Topics: Nikah

The Wisdom Behind Written Contracts and Witnesses in Islam

Table of Contents

Understanding the Importance of Documenting Agreements and Testimony in Islamic Law

Understanding the Importance of Documenting Agreements and Testimony in Islamic Law

THE WISDOM BEHIND WRITING DOWN CONTRACTS AND HAVING WITNESSES

ALLĀH’s statement:

وَلَا يَأۡبَ ٱلشُّهَدَآءُ إِذَا مَا دُعُواْۚ وَلَا تَسۡئَمُوٓاْ أَن تَكۡتُبُوهُ صَغِيرًا أَوۡ كَبِيرًا إِلَىٰٓ أَجَلِهِۦۚ ذَٰلِكُمۡ أَقۡسَطُ عِندَ ٱللَّهِ وَأَقۡوَمُ لِلشَّهَٰدَةِ وَأَدۡنَىٰٓ أَلَّا تَرۡتَابُوٓاْۖ
The witnesses should not refuse when they are summoned. Do not be reluctant to write down your debts, whether small or large, together with the time of repayment; that is more equitable in the sight of ALLĀH, more reliable as evidence, and more likely to prevent doubts among yourselves.

The Shaykh (may ALLĀH have mercy on him) stated the following benefits from the verse:

1⃣ If a witness is summoned and has no excuse, it is not permissible for him to refuse, because ALLĀH says: “The witnesses should not refuse when they are summoned”.

2⃣ If a person’s testimony will not be acceptable, then it is not obligatory for him to respond if he is summoned, because there is no benefit in his doing so, and he is not counted as a witness.

3⃣ It is not allowed to be reluctant or find it too burdensome to write down debts every time, whether they are great or small, and to write down the time of payment, and all the other conditions and restrictions in the contract.

4⃣ This verse highlights the wisdom7 behind the prescription to write down contracts and have them witnessed, which is that it “is more equitable in the sight of ALLĀH, more reliable as evidence, and more likely to prevent doubts among yourselves”. It guarantees fairness and justice, on which the well-being of people and the country is based. Testimony accompanied by written documentation is more proper and better, and further removed from doubt, suspicion, disputes and quarrels.

5⃣ From this it may be understood that if a person is uncertain about his testimony, he has no right to give it; rather he must be certain of his testimony.

{Tafsi‌r As-Sa’di}