In the name of Allah most gracious most merciful
Assalaamuaalikum wa rahmatuallahi wa barakatuhu,
Are women deficient in intelligence and religion?
49:13 O mankind! We created you from a single (pair) of a male and a female and made you into nations and tribes that ye may know each other (not that
ye may despise each other). Verily the most honored of you in the sight of Allah is (he who is) the most righteous of you. And Allah has full
knowledge and is well acquainted (with all things).
Hence the most honoured is the righteous be it male of female in religion.
Quranic verse 2:282 explains how to make financial contract.From writing the deal to witnesses is explained in the verse.transactions two women
witnesses is equal to one man witness.Altogether two male witnesses are required but if a male is present then one man and two women witness would
suffice.
2:282 O ye who believe! when ye deal with each other in transactions involving future obligations in a fixed period of time reduce them to
writing. Let a scribe write down faithfully as between the parties: let not the scribe refuse to write as Allah has taught him so let him write. Let
him who incurs the liability dictate but let him fear his Lord Allah and not diminish aught of what he owes. If the party liable is mentally deficient
or weak or unable himself to dictate let his guardian dictate faithfully.
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. The witnesses should not refuse when they are called on (for evidence). Disdain not to reduce to writing (your
contract) for a future period whether it be small or big: it is juster in the sight of Allah more suitable as evidence and more convenient to prevent
doubts among yourselves; but if it be a transaction which ye carry out on the spot among yourselves there is no blame on you if ye reduce it not to
writing. But take witnesses whenever ye make a commercial contract; and let neither scribe nor witness suffer harm. If ye do (such harm) it would be
wickedness in you. So fear Allah; for it is Allah that teaches you. And Allah is well acquainted with all things.
*A few comments..
a. This is not a general rule in the Qur'aan two women equals to one man as witness as in verse 24:6-9, explicitly equates the testimony of both
genders.
b. The context of this passage (verse, or Ayaah 2:282) relates to testimony on financial transactions, in which women do not generally participate.Its
not a blanket law otherwise it would contradict 24:6-9.
c. The reason for variations in the number of male and female witnesses required is given in the same passage. No reference is made to the
inferiority or superiority of one gender's witness or the other's. It is to prevent errors in the business deal.The Arabic term used in this passage,
'tadhilla ', literally means "loses the way," "gets confused," or "errs." and if one errs then the other may remind her[the other women is trusted in
making a judgement of her decision,it itself means she is capable of making decisions hence intelligence] .In numerous societies, past and present,
women generally may not be heavily involved with and experienced in business transactions. Allah prevented her from being burdened by the pressure of
being a single witness thus its shared betwenn two women.
Nevertheless, this has also meant for the jurists that a woman's testimony counts in cases of feminine affairs such as foster relationships,
menstruation, delivery and such matters whose knowledge was confined to women in past ages and probably still is."
The exclusion of woman's testimony[unless there is no alternative] from cases of major crimes, and cases requiring retaliation in kind is for
instance, to see a woman closing her eyes, or running away in panic from a scene of bloodshed; therefore, it becomes difficult for that woman to give a
reliable account of the crime.
Nevertheless, this has also meant for the jurists that a woman's testimony counts in cases of feminine affairs such as foster relationships,
menstruation, delivery and such matters whose knowledge was confined to women in past ages and probably still is."
Therefore, it is the duty of a fair judge to be guided by this objective when assessing the worth and credibility of a given testimony, regardless of
the gender of the witness. A witness of a female graduate of a business school is certainly far more worthy than the witness of an illiterate person
with no business education or experience."
Note:
In the financial matters described in verse 2:282, two women’s testimony is also for woman’s protection. That is rather advantageous to women.
For moon sighting a single woman’s testimony is enough to declare Islaamic festivals of Eids and/or Ramaadan.
In rape cases (as victim) single women’s (victim’s) testimony is enough to put guilty man to death.
*The hadith deals with the subjects:
Sahih Al-Bukhari HadithHadith 1.301 Narrated byAbu Said Al Khudri
Once Allah's Apostle went out to the Musalla (to offer the prayer) o 'Id-al-Adha or Al-Fitr prayer. Then he passed by the women and said, "O
women! Give alms, as I have seen that the majority of the dwellers of Hell-fire were you (women)." They asked, "Why is it so, O Allah's Apostle?"
He replied, "You curse frequently and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. A
cautious sensible man could be led astray by some of you." The women asked, "O Allah's Apostle! What is deficient in our intelligence and religion?" He
said, "Is not the evidence of two women equal to the witness of one man?" They replied in the affirmative. He said, "This is the deficiency in her
intelligence. Isn't it true that a woman can neither pray nor fast during her menses?" The women replied in the affirmative. He said, "This is the
deficiency in her religion."
*1.The hadith says women are deficient in intelligence because two women is equal one man, witnesses .As the hadith specifies the reason.Deficient means
Inadequate in amount or degree.And intelligence means The ability to comprehend; to understand and profit from experience.So women have usuallay
inadequate amount of experience in bussiness transactions.
*2.The hadith says women are deficient in religion,because they do not pray nor fast in menses.
Deficient means Inadequate in amount or degree ,Religion means Institution to express belief in a divine power.Islamic belief is on 5 pillars.Prayer
and fasting are 2 among the 5.So inadequecy in following two practices,though fasting is done later,yet there ia lapse continuity.
Prayer and fasting is not done during menses as Allah subhanawatala says 2:222 They ask thee concerning women's courses. Say: They are a hurt and a
pollution; so keep away from women in their courses and do not approach them until they are clean. But when they have purified themselves ye may
approach them in any manner time or place ordained for you by Allah. For Allah loves those who turn to Him constantly and He loves those who keep
themselves pure and clean.
so Women are unclean in menses. prayers are done in cleaniness and so is fasting.
also,74:4 And thy garments keep free from stain! 5 And all abomination shun!
Women are more in hell because of high ratio of women when compared to men.this does not rules out the possibility that women can be more in heaven also.
Allah knows best.
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