Al-Baqarah 2:277–283

The third verse (277) mentions the great reward of peace and comfort that awaits the truly believing and practising Muslims, who are steadfast in Salah نماز and زکاۃ Zakah. Since, in the verse previous to this, the punishment of Hell and the disgrace the consumers of ربا riba will be facing was mentioned, so in accordance with the general style of the noble Qur'an, the merit - in آخرۃ Akhirah - of the believing-practising Muslims, those steadfast in Salah نماز and زکاۃ Zakah, was mentioned alongside.

The gist of the fourth verse (278): يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَذَرُ‌وا مَا بَقِيَ مِنَ الرِّ‌بَا إِن كُنتُم مُّؤْمِنِينَ those who believe, fear Allah and give up what still remains of the riba if you are believers" is that, after the revelation that prohibited riba, the giving and taking of the amount of ربا riba that remained due against anyone was also prohibited.

Explaining this, it can be said that ربا riba was rampant all over Arabia before it was prohibited by revelation. When verses earlier than the present one brought forth its prohibition, Muslims - following their Qur'an-oriented habit - abandoned all their ربا riba-related dealings. But some people had claims of unpaid ربا riba amounts on some others. In that connection, it so happened that Banu Thaqif and Banu Makhzum, two Arab tribes, had mutual ربا riba dealings and people from Banu Thaqif had claims of unpaid ربا riba amounts against Banu Makhznm. When Banu Makhzum became Muslims they, after having made their commitment to Islam, thought it to be impermissible to pay back the amount of ربا riba due. On the other side were Banu Thaqif; their people started pressing their claim. Since these people had become Muslims, but did have a mutual peace agreement, the people of Banu Makhzum told them that they had now entered the fold of Islam and had no intention of spending their Islamic earnings in paying off ربا riba.

This dispute rose in Makkah. That was a time after the conquest of Makkah. Sayyidna Muadh ؓ (according to another report, Sayyidna ` Attab ibn 'Asid ؓ was the Amir of Makkah, governor of the city, appointed by the Holy Prophet ﷺ . He reported this dispute in writing to him requesting his guidance. It was in this background that this verse of the Qur'an was revealed, the gist of which is that all previous dealings involving ربا riba should be terminated after entry into the fold of Islam, also no previous riba amount should be realized. The principal was all that could be taken.

When this Islamic law was enforced, the Muslims were already bound by it. The non-Muslim tribes who had accepted the Islamic law as party in peace treaties, they too, were bound by it. But, in spite of this, when the Holy Prophet ﷺ announced this law in his famous address of the Last Hajj (حجۃ الوداع), he made it a point to say that this law does not carry behind it the financial interest of any individual, or nation, or Muslims themselves. This has been brought into force to reconstruct, reform and better the whole humanity. Therefore, first of all, we let go large amounts of ربا riba owed by non-Muslims to Muslims. Now they too should have no excuse in leaving off the amount of ربا riba they claimed. As he said in his Address:

الا اَن کل ربا کان فی الجاھلیہ موضوع عنکم کلہ لکم رؤس اموالکم لا تظلمون ولا تظلمون و اول ربا موضوع ربا العباس بن عبد المطلب کلہ (ابن کثیر بحوالہ ابن ابی حاتم)

which means that the ربا riba content of all ربا riba dealings made in the age

of ignorance stood forsaken. Now everyone will get the principal and no one will get the extra amount of ربا riba. 'Neither shall you be able to do injustice to anyone by charging an increased amount, nor shall anyone be able to do injustice to you by decreasing the amount of your principal.' And the first ربا riba that was surrendered was the ربا riba of Sayyidna ` Abbas ibn ` Abd al-Muttalib ؓ ، large amounts of which were due on non-Muslims in the form of ربا riba.

The subject verse refers to this happening and sets out the injunction to leave off all standing ربا riba amounts.

As the verse opens addressed to Muslims, they were first given the command of اتَّقُوا اللَّهَ that is, 'fear Allah.' Given after that was the injunction covering the real issue. This is the same unique style of the Qur'an which distinguishes it from all the law books of the world. When a law, which is somewhat difficult to act upon, is given, it has the prefixes and suffixes of accountability of deeds before Allah Almighty, and the punishment and reward of the Hereafter, so that Muslim minds and hearts become prepared to act upon it; the injunction is announced after that. Here too, the forsaking of the amount of matured ربا riba could weigh heavy on human disposition, therefore, said first was اتَّقُوا اللَّهَ (fear Allah). After that, came the injunction: وَذَرُ‌وا مَا بَقِيَ مِنَ الرِّ‌بَا that is, 'leave off ربا riba that remains.' Towards the end of the verse it was said: إِن كُنتُم مُّؤْمِنِين that is, 'if you are believers.' Here it was indicated that ‘Iman (faith, belief) requires that Divine injunctions should be followed faithfully. Acting otherwise negates ایمان 'Iman. Since this injunction was somewhat heavy on temperaments, اتَّقُوا اللَّهَ (Fear Allah) was added before it, and; إِن كُنتُم مُّؤْمِنِين (If you are believers) after it.

After that, in the fifth verse (279), severe warning has been given to those who act contrary to this injunction. They are told if they do not abandon ربا riba, they must face a declaration of war from Allah Almighty and His Messenger. So severe is this warning that any other warning of such severity does not appear anywhere in the Qur'an in relation to any other sin, no matter how great, except kufr (disbelief), of course. The verse then closes with the words: وَإِن تُبْتُمْ فَلَكُمْ رُؤسُ أَمْوَالِكُمْ that is, 'if you repent and resolve to leave off the remaining amount of ربا riba in future, you will get your principal. Neither will you be able to do injustice to anyone by extracting more than your principal, nor will anyone be able to do injustice to you by decreasing or delaying the return of your principal.' Here the receipt of the principal has been conditioned by saying that you repent, and resolve that you will abandon ربا riba in future, and only then, you shall get your principal.

Evidently this indicates if repentance ( توبہ Taubah) was not done by resolving to give up ربا riba, receiving the principal will no more be in order. Here are the related details. Take the case of a person who just does not believe that ربا riba could be حرام haram and therefore, he does not repent and resolve that he will have nothing to do with ربا riba anymore - then this person goes out of the fold of Islam and becomes an apostate (: مرتد murtadd). The injunction governing an apostate is that his belongings go out of his possession. As a consequence, that which he has earned during the period he was a Muslim, goes to his Muslim inheritors, and that which he earns after involvement with کفر kufr is deposited in the Baytul-Mal (بیت المال : the Exchequer of an Islamic State). Therefore, should his non-repentance be because he considers ربا riba to be حلال halal , he will not be entitled to receive even his principal. And if he does not go to the limit of considering ربا riba as حلال halal but, nevertheless, in actual practice, does not stop getting involved with it and, on top of that, gangs up with his kind and stands in confrontation with the Islamic government, he then is a rebel. His belongings too, are confiscated and placed as trust in the Baytul-Mal بیت المال ، so that it could be given back to him when he repents. Perhaps, it is to point out to such details that it was said in the form of a condition وَإِن تُبْتُمْ فَلَكُمْ رُ‌ءُوسُ أَمْوَالِكُمْ which implies that, if you do not repent, even your principal will be held back.

After that there is the sixth verse (280) which, in comparison to the anti-human claim of ربا riba, has stressed upon pure moral behavior of showing lenience to the poor and the have-nots. It is said that, if your borrower is too poor to pay back your loan, the provision of Shari'ah is that he be given time until he has the means, and should you forgive him your loan, it is much better for you.

The general habit of ربا riba-consumers is that they, once they know that their borrower is poor and cannot pay the loan back at the appointed time, add up the ربا riba amount in the principal unleashing a vicious series of ربا riba over ربا riba, even increasing the rate of riba in that process.

Here Allah Almighty, the wisest of all law-givers, gave the law that a genuinely poor borrower who is unable to pay back his loan should not be harassed. Instead, he should be given respite until such time that he becomes capable of doing so. Along with it was given the inducement to forgive the loan which is more beneficial for the lender.

The word, صدقہ sadaqah has been used here by the Qur'an to mean the act of forgiving. The hint given is that this forgiveness will become an act of charity in your case and will bring forth great merit. As for the statement - 'if you forgive, that is better for you' - it can be said that this action was obviously a matter of total loss for them because they were not only being asked to surrender ربا riba but also were going to lose their own principal! Still, the Qur'an called it 'better' (khayr). There are two reasons for this:

1. This betterment will be witnessed soon after the transitory life of this world when, in lieu of this insignificant earning, one will get the eternal blessings of Paradise.

2. Perhaps there may be yet another hint towards the possibility that one will himself see how good comes out of his deeds. There will be بر کہ barakah (increase, bliss) in what one has. The essence of بر کہ barakah is that a little serves to take care of a lot more needs, even without a quantitative increase in what one has. As such, it is commonly witnessed that there is unlimited بر کہ barakah in the wealth of those who spend in صدقہ sadaqah and خیرات khayrat. The little they have serves to take care of so many needs which will never be liquidated with large amounts of money spent by those whose money is Haram (unlawful).

Then there is the wealth not blessed with بر کہ barakah. One never realizes the purpose for which it is spent. Or, it so happens that such rich people have to spend huge amounts of money on undesirable heads such as medicines, treatment and consultancy fees, which is something the poor do not face. First of all, Allah Almighty blesses them with health which frees them from spending on their treatment and, in case they do fall ill, ordinary treatment gives them their health back. Seen from this angle, forgiving the poor person the loan due to him, which is apparently a matter of loss, becomes under this Qur'anic teachings, a beneficial act.

This teaching of giving respite to a poor borrower has also been commended in authentic ahadith some of which are reproduced below.

According to a hadith, in the Mu'jim of al-Tabarani, a person who wishes to be under the shadow of divine mercy when there will be no other shadow for anyone to hide under, he should treat the poor borrower with lenience and deferment, or forgive him the debt, if it comes to that.

Another hadith similar to this appears in Sahih Muslim as well. It is said in a hadith from the Musnad of Ahmad that the person who grants respite to a penniless borrower will get a daily ثواب thawab of صدقہ sadaqah in proportion to the amount due against that borrower. And this calculation covers the act of giving respite well before the deadline for repayment arrives; and when the deadline for repayment does arrive and the borrower does not have the means to pay, the respite given at that time will bring forth for the giver of respite a daily ثواب thawab of giving twice that amount in صدقہ sadaqah.

Another hadith says that a person who wishes that his prayer be answered, or his misfortune be removed, he should give respite to the penniless in debt.

In the last verse (281), there appear again the subjects of the fear of the Last Day, its accounting, its rewards and punishment, at which end these verses containing the injunctions of ربا riba. It was said in this last verse:

وَاتَّقُوا يَوْمًا تُرْ‌جَعُونَ فِيهِ إِلَى اللَّهِ ۖ ثُمَّ تُوَفَّىٰ كُلُّ نَفْسٍ مَّا كَسَبَتْ وَهُمْ لَا يُظْلَمُونَ ﴿281﴾

That is, fear a day on which all of you will be assembled be-fore Allah when everyone will be fully and equitably recompensed for his deeds and they will not be wronged.

Sayyidna ` Abdullah ibn ` Abbas ؓ says that this verse is the last in the order of its revelation. No other verse was revealed after that. Thirty-one days later, the Holy Prophet ﷺ left this mortal world. There are other reports which say that this happened after only nine days.

Upto this point, the explanations have been restricted to the verses of Surah al-Baqarah which concern the injunctions of ربا riba. Dealing with the unlawfulness and prohibition of ربا riba, there are in the noble Qur'an seven verses of Surah a1-Baqarah cited above, one verse in Surah Al-` Imran and two verses in Surah al-Nisa'. There is yet another verse in Surah al-Rum the explanations of which differ. Some have taken it too in the sense of usury or interest, while others hold that it has some other connotation. Thus there are ten verses of the Holy Qur'an which carry the injunctions of ربا riba or interest.

Before we get to know the whole truth about ربا riba, it seems appropriate that the translation and explanation of the rest of the verses which appear in the Surahs Al-` Imran, al-Nisa' and al-Rum, should be given here so that it becomes easy for us to understand the true nature of ربا riba in the combined perspective of all these verses. Verse 130, of Surah Al-` Imran (3) reads as follows:

يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَأْكُلُوا الرِّ‌بَا أَضْعَافًا مُّضَاعَفَةً ۖ وَاتَّقُوا اللَّهَ لَعَلَّكُمْ تُفْلِحُونَ ﴿130﴾

O those who believe, do not eat ربا Riba (usury or interest) multi-plied many times. And fear Allah, so that you may be successful.

There is a special event behind the revelation of this verse. In pre-Islam Arabia, the general pattern of ربا riba transactions was that loans were given on ربا riba for a set period of time; when that period expired and the borrower was unable to pay it back, he was given an extension of time on the condition that the amount of riba was to be increased. Similarly, if payment was not made even on the expiry of the second deadline, the amount of ربا riba was further increased. This fact is mentioned in general books of Tafsir, specially in Luba al-Nuqul, on the authority of Mujahid.

The verse was revealed to eradicate this inhuman custom of pre-Islam Arabia. Therefore, by saying (ad` afam'Muda'afata أَضْعَافًا مُّضَاعَفَةً multiplied many times) in the verse, their prevailing practice was condemned and they were warned on their selfishness and anti-community conduct, and naturally so, it was declared prohibited. This does not mean that ربا riba will not be prohibited if it happens not to be multiplied many times, because the absolute prohibition of ربا riba has been very clearly stated in Surah al-Baqarah and Surah al-Nisa', irrespective of its being doubled or multiplied many times. This is like it has been said at several places in the Holy Qur'an: لَا تَشْتَرُ‌وا بِآيَاتِي ثَمَنًا قَلِيلًا (Do not take a paltry price in exchange of My verses). The expression 'paltry price' was used here to indicate that even if the kingdom of the whole world was taken in exchange for the Divinely revealed verses, the price will still be 'paltry.' It does not mean that taking a paltry price against the verses of the Qur'an is Haram, but taking a higher price would be permissible. Similarly, the expression أَضْعَافًا مُّضَاعَفَةً (multiplied many times), has been introduced only to focus attention on their shameful method and it is not a necessary condition for the prohibition.

Moreover, if we think about the prevalent methods of ربا riba, we will reach the conclusion that once the habit of taking ربا riba is settled, the ربا riba does not remain simple ربا riba anymore; it necessarily becomes doubled and multiplied because the amount accrued from ربا riba becomes a part of the total amount owned by the creditor and, when he further circulates this additional amount of ربا riba on interest or usury, the ربا riba becomes multiplied. Should this chain action go on building up, nothing can stop it from becoming : أَضْعَافًا مُّضَاعَفَةً (multiplied many times). This way every ربا riba will end up increasing several times.

Having dealt with verse 130 of Surah Al-` Imran, let us now look at the two verses, 160 and 161 of Surah al-Nisa' which concern ربا riba. These are as follows:

فَبِظُلْمٍ مِّنَ الَّذِينَ هَادُوا حَرَّ‌مْنَا عَلَيْهِمْ طَيِّبَاتٍ أُحِلَّتْ لَهُمْ وَبِصَدِّهِمْ عَن سَبِيلِ اللَّهِ كَثِيرً‌ا ﴿160﴾ وَأَخْذِهِمُ الرِّ‌بَا وَقَدْ نُهُوا عَنْهُ وَأَكْلِهِمْ أَمْوَالَ النَّاسِ بِالْبَاطِلِ ۚ وَأَعْتَدْنَا لِلْكَافِرِ‌ينَ مِنْهُمْ عَذَابًا أَلِيمًا ﴿161﴾

So, for the transgression of those who became Jews, We prohibited for them the good things earlier made lawful for them and for their preventing (people) frequently from the way of Allah, and for their taking ربا riba (usury or interest) while they were forbidden from it, and for their eating up the properties of the people by false means. And We have prepared, for the disbelievers among them, a painful punishment.

These two verses tell us that ربا riba was equally prohibited under the law of Sayyidna Musa (علیہ السلام) .When the Jews opposed it, they were appropriately punished in their worldly life when they started devouring the unlawful just out of greed for the mortal gains of the world, consequently then, Allah Almighty declared some lawful things prohibited for them.

Verse 39 of Section 4 in Surah al-Rum is as follows:

وَمَا آتَيْتُم مِّن رِّ‌بًا لِّيَرْ‌بُوَ فِي أَمْوَالِ النَّاسِ فَلَا يَرْ‌بُو عِندَ اللَّهِ ۖ وَمَا آتَيْتُم مِّن زَكَاةٍ تُرِ‌يدُونَ وَجْهَ اللَّهِ فَأُولَٰئِكَ هُمُ الْمُضْعِفُونَ ﴿39﴾

And what you give in usury, that it may increase upon the people's wealth, increases not with God; but what you give in alms, desiring God's Face, - they shall receive recompense manifold. (30:39)

Some commentators have taken this verse, like others mentioned earlier, to be dealing with interest or usury in view of the use of the word ربا riba meaning 'increase' in the text. According to them, the verse means that money does seem to increase apparently by taking interest, but in fact, it does not. It is like the case of a person whose body gets swollen. Obviously this 'increases' his -body but no sane person would be happy with this sort of 'increase'. On the contrary, he would regard it as death in the offing. As compared to this, the giving of زکاۃ Zakah and صدقہ sadaqah does seem to decrease the wealth apparently, but that is no decrease in fact, rather on the contrary, it is the source of thousands of increases. It is like someone who takes purgative as system-cleanser or lets blood as a therapeutic measure; he looks weak on the outside and seems to miss something in his body but those who know regard this 'decrease' to be a fore-runner of his 'increase' in health and strength.

According to some scholars of tafsir, this verse does not refer to the prohibition of usury or interest at all, rather, the word ربا 'riba-' used in that verse refers to a gift presented to someone, not in good faith, but with the intention that it would bring back some better gift in return from the receiver. The gifts of this type are in vogue in some communities at the time of marital ceremonies Since this type of giving is to seek selfish ends and not to seek the pleasure of Allah Almighty, therefore, it was said in the verse that by doing so your wealth may seem to increase, but actually it does not increase with Allah, while that which is given as زکاۃ Zakah and صدقہ sadaqat to seek the pleasure of Allah Almighty goes on to double and redouble with Allah.

According to this explanation, the sense of the verse will match with what was said addressing the Holy Prophet ﷺ in another verse (74:6): وَلَا تَمْنُن تَسْتَكْثِرُ‌ that is, do not do favour to anyone with the intention that it may bring to you some added benefit in return.

This second explanation appears to be obviously weightier in connection with this verse of Surah al-Rum. Firstly, because Surah al-Rum is Makki. Although, it is not necessary that every verse in a Makki Surahs is revealed in Makkah, yet there exists strong probability that it is so unless proved otherwise. And in case the verse is Makki, it cannot be interpreted to carry the sense of the prohibition of ربا riba because the prohibition of ربا riba came by revelation in Madinah. In addition to this, the subject dealt with earlier than this verse also indicates a tilt towards this explanation. There it was said:

فَآتِ ذَا الْقُرْ‌بَىٰ حَقَّهُ وَالْمِسْكِينَ وَابْنَ السَّبِيلِ ذَٰلِكَ خَيْرٌ‌ لِّلَّذِينَ يُرِ‌يدُونَ وَجْهَ اللَّهِ

which means: 'Give to the relative his due, and to the poor and the wayfarer. This is better for those who seek the pleasure of Allah.'

In this verse, it has been stated that spending on relatives, the poor and the wayfarers can become an act of ثواب thawab only on the condition that the intention behind it should be that of seeking the pleasure of Allah Almighty. Then, following that, in the verse under discussion, it was further explained that financial help given to someone with the hope that it will bring back greater return from the receiver of the help is certainly no spending in the way of Allah where the purpose is hardly to seek His pleasure. As a result, this will bring no ثواب thawab.

Anyhow, there are, beside this particular verse, several other verses cited earlier which do deal with the prohibition of ربا riba. Out of these, there is the verse from Surah Al-` Imran which prohibits doubled and multiplied ربا riba; the rest of the verses state the prohibition of riba as such. These details, at the least, clear this much that ربا riba is حرام haram (unlawful) anyway, be it doubled and multiplied, simple or compound. It may be kept in mind that the degree of its being حرام haram is so severe that a declaration of war has been made on behalf of Allah and His Messenger against those who challenge the injunction.

The Qur'anic injunctions on Loan

An important principle of the Law of Dealings, or the Law of Contracts in modern legal terminology, has been taken up in the verses appearing above. Following this, appears a specific principle of the general rules of evidence.

These are times when writing is the rage. The written word has taken the place of human speech but think of the days of fourteen hundred years ago when almost the entire business of the world was conducted verbally. The principle of writing and retaining documents did not just exist. It was the Qur'an which first pointed out to its importance and said:

إِذَا تَدَايَنتُم بِدَيْنٍ إِلَىٰ أَجَلٍ مُّسَمًّى فَاكْتُبُوهُ

When you transact a debt payable at a specified time, put it in writing. Two principles have been stated here. These are:

1. A written document should be prepared while concluding a transaction on deferred payment basis, so that it may be availed of in cases of error or refusal.

2. While making a transaction on deferred payment basis, it is necessary that the due date of its payment should be determined. It is not permissible to defer the payment for an indefinite period of time because this can open the doors of dispute. This is why the Muslim Jurists have stressed that the time limit so set should not have any ambiguity at all. It should specify the exact date and month. There should be nothing vague about it, for instance, the time of the harvesting of crops cannot be fixed, because the time of harvesting may vary subject to weather conditions. Since writing was not common in those days (and even after writing has become so common, the majority of world population is the same as does not know how to write), it was possible for the scribe of the agreement to write down what was not intended, thereby causing undue loss or gain to one or the other party. Therefore, it was said:

وَلْيَكْتُب بَّيْنَكُمْ كَاتِبٌ بِالْعَدْلِ

And let a scribe write it between you with fairness.

Firstly, the instruction given here requires that the scribe should not be prejudiced in favour of one of the parties. On the contrary, he should be impartial so that there remains no scope for doubt or concern for anyone. Secondly, the scribe was instructed to write justly. Let him incur no permanent loss on himself by working for the vanishing gain of others. After that, the attention of the scribe has been drawn to the fact that Allah Almighty has given him the ability to write, for which he can show his gratefulness by not refusing to write.

As to who should initiate the writing of the document, it was said:

وَلْيُمْلِلِ الَّذِي عَلَيْهِ الْحَقُّ

And the one who owes should give the dictation,

For instance, if a person has made a purchase on credit, then he is the one who should dictate the entries of the document because this will be a written agreement on his behalf. In order to offset the possibility of any addition or deletion in the written document, it was said:

وَلْيَتَّقِ اللَّهَ رَ‌بَّهُ وَلَا يَبْخَسْ مِنْهُ شَيْئًا

But he must fear Allah, his Lord, and should not curtail any-thing from it.

Sometimes, it happens that the person incurring debt is fickle-minded, or superannuated in age, or a minor, or mute, or the speaker of a language not known to the scribe. Since such a person does not have the ability to dictate a document, it was said that, in a situation like this, his wali ولی or guardian should dictate the written agreement. The need for a guardian in respect of the insane and the minor is obvious since all their affairs are handled through a guardian. The guardian of the mute, or the speaker of the language unknown to the scribe could also do this, and should he make somebody his representative, it would still be possible. Here, the word, 'wali' ولی in the Qur'an covers both meanings.

The rules of witnessing

Upto this point the statement was limited to the writing or dictating of documents in transaction. Later on, it is enlarged by saying that the writing of the document should riot be taken as sufficient. It should rather have witnesses as well so that, in case there is a dispute, the appearance of witnesses in the court could help resolve it. This is why the Muslim jurists, may Allah's mercy be upon them, have said that simple writing of an agreement is not a conclusive proof in the sight of Islamic Shari'ah. Unless there is an oral evidence of witnesses, as approved by the Shari'ah, on the agreement, no decision could be taken on simple writing. Common courts of today also follow the same practice when they do not take a decision unless there is a verbal evidence to prove the document.

The number of witnesses

Now follow some important rules of evidence:

1. It is necessary according to Islamic rules of evidence that there be two men, or one man and two women. One man alone, or only two women are not sufficient witnesses in common dealings.

The qualifications of witnesses

2. The witnesses should be Muslims. The Qur'anic expression: مِن رِّ‌جَالِكُمْ 'from among your men' points out in this direction.

3. The witnesses should be trustworthy and just whose word could be relied upon. They should not be sinners and liars. This injunction is contained in مِمَّن تَرْ‌ضَوْنَ مِنَ الشُّهَدَاءِ : from those witnesses you are pleased with.'

Refusing the act of witnessing is a sin

After that, the Holy Qur'an directs the people that they should not refuse to be witnesses when it is required from them, since evidence is the way to revive truth and the method to resolved disputes. Even if there is a trouble in giving evidence, it should to be tolerated, taking it as a national duty. Following that, emphasis was laid on writing down the document of deeds. It was said that the agreement, big or small, should invariably be written down: 'And, be not loath to write it down, as payable at its time, no matter how short or long.' Of course, if there is a hand-to-hand transaction, not involving any debt, it could be left unwritten. However, as a precautionary measure, two witnesses should be taken to confirm the agreement anyway, just in case there arises a dispute between the parties concerned. For instance, the seller may say that the price was not received, or the buyer may charge that he did not receive everything he bought. Evidence of witnesses will serve well in deciding this dispute.

Witnesses should not suffer

When the verse began, scribes were instructed not to refuse writing or testifying agreements. In this case, it was possible that people would give them more trouble than necessary.. Therefore, it was said towards the end of the verse:

وَلَا يُضَارَّ‌ كَاتِبٌ وَلَا شَهِيدٌ

And neither scribe nor witness should be harmed.

It means that, in order to protect one's own rights and benefits, one should not disturb the rights and benefits of others. Then it was said:

وَإِن تَفْعَلُوا فَإِنَّهُ فُسُوقٌ بِكُمْ

And if you do, it is certainly a sin on your part.'

This tells us that causing harm to the scribe or the witness is prohibited. For this reason, the Muslim jurists have said that the scribe who demands his wages while writing, or the witness who claims his legitimate two-way conveyance allowance, are entitled to get it as a matter of their right. Not paying these dues is included under the scope of harming them, and is, therefore, impermissible. No doubt, under its system of justice, Islam has forced the witnesses to appear in court, and has made the concealment of evidence a grave sin; but at the same time, the other side of the picture has also been duly taken care of, so that people are not made to stay away from testifying. It was the effect of this two-way precaution that truthful and selfless witnesses were available in every case, and cases were decided easily and quickly true to the demands of justice. When the modern world bypassed this Qur'anic principle, the whole court system went to pieces. Real and true witnesses in cases became virtually extinct. Everyone was compelled to shy away from appearing as a witness. The reason is simple. Being identified as a witness means trouble. If the case involves the police and a crime, the chief of the police station would call the witness everyday and any time, and on occasions, would have him sit there for hours. Even in civil courts, the witness is treated as if he was some sort of criminal. Then the dates of the case keep changing endlessly. New dates are given on which the poor witness is bound to come leaving his business, job and needs. If he fails, the threat of an arrest-warrant hangs over his head. Therefore, every decent person engaged in earning his livelihood has been forced to take the appearance in court as punishment for no crime of his, and therefore, he has been left with no choice but to avoid it as far as he can. Professional witnesses are all you get and they make no distinction between the lie and the truth. The Holy Qur'an, after emphasizing these basic ingredients, helps eliminate these malpractices by saying at the end of the verse:

وَاتَّقُوا اللَّهَ ۖ وَيُعَلِّمُكُمُ اللَّهُ ۗ وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ

And fear Allah. And Allah teaches you. And Allah is All-Knowing in respect of everything.

It will be noted that this verse carries many injunctions. Some Muslim jurists have deduced twenty important juristic rulings from this verse. We should also keep in mind the recurring style of the Qur'an whereby, before and after giving a particular law, it creates an inner impulse to follow Divine injunctions by introducing the fear of Allah and the fear of the Day of Retribution. It is in accordance with this method that the verse was concluded with an exhortation to fear Allah and to remember that there is nothing hidden from Him. If you try any contravention, under any impermissible pretext whatsoever, you will still remain unable to cheat Allah.

The second verse takes up the following two subjects:

1. In cases involving a credit deal, it is quite permissible for a person to keep something as mortgage to secure his debt. But the Qur'anic word مَّقْبُوضَةٌ (taken in possession) indicates that deriving any benefit out of the thing mortgaged is not permissible for him. The only right the mortgagee has is to keep the thing in his possession until the time when his debt is cleared. Any benefit that accrues from it rightfully belongs to the original owner.

2. Secondly, it was said that the person who knows the correct situation in a disputed matter should not withhold his testimony. If he does withhold it, his heart is a sinner. The heart has been identified as the sinner because somebody might think his sin was restricted to the tongue (which failed to speak up). But it was in the heart that he first decided to do what he did and therefore, the sin of his heart comes first.