The economic issue is concluded with this verse. In fact, Islam has set a law that all countries of the world have not been able to deviate from until this moment. This law has to do with registering contracts with a notary public. Even the name of the notary public (in Arabic) is derived from this verse known as the verse on the rules of credit which states that debts or rights must be written and documented. Subsequently, all commercial contracts and instruments have been initially based on the rules of this verse, the longest verse in the Holy Quran.

(… يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنتُم بِدَيْنٍ إِلَىٰ أَجَلٍ مُّسَمًّى فَاكْتُبُوهُ ) (O you who have believed, when you contract a debt for a specified term, write it down …): The believers are the only one addressed when there is an enjoinment because Allah (swt) never enjoin upon non-believers and in this case:

{ لَا إِكْرَاهَ فِي الدِّينِ}

(There shall be no compulsion in [acceptance of] the religion.) (Al-Baqara: 256)

applies because there is no compulsion in terms of belief. People are free to believe in Islam or not, but they have to follow what Allah orders when they believe in Islam.

{ فَمَن شَاءَ فَلْيُؤْمِن وَمَن شَاءَ فَلْيَكْفُرْ}

(so whoever wills – let him believe; and whoever wills – let him disbelieve.) (Al-Kahf: 29)

So people are never made to convert to Islam by force but rather by the morals of Islam, thought, reason, persuasion, proof, and evidence. Allah (swt) says:

{ قُلْ هَاتُوا بُرْهَانَكُمْ إِن كُنتُمْ صَادِقِينَ}

(Say, “Produce your proof, if you should be truthful.”) (Al-Baqara: 111)

(… يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنتُم بِدَيْنٍ إِلَىٰ أَجَلٍ مُّسَمًّى فَاكْتُبُوهُ ) (O you who have believed, when you contract a debt for a specified term, write it down …): This is about documenting economic transactions and preserving the rights of the creditor as well as the debtor.

(… إِلَىٰ أَجَلٍ مُّسَمًّى …) (…a specified term …): a set time.

(… فَاكْتُبُوهُ …) (…write it down …): document it.

(… وَلْيَكْتُب بَّيْنَكُمْ كَاتِبٌ بِالْعَدْلِ …) (…And let a scribe write [it] between you in justice …): Justice is a condition for writing down in this case, and this is the root of the concept of the notary public. Allah (swt) has made it a condition that such a scribe has to be unbiased in order to preserve the economic rights of people. Sometimes we may see siblings and heirs quarrel over the inheritance of their parents. Thus, the above is realistic to deal with real life problems.

(… وَلَا يَأْبَ كَاتِبٌ أَن يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ …) (…Let no scribe refuse to write as Allah has taught him …): Scribes were very few in the pre-Islam era. Therefore, (Let no scribe refuse to write as Allah has taught him.) has been a kind of motivation for certain people to undertake the documentation of debts between people. (as Allah has taught him.) All disciplines like writing, reading, education, space science, mathematics, economics … etc. are of what Allah (swt) has taught us. In addition, the Almighty has set all the secrets of the universe and provided humans with mind to uncover such secrets. This is the root of science.

(…  فَلْيَكْتُبْ وَلْيُمْلِلِ الَّذِي عَلَيْهِ الْحَقُّ …) (…So let him write and let the one who has the obligation dictate …): The one who dictates is the one who has the obligation (the debtor), so they document their commitments.

(…  وَلْيَتَّقِ اللَّهَ رَبَّهُ وَلَا يَبْخَسْ مِنْهُ شَيْئًا …) (…And let him fear Allah, his Lord, and not leave anything out of it …): There is a big difference when all the economic, social, and moral values are prescribed by divine rather than human source. The difference lies in the issue of control as believers have self-control because they believe in their Lord; this is such an important point left out by people when they have decided to talk about or note down morals which become meaningless, valueless if not connected to faith. Moreover, morals can never be enforced by law but by the divine control. In sum, the connection between values and morals and the teachings of religions and self-control is the only way to ensure the enforcement of morals.

Here we have the fear of Allah (swt) associated with the documentation process with the goal of stating that the whole thing is about the fear of Allah in essence and not just about documentation. Keep the Almighty in your mind, not money, creditor or debtor; that’s why the Almighty says here: (And let him fear Allah, his Lord,).

(… فَإِن كَانَ الَّذِي عَلَيْهِ الْحَقُّ سَفِيهًا أَوْ ضَعِيفًا أَوْ لَا يَسْتَطِيعُ أَن يُمِلَّ هُوَ فَلْيُمْلِلْ وَلِيُّهُ بِالْعَدْلِ ۚ) (…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 …): When the person who has the obligation is unable to dictate because of having limited understanding or being too young or too old, their guardian should do that on their behalf.

(… وَاسْتَشْهِدُوا شَهِيدَيْنِ مِن رِّجَالِكُمْ ۖ فَإِن لَّمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ مِمَّن تَرْضَوْنَ مِنَ الشُّهَدَاءِ …) (…And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses …): This is one of the verse some people misinterpret with the goal of defaming the legislation of the Almighty by claiming that Islam considers woman to be half of man and deprives her from her rights; this verse and the verse on inheritance:

{ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْ}

(for the male, what is equal to the share of two females.) (An-Nisaa: 11)

are among the proofs they provide for that end. So, they claim that Islam differentiates between man and woman. Islam, on the other hand, has made man and woman complement each other since they are of the same origin. Still, man has his own characteristics and duties, and woman has her own characteristics and duties like conceiving, birth giving, breastfeeding, upbringing … etc. Moreover, the passion of woman is more prolific than that of man; plus, man and woman have a totally different morphology. However, Allah (swt) has made man and woman complement each other for life to carry on but preferred neither man nor woman since people are preferred in terms of piety:

{ يَا أَيُّهَا النَّاسُ إِنَّا خَلَقْنَاكُم مِّن ذَكَرٍ وَأُنثَىٰ وَجَعَلْنَاكُمْ شُعُوبًا وَقَبَائِلَ لِتَعَارَفُوا ۚ إِنَّ أَكْرَمَكُمْ عِندَ اللَّهِ أَتْقَاكُمْ ۚ إِنَّ اللَّهَ عَلِيمٌ خَبِيرٌ}

(O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted..) (Al-Hujuraat: 13)

Moreover, the Almighty has made man and woman equal in all the verses on enjoinment and reward:

{ مَنْ عَمِلَ صَالِحًا مِّن ذَكَرٍ أَوْ أُنثَىٰ وَهُوَ مُؤْمِنٌ فَلَنُحْيِيَنَّهُ حَيَاةً طَيِّبَةً ۖ وَلَنَجْزِيَنَّهُمْ أَجْرَهُم بِأَحْسَنِ مَا كَانُوا يَعْمَلُونَ}

(Whoever does righteousness, whether male or female, while he is a believer – We will surely cause him to live a good life, and We will surely give them their reward [in the Hereafter] according to the best of what they used to do.) (An-Nahl: 97)

Nonetheless, the Almighty can never require woman to do the same as what’s required from man. So, equality between man and woman is incorrect as we seek them to complement each other and the woman to have all of her rights. If we consider the Holy Quran we find out that woman has been given rights (in Islam) that no other earthly doctrines have ever given to her. In all, when we have comprehensive understanding of and correctly implement the religion of Islam and the Holy Quran we know well that woman is honored and given rights in some issues more than man is given.

In this verse, the Almighty talks about testimony, and the question here is: do we need a testimony by two women in all cases? No; the testimony of one woman is sufficient in some cases. However, in criminal, economic, trade, and commerce cases man’s testimony is generally more appropriate because men are more capable of testifying in such cases of obligation. A woman can’t testify on criminal cases that are harsh when we take the nature of women in consideration. As an example, human made laws are set for general cases with certain exceptions. Yet, the Almighty’s rules and legislations are set generally, not for special cases. Men are generally more into the cases of buying, selling, debt, credit, disagreements and disputes. Based on that, a man is required to testify in such cases while, in this respect, two women can testify so that if one a woman forgets something or is mistaken, the other reminds her. Thus: (so that if one of the women errs, then the other can remind her.) ‘errs’ refer to forgetting or being mistaken. How come woman is deprived from her rights then? This is rather meant to honour her in cases where it’s better to have the testimony of two women. The same applies with respect to inheritance:

{ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْ}

(for the male, what is equal to the share of two females.) (An-Nisaa: 11)

But is it the case for all the inheritance? The share of woman is in many cases of inheritance division is more than that of man. So, for the male, what is equal to the share of two females in certain cases. If we consider the law of distribution of estate and note how the shares are divided according to the Almighty’s rules we find that the share of woman (mother, sister, wife, and daughter) is more than the man’s. Another point here is the woman as the mother.

A man came to Allah’s Messenger (peace be upon him) and said, “O Allah’s Messenger (peace be upon him)! Who is more entitled to be treated with the best companionship by me?” The Prophet (peace be upon him) said, “Your mother.” The man said. “Who is next?” The Prophet said, “Your mother.” The man further said, “Who is next?” The Prophet (peace be upon him) said, “Your mother.” The man asked for the fourth time, “Who is next?” The Prophet (peace be upon him) said, “Your father[1].”

Then, three fathers are never equivalent to one mother. So, how come someone claims that a woman is equivalent to half of man with respect to a testimony on a case of selling. We should consider the rules as a whole not in part. No one has ever given woman rights as much as Islam does.

(… وَلَا يَأْبَ الشُّهَدَاءُ إِذَا مَا دُعُوا …) (…And let not the witnesses refuse when they are called upon …): Because this is an honor to be fulfilled by the witnesses who would have testimony on the rights of people so that such debts and contracts among people are well documented and not lost.

(… وَلَا تَسْأَمُوا أَن تَكْتُبُوهُ صَغِيرًا أَوْ كَبِيرًا إِلَىٰ أَجَلِهِ …) (…And do not be [too] weary to write it, whether it is small or large, for its [specified] term …): Don’t get fed up even if it’s a minor issue which, nonetheless, has to be documented. In addition, written guarantees must be  made whether the debt is minor or major.

(… ذَٰلِكُمْ أَقْسَطُ عِندَ اللَّهِ وَأَقْوَمُ لِلشَّهَادَةِ …) (…That is more just in the sight of Allah and stronger as evidence …): Prophet Muhammad (saws) used to call people not only to establish the prayers but also justice as ordered by Allah when he was calling for Islam:

 { إِنَّ اللَّهَ يَأْمُرُ بِالْعَدْلِ وَالْإِحْسَانِ وَإِيتَاءِ ذِي الْقُرْبَىٰ وَيَنْهَىٰ عَنِ الْفَحْشَاءِ وَالْمُنكَرِ وَالْبَغْيِ ۚ يَعِظُكُمْ لَعَلَّكُمْ تَذَكَّرُونَ}

(Indeed, Allah orders justice and good conduct and giving to relatives and forbids immorality and bad conduct and oppression. He admonishes you that perhaps you will be reminded.) (An-Nahl: 90)

Thus, the very first thing the Prophet uttered is: (Indeed, Allah orders justice), and Allah stands for the absolute justice, so He says: (And do not be [too] weary to write it, whether it is small or large, for its [specified] term.) to guarantee justice and make the testimony firmer even if it’s documented.

(… وَأَدْنَىٰ أَلَّا تَرْتَابُوا …) (…and more likely to prevent doubt between you …): Doubt should be prevented among you in trading, selling, buying, and all economic and commercial transactions.

(… إِلَّا أَن تَكُونَ تِجَارَةً حَاضِرَةً تُدِيرُونَهَا بَيْنَكُمْ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَلَّا تَكْتُبُوهَا …) (…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 …): It’s needless to document when the transaction is immediate so it becomes a barter deal. Just see how Islam stated that at that time.

(… وَأَشْهِدُوا إِذَا تَبَايَعْتُمْ …) (…And take witnesses when you conclude a contract …): In order to document all economic transaction in general, take witnesses when you conclude a contract.

The time for a deposit is different from its due time. That’s why the Almighty repeats (and take witnesses) in the talk about different transactions such as selling, loan … etc. At the time of deposit, the person keeping it intends to return it. However, at the time when the deposit is due, the faith of such person might be shaken.

(… وَلَا يُضَارَّ كَاتِبٌ وَلَا شَهِيدٌ …) (…Let no scribe be harmed or any witness …): Prophet Muhammad (saws) said:

“There should be neither harming nor reciprocating harm[2].”

Therefore, you mustn’t harm the one who will write for you; and you must also allocate a certain amount for them in return of their efforts. This is the basis for the position of the (notary public).

(… وَإِن تَفْعَلُوا فَإِنَّهُ فُسُوقٌ بِكُمْ …) (…For if you do so, indeed, it is [grave] disobedience in you …): Such a grave disobedience happens when you act contrary to what Allah (swt) orders. This is deviation from the obedience of Allah (swt).

(… وَاتَّقُوا اللَّهَ …) (…And fear Allah …): Fear Allah (swt), then, in all transactions such as selling, buying, loans, other transactions … etc. And make the fear of Allah (swt) a pillar for all of that. The fear of Allah (swt) is the guarantee to fulfill all such matters as long as it’s there between the creditor and the debtor, the buyer and the seller … etc. The fear of Allah (swt) is the real guarantee, even if we have documentation and witnesses.

(… وَيُعَلِّمُكُمُ اللَّهُ …) (…And Allah teaches you …): Allah (swt) is the source of all knowledge. In addition, the more pious a person is, the more knowledge Allah (swt) grants to them. There are many pious knowledgeable people who draw different meanings from this verse, including but not limited to that fact that the fear of Allah (swt) is a way for knowledge. Imam Ashafe’e says:

“To Wake’e  I complained about my ill-memory,

So, he guided me to leave wrong-doing,

As knowledge is a light that’s heavenly,

And such light is never bestowed to the wrong-doing.”

( وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ … ) (…And Allah is Knowing of all things): Allah (swt) knows everything from the fear of Allah to documenting; and:

 {وَكَفَىٰ بِاللَّهِ عَلِيمًا}

(and sufficient is Allah as Knower.) (An-Nisaa: 70)

[1] Hadith no. 5626, Chapter: Who is more entitled to the best companionship? Good Manners and Form (Al-Adab) Vol. Sahih Al-Bukhari

[2] Hadith no. 6536, Vol 4, Majma’ Azzawaed wa Manba’ Alfawaed