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leadership must be based on mercy, kindness, mutual consultation and shared responsibilities. for tyranny or humiliation. IIt was never intended as a basis The second exception is in the matter of giving testimony in legal matters, in financial I transactions. According to Islam,, such evidence should be_given either by two men or a man and two women. As the-Qurlan says: "And get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as ye choose for witnesses. " 1, This does not have anything to do with the credibility or dignity of wonmen. It is the Qurlan that states that such transactions being carried out mainly outside the domain of women, it is possible that one of them may forget, then the other one can remind her, as the Qurlan explains in this verse: "For witnesses, so that if one of them errs, the other can remind her. " 2 It is suggested that a woman in pre-Islamic society was usually at her home looking after her children and running her domestic affairs. So women were, most of the time, away from what was going on ift the market place, its problems and affairs. It is enough that Islam gave the woman the right to particiPate in the society through testifying, aven in part. The third exception is the matter of inheritance. Our discussion' about the woman's status before Islam. in the first chapter, gives us a clear idea about how she was. mostly, deprived of the right to have a chance of an inheritance. The idea behind this. as we showed, was that she was not qualified to be an heir since she could not fight either. 1. Q. 2.282, 2. Ibid ý- a 67

to defend the tribe or bring in booty. So, the property of a man who had only female children was distributed among their uncles. the dead man's brothers). 1 (i. e. Depriving the woman of a share in the inheritance was not practised by Pagan Arabs only. this Practice was common among many other nations. For example, in ancient Greece, the woman could not inherit property, and she was even treated as a commodity and was considered as a part of her custodian's wealth. It was suggested that "Follwwing the death of a Greek woman's father, his inheritance was distributed among her brothers. And, if she had no brothers, she was to be amrried tp the oldest heir. So, she was a part of the inheritance from which she had nothing. Her son from'such a marriage was to belong to the mother's father. and was to be given into custody la. . ter on., Moreover, -in the same way, in Hamurabi Is law, women were deprived of the right to inherit. In the Roman society, during the times of the first republic, a man was the head of his family. He had the proprietor's rights over his gn wife and childIfie was the religious and political leader of his family and he was the person who was charged with all his family affairs; he was responsible for buying, selling, contracting and running all the affairs of his family. The woman had status relative to the man and even legally she had no consideration as feminity did not provide a qualification for such consideration, just like childhood or madness. 3 Also, the- Hebrew woman did not have a share in the 1, See al-KIMA, al-Bahiyy. al-lsl; m was al. Marl ahal-Mule; srah (Islam and The Contemporary Woman). P. 201 2. Bayyham. Muhammad, Al-Mar I ah fi- al-Tar7kh wa al-SharA 7., quoted by al-Hzrfr, op. cit., P. 339 3. Bar Muhammad, Mabildila al-Qarrun al-Roman"I*, P. 107, quoted by"Arfa Sulaiman, HuqZ7q al-Marah ff'al Islgm', P. 32 2 68

leadership must be based on mercy, kindness, mutual consultation<br />

and shared responsibilities.<br />

for tyranny or humiliation.<br />

IIt was never intended as a basis<br />

The second exception is in the matter <strong>of</strong> giving testimony in<br />

legal matters, in financial<br />

I transactions. According to Islam,, such<br />

evidence should be_given either by two men or a man and two women.<br />

As the-Qurlan says:<br />

"And get two witnesses, out <strong>of</strong> your own men, and if<br />

there are not two men, then a man and two women,<br />

such as ye choose for witnesses. " 1,<br />

This does not have anything to do with the credibility or<br />

dignity <strong>of</strong> wonmen. It is the Qurlan that states that such transactions<br />

being carried out mainly outside the domain <strong>of</strong> women, it is possible<br />

that one <strong>of</strong> them may forget, then the other one can remind her, as the<br />

Qurlan explains in this verse:<br />

"For witnesses, so that if one <strong>of</strong> them errs, the other<br />

can remind her. " 2<br />

It is suggested that a woman in pre-Islamic society was usually<br />

at her home looking after her children and running her domestic<br />

affairs. So women were, most <strong>of</strong> the time, away from what was going on ift<br />

the market place, its problems and affairs. It is enough that Islam<br />

gave the woman the right to particiPate in the society through<br />

testifying, aven in part.<br />

The third exception is the matter <strong>of</strong> inheritance. Our discussion'<br />

about the woman's status before Islam. in the first chapter, gives<br />

us a clear idea about how she was. mostly, deprived <strong>of</strong> the right to have<br />

a chance <strong>of</strong> an inheritance. The idea behind this. as we showed, was<br />

that she was not qualified to be an heir since she could not fight either.<br />

1. Q. 2.282,<br />

2. Ibid ý-<br />

a<br />

67

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