Testimony of Women

Allah, the Exalted, stated in the Glorious Qur'an:
(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.)
[2:282]
Allah clarifies to assure the rightsof others that testimonies will
not be valid unless two men, or one man and two women offer them.
Divine wisdom has granted women, in general, very sensitive emotions,
tender feelings, and a predisposition towards care and love of other
members of the family. This makes a woman capable of her natural task
of childbearing, nursing, taking careof all the needs of the young
child, etc. Based on these emotional characteristics of the woman, she
might very well follow her emotional inclinations and swerve from
harsh realities due to an emotional involvement in a case. A woman's
loving and kind feelings might overcome what she has witnessed, and
thus she may distort the story of her witness and testimony. At the
same time the biological changes that occur in her body due to menses,
pregnancy, child-birth and post-natal conditions reduce the sharpness
of her memory and may make her forget the details of the issue.
Therefore, a divine precautionary measure was established to eliminate
any shortcoming on a woman's part in any case of testimony. We would
like to point out here one of the essential principles of the legal
and judicial system in Islam, which states that the case is not valid
for proceedings if a doubt arises in the case. Therefore, the strength
of two female witnessesis intended to eliminate this doubt.
Besides testimony that involves other people's rights, Islam has
granted women full financial freedom in terms of independence and
financial decision-making, and made her exactly equal to men in that
regard. However, woman's natural role in life, in raising children and
caring for the family requires her to stay in the home for longer and
extended periods in comparison to men, thus limiting her knowledge and
experience to the affairs she stays involved in most of her life.
It is a false accusation to say that making the testimonies and
witnesses of two women equal to one man in certain cases is an insult
to the woman's intelligence and a dishonor to herintegrity. If that
were the case, a single woman's testimony would, likewise, not be
acceptable in the other affairs of women. Islamic jurisprudence
accepts a woman's testimony in all affairs that are private like in
confirming the virginity of a woman, delivery of a child,
clarification of female sexual defects, and other matters that mandate
examination due to a dispute. At the same time, it must be remembered
that Islamic law rejects a man's lone testimony in the least
significant financial matters such as lending or borrowing funds and
other transactions, since there must betwo. The critically serious
cases, wherein a woman's testimony must be doubled, is established in
order to preserve and prove the rights of individuals in the society
based on the reliability and irrefutability of that testimony.
Note that testimony in the Islamic law in itself is not a privilege
but a burden that many attempt to avoid, and for this reason Allah
(The Almighty) commanded people to offer theirtestimonies and not to
seek to escape or withhold it. Allah (The Almighty) stated in the
Glorious Qur'an:
(And the witnesses should not refuse when they are called on (for evidence).)
[2:281]
The address here is general for both male and female. Many people all
over the world try to avoid becoming a witness, and attempt to escape
involvement inoffering testimonies, because one is required to go to
the court, sit on the witness stand, take an oath to tell the truth,
be cross-examined and many other burdens. Financial and physical
burdens or threats may result from being a witness and offering
testimony. Islam therefore aims at eliminating many of these burdens
from the woman, unless she has a partner who witnesses as she does, in
matters involving many forms of testimony.
A man's single testimony is not acceptable in financial matters, since
there must be two male witnesses to prove the financial right of a
claimant, or one man and two women. We have never heard that anyone
considered this requirement an insult to man's intelligence or
contrary to his rights. This proves that the requirement is for the
protection against false accusations and mistakes. There are some
cases when the testimony of each is totally equal. For instance, the
testimony of a wife is exactly equal to the testimony of her husband
when a husband accuses his wife of committing adultery and he has no
evidence to prove his claim. Allah (The Almighty) stated in the
Glorious Qur'an:
(As for those who accuse their wives, but have no witnesses except
themselves, let them present their testimony four times, that by Allah
he is one of those who speak the truth. By the fifth (testimony, he
invokes) the Curse of Allah on himself, if he is of those who tell a
lie (against her) . She will avert the punishment (of stoning to
death)from her if she bears witness four times by Allah, that he (her
husband) is telling a lie. And the fifth (testimony) should be that
the Wrath of Allah be upon her if he (her husband) is speaking the
truth.)
[24:6-9] - - ▓███▓ Translator:-> http://translate.google.com/m/ ▓███▓ - -

Power to Divorce is with the Husband

In pre-Islamic times divorce was a weapon used against the woman
solely in a man's hands; when he wanted to harm the wife he would seek
to divorce herand then take her back as he pleased. There were no set
rules and the woman had no rights in the matter. So Allah Allah (The
Almighty) invalidated this injustice by revealing the verse which
says:
(Divorce is two times: then one may retain with goodness (and
reasonable terms), or let go with goodness (and reasonable terms).)
[2:229]
As a way to help preserve the marriage even when some differences
occur, a Muslim man following the Sunnah (way)of the Prophet (Peace be
upon Him) mayonly divorce his wife while she is clean from menses
wherein he has not had sexual relations withher in that month. Since
this requires some waiting period before the pronouncement of divorce,
this allows time for any anger to subside or misunderstandings to be
cleared up, and gives time to other familymembers or mediators to help
in reconciliation. If they continue onthe path towards divorce, then
she must wait three menstrual periods. During this time, he may take
her back honorably into marriage. This will be counted as the first
divorce and return. If thetime lapses and he lets her go her way, she
will be fully divorcedfor the first time, and is free to marry another
man.
Her first husband may remarry her with a new contract, if they both
choose that option. If he does, and he then again divorces her, he may
take her back her within the three menstrual periods, and this will be
two divorces and returns. After two divorces and returns, if he
divorces her a third time this is called the final and separating
divorce wherein they are not allowed to remarry unless she waits the
specified time of three menstrual cycles and then freely marries a
different man with no intention of availing herself to this means in
order to be able to lawfully marry her previous husband . If, for any
reason, she becomes divorced from that man, only then, and on the
condition that no shady pre-arranged dealings were made to circumvent
this rule, canshe re-marry her first husband. All these measures are
designed to help protect the family and sanctity of the marriage bond,
and the rights of the man and the woman. The waiting period isto
determine that she is free from pregnancy. In case of pregnancy, the
woman has to wait until after delivery before she marries a second
husband.
Divorce is ultimately allowed in Islam to escape from any harm caused
by the irreconcilable differences. It may become necessary in certain
cases. There are strict rules about divorce to protect the interests
and rights of the parties involved: the husband, wife and children.
Someof them have been mentioned above. Divorce might be forbidden in
the case where it would not solve the problem andcause undue harm to
one of the two marriage partners, without achieving a needed benefit.
Islamic jurisprudence obligates that in order to avoid divorce,
solutions should be sought whencritical disputes and differences occur
between husband and wife; Allah, the Exalted, states in the Glorious
Qur'an:
(And if a women fears cruelty or desertion from her husband, there is
no sin on both of them if they make terms of peace between themselves;
and makingpeace is better.)
[4:128]
Allah, the Exalted, also says:
(If you fear a breach between them appoint two arbitrators, one from
his family and the otherfrom her family: if the two of them both wish
for correction, Allah will cause their reconciliation. Indeed Allah is
Omniscient and Well-Acquainted with all things.)
[4:35]
One of the most natural and logical ways to help maintain a successful
marriage is to let the man have more control over the divorce process
than the woman because it is the man who is financially obliged to
take care of his wife, household and family, and has ultimate
responsibility oftheir welfare. Therefore, he must rationally assess
the situation, grave consequences, and huge financial and emotional
loss that will result from a divorce. The husband will lose the dowry
he spent for the marriage, and will have to pay the alimony and
childsupport, as well as any newly acquired expenses from a new
marriage on top of that. Thus, with all these considerations, he will
not act just out of quick anger, fickleness or passing emotion.
A man is more capable - at least theoretically - of controlling his
flitting emotions and personal reactions when upset about the smaller
issues in life, especially in terms of disputes with his wife. Divorce
should never be a quick reaction for some suffering,
misunderstandings, or differences of viewpoints, but only as a last
resort and final solution when life becomes dangerously problematic
and intolerable, wherein both spouse are afraid that they will not be
able to abide by the limits set by Allah and His Prophet about
respectable behavior with one another.
Islamic jurisprudence permits thewife to have her marriage nullified
upon her request if the husband abuses her physically or verbally. She
is also entitled to have the marriage nullified for the following
general reasons:
1.
if the husband is impotent and cannot perform his marital duties,
2.
or if the husband for any reason, refuses to have sexual relations
with his wife and fulfill her lawful needs,
3.
or is afflicted with a disabling terminal illness after the marriage,
4.
or contracts any type of venereal or reproductive disease that may
harm the wifeor make her lose her desire to be with her husband. Thus,
we see that the woman is given the right to seek separation from her
husband for legitimate reasons in many situations, exactly as the man
has the right to seek divorce. If a wife reaches the extreme limits of
patience and abhors her husband, feeling that life is unbearable, then
she has the right to divorce. This form of divorce is called
annulment, or "Khula" , wherein she pays compensation by returning her
dowry or some other property. A competent Muslim judge will look into
the individual case if the husband refuses to accept the wife's
request and if the request is considered sound and valid, will pass a
judgment in favor of the woman. - - ▓███▓ Translator:->
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Power of Guardianship in the Marriage Contract

In Islamic jurisprudence one requirement for a sound marriage is the
total agreement of the woman concerned.
The Prophet of Allah said (Peace be upon Him):
An "ayyim" (a divorcee or a widow) must not be wedded unless she is
asked, and gives herapproval. And a virgin must not be wedded unless
she is consulted."
It was asked: "O messenger of Allah, How is her permission?"
He said: "If she remains silent."
[Bukhari #4843 & Muslim #1419]
If a woman is coerced into accepting an undesired marriage,she is
entitled to present her casebefore a Muslim judge to seek annulment. A
woman by the name of al-Khansa bint Khadam, who had been previously
married(and was now divorced or widowed), came complaining to the
Messenger of Allah (Peace be upon Him) that her father had forced her
to marry a person she despised. He disapproved and invalidated
it.(Reported by Bukhari #6546)
Another requirement is that she does not give herself in marriage to
anyone without guardianship. Her father, or in case he is not alive,
her grandfather, paternal uncle, brother or even her mature son, or
the ruler of the State, must act as her guardian inthis affair to
assure her rights areprotected and to sign the marriage contract along
with hersignature. His role is to make sure that the groom is sincere
and of standard, that she has a proper dowry, and that two witnesses
testify to the contract which she willfully accepts. All these
measures are to protect her rights and the sanctity of marriage.
The Messenger of Allah (Peace be upon Him) made this perfectly clear
when he said:
"There is no marriage without a guardian."
[Abu Dawood #2058 & Tirmidhi#1101 and verified]
And in another version:
"There is no marriage without a guardian, and the ruler is the
guardian for those who have no guardian." [Ahmad #2260 & Ibn Majah
#1889 and verified ]
Therefore, if she elopes and marries herself, this marriage is
considered unlawful, as the Prophet (Peace be upon Him) declared:
"Any woman who marries without the consent of her guardian, then her
marriage is nullified, then her marriage is nullified, then her
marriage is nullified, and if he has consummated the marriage then she
must receive a dowry from him for what he has made lawful of her
private parts, and if they fall into dispute then the ruler is the
guardian for those who have no guardian."
[Abu Dawood #2083 & Tirmidhi#1102 and verified]
As mentioned above in the rights of daughters, whether a virgin or
otherwise, the right of a woman is to accept or reject any marriage
offer of her own free will. The institution of guardianship is only to
protect her interests. The fact that the ruler or governor becomes her
legal guardian to assure that all is in order and that no criminal
injustice is perpetrated reinforcesthe sacredness of the marriage
contract and the sanctity of her rights in Islam.
Since the woman remains in a position of natural weakness, Islamic
jurisprudence lays down principles and laws to protect herinterests
and welfare and preserve her rights. The father, the mother and other
concerned relatives, if need be, help select the right and most
suitable husband for her, since all seek her happiness and none wish
her to be victim of a failed marriage. The goal of marriage is to
establish an everlasting relationship between a male and a female and
a loving and beneficial home for the children, not mere gratification
of certain desires. Since women are, in general, more emotional than
men and more easily affected andtempted with appearances ratherthan
the deeper realities, Islamic jurisprudence gives the right to the
guardian to refuse and reject proposals if the suitor is not deemed a
sound and sincere match.
Male guardianship in this case is only natural given their role of
authority and responsibility. Moreover, it cannot be denied that men,
being of the same gender, have a better ability to perceive qualities
of other men incertain areas, and are more capable of finding those
characteristics of a man that suit his daughter or the woman under his
responsibility of guardianship. Of course he seeks counsel of the wife
and other concerned females in the processof selection of the
bridegroom. If an appropriate man proposed formarriage and the
guardian refused for no valid reason, then the guardianship can be
contested in the court of law. Theguardianship is then given to the
nearest responsible male relative of the woman, or, in case she hasno
responsible male relatives, theMuslim Judge assumes guardianship.
In the final analysis, the true measurement of a suitable matchin
marriage is the statement of the Prophet of Allah (Peace be upon Him):
"If a person comes to you to propose a marriage and you are pleased
with his religion and morals, then marry him. If you fail to do so,
great affliction will take place on earth, and corruption will be
widespread."
[Tirmidhi #1085 and verified ]
A man with a sound and good understanding of his Islamic commitment,
with good moral standards will honor his wife anddignify her, and
treat her justly with decency even if he does not love her

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Fathwa, - Offering the prayer on a ship is possible

Question
I am a young man who works on a ship. I start my work after the 'Asr
prayer and work until Fajr. I find no time to pray either Maghrib or
'Ishaa' so what should I do in this case? Please respond because we do
not know what to do.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
isHis slave and Messenger.
Establishing the prayer is the second pillar of Islam so it is not
permissible forany Muslim to miss any prayer regardless of his
conditions. He is also not permitted to delay it after the prescribed
time.As for the mentioned case, it is easy to offer prayer as water is
available and it is easy to offer it on board the ship. Therefore,
there is no concession to postpone or combine theprayers unless your
traveling deserves the concession of shortening the prayer. In that
case, you may either make an advanced combining of prayers or delayed.
Ibn Umar narrated that the Messenger of Allaah , was asked about
offering prayer on board a ship. The man said: " How could I offer
prayer on a ship?" The Prophet , replied:"Offer it standing unless you
fear drowning. " [Al-Haakim and classed as Saheeh by Al-Albaani[
Allaah Knows best. - - ▓███▓ Translator:->
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