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The topic of my research paper is: “How is religion manipulated to favor Muslim men in Afghanistan?”
Write a summary about the chapter, double spaced, 12 font, times new roman, 2-4 pages
SUMMARY OF THE SOURCE:
Write a fairly extensive summary of the article. Identify its main claim or main point. Identify
also its supporting points. Carefully document the evidence that your author uses to support his
or her claim. Remember to use quotation marks and cite page numbers when you use language
that is not your own. Remember too that a summary does not include your ideas or evaluations. There is some useful discussion of summary in your Hacker handbook on p. 72 (sec.A1-c) but it does talk about summary as a slightly more abbreviated notion than what we will be using. Note: The summary should be organized by claim and support. If you find yourself using terms like, “and then,” “next the author says,” or “after that” you are probably approaching the the chronologically rather than based on its argument. Nearly anyone can repeat verbatim what an article says. I’m asking you to repackage your texts so that you can look at the heart of their arguments.
RESPONSE TO KEY QUOTATIONS:
This section is optional but may be useful. If you run across any key phrases that you do not feel
you can do justice with your own words, copy them exactly, put quotation marks around them,
and cite them using the system of documentation you have chosen. Briefly describe the relevance
of the quotation and why you chose it.Copyright 2004. SUNY Press.
All rights reserved. May not be reproduced in any form without permission from the publisher, except fair uses permitted under U.S. or applicable copyright law.
10
Rules Regarding Women as
Witnesses in Islamic Law
Despite being fair to women witnesses, Islamic law is unjustly criticized
by Western scholars for alleged discrimination of women as witnesses and
they criticize Islamic law for giving less value to a woman’s evidence.
Unfortunately, conservative Muslim jurists help critics of Islamic law by
asserting that indeed it demands two women witnesses in lieu of one male
witness. A thorough and critical analysis of the Quranic provisions will
clearly show this is not the case. The following are Quranic verses regarding evidence and witnesses relevant to this topic:
• “O you who believe! When you 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 God has taught him,
so let him write. Let him who incurs the liability dictate, but let
him fear his Lord God, and not diminish aught of what he owes.
If the 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 you 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 God, more suitable as
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THE POSITION OF WOMEN IN ISLAM
evidence, and more convenient to prevent doubts among yourselves. But if it be a transaction which you carry out on the spot
among yourselves there is no blame on you if you reduce it not to
writing. But take witnesses whenever you make a commercial contract; and let neither scribe nor witness suffer harm. If you do
(such harm), it would be wickedness in you. So fear God; for it is
God that teaches you. and God is well acquainted with all things.
If you are on a journey, and cannot find a scribe, a pledge with
possession (may serve the purpose). And if one of you deposits a
thing on trust with another, let the trustee (faithfully) discharge his
trust, and let him fear his Lord. Conceal not evidence; for whoever
conceals it—his heart is tainted with sin. And God knows all that
you do.” (2:282–283)
• “O you who believe! When death approaches any of you, (take)
witnesses among yourselves when making bequests—two just men
of your own (brotherhood)—or others from outside if you are journeying through the earth, and the chance of death befalls you
(thus). If you doubt (their truth), detain them both after prayer,
and let them both swear by God: ‘We wish not in this for any
worldly gain, even though the (beneficiary) be our near relation:
we shall hide not the evidence before God: if we do, then behold!
The sin be upon us!’” (5:109—Yusuf Ali’s translation)
“O you who believe, call to witness between you, when death
draws nigh to one of you, at the time of making the will, two just
persons from among you, or two others from among others than you,
if you are traveling in the land and the calamity of death befalls
you. You should detain them after prayer. Then if you doubt (them),
they shall both swear by Allah (saying): we will not take for it a
price, though there be a relative nor will we hide the testimony of
Allah, for then certainly we shall be sinners.” (5:106—Muhammad
Ali’s translation)
• “But if it gets known that these two were guilty of the sin (of
perjury), let two others stand forth in their places – nearest in kin
from among those who claim a lawful right. Let them swear by
God: ‘We affirm that our witness is truer than that of those two,
and that we have not trespassed (beyond the truth): if we did,
behold, the wrong be upon us!
That is most suitable: that they may give the evidence in its true
nature and shape, or else they would fear that other oaths would
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RULES REGARDING WOMEN AS WITNESSES IN ISLAMIC LAW
99
be taken after their oaths. But fear God, and listen (to his counsel);
for God guides not a rebellious people.” (5:110–111)
• “If any of your women are guilty of lewdness, take the evidence of
four (reliable) witnesses from amongst you against them; and if
they testify, confine them to houses until death do claim them, or
God ordain for them some (other) way.” (4:15)
• “And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations)—flog them
with eighty stripes; and reject their evidence ever after: for such
men are wicked transgressors.” (24:4)
• “And for those who launch a charge against their spouses, and have
(in support) no evidence but their own—their solitary evidence
(can be received) if they bear witness four times (with an oath) by
God that they are solemnly telling the truth.
And the fifth (oath) should be that they solemnly invoke the
curse of God on themselves if they tell a lie.
But it would avert the punishment from the wife, if she bears
witness four times (with an oath) by God, that (her husband) is
telling a lie.
And the fifth (oath) should be that she solemnly invokes the wrath
of God on herself if (her accuser) is telling the truth.” (24:6–9)
• “Why did not the believers—men and women—when they heard
of the affair—put the best construction on it in their own minds
and say, ‘This (charge) is an obvious lie?’
Why did they not bring four witnesses to prove it? When they
have not brought the witnesses, such men in the sight of God
(stand forth) themselves as liars.”(24:12–13)
• “Thus when they fulfil their term appointed, either take them back
on equitable terms or part with them on equitable terms; and take
for witnesses two persons from among you, endued with justice,
and establish the evidence (as) before God. Such is the admonition
given to him who believes in God and the Last Day. And for those
who fear God, He (ever) prepares a way out.” (65:2)
Let us look at these verses in detail. Verse 2:282 of the Quran relates to
transactions or contracts for future obligations and only this verse refers to
two women witnesses being necessary, if instead of two male witnesses only
one male is available for being witness. Verse 2:283 refers to transactions on
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THE POSITION OF WOMEN IN ISLAM
a journey when no scribe is available to write it down and ask witnesses
not to conceal evidence. Verse 5:109 (5:106 in Muhammad Ali’s translation) relates to witnesses for making bequests. A particular section of this
verse (italicized in the text of the verse above) needs a careful analysis as
it has been translated in different ways. Abdullah Yusuf Ali (1946) wrongly
translates the expression asnanayzawadlay as ‘two just men’ although
asnanay means ‘two persons.’ Muhammad Ali (1951) correctly translates
the expression as ‘two just persons.’ The expression minkum does not
mean ‘of your own (brotherhood)’ as Yusuf Ali translates. In fact, by
putting the word brotherhood in parenthesis, Yusuf Ali indirectly admits
the Quran does not mention brotherhood in this verse. Muhammad Ali
correctly translates minkum as ‘from among you.’ Therefore, in reality,
there is no mention about the sex of the witness in this verse. Verses 5:110
and 5:111 relate to witnesses for a bequest in cases where the two original
witnesses are known to be guilty of the sin of perjury. The verse recommends the acceptance of two other witnesses in their place and no mention is made here about the sex of the witnesses. Verse 4:15 relates to
witnesses against women charged of lewdness and asks for taking the
evidence of four reliable witnesses ‘from among you.’ The sex of the
witnesses is not mentioned here. Verse 24:4 relates to punishment of the
accusers of chaste women who fail to produce four witnesses (to support
their allegations). Again no sex of witnesses is mentioned. Verses 24:6–9
deal with allegations against a wife by her husband unsupported by any
witnesses except the husband. The husband is asked in such cases to state
four times on oath to God he is telling the truth invoking the curse of
God if he is not telling the truth. Similarly, a wife can avert punishment
for the alleged sin if she states four times on oath to God she is telling
the truth invoking the curse of God if her husband is telling the truth.
Verses 24:12–13 ask believers to consider the charge as a lie and the
accusing husband as a liar in the sight of God if he fails to bring four
independent witnesses. Again, the sex of the witnesses is not mentioned.
Verse 65:2 relates to the necessity of two witnesses at the time of the
husband taking back his wife or parting with her at the end of the iddat
period. Again, the sex of the two witnesses is not mentioned.
It appears the only verse that supports the allegation of the inferior
status of women as witnesses is 2:282. But closer scrutiny of 2:282 will
clarify its real position. First, the application of 2:282 is confined only to
financial contracts as there is no mention of any other kind of contract in
2:282. Second, the reason for substituting two women for one male witness was necessary because women were less familiar with financial mat-
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RULES REGARDING WOMEN AS WITNESSES IN ISLAMIC LAW
101
ters at the time of the revelation of 2:282 in seventh century A.D. Arabia.
On the question of women’s inferior status as witnesses mentioned in
2:282, various commentators of 2:282 attempt to explain the disparity of
treatment by the Quran giving an inferior position to women witnesses
in financial contracts. Muhammad Asad (1980) justifies this disparity by
commenting that, according to him, women witnesses are less familiar
with business procedures than men and therefore are more liable to make
mistakes in these matters. Muhammad Abduh states a similar view. With
respect, I submit this justification of the disparity in 2:282 is hardly tenable in modern times. Fazlur Rahman (1980) gives a less objectionable
justification of this disparity in 2:282. According to Rahman, the inferior
position of women witnesses is because women had weaker powers of
memory than men in financial matters. Rahman further states that when
women become conversant in financial matters their evidence can equal
that of men. It appears that if Fazlur Rahman’s recommendation for more
conversant women is accepted the disparity of 2:282 vanishes in modern
society. However, the most acceptable explanation of the disparity against
women is forwarded by Asghar Ali Engineer (1992) who believes the
provision of 2:282 is only recommendary and not obligatory. Quoting
another section of 2:282, which says, “Let a scribe record it in writing
between you in equity.” Engineer justifies the recommendation of the
Quran by commenting that to be fair to both creditors and the debtors,
the Quran recommends the contract be written properly and supported
only by qualified witnesses. While discussing fairness (or otherwise) to
women in the recommendation of 2:282, one must remember that only
one woman witness among the two women is required to give evidence
although two women witnesses substitute for one male witness. The provision of 2:282 is “if one of them errs, the other can remind her.”
Regarding the evidence of women witnesses generally, a disciple of
Ibn Taymiyah, Ibn Qayyim (n.d.) observes neither the Quran nor the
Hadith made this rule. Qayyim also states that this provision does not
mean that if there are less than two female witnesses, no judgment can
be based on the evidence of one women witness. In a case of hadd (punishment prescribed by the Quran), Bukhari (1973) states the Prophet
(pbuh) passed sentence on the basis of a woman’s evidence. Similarly, on
the question of qisas most of the companions of the Prophet (pbuh)
demanded qisas on the murderers of Caliph Usman on the solitary evidence of Naila, Usman’s wife. Jassas (1347 AH) mentions Imam Zahri’s
opinion that a woman’s evidence is acceptable in all matters where there
is no other evidence. Imam Taymiyyah agrees with the view of Imam
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102
THE POSITION OF WOMEN IN ISLAM
Zahri and reasons that if an offence is committed in a bathing place
where only women are present, and this offence is punishable by hadd,
then the case will be decided on the woman’s evidence alone (Engineer
1992). This is also the opinion of Imam Ahmad Ibn Hanbal. Imam Shafii
(n.d.) goes to another extreme and states that in matters connected with
woman (e.g. childbirth), only women’s evidence is acceptable and no man
is required to give evidence with them. Imam Zahri agrees with this view.
In recent times, the courts on the Indian subcontinent have strengthened the position of women witnesses. In the case of Fida Hussain versus
Naseem Akhtar in the Lahore High Court in Pakistan, Justice Aftab
Hussain had to deal with the question of the competence of a woman
witness without a male witness. Justice Hussain held that Islam does not
fix any particular number of witnesses to prove a case as the Prophet
(pbuh) had decided on the evidence of either of the following categories
of witnesses:
1. (on) the evidence of a woman plaintiff
2. (on) the evidence of a female witness
3. (on) the evidence produced by both parties
4. (on) the evidence of witness and oath (Yamin) of the plaintiff
5. (on) the oath of the defendant and the evidence of two or more
witnesses
With his authority as a former chief justice of the Federal Shariat Court
of Pakistan, Justice Aftab Hussain (1987) concluded the admissibility and
competence of a woman witness (for or against her) has never been debarred by the Quran and the Hadith.
In view of the above discussion, it is my considered opinion, female
witnesses are in no way inferior to male witnesses according to Islamic
law. Even in matters of financial contracts, in the changed circumstances
of the modern world, female witnesses should be treated on an equal
footing with male witnesses as the recommendations made in 2:282 on
financial contracts is no longer obligatory on Muslims.
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