I wonder whether this is an appropriate place to post this as most muslims are moderates here and this might encourage interpretations that many would disagree with. But still - I would like to hear your opinions on this, or the mention of any scholars who might agree.
Im well aware of the view that a womans testimony being considered half of a man only applies to financial transactions, yet I've still seen scholars asserting that it applies to a lot of matters.1 2 3 I would like to know the answer from their perspective, and heck, even from those who say that it applies to financial matters. What happens when you make an oath there?
Hilal bin Umaiya accused his wife of committing illegal sexual intercourse with Sharik bin Sahma 'and filed the case before the Prophet. The Prophet said (to Hilal), "Either you bring forth a proof (four witnesses) or you will receive the legal punishment (lashes) on your back." Hilal said, "O Allah's Apostle! If anyone of us saw a man over his wife, would he go to seek after witnesses?" The Prophet kept on saying, "Either you bring forth the witnesses or you will receive the legal punishment (lashes) on your back." Hilal then said, "By Him Who sent you with the Truth, I am telling the truth and Allah will reveal to you what will save my back from legal punishment." Then Gabriel came down and revealed to him: - 'As for those who accuse their wives ...' (24. 6-9) The Prophet recited it till he reached: '... (her accuser) is telling the truth.' Then the Prophet left and sent for the woman, and Hilal went (and bought) her and then took the oaths (confirming the claim).
The hadith determines that testimonies and oaths are different - with one's testimony being half of the latter's oath - and that this matter has been discussed in the Qura'an as well.
My mother says that you can make an oath only for yourself, that is, you can only deny or confirm your own actions. But isn't his oath about something his wife did?
The Prophet was saying, "Allah knows that one of you is a liar, so will any of you repent?" Then the woman got up and took the oaths and when she was going to take the fifth one, the people stopped her and said, "It (the fifth oath) will definitely bring Allah's curse on you (if you are guilty)." So she revised and reclaimed (from taking the oath) so much that we thought that she would withdraw her denial. But then she said, "I will not dishonor my family all through these days," and carried on (the process of taking oaths). The Prophet then said, " Watch her, if she delivers a child with eyes that appear to have Kuhl on them, big hips, and fat shins then it is Sharik bin Sahma's child.' (Later) she gave birth to a child fitting that description. So the Prophet said: 'If it had not been settled in the Book of Allah [the Mighty and Sublime], I would have punished her severly.' "
Muhammad obviously favours the woman over the man, hence why he did not inflict any punishment upon her before confirming it by looking at the child's appearance.
Why is this? I think this hadith shows that a woman's oath is still more than a man's oath despite having a lower testimony, but I dont find any scholars who even mention my viewpoint - which is strange, since it is not that complicated. I figured I must have messed up, or maybe my google fu is absolute cr*p.
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from Islam http://ift.tt/2H3jNsi
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