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Is the Woman’s Testimony
Worth Half That of Man?
Rights of Women in Islam
Hypothesis:
Nowadays when human rights and equality
between men and women are accepted by the majority of the world’s populations,
the issue of the testimony of two women being equal to that of one man in the
Islamic discipline is a sign of discrimination and in direct contradiction to
human rights
It is said that given the fact that all
household expenses are the responsibility of the man of the family, it is
possible to accept, as a matter of economic principle, that woman’s inheritance
be half that of man. But the issue of testimony is a human issue. How is it
possible for God,
the All-Knowing, to have decreed such injustice in the Qur’an?!
The root cause of such questions and instigation of invasive propaganda against
Islam is mainly the actions of some of the religious figures in
the judicial system, and ratification and execution of religious edicts based on
which women’s rights are considered at half their value.
Although such regulations are merely human judgments and presumptions (not
divine commandments,) since they are carried out by religious administrators, by
and large, they are perceived as having a religious base and that is cause for
objections to be directed towards Islam and
the Qur’an. It is warranted, therefore, to examine to see whether this issue has
a basis in the Qur’an, and if such declaration does exists,
examine the conditions, purpose, and method for execution of this declaration.
The fact is that the presumption of some of the religious administrators is
based on a verse from the Qur’an which is relevant to a specific relation for a
special social condition of a society of many centuries ago. In spite of
fundamental changes and transformations having taken place in that society, the
religious administrators have presumed the applicability for the verse to be
fixed and eternal, and have extended the application of this decree to
testimonies offered by women in all phases of life. The verse which addresses a
woman’s testimony is Verse 2:282, which happens to be the longest verse in the
Qur’an. This relatively long verse addresses fourteen diverse commandments
regarding monetary transactions with long-term maturities in a society of
illiterate people who had to employ the services of witnesses in lieu of
receipts and written transactions. The spirit and aim of this verse is the
registration and recordation of transactions and prevention of oblivion and
possible denial on the part of the parties involved. However, in our time, with
the majority of the population being literate and the existence of public
institutions for maintaining records, no Muslim will seek a witness for
non-monetary transactions (1), rather by using checks,
promissory notes, money orders, credit cards, or even on-line transactions will
implement the spirit and purpose (not the apparent meaning) of the verse.
It is astonishing that in spite of fundamental changes and transformations in
the society, the shape and form of the commandments in said verse having become
obsolete for this day and age, some of the religious administrators still insist
on the testimony of two women being equivalent to the testimony of one man! At
this point, it would be appropriate to examine the verse up to the commandments
addressing the issue of testimony.
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O ye who believe! When ye deal with each
other, in transactions involving future obligations in a fixed period of time,
reduce them to writing Let a scribe write down faithfully as between the
parties: let not the scribe refuse to write: as Allah Has taught him, so let him
write. Let him who incurs the liability dictate, but let him fear His Lord
Allah, and not diminish aught of what he owes. If they party liable is mentally
deficient, or weak, or unable Himself to dictate, Let his guardian dictate
faithfully, and get two witnesses, out of your own men, and if there are not two
men, then a man and two women, such as ye choose, for witnesses, so that if one
of them errs, the other can remind her ... (2)
The issue of testimony of two women versus
that of one man, contrary to the common perception, does not have value and
validity such that it would lead to inferences in lowering the stature of women.
As can be seen the subject of the verse is the possibility of oblivion on the
part of a witness. This point by itself may effect the question as to based on
what scientific reason is a woman’s memory weaker than a man’s memory?
Among other things, experiences of life show that there is a direct and
undeniable relation between one’s memory and the subjects of one’s interest. Not
only men and women have different attachments, interests and tastes in different
facets of individual and social life in accordance with their own natural
functions, each gender has fundamental and undeniable differences among its own
species.
Verse 2:282 which is about monetary transactions with long-term maturities, was
revealed at a time when women spent their time a home and had no role in
economic affairs and no interest or knowledge of accounting, bookkeeping, and
monetary transactions. It is possible, therefore, for women to forget more so
than men, details of matters in which they had no interest, knowledge, or
experience. Under such circumstances the best option would be to have two
witnesses in order to protect the interests of the society. However, in today’s
society, when women partake in scientific and economic sectors (besides the
negative aspects of their involvement in bearing a portion of the
responsibilities) is their memory with regard to economic matters weaker than
men’s memory? In a country where women compose sixty five percent of college
students, is the testimony of two women equivalent to that of one man? God knows
best (æÇááå ÇÚáã).
1) Clearly, if in some
off-the-path parts of the world such societies exist,
then the verse would be applicable just as it was at
the time of its revelation
2) Qur’an 2:282
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