of Nokounam, (Session 1625)
This treatise undertakes an in-depth examination and analysis of two fundamental themes in Surah Al-Baqarah of the Holy Quran: concealment of testimony and charity (infaq). These two subjects, articulated with precision and subtlety within the verses of this Surah, are presented not merely as juridical rulings but as foundational principles of social justice and the Islamic economic system. Employing an analytical and systematic approach, the study explores the meanings of the verses, critiques potential abuses thereof, and elucidates the role of these rulings in upholding human dignity and social order. Inspired by the discourses of religious scholars, the present work endeavours to convey these concepts in a clear and dignified manner, catering to readers interested in a profound understanding of the Holy Quran and its applications in social life. The structure of this document is arranged to delineate topics distinctly and to incorporate supplementary explanations, thus providing a coherent and lucid framework for comprehending these verses.
وَلَا تَكْتُمُوا الشَّهَادَةَ ۚ وَمَنْ يَكْتُمْهَا فَإِنَّهُ آثِمٌ قَلْبُهُ ۗ وَاللَّهُ بِمَا تَعْمَلُونَ عَلِيمٌ
"And conceal not testimony, for whoever conceals ithis heart is indeed sinful; and Allah is well aware of what you do."
This verse explicitly declares concealment of testimony not merely as a reprehensible act but as a sin that corrupts the heart and undermines an individual's moral and psychological integrity. Testimony, as a fundamental pillar in the realisation of social justice, plays an irreplaceable role in safeguarding individual rights and preventing oppression. The phrase his heart is indeed sinful indicates the profound effect of this transgression on the heart and soul, as if hiding the truth dims the light of faith within ones breast like a dark shadow.
This verse, by emphasising the importance of honesty in testimony, reinforces the foundations of social justice. Testimony acts as a bridge linking truth to justice, and concealing it destroys that bridge.
A significant aspect of the verses interpretation lies in critiquing the misuse of this ruling to legitimise unethical acts, such as corporal punishment or torture aimed at extracting information. Some might erroneously cite this verse to justify physical penalties for concealment of testimony. However, such an interpretation is incongruent with the spirit of the verse. The verse addresses the sinfulness of concealing testimony at a moral and spiritual level, not as a licence for corporal punishment or penal measures.
If the objective is to extract information to protect higher interestssuch as saving livessuch an act must be conducted within the principle of conflicting necessities (tazahum) and limited to what is absolutely necessary, rather than as a punishment for the sin of concealment itself.
In other words, if a person holds information crucial for preserving the system or preventing imminent harm, extracting that information may be permissible under special circumstances, but it should never be justified by reference to the concealment verse. Such justification is akin to draping an ill-fitting garment over the body of truth, which neither serves justice nor safeguards the sanctity of religion.
This critique particularly stresses the necessity to avoid fabricating arguments. Religious scholars must refrain from seeking unfounded justifications for their actions and must openly admit the absence of valid grounds when applicable. Such honesty acts like a mirror, reflecting the truth of religion in an unblemished manner.
The subsequent analysis underscores the principle of non-infringement upon human dignity. No one is entitled to violate anothers dignity under the pretext of sin, including concealment of testimony, except in cases where overriding interests, such as saving lives, demand it. Even in such instances, the action must be limited to necessity and comply with both religious and rational boundaries. This principle serves as a guiding light clarifying the path of justice and preventing punishment from devolving into oppression.
For instance, if a person possesses information about the location of a bomb threatening human lives, efforts to extract this information may be permissible but must be evaluated from the perspective of necessity and conflicting interests, rather than as punishment for the sin of concealment. This distinction safeguards against misuse of the verses and highlights the significance of preserving human dignity.
Verse 2:283 of Surah Al-Baqarah, by emphasising the prohibition of concealing testimony, reinforces the foundations of social justice. The verse views concealment of truth as a sin of the heart, harmful to the moral health of individuals and society. Nevertheless, misuse of this verse to justify illegitimate acts, such as punishment for extracting information, is erroneous and incompatible with the spirit of the Holy Quran. In cases of necessity, such as saving lives, extracting information may be permitted but must be conducted within the framework of conflicting necessities and with respect for human dignity. Religious scholars must avoid fabricating reasons and maintain honesty in interpreting and implementing the rulings.
يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى ۖ الْحُرُّ بِالْحُرِّ وَالْعَبْدُ بِالْعَبْدِ وَالْأُنْثَىٰ بِالْأُنْثَىٰ ۚ فَمَنْ عُفِيَ لَهُ مِنْ أَخِيهِ شَيْءٌ فَاتِّبَاعٌ بِالْمَعْرُوفِ وَأَدَاءٌ إِلَيْهِ بِإِحْسَانٍ ۖ ذَٰلِكَ تَخْفِيفٌ مِنْ رَبِّكُمْ وَرَحْمَةٌ ۖ فَمَنِ اعْت
