AN eminent lady Linda Barto of North Carolina, America has commented on Surah 2: 282 and nicely explained “why two Women to Replace one Man” in fiscal matters. She is a convert to Islam from Christianity and is a modern rationalist. Besides writing on literary topics, she mostly writes on Islam in the light of modern needs. It is my proud privilege that she had written the Foreword of my book titled “The Rational Study of Islam, which was published in 2007. On her Facebook page, she has raised the question about the witness of two women prescribed in the Holy Quran and invited the opinion of scholars on this subject.
In my book mentioned earlier, there is a chapter titled “The Women in Islam” that explicitly deals with this topic. On her query, I would briefly try to shed light on this topic. The Quranic verse says:” Get two witnesses from among the men. If two men are not available, then get one man and select two women for a witness. If one of them errs, the other can remind her.” The verse is about the witness of two women replacing one man, when the witnessing is in the fiscal contracts in the court.
Very briefly, I would like to comment on it. At the time of the Last Prophet (PBuH), in the traditional Arab society, most of the women were absolutely illiterate and had no knowledge or understanding of business dealings. To facilitate the witnessing woman, the other woman was placed to help her, if she forgets or gets puzzled. It is not the disgrace of women, it is rather to assist women.
Besides, even today, in most of the countries, the women are not educated. According to psychologists, there is difference in the psyche of men and women. Women are mostly shy and feel embarrassed in the company of men. Hence, the Almighty gave them facility and this is the mercy of the Creator on them. Besides, in my opinion, the Almighty has not put any binding on the witness of one woman, if she is well educated and bold to appear before the judge and says that she doesn’t need any buddy to assist her. Better, it is that the facility provided to women by Allah should be availed as Allah is the creator and knows better about the psychological condition of men and women.
Some anti-Islam people have made it an issue and use this verse as a disgrace of women. There is nothing disgraceful in it. It is not tantamount to gender discrimination. It is to protect and assist women in business contracts. Moreover, this verse is self- explanatory. It contains two important points. First; if two men for witness are not available, then find two women. The important point is: “if one of them errs, the other can remind her.” It means that it is just to assist the witnessing lady. It is to facilitate her. How facilitation can become disgrace or gender discrimination or male chauvinism?
Some people say that in Islam, women are not given respect or honourable status. This accusation is absolutely false. Before the advent of Islam, the women were maltreated and had no rights and respect. They were like cattle and chattel. Islam gave them their right place in society. Islam announced equal rights and privileges for women. In the last sermon delivered on the Mount of Arafat, the Holy Prophet (PBUH) made a special mention of the rights of women and ordained the Muslims to treat them gently and kindly. In the Surah
“The Women”, Surah “The Divorce”, and in Surah “The Light”, the instructions and ordinations about women are mentioned. In Surah “The Women”, the Quran says:” O; You who believe! You are forbidden to inherit women against their will. Nor should you treat them with harshness.” The Quran strictly prohibits mistreatment and malpractice in the case of women. In Surah “The Women”, the Quran says:” If you wish to have a wife in the place of a (divorced) one, do not take from her the dowry you have given her even if it be a talent of gold. That would be improper and grossly unjust; for how can you take it back when you have lain with each other and entered into a firm contract?
There is a law of inheritance in the Quran that gives women portion in the matters of inheritance. Before Islam, there was no concept of women inheritance. About the women the Holy Prophet said:” The best of you is the best in the treatment of his wife.” He further sermonized by saying:” women are the trust of God in your hands.” It goes without saying that in Islam, the woman has been given respect, status, protection and free choice of marriage, job, right of property and education.
—The writer is a contributing columnist, based in New York.
