Surah An-Nisaa (4) — Ayah 135

(Ayah 135) ➊ {كُوْنُوْا قَوّٰمِيْنَ بِالْقِسْطِ … :} That is, bear witness for Allah by standing firmly for justice, even if it is against yourselves, or parents, or relatives, and even if it brings you personal loss. (Ibn Kathir)

➋ This verse proves that the testimony of children against their parents will be accepted, and this is not contrary to {”بِرٌّ“} (i.e., kindness) towards them. The testimony of parents and siblings is also accepted according to the predecessors, but only if they are just and not under suspicion. Due to this suspicion, some Imams have allowed the testimony of husband and wife in favor of each other, while others have rejected it. (Qurtubi)

➌ { اِنْ يَّكُنْ غَنِيًّا اَوْ فَقِيْرًا … : } That is, whether the one against whom your testimony is being given is wealthy or poor, you cannot be more well-wishing for him than Allah and His Shariah. Therefore, do not support or oppose the wealthy unjustly because of his wealth, nor show undue leniency to the poor out of pity, but in every case, give true testimony according to Allah’s command. It should not happen that the poverty of the poor inclines you to support him unjustly; you cannot be more well-wishing or have more right over Allah’s servants, whether they are rich or poor, than Allah Himself.

➍ {وَ اِنْ تَلْوٗۤا …:} “{لَوَي يَلْوِيْ لَيًّا } (ض)” means to twist, that is, if you twist your tongue and present the matter in such a way that the one against whom testimony should be given is saved, or {’’ تُعْرِضُوْا ‘‘} that is, you avoid giving testimony altogether, or even conceal it, then surely Allah has always been fully aware of whatever you do, and you will receive its full punishment from Allah. Do not think that by not telling an outright lie, you will be saved from the sin of false testimony.

135. 1 In this, Allah Almighty is emphasizing to the believers to establish justice and fairness and to bear witness according to the truth, even if, as a result, they or their parents and relatives have to suffer loss. This is because the truth is sovereign over all and takes precedence over all.

135. 2 That is, no concession should be made because of a wealthy person, nor should the poverty of a poor person prevent you from speaking the truth; rather, Allah is closer and more important to both of them than you are.

135. 3 That is, personal desires, prejudice, or hatred should not prevent you from acting justly. As stated elsewhere (وَلَا يَجْرِمَنَّكُمْ شَنَاٰنُ قَوْمٍ عَلٰٓي اَلَّا تَعْدِلُوْا) 5:8 "Let not the enmity of a people incite you to act unjustly."

135. 4 "Talwaw" is derived from "Liyy," which refers to distortion and deliberately telling lies. The meaning is distortion and alteration in testimony, and by "turning away" is meant hiding or abandoning testimony. Both of these actions are also prohibited. In this verse, the emphasis is on justice and fairness, and the command is given to observe the requirements necessary for it. For example: always act justly, do not deviate from it, let not the blame of any critic or any other motive become an obstacle in it, rather, assist and support each other in establishing it. Only Allah's pleasure should be your objective, because in this case you will avoid distortion, alteration, and concealment, and your decision will fully meet the standard of justice. If the impact of justice and fairness falls upon you, your parents, or other close relatives, even then do not care, and give priority to the demands of justice over your own or their consideration. Do not give any concession to a wealthy person because of his wealth, and do not fear the poverty of a poor person, because only He knows what is best for both of them. In judgment, personal desires, prejudice, and enmity should not interfere. Rather, ignore them and act with impartial justice. In any society where such justice is observed, there will be peace and tranquility, and Allah's mercy and blessings will descend. The noble Companions رضوان اللہ تعالیٰ علیہم understood this point very well. For example, regarding Abdullah bin Rawahah ؓ, it is mentioned that the Messenger of Allah ﷺ sent him to the Jews of Khaybar to estimate the fruits and crops there. The Jews offered him a bribe so that he would be lenient. He replied, "By Allah, I have come as a representative of the One who is dearest to me in this world, and you are the most disliked to me. But neither the love of my beloved nor my enmity towards you can incite me to act unjustly in your matter." Upon hearing this, they said, "It is because of this justice that the system of the heavens and the earth is established." (Tafsir Ibn Kathir)

135. O you who believe! Stand firmly for justice as witnesses for Allah, even if it is against yourselves, your parents, or your close relatives [178]. Whether one is rich or poor, Allah is more of a well-wisher to them than you [179]. So do not follow your desires, lest you deviate from justice. And if you distort your testimony or refuse to give it [180], then surely Allah is aware of what you do.

[178]
The Emphatic Command of Testifying with Justice:

To testify against oneself means to openly confess one's own crime, no matter how much loss one may have to bear, and this is a matter of great courage and reward. After oneself, the closest are the parents, then after them, other relatives. And it is obvious that the person who has the courage to testify against himself will, all the more, be able to show such courage against his parents and relatives. By testifying against oneself and clearly stating the truth, it often has a very pleasant effect on the opposing party, and their heart naturally inclines towards gentleness. [179] False testimony in favor of a wealthy person is given so that the witness may gain some worldly benefit from him. And in favor of a poor person, it is given out of pity and compassion for the poor against the rich, hoping that perhaps some good may come to him. Allah Almighty is saying that both of them have Allah as their guardian, and He is more well-wishing for them than you are. Their, in fact your own, benefit or loss is not in your hands. Therefore, in whatever situation, you must testify with complete justice and with fear of Allah.

[180]
Forms of Tampering in Testimony:

Do not speak ambiguously or evasively at the time of testimony, in a way that may harm any party. There are several forms of this, for example, hiding some part of a rightful testimony and thinking that you did not lie at the time of testimony. This concealment of the truth is an even greater sin than false testimony. Another form is that the witness has full knowledge of the incident but presents it in such a twisted and manipulated order that the matter becomes something else entirely. The purpose of this is to benefit one party, which automatically harms the other, and sometimes the witness does such things for his own personal interest as well. All these forms are against justice, fairness, and piety. It should be clear that if this verse is taken in its apparent meaning, then its meaning is as stated above; however, the words of «كونوا قوامين بالقسط» carry a broader meaning than this. "Qawwam" is an intensive form of "Qa'im," and "Qist" is such a general word that it includes the command to do justice in worldly matters, household affairs, mutual dealings and transactions, with one's own and others, with disbelievers and believers alike, and it is not limited only to giving testimony in court. That is, for Allah, and fearing Him, whatever you say, say it with justice. Call the good as good and the bad as bad. Whatever you say, say it truthfully, even if it causes you personal loss or affects your parents or any close relative. Do not show favor to the rich or the poor, to the disbeliever or the believer, but have regard only for Allah Almighty.