The Qur‘an: One Woman Equals to One Man in the Court of Law
By
T.O. Shanavas, New Age Islam
16 May 2024
It is often
argued that some modern interpretations among Muslims have contributed to
Western criticisms of Islam's treatment of women. A common point of contention
is the interpretation of the Quranic verse 2:282, which discusses the testimony
of witnesses. Many interpret this verse to suggest that the testimony of two
women is equivalent to that of one man.
It is
important to challenge and correct any misinterpretations that perpetuate
harmful stereotypes or discrimination. A more careful reading of the verse may
reveal a different meaning, suggesting that cultural interpretations rather
than the text itself may be at the root of such criticisms. By promoting a more
inclusive and equitable interpretation of religious teachings, we can strive
for a more just and compassionate society.
The verse
in question reads, “…but if he who owes the debt is unsound in
understanding, or weak, or (if) he is not able to dictate himself, let his
guardian dictate with fairness; and call in to witness from among your men two
witnesses; but if there are not two men, then one man and two women from among
those whom you choose to be witnesses, so that if one of the two (مِنَ
الشُّهَدَاءِ
) errs
( أَنْ تَضِلَّ ), the second of the two
may remind ( فَتُذَكِّرَ ) the other ( إِحْدَاهُمَا );…-Quran 2:282.”
Verse 2:282
of the Quran discusses the roles of witnesses, and it is often misinterpreted
to suggest that the testimony of two women is required to equal that of one
man. It is crucial to approach religious texts with a nuanced and contextual
understanding, rather than using them to justify discriminatory beliefs. In the
case of Verse, the emphasis is on upholding honesty and integrity in testimony,
rather than on gender inequality.
The text
reveals that the presence of the second woman is not a witness but is intended to ensure accurate recall for the
witnessing woman; she is there to remind the first witnessing woman if she errs
in her testimony. This arrangement is about supporting accurate and truthful
reporting, emphasizing the importance of consciousness and fear of God to avoid
false testimony. Therefore, the medieval misogynistic ruling that one man is
equal to two women in terms of witness in Islam is a misguided interpretation,
as the text supports equality in the witnessing role.
The Qur'an
acknowledges the reality of male dominance in human societies, a phenomenon not
exclusive to any one culture or era. This is evident even in contemporary
Western societies, including America. In what is considered a free society,
there is still a need, similar to the one addressed in the Quranic verse, for
women to support one another in maintaining truthfulness. Even powerful,
educated, and respected women can be pressured by their spouses to provide
false testimony. Medical professionals often encounter abused women in
emergency rooms and clinics who are hesitant to disclose the true causes of
their injuries and identify those responsible due to fear. This underscores the
continuing relevance of mechanisms that encourage truthfulness and support
among women, as recognized by the Qur'an.
Even in the
highest echelons of power, such as the White House, we find evidence of male
domination affecting the truth. Historical records suggest that President
Nixon's wife suffered an injury resulting from domestic violence. Similarly,
during the Clinton administration, Mrs. Hillary Clinton, despite her legal
expertise and education from Yale, appeared to defend her husband on national
television over allegations involving Monica Lewinsky, which many viewed as
demeaning to her dignity and to women in general. She publicly stated that he
was “innocent” concerning his involvement with Monica.
These
examples highlight how even in a society that prides itself on freedom and
equality, powerful women can be compelled to distort the truth under male
pressure. If such scenarios are evident in the lives of prominent women in
America, one can only imagine the challenges faced by less empowered women
globally, especially at the time of the revelation of the Qur’an.
The Quranic
verses, when read in conjunction with such real-life examples, illustrate the
wisdom in having a supportive witness to remind one of the importance of
God-consciousness and truthfulness in testimony. This guidance considers the
realities of human psychology and the societal pressures that can influence
personal integrity.
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T.O. Shanavas is a native of Kerala, but is now
based in the USA. He is the author of “Islamic Theory of evolution of Evolution
The Missing Link Between Darwin and The Origin of Species.” Co-author of the
book, And God Said, "Let There Be Evolution!": Reconciling The Book
Of Genesis, The Qur'an, And The Theory Of Evolution. Edited by Prof. Charles M.
Wynn and Prof. Arthur W. Wiggins.
URL: https://www.newageislam.com/islam-women-feminism/quran-equals-man-court-law/d/132326
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