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CONTRACTS:
2:177 - It is not righteousness that ye turn your faces toward East or West; but it is righteousness to
believe in Allah and the Last Day and the Angels and the Book and the Messengers; to spend of your
substance out of love for Him for your kin for orphans for the needy for the wayfarer for those who ask
and for the ransom of slaves; to be steadfast in prayer and practice regular charity; to fulfil the
contracts which ye have made; and to be firm and patient in pain (or suffering) and adversity and
throughout all periods of panic. Such are the people of truth the Allah-fearing. 177178179180181
177 As if to emphasise again a warning against deadening formalism, we are given a beautiful description of the righteous
and God-fearing man. He should obey salutary regulation, but he should fix his gaze on the love of God and the love
of his fellow-men. We are given four heads: (1) our faith should be true and sincere; (2) we must be prepared to show
it in deeds of charity to our fellowmen; (3) we must be good citizens, supporting social organisation; and (4) our own
individual soul must be firm and unshaken in all circumstances. They are interconnected, and yet can be viewed
separately. (2.177)
178 Faith is not merely a matter of words. We must realise the presence and goodness of God. When we do so, the
scales fall from our eyes: all the falsities and fleeting nature of the Present cease to enslave us, for we see the Last
Day as if it were today. We also see God's working in His world and in us; His Powers (angels), His Messengers and
His Message are no longer remote from us, but come within our experience. (2.177)
179 Practical deeds of charity are of value when they proceed from love, and from no other motive. In this respect, also,
our duties take various forms, which are shown in reasonable gradation: our kith and kin; orphans (including any
persons who are without support or help); people who are in real need but who never ask (it is our duty to find them
out, and they come before those who ask); the stranger, who is entitled to laws of hospitality; the people who ask and
are entitled to ask, i.e., not merely lazy beggars, but those who seek our assistance in some form or another (it is our
duty to respond to them); and the slaves (we must do all we can to give or buy their freedom). Slavery has many
insidious forms, and all are included. (2.177)
180 Charity and piety in individual cases do not complete our duties. In prayer and charity, we must also look to our
organised efforts: where there is a Muslim State, these are made through the State, in facilities for public prayer, and
public assistance, and for the maintenance of contracts and fair dealing in all matters. (2.177)
181 Then come the Muslim virtues of firmness and patience. They are to "preserve the dignity of man, with soul erect"
(Burns). Three sets of circumstances are specially mentioned for the exercise of this virtue: (1) bodily pain or
suffering, (2) adversities or injuries of all kinds, deserved and underserved and (3) periods of public panic, such as
war, violence, pestilence, etc. (2.177)
2:282 -O ye who believe! when ye deal with each other in transactions involving future obligations
in a fixed period of time reduce them to writing. Let a scribe write down faithfully as between
the parties: let not the scribe refuse to write as Allah has taught him so let him write. Let him
who incurs the liability dictate but let him fear his Lord Allah and not diminish aught of what he
owes. If the party liable is mentally deficient or weak or unable himself to dictate let his
guardian dictate faithfully. And get two witnesses out of your own men and if there are not two
men then a man and two women such as ye choose for witnesses so that if one of them errs
the other can remind her. The witnesses should not refuse when they are called on (for
evidence). Disdain not to reduce to writing (your contract) for a future period whether it be
small or big: it is juster in the sight of Allah more suitable as evidence and more convenient to
prevent doubts among yourselves; but if it be a transaction which ye carry out on the spot
among yourselves there is no blame on you if ye reduce it not to writing. But take witnesses
whenever ye make acommercial contract; and let neither scribe nor witness suffer harm. If ye
do (such harm) it would be wickedness in you. So fear Allah; for it is Allah that teaches you.
And Allah is well acquainted with all things. 329330331332333
329 The first part of the verse deals with transactions involving future payment or future consideration, and the second part
with transactions in which payment and delivery are made on the spot. Examples of the former are if goods are
bought now and payment is promised at a fixed time and place in the future, or if cash is paid now and delivery is
contracted for at a fixed time and place in the future. In such cases a written document is recommended, but it is held
that the words later on in this verse, that it is "juster . . . more suitable as evidence, and more convenient to prevent
doubts", etc. imply that it is not obligatory in law. Examples of the latter kind - cash payment and delivery on the spot -
require no evidence in writing, but apparently oral witnesses to such transactions are recommended. (2.282)
330 The scribe in such matters assumes a fiduciary capacity: he should therefore remember to act as in the presence of
God, with full justice to both parties. The art of writing he should look upon as a gift from God, and he should use it as
in His service. In an illiterate population the scribe's position is still more responsible. (2.282)
331 Possibly the person "mentally deficient, or weak, or unable to dictate", may also be incapable of making a valid
contract, and the whole duty would be on his guardian, who again must act in perfect good faith, not only protecting
but vigilantly promoting the interests of his ward. (2.282)
332 It is desirable that the men (or women) who are chosen as witness should be from the circle to which the parties
belong, as they would best be able to understand the transaction, and be most easily available if their evidence is
required in future. (2.282)
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