Introduction
Surah Al-Baqarah, as one of the most comprehensive chapters of the Holy Quran, encompasses a collection of divine injunctions, knowledge, and guidance that direct humanity along the path of justice, piety, and guidance. Verse 188 of this Surah, with its explicit prohibition against unlawful consumption of wealth and bribery towards rulers, emphasises the necessity of establishing social justice and avoiding any form of oppression and injustice. This exegesis, adopting jurisprudential, philosophical, and social perspectives, delves deeply into the analysis of this verse and, utilising a monotheistic viewpoint, critiques corrupt judicial systems, calls for the revision of religious sciences, and examines the pivotal role of the teacher in guiding society. This treatise, integrating the content of the lectures and precise analyses, endeavours to present the concepts of the verse in a refined language and systematic structure for a specialised audience.
Text and Translation of the Verse
وَلَا تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ وَتُدْلُوا بِهَا إِلَى الْحُكَّامِ لِتَأْكُلُوا فَرِيقًا مِنْ أَمْوَالِ النَّاسِ بِالْإِثْمِ وَأَنْتُمْ تَعْلَمُونَ
"And do not consume one anothers wealth unjustly, nor send it [in bribery] to the rulers to consume a portion of the wealth of the people sinfully while you know [it]."
This verse, with clear and eloquent expression, forbids unlawful dealings with wealth and the act of bribing rulers to obtain unjust benefits. The central theme of the verse is the prevention of oppression and injustice in financial and social relations that arise through judicial corruption and abuse of power by rulers.
Universality of the Verse Across Time and Place
Verse 188 of Surah Al-Baqarah, with the phrase "between you" (بَيْنَكُمْ), possesses a general scope, encompassing all societies and eras. This characteristic highlights the universality of the Holy Quran in providing ethical rulings and guidance that transcend temporal and spatial limitations, guiding humanity towards justice and piety.
The Meaning of "Batil" and Its Derivation
The term "باطل" (Batil) in this verse signifies something disconnected, inappropriate, and fruitless, standing in opposition to "حق" (Haqq truth/right). Linguistically, "باطل" derives from the root "بَطَلَ" meaning to fragment or separate, as a commander dismantles enemies. This concept refers to transactions lacking legitimate religious authority and, due to the absence of true ownership, akin to a corpse devoid of content and value.
Distinction of Batil from Similar Concepts
In philosophy and linguistics, Batil is distinguished from concepts such as "لغو" (Laghw), "عبث" (Abath), and "لهو" (Lahw). Batil refers to a futile act, whereas Laghw and Abath denote meaningless matters, and Lahw refers to useless amusements. This distinction underscores the precision required in interpreting the verse and understanding it profoundly.
Ontological Existence of Batil, Halal, and Haram
Contrary to certain erroneous views which regard Batil as non-existence, Batil has ontological reality and is employed as an attribute for unlawful wealth. Wealth, as a primary intellective (external existence), can be characterised as either lawful or unlawful, both of which are secondary intellective philosophical attributes. Halal and Haram each possess external existence; Haram is not merely the absence of Halal but is a real attribute in itself.
Critique of Obsolete Literature and Necessity for Reform in Religious Sciences
The traditional literature of religious sciences, with concepts such as "اسم ذات" (name of essence) and "اسم معنا" (name of meaning), due to lack of philosophical depth, is inadequate and inefficient. This literature, once utilised for elucidating concepts, no longer meets the scientific and epistemological needs. The absence of scholarly supervision within religious educational systems has weakened the capacity for deduction, jurisprudence, and precise understanding of the Quran and narrations.
Role of Literature in Religious Sciences
Robust literature forms the foundation for deduction, jurisprudence, and deep comprehension of religious texts. Without mastery over literature, a religious scholar cannot correctly analyse Quranic verses and narrations. Although classical literary sources, such as the works of Sakaki, were valuable in their time, they require revision and new compilation compatible with contemporary requirements.
Ontological Existence of Ignorance
Ignorance, akin to knowledge, is ontological and exists in simple and compound forms. Compound ignorance occurs when a person believes themselves knowledgeable while remaining unaware of the truth. This concept emphasises the necessity to avoid compound ignorance in understanding religious rulings.
Critique of the Negation-based View of Evil
Contrary to some philosophical views that perceive evil and ignorance as non-existence, all phenomena have ontological reality in Islamic philosophy. This viewpoint, superficially and without philosophical depth, also appears in the system of Haji Sabzevari. Critiquing this view stresses the necessity of proper comprehension of evil and ignorance for precise interpretation of Quranic verses.
Necessity of Reforming the Religious Educational System
The religious educational system, to avoid degeneration and falling behind history, requires reconstruction and reinforcement. Reforming educational resources, compiling new sciences, and training scholars proficient in literature and contemporary sciences are essential to preserving the vitality of religious knowledge.
Meaning of "تُدْلُوا" and Bribery
The word "تُدْلُوا" derives from the root "أَدْلَاء" meaning to lower a bucket into a well. In this verse, it refers to bribing rulers to secure a favourable judgement. Bribery, whether overt or covert, is forbidden and invalidates the rulings based upon it.
Distinction between Ruler and Judge
The term "الْحُكَّامِ" (rulers) includes all types of rulers and judges. A ruler may or may not be a judge, and a judge might only adjudicate or also hold executive power. Historically, various forms of rulers and judges existed, including independent rulers, constrained judges, or rulers who combined judgment and execution.
Prohibition of All Types of Bribery
Any form of bribery, whether a gift, invitation, or explicit bribe, is forbidden and rulings based on it lack religious legitimacy. This command encompasses all manifestations of judicial corruption arising from abuse of rulers power.
Invalidity of Corrupt Rulings
Judgements issued by rulers or judges based on bribery or oppression are devoid of religious validity. In such cases, reclaiming ones right through retaliation is permissible, as the corrupt ruling is invalid.
Critique of Resorting to Coercion by Rulers
Resorting to the rulers coercive power to seize wealth constitutes injustice and falsehood. Such conduct is not only religiously impermissible but also fosters social and judicial corruption.
Personal Example of Avoiding Coercion
In a personal example, the lecturer mentions tearing up a debt cheque instead of resorting to the banks coercive power, exemplifying avoidance of tyrannical and unjust means to claim rights. This act exemplifies practical piety against material temptations.
Critique of Prolonged and Corrupt Courts
Lengthy and corrupt judicial proceedings, instead of establishing justice, propagate corruption and evil. Such systems, due to complexity and corruption, hinder the achievement of rights and the promotion of justice.
Critique of Hidden Bribes
Hidden invitations and gifts to rulers constitute a form of bribery that, in the long term, leads to corruption. Although apparently harmless, such acts ultimately result in abuse of power and violation of justice.
Awareness of Sin
The phrase "وَأَنْتُمْ تَعْلَمُونَ" (while you know) in the verse refers to the awareness of sin in bribery and unlawful consumption. This emphasis increases human responsibility to avoid injustice and financial corruption.
Simile of the Pure Word
