Question:
Why are two witnesses who are women, *****alent to only one witness who is a man ?
Answer:
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]
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 breadwinners 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.
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 *****alent to one male witness. In all other cases, one female witness is *****alent to one male witness. There are about five verses in the Qur’an which speak about witnesses without specifying man or woman.
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."
[Al-Qur’an 5:106]
two just persons of your own (brotherhood)
or other from outside if you are journeying
through the earth and the chance of death befalls you."
[Al-Qur’an 65:2]
Two persons endued with justice in case of talaq.
"Four witnesses are required
in case of charge against chaste women,
[Al-Qur’an 24:4]
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]
Hazrat Ayesha (RA) hadith narrated of one witness
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 Ramadaanand two witnesses at the end of Ramadaan. It makes no difference whether the witnesses are men or women.
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.
Question:
Under Islamic law, why is a woman’s share of the inherited wealth only half that of a man?
Answer:
The Glorious Qur’an contains specific and detailed guidance regarding the division of the inherited wealth, among the rightful beneficiaries.
The Qur’anic verses that contain guidance regarding inheritance are:
* Surah Baqarah, chapter 2 verse 180
* Surah Baqarah, chapter 2 verse 240
* Surah Nisa, chapter 4 verse 7-9
* Surah Nisa, chapter 4 verse 19
* Surah Nisa, chapter 4 verse 33 and
* Surah Maidah, chapter 5 verse 106-108
There are three verses in the Qur’an that broadly describe the share of close relatives i.e. Surah Nisah chapter 4 verses 11, 12 and 176. The translation of these verses are as follows:
"Allah (swt) (thus) directs you as regards your children’s (inheritance): to the male, a portion equal to that of two females, if only daughters, two or more, their share is two-thirds of the inheritance; If only one, her share is a half.
For parents, a sixth share of the inheritance to each, if the deceased left children; If no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah; and Allah is All-Knowing, All-Wise.
In what your wives leave, your share is half. If they leave no child; but if they leave a child, ye get a fourth; after payment of legacies and debts. In what ye leave, their share is a fourth, if ye leave no child; but if ye leave a child, they get an eight; after payment of legacies and debts. If the man or woman whose inheritance is in question, has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus it is ordained by Allah; and Allah is All-Knowing Most Forbearing"
[Al-Qur’an 4:11-12]
"They ask thee for a legal decision. Say: Allah directs (them) about those who leave no descendants or ascendants as heirs. If it is a man that dies, leaving a sister but no child, she shall have half the inheritance. If (such a deceased was) a woman who left no child, Her brother takes her inheritance. If there are two sisters, they shall have two thirds of the inheritance (between them). If there are brothers and sisters, (they share), the male having twice the share of the female. Thus doth Allah (swt) makes clear to you (His knowledge of all things).
[Al-Qur’an 4:176]
In most of the cases, a woman inherits half of what her male counterpart inherits. However, this is not always the case. In case the deceased has left no ascendant or descendent but has left the uterine brother and sister, each of the two inherit one sixth. If the deceased has left children, both the parents that is mother and father get an equal share and inherit one sixth each. In certain cases, a woman can also inherit a share that is double that of the male. If the deceased is a woman who has left no children, brothers or sisters and is survived only by her husband, mother and father, the husband inherits half the property while the mother inherits one third and the father the remaining one sixth. In this particular case, the mother inherits a share that is double that of the father. It is true that as a general rule, in most cases, the female inherits a share that is half that of the male. For instance in the following cases:
1. daughter inherits half of what the son inherits,
2. wife inherits 1/8th and husband 1/4th if the deceased has no children.
3. Wife inherits 1/4th and husband 1/2 if the deceased has children
4. If the deceased has no ascendant or descendent, the sister inherits a share that is half that of the brother.
In Islam a woman has no financial obligation and the economical responsibility lies on the shoulders of the man. Before a woman is married it is the duty of the father or brother to look after the lodging, boarding, clothing and other financial requirements of the woman. After she is married it is the duty of the husband or the son. Islam holds the man financially responsible for fulfilling the needs of his family. In order to do be able to fulfill the responsibility the men get double the share of the inheritance. For example, if a man dies leaving about Rs. One Hundred and Fifty Thousand, for the children (i.e one son and one daughter) the son inherits One Hundred Thousand rupees and the daughter only Fifty Thousand rupees. Out of the one hundred thousand which the son inherits, as his duty towards his family, he may have to spend on them almost the entire amount or say about eighty thousand and thus he has a small percentage of inheritance, say about twenty thousand, left for himself. On the other hand, the daughter, who inherits fifty thousand is not bound to spend a single penny on anybody. She can keep the entire amount for herself. Would you prefer inheriting one hundred thousand rupees and spending eighty thousand from it, or inheriting fifty thousand rupees and having the entire amount to yourself?
IS THE QUR'AN GOD'S WORD?
How can you prove that the Qur'an is the word of God?
Answer
(to be corrected and provided after a few days)
* approximately 5 pages
HEREAFTER - LIFE AFTER DEATH
Question
How can you prove the existence of hereafter, i.e. life after death?
Answer
1. Belief in the hereafter is not ****d on blind faith?
Many people wonder as to how a person with a scientific and logical temperament, can lend any credence to the belief of life after death. People assume that anyone believing in the hereafter is doing so on the basis of blind belief.
My belief in the hereafter is ****d on a logical argument.
2. Hereafter a logical belief
There are more than a thousand verses in the Glorious Qur’an, containing scientific facts (refer my book "Qur’an and Modern Science-Compatible or Incompatible?"). Many facts mentioned in the Qur’an have been discovered in the last few centuries. But science has not advanced to a level where it can confirm every statement of the Qur’an.
Suppose 80% of all that is mentioned in the Qur’an has been proved 100% correct. About the remaining 20%, science makes no categorical statement, since it has not advanced to a level, where it can either prove or disprove these statements. With the limited knowledge that we have, we cannot say for sure whether even a single percentage or a single verse of the Qur’an from this 20% portion is wrong. Thus when 80% of the Qur’an is 100% correct and the remaining 20% is not disproved, logic says that even the 20% portion is correct. The existence of the hereafter, which is mentioned in the Qur’an, falls in the 20% ambiguous portion which my logic says is correct.
3. Concept of peace and human values is useless without the concept of hereafter
Is robbing a good or an evil act? A normal balanced person would say it is evil. How would a person who does not believe in the hereafter convince a powerful and influential criminal that robbing is evil?
Suppose I am the most powerful and influential criminal in the world. At the same time I am an Intelligent and a logical person. I say that robbing is good because it helps me lead a luxurious life. Thus robbing is good for me.
If anybody can put forward a single logical argument as to why it is evil for me, I will stop immediately. People usually put forward the following arguments:
a. The person who is robbed will face difficulties
Some may say that the person who is robbed will face difficulties. I certainly agree that it is bad for the person who is robbed. But it is good for me. If I rob a thousand dollars, I can enjoy a good meal at a 5 star restaurant.
b. Someone may rob you
Some people argue that someday I may be robbed. No one can rob me because I am a very powerful criminal and I have hundreds of bodyguards. I can rob anybody but nobody can rob me. Robbing may be a risky profession for a common man but not for an influential person like me.
c. The police may arrest you
Some may say, if you rob, you can be arrested by the police. The police cannot arrest me because I have the police on my payroll. I have the ministers on my payroll. I agree that if a common man robs, he will be arrested and it will be bad for him, but I am an extraordinarily influential and powerful criminal.
Give me one logical reason why it is bad for me and I will stop robbing.
d. Its easy money
Some may say its easy money and not hard-earned money. I agree completely that it is easy money, and that is one of the main reasons why I rob. If a person has the option of earning money the easy as well as the hard way, any logical person would choose the easy way.
e. It is against humanity
Some may say it is against humanity and that a person should care for other human beings. I counter argue by asking as to who wrote this law called ‘humanity’ and why should I follow it?
This law may be good for the emotional and sentimental people but I am a logical person and I see no benefit in caring for other human beings.
f. It is a selfish act
Some may say that robbing is being selfish. It is true that robbing is a selfish act; but then why should I not be selfish? It helps me enjoy life.
1. No logical reason for robbing being an evil act
Hence all arguments that attempt to prove that robbing is an evil act are futile. These arguments may satisfy a common man but not a powerful and influential criminal like me. None of the arguments can be defended on the strength of reason and logic. It is no surprise that there are so many criminals in this world.
Similarly raping, cheating etc. can be justified as good for a person like me and there is no logical argument that can convince me that these things are bad.
2. A Muslim can convince a powerful and influential criminal
Now let us switch sides. Suppose you are the most powerful and influential criminal in the world, who has the police and the ministers on his payroll. You have army of thugs to protect you. I am a Muslim who will convince you that robbing, raping, cheating, etc. are evil acts.
Even if I put forth the same arguments to prove that robbing is evil the criminal will respond the same way as he did earlier.
I agree that the criminal is being logical and all his arguments are true only when he is the most powerful and influential criminal.
3. Every human being wants justice
Each and every human being desires justice. Even if he does not want justice for others he wants justice for himself. Some people are intoxicated by power and influence and inflict pain and suffering on others. The same people, however, would surely object if some injustice was done to them. The reason such people become insensitive to the suffering of others is that they worship power and influence. Power and influence, they feel, not only allows them to inflict injustice on others but also prevents others from doing likewise to them.
4. God is Most Powerful and Just
As a Muslim I would convince the criminal about the existence of Almighty God (refer to answer proving the existence of God). This God is more powerful than you and at the same time is also just. The Glorious Qur’an says:
"Allah is never unjust
In the least degree"
[Al-Qur’an 4:40]
5. Why does God not punish me?
The criminal, being a logical and scientific person, agrees that God exists, after being presented with scientific facts from the Qur’an. He may argue as to why God, if He is Powerful and Just, does not punish him.
6. The people who do injustice should be punished
Every person who has suffered injustice, irrespective of financial or social status, almost certainly wants the perpetrator of injustice to be punished. Every normal person would like the robber or the rapist to be taught a lesson. Though a large number of criminals are punished, many even go scot-free. They lead a pleasant, luxurious life, and even enjoy a peaceful existence. If injustice is done to a powerful and influential person, by someone more powerful and more influential than he, even such a person would want that person perpetrators of injustice to be punished.
7. This life is a test for the hereafter
This life is a test for the hereafter. The Glorious Qur’an says:
"He who created Death
And life that He
May try which of you
Is best in deed;
And He is the Exalted
In Might, Oft-Forgiving"
[Al-Qur’an 67:2]
8. Final justice on day of judgement
The Glorious Qur’an says:
"Every soul shall have
A taste of death:
And only on the Day
Of Judgement shall you
Be paid your full recompense.
Only he who is saved
Far from the Fire
And admitted to the Garden
Will have attained
The object (of life):
For the life of this world
Is but goods and chattels
Of deception."
[Al-Qur’an 3:185]
Final justice will be meted out on the Day of Judgement. After a person dies, he will be resurrected on the Day of Judgement along with the rest of mankind. It is possible that a person receives part of his punishment in this world. The final reward and punishment will only be in the hereafter. God Almighty may not punish a robber or a rapist in this world but he will surely be held accountable on the Day of Judgement and will be punished in the hereafter i.e. life after death.
9. What punishment can the human law give Hitler?
Hitler incinerated six million Jews during his reign of terror. Even if the police had arrested him, what punishment can the human law give Hitler for justice to prevail? The most they can do is to send Hitler to the gas chamber. But that will only be punishment for the killing of one Jew. What about the remaining five million, nine hundred and ninety nine thousand, nine hundred and ninety-nine Jews?
10. Allah can burn Hitler more than six million times in hellfire
Allah say in the Glorious Qur’an:
"Those who reject
Our signs, We shall soon
Cast into the Fire;
As often as their skins
Are roasted through,
We shall change them
For fresh skins,
That they may taste
The penalty: for Allah
Is Exalted in Power, Wise"
[Al-Qur’an 4:56]
If Allah wishes he can incinerate Hitler six million times in the hereafter in the hellfire.
11. No concept of human values or good and bad without concept of hereafter
It is clear that without convincing a person about the hereafter, i.e. life after death, the concept of human values and the good or evil nature of acts is impossible to prove to any person who is doing injustice especially when he is influential and powerful.
|