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Womens' Rights in Islam
Legal Testimony
In Islam the testimony of men and women weigh equally. We will here give some examples in which their testimonies are equally weighed.
A. Oath of condemnation :
The former Sheikh of Al-Azhar Mahmud Shaltut says : There is a stronger proof for equality in the Qur'an's statement that the woman is just like the man in the type of testimony known as the oath of condemnation [which is An oath in which either the husband or the wife accuses his or her partner of adultery and the only witness is one of them.]
"And as for those who accuse their wives but have no witnesses except themselves, let the testimony of one of them be four testimonies (i.e. testifies four times) by Allah that he be one of those who speak the truth. And the fifth (testimony) (should be) invoking the Curse of Allah on him if he be one of those who tell a lie (against her). But it shall avert the punishment (of stoning to death) from her, if she bears witness four times by Allah, that he (her husband) is telling a lie. And the fifth (testimony) should be that the Wrath of Allah be upon her if (her husband) speaks the truth". (Surah 24:6 to 9)
That is, four repetitions of the oath or testimony by the man concluded by an invocation of his damnation by Allah if he is lying, countered by and invalidated by four repetitions of the woman's counter statement, also followed by an invocation of Allah's wrath upon her if she is lying.
B. Pledge of Islam :
Women doing pledge of Islam with the Prophet, peace and blessings be upon him, did not need another woman to support her claim... it was equally valid as that of a man. And she did not need her father or husband's permission to do so either.
C. Calling for Islam :
Women are not forbidden from doing dawah (calling for Islam)... she can spread the message of Islam on her own, her word is equally good as that of a male. Nobody questions or doubts her work. When a sahaba (Prophet’s companion) lady gave protection to a non-Muslim captive, the Prophet, peace and blessings be upon him, told everyone to honor her word. A woman's word is equally valid in all situations. If God can accept her word who is man to not take it as equally valid to his own.
Also, other of the believers, Ayesha, may Allah be pleased with her, is considered as one of the four people who quoted more than 2000 hadith (Prophet’s saying). Many other woman reported many hadiths and their word was considered as valid by Muslim scholars.
Major Misunderstanding : Is the woman’s testimony half that of a man in Islam ?:
Despite the equality in Islam, some people either driven by ignorance or envy deny that equality. They refer to a certain verse in the holy Quran that they consider to be a proof that a woman’s testimony is half that of a man.
The Verse says : "And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, tile other can remind her. And the witnesses should not refuse whethey are called on (for evidence)." (Surah 2:282 )
Sheikh Mahmud Shaltut says: The verse does not address the question of the status of the testimony. It rather addresses the methods of verification and establishment of confidence about the individual's rights at the moment of transaction.
The verse actually begins: "O you who believe! When you contract a debt for a fixed period, write it down. Let a scribe write it down in justice between you. Let not the scribe refuse to write as Allah has taught him," until it reaches " And get two witnesses out of your own men. And if there are not two men (available), then a man and two woman, so that if one of them (two women) errs, the other can remind her." (Surah 2:282 )
Therefore the situation is one of verification and documentation of rights and not one of judgment. Thus the verse points to the best ways of documentation and verification by which partners in a deal can have maximum security. This therefore does not mean that a single woman's, or a group of woman's testimony without a man's does not count in establishing rights nor is to be taken by a judge since the maximum required in jurisdiction is "evidence".
Along this line of thinking, jurisprudent Ibn Al-Qayyim establishes that "evidence" in Islamic Law is more comprehensive than testimony; confirming "evidence" is the factor in establishing rights, what makes it "evident" and consequently what is to be considered by the judge.
The judge pronounces his verdict on the basis of decisive evidence, even if it were a non-Muslim's testimony as long as he feels it worthy of his trust.
This leads Sheikh Shaltut to the conclusion that when two woman's testimonies are counted as one man's testimony, it is not because of some weakness or flaw in her mentality which would involve, in turn, a defect in woman's humanity.
The verse, however, was so worded as to address the norms of that time, which are still very much the same for the majority of women. They do not attend debt registration sessions or transactions. The fact that some women take part in such activities does not alter the basic facts of life that it is not very common among women to get involved in financial transactions. Yet again, the verse serves as guidance on maximum verification. In some places, the tendency is for a woman to make transactions and witness the writing of debts; it is the people's right to accept a woman's testimony as they accept that of a man as long as they do this with equal confidence in both sexes’ memories.
Also the context and style of the verse is such that it cannot relate to law or the judicial forums of the state. It is not that after addressing the courts it has been said that if such a law suit is presented before them by a claimant then they should call in witnesses in the prescribed manner.
On the contrary, the verse directly addresses people who lend or borrow money over a fixed period. It advises them that if they are involved in such dealings, an agreement between the two parties must be written down, and to avoid dispute and damage, only witnesses who are honest, reliable and morally sound should be appointed. At the same time, their personal involvements and occupations should be suited to fulfill this responsibility in a befitting manner. The verse does not at all mean that a law suit shall stand proven in a court only if at least two men or one man and two women bear witness to it.
The famous Islamic jurisprudent Sheikh Muhammad Abdou when commenting on the verse :
"O you who believe! When you contract a debt for a fixed period, write it down. Let a scribe write it down in justice
between you. Let not the scribe refuse to write as Allah has taught him," until it reaches "
And get two witnesses out of your own men. And if there are not two men (available), then a man
and two woman, so that if one of them (two women) errs, the other can remind her." (Surah 2:282 )
He said that cause of this verse was that it was not the custom of women in that age to be involved in financial affairs that’s why her memory in financial deals is weaker than that of a man however this is not the case when it comes to domestic affairs where a woman’s memory is stronger than that of a man.
During the time of the Prophet, peace and blessings be upon him, there were Muslim women who did business, their testimonies were not questioned. If she is the sole owner of a business it would be ludicrous to have her find another woman to validate her agreement. So this is not even extended to all business transactions... only those in which she is not directly involved.
During the time of Umar, may Allah be pleased with him, a lady, Al Shafa bint Abdullah ibn abd Shams, was assigned the position of official business transactor/manager of the market of Medina... if her testimony was not valid how could she have been appointed such a position. It would be very inconvenient for her to go seek another woman to validate all her testimonies or transactions.
The verse does not address the question of the status of the testimony. It rather addresses the methods of verification and establishment of confidence about the individual's rights at the moment of transaction.
Also the famous Islamic jurisprudent Ibn Taimeya clarifies that the verse was discussing the condition of transaction not the legal testimony before a judge.
He added that a woman’s forgetfulness and hence her need for another woman to confirm her testimony in situations of deals is not a nature in all woman, but it rather has to do with experience and practice (in financial affairs), so if a woman has experience in financial matters and was known to have piety then her testimony alone is accepted
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