Verse 282 of Surah Al-Baqarah, akin to a brilliant gem within the constellation of Quranic verses, provides comprehensive and precise directives for organising financial transactions, the roles of scribes and witnesses, and their legal and ethical responsibilities. This verse, transcending mere jurisprudential rulings, by referencing piety and the promise of divine instruction, guides humanity towards the pinnacles of spiritual perfection. Like a lantern illuminating the path in darkness, this verse explicates the Islamic legal and ethical system in safeguarding individual rights and directing society towards justice and piety. In this treatise, through a scientific and systematic approach, the content of the lecture and the presented analyses have been cohesively rewritten and organised into sections with specialised titles and clear subtitles for academic audiences and researchers.
وَلَا يُضَارَّ كَاتِبٌ وَلَا شَهِيدٌ ۚ وَإِنْ تَفْعَلُوا فَإِنَّهُ فُسُوقٌ بِكُمْ ۗ وَاتَّقُوا اللَّهَ ۖ وَيُعَلِّمُكُمُ اللَّهُ ۗ وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ
No scribe nor witness shall suffer harm; but if you do so, it will be a transgression on your part. And fear God. God teaches you. And God is cognisant of all things.
This verse rests upon three fundamental axes: protection of the scribe and witness, prohibition of causing harm to them, and the invitation to piety alongside the promise of divine instruction. These axes delineate the Quranic legal and ethical system in preserving individual rights and guiding society towards justice and perfection.
Verse 282 of Surah Al-Baqarah, like a precise blueprint for organising social and financial relations, underscores support for scribes and witnesses in the transactional process. This verse not only explicates legal rulings but, by linking them to ethical and spiritual foundations, directs humanity towards perfection.
The phrase وَلَا يُضَارَّ كَاتِبٌ وَلَا شَهِيدٌ explicitly forbids any form of harm to the scribe and witness. This prohibition functions as a protective shield, guaranteeing the security and independence of these individuals in performing their duties.
The use of the passive verb يُضَارَّ signifies the universality of this prohibition, whereby no person or agent, whether a party to the dispute or others, is permitted to cause harm to the scribe or witness. This construction emphasises the all-encompassing nature of the ruling and the prevention of any form of damage, whether intentional or unintentional.
Examples of harm include threats, harassment, imposition of restrictions, or even objection to a witness due to their just testimony. For instance, if someone reproaches or threatens a witness for testifying against them, such conduct constitutes harm and is prohibited.
Just as a judge must adjudicate freely and without pressure, the scribe and witness must also be shielded from any harm. This analogy, functioning as a bridge between various roles in the Islamic judicial system, underscores the importance of their independence and security.
The scribe, whether an ordinary or official recorder such as a notary public, is tasked with documenting and registering transactions. This definition extends the applicability of the ruling to all individuals involved in the process of recording documents.
One form of harm is financial loss incurred by the witnesss testimony, such as loss of income or cessation of work due to attendance in court. The Holy Quran, by forbidding harm, emphasises the necessity of compensating such losses.
The court or the public treasury is obliged to cover the financial damages of the witness, including lost wages or expenses related to court attendance. This support, like a pure spring, enacts justice within the judicial process.
This rule highlights the judiciarys role in facilitating witness participation and reducing financial barriers. For example, if a witness misses work due to court attendance, the court must coordinate with their employer to guarantee leave and wages.
The current judicial systems in some Islamic societies, including Iran, lack adequate mechanisms to compensate witnesses for their damages. This deficiency acts as a barrier to justice, complicating witness participation.
The public treasury must cover expenses arising from testimony, such as leave and wages, so that the financial burden does not fall upon the populace. This rule emphasises the Islamic governments role in guaranteeing justice.
Neglecting this principle has exacerbated social issues such as increased debts and incarceration. Judicial costs like stamps and case fees, borne by the people, should be covered by the public treasury to ensure universal access to justice.
This segment of verse 282 of Surah Al-Baqarah, by stressing the protection of the scribe and witness and forbidding harm to them, sketches a comprehensive legal and ethical framework. These rulings, like steadfast pillars, ensure justice and fairness within the Islamic society and underline the role of the public treasury in removing financial obstacles.
The phrase وَإِنْ تَفْعَلُوا فَإِنَّهُ فُسُوقٌ بِكُمْ regards harm to the scribe and witness as fussq, meaning a breach and damage to the individual and social order.
The use of the plural form fussq indicates the extensive repercussions of harming the scribe and witness. This breach, like cracks in the societal edifice, disrupts social cohesion.
The consequences of fussq harm not only the wrongdoer but also the entire society, as violation of this ruling undermines public trust in the judicial system.
The phrase وَاتَّقُوا اللَّهَ summons humanity to piety, that is, self-restraint and mastery over inner faculties. Piety acts like a brake in a vehicle, preventing deviation and guiding towards perfection.
The word taqwa, derived from the root waq meaning protection and preservation, emphasises focus and control of the self. This self-discipline is the foundation for divine instruction.
The phrase وَيُعَلِّمُكُمُ اللَّهُ presents an unparalleled promise of direct divine teaching to the pious. This promise, like an opened door to knowledge, invites humanity to the classroom of the Lord.
The conjunction wa here functions as a causal particle rather than a copulative, indicating that piety is the direct cause of divine instruction. This interpretation, contrary to some exegeses treating the conjunction as merely additive, emphasises the causal relationship between piety and teaching.
God, due to complete omnipresence and lack of distraction (l yashghaluhu shnun an shnin), is capable of teaching any pious individual directly and without intermediary. This instruction is not exclusive to prophets; every pious person may benefit from it.
The Quran states elsewhere: He taught Adam the names of all things (Al-Baqarah: 31), indicating direct divine teaching to Adam due to his concentration and faculties.
This example emphasises the connection between human readiness and reception of divine instruction. Every pious individual, like Adam, can be a direct disciple of the Lord.
The theological and mystical dimensions of verse 282 of Surah Al-Baqarah, by highlighting piety and divine instruction, guide humanity towards spiritual perfection. Fussq, as a breach in the societal structure, demonstrates the harmful consequences of injuring the scribe and witness, while piety and divine teaching direct one towards knowledge and perfection.
Verse 282 of Surah Al-Baqarah refers to the lovers, namely those who attain piety through hardship and effort. For the lovers, piety is like a labourer who carries bricks arduously to build a sturdy edifice.
The lovers, by strengthening their inner faculties and exercising self-restraint, attain divine instruction. This effort contrasts with the beloved, who are chosen without toil.
The beloved, such as the Ahl al-Bayt (peace be upon them), face calamity and martyrdom, not effort and labour. Their infallibility is intrinsic, requiring no exertion.
At Karbala, Imam Husayn (peace be upon him) and his companions, like stars in the sky of tribulation, achieved belovedness through martyrdom and suffering, not through labour.
Over a millennium, enemies, particularly the Umayyads and Abbasids, sought to diminish the role of the Imams (peace be upon them) and elevate other figures. This silencing acted like a heavy curtain, concealing the sublime knowledge of the Imams from the world.
The masses, through rituals such as mourning gatherings and chest-beating, played a greater role than the elites in preserving the names of the Imams. These acts, like seeds in soil, kept their names alive.
Religious scholarship has, in some instances, failed to present the knowledge of the Imams in a scientific and modern manner. Traditional methods, such as dusting oneself with soil, although valuable, are insufficient for introducing these teachings.
The knowledge of the Imams, like the supplication of Kumayl, must be packaged scientifically and attractively, like brilliant jewels, and presented to the world.
Religious disputes, such as Shia-Sunni conflicts, hinder the proper introduction of this knowledge. Utilising sources from others, even non-Muslims, can aid in promoting these teachings.
Although traditional methods have been effective in preserving religious identity, they are inadequate for introducing the knowledge of the Imams in the modern world. Religious sciences must present these teachings scientifically and systematically, like finely cut diamonds, to the world.
Religious sciences should package the knowledge of the Imams as precious jewels and avoid sectarian controversies, so that these teachings gain acceptance globally.
The distinction between the lovers and the beloved highlights the role of effort and piety in the lovers path and divine favour for the beloved. The historical critique of the silencing of the Imams and traditional methods underlines the necessity for scientific revival of their knowledge. This knowledge, like an inexhaustible treasure, must be presented with scholarly packaging to the world.
Verse 282 of Surah Al-Baqarah, like a radiant beacon, outlines a comprehensive legal, ethical, and spiritual system for guiding society and the individual. This verse, by emphasising protection of the scribe and witness, prohibition of harm, and invitation to piety, intertwines social justice with spiritual perfection. The distinction between the lovers and the beloved elucidates the role of effort and divine grace in guidance. Historical critique and the need to revive the knowledge of the Imams underscore the importance of scientific presentation of these teachings in the modern era. This verse, by linking jurisprudential rulings with theological foundations, offers an unparalleled model for harmonising justice and spirituality within society and testifies to Gods boundless wisdom.
Supervised by Sadegh Khademi
