Juz 7: Al-Māʾidah 82 to Al-Anʿām 110
Section 9 of 17 · Tafsir of the Qur’an · Mufti Abdul Rahman Mangera
10. Making a Will and Taking Witnesses | Verses: Al-Ma'idah 5:106-108
The Noble Quran provides clear guidance regarding the legal testimony for wills, particularly in circumstances where death approaches while traveling:
يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِّنكُمْ أَوْ آخَرَانِ مِنْ غَيْرِكُمْ إِنْ أَنتُمْ ضَرَبْتُمْ فِي الْأَرْضِ فَأَصَابَتْكُم مُّصِيبَةُ الْمَوْتِ ۚ تَحْبِسُونَهُمَا مِن بَعْدِ الصَّلَاةِ فَيُقْسِمَانِ بِاللَّهِ إِنِ ارْتَبْتُمْ لَا نَشْتَرِي بِهِ ثَمَنًا وَلَوْ كَانَ ذَا قُرْبَىٰ ۙ وَلَا نَكْتُمُ شَهَادَةَ اللَّهِ إِنَّا إِذًا لَّمِنَ الْآثِمِينَ
“O you who believe, when death draws near one of you, at the time of making the will, (let there be) two witnesses from among you, known for justice, or two others from non-Muslims if you are traveling in the land and the calamity of death befalls you. (Then) if you have doubt (about their truthfulness), detain them after the prayer, and they shall swear by Allah: 'We shall not take any price for it, even if there be a relative; and we shall not conceal the testimony (appointed to be given) by Allah, otherwise we shall be among the sinners.'" (5:106)”
This verse addresses a critical situation in which a Muslim is about to die while traveling. In such circumstances, where Muslim witnesses might not be available, the person is permitted to have non-Muslims serve as witnesses to their will. This demonstrates Islam's practicality and recognition of extraordinary circumstances.
The verse prescribes a specific procedure to ensure the integrity of the testimony: if there is doubt about the truthfulness of the non-Muslim witnesses, they are to be detained after prayer and made to swear by Allah (swt) that they will not exchange the truth for any price, even if a relative is involved, and that they will not conceal the testimony enjoined by Allah (swt).
The following verse addresses what should happen if these witnesses are found to be untruthful:
فَإِنْ عُثِرَ عَلَىٰ أَنَّهُمَا اسْتَحَقَّا إِثْمًا فَآخَرَانِ يَقُومَانِ مَقَامَهُمَا مِنَ الَّذِينَ ا.
“Then, if it is discovered that the two had rendered themselves liable to a sin, then, in their place shall stand two others, closest of those whose right has been taken away, and they shall swear by Allah, “Our evidence is more truthful than their evidence, and we have not transgressed; otherwise we should be among the unjust.”” (5:107)