1.1.1 Birr
A structural analysis of Surat Al-Baqara reveals several important early references to Conciliation and then a sustained treatment of Conciliation in a text segment commencing at Q.2:177. After occasional references to fasād (disorder, corruption) by hypocrites at Q.2:11, fasād by mankind in general at Q.2:30 and the sowing of discord between married couples at Q.2:102, Surat Al-Baqara turns towards iṣlāḥ (reform) at Q.2:160. Further discussion on the important notions of fasād and iṣlāḥ in relation to Conciliation will follow in Chapter 2. After this at Q.2:177, the sura turns towards birr (dutiful conduct), a concept which I consider fundamental to the ensuing discourse on the teachings of the new religion, as I explain below. Further on, Q.2:224 explicitly demonstrates the essential connection between birr and Conciliation: birr is connected by al-wāw al-ʿaṭf (a conjunctive particle) with taqwā (God-consciousness) and iṣlāḥ bayn al-nās (conciliating between people). Q.2:224 even enjoins breaking otherwise sacrosanct oaths made to God, to allow Conciliation, highlighting its importance.
The initial reference to birr at Q.2:177 immediately draws the reader’s attention through a dramatic opening negation: laysa ‘l-birra (birr is not), immediately shifting focus away from the exoteric aspect of facing East or West in prayer and instead towards the esoteric aspects of faith, generosity, obedience, integrity and patience. This re-calibration prioritises core values over external acts, even essential conditions of worship. There is also what I consider an opening grammatical signal in Q.2:177 which alerts the reader to its foundational role in setting the tone for the ensuing Conciliation material. The particle laysa in Arabic grammar would normally take an ism marfūʿ (nominative case noun) and provide a khabar manṣūb (accusative case predicate). The unexpected naṣb (accusative case) on birra therefore draws attention to the essential notion of birr. Iṣlāḥī makes a similar point in relation to naṣb in the word ṣābirīn at Q.2:177 (vol.1, p.427); he describes this usage as ʿalā sabīl al-ikhtiṣāṣ (by way of distinction). A grammatical justification for the construct is the taqdīm (advancement) of birra, a khabar and therefore manṣūb, in order to highlight its strategic importance at this juncture in the narrative (there is, however, also a variant reading birru with rafʿ (nominative case)).
Al-Rāzī provides lengthy grammatical explanations for the naṣb, such as laysa acting as a present tense verb with birra as its object, although this is somewhat contradicted by the rafʿ (nominative case) in Q.2:189 which also follows laysa. He also considers whether the term laysa is a fiʿl (verb) or a ḥarf (particle). However, Al-Rāzī’s grammatical focus, and the lack of structural analysis in his methodology, distracts him from the essence of this verse. Only at the very end of his analysis of the term birr does he, eloquently but incredibly briefly, mention what in my view is the crucial exhortation in the verse: aʿmāl al-qulūb ashrafu ʿind Allāh min aʿmāl al-jawāriḥ (actions of the heart are more worthy before God than actions of the limbs). The phrase ʿalā ḥubbihī in Q.2:177 also indicates a test of internal state, negating the giving of wealth being regarded as a mere act of the limbs, and is discussed further where the same phrase recurs at Q.76:8 in Section 6.3.
Both Iṣlāḥī and Al-Rāzī’s commentaries agree that birr encompasses all forms of rewardable behaviour. However, Iṣlāḥī’s structural macro-analysis of Q.2:177 produces a radically different level of emphasis on the esoteric aspect of religion, which supports my analysis above. His commentary notably begins an entirely new structural and thematic text segment at Q.2:177 (vol.1, pp.420–30), with the first marginal summary opening his analysis with a heading stating dīn meḥeḍ chand rusūm o ẓawāhir ka nām nahīn (religion is not merely a few rituals and external acts). He continues his section summary by emphasising that religion encompasses all aʿmāl (acts) and akhlāq (character) which are deeply connected to life. His opening comment of the verse itself (p.421) defines birr as the fulfilment of rights, be they rights of God or His people. This definition highlights the underlying conciliatory theme of this verse, given that non-fulfilment of basic human needs is often a primary cause of disputes (Abu-Nimer, 2003, p.9, based on Burton 1990). Samḥān (2006, p.120) also concludes from his jurisprudential study that the fundamental importance of ṣulḥ agreements at the individual level lies in their consensual restoration of rights and the removal of mutual hostility between disputants. Despite Samḥān’s conclusion, however, as discussed later in Sections 1.2.1 and 5.3.2, concession of rights can also be an important means of achieving settlement.
Fulfilment of rights includes good relations with kin and others. After faith, the first rewardable act mentioned in Q.2:177 is generosity towards relatives, preceding even generosity to the destitute or mandatory acts of worship. Iṣlāḥī (vol.1, p.425) cites a ḥadīth that the best charity is spent on a close relation who holds enmity against the donor, emphasising its conciliatory effect. Q.4:36, further on in Group 1, also enjoins iḥsān (gracious conduct) towards parents, relations and then others, such as orphans, the destitute, neighbours, travellers and slaves, insisting that God does not like those who are haughty and arrogant. Iḥsān, and particularly with relatives, is an exceptionally important Conciliation concept, as shall be seen in Chapter 3 onwards. Birr too is mentioned again in Chapter 3, at Q.19:14 and Q.19:32, highlighting the exemplary character of the prophets John and Jesus in being dutiful to their parents, rather than being jabbāran (domineering, Abdel Haleem). Birr and iḥsān are thus complementary notions which emphasise good relations and humility in dealing with others, particularly with family members, clearly maintaining social cohesion.
Long-term conciliatory behaviour is particularly emphasised in Q.2:177 through a grammatical shift, from the use of verbs to the tense-less use of the grammatical fāʿil (actioner) to describe those who fulfil their agreements and are patient. Iṣlāḥī argues convincingly (vol.1, pp.427–29) that this shift indicates the performer’s kirdār (character), in contrast to his temporary action, the development of such character being the rūḥ (essence) of religion. Fulfilment of agreements for Iṣlāḥī constitutes the basis for the fulfilment of all rights and duties towards God and creation. He cites the memorable example of the Prophet’s return of Abū Jandal, a Muslim suffering persecution, to the Meccans immediately after the Treaty of Ḥudaybiya (see Al-Liḥyānī, 2007, p.45 and Section 5.2.2).
Following Q.2:177, birr features in a sustained fashion through the Group 1 suras, demonstrating the continuing importance of esoteric development. At Q.2:189 birr is again used to negate the adequacy of feigned external piety, in this case, the pre-Islamic custom of pilgrims entering their houses from the rear, and to again prioritise the esoteric state: wa lākinna ‘l-birra man ittaqā (rather, birr is that you have taqwā (God-consciousness)). Further on, Q.2:224 defines a trinity of key esoteric concepts: birr, taqwā and iṣlāḥ bayn al-nās. Collectively, these three notions provide what I would term a “Conciliation Relationship Triangle”. Birr regulates the individual’s own relationship with others, taqwā regulates the individual’s relationship with God, and iṣlāḥ bayn al-nās regulates the individual’s effect on relationships between others. After Q.2:224, birr features yet again at Q.3:92 in overcoming the love of wealth, in a different form at Q.3:193 in a prayer which indicates the importance of birr and similarly at Q.3:198 in relation to the attainment of Paradise, and even features as late as Q.5:2 where mutual assistance is commanded in attaining birr.
The emphasis of internal morality through the concept of birr in Q.2:177 provides an effective prelude for the immediately ensuing legal verses on Conciliation in relation to unlawful killing (Q.2:178–Q.2:179) and inheritance (Q.2:180–182). This collocation, like Q.2:224 above, binds birr and Conciliation emphatically, indicating that developing birr is essential preparation for exoteric Conciliation. As Hallaq (2009, p.57) notes, religious morality served in Islamic systems as an ‘effective and pervasive mechanism of self-rule’, conducive to informal mediation and dispute resolution. The juxtaposition of morality and law also highlights the ‘morality inherent in law itself’ (Berman, 1974, p.37).
The Qurʾanic discourse is inter-woven such that the above-mentioned Q.2:178–182 suspends the theoretical discussion of internal morality to address practical legal systems, before returning to a strong underlying moral emphasis when discussing ritual worship (see the Summary Table at the end of the chapter for more details). To maintain continuity in my argument, therefore, I will now depart somewhat from the sequential order of the text segments, dealing first with the esoteric emphasis in ritual worship at Q.2:183–203 and then the esoteric notion of entering ...