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Mazhara

PAKISTAN
Topic initiated on Monday, November 26, 2007  -  2:26 PM Reply with quote
A female witness ½ of a man? Erroneous perception!


A female witness is ½ of a man? An erroneous perception!!

It is meaningless to suggest that a woman is half a man. The matter relates to a particular business transaction and refers to a particular situation where two men are not available for witnessing the deal. Ordinarily women do not like visiting public and private places alone as they feel shy and embarrassed being alone female amongst few men. Two sisters were present and they explained freely to Musa السلام عليه but when one came to invite him to home she came feeling shy and reluctant, as explained in Alqasas 28:23-25. In the particular situation a woman not related to men who are party in the deal would not be interested to become a witness at a business place in the presence of four men (two dealing men, one Katib, writer of agreement, fourth witness). But it has been made obligatory to become witness. Therefore it would have been against the human rights of a woman to compel her become a witness in a deal she is not interested/concerned in as it is against her Psyche. Therefore, two women are prescribed as witness. In the Court witness is only one. The other is to facilitate/suggest her companion if she forgets/neglects something. It is the will and discretion of the other to accept or reject. The court cannot interfere otherwise the witness of both will become meaningless and void.
I invite read a Book entitled Paiker Iffat o Haya, in Urdu which has discussed this matter in detail quoting from the entire Quran e Majeed.
http://haqeeqat.org.pk/paker/13/slides/1.html

Paiker-e-Iffat o Haya-Woman Custodian of the Trust
Phyliciah

USA
Posted - Friday, December 21, 2007  -  5:11 AM Reply with quote
It is my understanding that due to the inherent compassion in the nature of a woman that she is not as indifferent as her male counterpart. When justice needs to be served, there must not be undue sympathies, thereby having 2 separate opinions may arrive at a conclusion that is more objective than subjective. Allah knows best.
Mazhara

PAKISTAN
Posted - Sunday, December 23, 2007  -  1:25 PM Reply with quote
Assalamo Alaikum,

In order to address the question whether or not woman have “defective intellect” which causes forgetfulness, I have quoted the Ayat of Surat Taha which attribute the act of first ever forgetfulness only to Sydena Adam {alahissalam} and not to his wife, i.e a woman.
The second argument from the Quran is that how could it be presumed or opined that women have lesser intellect than the man when both are the procreation of same pair of First Man and First Woman.
And to address the wrong perception of “lesser or defective intellect” of women, attention is invited to the fact that no distinction has been made between a man and woman regarding the criteria for going back to Al jannat.
Then the question has been addressed by inviting attention to the very purpose of creation of every thing, which has been disclosed like this:

{Allah created seven skies and earth} "for exposing/testing you; who amongst you people acts moderately/nicely/balanced" {Refer 11:07}

"We have made whatever is on earth as attraction in her so that We may expose/test them as to who amongst them performs moderate/balanced/nice acts" {Ref 18:07}

"Allah is The One Who created matter and life, for exposing/testing you people, as to who amongst you performs moderate/balanced/nice acts" {Refer 67:02}
There is nothing other than that what has been mentioned in these verses which human beings could perceive. All creation is for one purpose; who amongst us acts “Ahsan Amalan”.
And it has been explained as to what is an act and how it is performed? The Arabic word “Amalan”denotes only those acts which are performed by design and will. It can be performed only when data about it is saved in the memory. Retrieving that data and translating it into action is called "عمل". And the data in memory is called "علم" in Arabic. Both these words have similar particles ع , ل , م. The عمل could be termed as transposition of علم. When “Ahsan Amalan” is directly dependant upon “Aql” how could it be presumed that women are equipped with “defective intellect”?
And lastly attention is invited to the words of Allah where He said that human beings, both man and woman constitute humanity, is created in exacting balance, in best of the mould.
imran776

UNITED KINGDOM
Posted - Saturday, December 29, 2007  -  2:12 PM Reply with quote
Assalamo Alaikum,

I do agree to your point of view and would like to add couple more points here:

a) First its clear from the the context and the addresses of the aayas that God is giving guidance to the Muslims to secure their financial matters and avoid any dispute. Its not addressing the state, to make it as a law. If this would have been the case then any dispute of financial agreements not having two witnesses should be disqualified.
b) Secondly this is a matter of selection of witnesses for an agreement where everything has been settled and is now being written for future refernece to not only avoid any conflict in futur but also securing the party whose money is invvolved in the matter.
But for crimes noone can have control over the selection of witnesses. Rather its a bad luck for the accused if you can find any witness for his wrong doing. So this verse (specially the part addressing the selection of witness) can never be applied in criminal courts. Its againt common sense at least my.

May Allah give us guidance to the true path and the courgae to accept it.

W/salaam
Imran
Mazhara

PAKISTAN
Posted - Saturday, December 29, 2007  -  3:05 PM Reply with quote
quote:

Text
b) Secondly this is a matter of selection of witnesses for an agreement where everything has been settled and is now being written for future refernece to not only avoid any conflict in futur but also securing the party whose money is invvolved in the matter.
But for crimes noone can have control over the selection of witnesses.

Dear Imran,

Assalamo Alaikum,

Simply remarkable point. And the words of the verse are "mutually agreed/selected"
وَٱمۡرَأَتَانِ مِمَّن تَرۡضَوۡنَ مِنَ ٱلشُّہَدَآءِ
oosnam

INDIA
Posted - Tuesday, March 11, 2008  -  1:33 PM Reply with quote
To every one,

Al- Quran Sura, No. 2 (Al-Baqra) Verse, No 282

O you who believe! when you deal with each other in contracting a debt for a fixed time, then write it down; and let a scribe write it down between you with fairness; and the scribe should not refuse to write as Allah has taught him, so he should write; and let him who owes the debt dictate, and he should be careful of (his duty to) Allah, his Lord, and not diminish anything from it; but if he who owes the debt is unsound in understanding, or weak, or (if) he is not able to dictate himself, let his guardian dictate with fairness; and call in to witness from among your men two witnesses; but if there are not two men, then one man and two women from among those whom you choose to be witnesses, so that if one of the two errs, the second of the two may remind her; and the witnesses should not refuse when they are summoned; and be not averse to writing it (whether it is) small or large, with the time of its falling due; this is more equitable in the sight of Allah and assures greater accuracy in testimony, and the nearest (way) that you may not entertain doubts (afterwards), except when it is ready merchandise which you give and take among yourselves from hand to hand, then there is no blame on you in not writing it down; and have witnesses when you barter with one another, and let no harm be done to the scribe or to the witness; and if you do (it) then surely it will be a transgression in you, and be careful of (your duty) to Allah, Allah teaches you, and Allah knows all things.

Sahih Bukhari: Volume 001, Book 006, Hadith Number 301.
-----------------------------------------
Narated By Abu Said Al-Khudri : Once Allah's Apostle went out to the Musalla (to offer the prayer) o 'Id-al-Adha or Al-Fitr prayer. Then he passed by the women and said, "O women! Give alms, as I have seen that the majority of the dwellers of Hell-fire were you (women)." They asked, "Why is it so, O Allah's Apostle?" He replied, "You curse frequently and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. A cautious sensible man could be led astray by some of you." The women asked, "O Allah's Apostle! What is deficient in our intelligence and religion?" He said,"Is not the evidence of two women equal to the witness of one man?" They replied in the affirmative. He said, "This is the deficiency in her intelligence. Isn't it true that a woman can neither pray nor fast during her menses?" The women replied in the affirmative. He said, "This is the deficiency in her religion."

Sahih Bukhari: Volume 002, Book 024, Hadith Number 541
-----------------------------------------
Narated By Abu Said Al-Khudri : On 'Id-ul-Fitr or 'Id ul Adha Allah's Apostle (p.b.u.h) went out to the Musalla. After finishing the prayer, he delivered the sermon and ordered the people to give alms. He said, "O people! Give alms." Then he went towards the women and said. "O women! Give alms, for I have seen that the majority of the dwellers of Hell-Fire were you (women)." The women asked, "O Allah's Apostle! What is the reason for it?" He replied, "O women! You curse frequently, and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. O women, some of you can lead a cautious wise man astray." Then he left. And when he reached his house, Zainab, the wife of Ibn Masud, came and asked permission to enter It was said, "O Allah's Apostle! It is Zainab." He asked, 'Which Zainab?" The reply was that she was the wife of Ibn Mas'ub. He said, "Yes, allow her to enter." And she was admitted. Then she said, "O Prophet of Allah! Today you ordered people to give alms and I had an ornament and intended to give it as alms, but Ibn Masud said that he and his children deserved it more than anybody else." The Prophet replied, "Ibn Masud had spoken the truth. Your husband and your children had more right to it than anybody else."

Shahi Muslim: Book 030, Chapter, 19 Hadith Number 5751.
-----------------------------------------
Anas reported that a woman had a partial derangement in her mind,……..
oosnam

INDIA
Posted - Tuesday, March 11, 2008  -  1:33 PM Reply with quote
To every one,

Al- Quran Sura, No. 2 (Al-Baqra) Verse, No 282

O you who believe! when you deal with each other in contracting a debt for a fixed time, then write it down; and let a scribe write it down between you with fairness; and the scribe should not refuse to write as Allah has taught him, so he should write; and let him who owes the debt dictate, and he should be careful of (his duty to) Allah, his Lord, and not diminish anything from it; but if he who owes the debt is unsound in understanding, or weak, or (if) he is not able to dictate himself, let his guardian dictate with fairness; and call in to witness from among your men two witnesses; but if there are not two men, then one man and two women from among those whom you choose to be witnesses, so that if one of the two errs, the second of the two may remind her; and the witnesses should not refuse when they are summoned; and be not averse to writing it (whether it is) small or large, with the time of its falling due; this is more equitable in the sight of Allah and assures greater accuracy in testimony, and the nearest (way) that you may not entertain doubts (afterwards), except when it is ready merchandise which you give and take among yourselves from hand to hand, then there is no blame on you in not writing it down; and have witnesses when you barter with one another, and let no harm be done to the scribe or to the witness; and if you do (it) then surely it will be a transgression in you, and be careful of (your duty) to Allah, Allah teaches you, and Allah knows all things.

Sahih Bukhari: Volume 001, Book 006, Hadith Number 301.
-----------------------------------------
Narated By Abu Said Al-Khudri : Once Allah's Apostle went out to the Musalla (to offer the prayer) o 'Id-al-Adha or Al-Fitr prayer. Then he passed by the women and said, "O women! Give alms, as I have seen that the majority of the dwellers of Hell-fire were you (women)." They asked, "Why is it so, O Allah's Apostle?" He replied, "You curse frequently and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. A cautious sensible man could be led astray by some of you." The women asked, "O Allah's Apostle! What is deficient in our intelligence and religion?" He said,"Is not the evidence of two women equal to the witness of one man?" They replied in the affirmative. He said, "This is the deficiency in her intelligence. Isn't it true that a woman can neither pray nor fast during her menses?" The women replied in the affirmative. He said, "This is the deficiency in her religion."

Sahih Bukhari: Volume 002, Book 024, Hadith Number 541
-----------------------------------------
Narated By Abu Said Al-Khudri : On 'Id-ul-Fitr or 'Id ul Adha Allah's Apostle (p.b.u.h) went out to the Musalla. After finishing the prayer, he delivered the sermon and ordered the people to give alms. He said, "O people! Give alms." Then he went towards the women and said. "O women! Give alms, for I have seen that the majority of the dwellers of Hell-Fire were you (women)." The women asked, "O Allah's Apostle! What is the reason for it?" He replied, "O women! You curse frequently, and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. O women, some of you can lead a cautious wise man astray." Then he left. And when he reached his house, Zainab, the wife of Ibn Masud, came and asked permission to enter It was said, "O Allah's Apostle! It is Zainab." He asked, 'Which Zainab?" The reply was that she was the wife of Ibn Mas'ub. He said, "Yes, allow her to enter." And she was admitted. Then she said, "O Prophet of Allah! Today you ordered people to give alms and I had an ornament and intended to give it as alms, but Ibn Masud said that he and his children deserved it more than anybody else." The Prophet replied, "Ibn Masud had spoken the truth. Your husband and your children had more right to it than anybody else."

Shahi Muslim: Book 030, Chapter, 19 Hadith Number 5751.
-----------------------------------------
Anas reported that a woman had a partial derangement in her mind,……..
oosnam

INDIA
Posted - Tuesday, March 11, 2008  -  1:33 PM Reply with quote
To every one,

Al- Quran Sura, No. 2 (Al-Baqra) Verse, No 282

O you who believe! when you deal with each other in contracting a debt for a fixed time, then write it down; and let a scribe write it down between you with fairness; and the scribe should not refuse to write as Allah has taught him, so he should write; and let him who owes the debt dictate, and he should be careful of (his duty to) Allah, his Lord, and not diminish anything from it; but if he who owes the debt is unsound in understanding, or weak, or (if) he is not able to dictate himself, let his guardian dictate with fairness; and call in to witness from among your men two witnesses; but if there are not two men, then one man and two women from among those whom you choose to be witnesses, so that if one of the two errs, the second of the two may remind her; and the witnesses should not refuse when they are summoned; and be not averse to writing it (whether it is) small or large, with the time of its falling due; this is more equitable in the sight of Allah and assures greater accuracy in testimony, and the nearest (way) that you may not entertain doubts (afterwards), except when it is ready merchandise which you give and take among yourselves from hand to hand, then there is no blame on you in not writing it down; and have witnesses when you barter with one another, and let no harm be done to the scribe or to the witness; and if you do (it) then surely it will be a transgression in you, and be careful of (your duty) to Allah, Allah teaches you, and Allah knows all things.

Sahih Bukhari: Volume 001, Book 006, Hadith Number 301.
-----------------------------------------
Narated By Abu Said Al-Khudri : Once Allah's Apostle went out to the Musalla (to offer the prayer) o 'Id-al-Adha or Al-Fitr prayer. Then he passed by the women and said, "O women! Give alms, as I have seen that the majority of the dwellers of Hell-fire were you (women)." They asked, "Why is it so, O Allah's Apostle?" He replied, "You curse frequently and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. A cautious sensible man could be led astray by some of you." The women asked, "O Allah's Apostle! What is deficient in our intelligence and religion?" He said,"Is not the evidence of two women equal to the witness of one man?" They replied in the affirmative. He said, "This is the deficiency in her intelligence. Isn't it true that a woman can neither pray nor fast during her menses?" The women replied in the affirmative. He said, "This is the deficiency in her religion."

Sahih Bukhari: Volume 002, Book 024, Hadith Number 541
-----------------------------------------
Narated By Abu Said Al-Khudri : On 'Id-ul-Fitr or 'Id ul Adha Allah's Apostle (p.b.u.h) went out to the Musalla. After finishing the prayer, he delivered the sermon and ordered the people to give alms. He said, "O people! Give alms." Then he went towards the women and said. "O women! Give alms, for I have seen that the majority of the dwellers of Hell-Fire were you (women)." The women asked, "O Allah's Apostle! What is the reason for it?" He replied, "O women! You curse frequently, and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. O women, some of you can lead a cautious wise man astray." Then he left. And when he reached his house, Zainab, the wife of Ibn Masud, came and asked permission to enter It was said, "O Allah's Apostle! It is Zainab." He asked, 'Which Zainab?" The reply was that she was the wife of Ibn Mas'ub. He said, "Yes, allow her to enter." And she was admitted. Then she said, "O Prophet of Allah! Today you ordered people to give alms and I had an ornament and intended to give it as alms, but Ibn Masud said that he and his children deserved it more than anybody else." The Prophet replied, "Ibn Masud had spoken the truth. Your husband and your children had more right to it than anybody else."

Shahi Muslim: Book 030, Chapter, 19 Hadith Number 5751.
-----------------------------------------
Anas reported that a woman had a partial derangement in her mind,……..
hkhan

UNITED KINGDOM
Posted - Friday, March 14, 2008  -  11:09 PM Reply with quote
in order to check out the correct concept of all such misinterpreted traditions about women's status in islam ps

http://www.monthly-renaissance.com/issue/content.aspx?id=154
oosnam

INDIA
Posted - Saturday, March 15, 2008  -  2:50 AM Reply with quote
Only Quran and Hadith are supper rather than man's OWN concept. The Qura'nic and Hadithic verses are very clear.
oosnam

INDIA
Posted - Saturday, March 15, 2008  -  2:50 AM Reply with quote
Only Quran and Hadith are supper rather than man's OWN concept. The Qura'nic and Hadithic verses are very clear.
hkhan

UNITED KINGDOM
Posted - Monday, March 24, 2008  -  9:29 AM Reply with quote
thats what our studies are based on-no worries i.e. the teachings of God and the Messenger; vide infra

Sources of Islam
Reflections
Javed Ahmad Ghamidi
(Tr. by:Shehzad Saleem)


Islam is the guidance which was first inspired by the Almighty in human nature and after that it was given by Him with all details to mankind through His prophets. Muhammad (sws) is the last of these prophets. Consequently, it is now he alone who in this world is the sole source of this religion. It is only through him that man can receive divine guidance and it is only he who, through his words, deeds or tacit approvals, has the authority to regard something as part of Islam until the Day of Judgement. The Qur’an says:

هُوَ الَّذِي بَعَثَ فِي الْأُمِّيِّينَ رَسُولًا مِّنْهُمْ يَتْلُو عَلَيْهِمْ آيَاتِهِ وَيُزَكِّيهِمْ وَيُعَلِّمُهُمُ الْكِتَابَ وَالْحِكْمَةَ (٢:٦٢)

It is He who has sent among the unlettered a Messenger from amongst themselves who rehearses upon them His verses and purifies them and for this he instructs them in shari‘ah and in hikmah. (62:2)

It is this shari‘ah (law) and this hikmah (wisdom) which is termed as “Islam”. The source of this religion is the Prophet Muhammad (sws) from whom it has been given to the ummah through the consensus of his Companions (rta) and through their perpetual practice and perpetual recitation in two forms:

1. The Qur’an

2. The Sunnah

for full article ps

http://www.monthly-renaissance.com/issue/content.aspx?id=76




Edited by: hkhan on Monday, March 24, 2008 9:55 AM
oosnam

INDIA
Posted - Monday, March 24, 2008  -  1:01 PM Reply with quote
quote:

Only Quran and Hadith are supper rather than your OWN concept. The Qura'nic and Hadithic verses are very clear.

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