The Quran and Shari’ah Advice on Orphans and Contracts
For Muslims
For Muslims
ABSTRACT
“And do not touch the substance of an orphan, save to improve it, before he comes of age. And be true to every promise - for, verily, [on Judgment Day] you will be called to account for every promise which you have made!
The ayah gives the ninth and tenth injunctions which deal with the financial rights; where as the earlier ones tackled with the physical rights. As the ninth tenet, the ayah instructs us about our dealings with the orphans. This is a collective responsibility of the society as the order is given in the pleural (Sayyid Qutb). “I am the guardian of the one who has no guardian" declared our Noble Prophet. The ayah wants us to tackle the property of the orphan with utmost care and diligence with the only aim to protect and enhance it; the guardian, charged with the protection and management of orphan’s property is forbidden to take any personal advantage out of this duty. His responsibility lasts till he reaches “ashuddah” i.e he comes of age.
As the tenth injunction, we are then asked to be true to our promise and undertakings with the orphan. However it has a generic meaning here and is generally translated as “every promise". Mufti Mohammed Shafi therefore has included here all the types of Covenants and Contracts, between the servant and his Creator and between human beings themselves. This will include all forms of pacts and pledges between individuals or institutions, personal, financial, political. Javed Ahmed Ghamdi extends this concept of contracts a step further. He suggests that this in fact includes fulfillment of all our duties and responsibilities at all levels whether as a result of contracts, blood relations or any other association.
Lastly we are warned that we will be responsible and accountable on the final Day of Judgement for each and every promise and pledge that we have made in our lifetime anywhere and to anybody. Needless to say, accountability heralds the possibility of consequences. May Allah Ta’aala Subhanahoo save us from HIS retribution.
February 27, 2017
Read ONLY, IF AND WHEN you have time and mood for:
“An Ayah of the Quran for 30 Days” -- February 2017
Choose the section you have time, in the next 30 days to read this ayah:-
Prelude: Recurrent Primary Message 1st. Page
Starting Dua, a note & The Ayah 2nd. Page
A Short Summary: For the Busy Bee None Pages
The Main Story: Recommended One Page
Footnotes: For the Perfectionist One Page
PRELUDE
From the Pen and Perspective of a self-styled PPK Muslim (Proud, Practicing, Knowledgeable) with a humble submission that Islam totally rejects Blind Following BUT vigorously focusses on the Limitations of Pure Human Reasoning..............and clearly and comprehensively AlLAH knows best.
In the beginning of the seventh century C.E., the folks of Mecca and Medina had a fascinatingly unique window: they had direct access to the Heavens through one of their own. They were blessed with a regular stream of Divine counseling and guidelines. Question and answer sessions were part of the program. Even individual questioner was graced by an answer. In the short Introduction to this scheme they were assured that at the end of this twenty-two year project, Divine Directions and Admonitions will continue through the agency of the PEN. The whole discourse has been preserved and archived till eternity under the guarantee of our Lord and Creator. This record in known as the Quran.
It should sound unbelievable but factually appears to be true: Many of our prevalent, widespread and important concepts and opinions about religious matters do not have a basis in the Quran and sometimes even appear to be in obvious conflict with the teachings of the Quran. It would be very educative and helpful to discuss an Ayah once a month to see if it supports or rejects our views and actions in our daily life. I wish and hope this email generates a fruitful interactive discussion.
DUAA’
بِسمِ اللَّهِ الرَّحمٰنِ الرَّحيمِ
In the name of Allah, we praise HIM, seek HIS help and ask for HIS forgiveness. Whosoever Allah guideth none can misguide; whosoever HE allows to fall astray, none can guide him right. We bear witness that there is none worthy of worship but Allah alone and we bear witness that Mohammed, SAW is HIS slave-servant and the Seal of HIS Messengers.
Further, we recall that Allah Ta’aala has declared in HIS Book1
“He granteth wisdom to whom He pleaseth; and he to whom wisdom is granted receiveth indeed a benefit overflowing; but none will grasp the Message (or remember or receive admonition) but men of understanding (or intellect)”
and we also recollect that he has warned us about the day of judgement2
“Then on that day you shall most certainly be questioned about the boons (joy, pleasure).”
We realise, that there cannot be a greater boon or blessing or benefit than wisdom and we wonder if this should be a timely reminder to very many of us sincere and practicing Muslims who use our critical thinking to enhance the mundane for ourselves and our families but resort to compulsory following -- taqleed, doctrine of classical Sunni Islamic Fiqh -- in matters religion.
(NOTE: I have filtered out the proofs and details into the Footnotes for those who have the time and interest for them. The main email will then be reasonable length, hopefully for the busy majority. What follows is not a sermon; I do not feel qualified to give one, anyhow. I wish, it may provide a food for thought. A caveat seems in order: If the ayah selected pertains to issues we face in our daily life with our family, friends, neighbours or peers it may affect us personally and lead to some self analysis and soul searching which in turn could be divisive and distressing. If taken in the right spirit, it can be a humble attempt towards finding the “straight path”.)
THE AYAH
Surah Al Isra (No. 17), Ayah 34
وَلا تَقرَبوا مالَ اليَتيمِ إِلّا بِالَّتي هِيَ أَحسَنُ حَتّىٰ يَبلُغَ أَشُدَّهُ ۚ وَأَوفوا بِالعَهدِ ۖ إِنَّ العَهدَ كانَ مَسئولًا
“And do not touch the substance of an orphan, save to improve it, before he comes of age. And be true to every promise - for, verily, [on Judgment Day] you will be called to account for every promise which you have made!
A SHORT VERSION
None
THE MAIN STORY
“I am convinced about the veracity of my opinions, but I do consider it likely that they may turn out to be incorrect. Likewise, I am convinced about the incorrectness of the views different from mine, but I do concede the possibility that they may turn out to be correct.” — Imam Shafa’i
We are nearing the end of the “the ten commandments of the Quran” which we had started few sessions earlier. The ayah gives the ninth and tenth injunctions which deal with the financial rights; where as the earlier ones tackled with the physical rights. As the ninth tenet, the ayah instructs us about our dealings with the orphans. This is a collective responsibility of the society as the order is given in the pleural (Sayyid Qutb). This subject has high priority in our Shari’ah; the Quran deals with the this subject on numerous occasions because they were unable to guard their own interests and rights; this is the place where the demand of Allah Ta’aala Subhanahoo takes over. Later this principle was extended to other folks in the same category — those unable to look after themselves. When the Islamic State came into existence, legal and administrative measures were adopted to implement these moral instructions. "I am the guardian of the one who has no guardian" declared our Noble Prophet. Some of the other ayahs on this subject:
“and do not touch the substance of an orphan - save to improve it - before he comes of age…………..”3 and
“…….And they will ask thee about [how to deal with] orphans. Say: "To improve their condition is best." And if you share their life, [remember that] they are your brethren:1 for God distinguishes between him who spoils things and him who improves………….”4
The ayah wants us to tackle the property of the orphan with utmost care and diligence with the only aim to protect and enhance it; the guardian, charged with the protection and management of orphan’s property is forbidden to take any personal advantage out of this duty. His responsibility lasts till he reaches “ashuddah” i.e he comes of age. In the mundane world the legal age varies from eighteen to twenty one years . However according to most jurists, special precaution is called for in this situation; it is not the chronological age but the maturity and judgement of the orphan under consideration. Hence the desired age can vary from eighteen to thirty years.
As the tenth injunction, we are then asked to be true to our promise and undertakings with the orphan. The definite article “al” has been used here with “ahad” indicating “the promise” to the orphan. However it has a generic meaning here and is generally translated as “every promise". Mufti Mohammed Shafi therefore has included here all the types of Covenants and Contracts. First, between the servant and his Creator which has been made on two occasions: in the eternity by every human being before he becomes a “believer or non-believer” that Allah Ta’aala Subhanahoo is our Lord and Creator and again, when he takes the Shahadah and professes the Kalima. Second, refers to dealings between human beings themselves. This will include all forms of pacts and pledges between individuals or institutions, personal, financial, political. On the basis of loyalty to these pacts and pledges a righteous family, society and government will be ensured. Javed Ahmed Ghamdi extends this concept of contracts a step further. He suggests that this in fact includes fulfillment of all our duties and responsibilities at all levels whether as a result of contracts, blood relations or any other association. In other words keeping up pledges is in fact tantamount to fulfilling everybody’s rights, overt or covert. Thus the rights of Allah and HIS Messenger, parents, wife and children, relatives, family, neighbours, teacher and the taught, boss and his servant, and society and nation are all covered under this injunction. When the Islamic State was established, this became the guiding principle for the conduct of all internal; and external affairs by the Muslim Community and the Islamic Government” says Maulana Maudoodi.
Lastly we are warned that we will be responsible and accountable on the final Day of Judgement for each and every promise and pledge that we have made in our lifetime anywhere and to anybody. Needless to say, accountability heralds the possibility of consequences. May Allah Ta’aala Subhanahoo save us from HIS retribution.
........and Allah knows best.
May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.
Dr. Khalid Mitha
FOOTNOTES
(1) Surah 2/269
يُؤتِي الحِكمَةَ مَن يَشاءُ ۚ وَمَن يُؤتَ الحِكمَةَ فَقَد أوتِيَ خَيرًا كَثيرًا ۗ وَما يَذَّكَّرُ إِلّا أُولُو الأَلبابِ
(2) Surah 102/8
ثُمَّ لَتُسأَلُنَّ يَومَئِذٍ عَنِ النَّعيمِ
(3) Surah 6/152 (part of ayah)
وَلا تَقرَبوا مالَ اليَتيمِ إِلّا بِالَّتي هِيَ أَحسَنُ حَتّىٰ يَبلُغَ أَشُدَّهُ
(4) Surah 2/220 (part of ayah)
فِي الدُّنيا وَالآخِرَةِ ۗ وَيَسأَلونَكَ عَنِ اليَتامىٰ ۖ قُل إِصلاحٌ لَهُم خَيرٌ ۖ وَإِن تُخالِطوهُم فَإِخوانُكُم ۚ وَاللَّهُ يَعلَمُ المُفسِدَ مِنَ المُصلِحِ ۚ
