The issue of women's testimony being half of a man.
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Let's look at the verse:
O you who have believed, when you contract a debt for a specified term, write it down. And let a scribe write [it] between you in justice. Let no scribe refuse to write as Allah has taught him. So let him write and let the one who has the obligation...
O you who have believed, when you contract a debt for a specified term, write it down. And let a scribe write [it] between you in justice. Let no scribe refuse to write as Allah has taught him. So let him write and let the one who has the obligation...
dictate. And let him fear Allah, his Lord, and not leave anything out of it. But if the one who has the obligation is of limited understanding or weak or unable to dictate himself, then let his guardian dictate in justice. And bring to witness two witnesses from among your...
men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her. - Chapter 2 verse 282
Before I get into refuting, we must realize that whatever Allah SWT ordains, is something that is best for us. e should rely on the fact that our creator knows best. We may never find out the wisdom behind everything, but we believe there is wisdom.
A lot of critics of Islam have found this verse to be an attacking point. Many Muslims (particularly women since this is used against Muslim women) fall for these arguments and allow this to shake their faith and see this as an issue regarding women's rights.
I will start by tackling this issue regarding this notion of rights. A witness testimony in Islam is not someone's "right", it is a responsibility. A right is something that you can give u. This however is a responsibility because if you continue reading the verse, it...
states "And let not the witnesses refuse when they are called upon." So clearly we see that this isn't an elevation of rights.
Many classical exegeses have laid out severe punishments if a witness testimony in court is caught lying or being...
Many classical exegeses have laid out severe punishments if a witness testimony in court is caught lying or being...
negligent and making a mistake. The implications under Islamic rule would be that the person who does in fact present fallacious testimony, may face imprisonment and in some cases even light corporal punishment. So a witness in a court in Islam is not something...
to look forward to. It isn't something you want to be. This responsibility which does not entail any choice or freedom to refuse, is made much lighter and easier for a woman by having her be reminded by another woman in case she errs. Keeping in mind the verse states...
"so that if one of the women errs, then the other can remind her." ....not "when she errs", as the latter would assume a woman is by default not capable. This isn't the case. In fact it is preferential treatment for women because the risk of legal punishments that...
a woman is exposed to is greatly reduced for the woman by allowing her to rely on someone other than herself. This luxury is not provided for the man. So before continuing, it is important to realize this is a preferential treatment. Not a degrading one.
To be more nuanced there is a difference between a "shahid" and a "raawi". A shahid is a witness, a raawi is a narrator mainly of a hadith. This is important because a narrator of a hadith has generally harder and more serious implications compared to a witness who witnesses a..
...transaction. In the case of a narrator, the value of a testimony is not dependant on someone's gender. For example, Aisha R.A was a woman by herself who narrated many ahadith. None of the companions doubted her reliability since she was seen someone of authority in terms...
of hadith transmission. Keeping in mind, the transmission of a hadith is far more important than any business contract. So therefore, the argument that Islam "Degrades" women here is invalid. We relied on many women in terms of transmission of the deen.
... so if we can rely on women for the most important aspect, the transmission of this religion, how can we say a woman's testimony is not as valid due to her gender? rather the issue is far more nuanced.
A woman's testimony is accepted in aspects where a woman may or may not be qualified (same for men). A great example is a woman who is a doctor who treats women. Should a situation arise where a woman who is a doctor has to testify for a biologically...
women related issue, in many instances a man's testimony may not even be accepted. This is due to the fact a woman will always be more familiar with the biological realities of a woman (there are exceptions). This is something to be stressed upon, that...
a qualified woman's testimony is accepted like that of a qualified man. The point here is that a woman's testimony and this issue of a witness is something is a far nuanced issue in jurisprudence as opposed to how some critics like to paint it as a black and white issue.
Islam takes into account biological realities as well. It is well known that when women enter menopause, it can have an effect on memory and mild cognitive issues. There can be other biological instances that may have the same impact. This does not something "degrading".
When we look at this issue in it's entirety, we see that this go to argument for many critics of Islam is due to their ignorance. They do not realize how Islamic jurisprudence works.
My advice to Muslims who go through doubts due to these arguments would be, to not buy...
My advice to Muslims who go through doubts due to these arguments would be, to not buy...
into these arguments. Do research and first and foremost, have faith that whatever Allah SWT ordains, is best for us.
For more detailed info: youtube.com
For more detailed info: youtube.com
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