The Testimony of Women in Islamic Law

Abstract

The only verse in the entire Qur’an to equate the testimony of two
women to that of one man is the so-called verse of debt (ayat al dayn),
which occurs in Qur’an 2:282. This verse contains a significant amount of
material that later jurists categorized variously as recommended or merely
instructional (irshad) and without legal import. However, a very few jurists
opined that the recording of debts, witnessing, and all other matters dealt
with in the verse may be categorized as obligatory (wajib).
Whether we agree or disagree with a particular school, there is near
unanimity among all jurists that the Qur’an’s mention of testimony in relation
to transactions was revealed to advise Muslims on how they might
reduce the possibility of misunderstandings arising among themselves.
Therefore, the entire matter of testimony was revealed to humanity by way
of instruction. Obviously, instruction is one thing, while binding legal precepts
are another matter entirely.
The verse of debt, moreover, may be seen as connecting testimony, the
taking of witnesses, the agreement of both parties to the contract at the time
of its ratification, and the judge’s (qadi)ep tance of testimony given by
the witnesses, as follows:
and call upon two of your men to act as witnesses; and if two men
are not available, then a man and two women from among such as
are acceptable to you as witnesses . . . (2:282)
The verse goes on to explain the reason for seeking testimony from two
women in place of the testimony of one man, by saying “. . . so that if one
of them should make a mistake, the other could remind her” (2:282).
Thus, the verse indicates clearly that there are differences in the ability
of women to serve, under the prevailing social conditions, as competent
witnesses and givers of testimony in cases involving financial transactions.
The relevant wording implies that, in general, transactions were not often
matters of concem to women at that time. It also indicates that the actual
witness would be one woman, even though her testimony might require the
support of another woman, who would “remind” her if necessary. Thus,
one woman acts as a guamntor for the accuracy of the other‘s testimony ...