Why is a Woman’s Testament Half of a Man in some Cases?
As a corollary to the above-mentioned facts, it was natural for a man to be charged with the responsibility of supervision in his family and this makes him entitled to a greater weight in voting. For instance, the chairman’s vote has a special weight. In addition to that, because of man’s greater freedom to move around the environment and because he is less emotionally and physically stronger, he becomes more suitable to attest in some cases, especially in cases that may endanger the witness.
However, there are cases where a female’s testament is equal to or more valuable than a male’s testament. For example, even in learning the religious teachings, which are of utmost importance, Muslims took some of their knowledge from the wives of the Prophet Muhammad (PBUH) and studied at the hands of some prominent female teachers. In others, women are more qualified to attest, and their testament is weightier, such as in purely female affairs. Similarly, in some cases, only men are qualified for testament.
As a matter of fact, in some secular or man-made laws, the female is considered more qualified to take care of the children. In the USA, for example, when the parents are separated usually, the children are given to the mother’s custody. Here we do not say that the law discriminates against men or vice versa. The question is: who is more appropriate for the case we have on hand?
After all, the verse that is quoted to support the case that a woman’s testimony is half of a man’s testimony reads: “O you who believe if you deal with each other in transactions involving obligations in a fixed period reduce them to writing and get two witnesses out of your men. And if there are no 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.” (Holy Quran 2:282)
In other words, the verse may be considered a recommendation for the parties involved, rather than a judgment. What confirms this fact is that the testimonies accepted by judges in court could differ. For example, a judge may reject the testimony of a man who is a relative to the plaintiff and accept the testimony of a non-relative woman.
Why Does a Female Inherit Half of the Male in Some Cases?
As we mentioned before, Islam has assigned man as the head of the household. But it did not give him this authority without burdening him equally with extra responsibilities. At the top of these responsibilities is to provide his family with a decent standard of living within his capabilities and with varied degrees of obligation depending on the type of authority. His close family includes his wife and children. Sometimes, it could mean his parents who are unable to work as well as his younger brothers and sisters or unmarried sisters.
On the other hand, Islam did not burden the female with these responsibilities, even regarding her parents and their helpless children. Even a rich wife is not required to support her poor husband or family. Therefore, Islam forbids the husband to pay from his obligatory charity, Zakat, to his wife or children, because his duty to provide them with a decent means of living comes before paying Zakat For Zakat should only be paid to some fixed categories: those who collect it, the poor or a wayfarer who runs out of money.
“As-Sadaqat" [here it means Zakat] is only for the poor and those employed to collect the Zakat, and to attract the hearts of those who have been inclined inwards towards Islam and to free the captives and for those in debt and for the cause of Allah, and a wayfarer, a traveler who runs out of his money; a duty imposed by Allah”. (Holy Quran 9:60)
In Islam, the woman has her independent legal identity, and she maintains that after marriage. Before marriage, she was the daughter of her father, and after marriage, she is still the daughter of her father. She does not have to change her family name after getting married, unlike the case in Western culture, where she must change her family name as if she were the property of her father’s family and then becomes the property of her husband’s family. She has full control of her properties before and after marriage, whether she owned them before or after marriage. She is also entitled to hire her husband or any other person to manage her business on her behalf.
Islam also grants a woman some free or semi-free services in addition to burdening the man with financial responsibility. In return, Islam gives the male twice as much of what it gives his female counterpart (the wife or the sister) of the inheritance. In other words, only in some cases, males receive twice as much as females. If we ponder on just one single verse of inheritance, we soon recognize that this increase is bound to financial responsibility.
“Allah commands you as regards to your children’s inheritance; to the male a portion equal to that of two females. If there are only daughters, two or more, their share is two-thirds of the inheritance, if only one, her share is half. For parents, the sixth share of inheritance to each of the deceased left children. If no children and the parents are the only heirs, the mother has a third, if the deceased left brothers or sisters, the mother has a sixth. In all cases, after the payment of legacies, he may have bequeathed or debts. You don’t know which of them, whether your parents or your children are nearest to you in benefit. These fixed shares are ordained by Allah.” (Holy Quran 9:60)
It is clear from this verse that an only female child inherits half of her father’s inheritance alone, and the rest is divided among all other relatives, whether they are males or females. The two daughters inherit two-thirds of the inheritance. And the rest is divided between the other heirs.
Inheritance should not be the only financial source of income for any human being. For Allah has bestowed men and women with many gifts, which make them capable of earning their living, and distinguished each of them with qualities essential for the survival of human communities. As for those who have been deprived, wholly or partially, of these capabilities, Allah has made the community responsible for them. Islam assigned their share in the properties of the wealthy (the zakat), in addition to the responsibilities of the Muslim state to provide for them from the public treasury. It also encouraged the prosperous members of the community to pay charity in addition to zakat.
In the West, if women demanded equality in inheritance, it is quite reasonable since her financial responsibility is equal to her male counterpart. It is her right, especially if the law divides the property of the divorced couple into two halves, regardless of who contributed most to acquiring these properties.
Why a Woman Cannot Marry without a Male Guardian?
A woman cannot marry herself without the approval of a guardian because in Islam, before marriage, her father, her brother, or her son takes care of her, including the living expenses. If the marriage fails, she goes back to her father’s care. Furthermore, if the divorced husband fails to pay for his children, the burden goes back to her guardian too. However, some scholars permit a woman to marry without a male guardian, in certain cases.
Divorce is in the hands of the man because the man is the one who usually proposes marriage usually, pays the marriage expenses, including gifts for his wife, housing, and furnishing. The woman receives a dowry, which ranges from a symbolic gift to thousands of US dollars or Euros. On top of that, the husband should provide her with a decent living, including clothing, housing, and medical expenses. If the marriage fails, it is he who pays the alimony and is required to pay for his children’s support, which includes their educational expenses. In addition to that, the more emotional a person is the less thoughtful and sensitive to the results of a wrong decision whether it is in marriage or divorce.
Furthermore, the man of the house is like the government in a country and is held responsible for the misconduct of his house members. Therefore, Islam gave him some authority and means to discipline the family members who go astray and endanger the peace of the house. Among these means is, as the last resort, some types of physical punishment, which should not cause humiliation such as a slap on the face or contradicts the mutual love and care that, naturally, exists between married couples. In light of all these facts, the husband usually looks at divorce more seriously than the wife, especially if he is aware that divorce is the most hateful act to Allah among the permissible things. (Sunan Abu Dawood)
On the other hand, if necessary, a wife can acquire divorce through the courts and keep the dowry for her husband’s failure to fulfill his essential duties. She can also buy her way out by paying back her dowry, or, sometimes, by paying part of the marriage expenses.
Conclusion
In Islamic law, the roles of men and women are not strictly defined by gender but are influenced by societal norms, cultural practices, and individual circumstances. While men are generally considered the heads of households, women also have significant rights and responsibilities. The concept of a woman's testimony being half that of a man is not absolute and can vary depending on specific contexts. Similarly, inheritance rights and the decision-making process in marriage are influenced by various factors, including societal roles, financial obligations, and individual circumstances. It's important to consider these nuances when interpreting Islamic law and its application in contemporary society.
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