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EQUALITY OF WITNESSES
Question:
Why are two witnesses who are women, equivalent to
only one witness who is a man?
Answer:
It is not true that two female witnesses are always
considered as equal to only one male witness. It is
true only in certain cases. There are about five verses
in the Quran that mention witnesses, without specifying
male or female. There is only one verse in the Quran,
that says two female witnesses are equal to one male
witness. This verse is Surah Baqarah, chapter 2 verse
282. This is the longest verse in the Quran and deals
with financial transactions. It says:
"Oh! ye who believe!
When ye deal with each other,
in transactions involving future obligation
in a fixed period of time
reduce them to writing 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."
[Al-Quran 2:282]
This verse of the Quran deals only with financial
transactions. In such cases, it is advised to make
an agreement in writing between the parties and take
two witnesses, preferably both of which should be
men only. In case you cannot find two men, then one
man and two women would suffice.
For instance, suppose a person wants to undergo an
operation for a particular ailment. To confirm the
treatment, he would prefer taking references from
two qualified surgeons. In case he is unable to find
two surgeons, his second option would be one surgeon
and two general practitioners who are plain MBBS doctors.
Similarly in financial transactions, two men are preferred.
Islam expects men to be the breadwinners of their
families. Since financial responsibility is shouldered
by men, they are expected to be well versed in financial
transactions as compared to women. As a second option,
the witness can be one man and two women, so that
if one of the women errs the other can remind her.
The Arabic word used in the Quran is Tazil which means
confused or to err. Many have wrongly translated this
word as to forget. Thus financial transactions constitute
the only case in which two female witnesses are equal
to one male witness.
However, some scholars are of the opinion that the
feminine attitude can also have an effect on the witness
in a murder case. In such circumstances a woman is
more terrified as compared to a man. Due to her emotional
condition she can get confused. Therefore, according
to some jurists, even in cases of murder, two female
witnesses are equivalent to one male witness. In all
other cases, one female witness is equivalent to one
male witness. There are about five verses in the Quran
which speak about witnesses without specifying man
or woman.
While making a will of inheritance, two just persons
are required as witnesses. In Surah Maidah chapter
5 verse 106, the Glorious Quran says:
"Oh you who believe!
When death approaches any of you,
(take) witnesses among yourself when making bequests."
[Al-Quran 5:106]
two just persons of your own (brotherhood)
or other from outside if you are journeying
through the earth and the chance of death befalls
you."
[Al-Quran 65:2]
Two persons endued with justice in case of talaq.
"Four
witnesses are required
in case of charge against chaste women,
[Al-Quran 24:4]
There are some scholars who are of the opinion that
the rule of two female witnesses equal to one male
witness should be applied to all the cases. This cannot
be agreed upon because one particular verse of the
Quran from Surah Noor chapter 24, verse 6 clearly
equates one female witness and one male witness:
"And those who launch a charge
against their spouses, and have (in support)
no evidence but their own -
their solitary evidence can be received."
[Al-Quran 24:6]
Hazrat Ayesha (RA) hadith narrated of one witness
Many jurists agree that even one witness of a woman
is sufficient for the sighting of the crescent of
the moon. Imagine one woman witness is sufficient
for one of the pillars of Islam, i.e. fasting and
the whole Muslim community of men and women agree
and accept her witness! Some jurists say that one
witness is required at the beginning of Ramadaan and
two witnesses at the end of Ramadaan. It makes no
difference whether the witnesses are men or women.
Some incidents require only female witness and that
of a male cannot be accepted. For instance, in dealing
with the problems of women, while giving the burial
bath i.e. ghusl to a woman, the witness has to be
a woman.
The seeming inequality of male and female witnesses
in financial transactions is not due to any inequality
of the sexes in Islam. It is only due to the different
natures and roles of men and women in society as envisaged
by Islam.
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