The Legal/Political Aspect

The Legal/Political Aspect
1. Both genders are entitled to equality before the law and courts of law. Justice is
genderless.
Most references to testimony (witness) in the Qur'an do not make any reference to
gender. Some references fully equate the testimony of males and female.
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; And the fifth
(oath) (should be) that they solemnly invoke the curse of Allah on themselves if they tell
a life. But it would avert the punishment from the wife is she bears witness four times
(with an oath) by Allah that (her husband) is telling a lie; And the fifth (oath) should be
that she solemnly invokes the wrath of Allah on herself is (her accuser) is telling the
truth. (Qur'an 24:6-9)
One reference in the Qur'an distinguishes between the witness of a male and a female. It
is useful to quote this reference and explain it in its own context and in the context of
other references to testimony in the Qur'an.
O you who believe! When you 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 the 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 you 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 just in the sight of Allah
more suitable as evidence and more convenient to prevent doubts among yourselves; but
if it be a transaction which you carry out on the spot among yourselves there is no
blame on you if you reduce it not to writing. But take witnesses whenever you make a
commercial contract; and let neither scribe nor witness suffer harm. If you do (such
harm) it would be wickedness in you. So fear Allah; for it is Allah that teaches you.
And Allah is well acquainted with all things. (Qur'an 2:282)
A few comments on this text are essential in order to prevent common
misinterpretations:
a) It cannot be used as an argument that there is a general rule in the Qur'an that the
worth of a female's witness is only half the male's. This presumed "rule" is voided by
the earlier reference (24:6-9) which explicitly equates the testimony of both genders in
the issue at hand.
b) The context of this passage (ayah) relates to the testimony on financial transactions
which are often complex and laden with business jargon. The passage does not make a
blanket generalization which would otherwise contradict 24:6-9 cited earlier.
c) The reason for variations in the number of male and female witnesses required is
given in the same passage. No reference was made to the inferiority or superiority of
one gender's witness or the other's. The only reason given is to corroborate the
female's witness and prevent unintended errors in the perception of the business deal.
The Arabic term used in this passage (tadhilla) means literally "loses the way," "gets
confused or errs." But are females the only gender that may err and need corroboration
of their testimony. Definitely not, and this is why the general rule of testimony in
Islamic law is to have two witnesses even if they are both males. This leaves us with
only one reasonable interpretation that in an ideal Islamic society as envisioned by
Islamic teachings the female members will give priority to their feminine functions as
wives, mothers, and pioneers of charitable works. This emphasis, while making them
more experienced in the inner function of the family
and social life, may not give them enough exposure and experience to business
transactions and terminology, as such a typical Muslim woman in a truly Islamic society
will not normally be present when business dealings are negotiated and if may present
may not fully understand the dealings. In such a case, corroboration by two women
witnesses helps them remind one another and as such give an accurate account of what
happened.
d) It is useful to remember that it is the duty of a fair judge, in a particular case, to
evaluate the credibility, knowledge and experience of any witness and the specific
circumstances of the case at hand.
2. The general rule in social and political life is participation and collaboration of males
and female in public affairs:
The believers, men and women, are protectors one of another; they enjoin what is just
and forbid what is evil: they observe regular prayers, practice regular charity, and obey
Allah and His apostle. On them will Allah pour His mercy: for Allah is Exalted in
power, Wise. (Qur'an 9:71)
3. Now there is sufficient historical evidence of participation by Muslim women in the
choice of rulers, in public issues, in lawmaking, in administrative positions, in
scholarship and teaching, and even in the battlefield. Such involvement in social and
political affairs was done without losing sight of the complementary priorities of both
genders and without violating Islamic guidelines of modesty and virtue.
4. There is no text in the Qur'an or the Sunnah that precludes women from any position
of leadership, except in leading prayer due to the format of prayer as explained earlier
and the headship of state (based on the common and reasonable interpretation of
Hadeeth).
The head of state in Islam is not a ceremonial head. He leads public prayers in some
occasions, constantly travels and negotiates with officials of other states (who are mostly
males). He may be involved in confidential meetings with them. Such heavy
involvement and its necessary format may not be consistent with Islamic guidelines
related to the interaction between the genders and the priority of feminine functions and
their value to society. Furthermore, the conceptual and philosophical background of the
critics of this limited exclusion is that of individualism, ego satisfaction, and the
rejection of the validity of divine guidance in favor of other man-made philosophies,
values, or "ism." The ultimate objective of a Muslim man or woman is to selflessly
serve Allah and the ummah in whatever appropriate capacity.
Conclusion:
1. Textual injunctions on gender equity and the prophetic model are sometimes
disregarded by some if not most Muslims individually and collectively. Revision of
practices (not divine injunctions) is needed. It is not the revelatory Qur'an and the
Sunnah that need any editing or revision. What needs to be reexamined are fallible
human interpretations and practices.
2. Diverse practice in Muslim countries often reflect cultural influences (local or
foreign), more so than the letter or spirit of the Shariiah.
3. Fortunately, there is an emerging trend for the betterment of our understanding of
gender equity, based on the Qur'an and Hadeeth, not on alien and imported un-Islamic
or non-Islamic values and not on the basis of the existing oppressive and unjust status
quo in many parts of the Muslim world.