Verse 283 of Surah Al-Baqarah stands as a radiant beacon within the Islamic legal and ethical system, offering a comprehensive and rational guideline for regulating financial transactions under varying circumstances. This verse, relying on the principles of writing, testimony, pledge, and trust, delineates a legal framework that not only safeguards the rights of the contracting parties but also establishes a profound linkage between ethics and law through an emphasis on piety and trustworthiness. The present treatise adopts a scientific and systematic approach to analyse the jurisprudential, theological, and social dimensions of this verse, employing refined allegories and metaphors to present its lofty concepts to an erudite audience in a formal and academically engaging manner. The structure of this work, with its clear segmentation and semantic connections, is designed to preserve the verses comprehensiveness and coherence, thereby manifesting it as a luminous gem within the constellation of Quranic knowledge.
Arabic Text:
وَإِنْ كُنْتُمْ عَلَىٰ سَفَرٍ وَلَمْ تَجِدُوا كَاتِبًا فَرِهَانٌ مَقْبُوضَةٌ ۖ فَإِنْ أَمِنَ بَعْضُكُمْ بَعْضًا فَلْيُؤَدِّ الَّذِي اؤْتُمِنَ أَمَانَتَهُ وَلْيَتَّقِ اللَّهَ رَبَّهُ ۗ وَلَا تَكْتُمُوا الشَّهَادَةَ ۚ وَمَنْ يَكْتُمْهَا فَإِنَّهُ آثِمٌ قَلْبُهُ ۗ وَاللَّهُ بِمَا تَعْمَلُونَ عَلِيمٌ
Translation: And if you are on a journey and find no scribe, then a pledge taken shall suffice. And if some of you entrust others, then the one who is entrusted must fulfil his trust and fear Allah, his Lord. And conceal not testimony; and whoever conceals it, his heart is sinful, and Allah is aware of what you do.
This verse functions as a steadfast pillar within the edifice of Islamic jurisprudence, regulating financial relations in exceptional circumstances like travel or the unavailability of conventional legal instruments. Its significance lies in its comprehensiveness, presenting solutions such as pledging and trust to prevent deadlocks in transactions, thereby proposing a flexible and rational legal system.
The Holy Quran, by accentuating writing and testimony, underscores the critical importance of legal documentation in transactions. This serves as a shield protecting the rights of parties against abuse and forgetfulness. Nonetheless, in situations where a scribe or witness is inaccessible, the verse proposes alternative methods, reflecting the adaptability of the Islamic legal system.
The pledge, akin to a precious gem in the Islamic economic framework, functions as a legal instrument assuring the creditor's security. The collateral must be placed at the creditors disposal and be sellable or convertible, thereby guaranteeing the creditors rights in the event of non-payment. This feature exemplifies the meticulousness of the Quranic legislation in providing effective legal tools.
Trust, like a breeze solidifying bridges between humans, is presented in this verse as the ultimate remedy. This trust is not of a fanciful nature but is based on rationality and social calculations that minimise transactional risk.
The jurisprudential dimension of verse 283 of Surah Al-Baqarah, by introducing a hierarchical sequence of legal measuresfrom writing and testimony to pledge and trustportrays a comprehensive and flexible system for regulating financial dealings. This system, stressing the preservation of the parties rights and adaptability under varying circumstances, bears testimony to the Divine wisdom underlying legislation.
Trust, like blood in the veins of society, guarantees economic and social vitality. The verse distinguishes between profound trust encompassing the entirety of an individuals existence, and ordinary trust based on economic calculation and acceptance of reasonable risk. The ordinary trust highlighted in this verse refers to engaging in transactions with expectations of profit or compensation from other clients, without catastrophic consequences from potential loss.
The notion of trust as absolute assurance resembles an unattainable dream, detached from social realities. The Holy Quran, by accentuating ordinary and pragmatic trust, eschews unrealistic illusions and invites traders to accept reasonable, socially conforming risks.
Isolation acts like a dark shadow, disrupting human psychological equilibrium. The verse, by promoting social trust as a light against this darkness, encourages individuals to engage with society and avoid obsession and delusion. This emphasis illustrates the Quranic concern for mental health and its connection with social conduct.
Obsession, like chains binding the mind, prevents the natural flow of commerce. Verse 283, by urging rational trust and eschewing obsession, serves as a key to liberation from these chains, enhancing mental health and social trust.
The social and psychological dimensions of verse 283 of Surah Al-Baqarah underscore the importance of ordinary trust and the rejection of delusion and obsession. By outlining a system grounded in rationality and social interaction, the verse provides a framework for strengthening mental health and social cohesion.
Trustworthiness and piety, like two wings enabling humanity to ascend towards perfection, are prominently featured in this verse. The command to fulfil trusts and to fear Allah demonstrates the inseparable bond between ethics and law within the Quranic framework. These principles protect transactions from corruption and misuse.
The expression وَلْيَتَّقِ اللَّهَ رَبَّهُ stands as a semantic enigma within the heart of the Quran, requiring meticulous interpretation. The term رَبَّهُ as a substitute for اللَّهَ accentuates the grandeur of piety and its connection with Divine lordship, inviting reflection on the human relationship with the Creator.
Over-stringency acts as a heavy burden on society, weakening trust and disrupting social relations. The verse lightens this burden by advocating moderation and trust, thereby facilitating healthy interactions.
The theological and ethical facets of verse 283 of Surah Al-Baqarah, with an emphasis on trustworthiness, piety, and moderation, delineate an ethical system guiding transactions towards integrity and justice. These principles attest to the Divine wisdom in uniting ethics with law.
Isolation, like dust settling on the mirror of the mind, alienated scholars from social realities and led them towards illusions. The verse, by stressing social trust and conventional norms, highlights the imperative of reforming religious educational systems to maintain their connection with society.
Religious texts, when detached from social conventions, resemble seeds sown in unsuitable soil; rather than flourishing, they generate delusions. Revising these texts and aligning them with social realities is essential for preserving scholars intellectual health.
Livelihood derived from religion, akin to watering a field to serve creation, is legitimate and commendable. Conversely, exploiting religion resembles the destruction of that field, which is forbidden and detrimental. This distinction emphasises the necessity for transparency in religious activities.
Establishing a fi sabilillah institution, like erecting a solid edifice, liberates the clergy from disorder and secrecy and elevates its standing worldwide. This structure, with transparency and regulation, engenders societal trust.
The critique of religious educational systems and the proposal for reform, including the establishment of the fi sabilillah institution, stress the necessity for transformation in religious knowledge to serve society. This transformation, by avoiding isolation and delusion, paves the way for spiritual and social growth.
Verse 283 of Surah Al-Baqarah, as a radiant gem within the Quranic corpus, delineates a legal, ethical, and social system for regulating financial transactions. This verse, by presenting solutions such as writing, testimony, pledge, and trust, demonstrates the flexibility and rationality of the religion in addressing diverse needs. Its emphasis on ordinary trust, trustworthiness, and piety establishes a profound connection between ethics and law, shielding society from delusion and obsession. The critique of the isolation of religious knowledge and the proposal to form the fi sabilillah institution highlight the necessity of reforming educational systems and strengthening ties with social conventions. By its Divine wisdom, this verse offers a comprehensive guide for leading individuals and society towards justice and well-being.
Under the supervision of Sadegh Khademi
