QUAID E AZAM
LAW COLLEGE
Subject:
WOMEN RIGHTS IN ISLAM AS A WITNESS
PRESENTED
BY LLB part 1 Section A (2012-2015)
RESARCH WORK
Khaqan Sikander
Shoaib Ayub Gadhi
Ahsan Qadeer
WOMEN RIGHTS
IN ISLAM AS A WITNESS
Holy prophet (S.A.W) said:
“Among you the most respectable is the one who
respects women and the most disrespectable is the one who disrespect the
women.”
The above instruction of Holy Prophet (S.A.W.W) declared the ground of
honor and respect for a person in Deen-e-Islam. Islam gave women an honorable
life and illuminated the light of rights in their life. Before Islam women were
treated like slaves and ignorance reigned supreme. Arabs would bury their
daughters alive, wives were beaten harshly, a step mother became a legacy for
the eldest son and the sisters were given as compensation for any sin which was
committed by her family. Islam abolished all of these dark practices and raised
the status of mothers significantly, guaranteed paradise to a father who would
bring up his daughters with love, assured paradise to the husband who takes
care of his wife and made sister’s partners in inheritance. Today Muslim women
are facing problems not because of a lack of rights in Islam but due to the
male driven and illiterate society. Respect, honor and safety before and more
than any other religion, civilization and moderation were offered to women by
Islam. Islam gave women all rights 15 centuries ago which any one can expect in
today’s highly modern world.
The
study of women in Islam investigates the role of women within
the religion of Islam. The
complex relationship between women and Islam is defined by both Islamic texts
and the history and culture of the Muslim world. The Quran states that both men and women are equal.
"Men are the
protectors and maintainers of women, because Allah has made one of them to
excel the other, and because they spend from their means. Therefore the
righteous women are devoutly obedient and guard in the husband's absence what
Allah orders them to guard."
Although the Quran
does say this, the superiority of men is interpreted in terms of strength by
the context – men maintain women. This
verse however refers to a relationship between a husband and wife, not a
society as a whole unit.
Islam
recognizes all the basic human, social, economic and political rights of women.
The Holy Quran has specified these rights and responsibilities in several
verses of Surah:
Al-Baqara, Al-Maidah, Al-Noor, Al-Ahzab,
Al-Mumtahina and Al-Tahrim. However, in Surah AL Nisa and Al-Talaq, precise discussions
and elaborations are presented on the subject of women’s rights and
obligations. Similarly, detailed guidance and insight into this very topic is
given in many Hadith (sayings of the Holy Prophet Muhammad (PBUH) ). In
addition, they are supposed to have some more rights in relation to their
various roles which they perform as mother, sister, daughter and wives in the
society. These rights are closely associated to their responsibilities in an
organized manner. These Islamic assertions and specifications about women's
rights provides a broader frame work which needs to be utilized for upholding
the status of women in Muslim societies.
The history
tells us that in ancient times women were given second grade citizen status and
mistakenly the scholars of the time had approved their inferior position. This
false concept had a negative impact on the status of women as reflected in the
literature. For instance, it is believed that the first woman was created from
the rib of Adam or she was created for the purpose of pleasing men. Similarly,
it is believed that women are the cunning creature and characterized by
deceitfulness which is falsely attributed to the Quranic verse in Surah Yusuf,
which refers to the incident that took place between the Prophet Yusuf (PBUH)
and Zulekha, the wife of the Aziz of Egypt. The reality, needs deep
investigation.
Right
as a Witness According to The HOLY QURAN
Islam has given clear guidelines to its followers
including both women and men to record their testimony whenever it is required.
Allah has said in the HOLY QURAN
Translation:
―The witnesses should not refuse when they
are called on (for evidence). ( AL Baqarah 282)
At
another place the holy Quran states:
Translation:
―
O you who believe! Stand out firmly for
Allah, as witnesses to fair dealing, and let not hatred of others to you make
you swerve to wrong and depart from justice. Be just: that is next to piety,
and fear Allah for Allah is well acquainted with all that you do. (Al-Maidah 8)
Similarly
in Surah Nisa Allah asks the pious
Muslims:
Translation: ―O you who believe! Stand out firmly
for justice, as witnesses to Allah, even as against yourselves, or your
parents, or your kin, and whether it is (against) rich or poor: for Allah can
best protect both. Follow not the lusts (of your hearts) lest you swerve and if
you distort (justice) or decline to do justice, verily Allah is well Acquainted
with all that you do.
(Al-Nisa 135)
The above mentioned verses
declare all Muslim women and men equally competent to appear before the court
for recording their testimony.
This
in turn helps
the courts to do justice, provide relief to the oppressed while upholding all
other Islamic injunctions aiming to address heinous crimes in the society. In
another verse that prove the equal validity of a female and male when a
disputes between spouses occurs is:
Allah has said
Translation:
And for those who accuse their wives, but
have no witness except themselves, let the testimony of one of them be four
testimonies (i.e. testifies four times) by Allah that he is one of those who
speak the truth. And the fifth (testimony should be) the involving of the Curse
of Allah on him if he be of those who tell a lie (against her). But she shall avert
the punishment (of stoning to death) from her, if she bears witness four times
by Allah, that he (her husband) is telling a lie. And the fifth (testimony)
should be that the Wrath of Allah be upon him her if he (her husband) speaks
the truth. (Al- Noor 6-9)
This
verse was revealed in order to provide guidance to resolve disputes between
wife and a husband in their personal and family matters. In such case a husband
witness is required to testify four times and the fifth time the husband shall
say that: “a curse is upon me if I had told a lie”. Against this the wife is
also required to testify four times and the fifth time she shall say that “a
curse be upon me if had her husband told the truth.” Upon reaching to this
point the testimony of wife dominates the testimony of her husband and the Qazi
(Judge) is obliged to issue verdicts in favor of women while ordering
separation or divorce. However, some Muslims jurists believe that the witness
of the women is not acceptable in Hadood cases until two of them testify
together with a male witness. They cite the following verse in support of their
arguments:
Translation:
And if there are not two men (available), then a man and two women, such as
you agree for witnesses, so that if one of them (two women) errs, the other can
remind her
(Al-Baqarah
282).
The
traditional scholars generally interpret the verse in a strict sense and apply
it to other matters of life including loan and business matters as discussed in
the verse. The liberal scholars disagree with the interpretation on the
following grounds:
the verse mainly explain a principal that
how to regulate business matters
It is not addressing court
It can’t be applied to other spheres of
life particularly where circumstantial evidence is required
The verse didn’t say in any way that the witness of two women’s equal to a man
rather it say that if one errs the other will remind.
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