Saturday, December 9, 2006

Women are deficient when compared to men?

A big misconception people have, any how lets check it in the light of Quran....

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 they 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 witness 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 Good that teaches
you. And Allah is well acquainted with all things. If ye are on a journey, and cannot find a scribe, a pledge with possession (may serve the purpose). And if one of you deposits a thing on trust with another, let the trustee (faithfully) discharge his trust, and let him Fear his Lord conceal not evidence; for whoever conceals it, - his heart is tainted with sin. And Allah knoweth all that ye do.

The word used in 2:282 which has caused the misunderstanding of the witnessing requirement is 'Tudhil'.

Yusyf Ali uses the word, 'errs'.

Pickthal uses the word, 'forgets'

Arabic is Tansa/Nasi' best fits with 'forgets', so one can rule out this possibility from very start.

'Huda' stands for guidance and opposite word is 'Dhal' so the prime translation becomes 'Misguided'.

"You guide (Tahdi )whom you will, and you misguide (Tidhil) whom you will'.

Thus, looking at 2:282 we can say:

"If you cannot find, then one man and two women FROM WHO'S TESTIMONY IS ACCEPTABLE TO YOU. If one of them is 'Tudhil', then one will remind the
other..." (2:282)

Tudhil = Becomes Misguided / Lost / Shaded.

A clearer undertsanding of 2:282 takes place when one analyizes these points..If there's finacial transaction involving debt between two or more parties and whose repayment will be at a later stage, then it's to be documented, and the documentation of such a transaction is to be done through an official record keeper or institution.

If one who has borrowed is incapacitated for any reason from giving information, then his/her guardian shall take such responsibility, and two witnesses are required to seal the transaction.
so its preferable that the two witnesses be males, but if that is not possible then one man and two women will suffice.

Now must remember that testimony ONLY TWO witnesses are required, if one of the women is incapacitated then the other must take her place.

You must be wondering, What would cause one of the women to be 'mis-guided' in her testimony?.

okay be patient and here is your answer..difference between men and women is their physiology.

Who gives birth?? Men or women??? I guess we women

Who needs the rest for lengthy period after child's birth?? Men or Women?? I guess we women

Women as mothers must breast feed children, they also have menstrual cycles which incapacitate there movement somewhat while men don’t.

Now these differences are physical and have nothing to do with intelligence or will

In this verse Allah is calling TWO witnesses to be present, which is clear from the sequence of words in the verse....

Allah is knower of all he knows that having one man and one women as a witness is not practical since on the day they are called the women may be incapacitated while the man may when Allah calls on TWO witnesses, then the chances of having both present becomes much higher when TWO women and ONE man are selected so at the time of calling there are three people to choose from

Bottom line, Had Allah meant that the testimony of ONE man equals TWO women then He would have continued the verse and said; If TWO women and One man are not available then you shall select FOUR women, but He didnt.

In Quran, Allah speaks nothing but fairness and equality for both men and women, yet it is the evil wishes of some to regard women as deficient for their own purposes and desires.

Surah Baqara is talking about testimony only in future financial transactions

But in other places Quran places testimony of 1 woman = 1 man

Check these two verses

4:15 If any of your women are guilty of lewdness, Take the evidence of four (Reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way.

24:4 And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations),- flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors

You know what??? there is even one instance where the testimony of a woman OVERRIDES that of a man!

24:6 And for those who launch a charge against their spouses, and have (in support) no evidence but their own,- their solitary evidence (can be received) if they bear witness four times (with an oath) by Allah that they are solemnly telling the truth;

24:7 And the fifth (oath) (should be) that they solemnly invoke the curse of Allah on themselves if they tell a lie.

24:8 But it would avert the punishment from the wife, if she bears witness four times (with an oath) By Allah, that (her husband) is telling a lie;

24:9 And the fifth (oath) should be that she solemnly invokes the wrath of Allah on herself if (her accuser) is telling the truth.

Quran has given the highest honor to women, but its hard to explain those who have ears but don't wont to listen, who have eyes, but don't want to see

Laws of Divorce

Another misconception that I saw among the people of sub-continent was regarding Divorce. People assume that uttering talaq three times is just enough for getting divorce, but is it Islamic in nature???

Once again I would post some stuff in the spirit of Quran.

In Quran Allah (swt) tells that, divorce must be resorted to only in exceptional circumstances.

Appoint an arbitrator

4:35 If a couple fears separation, you shall appoint an arbitrator from his family and an arbitrator from her family; if they decide to reconcile, Allah will help them get together. Allah is Omniscient, Cognizant.

Allah in Quran advices to Wait for 4 months cooling off before divorce

2:226 Those who forswear their wives must wait four months; then, if they change their mind, lo! Allah is Forgiving, Merciful.

2:227 And if they decide upon divorce (let them remember that) Allah is Hearer, Knower.

65:2 Then, when they have reached their term, take them back in kindness or part from them in kindness, and call to witness two just men among you, and keep your testimony upright for Allah. Whoso believeth in Allah and the Last Day is exhorted to act thus. And whosoever keepeth his duty to Allah, Allah will appoint a way out for him,

Divorced women to observe an interim period

2:228 Women who are divorced shall wait, keeping themselves apart, three (monthly) courses. And it is not lawful for them that they should conceal that which Allah hath created in their wombs if they are believers in Allah and the Last Day. And their husbands would do better to take them back in that case if they desire a reconciliation. And they (women) have rights similar to those (of men) over them in kindness, and men are a degree above them. Allah is Mighty, Wise.

65:4 And for such of your women as despair of menstruation, if ye doubt, their period (of waiting) shall be three months, along with those who have it not. And for those with child, their period shall be till they bring forth their burden. And whosoever keepeth his duty to Allah, He maketh his course easy for him.

65:5 That is the commandment of Allah which He revealeth unto you. And whoso keepeth his duty to Allah, He will remit from him his evil deeds and magnify reward for him.

Allah also provides us (women) exception for observing interim period

33:49 O ye who believe! If ye wed believing women and divorce them before ye have touched them, then there is no period that ye should reckon. You shall compensate them equitably, and let them go amicably. After the fulfilment of the interim the divorced women is free to do whatever she wants

Allah states that divorced women have to be provided for

65:7 Let him who hath abundance spend of his abundance, and he whose
provision is measured, let him spend of that which Allah hath given him. Allah asketh naught of any soul save that which He hath given it. Allah will vouchsafe, after hardship, ease.

Allah also provides us a law about alimony for widows and divorcees

2:240 (In the case of) those of you who are about to die and leave behind them wives, they should bequeath unto their wives a provision for the year without turning them out, but if they go out (of their own accord) there is no sin for you in that which they do of themselves within their rights. Allah is Mighty, Wise.

2:241 Divorcees also shall be provided for, equitably. This is a duty upon the righteous.

Law about compensation when marriage is not consummated when one breaks engagement

2:236 It is no sin for you if ye divorce women while yet ye have not
touched them, nor appointed unto them a portion. Provide for them, the rich according to his means, and the straitened according to his means, a fair provision. (This is) a bounden duty for those who do good.

2:237 If ye divorce them before ye have touched them and ye have appointed unto them a portion, then (pay the) half of that which ye appointed, unless they (the women) agree to forgo it, or he agreeth to forgo it in whose hand is the marriage tie. To forgo is nearer to piety. And forget not kindness among yourselves. Allah is Seer of what ye do.

Allah's law also entitles divorced women to stay in righteous environment, as per this verse

2:231 When ye have divorced women, and they have reached their term, then retain them in kindness or release them in kindness. Retain them not to their hurt so that ye transgress (the limits). He who doeth that hath wronged his soul. Make not the revelations of Allah a laughing-stock (by your behaviour), but remember Allah's grace upon you and that which He hath revealed unto you of the Scripture and of wisdom, whereby He doth exhort you. Observe your duty to Allah and know that Allah is Aware of all things.

65:6 Lodge them where ye dwell, according to your wealth, and harass them not so as to straiten life for them. And if they are with child, then spend for them till they bring forth their burden. Then, if they give suck for you, give them their due payment and consult together in kindness; but if ye make difficulties for one another, then let some other woman give suck for him (the father of the child).

One more thing I would add here, if couple reconciles after the first divorce and wish to be husband and wife again, they can re-marry, though allowed only for two divorce only.

If they divorce third time, then their marriage is nullified

2:229 Divorce must be pronounced twice and then (a woman) must be retained in honour or released in kindness. And it is not lawful for you that ye take from women aught of that which ye have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) Allah. And if ye fear that they may not be able to keep the limits of Allah, in that case it is no sin for either of them if the woman ransom herself. These are the limits (imposed by) Allah. Transgress them not. For whoso transgresseth Allah's limits: such are wrong-doers.

2:232 And when ye have divorced women and they reach their term, place not difficulties in the way of their marrying their husbands if it is agreed between them in kindness. This is an admonition for him among you who believeth in Allah and the Last Day. That is more virtuous for you, and cleaner. Allah knoweth; ye know not.

2:230 And if he hath divorced her (the third time), then she is not lawful unto him thereafter until she hath wedded another husband. Then if he (the other husband) divorce her it is no sin for both of them that they come together again if they consider that they are able to observe the limits of Allah. These are the limits of Allah. He manifesteth them for people who have knowledge.

I think, after reading this, any one can easily make out, that Allah makes it not so easy for the couple to divorce, and one must know that Divorce is always mutually decided by the couple.

Beating Women or Beating around the Bush

There's a big misconception among non-Muslims that Allah in Quran has ordained that women may be beaten if their male counter-part is not pleased with them.

Is Allah telling males to beat their wives to control conflict in martial affair???

Being a woman my opinion is that wife beating will only flare up the situation, rather than helping any thing

But then what about the verse in Quran posted below??

4:34 Men are the maintainers of women because Allah has made some of them to excel others and because they spend out of their property; the good women are therefore obedient, guarding the unseen as Allah has guarded; and (as to) those on whose part you fear desertion, admonish them, and leave them alone in the sleeping-places and beat them; then if they obey you, do not seek a way against them; surely Allah is High, Great.

The above posted verse seems bizarre, but to an extent I agree as this happens in Islamic world, for some advocate that this verse ordains women beating if male counter-part is not pleased with them.

We Muslims believe that Allah is a living symbol of fairness and equality, and Quran is the book of light which dispells darkness, so how is Quran here asking Muslim men to adopt barbaric ways and commit violence.

Lets implore the subject deeply

The word used here to what many translate as "beat" is Idribuhun, which is derived from the word Darb in Arabic and it has six meanings,so when presented with a situation where we have more than one meaning for the same word, we must observe a meaning which is best suited for the objective of the verse in question, which is martial harmony.

It is more suitable that we use the 2nd meaning of Darb, which is to "depart or separate" If reconciliation between the husband and the wife cannot be made by themselves,even after not speaking with each other or sleeping on same bed, then matter should be referred to the arbiters-one from the husband's family and one from the wife's family.

This meaning to 'Darb' is confirmed in the very next verse:

4:35 And if ye fear a breach between them twain (the man and wife), appoint an arbiter from his folk and an arbiter from her folk. If they desire amendment Allah will make them of one mind. Lo! Allah is ever Knower, Aware.

Another confirmation is found in....

4:128 If a woman feareth ill treatment from her husband, or desertion, it is no sin for them twain if they make terms of peace between themselves. Peace is better. But greed hath been made present in the minds (of men). If ye do good and keep from evil, lo! Allah is ever Informed of what ye do.

So Quran simply tells us about, that if problem arises between husband and wife, talk about it, obviously simplest and healthiest method since it opens the communication channel between both parties.

Doesn't works, then abstain from sharing the same bed, man is adviced to use if they are unable to reconcile their problem.

Finally if nothing works, then separate from each other.

This is designed as a last solution of retaining marriage, for even if you are willing to divorce, the period of 'cooling-off'(explained in another article) helps each party re-think and examine the situation closely.