The verse 282 of Surah Al-Baqarah, like a radiant lamp in the Islamic legal and ethical system, provides comprehensive and precise directives for regulating financial transactions, testimony, and documentation. This verse, recognised as one of the longest verses in the Holy Quran, not only addresses the jurisprudential and legal aspects of transactions but also, through a profound perspective on ethical, social, and logical dimensions, offers an eternal paradigm for preserving justice and transparency in human relations. Like a robust tree rooted in divine wisdom, this verse encompasses all facets of transactions with its extensive branches and serves as a guide for human societies in every era and time. In this treatise, with a scientific and specialised approach, we analyse this verse and elucidate its rulings and wisdoms, aiming to clarify the legal system of the Holy Quran in an academic and coherent framework for an erudite audience.
وَلَا يَأْبَ الشُّهَدَاءُ إِذَا مَا دُعُوا ۚ وَلَا تَسْأَمُوا أَنْ تَكْتُبُوهُ صَغِيرًا أَوْ كَبِيرًا إِلَىٰ أَجَلِهِ ۚ ذَٰلِكُمْ أَقْسَطُ عِنْدَ اللَّهِ وَأَقْوَمُ لِلشَّهَادَةِ وَأَدْنَىٰ أَنْ لَا تَرْتَابُوا ۖ وَلَا يُضَارَّ كَاتِبٌ وَلَا شَهِيدٌ ۚ وَإِنْ تَفْعَلُوا فَإِنَّهُ فُسُوقٌ بِكُمْ ۗ
And let not the witnesses refuse when they are called upon, nor weary yourselves of writing down the debt, whether it be small or large, until its term. That is more just in the sight of Allah, more upright for testimony, and nearer to prevent doubt. And do not cause harm to the scribe or the witness. And if you do so, indeed, it is a transgression on your part.
This passage from verse 282 of Surah Al-Baqarah, like a precise map, outlines the main axes of the legal system governing transactions. These axes include testimony, documentation, and the protection of the rights of scribes and witnesses, each constituting a firm pillar in the edifice of Islamic justice. The verse, by emphasising the prohibition of witnesses refusal and the necessity of transaction documentation, establishes a legal system attentive both to objective realities (fact) and social appearances (form). This system, by providing profound wisdoms, safeguards society from doubts, disputes, and potential corruption.
The phrase وَلَا يَأْبَ الشُّهَدَاءُ إِذَا مَا دُعُوا means the prohibition of witnesses refusing when summoned. The term یَأْبَ connotes reluctance or heaviness in undertaking a duty, here referring to refusal of a social and ethical responsibility of testimony. This command, like a divine mandate placed upon the witnesses, stresses their responsibility in upholding justice. Refusal to testify is akin to abandoning a trust, which can lead to the violation of rights and the spread of corruption.
The use of the passive verb دُعُوا in this verse indicates the diversity of sources from which the summons to testify may emanate. This invitation could come from the creditor, debtor, an intermediary of goodwill, or a court. This structure, like an open door to flexibility, accommodates various social circumstances. For example, parties involved in the transaction may directly summon the witness, a third party may act as a benevolent mediator, or a judiciary may compulsorily call the witness.
Although the summons to testify can come from different individuals, the consent of both creditor and debtor (ممن ترضون) for accepting a witness is necessary. This condition, like a key to the lock of justice, ensures that the witness is agreed upon by both parties and prevents the imposition of an undesirable individual. However, this consent does not mean that the creditor and debtor are obliged to summon the witness directly; the invitation may be made by others, provided the parties approval.
The phrase وَلَا يَأْبَ الشُّهَدَاءُ encompasses two types of testimony: initial (event-based) and confirmatory (continuous). Initial testimony refers to the primary acceptance of testimony for recording the transaction, such as when an individual is invited to witness a financial deal. Confirmatory testimony is given in court or a forum after initial recording, necessary for proof or enforcement of rights. This classification, like two wings of a bird soaring in the sky of justice, demonstrates the verses comprehensiveness in covering different stages of testimony.
Testimony is a communal obligation (wjib kif), meaning that if no other witness exists, acceptance of testimony becomes obligatory. Refusal to testify, particularly when an individual's right is at risk of violation, can amount to spreading corruption on earth (fasd f-l-ar). This consequence, like a heavy shadow over society, highlights the importance of testimony in maintaining order and justice. The witness, akin to a sentinel in the tower of justice, must embrace this responsibility to prevent rights violations.
The testimony section of verse 282 of Surah Al-Baqarah sketches a legal and ethical system emphasising the social responsibility of witnesses, flexibility in summons, and the necessity of parties' consent. By differentiating testimony into initial and confirmatory and stressing its obligatory communal nature, the verse commands witnesses to abstain from refusal and to endeavour to preserve rights and prevent corruption like loyal soldiers of justice.
The phrase وَلَا تَسْأَمُوا أَنْ تَكْتُبُوه
