Surahs Talaq and Maidah, two luminous jewels from the treasury of the Holy Quran, contain rulings and principles that, like guiding lights, illuminate the path of justice, ethics, and guidance for the Islamic Ummah. This treatise, through contemplation on selected verses from these Surahs, examines three fundamental topics: explanation of accusation, gambling, and testimony. These subjects, analysed within jurisprudential, social, and psychological frameworks, not only address judicial and ethical issues of the Islamic society but also, like a mirror, reflect divine wisdom in judgement and human behaviour. The objective of this work is to elucidate these concepts with a clear and firm language to guide the reader into the depths of Quranic meanings.
The explanation of accusation is akin to a key that opens the doors to understanding justice. This principle holds a lofty position in divine and Islamic judgement, because without informing the accused of the crime and its evidences, justice, like a flower devoid of colour and scent, loses its effect. The Holy Quran, in numerous verses, emphasises this principle and demonstrates that God, before executing the judgement, makes man aware of his mistakes so that his heart consents to justice.
Key point: The explanation of accusation in divine judgement is a process that guides man to awareness of his actions and acceptance of Gods justice. This process not only manifests justice but also prepares the human heart to submit to divine wisdom.
وَكَذَٰلِكَ أَوْحَيْنَا إِلَيْكَ رُوحًا مِنْ أَمْرِنَا ۚ مَا كُنْتَ تَدْرِي مَا الْكِتَابُ وَلَا الْإِيمَانُ وَلَٰكِنْ جَعَلْنَاهُ نُورًا نَهْدِي بِهِ مَنْ نَشَاءُ مِنْ عِبَادِنَا ۚ وَإِنَّكَ لَتَهْدِي إِلَىٰ صِرَاطٍ مُسْتَقِيمٍ
"And thus We have revealed to you a spirit from Our command. You did not know what the Book was nor what faith was, but We have made it a light by which We guide whom We will of Our servants. And indeed, you guide to a straight path." (Surah Ash-Shura)
This verse, like a blazing torch, indicates that God grants awareness to man prior to guidance. On the Day of Resurrection, this awareness manifests through the explanation of accusation. As stated in verse 30 of Surah Al-Kahf:
اقْرَأْ كِتَابَكَ كَفَىٰ بِنَفْسِكَ الْيَوْمَ عَلَيْكَ حَسِيبًا
"Read your record. Sufficient is yourself against you this Day as accountant." (Surah Al-Kahf, 18:30)
This verse invites man to be the judge of his own deeds and to acknowledge divine justice by reading the record of his actions. This process acts like a mirror confronting man with his truth and leads him to accept the judgement.
In the Islamic judicial system, explanation of accusation stands as a firm pillar that upholds justice. Without informing the accused of the crime and its evidences, the issued verdict is like a rootless tree, devoid of validity. Regrettably, in some judicial systems, this principle is neglected, and defendants face verdicts without full knowledge of the accusations. This matter, like a thorn in the foot of justice, leads to public dissatisfaction and diminished trust in the judiciary. The Holy Quran emphasises this principle in verse 15 of Surah Al-Isra:
مَنِ اهْتَدَىٰ فَإِنَّمَا يَهْتَدِي لِنَفْسِهِ ۖ وَمَنْ ضَلَّ فَإِنَّمَا يَضِلُّ عَلَيْهَا ۗ وَلَا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَىٰ ۗ وَمَا كُنَّا مُعَذِّبِينَ حَتَّىٰ نَبْعَثَ رَسُولًا
"Whoever is guided is only guided for [the benefit of] himself, and whoever errs only errs against it. And no bearer of burdens will bear the burden of another. And We do not punish until We have sent a messenger." (Surah Al-Isra, 17:15)
This verse, like a clear spring, indicates that God sends a messenger for awareness before punishment. Similarly, in Islamic judgement, the judge is obliged to inform the accused of the crime and its evidences so that justice, like a blossoming flower, shines in the heart of society.
One of the challenges of the judicial system is the absence of correct explanation of accusation and verdicts. This deficiency, like a heavy shadow, undermines public trust and spreads dissatisfaction within society. Religious knowledge, which is like a guiding light, emphasises the necessity of transparency in judgement. The judge must, like a knowledgeable gardener, plant the seed of awareness in the heart of the accused so that through accepting the verdict, he believes in justice. This process not only strengthens justice but also returns tranquillity to society like a cool breeze.
The explanation of accusation is like a bridge that connects divine justice to human justice. On the Day of Resurrection, God, by informing man of his deeds, satisfies him with justice. In Islamic judgement, this principle must be implemented with transparency to strengthen public trust. Religious knowledge, emphasising this principle, paves the way for reforming the judicial system.
Gambling, like a burning fire, threatens the moral and economic foundations of society. The Holy Quran, with clarity and wisdom, considers this act a major sin and introduces it alongside wine and idol worship as a lethal poison.
Key point: Gambling is forbidden due to the absence of a legitimate way to transfer wealth, and it harms social and economic cohesion like a destructive storm.
يَا أَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالْأَنْصَابُ وَالْأَزْلَامُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ
"O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful." (Surah Al-Ma'idah, 5:90)
This verse introduces gambling as a defilement originating from Satans temptations. From a jurisprudential perspective, gambling is forbidden due to the absence of a legitimate contractual method for transferring wealth; ownership without lawful contract is like a building without pillars, destined to collapse.
Some suggest that gamblers can gift the money to one another to circumvent the prohibition on wealth. This suggestion, akin to an attempt to cover a deep wound with a thin cloth, is criticised jurisprudentially. Religious scholars emphasise that the money exchanged in gambling (the stake) is forbidden, and a nominal gift cannot legitimise it because the primary intent is gambling, not a genuine gift. Psychologically, this solution can serve as a justification for continuing wrongful behaviour and is misleading like a mirage.
Gambling, like a devastating storm, harms social and economic cohesion. Sociologically, it leads to financial dependency and weakens a healthy economy. Psychologically, gambling acts as an addiction trap, dragging individuals into irresponsibility and weakening their willpower.
Gambling, due to its juridical prohibition and destructive effects on society and the human psyche, is a major sin. The proposal of hibah to legitimise gambling money is jurisprudentially unacceptable and cannot remove the prohibition. Religious knowledge, by emphasising avoidance of gambling, paves the way for maintaining moral and social health.
Testimony is like a pillar that upholds judicial justice. The Holy Quran, emphasising the justice of the witness, elucidates the conditions and characteristics of this critical matter. The verses of Surahs Talaq and Maidah, like shining lamps, illuminate the path of just testimony.
Key point: The justice of the witness depends on abstaining from major sins and immorality, and from among you primarily refers to Muslims, but in cases of necessity, testimony of non-Muslims is also accepted.
وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِنْكُمْ وَأَقِيمُوا الشَّهَادَةَ لِلَّهِ
"And take two witnesses from among you and establish the testimony for Allah." (Surah Talaq, 65:2)
Also, in verse 95 of Surah Maidah it is stated:
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَقْتُلُوا الصَّيْدَ وَأَنْتُمْ حُرُمٌ ۚ ... فَيَحْكُمُ بِهِ ذَوَا عَدْلٍ مِنْكُمْ هَدًى بَالِغَ الْكَعْبَةِ
"O you who have believed, do not kill game while you are in the state of ihram... then let two just men from among you decide on its penalty for the Ka'bah." (Surah Maidah, 5:95)
The phrase "two just men from among you" in these verses stresses the necessity of witness justice and their belonging to the Muslim community. But does from among you refer solely to Muslims or also include social classes? Jurisprudentially, from among you primarily indicates Muslims, but verse 106 of Surah Maidah reveals flexibility in emergencies:
يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنَكُمْ إِذَا حَضَرَ أَحَدَكُم
