Business contracts to be recorded in writing with witnesses, Caution to the recorder and the witnesses to be just and God fearing, Security and trust and its discharge.

Al-Baqarah Verses 282 - 283

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنْتُمْ بِدَيْنٍ إِلَىٰ أَجَلٍ مُسَمًّى فَاكْتُبُوهُ ۚ وَلْيَكْتُبْ بَيْنَكُمْ كَاتِبٌ بِالْعَدْلِ ۚ وَلَا يَأْبَ كَاتِبٌ أَنْ يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ ۚ فَلْيَكْتُبْ وَلْيُمْلِلِ الَّذِي عَلَيْهِ الْحَقُّ وَلْيَتَّقِ اللَّهَ رَبَّهُ وَلَا يَبْخَسْ مِنْهُ شَيْئًا ۚ فَإِنْ كَانَ الَّذِي عَلَيْهِ الْحَقُّ سَفِيهًا أَوْ ضَعِيفًا أَوْ لَا يَسْتَطِيعُ أَنْ يُمِلَّ هُوَ فَلْيُمْلِلْ وَلِيُّهُ بِالْعَدْلِ ۚ وَاسْتَشْهِدُوا شَهِيدَيْنِ مِنْ رِجَالِكُمْ ۖ فَإِنْ لَمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ مِمَّنْ تَرْضَوْنَ مِنَ الشُّهَدَاءِ أَنْ تَضِلَّ إِحْدَاهُمَا فَتُذَكِّرَ إِحْدَاهُمَا الْأُخْرَىٰ ۚ وَلَا يَأْبَ الشُّهَدَاءُ إِذَا مَا دُعُوا ۚ وَلَا تَسْأَمُوا أَنْ تَكْتُبُوهُ صَغِيرًا أَوْ كَبِيرًا إِلَىٰ أَجَلِهِ ۚ ذَٰلِكُمْ أَقْسَطُ عِنْدَ اللَّهِ وَأَقْوَمُ لِلشَّهَادَةِ وَأَدْنَىٰ أَلَّا تَرْتَابُوا ۖ إِلَّا أَنْ تَكُونَ تِجَارَةً حَاضِرَةً تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلَّا تَكْتُبُوهَا ۗ وَأَشْهِدُوا إِذَا تَبَايَعْتُمْ ۚ وَلَا يُضَارَّ كَاتِبٌ وَلَا شَهِيدٌ ۚ وَإِنْ تَفْعَلُوا فَإِنَّهُ فُسُوقٌ بِكُمْ ۗ وَاتَّقُوا اللَّهَ ۖ وَيُعَلِّمُكُمُ اللَّهُ ۗ وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ

“O’ ye who believe: when ye contract each other, a loan for a fixed term, then write1it down; and let a scribe write it down justly between you, and the scribe should not refuse to write (record it down) as God hath taught him so let him write and let him who oweth dictate, and he should take shelter in God his Lord and diminish not aught thereof; but if he who oweth be witless2or infirm3, or if he be not able to dictate himself then let his guardian dictate justly, then call to witness two witnesses from among your men and if there not be two men, then (take) a man and two women, of those ye approve of the witnesses, so that should one of the two (women) forget the (second) one of the two may remind the other; the witnesses should not refuse when summoned (to evidence); disdain not ye of writing it down, be the transaction small or big, with its fixed4term, (of its falling due): this procedure is the most equitable with God and the most confirmatory for evidence and nearest (to confirmation) that ye may not fall in (any kind of) doubt (thereafter) except (when) it be a ready (hand to hand) transaction of trade in which ye give and take among yourselves or then there be no blame on you if ye write it not; and have witnesses when (in this way) ye transact together and no scribe or witness should cause or suffer harm and if ye do (so), verily then it will be transgression of you; and take shelter in God, and God teacheth you; and God knoweth all things” (2:282).

وَإِنْ كُنْتُمْ عَلَىٰ سَفَرٍ وَلَمْ تَجِدُوا كَاتِبًا فَرِهَانٌ مَقْبُوضَةٌ ۖ فَإِنْ أَمِنَ بَعْضُكُمْ بَعْضًا فَلْيُؤَدِّ الَّذِي اؤْتُمِنَ أَمَانَتَهُ وَلْيَتَّقِ اللَّهَ رَبَّهُ ۗ وَلَا تَكْتُمُوا الشَّهَادَةَ ۚ وَمَنْ يَكْتُمْهَا فَإِنَّهُ آثِمٌ قَلْبُهُ ۗ وَاللَّهُ بِمَا تَعْمَلُونَ عَلِيمٌ

“And if ye be on a journey and ye find not a scribe then take a pledge5with possession; but if one of you trusteth the other, let the one trusted fulfil6his trust, and take shelter in God his Lord; and conceal not evidence; And whosoever concealeth it, then surely his heart is sinful; And Verily God knoweth all that ye do” (2:283).

Commentary

Verse 282

This verse deals with the subject of contracts. Note the precautions safeguarding the property rights instituted by Islam, as the first and the only religion to detail it as one of the doctrines commended by the faith which the parties profess. Such injunctions go to prove the universal welfare of the human society as a whole, Islam as a religion aims at, preparing mankind for an ever progressive and a well-developed civilized life in the world. The laws prescribed and the conduct commended to be current for all times without the least need for any amendment whatsoever.

The fact that women are more subject to tender emotions, hence more amenable to be easily influenced by circumstances, is recognised in holding two women’s evidence as equal to that of one man. It is in view of this native factor about the emotions in women that even in the law courts it is not held desirable and healthy to force a woman’s appearance in the open court of law as a witness with the purpose to subject her to any severe cross-examination so freely as a man can be done.

For the details of the precautionary legal step to be taken against the possible disputes in contracts refer ‘Fiqha.’ But what is noteworthy, is the importance attached to the recording in writing which shows the keen interest Qur’an takes to popularise literacy on one hand and to record down in writing the facts which might become the subject of disputes later on. For this purpose, the Holy Prophet did his best to remove the illiteracy to the extent that after the battle of Badr he asked the pagan captives who knew the art of writing that each should teach ten Muslim boys the art, and that would be considered a sufficient ransom to secure his freedom (Tabari). Nevertheless, that some of the ruling parties of the companions of the Holy Prophet where not in favour of writing down the sayings of the Holy Prophet although they used to quote his sayings whenever it served their purpose. If Qur’an recommends the faithful to note down the transactions taken place between individuals to avoid disputes among them, it would be much more imperative to note the saying and the deeds of the Holy Prophet, which is the second source of the Islamic theology and jurisprudence without which the whole edifice of the Islamic faith would tumble down to the ground. The disputes among the Muslims since the time of the departure of the Holy Prophet down to the present days, is due to this failure. But it should be noted that whether the ruling party was in favour of it or not, Ali and the people attached faithfully to the. House of the Holy Prophet were the advocates of writing down the teachings of the Holy Prophet.

Even Bukhari hints briefly at the existence of the records ‘Sahifa’ maintained by Ali which contained the actual dictations of the Holy Prophet. And the historians tell us about Abdullah Ibn Abu Rafe the freed slave attached to Ali, had produced records of the sayings of Holy Prophet narrated by Ali. Students of Qur’an and the life of the Holy Prophet, and the members of his family, would hardly doubt the amount of the importance attached by Islam to literacy and the intellectual progress in all aspects of human life. But for some political reasons the rulers of the Muslim state, immediately succeeding the Holy Prophet wanted to stop this movement lest the militant spirit of the Arabs might be affected by turning their attention to the intellectual progress. Not only did they stop the writing down of the Holy Prophet’s sayings, one of them (Omar) even ordered huge libraries in the conquered lands like Egypt and Persia to be burnt down with the plea that if those books be in agreement with the Holy Qur’an, we need them not, and if they disagree with the Holy Qur’an, we hate them7.

However, all the reasons given here in favour of writing down the contracts whether smaller or big, would be more in favour of writing down the sayings of the Holy Prophet which the companions did not do in the early days.

Neither the writer nor the witness should harm, nor be harmed. (A.P.)

Verse 283

A pledge of security stands separately on its own independent footing as a very convenient method of dealing in a situation in which the parties cannot trust each other, and when a proper documentary agreement with proper witnesses be not possible.

• 1. Note the practicability preached by Islam, Caution to avoid troubles in the future, to maintain strict justice and peace
• 2. Foolish
• 3. Protection of the interest of the weak
• 4. Agreed
• 5. Security.
• 6. Return the entrusted charge fully- Discharge of the trust one of the greatest demands of Islam.
• 7. Tabari, Yacoobi Etc.