Dought & clear, - He gave false witness – what should he do?.

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In 1408 AH there was an accident when the car which my brother was driving overturned. There were four people with him, two of whom died. All were unmarried. The family of the first forfeited the diyah (blood money) and did not take it. The father of the second took the full amount of diyah. The mother of the dead boy had died giving birth to him, and he was young, He had a paternal grandmother and a maternal grandmother. They were not given the diyah, because when the court ruled that diyah should be paid, they asked for witnesses to state whether he had heirs other than his father, and I was one of the witnesses. We testified that he had no heir apart from his father, because we were afraid that the court might demand that the grandmothers, who were very old, attend court, and because we were unaware of the rights of inheritance.
What do I have to do, knowing that the father of the one who died is poor and has nothing?
Praise be to Allaah.
Undoubtedly you have dome something which is a major sin, namely giving false testimony or bearing false witness, especially since it has caused the loss of rights of some of the heirs of the deceased.
It was narrated that Abu Bakrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Shall I not tell you of the greatest of major sins?” We said, “Yes indeed, O Messenger of Allaah.” He said, “Associating others with Allaah (shirk) and disobedience towards parents.” He was reclining, but then he sat up and said, “And false speech and false witness, and false speech and false witness,” and he kept on saying it until I thought he would never stop.
(Narrated by al-Bukhaari, 5631; Muslim, 87).
So we say to the brother who asked this question: if the father has given the two grandmothers their share of the inheritance, then you have to repent and seek forgiveness from Allaah for having given false witness, but you do not have to go to the court and announce that. You have to conceal that which Allaah has concealed.
But if the father took all the money himself and did not give the grandmothers their rightful share, then you must try to convince him to give them what is their due. If he does that, then all well and good, otherwise you have to go to the court, tell them that you lied, and suffer the consequences of your sin. In this way you will restore to people what is rightfully theirs.
There is no expiation for false witness apart from repentance and restoring people’s rights, if that false testimony resulted in depriving others of what was rightfully theirs.
The judge or qaadi has the right to impose whatever ta’zeer punishment he sees fit for the one who bore false witness.
And Allaah knows best.

- PUBLISHERNajimudeeN M

Dought & clear, - Why is the witness of one man considered to be equal to the witness of two women?.

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Why is the witness of two women considered to be equal to the testimony of one man?
Praise be to Allaah.
What is meant by witness or testimony is something by which the thing testified may be proven and known to be true and correct, so it is information about it. With regard to the witness of two women being equal to the testimony of one man. Allaah has mentioned the wisdom behind specifying the number of two as being that a woman may forget or get confused, so the other woman can remind her, as He said:
“…And get two witnesses out of your own men. 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 2:282 – interpretation of the meaning]
With regard to the phrase, “that if one of them (two women) errs”, Ibn Katheer said: “This means, the two women, if one of them forgets the testimony, then ‘the other can remind her’, i.e., she can remind her about the matter concerning which testimony is being given.” (Tafseer Ibn Katheer, part 1, p. 724)
Allaah has commanded the testimony of two women so as to be sure that they remember, because the mind and memory of two women takes the place of the mind and memory of one man. (SeeI’laam al-Muwaqqa’een, part 1, p. 75).
This does not mean that a woman does not understand or that she cannot remember things, but she is weaker than man in these aspects – usually. Scientific and specialized studies have shown that men’s minds are more perfect than those of women, and reality and experience bear witness to that. The books of knowledge are the best witness to that; the knowledge which has been transmitted by men and the ahaadeeth which have been memorized by men far outnumber those which have come via women.
This has to do with gender, i.e., the gender of men is more perfect than the gender of women. Allaah says (interpretation of the meaning):
“Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they spend (to support them) from their means. Therefore the righteous women are devoutly obedient (to Allaah and to their husbands), and guard in the husband’s absence what Allaah orders them to guard (e.g. their chastity and their husband’s property)”
[al-Nisaa’ 4:34]
Nevertheless, there are some women who are far superior to men in their reason and insight, but they are few, and the ruling is based on the majority and the usual cases.
A woman may compensate for her weaknesses by striving hard, and surpass men when they are negligent. Hence we find that in some colleges, female students surpass male students because of their greater efforts and their keenness to succeed when many of the male students are negligent and are not eager to learn. A man may also excel over a woman in some fields that are basically hers, so we find that some of the most skilled chefs, tailors, cosmeticians and obstetricians on the international level are men. The point is that usually – and no wise person would dispute this – most of the prominent people in the religious sciences, such as fiqh, hadeeth, tafseer, ‘aqeedah and preaching, and in the worldly sciences such as medicine, astronomy, engineering, physics, chemistry, etc. are men.
If we think about the western societies in which men and women are regarded as equal in all aspects, we will find that despite that men still prevail. Still, Allaah has given women pre-eminence and has favoured them over men in some aspects, such as caring for children, and showing patience, love and compassion towards them, and managing the home. Hence the sharee’ah gives custody to them, for the mother is the first school, from which the future men, leaders of the world and scholars of the ummah graduate. What virtue can be greater than this?
Islam encourages special care for the mother and her children, and enjoins upon children to honour their mother, treat her kindly and give her preferential treatment above the father. It was narrated that Abu Hurayrah said: “A man said, ‘O Messenger of Allaah, who among the people is most deserving of my good companionship?’ He said, Your mother, then your mother, then your mother, then your father, then those who are closest in order of closeness.’”(Narrated by Muslim, 2548). What greater honour can there be than this?
So let everyone work in his or her field of specialization. Men should not interfere in pregnancy and breastfeeding, and women should not be involved in jihad, fighting the enemy, or holding the positions of khaleefah or ruler. Whatever is permitted to both of them should be done within the guidelines of sharee’ah, such as not allowing free mixing of the sexes and not neglecting other duties such as those of husbands and wives.
And Allaah is the Source of strength.

- PUBLISHERNajimudeeN M

For children, - Bohlool and the Khalifa's Food, Bohlool Jokes, Bohlool and Humor, Islamic Jokes

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It is said that Abbasid Caliph Harun Al-Rashid sent some food to Bohlool, in the hope of drawing him towards himself with this benevolent act.
His servant brought the food to Bohlool, put it in front of him, and said, "This is the Khalifa's special food, he has sent it to you to eat."
Bohlool placed the food in front of the dog that was sitting in the ruins of the place. The servant screamed, "Why did you give the Khalifa's food to the dog!"
Bohlool said, "Be quiet! If the dog hears that the Khalifa sent this food, it won't eat it either."

- PUBLISHERNajimudeeN M