4. Writing the Transaction and Witnesses
According to the Quran, when two parties enter into a credit-based financial transaction for a fixed period, the agreement should be documented and witnessed. The relevant passage states:
“Believers, when you contract a debt for a stated term, put it down in writing; have a scribe write it down with fairness between you. No scribe should refuse to write: let him write as God has taught him, let the debtor dictate, and let him fear God, his Lord, and not diminish [the debt] at all. If the debtor is weak in mind or body, or unable to dictate, then in fairness let his guardian dictate for him. Call in two of your men as witnesses. But if two men cannot be found, then call one man and two women out of those you approve of as witnesses, so that if one of the two women should forget the other can remind her. Let the witnesses not refuse when they are summoned. Do not be disinclined to write down your debts, be they small or large, together with the date of payment. This is more just in the sight of God; it is more reliable as testimony, and more likely to prevent doubts arising between you, unless it be ready merchandise which you give or take from hand to hand, then it will not be held against you for not writing it down. Have witnesses present whenever you trade with one another, and let no harm be done to either scribe or witness, for if you did cause them harm, it would be a crime on your part. Be mindful of God; He teaches you: He has full knowledge of everything.” (Quran, 2:282)
In financial transactions, two parties are always involved. To preserve mutual trust, it is essential to document the transaction in writing, so that if a dispute arises, the written record can serve as the basis for settling the matter.
The Quranic verse requiring two female witnesses in place of one male witness does not imply that women are inferior to men. Rather, it reflects a practical consideration as mentioned in the Quran, “so that if one of the two women should forget, the other can remind her.”
God has given men and women distinct mental and emotional abilities. Certain capacities may be more pronounced in one gender than in the other. For instance, the structure and functioning of the male and female mind differ in certain respects: a man’s mind often tends to focus on one task at a time, whereas a woman’s mind may be more inclined to attend to several matters simultaneously. As a result, a woman’s mental attention is often broader, while a man’s focus is usually more concentrated. This difference can be observed in everyday life. (For details, see Monthly Al-Risala, June 2021, p. 8, “Aurat aur Mard ka Farq”)
Because of this natural difference, the rule was established that two women may serve as witnesses in place of one man, so that if one woman, owing to her natural disposition, does not fully recall a particular detail of the transaction, the other may assist her memory.
