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

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