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:

 

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.

 

 

 

……..and Allah knows best.

May Allah Ta’aala bless us with true understanding–“fahm”–of our Deen, Aameen.

 

Dr. Khalid Mitha