Women as witness

  • Uncategorized

Scholarship Description:

Women as witness is open for . The scholarship allows level programm(s) in the field of taught at . The deadline of the scholarship is .

THERE is a general impression today among Muslims that a woman’s act of
witnessing is equal to half that of a man, even though the Muslims have always
accepted authentic hadith reported by women, the foremost among whom was the
Prophet’s (PBUH) wife, Hazrat Ayesha.

The Prophet acknowledged his wife
as a religious authority and as a witness to what he had taught when he said, “Seek half of your religion from Ayesha.” When a woman’s evidence is considered
acceptable in the highest matters of faith, then how can it not be considered
acceptable in a matter of worldly affairs? When the Prophet (PBUH) was
overwhelmed by his first revelation, Hazrat Khadija gave him moral support. In
convincing him that he was indeed capable of being a Prophet of God, she became
witness to his prophethood, thus becoming the first person to accept
Islam.

In the time of the third caliph, Hazrat Usman, when rebels jumped
into his house, his wife Naila was the only person present who not only
witnessed his murder but also tried to resist the attackers and lost three
fingers in the process. As the eyewitness, she was later asked to give an account of the incident. Her witness was considered perfectly complete and legal
by all the companions of the Prophet. An eyewitness is an extremely valuable
witness and cannot be replaced, regardless of gender. It is only in matters of
financial loans that the Quran mentions, “…one man and two women” as witnesses
(2:282). Even in this verse, however, one of the two women is the witness and
the other is there “to remind her” (2:283). But from this verse, Muslim scholars
in later periods concluded that an individual woman is not fit to be a witness,
while others think that even two women without a man are insufficient as
witnesses.

In the time of the Prophet and the rightly guided caliphs,
women were considered bona fide witnesses and authenticators in the most
important matters. Later scholars justified their stance in declaring women as
only half witnesses by saying that the injunctions about legal witnessing in the
Quran are in the second person, plural, masculine gender of the Arabic
language.

The fact is all injunctions in the Quran are in this very
Arabic grammatical form, including instructions to believers about beliefs,
prayers and duties. In Arabic, whenever both men and women are addressed
together this plural masculine form is used as a common gender form, including
both men and women. But many scholars believe that the verse related to
witnessing are somehow an unusual exception to this rule, and insist that in
those the plural masculine ‘kum’ (from amongst yourselves), ‘hum’ (them) and
‘him’ (them or their) refer to the Muslim male alone for
witnessing.

According to Maulana Umar Ahmed Usmani, there are eight
occasions in the Quran where the need to have witnesses is emphasised. In each
of these the masculine gender forms mentioned above, that is, ‘kum’, ‘hum’ or
‘him’ are used: one, regarding divorce (65:2); two, reporting obscenity (4:15),
which should be done by “four witnesses from amongst you”; three, ‘qazf’ or
slander (24:4), it should not mean that only the male slanderers will be
punished and not the female slanderers; four, returning of the wealth of orphans
(4:6), where the reference is to all orphans, both male and female; five, in the
making of a will when travelling (5:106); six, in the challenging of that will
(5:107) by the heirs, who can be both male and female; seven, in ‘lian’, when
the husband accuses the wife of adultery, both have to swear five times each to
support their case (24:6-9). When the wife swears five times, her evidence is
upheld and given priority over his and she is not punished, and eight, in
matters regarding loans it is said: “The witnesses should not refuse when
called” (2:282), implying that the witnesses could be called at any time and any
place.

In the last cited instance it would be difficult for a woman
witness to go alone, so a second woman, who is not a witness, will accompany her
for moral support. Imam Abu Hanifa’s mother asked another woman to accompany her
to court. When she was told that she (the mother) was a perfectly reliable
witness herself, she said that since it was her prerogative to take another
woman along, she would take advantage of it.

Besides this, one woman’s evidence alone about hidden female matters, of which men have no knowledge,is
also considered sufficient. The Prophet gave a judgment in such a case on the
evidence of a midwife alone. Such an act of witnessing is required in a wide
variety of cases, such as those of divorce, establishing pregnancy, paternity
and rape.

Of the eight cited categories, two pertain to eyewitnesses:
only the person present can be the witness. Two are related to inheritance
rights: both men and women can be heirs. In one, the woman’s evidence is given
priority. In one case the available traveller will be the witness. In five cases
the masculine pronouns ‘kum’,‘hum’or‘him’ are used, which refer to all
Muslims,both men and women.Therefore, for most cases which require a witness a
woman can stand alone as one.

In the one case of financial loans, which
seems an exception, she is still the witness, but has the prerogative to take
another woman along for moral support.

Degree Level:

Women as witness is available to undertake level programs at .

Available Subjects:

Following subject are available to study under this scholarship program.

    previous

    Achievement Scholarships for International Undergraduate Students: Engineering and Information Technology, University of Technology Sydney

    next

    Life after death

    oppurtunities according to your interest