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The Quran => General Discussions => Topic started by: Shahmatt on March 14, 2013, 12:09:53 PM

Title: Question regarding the duties of witnesses
Post by: Shahmatt on March 14, 2013, 12:09:53 PM
I refer to the following verse:

4:6 (Yusuf Ali): "Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, Let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is God in taking account."

I infer from this verse the following:
1. The age of marriage is linked to sound judgment
2. Sound judgment is judgment sufficient to manage wealth and property
3. Witnesses are necessary to verify that property has been transferred

So my question is as follows:

Would it also be within the scope of witnesses to verify also that any contract is not unreasonable and that justice is being served?

For example, in the context of the transfer of property from guardian to orphan (or even of marriage), what if witnesses observe that the recipient or person to be married is not of sound judgment?

I notice that in verse 65:2 that witnesses are to endured with justice (bolded below), and from this I infer that witnesses must witness justice as well, and take some responsibility. Why else would God have included this information? Would this be a correct interpretation?

65:2: "Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you, endued with justice, and establish the evidence (as) before God. Such i s the admonition given to him who believes in God and the Last Day. And for those who fear God, He (ever) prepares a way out,"

Any comments are appreciated.
Title: Re: Question regarding the duties of witnesses
Post by: Joseph Islam on March 15, 2013, 09:07:30 AM
Dear Shahmatt,

May peace be with you.

Would it also be within the scope of witnesses to verify also that any contract is not unreasonable and that justice is being served?

A fundamental requirement for a believer is to stand up for justice, even if it means against oneself or even one's parents.  This is underscored explicitly in the following verse.

004.135
“O you who believe! Be custodians of justice (bil-qist), as witnesses to God, even if it against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for God can best protect both. Follow not the lusts / desires (of your hearts), less you deviate, and if ye distort (justice) or refrain (to do justice), then indeed God is well-acquainted with all that you do”

Therefore, to witness / testify to any sort of falsehood or injustice would not be in the spirit of the Quran.

I hope that helps, God willing.
Joseph.
Title: Re: Question regarding the duties of witnesses
Post by: Shahmatt on March 15, 2013, 11:40:40 PM
Thanks very much for your input.








UPDATE BY QM FORUM MODERATOR

17th March 2013

This thread is now closed and a direct link to this post is now available at the dedicated Q&A page.

http://quransmessage.com/articles/q&as%20FM3.htm

Thanks.