Understanding Female Testimony In The Quran - Dr Umar & Hamza Yusuf
12 years ago
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Dr. Umar & Shaykh Hamza Explains the Quranic verse regarding Female Testimony.
"You who believe, when you contract a debt for a stated term, put it down in writing: have a scribe write it down justly between you. No scribe should refuse to write: let him write as God has taught him, let the debtor dictate, and let him fear God, his Lord, and not diminish [the debt] at all. If the debtor is feeble-minded, weak, or unable to dictate, then let his guardian dictate justly. Call in two men as witnesses. If two men are not there, then call one man and two women out of those you approve as witnesses, so that if one of the two women should forget (a) the other can remind her. Let the witnesses not refuse when they are summoned. Do not disdain to write the debt down, be it small or large, along with the time it falls due: this way is more equitable in God's eyes, more reliable as testimony, and more likely to prevent doubts arising between you. But if the merchandise is there and you hand it over, there is no blame on you if you do not write it down. Have witnesses present whenever you trade with one another, and let no harm be done to either scribe or witness, for if you did cause them harm, it would be a crime on your part. Be mindful of God, and He will teach you: He has full knowledge of everything." (Quran 2:282, The Qur'an (Oxford World's Classics): M. A. S. Abdel Haleem)
(a) A classical meaning of dalla.
Note: "A further example of discrimination against women due to disregard of context is found in the way some scholars interpreted 2: 282. In urging the recording of a debt in writing, the Quran says: 'Call in two men as witnesses. If two men are not there, then call one man and two women out of those you approve as witnesses, so that if one of the two women should forget the other can remind her.'(1) The majority view was to generalize this to all testimony and all other situations. The fact is that the verse should be seen in its context, where the Qurʾan is insisting on the protection of people's property. In the preceding pages, it urges wealthy people to give in charity, but it then turns in the above verse to ensure that their money is not taken fraudulently or through neglect. After urging the wealthy to give free loans (as opposed to charging interest) for the sake of God, it urges in the strongest manner the recording of any loan agreement. In the longest verse in the Qurʾan (twelve lines in Arabic) it gives instructions on how to secure the agreement in writing and by testimony to avoid conflict or loss of the lender's money. It calls on people to do this in a cultural environment where women generally were less involved in money matters and calculations than men, and less literate. Modern interpreters take the view that the cultural context is different now and that a woman can be as well educated as a man, or even better. Therefore they confine this verse to its cultural context and allow a woman now to give witness alone, just as she is allowed to be a judge on her own." (The Qur'an (Oxford World's Classics): M. A. S. Abdel Haleem)
(1) Many translate tadilla as 'err', not realizing that one of the many meanings (wujuh) of the verb is 'forget'.
"You who believe, when you contract a debt for a stated term, put it down in writing: have a scribe write it down justly between you. No scribe should refuse to write: let him write as God has taught him, let the debtor dictate, and let him fear God, his Lord, and not diminish [the debt] at all. If the debtor is feeble-minded, weak, or unable to dictate, then let his guardian dictate justly. Call in two men as witnesses. If two men are not there, then call one man and two women out of those you approve as witnesses, so that if one of the two women should forget (a) the other can remind her. Let the witnesses not refuse when they are summoned. Do not disdain to write the debt down, be it small or large, along with the time it falls due: this way is more equitable in God's eyes, more reliable as testimony, and more likely to prevent doubts arising between you. But if the merchandise is there and you hand it over, there is no blame on you if you do not write it down. Have witnesses present whenever you trade with one another, and let no harm be done to either scribe or witness, for if you did cause them harm, it would be a crime on your part. Be mindful of God, and He will teach you: He has full knowledge of everything." (Quran 2:282, The Qur'an (Oxford World's Classics): M. A. S. Abdel Haleem)
(a) A classical meaning of dalla.
Note: "A further example of discrimination against women due to disregard of context is found in the way some scholars interpreted 2: 282. In urging the recording of a debt in writing, the Quran says: 'Call in two men as witnesses. If two men are not there, then call one man and two women out of those you approve as witnesses, so that if one of the two women should forget the other can remind her.'(1) The majority view was to generalize this to all testimony and all other situations. The fact is that the verse should be seen in its context, where the Qurʾan is insisting on the protection of people's property. In the preceding pages, it urges wealthy people to give in charity, but it then turns in the above verse to ensure that their money is not taken fraudulently or through neglect. After urging the wealthy to give free loans (as opposed to charging interest) for the sake of God, it urges in the strongest manner the recording of any loan agreement. In the longest verse in the Qurʾan (twelve lines in Arabic) it gives instructions on how to secure the agreement in writing and by testimony to avoid conflict or loss of the lender's money. It calls on people to do this in a cultural environment where women generally were less involved in money matters and calculations than men, and less literate. Modern interpreters take the view that the cultural context is different now and that a woman can be as well educated as a man, or even better. Therefore they confine this verse to its cultural context and allow a woman now to give witness alone, just as she is allowed to be a judge on her own." (The Qur'an (Oxford World's Classics): M. A. S. Abdel Haleem)
(1) Many translate tadilla as 'err', not realizing that one of the many meanings (wujuh) of the verb is 'forget'.