Islam's response to contemporary world problems (44)

We continue to develop the theme of "Economic Peace", linking with the 43rd installment. 

(The Holy Quran references can be found at https://www.ahmadiyya-islam.org/es/coran/.) 

As far as lending money for the basic necessities of life is concerned, Islam strongly and repeatedly proposes that loans for these necessities and emergencies should be interest-free loans. Those who have the means should help those in need of financial assistance. It is also clearly stated that if the debtor is unable to repay the loan within the agreed time because of hardship, he should be granted a longer period of grace. Close relatives should help the debtor. The debt can be recovered from the estate of a deceased person. Zakat can also be used to alleviate the financial obligations of the one burdened with the debt. If the rich person can extinguish the debt by forgiveness of the debt, it will undoubtedly be better in the eyes of God. However, the debtor who can afford to repay the loan, must fulfil his promise to do so on the pre-determined terms and by adding an "ex-gratia" amount. The latter is not, however, obligatory or predetermined, for if it were, it would fall within the broad definition of "interest". The Holy Quran teaches: 

"O believers! When you grant each other a loan for a fixed period, put it in writing. And cause a scribe to transcribe it faithfully in your presence; and no scribe should refuse to write, for Al'lah has taught him. Therefore cause him to write, and let him who incurs responsibility dictate; and he must be fearful of Al'lah, his Lord, and not omit anything from what he has dictated. But if the person incurring liability is of little knowledge, or is weak or unable to dictate, then make him dictate justly by one who can defend his interests. And call two witnesses from among your men; and if two men are not available, then one man and two women whom you like as witnesses, so that, if one of the women errs in memory, the other can make her remember. And the witnesses should not refuse when they are called. And do not feel annoyed at having to write it down, whether small or large, together with the date fixed for the return. This is more just in the sight of Al'lah, and makes the testimony more certain and will probably save you from doubts. Therefore, do not neglect to write it down, unless it concerns goods which you deliver or receive in your own hand, in which case you do not sin if you do not write it down. And dispose of witnesses when you exercise the sale among yourselves, and do not allow the scribe or the witness to be injured. If you do so, you will certainly incur disobedience on your part. And fear Al'lah. For Al'lah grants you knowledge and Al'lah knows all things perfectly. And if you are on a journey and you cannot find a scribe, then take a pledge as security. And if one of you entrusts anything to another, let him who has received it return his deposit, and fear Al'lah, his Lord. And do not conceal the testimony. Let him who conceals it know that he has a sinful heart. For Al'lah knows very well what you do." (2:283-284) 

It is very important to remember that these verses have been absolutely misused and used out of context by medieval-minded scholars who insist that, according to Islam, the testimony of a single woman is not sufficient. They argue that for every legal requirement, the testimony of two women is indispensable in comparison to that of one man, whose testimony alone is sufficient. Having completely altered the meaning of these verses, they have falsely shaped the role of male and female testimony in Islamic jurisprudence. They think that where the Holy Quran requires the presence of one man as a witness, the testimony of two women would be substituted for him; that where the testimony of two men is claimed, four women's testimonies would be requested; and that where four male witnesses are needed, eight women would be essential to testify to the same. 

This concept is so unrealistic and alien to the Qur'anic teachings that one is incensed to appreciate such a "medieval" stance in this important judicial matter. 

The following points should be noted when considering these verses: 

• The verses do not, in any way, require the two women to testify. 
• The role of the second woman is clearly specified and is reduced to acting as an assistant. 
• If the second woman, who does not testify, finds that any part of the witness's statement is indicative that the witness has not correctly understood the spirit of the negotiation, she can recall and assist the witness in reviewing her knowledge or refreshing her memory. 
• The woman testifying is perfectly entitled to agree or disagree with her assistant. Her testimony remains a unique independent testimony and in the event that she disagrees with her partner, her word would be the final word. 

After this aside, let us return to the issue at hand. 

Reducing loan agreements to a deed with the debtor, dictating terms in the presence of witnesses for the sale of goods, being totally honest and sincere to God in fulfilling proposals, and depositors handing over their deposits honestly, form the essential features of contractual obligations in Islam. 

It should be noted that in an economy where lending is interest-free, the lender should not unnecessarily flood the economy with loans and credits. Thus, the purchasing power of a society remains within real limits and in relation to the present. The tendency to borrow from the future is automatically set aside. Industry founded on this platform will necessarily be solid and prepared to survive the vicissitudes of economic vicissitudes. 

Public money would not circulate in the upper strata of the wealthy, but in the direction of the lower strata of the humble. 

Islam cultivates a way of life that is simple, and although strictly speaking, it is not austere, it is by no means pompous and manorial to the extent of offending the poorer sections, inflaming hearts and widening the gap between the two classes of society. 

(lpbD) - Peace and God's blessings be upon him. 

(To be continued in Issue 45, elaborating on "Economic Peace" according to the teachings of the Holy Quran).