2 female witnesses being equivalent to one male

[Zainab_M]

 


Brother Shabir Ally, President of the Islamic Information Centre, Toronto recently explained this aspect of two female witnesses being equal to one male.

It has nothing to do with gender superiority or one being more intelligent than the other as commonly presumed. The reason is simply because the 7th century the society was so thoroughly male-dominated that most women felt afraid and insecure to testify before a legal authority by herself. If they testified alone they were afraid of being verbally harassed. But if two (or more) of them testified together, it made their position stronger and provided them with greater confidence. In other words, this was a way of encouraging women to come forward to provide evidence whenever necessary.  As we know the testimony of witnesses is essential for resolving various legal issues.

However, we're waiting for Sister Heba to pen a more detailed and comprehensive piece on this topic based on her research.

[Heba E. Husseyn]

Salaams all.  I don't think I've delayed any post as much as this one.  It just slipped out of my mind that it was still pending.  My profuse apology is the very least I can say.   I suddenly remembered day before yesterday while going through this board.  And yes, I compiled sufficient information.

Whatever brother Shabir Ally has stated is fine but there is much more to it.

In this regard we need to refer to Verse 2:282 of Surah Al-Baqrah.

"When ye contract a debt for a fixed term, record it in writing. Let a scribe record it in writing between you in (terms of) equity. No scribe should refuse to write as Allah hath taught him, so let him write, and let him who incurreth the debt dictate, and let him observe his duty to Allah his Lord, and diminish naught thereof. But if he who oweth the debt is of low understanding, or weak, or unable himself to dictate, then let the guardian of his interests dictate in (terms of) equity. And call to witness, from among your men, two witnesses. And if two men be not (at hand) then a man and two women, of such as ye approve as witnesses, so that if the one erreth (through forgetfulness) the other will remember. And the witnesses must not refuse when they are summoned. Be not averse to writing down (the contract) whether it be small or great, with (record of) the term thereof. That is more equitable in the sight of Allah and more sure for testimony, and the best way of avoiding doubt between you;"

First off, let's not forget that this law regarding one male witness being equivalent to two female witnesses is only to be applied while writing a debt contract.  It's not a general law applicable in every legal sphere.

That part of the Verse stating "if the one erreth (through forgetfulness) the other will remember."  refers to the fact that women back then being home bodies were largely inexperienced concerning the procedures of such business transactions.  In fact, the practice of having a debt in writing as instructed in Verse 2:282 was something new even to men. However, most men were somewhat familiar with the practical procedures which made the written procedures simpler for them to follow.  Thus, selecting two suitable female witnesses instead of one would be considered more beneficial for the business transaction as it would give the women the advantage of being able to consult.  If one of them was unaware of a certain matter or rule, the other may know better and offer help.  From the modern perspective some people might find it hard to envisage why or how that would be more helpful.  But one has to focus on the very different social scenario of that period when the  infrastructure (social & legal) was not just male dominated but also very rudimentary.

Moreover, in the 7th century pre-Islamic world, the very concept of females serving as witnesses was unknown.  In those very male-dominated surroundings, women were nervous and lacking in confidence even to voluntarily step forward to testify at all, regardless of the issue.  But by calling for two female witnesses, the Quran has broken that traditional barrier of having the culture of only male witnesses by encouraging women to come forth as well. Appointing two females instead of one, was a source of encouragement for them that made them feel more brave and secure as witnesses, and not alone.

In this regard, a truly fine scholar named Hasan Torabi of Sudan has spoken brilliantly.  Hasan Torabi is one of the few who can be called scholarly in the real sense of the term.  He really understands the Quran the way it ought to be understood.  His words were initially misinterpreted by the mainstream imams by falsely accusing him that he had overridden the Quranic law of recognizing two female witness equivalent to one male witness.  But that's not true at all.  I quote Hasan Torabi's interview in which he explained this aspect from Verse 2:282.

QUOTE:

The referred verse guides us in the issue of writing debts. It ordered that there should be a writer and that there should be witnesses to testify the debt contract. Allah (SWT) said "lest one of the women forgets." He did not say that she would surely forget. In another verse of the Quran, Allah asked for two "just" witnesses to attest the death of someone who was on the verge of passing away. Here He did not specify gender. In fact, female members of the family are more likely to be present at somebody's death. In this case, the same rules of testimony apply to both sexes.

Many people are ignorant of Islamic judicial procedures. There are several ways of testimony, like the authentication of contracts or testifying in front of a judge or an attorney. Nowadays we have women who are professional lawyers and businesswoman, and many men are not able to compete with them.

UNQUOTE:

Thus, in a nutshell, the law of two female witnesses for one male witness is only applicable for writing the debt contract.  And it has two purposes.  First, to help them consult with each other to make matters simpler, and second, to make them feel more confident and secure.

[MuslimanMahlon]

Salaam alaykum sista Heba. I must say, nice piece. I have one question in regard to laws outside of a debt. contract. I've heard people relate that also to "oh, 2 women need to catch a man in adultery". Is this not true? Only 1 women is sufficient witness and if she brings it up does she also have a sista consple her and go in the same procedure?

[Heba E. Husseyn]

I've heard people relate that also to "oh, 2 women need to catch a man in adultery". Is this not true?

Walaikum Salam dear brother RM.  NO .. completely false.  Absolutely nothing of the sort mentioned in the Quran.

The law in the Noble Quran states that if anyone is accused of adultery (also fornication), there must be at least 4 witnesses (male or female, doesn't matter)  to testify to the truth of it.  This is also often misinterpreted by various circles among the clerics.  Even though the Quran mentions "witnesses" and not eye-witnesses, yet most Muslims take this as "4 eye witnesses to the act of physical intimacy in adultery."  That's totally impractical and therefore incorrect.  All Quranic rules are practical to the utmost.  You won't find any law or rule that's just a formality in the Quran.  Who would be careless enough to take the risk of having upto 4 eye witnesses for an act that's prohibited by law?   Thus, the Quranic injunction of having 4 witnesses in a case of adultery simply refers to 4 people who are in a position to testify in a court of law providing any useful information that can be taken as evidence of an adulterous relationship.  It's the same as testifying in court for a violation in modern times, except that in permissive/secular countries adultery is not considered a violation.  But even in these permissive societies adultery/fornication is a private matter and no one would take any chances of having 4 eye witnesses to it.

[Zainab_M]

Salaam, salaam, sister Heba and br. RM

Very nice and refreshing read.  It brings to light several points many of our imams have never thought of nor spoken about.  That quote from Dr. Hassan al-Tourabi is good.  You're right.  He's one of the very few for whom the term "scholar" is apt. 

Thanks a billion dear sis.

[Heba E. Husseyn]

You're welcomed sister Zaynab.  Yes, I too admire Dr. Torabi's wisdom.  That quote is an excerpt from a recent interview of his.

[Zainab_M]

Do you have the full interview?

[Heba E. Husseyn]

Yeah sis, I have it.  I'll it put it up here very soon, InshAllah.  It appeared in Ashraq Alawsat. Our readers will benefit greatly. 

[Zainab_M]

That's what I wanted to request you for   Please do put it up.  I haven't read it either.  It will help all of us, Allah willing.

[N. Truth Seeker]

True, these are right on points which our "scholars" never mention because of their dislike to reflect for themselves and their fixation on being spoon fed with Hadith for "explanations."

I had never heard nor read any of them stating that this law specifically pertains to writing debt contracts.  Subsequently, it hadn't struck me either.  But now when I think of it, it's absolutely true. 

Also if one thinks back, in the 7th century no society in the world nurtured the concept of female witnesses.  Not even a dozen female witnesses would carry any weight as such a task was traditionally reserved for men.  Places like Britain, Europe, India, China and Japan were particularly very male dominated communities.  Arabia and Africa were no different.  At a time like that the Quranic injunction of telling women to step forward as witnesses was indeed a revolutionary one. 

In the U.S. and all other parts of the world today called "developed" women didn't even have the right to vote uptil as recently as 1920.  In South Africa colored women got the right to vote as recently as 1984 and black women in 1994.  Yet the world seldom talks about it. 

[Zainab_M]

You're 101% correct brother ts.

[Heba E. Husseyn]

And in India females aren't even allowed to stay in the wombs of their mothers uptil the 21st century  

[Zainab_M]

Exactly!   India's selective abortion rates are staggering .. yet according to the West this country is supposed to be a "developed" one.   Abortion of female fetuses is like a cup of tea while abortion of male fetuses is uncommon.  Less than a year ago I read in Globe & Mail that female fetuses were being aborted at higher rates in India than ever before and yet the Indian government had shown no commitment to end this disgraceful discrimination against unborn female babies.

[Heba E. Husseyn]

Very true.  This madness has been going on there since centuries.  Prior to the technology of ultra-sound detecting the gender of the unborn child, female babies would be killed at birth.  Now they're killed before birth. 

[Zainab_M]

hummm .. what a dreadful misuse of technology!