Surah 2. Al-Baqara, Ayah 282

I.e., in accordance with the laws promulgated in the Qur'an.

Lit., "and do not diminish anything thereof". Thus, the formulation of the undertaking is left to the weaker party, i.e., to the one who contracts the debt.

E.g., because he is physically handicapped, or does not fully understand the business terminology used in such contracts, or is not acquainted with the language in which the contract is to be written. The definition "weak of mind or body" (lit., "lacking in understanding or weak") applies to minors as well as to very old persons who are no longer in full possession of their mental faculties.

The stipulation that two women may be substituted for one male witness does not imply any reflection on woman's moral or intellectual capabilities: it is obviously due to the fact that, as a rule, women are less familiar with business procedures than men and, therefore, more liable to commit mistakes in this respect (see 'Abduh in Manar III, 124 f.).

Lit., "to write it down" - i.e., all rights and obligations arising from the contract.

E.g., by being held responsible for the eventual consequences of the contract as such, or for the non-fulfilment of any of its provisions by either of the contracting parties.

The above phrase embraces any transaction on the basis of credit, be it an outright loan or a commercial deal. It relates (as the grammatical form tadayantum shows) to both the giver and taker of credit, and has been rendered accordingly.

 Generally speaking, there is a difference between witnessing and giving testimony before a judge. Verse 2:282 talks about witnessing a debt contract, not giving testimony. To fully understand the context of this verse, we need to keep in mind that 1500 years ago women did not normally participate in business transactions or travel with trading caravans and, therefore, not every woman had the expertise to witness a debt contract. Even if two women were available at the time of signing the contract, perhaps the primary witness might not be able to recall the details of the contract or appear before a judge because of compelling circumstances such as pregnancy or delivery. In any of these cases, the second woman will be a back-up. Some scholars maintain that one woman can be sufficient as a witness so long as she is reliable. As for giving testimony, a ruling can be made based on available testimony, regardless of the number or gender of the witnesses. For example, the beginning of Ramaḍân is usually confirmed by the sighting of the new moon, regardless of the gender of the person who sights the moon. Also the highest form of witness in Islam is for someone to testify they heard a narration (or ḥadîth) from the Prophet (ﷺ). An authentic ḥadîth is accepted by all Muslims regardless of the gender of the narrator. Moreover, if a husband accuses his wife of adultery and he has no witnesses, each spouse must testify five times that they are telling the truth and the other side is lying. Both testimonies are equal (see 24:6-10). In some cases, only women’s testimony is accepted while men’s testimony is rejected, such as testifying regarding a woman’s pregnancy or virginity.

The first part of the verse deals with transactions involving future payment or future consideration, and the second part with transactions in which payment and delivery are made on the spot. Examples of the former are if goods are bought now and payment is promised at a fixed time and place in the future, or if cash is paid now and delivery is contracted for at a fixed time and place in the future. In such cases a written document is recommended, but it is held that the words later on in this verse, that it is "juster . . . more suitable as evidence, and more convenient to prevent doubts", etc. imply that it is not obligatory in law. Examples of the latter kind - cash payment and delivery on the spot - require no evidence in writing, but apparently oral witnesses to such transactions are recommended.

The scribe in such matters assumes a fiduciary capacity: he should therefore remember to act as in the presence of God, with full justice to both parties. The art of writing he should look upon as a gift from God, and he should use it as in His service. In an illiterate population the scribe's position is still more responsible.

Possibly the person "mentally deficient, or weak, or unable to dictate", may also be incapable of making a valid contract, and the whole duty would be on his guardian, who again must act in perfect good faith, not only protecting but vigilantly promoting the interests of his ward.

It is desirable that the men (or women) who are chosen as witness should be from the circle to which the parties belong, as they would best be able to understand the transaction, and be most easily available if their evidence is required in future.

Commercial morality is here taught on the highest plane and yet in the most practical manner, both as regards the bargains to be made, the evidence to be provided, the doubts to be avoided, and the duties and rights of scribes and witnesses. Probity even in worldly matters is to be, not a mere matter of convenience or policy, but a matter of conscience and religious duty. Even our every-day transactions are to be carried out as in the presence of God.