then surely ALLAH (SWT) will turn to him (mercifully); surely ALLAH (SWT) is Forgiving, Merciful.

[Q5:39] Maka sesiapa yang bertaubat sesudah dia melakukan kejahatan (curi) itu dan memperbaiki amal usahanya, sesungguhnya ALLAH (SwT) menerima taubatnya; kerana ALLAH (SwT) Maha Pengampun, lagi Maha Mengasihani.

THE REPENTANCE on the part of the criminal, after his being caught, DOES NOT EXEMPT him from the prescribed punishment. BUT IF the criminal repents and amends before he gets into the grip of the law a pardon can desirably be expected.

Refer to verse 34 of this surah.

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(5:39) But he who repents after he has committed wrong, and makes amends, Allah will graciously turn to him. *61 Truly Allah is All-Forgiving, All-Compassionate.

أَلَمْ تَعْلَمْ أَنَّ اللَّهَ لَهُ مُلْكُ السَّمَاوَاتِ وَالْأَرْضِ يُعَذِّبُ مَنْ يَشَاءُ وَيَغْفِرُ لِمَنْ يَشَاءُ ۗ وَاللَّهُ عَلَىٰ كُلِّ شَيْءٍ قَدِيرٌ {5:40}

[Q5:40] Alam ta'lam annal laaha lahoo mulkus samaawaati wal ardi yu'az zibu many-yashaa'u wa yaghfiru limany-yashaaa'; wallaahu 'alaa kulli shai'in Qadeer.
[Q5:40] Do you not know that ALLAH (SWT) -- His is the kingdom of the heavens and the earth; He chastises whom He pleases; and forgives whom He pleases and ALLAH (SWT) has power over all things.

[Q5:40] Tidakkah engkau mengetahui bahawa ALLAH (SwT) menguasai pemerintahan langit dan bumi? Dia menyeksakan sesiapa yang dikehendakiNya (menurut aturan dan hukum SyariatNya), dan mengampunkan sesiapa yang dikehendakiNya (menurut aturan dan hukum SyariatNya). Dan (ingatlah) ALLAH (SwT) Maha Kuasa atas tiap-tiap sesuatu. 

Refer to the commentary of al Baqarah 2:255 FOR ALLAH (SWT)'S DOMINION OF THE HEAVENS AND THE EARTH.

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(5:40) Do you not know that to Allah belongs the dominion of the heavens and the earth? He chastises whom He wills and forgives whom He wills. Allah is All-Powerful.

*61. Forgiveness on the part of Allah does not mean that the hand of the thief should not be cut off. It means rather that one who repents and becomes righteous by purging his soul of the sin of stealing will be spared the wrath of God, Who will remove the stain of that sin from him. But if after his hand has been cut off the person concerned does not purge himself of evil intent and continues to nurture the same impure feelings which led to his stealing and thus to the cutting off of his hand, it is evident that even though his hand has been severed from his body, stealing remains ingrained in his soul. The result will be that he will continue to merit God's wrath as he did before his hand was cut off. The Qur'an therefore directs the thief to seek pardon from God and to try to reform himself. For the hand of that thief was cut off for the sake of the judicious administration of human society and the cutting off of a hand did not automatically purify the soul of the person on whom the punishment was carried out. Purity of soul can be achieved only by repentance and turning oneself to God. Traditions mention that after the hand of a thief had been cut off in compliance with the Prophet's order, he was summoned by the Prophet (peace be on him) himself who said to him: 'Say: "I seek pardon from God, and to Him do I turn in repentance.'" The thief uttered these words as directed by the Prophet (peace be on him) who then prayed for the thief, saying: 'O God, accept his repentance.' (Abu Da'ud, 'Hudud', 8 - Ed.)