Economical miracle in Quran
This is a translation of the article by Abdul-Daem Al-Kaheel regarding the legislative miracles in the "Verse of Debt" (Ayat ad-Dayn).
The Quranic System of Commercial Transactions and Law
By: Abdul-Daem Al-Kaheel
The Book of Allah Almighty is characterized by being suitable for every time and place. Therefore, it is comprehensive of all the sciences that a human needs in life, including the science of law and the judiciary. It may surprise us to learn that most of the positive laws (man-made laws) that legal scholars take pride in discovering and drafting are already present in the Book of Allah. These include laws regulating religious affairs, contracts, buying and selling, or what is known today as the Notary Public system.
If we contemplate this system today, we find it includes many laws, all of which exist in the Quran but in a more eloquent and clearer form. We will list some of the systems established by legal scholars in France more than two centuries ago—which most Arab countries later adopted as products of "advanced" Western civilization—only to find that these laws are the very same ones found in the Book of Allah!
What is truly astonishing is that Allah Almighty gathered all these transactions in a single verse: the Verse of Debt, which is the longest verse in the Quran. Let us contemplate these magnificent legislative miracles.
1. The Documentation System
In the 7th century AD, the process of documenting buying and selling was not familiar to the Arabs or surrounding nations. Commercial operations were carried out randomly without organization, except within very narrow limits. This remained the case until Islam arrived, and the Prophet (PBUH) ordered the documentation of commercial transactions.
This was not the Prophet's own invention but a Divine command:
"O you who have believed, when you contract a debt for a specified term, write it down." [Al-Baqarah: 282]
Thus, the first organization of commercial operations took place in the Islamic era. In the modern era, the French Revolution brought about the drafting of laws to regulate commerce—amazingly, these same laws are found in the Great Quran!
2. The Notary Public System
This system was not known in "developed" countries until recently. Arab countries then adopted it from them, forgetting that it existed in the Quran fourteen centuries ago:
"...And let a scribe write [it] between you in justice." [Al-Baqarah: 282]
Therefore, the Notary Public system, which aims to document buying and selling, is a Quranic system, not a Western one. Furthermore, the Quran commands the writing of all details in a contract. Drafting contracts is an art in itself because a single word can change the entire content. Modern laws state that every detail, small or large, should be written. The Quran referred to this by saying:
"...And do not be [too] weary to write it, whether it is small or large, for its [specified] term." [Al-Baqarah: 282]
Note how this verse specifies the "term" or duration. Legal experts state that the most important pillar of a contract is the term, duration, or the time for debt repayment.
Modern laws also state that the Notary must write the complete truth without conspiring with one party against the other. The Quran confirmed this:
"...Let no scribe refuse to write as Allah has taught him." [Al-Baqarah: 282]
Additionally, modern laws require acknowledgment from both parties, especially the debtor or seller. This acknowledgment must be clear. The Quran mentions this:
"...and let the one who has the obligation [i.e., the debtor] dictate." [Al-Baqarah: 282]
3. The System of Guardianship and Agency
Some individuals lack the capacity to buy and sell or are not legally qualified, such as children or the mentally ill. The law allows them to have a guardian or agent to act on their behalf. The Quran mentioned this:
"...But if the one who has the obligation is of limited understanding or weak or unable to dictate himself, then let his guardian dictate in justice." [Al-Baqarah: 282]
Observe the Quranic emphasis on justice (bil-’adl), as justice is the foundation of a successful judicial system. Regarding agency (power of attorney) laws in Arab countries, this system is taken entirely from Western laws, yet the Quran proposed this legislation 1,400 years ago.
4. The Witness System
The witnessing system is vital for resolving legal disputes. It has been developed over years with regulations for witnesses. The Quran mandated witnesses for commercial transactions:
"...And take witnesses when you settle a commercial transaction." [Al-Baqarah: 282]
It then specifies the number of witnesses to ensure accuracy:
"...And bring to witness two witnesses from among your men." [Al-Baqarah: 282]
The Quran distinguishes between men and women in this specific context because witnessing is a sensitive process. If two men are not available:
"...then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her." [Al-Baqarah: 282]
Modern laws also emphasize that a witness must comply with a summons to testify. The Quran stated:
"...And let not the witnesses refuse when they are called upon." [Al-Baqarah: 282]
5. Present (Spot) Trade System
Legal experts say it isn't necessary to document every single daily transaction, such as cash sales. This facilitates commerce. The Quran pointed this out:
"...except when it is an immediate transaction which you conduct among yourselves, for [then] there is no blame upon you if you do not write it." [Al-Baqarah: 282]
The Quran adds a psychological element not found in positive laws: the awareness that Allah knows everything. This ensures the application of laws even in the absence of human oversight.
6. The Mortgage (Pledge) System
The mortgage system is crucial in commerce. Mismanagement of this system (through toxic assets and "phantom" deals) contributed to the global financial crisis. The Quran organized this:
"...then a pledge [may be] taken." [Al-Baqarah: 283]
It also commands the fulfillment of trust:
"...then let the one who is entrusted deliver his trust [faithfully] and let him fear Allah, his Lord." [Al-Baqarah: 283]
7. Witness Protection and the Penalty for False Testimony
Modern legislators emphasize the importance of protecting witnesses. The Quran did not neglect this, adding protection for the scribe as well:
"...Let no scribe be harmed or any witness. For if you do so, indeed, it is [evidence of] wickedness in you." [Al-Baqarah: 282]
Regarding concealing the truth:
"...And do not conceal testimony, for whoever conceals it - his heart is indeed sinful." [Al-Baqarah: 283]
Conclusion
The Quranic system for commercial transactions is unique because it is Divine. It links law with Piety (Taqwa), mentioned three times in these verses. While man-made laws fail when the "overseer" is absent, the Quran creates an internal conscience.
Some may ask: how can a few words summarize volumes of law books? The answer is that Muslims, through these concise but profound instructions, established a level of justice unsurpassed in history. This verse is a testament to the truth of the Quran—a book valid for all times and places.
هناك إنسان .. صمت كلّ لحظات الحياة .. متفكّرا في صنع الله جلّ في علاه .. الّذي خلقه وعدله وفطره وسوّاه .. حتّى أنطقه الله سبحانه وتعالى آخر لحظة من لحظات حياته فقال: أشهد أن لا إله إلّا الله وحده لا شريك له .. وأشهد أنّ سيّدنا محمّدا صلّى الله عليه وسلّم عبد الله ورسوله !!
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