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Tariq
 
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Quote Tariq Replybullet Topic: 13th question about islam
    Posted: 12 May 2008 at 4:51am


13. EQUALITY OF WITNESSES
Question:

Why are two witnesses who are women, equivalent to only one witness
who is a man ?

Answer:

1. Two female witnesses not always considered equal to one male
witness
There are no less than three verses in the Qur’an which speak about witnesses
without specifying man or woman.

a) While making a will of inheritance, two just persons are required as
witnesses. In Surah Maidah chapter 5 verse 106, the Glorious Qur’an says:

“Oh you who believe! When death approaches any of you, (take)
witnesses among yourself when making bequests,– two just persons
of your own (brotherhood) or others from outside if you are journeying
through the earth and the chance of death befalls you.” [Al-Qur’an 5:106]

b) Two persons endued with justice in case of talaq.

“And take for witness two persons from among you, endued with
justice, and establish the evidence (as) before Allah”. [Al-Qur’an 65:2]

c) Four witnesses are required in case of charge against chaste women

“And those who launch a charge against chaste women, and produce
not four witnesses (to support their allegatios) flog them with eighty
stripes; and reject their evidence even after: for such men are wicked
transgressors”

[Al-Qur’an 24:4]

2. Two female witnesses is equal to male witness only in financial
transaction
It is not true that two female witnesses are always considered as equal to only
one male witness. It is true only in certain cases. There are about five verses
in the Qur’an that mention witnesses, without specifying male or female. There
is only one verse in the Qur’an, that says two female witnesses are equal to one
male witness. This verse is Surah Baqarah, chapter 2 verse 282. This is the
longest verse in the Qur’an and deals with financial transactions. It says:

“Oh! ye who believe! When ye deal with each other, in transactions
involving future obligation in a fixed period of time reduce them to
writing and get two witnesses out of your own men and if there are not
two men, then a man and two women, such as ye choose, for witnesses
so that if one of them errs the other can remind her.” [Al-Qur’an 2:282]

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This verse of the Qur’an deals only with financial transactions. In such cases,
it is advised to make an agreement in writing between the parties and take two
witnesses, preferably both of which should be men only. In case you cannot find
two men, then one man and two women would suffice.

For instance, suppose a person wants to undergo an operation for a particular
ailment. To confirm the treatment, he would prefer taking references from two
qualified surgeons. In case he is unable to find two surgeons, his second option
would be one surgeon and two general practitioners who are plain MBBS
doctors.

Similarly in financial transactions, two men are preferred. Islam expects men to
be the breadwin ners of their families. Since financial responsibility is
shouldered by men, they are expected to be well versed in financial transactions
as compared to women. As a second option, the witness can be one man and
two women, so that if one of the women errs the other can remind her. The
Arabic word used in the Qur’an is ‘Tazil’ which means ‘confused’ or ‘to err’.
Many have wrongly translated this word as ‘to forget’. Thus financial
transactions constitute the only case in which two female witnesses are equal
to one male witness.

3. Two female witnesses equal to one male witness even in the case
of murder
However, some scholars are of the opinion that the feminine attitude can also
have an effect on the witness in a murder case. In such circumstances a woman
is more terrified as compared to a man. Due to her emotional condition she can
get confused. Therefore, according to some jurists, even in cases of murder,
two female witnesses are equivalent to one male witness. In all other cases,
one female witness is equivalent to one male witness. In all other cases, one
female witness is equivalent to one male witness.

4. Qur’an clearly specifies that one female witness equal to one male
witness
There are some scholars who are of the opinion that the rule of two female
witnesses equal to one male witness should be applied to all the cases. This
cannot be agreed upon because one particular verse of the Qur’an from Surah
Noor chapter 24, verse 6 clearly equates one female witness and one male
witness:

“And those who launch a charge against their spouses, and have (in
support) no evidence but their own - their solitary evidence can be
received.” [Al-Qur’an 24:6]

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5. Solitary witness of Ayesha (May Allah be pleased with her) is
sufficient for Hadith to be accepted
Ayesha (May Allah be pleased with her) the wife of the beloved Prophet has
narrated no less than 2220 Ahadith which are considered authentic only on her
solitary evidence. This is sufficient proof that one witness of a women can also
be accepted.

Many jurists agree that even one witness of a woman is sufficient for the
sighting of the crescent of the moon. Imagine one woman witness is sufficient
for one of the pillars of Islam, i.e. fasting and the whole Muslim community of
men and women agree and accept her witness! Some jurists say that one
witness is required at the beginning of Ramadaan and two witnesses at the end
of Ramadaan. It makes no difference whether the witnesses are men or women.

6. Female witnesses are preferred in some cases
Some incidents require only female witness and that of a male cannot be
accepted. For instance, in dealing with the problems of women, while giving the
burial bath i.e. ‘ghusl’ to a woman, the witness has to be a woman.

The seeming inequality of male and female witnesses in financial transactions
is not due to any inequality of the sexes in Islam. It is only due to the different
natures and roles of men and women in society as envisaged by Islam.

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Quote believer Replybullet Posted: 12 May 2008 at 6:02pm
In Islam don't there have to be 4 men witnesses to the one rape victim to prove the rape?   In this case the woman's witness carries no weight.

Edited by believer - 12 May 2008 at 6:04pm
John 3
16"For God so loved the world that he gave his one and only Son, that whoever believes in him shall not perish but have eternal life.
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Quote Tariq Replybullet Posted: 13 May 2008 at 12:18pm
I begin with name of allah most merciful  and beneficient
 
In islam to prove a rapest either men or women for the punishment of HAD or in arabic حد which literally means boundary but in islamic terminolgy its a punishment which is given to islam in comparison with jewish law of committing adultry, and it is punishment which requires proof for either man or women which is atleast four men for proving that this man or women is eligible for this punishment , Now what about punishment except HAD , It does not mean he or she who has commited  rape will not  be punished without four witness a justice could say put the walll over him for his serious crime put him in celll for whole life and he could be dead
 but according to sunnah of prophet it is not acceptable for  a women no matter how many they are because may they are probabilty that the womens are taking side of female victim or probabaly they are supporting there objectives or may be they want revenge or may be somethhing else ,And in most of the case in sociological life womens are not to be found as helpers or witnesses in locations where rape has occured it is a probability but for an instance if she is a witness she may be scared of or forced to give false statements  as it happens mostly in feudal societies  but in man case same is the situation if man has been a target it also requires four witness  
 
The HAd is a special punishment for man and women in which he or she is grounded and stoned but it requires proof to give this level of punishment but other punishments are still in the hand of JUSTICE or JUDGE
this is deep jurisprudence even most muslims dont tdiferentiate between HAD and other judiciary made punishments
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Quote Saladin Replybullet Posted: 16 May 2008 at 8:17am
In Islam don't there have to be 4 men witnesses to the one rape victim to prove the rape?   In this case the woman's witness carries no weight.
 
Four men watching a woman get raped and not doing anything to save her, end up as accomplices to the rape. Rape comes under the Hirabah Laws, ie. Laws for highway,armed robbery,causing corruption in the land; punishable by death. Rape is considered as a woman robbed of her chastity and dignity with physical danger and hence capital punishment.
 
There is a hadith in Abu Dawud, where the Prophet(pbuh) did not consider witnesses for a rape and ordered the perpetrator to be stoned to death.


Edited by Saladin - 16 May 2008 at 8:19am
'Trust everyone but not the devil in them'
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Quote Tariq Replybullet Posted: 16 May 2008 at 3:52pm
Assalam o alaiqum,
Brother i hope you will recieve my message in best of your health.
Actually the matter of hudood laws and their punishments require proofs for giving a punishment of death and stonning to death is among Hadood laws.
The hadith which you have quoted from sunnan abu daoowd is very weak in line of narrator or in arabic dhaeef, which is not acceptable inLaws and obligations of shariah.
This is a big debatic issue why that hadith is not acceptable and what is the condition of weak hadith (the hadith which has transmitters and narrators who are not authentic or appropriate) in narrating.
For that you have to Study Sciences of hadiths, Rules and Principles of Jurisprudence and Biographies and historical books on narrators and transmitters which is among the miracles of islam to be found and preserved till this day.
Alhamdu lillah
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Quote believer Replybullet Posted: 17 May 2008 at 3:37pm
I agree Saladin!!-Four men watching a woman get raped and not doing anything to save her, end up as accomplices
John 3
16"For God so loved the world that he gave his one and only Son, that whoever believes in him shall not perish but have eternal life.
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Quote Tariq Replybullet Posted: 18 May 2008 at 4:19pm
Actually you agreed four men watching a women being raped , and at the same time they caught him as well, no matter how much he raped her more or less the condition will remain the same , and  they brought him to justice to justice made the execution of the rapist either stoning him to death if hes already married person and if not then 70 strokes of hard rope .
If there was one man  the rapist had the chance to run away or beat him in two persons there is also a chance , in three there is also a bit chance and in four it is almost impossible  to escape as well conformatory of the incident.
End of the problem
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Quote Tariq Replybullet Posted: 18 May 2008 at 4:23pm

BELIEVER AND SALADIN WHAT IF  A WOMEN ACCUSE BOTH OF RAPING HER AND YOU BOTH DIDNT ACTUALLY DONE IT

SO WHAT WOULD YOU DO WOULD YOU LIKE TO BE PUNISHED WITHOUT PROOF.

THIS IS ALSO A MAIN RESON FOR THE REQUIRMENT OF WITNESS

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