Testament, as one of the cornerstones of Islamic legal and ethical systems, plays a special role in organizing social and financial relations after death. Verse 181 of Surah Al-Baqarah, with its sage articulation, addresses the responsibilities concerning the preservation of the trust of a will and the consequences of altering or distorting it, presenting profound challenges in the fields of jurisprudence, ethics, and sociology. This exegesis, with a comprehensive and scholarly approach, elaborates on the various dimensions of this verse, providing a constructive critique of judicial and social systems. The aim of this writing is to present a systematic and academic analysis, which serves as a valuable resource for researchers in Islamic studies and those with higher education in related fields.
Testament in Islamic law is a tool through which a person arranges part of their property and affairs after their death. This legal institution not only facilitates the equitable distribution of wealth but also promotes trustworthiness and adherence to ethical principles. Verse 181 of Surah Al-Baqarah, as part of the verses related to inheritance and testament, emphasizes the importance of preserving this trust.
Key Point: Testament is a manifestation of human trustworthiness regarding divine ownership. The Qur'anic principle "To Allah belongs whatever is in the heavens and on the earth" signifies that humans are merely trustees of property, and any deviation in the execution of the will constitutes a breach of this trust.
Arabic Text: فَمَنْ بَدَّلَهُ بَعْدَ مَا سَمِعَهُ فَإِنَّمَا إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ ۚ إِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ
Translation: Whoever alters the will after hearing it, the sin of this act rests solely upon those who make the alteration. Indeed, Allah is All-Hearing, All-Knowing.
This verse explicitly condemns altering the will after being aware of its content, holding the perpetrators responsible for such actions.
Testament, as one of the pillars of the Islamic inheritance system, is not merely a tool for distributing wealth but a symbol of trustworthiness and adherence to divine principles. Verse 181 of Surah Al-Baqarah, by emphasizing the preservation of this trust, provides a legal and ethical framework wherein any violation leads to significant spiritual and social consequences.
Verse 181 of Surah Al-Baqarah clearly states that the sin of altering a will rests only with those who alter it. Such alterations may take various forms: verbal alteration, change in meaning, complete distortion, or manipulation of the details and characteristics of the will. The verses emphasis on "hearing" (بَعْدَ مَا سَمِعَهُ) indicates the condition of being aware of the contents of the will. This condition is linked to the concept of "valid hearing" in Islamic jurisprudence, which requires direct and accurate knowledge of the will.
Key Point: Altering a will after being aware of its contents is a sin for which only the perpetrators are responsible. This underscores the necessity of proper knowledge and the preservation of trust.
In the execution of a will, the validity of testimony and hearing is crucial. An individuals claim without supporting testimony from an upright witness or a written document is invalid. In the early Islamic period, due to the absence of a widespread writing system, hearing played a central role. However, in the present era, written documents and testimonies from two just witnesses have replaced this. Testimony must be direct and unmediated, as stated in Islamic jurisprudence by the principle "as if you saw it with your own hand" (كَمَا رَأَيْتَهُ كَفًّا), meaning testimony must be as direct as possible.
Key Point: Valid testimony in the execution of a will requires direct, unmediated knowledge. A claim without supporting documentation or testimony from a just witness lacks credibility.
If a will has been formulated in a non-Shariah-compliant or non-recognized manner, the heirs are obligated to rectify it. However, this obligation itself can lead to exploitation. The Qur'anic principle "Indeed, man is in loss" (إِنَّ الْإِنْسَانَ لَفِي خُسْرٍ) refers to human moral frailty, which may lead individuals to alter the will for their own benefit. Hence, rational and Shariah-based supervision over the process of rectifying a will is essential.
Key Point: Rectifying a non-Shariah-compliant will is the heirs' duty, but this process requires careful supervision to prevent exploitation.
Ethical and legal responsibilities regarding the will, from preserving trust to rectifying a non-compliant will, form a complex and sensitive framework. Verse 181 of Surah Al-Baqarah, by emphasizing the sin of altering the will and the necessity of valid testimony, underscores the importance of trust and rational oversight.
The use of the plural pronoun in the phrase "على الذين يبدلونه" indicates collective responsibility on the part of the heirs or even the community for altering the will. Silence in the face of distorting the will is itself a sin. This principle highlights social responsibility against any form of injustice or deviation. If an individual alters the will and others remain silent, all are complicit in the sin.
Key Point: Silence in the face of distorting a will constitutes a collective sin, with responsibility resting upon all who are aware and fail to act.
A judicial system based solely on direct causality, which punishes only the immediate perpetrators, leads to injustice. Such a system ignores the underlying causes and factors of crimes, targeting only the direct actors who often come from marginalized segments of society. Islamic jurisprudence, through the principle "The cause is greater than the perpetrator" (السبب أقوى من المباشر), stresses the need to consider the root causes that lead to crimes.
Key Point: A causality-based judicial system that disregards the root causes of crimes leads to injustice. A more just approach requires attention to these underlying causes.
Poverty and social pressures are among the primary causes of criminal behavior. Many perpetrators of crimes act under the influence of economic and social conditions. Addressing these root causespoverty and social injusticecan be a more effective strategy than merely punishing perpetrators.
Key Point: Poverty and social pressures are key factors behind crimes. Addressing these underlying causes is a more just approach than simply punishing the perpetrators.
The collective responsibility regarding the alteration of wills and the critique of the direct causality-based judicial system form the main points of this section. Verse 181 of Surah Al-Baqarah, through its emphasis on silence as a collective sin and the need to address root causes of crimes, provides a comprehensive framework for reforming both judicial and social systems.
