2:282 O You who have chosen to be graced with belief! When you transact a loan for any period, you shall write it down. An impartial scribe shall do the writing. No scribe shall decline to perform this duty, and write as Allah has taught him. The debtor, or in case he or she is incompetent, his representative shall dictate the document honestly and be mindful of his Lord, and diminish not the amount. There shall be two men among you to witness the transaction. If two men are not available, let there be one man and two women as witnesses. All witnesses should be such that their testimony is acceptable to all. (The second woman will not be a witness in the court of law). She is there only to remind the first woman if she forgets. It is the obligation of the witnesses to testify when called upon to do so. Do not tire of writing the details, no matter how long, including the time of repayment. This is equitable in the Sight of Allah, assures better witnessing, and eliminates any doubts you may have. When it is actual merchandise that you transfer among yourselves from hand to hand, there is nothing wrong for you if you write it not, but have it witnessed. The scribe and the witnesses must be held harmless for their services. If you harm them, it would be wickedness on your part. If you follow Allah's Commands He will increase you in knowledge. These are the Injunctions of Allah Who is the Knower of all things; intentions, events and actions.
Salaam,
In the above verse, is it not being implied that woman have inferior memory skills than men? What are the apologetics for this verse?
Two Women's shahada equal to One Man?
-
Drcheema
- Posts: 50
- Joined: Sun Dec 24, 2006 5:45 am
- Contact:
Two Women's shahada equal to One Man?
salamun alaikum
Dear Brother Musawwar
Please read the rendtion carefully and also consult the arabic text. The ayah under discussion does not identify women to have inferior memory.
It also requires two men to be witness, would you say that one man is not reliable. WHy two men?
ON the other hand the word used "tadhilla" which does not mean "forgetfull" but a state of mental confusion or when someone gets perplexed. The women no matter of what age, era or culture or race are raised in a male dominanat society. Even the western women who are thought to be very indepandant do get confused in stressful situations. Its because they are raised in such a way to accept the authority of men. IN addition to this , both women are not the witnesses but one. The other one coems into the picture only when the main witness gets perplexed and this other woman sooths her heart and remind her. But this situation is not permanant. If a woman is able to withstand the pressure and stress she alone will be enough. This lack of confidance can be removed and the women of Jannah are presented as follows
56:35 Behold, We have given these women a new being (wholly different from the Age of Ignorance 56:37).
56:36 And made them of unparalleled virtue.
[‘Abkara’ = Of matchless virtue. 'Abkara' has always been incorrectly translated as ‘virgins’ (with the sole exception of Allama G. A. Parwez. Qamoos and Raghib among the ancient experts of the Quraish dialect give it the correct meaning rendered here, as they cite several examples from ancient Arabic poetry). Interestingly, this is very similar to the wrong translation of ‘a maiden’ to ‘a virgin’ from Greek to English relating to Mary]
56:37 Eloquent, made of the same mettle, harmonious, blending well in the society.
(‘Urub’ from ‘Arabi’ = Eloquent. ‘Turab’ = Dust = Harmonious = Of the same mettle = Well-blended 43:18, 78:33).
So with training in an Islamic republic when women will not be treated differently , they will become eloquent and able to express themselves without reluctance.
The bottom line is this ayah does not prove women as inferior beings but takes the circumstances into account when a "Jannati society" is nto established yet.
By the way, did you also notice, this ayah is stressing on committing the transactions into writting. How could Rasool leave Quran unwritten and uncompiled? THINK
Regards
Dear Brother Musawwar
Please read the rendtion carefully and also consult the arabic text. The ayah under discussion does not identify women to have inferior memory.
It also requires two men to be witness, would you say that one man is not reliable. WHy two men?
ON the other hand the word used "tadhilla" which does not mean "forgetfull" but a state of mental confusion or when someone gets perplexed. The women no matter of what age, era or culture or race are raised in a male dominanat society. Even the western women who are thought to be very indepandant do get confused in stressful situations. Its because they are raised in such a way to accept the authority of men. IN addition to this , both women are not the witnesses but one. The other one coems into the picture only when the main witness gets perplexed and this other woman sooths her heart and remind her. But this situation is not permanant. If a woman is able to withstand the pressure and stress she alone will be enough. This lack of confidance can be removed and the women of Jannah are presented as follows
56:35 Behold, We have given these women a new being (wholly different from the Age of Ignorance 56:37).
56:36 And made them of unparalleled virtue.
[‘Abkara’ = Of matchless virtue. 'Abkara' has always been incorrectly translated as ‘virgins’ (with the sole exception of Allama G. A. Parwez. Qamoos and Raghib among the ancient experts of the Quraish dialect give it the correct meaning rendered here, as they cite several examples from ancient Arabic poetry). Interestingly, this is very similar to the wrong translation of ‘a maiden’ to ‘a virgin’ from Greek to English relating to Mary]
56:37 Eloquent, made of the same mettle, harmonious, blending well in the society.
(‘Urub’ from ‘Arabi’ = Eloquent. ‘Turab’ = Dust = Harmonious = Of the same mettle = Well-blended 43:18, 78:33).
So with training in an Islamic republic when women will not be treated differently , they will become eloquent and able to express themselves without reluctance.
The bottom line is this ayah does not prove women as inferior beings but takes the circumstances into account when a "Jannati society" is nto established yet.
By the way, did you also notice, this ayah is stressing on committing the transactions into writting. How could Rasool leave Quran unwritten and uncompiled? THINK
Regards
Taseer Cheema,MD
New York
New York
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noman waseem
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Two Women's shahada equal to One Man?
I thought the answer to this question was already explained in one of Dr. Shabbir's books. Doesn't it simply have to do with the fact that men are assigned the roles of the bread winners in society by Allah and are fiscally responsible? Thus, since this verse is largely talking about finance, men are given greater responsibility to this matter, and with greater responsibility comes the expectancy of greater competence in the area of finance.
Noman Waseem
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Dr. Shabbir
- Posts: 1950
- Joined: Sun Dec 24, 2006 12:46 pm
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Two Women's shahada equal to One Man?
This is a marvelous reply from Taseer, Al-Hamdulillah!
Here is QXPiv
2:282 O You who have chosen to be graced with belief! When you transact a loan for any period, you shall write it down. An impartial scribe shall do the writing. No scribe shall decline to perform this duty, and write as God has taught him. The debtor, or in case he or she is incompetent, his representative shall dictate the document honestly and be mindful of his Lord, and diminish not the amount. There shall be two witnesses to the transaction from among your men. If two men are not available, then let there be one man and two women, all of them you satisfactorily consider competent as witnesses - so that even if the witnessing woman gets distracted (for example, by her baby), the accompanying woman may support and remind her. All witnesses should be such that their testimony is acceptable to all. It is the obligation of the witnesses to testify when called upon to do so. Do not tire of writing the details, no matter how long, including the time of repayment. This is equitable in the Sight of God, assures better witnessing, and eliminates any doubts you may have. When it is actual merchandise that you transfer among yourselves from hand to hand, there is nothing wrong for you if you write it not, but have it witnessed. The scribe and the witnesses must be held harmless for their services. If you harm them, it would be wickedness on your part. If you follow God's Commands He will increase you in knowledge. These are the Injunctions of God Who is the Knower of all things; intentions, events and actions.
56:35 Indeed, We have given these women a new being (wholly different from the Age of Ignorance 56:37).
56:36 And made them of unparalleled virtue.
[Abkara = Of matchless virtue = Untouched by vice = Unvitiated. Abkara has always been incorrectly translated as virgins (with the sole exception of Allama G. A. Parwez. Qamoos and Raghib among the ancient experts of the Quraish dialect give it the correct meaning rendered here, as they cite several examples from ancient Arabic poetry.) Interestingly, this is very similar to the wrong translation of ‘a maiden’ into ‘a virgin’ from Greek to English relating to Mary]
56:37 Eloquent, made of the same mettle, harmonious, blending well in the society. [‘Urub from ‘Arabi = Eloquent. Turaab = Dust = Harmonious = Of the same mettle = Well-blended. 43]
From ISLAM AS I UNDERSTAND 7th revised edition:
For your question on witness, please see verse 2:282. First of all, the matter under discussion only pertains to a deed of loan. The verse says that two men (not one) should witness the signing of the document. If two men are not available, then let there be one man and two women, all of them you satisfactorily consider competent as witnesses - so that even if the witnessing woman gets distracted (for example, by her baby), the accompanying woman may support and remind her.
Hence, the second woman will not be a witness in, and she won’t speak to, the court. She will only be there to support and remind in case the witnessing woman gets distracted, let’s say, by her baby.
Here is QXPiv
2:282 O You who have chosen to be graced with belief! When you transact a loan for any period, you shall write it down. An impartial scribe shall do the writing. No scribe shall decline to perform this duty, and write as God has taught him. The debtor, or in case he or she is incompetent, his representative shall dictate the document honestly and be mindful of his Lord, and diminish not the amount. There shall be two witnesses to the transaction from among your men. If two men are not available, then let there be one man and two women, all of them you satisfactorily consider competent as witnesses - so that even if the witnessing woman gets distracted (for example, by her baby), the accompanying woman may support and remind her. All witnesses should be such that their testimony is acceptable to all. It is the obligation of the witnesses to testify when called upon to do so. Do not tire of writing the details, no matter how long, including the time of repayment. This is equitable in the Sight of God, assures better witnessing, and eliminates any doubts you may have. When it is actual merchandise that you transfer among yourselves from hand to hand, there is nothing wrong for you if you write it not, but have it witnessed. The scribe and the witnesses must be held harmless for their services. If you harm them, it would be wickedness on your part. If you follow God's Commands He will increase you in knowledge. These are the Injunctions of God Who is the Knower of all things; intentions, events and actions.
56:35 Indeed, We have given these women a new being (wholly different from the Age of Ignorance 56:37).
56:36 And made them of unparalleled virtue.
[Abkara = Of matchless virtue = Untouched by vice = Unvitiated. Abkara has always been incorrectly translated as virgins (with the sole exception of Allama G. A. Parwez. Qamoos and Raghib among the ancient experts of the Quraish dialect give it the correct meaning rendered here, as they cite several examples from ancient Arabic poetry.) Interestingly, this is very similar to the wrong translation of ‘a maiden’ into ‘a virgin’ from Greek to English relating to Mary]
56:37 Eloquent, made of the same mettle, harmonious, blending well in the society. [‘Urub from ‘Arabi = Eloquent. Turaab = Dust = Harmonious = Of the same mettle = Well-blended. 43]
From ISLAM AS I UNDERSTAND 7th revised edition:
For your question on witness, please see verse 2:282. First of all, the matter under discussion only pertains to a deed of loan. The verse says that two men (not one) should witness the signing of the document. If two men are not available, then let there be one man and two women, all of them you satisfactorily consider competent as witnesses - so that even if the witnessing woman gets distracted (for example, by her baby), the accompanying woman may support and remind her.
Hence, the second woman will not be a witness in, and she won’t speak to, the court. She will only be there to support and remind in case the witnessing woman gets distracted, let’s say, by her baby.
Wassalam,
SA
SA
-
Musawwir
Two Women's shahada equal to One Man?
Salaam,
First of all, thanks to everyone who took time to respond to my query.
I hope I'm not belaboring the question by continuing on..
If my post is in conflict with forum policy in any way, I'd appreciate it if I could be informed as to why it is and since I'm a new member, that my offence would be overlooked at this instance and my post not be deleted.
Dr.Cheema
Quote:
It also requires two men to be witness, would you say that one man is not reliable. WHy two men?
This I don't think is relevant to the question at hand. Even if two men are the standard required, the verse still implies that you need the presence of two women to make up for one missing man.
Quote:
The other one coems into the picture only when the main witness gets perplexed and this other woman sooths her heart and remind her.
I think the implication that women are more susceptibility to "perplexity" , that is to say have less strength of mind, is very unfair.
Quote:
This lack of confidance can be removed and the women of Jannah are presented as follows
56:35 Behold, We have given these women a new being (wholly different from the Age of Ignorance 56:37).
I'm sorry but I don't understand how this verse has anything to do with the issue at hand? Could you please elaborate for me? Are women in the present age possessors of inferior beings? Surely not.
Quote:
So with training in an Islamic republic when women will not be treated differently , they will become eloquent and able to express themselves without reluctance.
The bottom line is this ayah does not prove women as inferior beings but takes the circumstances into account when a "Jannati society" is nto established yet.
Do you mean that once a Jannati society is established, this verse should not longer be applicable? And in opposition of the verse, there should no longer be a second women standing by to remind the first one lest she forgets?
Quote:
By the way, did you also notice, this ayah is stressing on committing the transactions into writting. How could Rasool leave Quran unwritten and uncompiled? THINK
Good point. I agree!
Dr. Shabbir
Quote:
Hence, the second woman will not be a witness in, and she won’t speak to, the court. She will only be there to support and remind in case the witnessing woman gets distracted, let’s say, by her baby.
You mention that this requirement only pertains to the deed of a loan. However, why are any other situations any other different where the witness of men and women are equal? Doesn't the assertion that women can get "perplexed" or "distracted by their baby" come in to play all the time in other witness situations as well? If so, should not a second women always be present to remind the first lest she forgets?
More questions:
If there are no men available, are then two pairs of women required to sign the deed of a loan? What is everyone's opinion on this?
What about the example of the Prophet's first wife Khadija who would be most probably quite comfortable with financial issues, more so than men. Would she require a second lady present along with her self to substitute for a less knowledgable men?
What about the numerous ladies in this world today who are quite financially competent? In an ideal Islamically run society, would this law still apply for them?
Thankyou,
Note: None of my questions are neccessarily directed at people in particular. Anyone can feel free to reply to any issue.
First of all, thanks to everyone who took time to respond to my query.
I hope I'm not belaboring the question by continuing on..
If my post is in conflict with forum policy in any way, I'd appreciate it if I could be informed as to why it is and since I'm a new member, that my offence would be overlooked at this instance and my post not be deleted.
Dr.Cheema
Quote:
It also requires two men to be witness, would you say that one man is not reliable. WHy two men?
This I don't think is relevant to the question at hand. Even if two men are the standard required, the verse still implies that you need the presence of two women to make up for one missing man.
Quote:
The other one coems into the picture only when the main witness gets perplexed and this other woman sooths her heart and remind her.
I think the implication that women are more susceptibility to "perplexity" , that is to say have less strength of mind, is very unfair.
Quote:
This lack of confidance can be removed and the women of Jannah are presented as follows
56:35 Behold, We have given these women a new being (wholly different from the Age of Ignorance 56:37).
I'm sorry but I don't understand how this verse has anything to do with the issue at hand? Could you please elaborate for me? Are women in the present age possessors of inferior beings? Surely not.
Quote:
So with training in an Islamic republic when women will not be treated differently , they will become eloquent and able to express themselves without reluctance.
The bottom line is this ayah does not prove women as inferior beings but takes the circumstances into account when a "Jannati society" is nto established yet.
Do you mean that once a Jannati society is established, this verse should not longer be applicable? And in opposition of the verse, there should no longer be a second women standing by to remind the first one lest she forgets?
Quote:
By the way, did you also notice, this ayah is stressing on committing the transactions into writting. How could Rasool leave Quran unwritten and uncompiled? THINK
Good point. I agree!
Dr. Shabbir
Quote:
Hence, the second woman will not be a witness in, and she won’t speak to, the court. She will only be there to support and remind in case the witnessing woman gets distracted, let’s say, by her baby.
You mention that this requirement only pertains to the deed of a loan. However, why are any other situations any other different where the witness of men and women are equal? Doesn't the assertion that women can get "perplexed" or "distracted by their baby" come in to play all the time in other witness situations as well? If so, should not a second women always be present to remind the first lest she forgets?
More questions:
If there are no men available, are then two pairs of women required to sign the deed of a loan? What is everyone's opinion on this?
What about the example of the Prophet's first wife Khadija who would be most probably quite comfortable with financial issues, more so than men. Would she require a second lady present along with her self to substitute for a less knowledgable men?
What about the numerous ladies in this world today who are quite financially competent? In an ideal Islamically run society, would this law still apply for them?
Thankyou,
Note: None of my questions are neccessarily directed at people in particular. Anyone can feel free to reply to any issue.
-
Arnold Yasin Mol
Two Women's shahada equal to One Man?
2 women = 1 man?
By Free-Minds (e-mail: free@free-minds.org)
According to today’s Muslim scholars and leaders, women are not fit to rule or hold any office of significance because God has indicated that they are deficient when compared to men. The Muslim scholars will tell you that in the Quran God has made the testimony of ONE man equal to that of TWO women because women are forgetful and emotionally driven.
Any sane and rational person who has worked or studied with women will know that they can be just as smart, if not smarter, than most of their male counterparts. At the same time, I have yet to find this fictional woman who forgets or whose memory is weaker than a man’s (we all wish this was the case sometimes). Let us examine the verse where all these unequal and sexist conclusions have been drawn:
2:282 O You who have chosen to be graced with belief! When you transact a loan for any period, you shall write it down. An impartial scribe shall do the writing. No scribe shall decline to perform this duty, and write as Allah has taught him. The debtor, or in case he or she is incompetent, his representative shall dictate the document honestly and be mindful of his Lord, and diminish not the amount. There shall be two men among you to witness the transaction. If two men are not available, let there be one man and two women as witnesses. All witnesses should be such that their testimony is acceptable to all. (The second woman will not be a witness in the court of law). She is there only to remind the first woman if she forgets. It is the obligation of the witnesses to testify when called upon to do so. Do not tire of writing the details, no matter how long, including the time of repayment. This is equitable in the Sight of Allah, assures better witnessing, and eliminates any doubts you may have. When it is actual merchandise that you transfer among yourselves from hand to hand, there is nothing wrong for you if you write it not, but have it witnessed. The scribe and the witnesses must be held harmless for their services. If you harm them, it would be wickedness on your part. If you follow Allah's Commands He will increase you in knowledge. These are the Injunctions of Allah Who is the Knower of all things; intentions, events and actions.
The word used in 2:282 which has caused the misunderstanding of the witnessing requirement is 'Tudhil'.
-Khalifa has translated this as: 'biased'.
-Yusif Ali used: 'errs'.
There are also a few translations which used: 'forgets'.
The word for 'forgets' in Arabic is 'Tansa/Nasi'...Thus we can rule out this possibility from the start.
'Dhal' is used in opposition to 'Huda' (guidance)...Thus its prime translation could be 'Misguided'.
"You guide (Tahdi )whom you will, and you misguide (Tidhil) whom you will'.
Its derivative is also used in Sura # 1, Al-Fatiha (Al-Dhaleen) - Those who are misguided.
Another diravitave is 'Dhilal/Dhil' which means 'Shade' (area without complete light).
Thus, looking at 2:282 we can say:
"If you cannot find, then one man and two women FROM WHO'S TESTIMONY IS ACCEPTABLE TO YOU. If one of them is 'Tudhil', then one will remind the other..." (2:282)
Please note that the issue of 'honesty/Biastness' is not at question since the choice of witnesses has to be of people who are already acceptable or honest.
We also said that 'Forgetfullnes' is not a possible translation.
Tudhil = Becomes Misguided / Lost / Shaded.
A clearer undertsanding of 2:282 taes place when we analyze the steps involved:
1. If there is a finacial transaction involving debt between two or more parties and whose repayment will be at a later stage, then it must be documented.
2. The documentation of such a transaction is to be done through an official record keeper or institution.
3. The one who has borrowed the debt will be the one giving the record keeper the details of the transaction as he/she will put his signature or print on the document.
4. If the one who has borrowed is incapacitated for any reason from giving information, then his/her guardian shall take such responsibility.
5. Two witnesses are required to seal the transaction.
6. It is preferable that the two witnesses be males, but if that is not possible then one man and two women will suffice.
7. At the time of testimony ONLY TWO witnesses are required, if one of the women is incapacitated then the other must take her place.
The question we should all ask ourselves is "What would cause one of the women to be 'mis-guided' in her testimony?".
The answer is obvious: the key difference between men and women is their physiology. Women give birth and men don’t, women must rest for a lengthy period after child birth while men don’t, women as mothers must suckle their children while men don't, women have menstrual cycles which incapacitate there movement somewhat while men don’t. These differences exist as a matter of physical fact and have nothing to do with intellegence or will.
It is obvious from the Quran that God calls on TWO witnesses to be present (this is clear from the sequence of words in the verse). God being the knower and creator of all things knows that having one man and one women as a witness is not practical since on the day they are called the women may be incapacitated while the man may not, and since God calls on TWO witnesses, then the chances of having both present becomes much higher when TWO women and ONE man are selected so at the time of calling there are three people to choose from (please note that had God meant that the testimony of ONE man equals TWO women then He would have continued the verse and said: If TWO women and One man are not available then you shall select FOUR women).
This precious Quran speaks of nothing but fairness and equality for both men and women, yet it is the evil wishes of those who have corrupted the religion to turn It into a book that serves their own purposes and desires.
Please note: Other than 'future financial transactions' listed in 2:282, the testimony of 1 woman = 1 man as can be seen:
4:15 Protection of honor and chastity for men and women, both, is the cornerstone of a virtuous society (17:32, 4:24). If any woman or a group of women spread sexual immorality or lewdness in the society, it is required that the appropriate court takes four honorable and reliable witnesses. If their testimony corroborates with other evidence (12:26), confine them to their houses, since immorality is as contagious as good conduct. This confinement would be for an indefinite period, unless such women seek the Way of Allah, such as repentance and amendment, or the singles among them get honorably married.
24:4 (Protecting the honor of a woman is extremely important.) Those who accuse chaste women and then fail to produce four witnesses (the court of law shall order) eighty lashes to such accusers (24:23). And, never in the future accept their testimony. They indeed have drifted away from morality. (Fasiq = One who drifts away from –from what? Will depend on the context).
In-fact, there is even one instance where the testimony of a woman OVERRIDES that of a man!:
24:6 As for those who accuse their wives, but have no witnesses except themselves, then let the accuser call Allah four times to Witness that he is indeed telling the truth.
24:7 And the fifth time, that Allah may reject him if he is telling a lie.
24:8 But punishment shall be averted from her if she calls Allah four times as Witness that he is indeed telling a lie.
24:9 And the fifth time, that Allah may reject her if he is telling the truth.
May God increase our knowledge and grant us wisdom.
By Free-Minds (e-mail: free@free-minds.org)
According to today’s Muslim scholars and leaders, women are not fit to rule or hold any office of significance because God has indicated that they are deficient when compared to men. The Muslim scholars will tell you that in the Quran God has made the testimony of ONE man equal to that of TWO women because women are forgetful and emotionally driven.
Any sane and rational person who has worked or studied with women will know that they can be just as smart, if not smarter, than most of their male counterparts. At the same time, I have yet to find this fictional woman who forgets or whose memory is weaker than a man’s (we all wish this was the case sometimes). Let us examine the verse where all these unequal and sexist conclusions have been drawn:
2:282 O You who have chosen to be graced with belief! When you transact a loan for any period, you shall write it down. An impartial scribe shall do the writing. No scribe shall decline to perform this duty, and write as Allah has taught him. The debtor, or in case he or she is incompetent, his representative shall dictate the document honestly and be mindful of his Lord, and diminish not the amount. There shall be two men among you to witness the transaction. If two men are not available, let there be one man and two women as witnesses. All witnesses should be such that their testimony is acceptable to all. (The second woman will not be a witness in the court of law). She is there only to remind the first woman if she forgets. It is the obligation of the witnesses to testify when called upon to do so. Do not tire of writing the details, no matter how long, including the time of repayment. This is equitable in the Sight of Allah, assures better witnessing, and eliminates any doubts you may have. When it is actual merchandise that you transfer among yourselves from hand to hand, there is nothing wrong for you if you write it not, but have it witnessed. The scribe and the witnesses must be held harmless for their services. If you harm them, it would be wickedness on your part. If you follow Allah's Commands He will increase you in knowledge. These are the Injunctions of Allah Who is the Knower of all things; intentions, events and actions.
The word used in 2:282 which has caused the misunderstanding of the witnessing requirement is 'Tudhil'.
-Khalifa has translated this as: 'biased'.
-Yusif Ali used: 'errs'.
There are also a few translations which used: 'forgets'.
The word for 'forgets' in Arabic is 'Tansa/Nasi'...Thus we can rule out this possibility from the start.
'Dhal' is used in opposition to 'Huda' (guidance)...Thus its prime translation could be 'Misguided'.
"You guide (Tahdi )whom you will, and you misguide (Tidhil) whom you will'.
Its derivative is also used in Sura # 1, Al-Fatiha (Al-Dhaleen) - Those who are misguided.
Another diravitave is 'Dhilal/Dhil' which means 'Shade' (area without complete light).
Thus, looking at 2:282 we can say:
"If you cannot find, then one man and two women FROM WHO'S TESTIMONY IS ACCEPTABLE TO YOU. If one of them is 'Tudhil', then one will remind the other..." (2:282)
Please note that the issue of 'honesty/Biastness' is not at question since the choice of witnesses has to be of people who are already acceptable or honest.
We also said that 'Forgetfullnes' is not a possible translation.
Tudhil = Becomes Misguided / Lost / Shaded.
A clearer undertsanding of 2:282 taes place when we analyze the steps involved:
1. If there is a finacial transaction involving debt between two or more parties and whose repayment will be at a later stage, then it must be documented.
2. The documentation of such a transaction is to be done through an official record keeper or institution.
3. The one who has borrowed the debt will be the one giving the record keeper the details of the transaction as he/she will put his signature or print on the document.
4. If the one who has borrowed is incapacitated for any reason from giving information, then his/her guardian shall take such responsibility.
5. Two witnesses are required to seal the transaction.
6. It is preferable that the two witnesses be males, but if that is not possible then one man and two women will suffice.
7. At the time of testimony ONLY TWO witnesses are required, if one of the women is incapacitated then the other must take her place.
The question we should all ask ourselves is "What would cause one of the women to be 'mis-guided' in her testimony?".
The answer is obvious: the key difference between men and women is their physiology. Women give birth and men don’t, women must rest for a lengthy period after child birth while men don’t, women as mothers must suckle their children while men don't, women have menstrual cycles which incapacitate there movement somewhat while men don’t. These differences exist as a matter of physical fact and have nothing to do with intellegence or will.
It is obvious from the Quran that God calls on TWO witnesses to be present (this is clear from the sequence of words in the verse). God being the knower and creator of all things knows that having one man and one women as a witness is not practical since on the day they are called the women may be incapacitated while the man may not, and since God calls on TWO witnesses, then the chances of having both present becomes much higher when TWO women and ONE man are selected so at the time of calling there are three people to choose from (please note that had God meant that the testimony of ONE man equals TWO women then He would have continued the verse and said: If TWO women and One man are not available then you shall select FOUR women).
This precious Quran speaks of nothing but fairness and equality for both men and women, yet it is the evil wishes of those who have corrupted the religion to turn It into a book that serves their own purposes and desires.
Please note: Other than 'future financial transactions' listed in 2:282, the testimony of 1 woman = 1 man as can be seen:
4:15 Protection of honor and chastity for men and women, both, is the cornerstone of a virtuous society (17:32, 4:24). If any woman or a group of women spread sexual immorality or lewdness in the society, it is required that the appropriate court takes four honorable and reliable witnesses. If their testimony corroborates with other evidence (12:26), confine them to their houses, since immorality is as contagious as good conduct. This confinement would be for an indefinite period, unless such women seek the Way of Allah, such as repentance and amendment, or the singles among them get honorably married.
24:4 (Protecting the honor of a woman is extremely important.) Those who accuse chaste women and then fail to produce four witnesses (the court of law shall order) eighty lashes to such accusers (24:23). And, never in the future accept their testimony. They indeed have drifted away from morality. (Fasiq = One who drifts away from –from what? Will depend on the context).
In-fact, there is even one instance where the testimony of a woman OVERRIDES that of a man!:
24:6 As for those who accuse their wives, but have no witnesses except themselves, then let the accuser call Allah four times to Witness that he is indeed telling the truth.
24:7 And the fifth time, that Allah may reject him if he is telling a lie.
24:8 But punishment shall be averted from her if she calls Allah four times as Witness that he is indeed telling a lie.
24:9 And the fifth time, that Allah may reject her if he is telling the truth.
May God increase our knowledge and grant us wisdom.