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 (which, as I have mentioned in my letter, refers to the duty of women towards bringing up and nurturing children and of men to earn the family's livelihood), 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). As I have mentioned in my previous letter, 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. |