Thread by @fariha_ab1

Muslims often use Quran verse 2:282 to claim that a woman’s testimony is worth half of that of a man. It is used to argue that women are less intelligent and “too emotional”.

So does Islam really presents this sexist, unjust belief?

Let’s discuss.
#WomenInIslam #ReclaimingIslam

1) Firstly, the issue of testimony comes up at 8 places in Quran - 2:282, 4:6, 4:15, 5:106, 5:107, 24:4, 24:6-9, 65:2

In 6 of these places, the testimony of men & women is not differentiated in any way. At one point, the testimony of a woman has more weight than that of a man.

Verses 24:6-9 discuss men accusing their wives of adultery with no witnesses. In such a case, a man has to vow 5 times that he’s right. If the woman claims innocence, she too has to vow 5 times - after which the woman’s testimony will be given more weight & she won’t be punished.

Yet, no one has ever used 24:6-9 to claim that women’s testimonies are above men’s in ALL cases. So, why then, verse 2:282 is presented as a general rule when there are 7 other verses that contradict such a rule?

Now let’s have a closer look at 2:282

2) Aim of 2:282 is to ask Muslims to document their transactions - not to set rules for testimonies. Famous scholars Ibn Taymiyya & Ibn al-Qayyim say that there’s a difference b/w recording testimony for protecting a right in case of future disputes & testifying before a judge.

The verse 2:282 is directed to the people writing the contract, NOT to the judge. The judge is not asked to discriminate b/w the testimonies on the basis of gender & is supposed to only focus on other attributes of the witness like honesty, repute, credibility, etc.

This point feels further validated considering no school of Muslim law has ever restricted a judge to using only two male witnesses or one male & two female witnesses. Instead, Muslim jurists agree that a judge is also allowed to rule based on any available evidence or witnesses.

3) Islamic Jurisprudence considers a woman's testimony absolutely equal to that of a man in cases of transmission of hadith reports. History is filled with notable women transmitters. Some were even given academic titles such as al-musnida, meaning "the authority".

4) The process by which legal rules are derived from hadith reports is also gender-neutral. Thus, a woman's legal opinion (fatwa) is considered just as valid & morally binding as the legal opinion of a man.

Not ONCE has any Islamic scholar in the history disagreed with (3) & (4)

If women's memory can be treated as equal in case of transmission of ahadith (which is a critical matter affecting all of Ummah for eternity), then HOW can their memories become unreliable in other judicial matters?

This shows that there must be a social context to verse 2:282

Women might not have been familiar with financial matters back then, so Quran facilitated them by allowing them a 2nd guarantor “IF she errs”. Many scholars said that it’s a recommendation, not a compulsion; And today when women are widely managing finances, this is not needed.

While the instruction in 2:282 was for a certain era, the RATIONALE behind it can be universal - meaning that if one is inexperienced in a matter, one's testimony can be verified by another. So men may use a 2nd guarantor in cases that confuse them like menstruation, childbirth.

References:
- Islam and Women, Dr. Farooq Khan
bit.ly/37yZlSv
- The Testimony of Women in Islamic Law, Dr. Taha Jaber Al-Alwani
bit.ly/3LRJ61X
- Two Women, One Man: Knowledge, Power, and Gender, Dr. Mohammad Fadel
bit.ly/3xfWV69

Next week inshaAllah, we will discuss that hadith claiming more women in hell.