|
|
|
|
|
|
.. |
Holy
Quran Section
> English
Translation and Commentary of the Holy Quran by
Maulana Muhammad Ali (Table of
Contents)
>
Chapter
2 (Al-Baqarah - The
Cow)
> Section 39 (Verses 282 to 283) Section/Ruku 39
[Verses 282 to 283]: Contracts and evidence: 1. Translation: 283 And if you are on a journey and you cannot find a scribe, a security may be taken into possession.a But if one of you trusts another, then he who is trusted should deliver his trust, and let him keep his duty to Allah, his Lord. And conceal not testimony. And whoever conceals it, his heart is surely sinful. And Allah is Knower of what you do. 2.
Commentary: 282b. These words form the basis of the guardian and ward law, as they point out when a guardian may be appointed for one who is not able to manage his own property. The word which I have translated as weak really signifies one too young (i.e. a minor) or one too old (Bd). Thus a guardian may be appointed not only when the owner is a minor, but also when his understanding is not sound on account of age or any other reason. [Back to verse 282] 282c. As women did not take much part in business, and were therefore unable to understand the transaction, two women are required instead of one man. [Back to verse 282] 282d. The personal pronoun huma may refer either to the testimony of the two witnesses or the two women. Reminding here stands for making up the deficiency of the other’s memory. The Holy Qur’an does not say that no case should be decided except on the testimony of two witnesses, but requires ordinarily the calling of two witnesses at the time of the transaction, so that the deficiency of one may be rectified by the other. Cases may be decided on circumstantial evidence as well, which is sometimes stronger than the evidence of witnesses. The Holy Qur’an itself speaks of Joseph’s innocence being established on circumstantial evidence (12:26, 27). [Back to verse 282] 282e. They must not be made to suffer loss in their own business. In other words, their convenience must be kept in view, and they should be paid. [Back to verse 282] 283a. This does not mean that a security cannot be taken in any other case. On the other hand, the words that follow show that security may be taken when the lender does not trust the debtor. It further shows that advantage can be derived by the lender from the movable or immovable property which has been given into his possession as a security for the debt. Thus land mortgaged for a debt may be cultivated, or house-property may be rented or used. This is made clear in a saying of the Prophet: “The mortgaged animal may be used for riding, when it is mortgaged, on account of what is spent on it, and the milk of the milch animal may be drunk when it is mortgaged, and the expenditure shall be borne by him who rides (the animal) and drinks the milk” (B. 48:4). [Back to verse 283]
Holy
Quran Section
> English
Translation and Commentary of the Holy Quran by
Maulana Muhammad Ali (Table of
Contents)
>
Chapter
2 (Al-Baqarah - The
Cow)
> Section 39 (Verses 282 to 283)
|
||||||||||||||||||
|
|
