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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.
يَا
أَيُّهَا الَّذِينَ آَمَنُوا إِذَا تَدَايَنْتُمْ بِدَيْنٍ إِلَى أَجَلٍ
مُسَمًّى فَاكْتُبُوهُ وَلْيَكْتُبْ بَيْنَكُمْ كَاتِبٌ بِالْعَدْلِ وَلَا
يَأْبَ كَاتِبٌ أَنْ يَكْتُبَ كَمَا عَلَّمَهُ اللَّهُ فَلْيَكْتُبْ
وَلْيُمْلِلِ الَّذِي عَلَيْهِ الْحَقُّ وَلْيَتَّقِ اللَّهَ رَبَّهُ وَلَا
يَبْخَسْ مِنْهُ شَيْئًا فَإِنْ كَانَ الَّذِي عَلَيْهِ الْحَقُّ سَفِيهًا أَوْ
ضَعِيفًا أَوْ لَا يَسْتَطِيعُ أَنْ يُمِلَّ هُوَ فَلْيُمْلِلْ وَلِيُّهُ
بِالْعَدْلِ وَاسْتَشْهِدُوا شَهِيدَيْنِ مِنْ رِجَالِكُمْ فَإِنْ لَمْ
يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ مِمَّنْ تَرْضَوْنَ مِنَ …الشُّهَدَاءِ
أَنْ تَضِلَّ إِحْدَاهُمَا فَتُذَكِّرَ إِحْدَاهُمَا الْأُخْرَى
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 affect the question as to base 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 (والله اعلم).
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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