Status of women's testimony in Islam
Encyclopedia
The status of women's testimony
in Islam
is disputed.
In cases of hudud
, punishments for serious crimes, 12th-century Maliki
jurist Averroes
wrote that jurists disagree about the status of women's testimony. According to Averroes, most scholars say that in this case women's testimony is unacceptable regardless of whether they testify alongside male witnesses. However, he writes that the school of thought known as the Zahiri
s believe that if two or more women testify alongside a male witness, then (as in cases regarding financial transactions, discussed below), their testimony is acceptable.
In case of witnesses for financial documents, the Qur'an asks for two men or one man and two women. It is disputed whether this means that a woman's testimony worth half that of a man either in disputes about financial transactions or as a general matter. On the other hand, Javed Ahmed Ghamidi
writes that Islam asks for two women witnesses against one male because this responsibility is not very suited to their temperament, sphere of interest, and usual environment. He argues that Islam makes no claim that woman's testimony is half in other cases. Ibn al-Qayyim
also argues that the verse referred to relates to the heavy responsibility of testifying by which an owner of wealth protects his rights, not with the decision of a court; the two are completely different from each other. It is also argued that this command shows that Qur'an does not want to make difficulties for women.
In matters other than financial transactions, scholars differ on whether the Qur'anic verses relating to financial transactions apply. This is especially true in the case of bodily affairs like divorce, marriage, slave-emancipation
and raju‘ (restitution of conjugal rights). According to Averroes, Imam Abu Hanifa
believed that their testimony is acceptable in such cases.Imam Malik, on the contrary, believes that their testimony remains unacceptable. For bodily affairs about which men can have no information in ordinary circumstances, such as the physical handicaps of women and the crying of a baby at birth, the majority of scholars hold that the testimony of women alone is acceptable. But the number of women witnesses needed is debated in different Islamic schools of law. Hanafi's and Hanbali's see even one woman enough. According to Maliki's two women are required. As for Shafii's, they see that 4 women are needed.
In certain situations, the scripture accepts the testimony of a woman as equal to that of a man's and that her testimony can even invalidate his, such as when a man accuses his wife of unchastity.
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
in Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
is disputed.
In cases of hudud
Hudud
Hudud is the word often used in Islamic literature for the bounds of acceptable behaviour and the punishments for serious crimes...
, punishments for serious crimes, 12th-century Maliki
Maliki
The ' madhhab is one of the schools of Fiqh or religious law within Sunni Islam. It is the second-largest of the four schools, followed by approximately 25% of Muslims, mostly in North Africa, West Africa, the United Arab Emirates, Kuwait, and in some parts of Saudi Arabia...
jurist Averroes
Averroes
' , better known just as Ibn Rushd , and in European literature as Averroes , was a Muslim polymath; a master of Aristotelian philosophy, Islamic philosophy, Islamic theology, Maliki law and jurisprudence, logic, psychology, politics, Arabic music theory, and the sciences of medicine, astronomy,...
wrote that jurists disagree about the status of women's testimony. According to Averroes, most scholars say that in this case women's testimony is unacceptable regardless of whether they testify alongside male witnesses. However, he writes that the school of thought known as the Zahiri
Zahiri
Ẓāhirī , is a school of thought in Islamic jurisprudence and Aqida. The school is named after one of its early prominent jurists, Dawud ibn Khalaf al-Zahiri Ẓāhirī , is a school of thought in Islamic jurisprudence and Aqida. The school is named after one of its early prominent jurists, Dawud ibn...
s believe that if two or more women testify alongside a male witness, then (as in cases regarding financial transactions, discussed below), their testimony is acceptable.
In case of witnesses for financial documents, the Qur'an asks for two men or one man and two women. It is disputed whether this means that a woman's testimony worth half that of a man either in disputes about financial transactions or as a general matter. On the other hand, Javed Ahmed Ghamidi
Javed Ahmed Ghamidi
Javed Ahmad Ghamidi is a well-known Pakistani Muslim theologian, Quran scholar and exegete, and educationist. A former member of the Jamaat-e-Islami, who extended the work of his tutor, Amin Ahsan Islahi. Ghamidi is the founder of Al-Mawrid Institute of Islamic Sciences and its sister...
writes that Islam asks for two women witnesses against one male because this responsibility is not very suited to their temperament, sphere of interest, and usual environment. He argues that Islam makes no claim that woman's testimony is half in other cases. Ibn al-Qayyim
Ibn al-Qayyim
Muhammad ibn Abu Bakr...
also argues that the verse referred to relates to the heavy responsibility of testifying by which an owner of wealth protects his rights, not with the decision of a court; the two are completely different from each other. It is also argued that this command shows that Qur'an does not want to make difficulties for women.
In matters other than financial transactions, scholars differ on whether the Qur'anic verses relating to financial transactions apply. This is especially true in the case of bodily affairs like divorce, marriage, slave-emancipation
Emancipation
Emancipation means the act of setting an individual or social group free or making equal to citizens in a political society.Emancipation may also refer to:* Emancipation , a champion Australian thoroughbred racehorse foaled in 1979...
and raju‘ (restitution of conjugal rights). According to Averroes, Imam Abu Hanifa
Abu Hanifa an-Nu‘man
Nuʿmān ibn Thābit ibn Zūṭā ibn Marzubān , better known as Imām Abū Ḥanīfah, was the founder of the Sunni Hanafi school of fiqh ....
believed that their testimony is acceptable in such cases.Imam Malik, on the contrary, believes that their testimony remains unacceptable. For bodily affairs about which men can have no information in ordinary circumstances, such as the physical handicaps of women and the crying of a baby at birth, the majority of scholars hold that the testimony of women alone is acceptable. But the number of women witnesses needed is debated in different Islamic schools of law. Hanafi's and Hanbali's see even one woman enough. According to Maliki's two women are required. As for Shafii's, they see that 4 women are needed.
In certain situations, the scripture accepts the testimony of a woman as equal to that of a man's and that her testimony can even invalidate his, such as when a man accuses his wife of unchastity.