1/ Are woman inferior, equal or superior to man due to her testimony, in Qur'an and Hadith?
Textual, contextual, linguistic and socio-historic critical enquiry. LONG Thread.
Textual, contextual, linguistic and socio-historic critical enquiry. LONG Thread.
2/ Critics often claim based on 2:282 and a hadith in Bukhari that woman are inferior in intelligence due her testimony. This stems from a gross misunderstanding of the texts, and relies heavily on blind following (taqleed).
3/ Why didn’t he Qur’an simply say ‘woman’s testimony is half that of men, and that due to inferior intelligence? The hadith on this is misunderstood and is explained here.
4/ In Islam, testimony is not conditional on gender role or intelligence. It is based on 1) being just and truthful (ذَوَى عَدْلٍ مّنكُمْ). Honesty and integrity is embedded in giving any testimony irrespective of gender roles.
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and 2) knowledge of the matter being testified about.
Circumstantial knowledge, the risk of error in the witness or to protect from vulnerability often demanded varying number of witnesses.
and 2) knowledge of the matter being testified about.
Circumstantial knowledge, the risk of error in the witness or to protect from vulnerability often demanded varying number of witnesses.
6/
A single man’s testimony is never accepted even to the most trivial of financial transaction as per 2:282. Another man’s testimony confirms and removes any doubt. Why don’t the critics infer from this that men are inferior in intelligence than women?
A single man’s testimony is never accepted even to the most trivial of financial transaction as per 2:282. Another man’s testimony confirms and removes any doubt. Why don’t the critics infer from this that men are inferior in intelligence than women?
7/ Why don’t the critics opine that may be 1st male may err/forget and hence the need for the 2nd?
In contrast, a single woman’s testimony is accepted even where it pertains to very serious matter of lineage and inheritance.
In contrast, a single woman’s testimony is accepted even where it pertains to very serious matter of lineage and inheritance.
8/
The prophet ﷺ accepted in matters more serious than a trivial financial issue, testimony of a sole female witness (a slave woman in fact). The prophet made a man to divorce his wife when he discovered she was his foster-sister, based on a single female testimony.
The prophet ﷺ accepted in matters more serious than a trivial financial issue, testimony of a sole female witness (a slave woman in fact). The prophet made a man to divorce his wife when he discovered she was his foster-sister, based on a single female testimony.
9/ No female or male witness were required to corroborate her testimony.
Sometimes, womens’ testimony is preferred over men.
Sometimes, womens’ testimony is preferred over men.
10/ All jurists are agreed upon when it pertains to childbirth, menstruation, virginity, nursing, termination of waiting period etc., According to Jurists, was providing testimony here linked with intelligence? Why is women’s testimony preferred over men’s here?
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According to Qur’an, female testimony is also worth equal to man and can in fact overpower man’s.
According to Qur’an, female testimony is also worth equal to man and can in fact overpower man’s.
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One can easily argue that,
24: 6-9 husband’s testimony inferior than wife’s
24:4 3 men testimony inferior than 1 woman
24:4 says men are inferior at giving testimony, since they absolutely need 4 men against the testimony of 1 woman.
One can easily argue that,
24: 6-9 husband’s testimony inferior than wife’s
24:4 3 men testimony inferior than 1 woman
24:4 says men are inferior at giving testimony, since they absolutely need 4 men against the testimony of 1 woman.
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24: 4 in fact, demonstrates that testimony is neither linked with gender role, nor with intelligence. Even if 3 truthful male witnesses came forward against the accused female, their testimony is rejected.
24: 4 in fact, demonstrates that testimony is neither linked with gender role, nor with intelligence. Even if 3 truthful male witnesses came forward against the accused female, their testimony is rejected.
14/ Is this rejection of testimony linked with men’s ‘superior’ intelligence? No. The extra witnesses are guarantors.
15/ A closer look at 2:282:
2:282 doesn’t talk about women’s intelligence. It focuses on her credibility of not making mistake. Thus the provision for additional guarantor. If the 1st did not err, is her testimony accepted? Then her testimony is in par with man.
2:282 doesn’t talk about women’s intelligence. It focuses on her credibility of not making mistake. Thus the provision for additional guarantor. If the 1st did not err, is her testimony accepted? Then her testimony is in par with man.
16/ 2 men vs 1 man & 1 woman.
Here, unintentional forgetfulness or intentional mistake is not necessarily linked with intelligence, or biology rather with sociological circumstances.
Here, unintentional forgetfulness or intentional mistake is not necessarily linked with intelligence, or biology rather with sociological circumstances.
17/
Qur’an stipulated 2 witness for the contract and made them male as this was their normal socio economic engagement. If 2 acceptable male witnesses were unavailable only then unaccustomed females were included to support this contract.
Qur’an stipulated 2 witness for the contract and made them male as this was their normal socio economic engagement. If 2 acceptable male witnesses were unavailable only then unaccustomed females were included to support this contract.
18/
Why 2 female witness were stipulated, in my opinion, was due woman’s social interactions in the historical milieu where it wasn’t customary for them to engage directly in public commercial transactions.
Why 2 female witness were stipulated, in my opinion, was due woman’s social interactions in the historical milieu where it wasn’t customary for them to engage directly in public commercial transactions.
19/ Due to unfamiliarity & complex nature of these transactions, there was room for error in recollecting the details later. Additional vulnerability of being pressurised to provide false testimony existed if she was the only female witness.
20/ She will have extra moral support to remind her of making true testimony and reduce the pressure burden. Neither witness nor scribe must suffer harm- Quran emphasises in the same ayah.
Why didn’t the Qur’an say ‘bring 2 female witness to begin with instead of 2 men?
Why didn’t the Qur’an say ‘bring 2 female witness to begin with instead of 2 men?
21/ Because they were usually not around for business. ‘If you can’t find 2 men’ implies they are usually around and on occasions you may not find the right witness to choose.
Quran provides evidence for sociological reasons.
Quran provides evidence for sociological reasons.
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The social sphere of men was the public sphere 62:10-11 eg., going about business after Jumma prayers. 2:282 doing business transactions.
While social sphere of women was preferred home 33:33 Prophets wives taken as role models.
The social sphere of men was the public sphere 62:10-11 eg., going about business after Jumma prayers. 2:282 doing business transactions.
While social sphere of women was preferred home 33:33 Prophets wives taken as role models.
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Is forgetfulness due to lack of intelligence?
What does أن تضل mean? What does لتذكر mean?
Allah says about Muhammad S, 93:7 ‘and He found you ضالا dallan (lost, not guided), so guided you’. Did Allah find him unintelligent and made him intelligent?
Is forgetfulness due to lack of intelligence?
What does أن تضل mean? What does لتذكر mean?
Allah says about Muhammad S, 93:7 ‘and He found you ضالا dallan (lost, not guided), so guided you’. Did Allah find him unintelligent and made him intelligent?
24/
32:10 ‘When we are dalalna ضللنا (lost) in the earth...’
Being lost in the earth has nothing to do with intelligence.
4:44. وَيُرِيدُونَ أَن تَضِلُّوا السَّبِيل they desire you to (an tadillu) go astray from the path.
32:10 ‘When we are dalalna ضللنا (lost) in the earth...’
Being lost in the earth has nothing to do with intelligence.
4:44. وَيُرِيدُونَ أَن تَضِلُّوا السَّبِيل they desire you to (an tadillu) go astray from the path.
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وَضَلَّ عَنْهُم مَّا كَانُوا يَفْتَرُونَ 6:12 and which they invented will (dalla) disappear from them.
يُبَيِّنُ اللَّهُ لَكُمْ أَن تَضِلُّوا 4:176 Allah makes it clear to you (masculine plural), so that you don’t err/forget/ go astray.
وَضَلَّ عَنْهُم مَّا كَانُوا يَفْتَرُونَ 6:12 and which they invented will (dalla) disappear from them.
يُبَيِّنُ اللَّهُ لَكُمْ أَن تَضِلُّوا 4:176 Allah makes it clear to you (masculine plural), so that you don’t err/forget/ go astray.
26/
We all are Inferior in intelligence??
If it was linked with intelligence, the 2nd female won’t help with her inherent inferior intelligence either
We all are Inferior in intelligence??
If it was linked with intelligence, the 2nd female won’t help with her inherent inferior intelligence either
27/ The word ‘dalal’ (absence) meant turning from the right way, intentionally or otherwise. Hence it’s use here instead of limited in scope ‘’to forget" (nisyan) or "to err" (khata).
28/
تذكر Means to remind someone, make them remember from forgetfulness, it’s not about making them understand something which their intellect didn’t grasp earlier.
تذكر Means to remind someone, make them remember from forgetfulness, it’s not about making them understand something which their intellect didn’t grasp earlier.
29/
Linking this turning from the right way/mistake with inferior intelligence is utter desperation and poor reasoning. If men made the mistakes and were reminded, it doesn’t indicate they are inferior in intelligence.
Linking this turning from the right way/mistake with inferior intelligence is utter desperation and poor reasoning. If men made the mistakes and were reminded, it doesn’t indicate they are inferior in intelligence.
30/
The only valid question that can be raised is why are women mentioned about forgetting and reminding, excluding men? Precisely due to sociological reasons! There is a risk of ‘forgetting’ due to dealing with unfamiliarity outside their usual sphere.
The only valid question that can be raised is why are women mentioned about forgetting and reminding, excluding men? Precisely due to sociological reasons! There is a risk of ‘forgetting’ due to dealing with unfamiliarity outside their usual sphere.
31/ Some men could be unfamiliar too, hence Qur’an advises to choose witness ‘who are acceptable to you’. The explicit condition for witness is وَأَشْهِدُواْ ذَوَى عَدْلٍ مّنكُمْ , 65:2 not intelligence but a just/upright character.
32/
Why didn’t the Qur’an say ‘bring 2 female witness to begin with instead of 2 men? Because they were usually not around for business.
‘If you can’t find 2 men’ implies they are usually around and on occasions you may not find the right witness to choose.
Why didn’t the Qur’an say ‘bring 2 female witness to begin with instead of 2 men? Because they were usually not around for business.
‘If you can’t find 2 men’ implies they are usually around and on occasions you may not find the right witness to choose.
33/ Men mostly travelled and traded with caravans and went to war, not women.
34/ A closer look at the hadith:
Part of the problem lies in incorrect translation of ناقصات and نقصان . Additionally, ignoring the context of the Hadith, the nuances in language used, also added to the confusion.
ناقصات and نقصان refers to reduction, not deficiency.
Part of the problem lies in incorrect translation of ناقصات and نقصان . Additionally, ignoring the context of the Hadith, the nuances in language used, also added to the confusion.
ناقصات and نقصان refers to reduction, not deficiency.
35/ This can be seen here : 13:41, 21:44. where the land is being *reduced* from its borders.
So what is (نقصان عقل و دين) reduction in mind and religion? How can woman have a reduction in religion? Religion is not her biological makeup. It is what she follows.
So what is (نقصان عقل و دين) reduction in mind and religion? How can woman have a reduction in religion? Religion is not her biological makeup. It is what she follows.
36/ Thus being relieved from fasting and praying is not a reduction in religion; it’s a reduction in religious *duties* or obligations.
37/ Likewise, there is a reduction via relief of mental functions/duties of testifying; it is not an inherent reduction of mind/reason/intellect itself.
The prophets statement ‘worth half a testimony’ seems to be when both women are required when one does err.
The prophets statement ‘worth half a testimony’ seems to be when both women are required when one does err.
38/
This is due to reduction of legal duty or responsibility. She doesn’t have to be a witness when two men are available.
This is due to reduction of legal duty or responsibility. She doesn’t have to be a witness when two men are available.
39/ Just like the inheritance of a sister is half of that of a brother not because her worth as an intrinsic inferior personhood but rather due to reduction in financial duties, responsibilities and obligations.
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