Question
If Islam says that it gives equal rights to women, why then most clerics say that women’s testimony is half compared to men?Is it in Quran?
Answer
In our opinion, the above assumption has no basis in Islam and is result of incorrect understanding of Quran.
The idea that the witness of women is only half as reliable as that of a man has been derived from verse 282 of Surah Al-Baqarah – the second Surah of the Qur’an . A close look at the referred verse shows that such a derivation on the basis of this verse is not correct. The translation of the related part of the verse follows:
Believers, when you make a deal for a loan for a prescribed period of time, write down the agreement. A scribe should write down the agreement between you, with justice. The scribe should not refuse to write it down, as God gave him the knowledge of writing. So he must write it down. The debtor should dictate the writing and [while doing so,] he must fear God, his Lord [and dictate it justly] and not reduce any part of the amount. If the debtor is not of a sound mind or is weak or is in any other way incapacitated to dictate the agreement, then his guardian may dictate [the terms on his behalf] with justice. Make two of your men a witness on this agreement. In case two men are not available, then a man and two women. Such witnesses as you choose. [Two women in place of one man have been advised, so] that if one of them errs, the other may remind her. The witnesses should not refuse when they are called to testify.” (Al-Baqarah 2: 282)
As stated earlier, Muslim scholars, on the basis of this verse have derived that the witness of a woman carries half the weight of that of a man. Furthermore, most of them also hold that a woman’s witness is not acceptable in cases of criminal proceedings. In our opinion, due to the reasons that follow, such derivations on the basis of the referred verse are not correct.
A close look at the verse shows that:
- This verse addresses the common man and not a state hence it does not relate to the law, it is rather an advice in a matter, which has the potential of developing a conflict between two or more individuals. The verse states that when two or more individuals enter into an agreement for a loan for a fixed period of time, they should write down their agreement, to avoid any misunderstandings in future. As a further safeguard against such misunderstandings, they should make two men a witness to the arrangement. In case they cannot find two men, then they may replace one man by two women, so that if any one of the women confuses her testimony, the other may help her. Obviously, if this was a legal directive, it would have addressed the state. It would then have stated something like: ‘If a matter pertaining to a conflict regarding a loan for a specified period is brought to you, decide it on the basis of the written contract. The contract, to be valid, must be testified by two men or one man and two women’. In other words, the content of this verse, if understood in the proper context and style, does not allow us to say that the testimony of a woman, in the eyes of the Qur’an , carries half as much weight as that of a man.
In the light of the above explanation, we may say that the Qur’an has advised the individuals to follow the given guidelines in matters pertaining to deferred financial transactions. If any individual, due to any reason, does not follow these guidelines, he is not only likely to suffer a loss but may also be held answerable on the Day of Judgment for ignoring the commands of his Lord. Nevertheless, as far as his legal financial claim is concerned, the court may, if it is satisfied, give a decision in his favour on the basis of the testimony of just one woman. While, on the other hand, if the court is not convinced of his claim, it may give a decision against him even if he presents ten men as witnesses for his claim.
- This verse relates specifically to witnesses on a document. The choice in the case of witnesses on a document is with those who are a party to the contract. All of us, if given a choice, will chose men over women as witnesses purely to avoid unnecessary stress for women to go through in case they are brought to courts.In the Arab society where these directives were primarily given, women did not enjoy an equal status.This verse and other verses gave women the status of being indepedent witnesses.Adding two women doesn’t indicate that there is an issue of intellect but only reflects the environment which women were in.The second woman is only for support and not as a witness. However, on the other hand, the choice of witnesses to a crime or to an accident or to any scene is not with any individual. Whoever – whether man, woman or child – is present and has seen the incident may stand as a witness, even alone, and is completely acceptable in the court of Islamic shariah.Hence, the question of intellect goes out of the window.
On the basis of the above points, we believe that the whole concept regarding the witness of a woman is based on false grounds. We do not think that there is any basis to hold the view that a woman’s witness, according to the teachings of Islam, is half as reliable as that of a man.If that was the case then none of the scholars of hadith would have accepted narratives from hazrat Ayesha(ra)and other women who reported prophet’s(pbuh) Ahadith.
Hope it answers your question.
UIUK team
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