The Surah Al-Baqarah, like a radiant gem within the treasury of the Holy Quran, presents a robust framework for the Islamic legal and judicial system. This Surah, through profound and meaningful verses, elucidates the conditions of justice in judgement and testimony, as well as the significance of written documents in transactions. In this treatise, with a profound examination of verses 124 and 282 of Surah Al-Baqarah, two fundamental axes are explored: firstly, the condition of justice in judgement and testimony, which, like a steadfast pillar, upholds the Islamic judicial system; secondly, the exalted status of writing as a valid document, which, like a golden key, opens the doors of assurance and trust in transactions. This analysis, expressed in clear and dignified language, aims to explain the Quranic concepts with scientific precision and a systematic outlook for researchers and seekers of truth.
"And when his Lord tested Abraham with certain words, and he fulfilled them, He said: 'I will make you a leader for mankind.' He said: 'And of my offspring?' He said: 'My covenant does not include the wrongdoers.'"
This verse, like a light shining from the heights of the heavens onto the earth, reveals the foundational condition of justice in the divine covenant. Almighty God, after testing Prophet Abraham (peace be upon him) and proving his merit, appointed him as an Imam for the people. However, when Abraham requested that this covenant be extended to his descendants, the divine response was explicit and decisive: "My covenant does not include the wrongdoers." This statement, like an eternal decree, emphasises the fact that any divine responsibilityincluding imamate, judgement, and testimonyis only befitting those who are free from injustice.
The term "wrongdoer" in this verse does not merely denote an unbeliever or an oppressor of others, but encompasses anyone who wrongs their own self, namely the sinful and the immoral. Sin, like a wound upon the human soul, deprives one of the eligibility to undertake divine positions. Sins are of two types: necessary sin, which, like a fire in solitude, harms only the individual, such as secretly breaking a fast; and contagious sin, which, like an infectious disease, draws others into the abyss of sin. Both types render a person a wrongdoer and disqualify them from eligibility for judgement or testimony.
In the elevated rank of imamate, infallibility is a necessary condition, such that only those free from all faults and sins are worthy of this station. However, at the level of deputyship and delegation, justice is the minimum essential condition. The judge and witness, as guardians of the sanctuary of justice, must be just to safeguard the Islamic judicial system from any deviation or corruption. A sinner, due to injustice towards self or others, cannot occupy this position; for trusting such a person is akin to relying on a broken branch, which leads to the collapse of justice.
One of the challenges of the Islamic judicial system is the absence of a systematic mechanism to ascertain the justice of witnesses. The judge, like a gardener who must assess the health of every branch, cannot confirm the justice of witnesses without knowing them or conducting personal investigations. This sometimes leads to the paralysis of an important segment of Islamic judgement. To address this gap, it is proposed that a division named Adjustment of Just Witnesses be established within the judiciary. This division, by employing just and trusted individuals, would verify the justice of witnesses and assure the judge of the validity of the testimony presented. These individuals, like trustworthy sentinels, must themselves be just and reliable to the judge, thus protecting the judicial system from any error.
The absence of such a mechanism in the current judicial system, like a fog over the mirror of justice, has diminished the efficacy of Islamic judgement. The judge cannot know all people, and personal investigation, being an endless journey, paralyzes judgement. Therefore, establishing a division for the Adjustment of Just Witnesses is not only necessary but a fundamental step towards the realization of Quranic justice.
Verse 124 of Surah Al-Baqarah, like a guiding light, emphasises the necessity of justice in judgement and testimony. The wrongdoer, whether sinner or immoral, is disqualified from holding divine positions. This verse directs the Islamic judicial system towards establishing mechanisms for ascertaining justice. The proposal to establish a division for Adjustment of Just Witnesses in the judiciary is a step towards addressing existing shortcomings and realising Quranic justice, which purifies society from all forms of oppression and deviation like a clear flowing stream.
"O you who have believed, when you contract a debt for a specified term, write it down. And let a scribe write [it] between you in justice. Let no scribe refuse to write as Allah has taught him. So let him write and let the one who has the obligation dictate. And let him fear Allah, his Lord, and not diminish anything from it. But if the one who has the obligation is of limited understanding or weak or unable to dictate himself, then let his guardian dictate in justice. And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnessesso that if one of the women errs, then the other can remind her. And let not the witnesses refuse when they are called upon. And do not be [too] weary to write it, whether it is small or large, for its [specified] term. That is more just in the sight of Allah and stronger as evidence and more likely to prevent doubt between you. Except when it is a transaction conducted on the spot between youfor [then] there is no blame upon you if you do not write it. And take witnesses when you conclude a contract. Let no scribe be harmed or any witness. For if you do so, indeed, it is [grave] disobedience in you. And fear Allah. And Allah teaches you. And Allah is Knowing of all things."
This verse, like a clear spring, provides a precise framework for the legal system of transactions in Islam. The emphasis on writing ("write it down") and the condition of justice for the scribe ("let a scribe write [it] between you in justice") reflects the Quranic concern for written documents as a firm foundation in financial and judicial relations. Writing, like a pen inscribing truth upon a tablet, prevents all doubt and dispute.
The term "Kitb" (book) and its derivatives occur approximately 316 times in the Holy Quran, shining like stars in the sky of divine discourse, illuminating the importance of writing in the Islamic legal and social system. Verse 282 of Surah Al-Baqarah, by emphasising the documentation of debt transactions, even in small amounts ("small or large"), indicates that writing acts as a firm barrier preventing distortion and misuse in transactions. This facilitates judgement and renders it more just, as if each written document opens a gateway to assurance and trust.
Unlike testimony, which requires the justice of the witness, writing itself is considered a valid document, provided that the scribe is just. The justice of the scribe, like a trustworthy guardian, prevents the falsification of the document and the conversion of debtor into creditor. This condition indicates the Quranic emphasis on honesty and trustworthiness in document drafting. If the scribe is not just, he may, like a wolf in sheeps clothing, distort the document and violate rights.
Some past religious scholars, due to historical constraints such as illiteracy, have attributed less credibility to writing and regarded oral testimony as more valid. However, the practice of the intellectually sound in the contemporary era, like a powerful current, emphasises the importance of written documents. The Holy Quran also considers writing more credible than oral testimony, as demonstrated in verse 282, where the documentation of transactions is emphasised even without the necessity of witnesses. This underscores the need to revisit traditional approaches in religious jurisprudence to align them with contemporary needs and the practice of reason.
In cash transactions ("spot trade"), the Quran does not make writing compulsory but requires that witnesses be just if present. This flexibility, like a breeze blowing according to the season, reflects the wisdom and comprehensiveness of the Islamic legal system.
Verse 282 of Surah Al-Baqarah, like a precise blueprint, offers a solid framework for the legal system of transactions. Emphasising writing and the justice of the scribe, it introduces the written document as a firm foundation in financial and judicial relations. Criticism of traditional jurisprudential approaches that have given more weight to oral testimony demonstrates the necessity of adapting jurisprudence to the practice of the intellectually sound. This verse, by providing a flexible yet precise framework, paves the way for legal and jurisprudential research in the field of Islamic document systems.
Surah Al-Baqarah, through verses 124 and 282, elevates the Islamic judicial and legal system with two powerful wings. Verse 124, emphasising justice in judgement and testimony, excludes wrongdoers from any divine responsibility and stresses the necessity of establishing mechanisms such as the Adjustment of Just Witnesses to verify the justice of witnesses. Verse 282, by explaining the importance of writing and the justice of the scribe, presents the written document as a firm foundation in the legal system. These two verses, like twin gems in the crown of divine wisdom, clear the path for the realisation of justice and trust in Islamic society. This analysis, relying on Quranic concepts and critically addressing the shortcomings of the judicial system, provides a valuable foundation for jurisprudential and legal research, enabling the Islamic society, like a mighty tree, to continue its growth and flourishing under
