Surah 1-2 - YasSarNal QuR'aN

Al-Baqarah (The Cow) | SAFEGUARDS FOR FINANCIAL TRANSACTIONSthe time when they fall due; that is more equitable in the sight of God and lends greatercredence to the testimony and is more likely to spare you any doubt.” (Verse 282)The text displays a remarkable perception of human nature, as people are ofteninclined to judge that certain small debt transactions are not worth writing down, butthe sūrah stresses the fact that recording all debt transactions is seen by God aspreferable and more fair. A written contract gives greater force to the testimony ofthe witnesses, since a written statement carries more weight than one based totallyon memory, and it “is more likely to spare you any doubt”. Thus, the wisdomunderlying these instructions becomes clear and they appear more convincing,practical and reassuring.In spot trading, executed immediately and frequently, there is no need for writingdawn the details and the mere presence of witnesses will suffice: “In the case of acommercial deal transacted on the spot, you shall incur no sin by not writing it down. Havewitnesses when you make business deals.” (Verse 282)At face value, the statement seems to allow the concession of not recording spottransactions while making it a condition that witnesses should be present; but,according to some considered opinion, the latter is strongly recommended ratherthan obligatory.Nevertheless, the weightier view is that witnesses are necessary for spot trading aswell.The sūrah proceeds to specify the rights of contract writers and witnesses, assuringthem of the protection they deserve: “But let no harm be suffered by scribe or witness; ifyou do [harm them], that is sinful on your part. Have fear of God, for it is God who teachesyou. God has knowledge of all things.” (Verse 282)Scribes and witnesses should come to no harm in the course of fulfilling theirobligations towards God, and any wrongdoing they may suffer would be a grossviolation of God’s law. This is a necessary precaution, for scribes and witnesses oftenincur the displeasure of one or the other of the contracting parties and must,therefore, be protected and reassured so that they fulfil their obligations fairly,honestly and with absolute objectivity.Finally the sūrah, in keeping with the Qur’ānic way of igniting the inner powers ofthe human conscience, calls on believers to fear God and reminds them of His graceand favour in giving them knowledge and understanding, so that they may conducttheir affairs in accordance with His will and guidance: “Have fear of God, for it is Godwho teaches you. God has knowledge of all things.” (Verse 282)The sūrah rounds off the subject of loans by dealing with the special case ofborrowing money while on a journey, when scribes may be difficult to find. Under402