2:283 – Testimony Of A Man Is Twice That Of A Women

Introduction

It is alleged that the Holy Quran and the Islamic tradition is oppressive to women. Verses of the Holy Quran are showcased by detractors as promoting the inferiority of women, misogyny and abuse against women.

On the contrary, the Holy Quran and the Islamic tradition have probably the greatest historical legacy of the emancipation and empowerment of women. The Holy Quran unequivocally announces the equality of men and women in several verses such as 16:98– Whoso acts righteously, whether male or female and is a believer, We will surely grant him a pure life; and  We will surely bestow on such their reward according to the best of their works.

The Holy Prophet Muhammad (on whom be peace) had a direct hand in this legacy. One of the first acts of the Prophet Muhammad (on whom be peace) to shift attitudes towards women was halting the practice of female infanticide. He announced that daughters were a blessing upon the household they were born into: A person who is blessed with a daughter or daughters and makes no discrimination between them and his sons and brings them up with kindness and affection, will be as close to me in Paradise as my forefinger and middle finger are to each other.” (Muslim II, Section Beneficence).

As is sometimes alleged, Muhammad (on whom be peace) was clearly not a misogynist, rather a great benefactor in the emancipation and empowerment of women. He spent his career as a trader working for a woman named Khadijah who later became his wife. Throughout his ministry he regularly consulted her in matters and decisions as the leader of the Muslim community. Islam accorded women the right to accept or refuse a proposal for marriage, and the right to inheritance and ownership of property. While acknowledging that men and women have been endowed with different roles and functions in society, the Quran exhorts on equality between men and women in the eyes of God in that both will be rewarded solely on the basis of their deeds (see section below ‘Fundamental Teachings of Islam About Women’).

The women of the family of prophet Muhammad (on whom be peace) became revered figures and great examples among Muslims which aided in shifting attitudes about women. His first wife Khadijah (ra) was a business leader and his trusted advisor. His daughter Fatimah (ra), known for her piety, was a great example to the Muslim community. And his wife Ayesha (ra) came to be known as a religious and community leader.

O ye who believe! when you borrow one from another for a fixed period, then write it down. And let a scribe write it in your presence faithfully; and no scribe should refuse to write, because Allah has taught him, so let him write and let him who incurs the liability dictate; and he should fear Allah, his Lord, and not diminish anything therefrom. But if the person incurring the liability be of low understanding or be weak or be unable himself to dictate, then let someone who can watch his interest dictate with justice. And call two witnesses from among your men; and if two men be not available, then a man and two women, of such as you like as witnesses, so that if either of two women should err in memory, then one may remind the other. And the witnesses should not refuse when they are called. And do not feel weary of writing it down, whether it be small or large, along with its appointed time of payment. This is more equitable in the sight of Allah and makes testimony surer and is more likely to keep you away from doubts; therefore omit not to write except that it be ready merchandise which you give or take from hand to hand, in which case it shall be no sin for you that you write it not. And have witnesses when you sell one to another; and let no harm be done to the scribe or the witness. And if you do that, then certainly it shall be disobedience on your part. And fear Allah. And Allah grants you knowledge and Allah knows all things well. (2:283)

Allegation

Citing this verse of the Holy Qur’an, many have alleged the Qur’an views women as inferior requiring either one man to give oath in a court of law, or instead two women. Most have taken this verse to mean that one woman is incapable of giving testimony in a court of law. However, a careful review of the verse reveals a real practicality with no sense of discrimination against women. In fact, it empowers women to serve as credible witnesses and partake in the due process of law and justice.

Context

In order to fully answer the allegation, we must understand that the Holy Qur’an is a book sent as guidance for all people and all time. This means that its teachings are not only meant for the most modern and educated people, but also for the simpler folk in the small and remote villages. This verse is dealing with a particular situation of writing down the terms of financial and commercial transactions while calling upon witnesses to attest to these terms.
 
It is crucial to note here that the reason for allowing two women to serve as witnesses instead of one man is stipulated in the verse as ‘so that if either of the women should err in memory, then one may remind the other’. Since men are more frequently involved in finance and related commerce than women, they are more familiar with its terms and aspects, and can easily recall these given the frequent exposure. A woman on the other hand may serve as a witness but then not receive much exposure to the world of trade and finance. Subsequently, she may suffer a loss in remembering the issue as a natural consequence after a longer period of time when the matter may be brought to court. This could lead to the exclusion of women serving as credible witnesses. The verse states that the purpose of these provisions is to ‘makes testimony surer’. Therefore, the provision to have two women witnesses facilitates women in the process of serving as credible witnesses and is a factor in the empowerment of women. It also supports the process of trade and finance.
 
The fourth Caliph of the Ahmadiyya Muslim Community, Hazrat Mirza Tahir Ahmad (re), writes in his book (Religion, Rationality, Knowledge & Truth) that, as stipulated in the verse, the role of the secondary female witness is not a requirement but only conditional if the primary witness suffers recalling the particulars of the transaction. Thus the primary female witness may not even require the services of the secondary witness if she feels comfortable in serving as a credible witness.
 
The teachings of Islam are a means of empowerment and confidence for all women to live freely and to live as equal to men. Women serving as credible witnesses was a revolutionary change with the advent of Islam. The primary sources of Islam, such as the ‘Ahadith’ (sayings of the Holy Prophet), are filled with many examples of legal cases where the testimony of one woman was used by the Prophet of Islam (saw) to decide a case. In fact, the ‘Ahadith’ itself is filled with the sayings and acts of the Prophet Muhammad (on whom be peace) as witnessed (or narrated) by women. The Holy Prophets wife, Ayesha (ra), is one of the great narrators of the ‘Ahadith’, witnessing the Holy Prophet’s sayings and acts. Never in Islamic history have these narrations been questioned on the basis of being witnessed by just one woman.