Al-Qalam (The Pen): (35) Shall We then make those who have believed like those who are criminals?

The meaning of the verse is that equating the obedient person with the disobedient one is not permissible. There are several issues concerning this verse.

Issue 1:

Al-Qadi (the Judge) said: This verse provides clear evidence that describing a person as a "Muslim" and a "criminal" are mutually exclusive descriptions. Since the sinner (fasiq) is a criminal, it must be that he is not a Muslim.

The Response: What the Almighty has rejected is making the Muslim like the criminal. It is certainly not intended to deny similarity in all aspects, as they are similar in essence (jawhariyyah), physicality, contingency, animality, and many other matters. Rather, the intent is to deny their equality in terms of Islam and crime, or in the consequences stemming from these two states. Alternatively, the intent is to deny that the consequence of the Muslim's Islam is equal to the consequence of the criminal's crime in the sight of God. This latter point is undisputed. So, how can this verse indicate that it is impossible for a single person to possess both the description of being a Muslim and a criminal simultaneously?

Issue 2:

Al-Jubba'i said: This verse indicates that the criminal will absolutely not enter Paradise. This is because the Almighty rejected the equalization between them. If both were to enter Paradise, then equalization in reward would occur. Indeed, perhaps the criminal's reward might even exceed that of the Muslim if the criminal lived longer than the Muslim and his acts of obedience were not nullified.

The Response: This view is weak because we have already explained that the verse does not prohibit equalization in any matter whatsoever. Rather, it prohibits equalization in the degree of reward. Perhaps they might be equal in some aspects, or perhaps the reward of the Muslim who never sinned might be greater than the reward of one who sinned. Furthermore, why should we not consider that the term "criminals" (al-mujrimun) refers to the disbelievers about whom God recounted this incident? This is because using the definite plural (with alif and lam) to refer to a previously known group is common in language and custom.

Issue 3:

Since God Almighty rejected the equalization between Muslims and criminals in reward, this indicates that what the People of the Sunnah narrate—that it is permissible for disbelievers to enter Paradise and the obedient to enter the Fire—is rationally reprehensible.

The Response: The Almighty rejected this equalization based on the principle of grace and favor (fadl and ihsan), not because anyone has a right or claim upon Him.

Know that when the Almighty stated, as a matter of incredulity, {Shall We then make those who have believed like those who are criminals?}, He followed this incredulity by shifting the address (using iltifat) and saying: {What is [the matter] with you? How [ill] you judge!}—referring to this crooked judgment.

Then He said:

{Or do you have a scripture that you study? Indeed, in it is for you whatever you choose.}