Translation:
O people of faith, when you agree to a debt (or commercial transaction) for a fixed term, put it in writing and let a writer write it down with fairness on behalf of both.155 Anyone who knows how to write should not refuse to write. And the debtor should dictate what should be written, and he should observe his duty to God and not reduce anything
from it. But if the debtor is unsound in understanding or weak or not able to dictate, then his guardian should dictate with fairness. Also, call to witness from your men
two witnesses; but if two men are not available (as witnesses), then one man and two women from among those whom you may want to choose as witnesses so that if one of them errs or forgets, the one will remind the other.” 156 (continued in next section)
Interpretation:
155 This is a wonderful piece of practical advice about the need to document and establish the act of witnessing when debt or commercial arrangements are made to minimize confusion and difficulties later on. Islam also prefers that the debtor dictate the terms and conditions and not the other way around, which is a common practice today. It is important to note the fundamental changes Islam was bringing to the social norms and interactions of the time, and this leadership and intellectual inno- vation to enhance human life must be sustained by Muslims today. Unfortunately, we are failing in our obligations to God and our fellow men in regard to this action.
156 The issue of male witnesses and female witnesses suggested here has created serious misunderstanding among and misuse by both Muslims and non-Muslims. Some Muslims have exploited this suggestion to establish that a woman is less reliable as a witness or mentally less capable of being one. Some Muslims and non-Muslims even readily accept this type of assessment by uninformed Muslims and then assert that Islam discriminates against women. First of all, considering women to be less capable or less reliable is contrary to the Qur’anic teachings of human equality and equal responsibility for both sexes. There is no indication anywhere in the Qur’an to support this view, nor is there any action of the Prophet that justifies such contention. Perhaps a better explanation is the subtle human relationship and existing social condition that are at work here; presumably, this particular dealing was in the context of two men (men were primarily involved in trade and business in those days, with some exceptions, such as Prophet’s wife Khadija, who was a respected and successful business woman at the time) entering into an agreement, and they would look for two other business associates, men by prevailing norms, to be witnesses who are known to both of them. If they could not find two such men, one man and one woman would have been sufficient, except that in those times (and even today in some societies) men did not mix with women outside of their immediate family and, hence, it would have been very difficult to identify one woman who would have been equally as acceptable to them. Therefore, it may have been more appropriate to assign a woman from each side of the family to be a witness. This arrangement has nothing to do with women being deficient in business finance or mental capacity.
Some Muslims make the argument that in those days women were not as familiar with business and that, as such, having two women as witnesses was more sound than having only one. However, this argument has very little merit. Even today, there are men who are less educated and less familiar with business than women. If the assignment of two women was based on experience or exposure, then these same Muslims should accept the fact that in each case we should look at the qualification of the witness, man or woman, irrespective of their gender, and that the number of witnesses, whether male or female, should be based on education and experience and not on gender. Hence, in some cases, two qualified men in addition to a qual- ified woman may be required to serve as witnesses. Those who continue to disagree with such rationale, and some Muslims will, are being hypocritical and, hence, are committing an error and sin by discriminating against a creature of God who is equally entitled to His grace and wisdom.
Reflection:
This requirement for documentation is an important guideline in matters of financial transactions and a recommended approach and should be mandated in most instances unless the exception is better. By the same token, the document needs to be simple and understandable by the parties involved. Too many legal docu- ments today have too many fine points and overly complex verbiage that not many have the time to either explain or understand. The mortgage crisis in the U.S. in 2008 is a prime example of dishonest banks and lenders making a concerted effort to push consumers into deals that were financially unsound. These deals were unfairly beneficial to the lenders and banks themselves and were all made at the cost of the homeowners and the economy. Finance is a critical part of the social engine that should continue to evolve in line with social evolution and the medium of transactions (such as the Internet), but the guiding principles should stay the same: fair dealings, mutual trust and benefits, the desire for common good, provision of witnesses, and fair recourse in the event of difficulties, to name a few.
Action:
There are too many examples of confusion, conflict, and mistrust among Muslims due to the fact that many of our agreements are not written down and that often times no witnesses are established, therefore giving either party an opportunity to cheat or unfairly accuse the other. Unfortunately, this only results in bad social relations and mutual distrust, two very damaging items to healthy social devel- opment. Of course, documentation and witnesses themselves do not solve everything unless there is mutual trust and honesty among the parties involved and a legal framework to enforce.