raushan
UNITED ARAB EMIRATES
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 Topic initiated on Sunday, December 3, 2006 - 2:30 PM 
Two Witnesses
The witness of two women is not always considered equivalent to one man’s witness.
Narration of Hadith is one of the most crucial and important areas of Deen. Upon the reliability of narration depends the right and wrong, Halal and Haram and other most important decisions of our Fiqh. In this department, the witness of men and women are alike. A very large number of Hadiths have reached us on the authority of Hazrat Ayesha and other women. It was never asked of Hazrat Ayesha or other ladies to bring in support of their statements another woman. A single woman’s witness is not considered sufficient only in those matters where she is susceptible to unjust pressures because of being physically weaker and dependant over others in many ways. The Qur’an has asked for the witness of two women in lieu of one man, only in one circumstance, the writing down of deeds of debt or commercial contracts involving debts. Monetary gain or loss is one area where people slip most in the matters of Deen. Of the five pillars of Islam, the most evaded and tampered with is Zakat.
People abide by their words till it comes to the financial gain or loss. Here they tend to falter most. The lure of monetary profit is the biggest corrupter of mankind. The sighting of moon for the advent of Ramadan or celebration of Eid may be accepted upon the statement of one reliable witness but when it comes to standing witness for agreement deeds of financial transactions involving debts, a single male witness is not considered sufficient. At least two male witnesses or one male and two female witnesses are required. The relevant verse of Qur’an is the following; “O you who believe! When you contract a debt for a fixed period, write it down. Let a scribe write it down in justice between you. Let not the scribe refuse to write as Allah has taught him, so let him write. Let him (the debtor) who incurs the liability dictate, and he must fear Allah, his Lord, and diminish not anything of what he owes. But if the debtor is of poor understanding, or weak, or is unable to dictate for himself, then let his guardian dictate in justice. 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 (the two women) errs, the other can remind her.. save when it is a present trade which you carry out on the spot among yourselves, then there is no sin on you if you do not write it down. But take witness whenever you make a commercial contract...” (2:282)
Applying the above principle, the Fiq’h scholars have in some other select cases where the woman is susceptible to outside pressure, decided that two female witnesses are required in place of one male witness.
Please note that if it were a general rule to equate two women witnesses for one man, four females would have been required in lieu of two males. But it is not so. Allah has prescribed that at least one male witness is necessary (in such particular contracts). It is not discrimination against women, but knowing the susceptibilities of women in a particular circumstance, He has ordained what is best for us. A reason is also mentioned in the above verse for the need of two women witnesses. One may err (due to unjust pressures) but if there are two of them the other may reassure her and save her from erring.
In a different case in Qur’an, when witnesses are required against an adulteress, no distinction is made between the male and female witnesses. Four witnesses are needed, be they men or women (Qur’an 4:15) |
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