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1. WHY TWO FEMALE WITNESS?

(Q) As-Salam-Alaikum - Sultan Kazi, I am in service - I would like to pose a certain


question to Dr Zakir Naik. For evidence given to prove evidence, why are there
two female witness, against one male witness?

Answer:
The brother asked a very important question, that why are 2 women witness, equal to one
witness, in Islam. 2 women witnesses are not equal to one man witness - 2 women
witness are not equal to one man witness, in all the cases - only in certain cases. There are
at least 5 Verses in the Quran, which speak about the witnesses, without specifying male
or female - In one place there is an indication, in which two women witnesses is equal to
one witness of man, and that is in
i. SURAH BAQARAH, CH. NO. 2, VERSE NO. 282: FOR FINANCIAL
TRANSACTION-
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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 god that teaches you. and Allah is well acquainted with all things.
which happens to be the longest Verse of the Quran. It says that... When you involve in
financial transaction, in which future obligations are there, reduce them in writing, and
take 2 witnesses among the men. If can not find 2 men witnesses, take one man, and 2
women, so that if one of them gets confused, the other will remind her - This Verse of the
Quran, Surah Baqrah, Ch. No. 2, Verse No. 282, only deals with financial aspects. Only
in financial aspects, it is said that take 2 men as witnesses, preferable - only if you can not
find 2 men as witnesses, take one man, and 2 women.
Let me give you an example, for a better understanding - Suppose a person wants to
undergo a surgery, he wants to go under an operation but natural he would prefer taking
the advice of 2 qualified surgeons. If he cannot find 2 qualified surgeons, he would take
the advice of one qualified surgeon, at least backed with 2 normal general practitioners,
who have got a normal M.B.B.S. degree, because a surgeon is more qualified in the filed
of surgery, as compared to a plain M.B.B.S. doctor. In the same fashion, since the
responsibility of the financial aspects, has been laid on the shoulders of the man, in Islam,
he is more well Versed in finance, as compared to the women - That is why the best
option for witnesses in financial transactions, is 2 men. If you can not find 2 men, then
one man and 2 women. Again, if you read in
ii. SURAH MAIDAH, CH. NO. 5, VERSE NO. 106: FOR DEATH TWO MAN
WITNESS-
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106. O ye who believe! when death approaches any of you, (take) witnesses among
yourselves when Making bequests,- two just men of your own (brotherhood) or others
from outside if ye are journeying through the earth, and the chance of death befalls
you (thus). if ye doubt (Their Truth), detain them both after prayer, and let them both
swear by Allah. "We wish not In This for any worldly gain, Even though the
(beneficiary) be Our near relation: we shall hide not the evidence before Allah. if we
do, then Behold! the sin be upon us!"it says that... Anyone writes a will of inheritance,
take two men as witnesses - Again dealing with financial transactions, men are pre-
ferred. Some of the Jurists say that Even while giving witnesses in cases of murder, the
feminine nature may obstruct her, and she may get scared in cases of murder - That is
why even in cases of murders, 2 women witness are equal to one witness of man. Only
under these 2 conditions of finance and cases of murder, are two women witness,
equal to one. Some of the scholars say, No, Islam says, one place in Surah Baqrah, Ch.
No. 2, Verse No. 282, that Two women equal to one man - Therefore under all circum-
stances 2 women is always equal to one man. Let us analyze, as I said let us analyze the
Quran as a whole. If you read the Quran, in
iii. SURAH NUR, CH. NO. 24, VERSE NO. 6: ONE WOMEN WITNESS IS
ENOUGH-
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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; it states
that If any of you put a charge against your spouse, and if they have no evidence, if
they have no evidence, their solitary evidence is sufficient. Means, if a husband wants to
put a charge against the wife, the wife has to put a charge against the husband - if they
have got no witnesses, their solitary evidence is sufficient. This Verse clearly indicates
that one woman witness, is equal to one witness of man. There are several cases, which
the Jurists agree that even in cases of sighting of moon, one woman witness is sufficient.
Some Jurists say that In the beginning of Ramzan, one witness is required - At
the end of Ramzan, two witnesses are required - It does not make a difference,
whether they are man or woman. There are certain cases in which mans witness
cannot be accepted only womans witness is accepted. All are waiting for the answer,
I believe. Suppose you want to give a witness for the burial bath of a woman - After a
woman dies, the witness for a burial bath, can only be given by a woman. And only in
extreme cases, when you cannot find women, then can the husband give, the witness - so
here the woman witness is preferable - Hope that clarifies your doubt, brother.

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