Commentary
The subject of the first of the three verses given above has appeared earlier in Surah al-Nis-a' in almost the same words. The only difference is that the arrangement of words there (4:135) was: كُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّـهِ while, here (5:8), it has been said: كُونُوا قَوَّامِينَ لِلَّـهِ شُهَدَاءَ بِالْقِسْطِ (be steadfast for Allah as witnesses for justice). A delicate reason for the alternation in words appearing earlier and later in these two verses has been given by Abu Ha-an in his Tafsir Al-Bahr al-Muhit a gist of which is given below.
There are usually two causes which hold people back from doing justice and then make them do the unjust and the oppressive. The first one is taking the side of your own self, or that of your friends and relatives. Enmity with someone is the other cause. The verse in Su-rah al-Nis-a' is addressing itself to the first subject while this verse of Surah al-Ma'idah is oriented to the other.
Therefore, the words which follow this sentence in Surah Al-Nisa' وَلَوْ عَلَىٰ أَنفُسِكُمْ أَوِ الْوَالِدَيْنِ وَالْأَقْرَبِي that is, 'even though against yourselves or the parents, and the kinsfolk ...' After the sentence of Surah al-Ma'idah cited above, the words which follow in this verse are: وَلَا يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ عَلَىٰ أَلَّا تَعْدِلُوا that is, And malice against a people should not bid you to not doing justice ...' So, the essential message of this verse of Surah al-Nisa' is: When it comes to doing justice, let nothing affect you, neither your own self, nor your parents, nor your relatives. If the demand of justice happens to be against them, stay with nothing but justice. The essence of this verse from Surah al-Ma'idah is that hostility against an enemy should not affect your sense of justice to the limit that you start working against the demands of justice to harm your enemy.
This is the reason why, by placing 'al-qist' (justice) first in the verse of the Surah al-Nisa', it was said: كُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّـهِ... be upholders of justice, witnesses for Allah ... ) and, by placing 'lillah' (for Allah) first in the verse of Surah al-Ma'idah, it was said: كُونُوا قَوَّامِينَ لِلَّـهِ شُهَدَاءَ بِالْقِسْطِ... be steadfast for Allah as witnesses for justice ) - though, both these modes serve the same purpose end-wise. It is obvious that a person who stands for justice will stand for none but Allah, and one who stands for none but Allah will do nothing but justice. But, when it comes to protecting personal interest or favouring friends and relatives, one may be tempted to justify the thought that the act of caring for relationships here is also for Allah. Therefore, by bringing in the word, 'al-qist' (justice) first at that point, the message given was that the concession which is contrary to justice cannot be for Allah. And in Surah al-Ma'idah, where the purpose was to enjoin justice with enemies, the word 'lillah' (for Allah) was brought in first, which took away the chances of sentimental attachments overpowering human nature. The point is, when you stand for Allah, the inevitable outcome should be an equal justice with enemies as well.
In short, both these verses of Surah Al-Nisa' and Surah al-Ma'idah carry two elements of guidance. The first commands full adherence to justice whether dealing with friends or foes. No weakness should be shown on account of any relationship, friendly or hostile. The second instruction given in these two verses is that no one should avoid recording true evidence and stating what is the truth in honesty with Allah, so that the decision makers face no difficulty in arriving at the true, sound and just decision.
The Holy Qur'an has stressed upon this subject in several verses with various angles telling people not to drag their feet and be tardy in appearing as true witnesses. Verse 2:283 from Surah Al-Baqarah carries a very clear command: وَلَا تَكْتُمُوا الشَّهَادَةَ ۚ وَمَن يَكْتُمْهَا فَإِنَّهُ آثِمٌ قَلْبُهُ (And do not conceal the testimony. And whoever conceals it, his heart is, surely, a sinner) which proves that to give a true evidence is an obligation and its concealment, a grave sin.
But, the Holy Qur'an has also kept in sight the impediments to the fulfillment of such duty. The central obstacle is that a witness is made to appear in the courts repeatedly where he is subjected to absurd cross-examinations aimed at breaking the witness and invalidating his testimony. The result is that anyone marked to be a witness is actually marked out for trouble. Kept away from what he does for living, he becomes a target of all sorts of inconveniences just for nothing. Therefore, when the Holy Qur'an says that the giving of true evidence is necessary (Wajib), it also says: وَلَا يُضَارَّ كَاتِبٌ وَلَا شَهِيدٌ ( And neither scribe nor witness should be made to suffer - 2:282 ).
A carefully investigated view of the courts and cases today will re-veal that spot witnesses and true witnesses are almost extinct. Any sensible person who happens to see something unusual taking place somewhere would instinctively run away from there lest he gets grabbed as a witness. The police fills out its case report with made-up witnesses the result of which could hardly be any different than what is being observed day in and day out. Not even five, or ten percent cases can be decided on the basis of truth and justice. Courts too can-not do anything about it. The kind of witnesses they receive are the only basis on which they have to arrive at their conclusions and decide cases.
But, no one seems to notice the initial error being made in this matter. If witnesses are treated nicely and they are not harassed time and again, good people would not hesitate to come forward to register their testimony as required under the teachings of the Qur'an. But, what is happening here is that the first investigation of a case is handled by the police and it is, by itself, enough to drive a witness crazy by his repeated appearances at the station. Once a witness, he would never be a witness again, not even on his dead body. Then the case goes to the court, if it does. And if it does, there comes the problem of dates, one after the other, they keep coming, next and next. But, the witness becomes the victim who has to undergo the punishment of a crime he never committed when he comes to record his pres-ence on every such new date. This long-hauled rule of procedure, a sick vestige of the British colonist, has corrupted our courts and judicial departments. One naturally tends to compare it with the form of simple and speedy justice provided in modern-day Hijaz and elsewhere in which the number of pending cases cannot become so large, nor would they prolong so continuously, nor does it cause any harassment to witnesses while fulfilling their religious duty.
To sum up, the blessings of an Islamic legal system can be seen even today by simply restructuring the law of evidence, and its attending rule of procedure, in accordance with the teachings of the Qur'an which require the knowers of truth to testify and which also command that they should not be put to any inconvenience and that they should be free to go within the shortest possible time after recording their testimony.
Some forms of testimony
Finally, at this point, it is important to know that the sense of witness and testimony in current usage has become limited to testifying before a judge or Committee hearing suits and disputes. But, in the terminology of the Qur'an and Sunnah, the word 'Shahadah' (testimony) has a much broader sense. For instance, the medical certificate given to a sick person which states that he is unable to report on duty, or that he should be retired on medical grounds, is also a testimony. If the statement made in it was contrary to the actual condition of the sick person, it will turn into a false evidence and become a grave sin.
Similarly, checking student papers and marking them out during tests and examinations is also an act of testifying. If any increase or decrease in the marks allotted in them was done knowingly or carelessly, that too shall be a false evidence, which is unlawful, and a grave sin.
Certificates and testimonials awarded to successfully graduating students bear a witness that the awardee has the capability of doing what his or her documents say. But, should it be that the person concerned is, in fact, not so capable, then, everyone who has signed on that certificate or testimonial stands charged with the crime of false attestation.
Correspondingly, casting a vote in favour of a candidate seeking election to assemblies, councils and public bodies is also a testimony in which the voter bears witness that, in his or her knowledge and estimation, the particular candidate is worthy of becoming a representative or spokesperson of the country and its people, both in terms of his ability and merits and in terms of his honesty and trustworthiness as well.
Now, figure out how many of our representatives are there about whom this 'evidence' would prove to be true and correct? But, there is little that can be said about our electorate which seems to take this exercise of voting as some game where one either wins or loses. That, to them, is all there is to it. Yet, the right of vote is sold for money, or cast under pressure, or thrown away for fickle friends and shady promises. Leave others alone, even educated and observing Muslims fail to realize while voting for undeserving people that they were inviting the curse and punishment of Allah by putting their false evidence on record.
There is yet another way of looking at the casting of votes to elect representatives in accordance with the Holy Qur'an. This is called 'Shafa` ah' (recommendation or Sifarish). It means that the voter approves of the candidate of his choice and recommends that he should be elected as a representative. The injunction of the Holy Qur'an relevant to this situation has appeared earlier in the words given below:
مَّن يَشْفَعْ شَفَاعَةً حَسَنَةً يَكُن لَّهُ نَصِيبٌ مِّنْهَا ۖ وَمَن يَشْفَعْ شَفَاعَةً سَيِّئَةً يَكُن لَّهُ كِفْلٌ مِّنْهَا
Whoever makes a good recommendation, there shall be for him a share from it (in the Hereafter). And whoever makes a bad recommendation, there shall be for him a share from it - (4:85).
It means that anyone who makes a good, true and justified recommendation, then, he too will get a share from the good deed of the per-son he has recommended. And a person who makes a bad recommendation, that is, favours someone undeserving and bad to succeed through his recommendation, then, he too shall get a share from the bad deeds of the person he has recommended. Thus, when a candidate like this will, during his tenure of office, go on doing what is wrong and impermissible, it is obvious that the curse of his evil doings will fall on the voter as well.
The vote has a third status in the sight of the Shari` ah of Islam - that of advocacy (Wakalah). This is, as if, the voter makes the candidate his representative and agent on his or her behalf. But, had this agency been connected with one of his personal rights and the gain or loss from it would have affected his person alone, then, he would have been responsible for it personally. However, that situation does not prevail here, because this agency concerns rights which the entire nation shares with him. Therefore, should a person contribute to the success of an undeserving candidate by voting for him as his representative, then, the sin of bulldozing the rights of the entire nation rests on his shoulders.
To recapitulate, our vote has a three-pronged status: Shahadah (evidence), Shafa` ah (Recommendation) and Wakalah (Advocacy or representation in common rights). Under all three conditions, voting for a good and deserving person brings great reward the fruits of which are bound to reach the voter. Similarly, voting for someone undeserving and uncouth is false evidence, unjustified recommendation and impermissible advocacy all in one, so, the evil fruits of his thoughtless voting shall stand recorded in the voter's log of deeds.
Therefore, it is the duty of every Muslim, man and woman, that he or she must fully investigate into the background of the candidate being voted for well before the vote is cast. Let them make sure that the candidate is deserving, capable and honest - and not otherwise. Negligence, apathy and heedlessness are poor reasons to go about committing such grave crimes. If done for no reason, it is absurdity at its worst.
