A womans testimony in Sharia

vegangoth

Banned
Why is a woman's testimony not worth the same as a man? For example to carry out the punishment for a thief, there needs to be a testiomy from 2 men or 1 man and 2 women. Just curious.:)
 

abubaseer

tanzil.info
Staff member
Why is a woman's testimony not worth the same as a man? For example to carry out the punishment for a thief, there needs to be a testiomy from 2 men or 1 man and 2 women. Just curious.:)

No only in financial transactions 2 Women's testimony equal to 1 Man.
 

abubaseer

tanzil.info
Staff member
Ok same question why?

:salam2:

Because it is Legislated in the Shariah, the Law of Islaam...In Quran to be more precise.

We donot question the "Law of the Land" made by men.

For example:

Why it is illegal to marry 17 year old in India. Why not 16 or 15 Years old girl.

Why is it legal to have only 1 Wife in USA. Not, 2 or 3. And it is perfectly legal to have 1 billion mistresses?

How did these men arrive at those numbers, Did they created Women ?

But, Allah has created Human Beings and knows us perfectly well and has set the laws.

On a lighter note, today I got traffic ticket, the cop fined me 500 Rupees. Did I question Why 500 not 600 or 400 ?
No, I just asked him for receipt, a proof that it is indeed "The Law."

:wasalam:
 

vegangoth

Banned
Is that just your way of telling me that you don't know the answer? lol ( i'm kidding)

From what I gather Women are regarded (in the koran) as amazing and are to be treated well etc so this part of the law that says that we are somehow worth less than a man doesn't seem to gel with the rest of the teachings.

I would be intrested to here the opinion of other women on this subject.
 

abubaseer

tanzil.info
Staff member
Is that just your way of telling me that you don't know the answer? lol ( i'm kidding)

From what I gather Women are regarded (in the koran) as amazing and are to be treated well etc so this part of the law that says that we are somehow worth less than a man doesn't seem to gel with the rest of the teachings.

I would be intrested to here the opinion of other women on this subject.

In Islaam, Women are not worth less than men. But, men have a degree higher of responsibilty over women.

For Example, Men are responsible for financial maintainence of Women (their daughters, wives, Sisters).

Women are not responsible for their Men even if they(Women) earn.
 

Muslim18

Blessed Muslimah
:salam2:

I am a women and heres the answer i found hope it is of help...

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Thanks for your question, and we implore Allah to guide us all to the best.

First of all, you should know that both genders are entitled to equality before the law of Islam. Justice is genderless. According to the Qur'an, men and women receive the same punishment for crimes such as theft (5:38), fornication (24:2), murder and injury (5:45).

Women possess an independent legal entity in financial and other matters. One legal issue is widely misunderstood: testimony. A common but erroneous belief is that as a "rule," the worth of women's testimony is one half of men's testimony. A survey of all passages in the Qur'an relating to testimony does not substantiate this claimed "rule."

In his book Markaz Al-Mar'ah fi Al-Hayaah Al-Islamiyyah (The Status of Women in Islam), Sheikh Yusuf Al-Qaradawi states:

Some people harbor certain doubts and raise questions about Islam's stance on the woman's status as a human being. One of these questions is: How does Islam regard woman on an equal footing with man while it in the meantime gives man privilege over woman in some dealings such as legal testimony, inheritance, blood money, charge of the family, heading the state and other supporting ministrations?

The distinction (if it can ever be called one) between man and woman is not due to any preference by Allah, the Almighty, of the man or the woman on one being nobler or closer to the Lord.

As a rule, it is piety or consciousness that is what measures one as nobler and closer to Allah: (Verily the most honored of you in the sight of Allah is (he who is) the most righteous of you. And Allah has full knowledge and is well acquainted (with all things).) (Al-Hujuraat 49:13)

However, the distinction made in the verse is merely conditioned by the different tasks assigned to each of the two sexes by virtue of their natural disposition.

The Qur'anic verse known as "verse of indebtedness" in which Allah prescribes writing debt contracts as a precautionary measure is: (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.) (Al-Baqarah 2:282)

The Qur'an makes the testimony of man equal to the testimony of two women. Moreover, the majority of jurists maintain that a woman's testimony does not count in major crimes and in matters which do not relate to the rule of retaliation in kind.

Yet the distinction is far from being due to any belief in a deficiency of the woman's humanity and integrity. It is rather due to her natural disposition and her special inclinations which may exclude her involvement in such matters while being focused on motherhood or the household. Hence, it is most likely to be a kind of characteristic inattention on her part when it comes to handling these matters. For this reason, Allah commands creditors if they want to verify the value of debt to seek the testimony of two men or one man and two women. The Qur'an puts it unambiguously: (so that if one of them errs, the other can remind her.) (Al-Baqarah 2:282)

The exclusion of woman's testimony, altogether, from cases of major crimes, and cases requiring retaliation in kind, is meant to protect women and steer her away from scenes of crime and aggressions against souls, honor and property. It is frequent, for instance, to see a woman closing her eyes, or running away in panic from a scene of bloodshed; therefore, it becomes difficult for that woman to give a reliable account of the crime.

Nevertheless, this has also meant for the jurists that a woman's testimony counts in cases of feminine affairs such as foster relationships, menstruation, delivery and such matters whose knowledge was confined to women in past ages and probably still is.

Dr. Jamal Badawi, professor at Saint Mary's University in Halifax, Nova Scotia, Canada, and a cross-appointed faculty member in the Departments of Religious Studies and Management, adds:

Most Qur'anic references to testimony (witness) do not make any reference to gender. Some references fully equate the testimony of males and females.

One reference in the Qur'an distinguishes between the witness of a male and a female. It is useful to quote this reference and explain it in its own context and in the context of other Qur'anic references to testimony:

(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.) (Al-Baqarah 2:282)

A few comments on this text are essential in order to prevent common misinterpretations:

a. It cannot be used as an argument that there is a general rule in the Qur'an that the worth of a female's witness is only half the male's. This presumed "rule" is voided by the above reference (24:6-9), which explicitly equates the testimony of both genders on the issue at hand.

b. The context of this passage (verse, or ayah) relates to testimony on financial transactions, which are often complex and laden with business jargon. The passage does not make blanket generalization that would otherwise contradict 24:6-9, cited above.

c. The reason for variations in the number of male and female witnesses required is given in the same passage. No reference is made to the inferiority or superiority of one gender's witness or the other's. The only reason given is to corroborate the female's witness and prevent unintended errors in the perception of the business deal. The Arabic term used in this passage, tadhilla, literally means "loses the way," "gets confused," or "errs." But are females the only gender that may err and need corroboration of their testimony? Definitely not, and that is why the general rule of testimony in Islamic law is to have two witnesses, even when they are both male.

One possible interpretation of the requirements related to this particular type of testimony is that in numerous societies, past and present, women generally may not be heavily involved with and experienced in business transactions. As such, they may not be completely cognizant of what is involved. Therefore, corroboration of a woman's testimony by another woman who may be present ascertains accuracy and, hence, justice. It would be unreasonable to interpret this requirement as a reflection on the worth of women's testimony, as it is the only exception discerned from the text of the Qur'an. This may be one reason why a great scholar like At-Tabari could not find any evidence from any primary text (Qur'an or hadith) to exclude women from something more important than testimony: being herself a judge who hears and evaluates the testimony of others.

d. It must be added that unlike pure acts of worship, which must be observed exactly as taught by the Prophet, peace and blessings be upon him, testimony is a means to an end, ascertaining justice as a major objective of Islamic law. Therefore, it is the duty of a fair judge to be guided by this objective when assessing the worth and credibility of a given testimony, regardless of the gender of the witness. A witness of a female graduate of a business school is certainly far more worthy than the witness of an illiterate person with no business education or experience.
 

muslimeen1989

Junior Member
Peace.

There are many misconceptions in this matter, I am a woman and i have no disagreement in this matter because Allah knows best for me in every condition and has given women in Islam greater rights than western civilisation could ever give in my opinion.

I found this useful hope it helps.

Allah (subhanahu wa ta'ala) stated in the Glorious Quran (1:282) which the meaning of is translated as: “And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, the other can remind her.” Allah illustrated in this verse testimonies to assure the rights of others will not be valid unless two men, or one man and two women offer them.

Divine wisdom has granted women, in general, very sensitive emotions, tender feelings, tender care and love. This makes a woman capable of her natural task of childbearing, nursing, taking care of all the needs of the raised child, full custody of the child at the early age of life, etc. These responsibilities require a very big heart, tremendous care, deep emotional involvement and very strong love.

Based on this emotional fact of the woman, she might very well follow her emotional inclinations and swerve from reality, due to her emotional involvement in a case. A woman's loving and very kind feelings might overcome what she has witnessed, and thus she may distort the story of her witness and testimony. Therefore, a divine precautionary measure was established to eliminate any emotional involvement of a woman in any case of testimony or witness in serious, critical and extremely dangerous cases, such as murders and other serious crimes and offenses. If a woman is present at a crime where a murder is being committed, she might close her eyes to avoid seeing such an awful crime taking place. A woman who witnesses such a serious crime also may attempt to run away and escape the crime as well. A woman who witnesses such serious crimes are most likely to be emotionally affected and touched, which may result in loss of temper and composure. This, of course, shall affect the woman's testimony if she is called as a witness to testify about the crime. We would like to point out here also one of the essential principles of the legal and judicial system in Islam which is: "A capital punishment in Islam may be removed, or considered inapplicable, if a doubt arises in the case (or in the crime which is committed)."

Islam has granted women full financial freedom in terms of independence and financial decision making, and made her exactly equal to men in that regard. However, woman's natural role in life, in raising children and caring for the family requires her to stay in the house for longer and extended periods.

It is not as some individuals claim: "Calling two women testimonies and witnesses is an insult to the woman's intelligence and a dishonor to her integrity." If that were the case, a single woman's testimony would not be acceptable also in the private affairs of women. Islam accepts a single woman's testimony in confirming the virginity of a woman, a delivery of a child, clarification of female sexual defects and other matters which mandate examination of a woman's private parts due to a dispute. On the other hand, Islam rejects one single man's testimony in the least significant financial matters such as lending or borrowing funds and other transactions. In fact, the previously stated cases of acceptable single women's testimony are far more important than what men are shoulders in that area. Therefore, we should realize that a single woman's testimony in serious matters is established in order to preserve and prove the due rights of various individuals in the society, based on that testimony.

Moreover, we would like to point out here that testimony in itself is not a privilege or an honor. It is rather a burden that many male and female attempt to avoid in any society. Therefore, Allah commanded people to offer their testimonies and not to try to escape or withhold it, as they will be asked about it on the Day of Judgment. Allah (subhanahu wa ta'ala), stated in the Glorious Quran (2:281) which the meaning of is translated as: “And the witnesses should not refuse when they are called on (for evidence).”

The address here is general, for both male and female. Many people all over the world try to avoid becoming a witness and attempt not to be involved in offering testimonies due to the fact that there is a great burden and bother in that. One is required to go to the court, sit on the witness stand, take an oath to tell the truth, be cross-examined and many other burdens. Financial and physical burdens may result from offering witness and testimony. A witness may be assassinated in some odd cases. Islam therefore aims at eliminating many of these burdens from the woman in terms of testimony.

In Islam a woman is not required to spend on the family and take charge and become financially responsible for the household (unless she wants to participate willingly), as this is the responsibility of the man. Islam meant for the woman to dedicate herself, her soul, her time and her efforts to the major task of "the maintenance of the human race and the generations."

One man's testimony, on the other hand, is not acceptable in financial matters. There should be two male witnesses to prove the financial right of a claimant. No one, that we know of, considers this act as an insult on the man's intelligence and contrary his rights.

Moreover, Islam considers the testimony of a wife exactly equal to the testimony of her husband, when a husband accuses his wife with committing adultery if he has no evidence. Allah (subhanahu wa ta'ala) stated in the Glorious Quran (24:6-9) which the meaning of is translated as: “As for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be for four testimonies (i.e., testifies four times) by Allah that he is one of those who speak the truth. And the fifth (testimony) (should be) the invoking of the Curse of Allah on him if he be of those who tell a lie (against her). But it shall avert the punishment (of stoning to death) from her, if she bears witness four times by Allah, that he (her husband) is telling a lie. And the fifth (testimony) should be that the Wrath of Allah be upon her if he (her husband) speaks the truth.”



Peace :)
 

mhamzah

Junior Member
I have got a question now, regarding verse 24:6-9

And for those who launch a charge against their spouses, and have (in support) no evidence but their own,- their solitary evidence (can be received) if they bear witness four times (with an oath) by God that they are solemnly telling the truth; And the fifth (oath) (should be) that they solemnly invoke the curse of God on themselves if they tell a lie. But it would avert the punishment from the wife, if she bears witness four times (with an oath) By God, that (her husband) is telling a lie; And the fifth (oath) should be that she solemnly invokes the wrath of God on herself if (her accuser) is telling the truth. (24:6-9)

Is the testimony equal or is it greater? As far as I can see the testimony of women is greater than man in this particular case.
 
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