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"This may be one reason why a great scholar like Al-Tabari could not find any evidence from any revelatory source (Qur'an or Sunnah) to exclude women from something as important as testimony: being herself a judge who hears and evaluates the testimony of others" (qtd. in Badawi). Another strong argument states that the first Qur'anic verse indicates that the number of witnesses shall either be two males, or a male and two females. The same reason, which is the assertion of the testimony, and the prevention of error, is behind the need of two male witnesses also. Moreover, the most crucial aspect of Islamic Law is its ability to be adapted to social and historical changes, without escaping from the spirit of Islam. Badawi states that if the general rule in Islamic testimony fully equates between men and women, an exception occurs in the case of business testimony. Therefore, in a similar manner, exceptions may occur in the case of business testimony, when a woman's testimony could be more valuable than a man's testimony, due to her educational or experimental superiority in lots of domain during the contemporary history. He states on the principle of "Ijtihad", which means the collective search in Islamic sources in order to afford a certain flexibility to Islamic Law, to let it match the social, economic, geographical and historical variations (Badawi).
While some consider the standing of Muslim women behind men in prayers a practical evidence that women under Islam, are excluded and humiliated, even in matters regarding their spiritual rights, other see that the explanation of this fact requires a simple knowledge about the nature of Islamic daily prayers, which involve actions, motions, standing, bowing, and prostration. Consequently, "if men mix with women in the same lines, it is possible that something disturbing or distracting may happen. The mind will become occupied by something alien to prayer and derailed from the clear path of mediation" (qtd. in Abdul-Ati). Hence, "to avoid any embarrassment and distraction to help concentrate on mediation and pure thoughts, to maintain harmony and order among worshippers, to fulfill the true purposes of prayers, Islam has ordained the organization of rows, whereby men stand in front lines, and women behind them"(qtd. in Abdul-Ati).
One may oppose this opinion by claiming that Abdul-Ati's argument justifies only the separation between men and women in prayers, but does not justify the standing of women behind men. A possible response to this is that the congregational prayers (i.e. prayers at mosques), are obligatory for men, and optional for women, who are allowed to pray at home in order to look after her children. Moreover, the mother has a task in adapting her children to prayer, by accompanying them to the mosque for example. In perhaps every mosque today, there exists a part for women, and a part for men. Even in the women's part, mothers who bring their children stand with them in the back, in order to prevent the other women from any distraction that children may often cause. Another reason behind the standing of women in the back, is simply preventing them from any embarrassment caused by the uncover of certain parts of her body, unwillingly, due to the various actions, motions, standings, bowings, and prostrations that have to be done in the Muslim prayers (Abdul-Ati).
Reform from within Muslim societies is needed, first by education, knowing that from 1.5 billion Muslims today, there are 900 million who are illiterate, and from the remaining 600 million, only 200 million knows Arabic, which is the language of the Qur'an, the holy book of Islam. Education is the most important key that will lead Muslims, at least individual males and females within the societies, to explore more about their religion, and know the real position of women in Islam which is currently unknown by that terrible number of illiterate Muslims. Hence, "The Muslim woman, if she is true to the principles of her religion, has lessons in equality to teach the westerner, and her descendants in the east have to learn anew the role demanded of them by their religion" (Al- Faruqi). Taking into consideration the relative impossibility of changing countries' political agendas, we shall know that in order to fill the gap between women's rights afforded by Islam, and women's rights afforded by at least the Muslim societies, Muslim males and females will have to accept that in Islam, "the general rule in social and political life is participation and collaboration of males and females in public affairs (Badawi).
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Works Cited
Abdul-Ati, Hammuda. "Women's Status in Islam". From Islam in Focus. Plainfield: American Trust Publications, 1994.
Al-Disuqi, Rasha. The Resurgent Voice of Muslim Women. Cardiff: Black Stone Press, 1999.
Al-Faruqi, Lois Lamya. Women, Muslim Society, and Islam. Trenton: Prentice Hall College Div, July 1986.
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Saladin
My name is Ayman el-Hakea, I am a Construction Engineering graduate from the American University in Cairo. My origins date to an interesting mixture of Yemeni, Moroccan, Albanian, and Egyptian ancestors. I always try to be a moderate Muslim, I like animation, geopolitics, comparative religion, and football. I like to be with "people"...and I hope my writing isn't boring for anyone.
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Comments
I Like ... Marwan Mohamed El Solaih Hamad Aly | Jul 8th, 2004
Your Islamic Soul ... really you have that golden mind about Islamic rights's .
Keep it up ... u r really more than perfect .
hope to be like u !
Ayman El Hakea | Mar 6th, 2005
I am just a humble guy, trying in vain to be a good Muslim...don't give me more than I deserve...
.. Marium Chowdhury | Apr 5th, 2006
Ayman..you knw ur a great guy masha Allah..so stop freaking out when people praise you..(lol)...no no..im serious..n ur writing is not boring at all..keep up the great work..and insha Allah you will be successful in all your ventures..take care...salam!.
Marium..:)
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