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Excerpts from the Lectures of Nekounam (May His Sacred Spirit Rest in Peace), Session (783)






Comprehensive and Precise Translation of Quranic Jurisprudence on Surah Al-Baqarah 2:282


Introduction

Verse 282 of Surah Al-Baqarah, like a brilliant gem in the constellation of Quranic jurisprudence, offers precise and profound directives for regulating financial transactions and testimonies therein. This verse not only addresses legal and jurisprudential dimensions but, with a profound perspective on the sociological, historical, and civilizational contexts of early Islam, manifests Divine wisdom in guiding human societies. In this treatise, adopting a scientific and systematic approach, the content of the delivered lectures has been comprehensively and academically rearticulated and presented in well-structured, meaningful sections. The objective is to elucidate the multifaceted aspects of this noble verse, which, like a guiding light, illuminates the path of justice and rationality in social relations.

Section One: Jurisprudential Explanation of Verse 282 of Surah Al-Baqarah

Text and Translation of the Verse

وَاسْتَشْهِدُوا شَهِيدَيْنِ مِنْ رِجَالِكُمْ ۖ فَإِنْ لَمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ مِمَّنْ تَرْضَوْنَ مِنَ الشُّهَدَاءِ أَنْ تَضِلَّ إِحْدَاهُمَا فَتُذَكِّرَ إِحْدَاهُمَا الْأُخْرَىٰ

And call upon two witnesses from among your men; and if there are not two men, then one man and two women from those whom you approve as witnesses, so that if one of the two errs, the other may remind her.

Jurisprudential Features of the Verse

Verse 282 of Surah Al-Baqarah, with its intricate structure and unparalleled comprehensiveness, provides rational and logical directives for organising financial transactions. This verse, by emphasising the presence of witnesses and stipulating fair conditions for testimony, establishes a legal framework within which justice and transparency in financial relations are ensured.

Key Point: The comprehensiveness of the verse in presenting a coherent legal system reflects Divine wisdom in legislating laws encompassing social, legal, and psychological dimensions.

The rulings of this verse are advisory and based on reason, not obligatory or punitive. This characteristic indicates the flexibility of the Quranic legal system, encouraging individuals to observe reason without subjecting non-compliance to legal penalties. The verses instructions are affirmative in nature and lack threats or punishments for contraventions, underscoring the Qurans guidance-oriented approach.

Key Point: The advisory nature of the rulings allows their adaptation to changing social conditions, demonstrating the dynamism of the Quranic legal system.

Conclusion of the Section

This section demonstrated that Verse 282 of Surah Al-Baqarah, by offering precise legal directives, not only regulates financial transactions but, through an advisory and rational approach, assists society in advancing towards justice and transparency. This verse, like a clear spring, reflects Divine wisdom in legal systematisation.

Section Two: Sociological Analysis of Testimony Conditions in Early Islam

Social Status of Women in Early Islam

In early Islam, women held a limited social status and were considered domestic beings devoid of literacy, awareness, and social authority. Like children or slaves, they were subject to male dominance and deprived of freedom of action and independence. This status laid the groundwork for specific rulings regarding female testimony in Verse 282 of Surah Al-Baqarah.

Key Point: The social limitations of women in early Islam, as a historical fact, influenced the rulings on testimony and indicate the dependency of jurisprudential rulings on social contexts.

The noble verse permits, in the absence of two men as witnesses, the presence of one man and two women, contingent upon the parties approval. This substitution stems from the possibility of inadvertent error or social pressure on women, so that one reminds the other. This rule relates to the psychological and social conditions of women at that time, who might have been subject to ignorance or social pressure causing mistakes.

Key Point: The presence of two women instead of one man is not due to intrinsic nature but due to the social and psychological conditions of early Islam, demonstrating the adaptability of rulings in response to variable subjects.

Role of Islam in Enhancing the Status of Women

Islam significantly contributed to womens social and legal advancement by granting rights of ownership, independence in marriage, and other rights. Within the Quranic legal framework, women were recognised as owners and played an active role in marriage proposals, whereas men were in a reactive position. This transformation signifies Islams positive influence on the status of women, leading to their empowerment within society.

Key Point: The rights granted by Islam to women, including ownership and independence in marriage, facilitated their social growth and demonstrate Islams pioneering role in elevating womens status.

Nonetheless, patriarchal cultural residues persist in some contemporary societies, such as mens financial control over women, highlighting the necessity for social cultural reform and the full granting of womens independence.

Conclusion of the Section

This section showed that the social conditions of early Islam, especially womens limitations, played a decisive role in shaping testimony rulings. However, Islam, by granting fundamental rights to women, took a substantial step towards their empowerment. This transformation, like a life-giving breeze, paved the way for womens social growth and emphasises the dynamism of Quranic rulings in response to changing circumstances.

Section Three: Dynamism of Rulings and the Influence of Social Subjects

Distinction Between Rulings and Subjects

Quranic rulings are constant and divine; however, social subjectssuch as dress, behaviour, or gender rolesvary with time and place. This distinction enables the adaptation of rulings to new conditions. For example, dress code varies by environment (such as street or swimming pool) and cannot be assigned a fixed ruling.

Key Point: The distinction between fixed rulings and variable subjects highlights the flexibility of the Quranic legal system vis--vis social transformations.

Similarly, doll-making is forbidden if intended for idolatry but deemed commendable for child education and play. These examples show that rulings depend on social subjects and are redefined as these subjects change.

Transformation of Womens Roles in Contemporary Society

Contemporary women possess abilities in science, sports, and professions equal to or surpassing men. Many women in Iran have enhanced their confidence and capabilities by practising martial arts such as karate and taekwondo. This transformation indicates the shift from traditional stereotypes, such as housewifery or heavy bodies, towards athletic physiques and active social roles.

Key Point: The capabilities of modern women in professions and sports indicate the necessity to reconsider rulings related to women based on new conditions.

However, housewives, due to limited social experience, may be less competent in testimony or voting. This limitation stems not from womens essence but from their social and educational circumstances. Society must facilitate womens growth and prevent traditional limitations such as enforced housewifery.

Critique of Cultural Stagnation and Proposal for Reform

Cultural stagnation, such as insistence on heavy religious dress or chador as a symbol of housewifery, conflicts with modern societal needs. Instead of the term Hijab, the Quran emphasises Sitr (covering), a more precise and rational concept. Furthermore, impolite behaviour of pilgrims at religious sites, such as Imam Rezas shrine, contradicts the etiquette of pilgrimage and Quranic verses such as Do not raise your voices above the voice of the Messenger of Allah (Surah Al-Hujurat, Verse 2).

Key Point: Critiquing cultural stagnation and emphasising Sitr instead of Hijab demonstrates the need to return to Quranic concepts and adapt to modern requirements.

It is proposed that remote pilgrimage, with sincere intention, replace overcrowding in sacred places. Moreover, the removal of violent symbols, such as daggers, in Imam Rezas shrine and the promotion of a culture of peace better align with the spiritual nature of these sites.

Conclusion of the Section

This section showed that the dynamism of Quranic rulings depends on distinguishing fixed rulings from variable subjects. The transformation of womens roles, critique of cultural stagnation, and reform proposals contribute like clear