چکیده:
The execution and recordation of transaction and debt deeds is one of the main solutions to bring organization into the Iranian judiciary. To this end and in order to guarantee people's rights and reduce the disputes, the notary public offices undertake the important task of executing the transaction and debt deeds. The study at hand aims at investigating the qur’ānic viewpoints on the necessity of recording the debt and transaction deeds and wants to find the qur’ānic solutions for the recordation of these deeds. Relying on the opinions of outstanding Imāmīte jurists, this study has found out that although some scholars have ruled for the desirability of the debt recordation, the majority of scholars have relied on the imperative sentence "reduce them to writing" (Qur’ān 2:282) to rule for the general obligation of the debt recordation. It has been even deemed necessary not to forget recording the small non-cash deals because the advantage of deed execution is that it guarantees the implementation of justice in society and the establishment of a healthy economy. According to the common opinion, the scribes and witnesses should be secure and immune. Any act that harms them should be avoided, because causing damages to them means disobedience of God and leads to wickedness in transactions.
خلاصه ماشینی:
Ibn ‘Abbās has said that the foregoing verse regards the forward sale or futures trading, but the majority of Ḥadīth transmitters, interpreters, and jurists believe that this rule is general and is true for all legal deals including term, futures, debt, and other liabilities (Ṭabrisī, 1993, vol.
The reason is that if the Qur’ān had ordered writing the debts but the respective deeds were void of religious and legal validity, the recordation obligation would be meaningless.
Of course, the phrase "such as ye choose" indicates that it is the arbitrary justness of the two witnesses in deed execution and in the serving and testifying stages of attestation that is needed for the debt confirmation, and the real justness of the two witnesses is not intended (Jawādī Āmūlī, 2007, vol.
Second, in this verse, God has ordered the scribe to write based on the Islamic jurisprudence and law, in a way that the text is not against religious requirements and does not cause harm and damage to one of the two parties of the transaction.
If there is no money in the public treasury, the scribe can ask the person who has requested the deed execution to pay his wage, because it is essentially believed that offering advantages (here, the act of writing) for free is not obligatory (Fāḍil Miqdād, 2005, vol.
If the verb is taken to be active, the meaning of the verse is that the scribe and the witness should not harm the creditor or the debtor through refusal to record or attest or by addition or obviation of a part of the debt.