Women Evidence

The second point is about evidence. Surah Al-Baqarah enjoins upon us that whenever you deal in loans, you should state it in writing and have two men to witness it. Further on it says: If you do not have two men, then make a man and two women as witnesses. The Quran itself explains why should there be two women. It is commonly understood that the verse means: if one of them forgets, then the other one reminds her (2:282). But the Quran has used the word "Tadilla" which is quite different from forgetting. Basically it means to get confused or become perplexed. Given this explanation for the word, let us come to the actual verse. This verse raises these questions:

(i) Why does it necessitate two women in place of one man?

(ii) Why has it been said, particularly about women, that if one is perplexed then the other would remind her?

From this it is commonly concluded that the Quran feels the women are less trustworthy and that their mental capability is less than that of men. For trustworthiness, the Quran enjoins the condition of two even for men. Would you conclude this that the Quran does not also trust men? Was it for this that one man was not considered enough! Was another one considered necessary for evidence? It is obvious that the Quran does not mistrust one man. The only purpose, according to the Quran of having two men as witnesses is that if there is anything lacking in the statement of one, then the testimony of the other one would complement it. This is only to forestall any legal omission. The purpose is not to brand men untrustworthy. The purpose is to have absolutely reliable evidence, without any omissions. In the same way when the Quran makes it necessary for two women in place of one man, it is not telling us that women are any less trustworthy than men. Here, too, the aim is to have the most reliable evidence. Otherwise, as far as the comparative trust among men and women is concerned, the Quran gives both an equal status. For example where evidence in law has been mentioned, the testimony of one woman is just as acceptable as that of one man.

Now we are left with the second question as to why did the Quran specifically remark about women, that if one of them is confused or perplexed then the other should remind her? Clearly according to the division of labour, some differences between biological constitution of men and women were necessary.

Women Share in Inheritance

Regarding inheritance, the Quran tells us that the share of one boy is equal to that of two girls (4:11). The Quran establishes a society in which men are the main earners, because the duties and responsibilities assigned to the women do not leave them with enough time to earn their own living. It is thus obvious that in a society in which the man is responsible for earning livelihood, he should get a larger portion when making an economic division. That is why, in inheritance, a boy's share has been kept double that of a girl. Girls have not been made responsible for their own, or their family's expenses. On the contrary, a boy has to bear his own expenses in addition to those expenses of his wife and children. As such, he should be getting the greater share.

On the other hand, in a situation in which men are neglecting their duties and it is feared that the girls would be rendered destitute, then the Quran gives authority that, in a will, a person can divide his property as he pleases and according to the circumstances. The division of inheritance as given in the Quran is only applicable if a person dies without executing a will, or if his will does not include all his property. The Quran is quite clear about this. As you can see, the fixing of a lesser share for a girl neither lessens her rights nor degrades her status in the society, when compared to that of a man.

Psychological difference between Men and Women

This difference is quite natural. Since physical characteristics do influence a person's psyche, men and women necessarily have psychological differences. In this respect, one resulting effect, which is quite clear is that, a man, after bringing income, is satisfied that he has done his duty towards bringing up his children. The woman, on other hand, is never satisfied that she has done enough, even after sacrificing all she has on her children. She wants to put in even the last reserve of her energy into caring for her child. If it were possible, she would physically keep her child in her heart. The hugging of the child to her bosom is the subconscious manifestation of this emotion. You have noticed that every woman in this world carries her child on her left arm. Why? It is because she wants to keep her child close to her heart, which is on the left side. What are the consequences of these psychological or biological differences between men and women? Many western scholars of psychology have done, and are doing research on this subject. Dr. M. Esther Harding has written an interesting book on this subject, called "The Way of All Women". In it he has written about the point we are considering:

If the men are asked to work where problems of human relationship are involved, they do not find it palatable, but the women on the other hand love such jobs. The women find it difficult, where they are required to define details of a problem with absolute accuracy. (Page 301).

Why does this happen? Nothing conclusively could be said about it, but Dr. Harding states that this is an ability which he has found generally common among the women he has tested in many practical examples.

If this research is correct, then you can appreciate how much the Quran has taken care of this issue. In the courts, the details of a case are normally argued, commented, discussed and questioned in a very critical manner. If the details of the case are not presented absolutely accurately, then this also affects the evidence in the case. To corroborate evidence, it is necessary that even the minutest differences are defined correctly. Women might have that psychological deficiency which has been mentioned above, and moreover by being busy with their particular duties, they may not have enough opportunities, as compared to men, to participate in such activities or problems. As a result, matters of dispute such as court cases where serious matters are discussed, a woman in general would not be able to explain the details correctly. The Quran has described the same phenomenon at a different place and in another manner. Surah Al-Zukhruf states that the Arabs used to believe that God had daughters. They used to say that their angels and deities were God's daughters. The Quran replied, (let alone the belief of God having children is absolutely ridiculous). Look at the dilemma, that even for off-springs they allocate sons to themselves and girls are attributed to God. They devalue a girl so much, that if a man hears the 'good news' of the birth of a daughter, he becomes sad and then says that it is God's child.

Those who have been brought up with a silver spoon and in jewels, in matters of dispute they are not very clear about their mind. (43:18).

To become perplexed in disputed matters, specially court cases, is the same that has been mentioned in Surah Al-Baqarah by the word "Tadhal" (mental confusion) By now you must have understood that two women in place of one man does not mean that women cannot be trusted, or that they are less brainy, or that they are given any privilege to rule women.

According to Dr. Harding's research, if women fall behind in issues concerning accurate details, the men are lacking in matters of public relationship. If one is deficient in one aspect, the other is deficient in another. Mutual cooperation can fulfil all the deficiencies in a society.

It should be made quite clear that the Quran talks in general terms and does not discuss the exceptions. It is not meant that proper education and training cannot make up for the deficiency in a person. The heavenly or ideal society professes that: a woman will have a flair for oratory and languages (56:37). Further to these explanations, it is to be noted that in respect of the two women, the Quran does not say that both of them are to give evidence one after the other, thereby making their testimony equal to that of one man. It says: if the one who is presenting evidence is uncertain due to some confusion, then the one standing by her should remind her (2:282). This makes it obvious that if the woman recording the evidence is not confused then any prompting by the other would not occur, and the testimony of a lone woman would be enough.

It is also evident that if girls are not adorned by jewels only that they would not be at a loss when problems in life are to be tackled; but when they are adorned with the jewels of education and proper training, they would be quite eloquent. In this case no standby woman would be needed for evidence. The Quran's laws in such matters are specifically conditional. When these conditions are not fulfilled, the laws do not remain operative. For example, if you do find water, then the law of dry ablutions becomes spurious.