of Nokounam, (Session 1133)
The Holy Qur'an, akin to a radiant lamp, guides humanity along the path of felicity and justice. Surah Al-Ma'idah, with its continuous and coherent rulings, resembles a string of pearls of wisdom, each verse like a gem bearing ideological and practical messages for the guidance of the believers. Verse 106 of this Surah, focusing on the rulings of testament, shines as a key to preserving social order and justice during critical moments of life, including death. This writing, with a profound examination of this verse and related lectures, endeavours to elucidate its deep meanings and precise rulings in a coherent framework and with a clear, eloquent language. Employing metaphors and semantic connections, the content of this verse and its exegeses are presented like a pure stream accessible to seekers of truth.
Surah Al-Ma'idah, like a collection of continuous rulings, presents jurisprudential and ethical injunctions such that each verse is like a branch of a sturdy tree, carrying specific wisdom and guidance. Unlike a novel that follows a linear narrative, this Surah encompasses a collection of ideological and practical rulings, each addressing the guidance of believers according to its subject matter. Verse 106, centred on testament, is one such branch emphasising the importance of preserving justice in the distribution of wealth and trustworthiness.
The Holy Qur'an in this verse calls upon the believers with the address
O you who have believed
, summoning them to adhere to the rulings of testament. This address arises from the depths of faith, inviting believers to assume responsibility before divine commandments. Faith serves as a foundation upon which the precise execution of these rulings is based.
O you who have believed, testimony [should be taken] among you when death approaches one of you at the time of bequest two just men from among you or two others from outside if you are travelling through the land and the disaster of death should strike you. Detain them after the prayer and let them both swear by Allah if you doubt [their testimony] that indeed we will not exchange it for a price, even if he should be a relative, and we will not withhold the testimony of Allah. Indeed, we would then be of the sinful. (Surah Al-Ma'idah 5:106)
O you who have believed, when death comes to one of you, at the moment of testament, appoint two just men from among yourselves or two others from outside you if you are travelling through the land and the calamity of death befalls you. Hold them back after the prayer so that they may swear by Allah if you doubt that we will not sell the testimony for any price, even if it concerns a relative, nor will we conceal Allahs testimony; indeed, we would then be among the sinners.
The Holy Qur'an in this verse emphasises testament at a critical moment, that is, when death approaches a person. This moment is like a passage guiding the individual from the ephemeral world towards eternity. Testament acts as a key preserving order and justice at this passage, ensuring the proper distribution of assets and rights of heirs.
The verse stresses the presence of two just witnesses: "two just men from among you". The justice of these witnesses acts as a shield preventing any distortion of the testament. This condition demonstrates the Qur'ans meticulous concern for preserving trustworthiness and enforcing justice. Justice, like a light, illuminates the way amidst the darkness of disputes and personal interests.
In the contemporary era, testament should be documented in writing with notarisation or the signatures of two just witnesses. This requirement serves as a bridge enhancing accuracy and transparency within modern legal systems. Written registration prevents ambiguity and forgery and aligns with contemporary legal principles.
Even if the witnesses appear just externally, familial relationships or personal interests may incline them towards falsehood. This reality acts as a warning that human justice is fragile and notarisation is a complementary guarantee for the validity of the testament.
The verse introduces testament at the approach of death as an emergency condition. This state is a moment when the human being, confronted with the reality of death, must inevitably plan for the future. Early planning is like a map preventing disorder and chaos.
An individual may bequeath one-third of their property to whomever they desire, even to non-relatives. This freedom functions as a window demonstrating flexibility and human discretion in managing ones assets. This ruling facilitates the allocation of property based on personal needs and priorities.
Among the examples provided, it is recommended that one-third of the property be dedicated to the spouse to prevent familial conflicts after death. This advice resembles a plan for preserving the dignity and financial security of the spouse, thereby preventing inheritance tensions.
The narrators father bequeathed all his assets to his wife, stipulating that the children have no rights if they do not comply with their mother. This testament acts as a document emphasising the priority of the spouse and the preservation of family unity.
The narrator refrained from taking any assets from his mother and distributed her belongings, including gold and brassware, in accordance with her testament. This behaviour reflects an ethical and religious commitment to trustworthiness and respect for testament.
The narrator gave khums from the age of eleven and donated his mothers assets to others to prevent extravagance. This act resembles a flower blossoming in the garden of religious upbringing, demonstrating commitment to religious injunctions from a young age.
The narrator initially allocated household assets to his mother and maintained her respect even in cases of her error. This behaviour resembles a branch of the tree of ethical virtue highly esteemed in Islam.
The Holy Qur'an in verse 106, by the phrase if you are travelling through the land, permits the use of two non-Muslim individuals as witnesses. This ruling acts as a bridge removing the limitation of access to just witnesses in emergency conditions.
The verse calls death the calamity of death, indicating its profound impact on family and societal order. Death resembles a storm which, without testament, can destabilise the family foundation.
If there is doubt about the integrity of non-Muslim witnesses, they must swear after prayer: Detain them after the prayer and let them both swear by Allah. This oath serves as an endorsement ensuring trustworthiness within the spiritual ambience of prayer.
The witnesses must swear they will not falsify testimony even for relatives: we will not sell it for a price, even if it concerns a relative. This condition functions as a shield preserving justice against personal interests.
Concealing divine testimony is a major sin placing the witnesses among the sinners: nor will we conceal Allahs testimony; indeed, we would then be among the sinners. This ruling warns that testimony is a divine trust.
The witnesses oath must be after the prayer so that it occurs in a sacred and spiritual atmosphere. This timing resembles a moment in which divine presence strengthens sincerity.
Testament is a common principle in Abrahamic religions; Jews and Christians also adhere to it. This commonality signals the universality of divine rulings that secure order and justice across various societies.
In the absence of water for ablution, tayammum (dry ablution) is permissible even if it lasts for years. This ruling exemplifies the flexibility of Islamic jurisprudence facilitating worship under difficult conditions.
Testament should be made prior to emergency situations to prevent disorder. This principle resembles a map promoting rationality and foresight in asset management.
Death, as a calamity, can disrupt family order. Examples of social turmoil, such as tense elections, illustrate the impact of major events on society. Testament acts as a shield preventing such disturbances.
The longevity of some corrupt political figures sometimes causes a greater calamity than their death. This criticism serves as a warning that societal stability depends on justice and trustworthiness.
Verse 106 of Surah Al-Ma'idah, like a shining jewel within the rulings of this Surah, elucidates the rules of testament. This verse, emphasising the presence of two just witnesses, written documentation of testament, and the oath of witnesses under special conditions, presents a legal and ethical system for preserving justice and trustworthiness. The flexibility of the rulings, such as employing non-Muslim witnesses while travelling or permitting tayammum when water is unavailable, demonstrates the comprehensiveness and universality of Islam. Practical examples, including the narrators faithfulness to parental testament and respect for his mother, testify to the influence of these rulings in real life. Death, as a social calamity, requires precise management through testament to maintain order and justice. This interpretation, with profound insight and eloquent language, endeavours to convey these meanings clearly and effectively.
Under the supervision of Sadegh Khademi
