آحمد صبحي منصور
في
الأحد ١٩ - أبريل - ٢٠١٥ ١٢:٠٠ صباحاً
نص السؤال
آحمد صبحي منصور
Allah says: “And bring to witness two witnesses from among your men. And if there are not two men [available], then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her.” Surat Al-Baqarah (The Cow): 282
The verse is only for financial transactions and happen when the testimony is oral. The reasoning for this legislator older is explained in the same verse: “-So that if one of the women errs, then the other can remind her.”
The legislature’s purpose overrides its order. It legislature’s reasons is to confirm the oral testimony. If there is another way to confirm it, there is no need for the order and the testimony of a woman becomes like a man. That is what happens now, in our times, where the testimony can be recorded and retained on video and through official certificates. So as long as it is possible to achieve the purpose without oral testimony, a woman's testimony is equal to that of a man in financial transactions. The woman's testimony in the penal courts are equal to that of the man because the word “witness” means both men and women because he/she sees and hears with their own two equal eyes and ears.