I would like to take apart a fatwa I found on Islam Q and A.
A Muslim asks a
scholar,
Why is the
witness of two women considered to be equal to the testimony of one man?
And the scholar replies:
What is meant by witness or testimony is something by which
the thing testified may be proven and known to be true and correct, so it is
information about it. With regard to the witness of two women being equal
to the testimony of one man. Allaah has mentioned the wisdom behind specifying
the number of two as being that a woman may forget or get confused, so the
other woman can remind her, as He said
“…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…”
[al-Baqarah 2:282 – interpretation of the meaning]
Interestingly enough the scholar fails to quote the whole
verse which is as follows: ‘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. The witnesses should not refuse when they are called
on (For evidence). Disdain not to reduce to writing (your contract) for a
future period, whether it be small or big: it is juster in the sight of Allah,
More suitable as evidence, and more convenient to prevent doubts among
yourselves but if it be a transaction which ye carry out on the spot among
yourselves, there is no blame on you if ye reduce it not to writing. But take
witness whenever ye make a commercial contract; and let neither scribe nor
witness suffer harm. If ye do (such harm), it would be wickedness in you. So fear
Allah. For it is God that teaches you. And Allah is well acquainted with all
things.’
It clearly states in ‘witness
transactions’ in future obligations like the mathematical distribution of
inheritance. And it is only in this circumstance where women are required to
have two witnesses. The Mullah is right in this aspect. Allah has said it is
because women may forget and need extra help. Now before we go into Mullah
retard reasoning, I will point out a few things. Allah has commanded two women
only in this circumstance. All other witness testimonies for things like crime,
mischief or adultery, Allah has commanded to take four witnesses from the
believers (either men or women.) Why would this circumstance be any different?
I am going to sound very
apologetic here, but such reformers of Islam view this verse as such:
'Most likely it was because in the
past women were often barred from having any say in financial transactions such
as inheritance. They were not given the opportunity or the education to stand
alone so Allah said another woman should be there to help her dictate and
recall what is to be written in these transactions. But quite obviously such a
teaching does not take precedence.’ Anonymous
Now let us see Mullah reasoning behind it.
With regard to the phrase, “that if one of them (two women)
errs”, Ibn Katheer said: “This means, the two women, if one of them forgets the
testimony, then ‘the other can remind her’, i.e., she can remind her about the
matter concerning which testimony is being given.” (Tafseer Ibn Katheer, part
1, p. 724) (Fair enough)
Allaah has commanded the testimony of two women so as to be
sure that they remember, because the mind and memory of two women takes the
place of the mind and memory of one man. (See I’laam al-Muwaqqa’een, part 1, p.
75).
No it does not.
This does not mean that a woman does not understand or that she cannot
remember things, but she is weaker than man in these aspects – usually.
Scientific and specialized studies have shown that men’s minds are more perfect
than those of women, and reality and experience bear witness to that. (Do you have any references to these studies my good man?) The books of
knowledge are the best witness to that; the knowledge which has been
transmitted by men and the ahaadeeth which have been memorized by men far
outnumber those which have come via women
She is not weaker in these aspects in any shape or form. Scientific and
specialized studies differentiate in the types of ‘memories’ men and women can
recall. None of these studies have showed that men’s minds are more perfect
than women and no reality and experience bear witness to it. I will gladly email
valid psychological journal articles that have tested these things for anyone
who is interested. The Mullah then claims that the books of knowledge have been
transmitted by men. Well that is because women were not allowed to educate
themselves. Many were barred from seeking higher education or even reading and
writing at all. It had nothing to do with women being ‘stupid’ but rather men
preventing them from reaching their potential. Women who ended up being
educated and outspoken in the past were often killed, maimed or executed. During
the time of hadith compiling by Bukhari, misogyny was at its peek!
On that note I find it strange that Aisha who lived with Muhammad for
ten years narrated less hadith than Abu Huraiya who was only with Muhammad for
two years. He also did not live with him so was not able to observe all his
habits. Sounds like Abu Huraiya farted out hadith to suit his needs. But again
this Mullah’s analogy is ridiculous and full of ignorance. The fact that men
narrating hadith outnumber women is not proof that women are stupid. Anyone
with common sense knows how bad women were treated in the past (and today) and
their lack of recognition in the past is the reason why they didn’t make many
contributions to knowledge in society.
The Mullah continues:
This has to do with gender, i.e., the gender of men
is more perfect than the gender of women. Allaah says (interpretation of the
meaning):
“Men are the protectors and maintainers of women,
because Allaah has made one of them to excel the other, and because they spend
(to support them) from their means. Therefore the righteous women are devoutly
obedient (to Allaah and to their husbands), and guard in the husband’s absence
what Allaah orders them to guard (e.g. their chastity and their husband’s
property)”
[al-Nisaa’ 4:34]
Apologetics again:
And where in this verse does Allah say men are more perfect
than women? (This isn’t even a good translation but I will stick with it as it
is what the scholar has used.) The verse says men are to protect and maintain
women because they excel (in physical strength) hence if the woman has a good
man protecting her and maintaining her household she will obey him and not
cheat on him and guard THEIR (as in they both own) property. Nothing about men
having a perfect gender. This verse just explains their obligations. In other
words, God putting man in his obligated social role and woman in hers (some
form as subjugation as usual, but can be interpreted differently if one so
wishes.)
Nevertheless, there are some women who are far superior to
men in their reason and insight, but they are few, and the ruling is based on
the majority and the usual cases.
Correction, there are MANY women who are far
superior to men in their reason and insight. There are many of them not few.
They were just not acknowledged before but with the rise of gender equality in
the west, these accomplishments of intelligent women are being acknowledged. So
this ruling is not based on a majority of women but rather a sense of
misogynies prevalent in hadith following ‘Muslim’ men.
A woman may compensate for her weaknesses by striving hard,
and surpass men when they are negligent. Hence we find that in some colleges,
female students surpass male students because of their greater efforts and
their keenness to succeed when many of the male students are negligent and are
not eager to learn. A man may also excel over a woman in some fields that are
basically hers, so we find that some of the most skilled chefs, tailors,
cosmeticians and obstetricians on the international level are men. The point is
that usually – and no wise person would dispute this – most of the prominent
people in the religious sciences, such as fiqh, hadeeth, tafseer, ‘aqeedah and
preaching, and in the worldly sciences such as medicine, astronomy,
engineering, physics, chemistry, etc. are men.
Wrong again. Women don’t have a ‘weakness’ and
she doesn’t need to compensate for anything. You will find in most colleges
women and men do well equally with hard work and keenness to succeed. No one
gets anywhere by bumming around. Sure there are men in womanly fields such as
cosmeticians, chefs and tailors. A lot of them also happen to be homosexual and
in touch with their feminine side. Men are the most prominent in religious
sciences because plenty of families, Imams and religious scholars prevent women
from pursuing these things and instead prefer her to keep quiet and humble
herself. Snort. Again men are more prominent in worldly sciences because women
were barred from higher education for a long time. As I said this is all
changing (in the West at least) because of gender equality and recognition for
women’s rights. Now you will find a lot of women in medicine, astronomy,
engineering, physics and chemistry.
If we think about the western societies in which men and
women are regarded as equal in all aspects, we will find that despite that men
still prevail. Still, Allaah has given women pre-eminence and has favoured them
over men in some aspects, such as caring for children, and showing patience,
love and compassion towards them, and managing the home. Hence the sharee’ah
gives custody to them, for the mother is the first school, from which the
future men, leaders of the world and scholars of the ummah graduate. What
virtue can be greater than this?
Of course men still prevail. Western societies
are still male dominated societies, but with the rise of women’s rights things
are changing (as I said). However gender equality is still fairly new and women
still have to fight to reach the top. But thank you Mr. Mullah for indirectly
admitting ‘Islamic’ countries don’t give women these equal rights. Of course
Allah gives value to women in these aspects of compassion and love. Without the
compassion, softness, forgiveness and mercy of woman, man would be doomed to
become wild beasts. Women are their tamers. They are the oozing butter balls or
spongy muffins for men to love and to suppress their violent instincts and use
it for good causes like protecting women as Allah said in Surah Al Nisa. However he is lying about custody of children
given to the women. You will find in many Islamic societies, the man is
favoured in Sharia Law and the children are given to him. The quran considers
the children to be his heirs.
The Mullah finishes off:
Islam encourages special care for the mother and her
children, and enjoins upon children to honour their mother, treat her kindly
and give her preferential treatment above the father. It was narrated that Abu
Hurayrah said: “A man said, ‘O Messenger of Allaah, who among the people is
most deserving of my good companionship?’ He said, Your mother, then your
mother, then your mother, then your father, then those who are closest in order
of closeness.’” (Narrated by Muslim, 2548). What greater honour can there be
than this?
So let everyone work in his or her field of
specialization. Men should not interfere in pregnancy and breastfeeding, and
women should not be involved in jihad, fighting the enemy, or holding the
positions of khaleefah or ruler. Whatever is permitted to both of them should
be done within the guidelines of sharee’ah, such as not allowing free mixing of
the sexes and not neglecting other duties such as those of husbands and
wives.
And Allaah is the Source of strength.
Right, men should not interfere in those things but Allah
has commanded believers (men and women) to fight in Jihad, fighting the enemy
and has made no distinction of sex for those in authority. In fact there was a
queen in the Quran and her name was Sheba.
There is nothing wrong with free mixing either, Allah has not forbidden
it. Mixing with the opposite sex lessens sexual perversity and allows for
understanding and empathy of the opposite gender.
And Allah is indeed the source of strength. Something which
you, Mr, Mullah lack because of your fear of women.
