85.Why is there a discrimination between men and women in the presentation of witnesses?
This verse (2:282) says the testimony of two female witnesses is equal to that of one male.
Most people express uneasiness on this equation (so called discrimination). They say when the percentage of passes in schools and colleges see a continuous pattern of better performance by girls than boys, it is a testimony to their memory and intelligence. When such criteria are the basis for bearing witness being found more in women, they feel the downgrading of female witnesses to half the number of males is unfair.
Islam does not refute the possession of good memory power and intelligence in women and also Islam does not deny they are better than men in certain other aspects.
Prophet Muhammad has said “Women have the power to destabilize the best of smart men” Hadith Book Bukhari:304, 1462.
Women such as Aisha (RA) and Ummu Salama (RA) were far better in their memory power to the extent they had to remind the comrades of Prophet Muhammad at many instances. And they also were more knowledgeable surpassing men. We come across many instances recorded in history as evidence.
Is memory the only criteria to bear witness? No, what is more essential is the ability to reproduce incidents without additions, without depletion, without exaggerations, distortions, etc.;
Evidence is something that helps us discover truth and which decides the future of a person.
When bearing witness, one should not have inclusions, omissions, exaggerations in it. When there is any error while executing the responsibility of bearing witness, the chances of an innocence being punished, and the criminal being released becomes possible.
Scientists have discovered that men and women are not equal in all aspects.
Thinking, memorizing, and all other actions are decided in the brain of men. It has been discovered by scientists that basic differences exist between the brain of men and women.
Brains of men weigh 100 grams more than that of women. Thinking, memorizing, expressing emotions, imagining, expressing like and dislikes, expressing anger, etc. are from different spots of the brain.
While pondering, researching, analyzing, it has been found that brains of men have 13% more Neutrons than women, and they stand much better in taking decision.
It has also been found that the power of memorization is 11% more in women than men.
This is the reason why women excel in the field of memorization. Girls in school stand in a better position than boys in memorizing lessons. Women can be seen in recollecting date of birth, marriage day etc. Men are always far behind them in such matters.
At the same time thinking capacity is more in men compared to women. Majority of thinkers, writers, inventors, researchers are men.
Moreover, the power to imagine is more in women has been discovered.
Nobody can deny the fact that women treat small shortcomings of people they like as very small and those of people they dislike as huge. This is the same attitude of women when it comes to treating the good.
And it has also been established in different findings, that women are more prone to lie without any inhibitions.
While undergoing a lie-detector test, the device monitors the vibrations from the brain while lying to decide the outcome.
During this lie-detector test, majority of women do not get monitored very minutely though they are proved to be liars. These tests could prove more men as liars, than women because of the ability of women to lie without much anxiety.
Similarly, during cross examinations in courts women tend to pass of lies without any hesitations and anxiety as truth making it difficult differentiate.
Hence the witness of two women to one man is not an injustice or gender discrimination has been proved intellectually and scientifically.