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DEBT CONTRACT Presented by Mohni Khan and Misbah Tahir. The debt contract discussed in Sura Baqarah Ayah 2:282 “O you who believe! When you contract a debt for a fixed period write it down…”. A Tradition of Holy Prophet (PBUH) says.
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DEBT CONTRACTPresented by Mohni Khan and Misbah Tahir The debt contract discussed in Sura Baqarah Ayah 2:282 “O you who believe! When you contract a debt for a fixed period write it down…”
A Tradition of Holy Prophet (PBUH) says Three kinds of people cry out to Allah for help but are not answered ….. • Those who have ill tempered wives but do not divorced them • Those who are entrusted with the property of orphans, but returned it to them before they attain maturity. • Those who lend money to others without any documents or evidence
…let a scribe write it down as justice between you…2:282 • Therefore, the scribe is not allowed to cheat any party of the contract and is to only record what the parties of the contract agreed to, without addition or deletion
…If the debtor is of poor understanding or weak or is unable to dictate for himself then let guardian dictate in justice…2:282 • He is not wise enough to take care of his financial matters • He is not mentally or physically fit to make any decision
...and get two witness out of your own men and if there are not two men available then one man and two women ...2:282 • This is to make sure that no one will have ill intentions about this transaction. And the reference of two women is mentioned that if one woman forgets other would remind her
…let not the scribe refuse to write, as Allah has taught him, so let him write…2:282 • This is referring to people who are incapable to write not to refuse if they (person) who can help to go ahead and help • “It is a type of charity to help a worker and to do something for a feeble person” (PBUH) • “Whoever kept knowledge to himself will be restrained by a bridle made of fire on the day of resurrection” (PBUH)
…and the witness should not refuse when they are called ...2:282 • Ibn Abbas and Al-Hasan Al-Basri said that the obligation include both cases to be a witness and testifying to what one witnessed
…you should not become weary to write it whether it be small or large, for its fixed term …2:282 Recording such agreements helps the witnesses, when they see their hand writing or signatures later on and thus remember what they witnessed. This helps repel any doubt.
…Save when it is present trade which you carry out on the spot among yourselves, then there is no sin on you if you do not write it down…2:282 As for requiring witnesses to be present in trading transitions
…let neither scribe nor witness suffer any harm but if you do (Such harm), it would be wicked ness in you…2:282 No one should be forced to become a scribe or a witness against his will and no one should harass scribe or the witness just because he gave true evidence against the interest of the party. One should be fearful of Allah as he is all knowing.
…and if you are on a journey and cannot find a scribe let their be a pledge taken…2:283 If you are on a journey and cannot find a scribe write the document, then transact your business on the security of a pledge at hand. And if anyone transact a piece of business with another merely on trust, then the one who is trusted should fulfill his trust and fear Allah his Lord. And never conceal evidence for he who conceal it has a sinful heart Allah know everything you do
Concluding notes All matters of transactions should be followed according to Quran and Sunnah. All contracts big or small should be written. If witnesses are available they should be present. We all need to be fair in all our matters as Allah is all knowing and all aware.
