of Nokounam, may his sanctity remain (Session 1135)
The Holy Qur'an, like a radiant lamp, guides humanity on the path of felicity and perfection. Verses 107 and 108 of Surah Al-Ma'idah, with profound and sagacious expression, address the rulings of wills and testimony, meticulously outlining a legal and ethical system designed to preserve justice and trusteeship. This treatise, reflecting upon these verses and the scholarly lectures, endeavours to present the meanings and messages of these verses in a clear and dignified manner, structured scientifically and coherently. The aim is to elucidate the jurisprudential, ethical, and mystical dimensions of these verses, leading the reader towards a deeper comprehension of the Divine Word.
Verses 107 and 108 of Surah Al-Ma'idah, as a continuation of verse 106, address the rulings related to wills with systematic precision, focusing on issues of testimony at the time of death and its attendant challenges. These verses provide a comprehensive legal framework to guarantee the execution of wills, whether in one's home or in exile. The comprehensiveness of these rulings, like a precise map, considers the diverse conditions of human life and ensures justice in all circumstances.
فَإِنْ عُثِرَ عَلَىٰ أَنَّهُمَا اسْتَحَقَّا إِثْمًا فَآخَرَانِ يَقُومَانِ مَقَامَهُمَا مِنَ الَّذِينَ اسْتَحَقَّ عَلَيْهِمُ الْأَوْلَيَانِ فَيُقْسِمَانِ بِاللَّهِ لَشَهَادَتُنَا أَحَقُّ مِنْ شَهَادَتِهِمَا وَمَا اعْتَدَيْنَا إِنَّا إِذًا لَمِنَ الظَّالِمِينَ
Whenever it becomes evident that they both have committed a sin, two others from among those who have suffered due to them shall stand in their place and swear by Allah that our testimony is truer than their testimony, and we have not transgressed; indeed, then we would be among the wrongdoers.
ذَٰلِكَ أَدْنَىٰ أَنْ يَأْتُوا بِالشَّهَادَةِ عَلَىٰ وَجْهِهَا أَوْ يَخَافُوا أَنْ تُرَدَّ أَيْمَانُهُمْ بَعْدَ أَيْمَانِهِمْ ۗ وَاتَّقُوا اللَّهَ وَاسْمَعُوا ۗ وَاللَّهُ لَا يَهْدِي الْقَوْمَ الْفَاسِقِينَ
That is more fitting so that they come to give testimony correctly or fear that their oaths may be invalidated after their own oaths. And fear Allah and listen. And Allah does not guide the defiantly disobedient people.
A will, being a precious trust, may be drafted either at home or during travel. In both circumstances, the presence of just witnesses to ensure its execution is essential. This comprehensiveness, like a steadfast bridge, encompasses the various conditions of human life and facilitates the implementation of justice in all situations.
The Holy Qur'an, in verse 106 of Surah Al-Ma'idah, emphasises the necessity of choosing just witnesses from among the believers ("those of justice from among you") or, in travel conditions, from non-believers ("others from outside your community"). This condition, like a robust shield, guarantees trusteeship in testimony and reveals the wisdom and flexibility of jurisprudence in accepting non-believing witnesses in exigent circumstances.
Should it be proven that witnesses have committed sin, verse 107 mandates the substitution of two other witnesses. These two individuals are from among those who have suffered due to the sins of the previous witnesses. This ruling, like a key for rectifying error, preserves justice within the testimonial system.
The new witnesses swear by Allah, affirming that their testimony is more accurate and that they have not transgressed. The admission that, if false, they would be among the oppressors, reflects an ethical awareness and accountability before God. This oath, like a light in darkness, strengthens confidence in testimony and condemns oppression as a grievous sin.
An estate, even if as simple as an old quilt or a donkeys saddle, may lead to dispute. This example, conveyed with sagacious humour, reveals that the root of disputes lies in greed or undue sensitivity, regardless of the material value of the possessions.
Today, the registration of wills through notaries, like a flowing stream, facilitates the process and reduces disputes. This development demonstrates the compatibility of modern legal systems with Sharia rulings while preserving the principle of justice.
Verse 108 states that these rulings are set to guarantee that testimony is delivered correctly. The fear of witnesses that their oaths may be invalidated after theirs acts as a moral chain that guides them towards honesty. The command to fear Allah and listen directs the believers to adhere to Divine rulings.
The verses emphasis that Allah does not guide the defiantly disobedient people introduces wickedness as a barrier to nearness to God. This ruling, like a clear mirror, demonstrates the connection between ethics and guidance.
Verses 107 and 108 of Surah Al-Ma'idah, with unparalleled precision, present jurisprudential and ethical rulings for wills and testimony. These rulings, like firm pillars, guarantee justice and trusteeship in the Quranic legal system and, with an emphasis on piety and honesty, point humanity towards the path of felicity.
One religious scholar stated: In a society where the majority are righteous, assume the correctness of testimony; but in a society dominated by corruption, exercise caution and assume incorrectness. This advice, like a guiding torch, recommends prudence in social interactions.
If humans could behold the Hereafter even for an hour, their conduct would transform. Yet the reality of the Hereafter, like a deep ocean, is far more profound than simplistic imaginations. This reflection introduces belief in the unseen as a key to behavioural reform.
A narrator speaks of an experience witnessing a person in Barzakh (the intermediary state) who has been suffering torment for centuries. This narration, with symbolic expression, illustrates the severity of punishment in the Hereafter and stresses the necessity of piety.
The Hereafter, like a vast universe, is not confined to Barzakh, Paradise, or Hell, but encompasses thousands of paths and ways. Each individual, ir deeds, attains a particular station, and this diversity reveals the infinite Divine justice.
يَا أَيَّتُهَا النَّفْسُ الْمُطْمَئِنَّةُ ٢٧ ارْجِعِي إِلَىٰ رَبِّكِ رَاضِيَةً مَرْضِيَّةً ٢٨ فَادْخُلِي فِي عِبَادِي ٢٩ وَادْخُلِي جَنَّتِي ٣٠
O tranquil soul, return to your Lord, well-pleased and pleasing [to Him]. So enter among My servants and enter My Paradise.
The Awliy (saints), like stars in the sky of guidance, are elevated to a special rank beyond
