The Issue of the Testimony of Women in Islam, A Scholastical study, its Misdeems and Social Impacts

Abstract

This research has carried out to elaborate the status of women witness in various transactions as well as to explain misdeems over it and its social implications. The key aim of this article is to define evidence, women evidence’s status and analyze misdeems and its social impacts critically. Evidence means, “The information which used in a court of law tries to prove something through documents, objects or statements”. A witness is a person who testifies what he has seen of a matter or an event. The witness of women is justified by Quran, Hadith Consensus and even by Common sense. Judiciary is the milestone of peace alieving in society while witness is the back bone of every judicial system. Without witness never justice could be done nor can any right be proved or protected in the court of law. Therefore Islam has given the status of trust to witness and direct the witnesses to deliver it in the court with full honesty and integrity without fear and apprehension.

The women witness plays a pivotal role in all evidential proceedings. It is unanimously admissible in women related matter like: Menses, Delivery, Virginity, Pregnancy, Marital Status Chorale, Clearance of Womb etc. while in financial matters like Sale Purchase, Confession, Mortgage, Usurpation, Marriage, Divorce, Eddatt (Stay –at-home), Pedigree, Bequest, Attorneyship, Freedom of Salves, Inheritance, Reconciliation, Gift and Will, agreements are also admissible without gender discrimination with the condition that if she would hobble during evidence recording in court, would be associated and assisted by another woman to avoid hesitation.

According to Majority opinion in Fornication and Boundaries (Hadood) cases her evidence may not be accepted because in Hadood the accused creed the benefit of doubt while according to Imam Ibn -e -Hazam Zahiri, her witness is admissible in all transactions. Bases verse No. 282 of Surat-al-Baqara, the Orientalists misdeems and assertion that Islam has discriminated women while halting her witness half to men but it is their misconception because in Islamic point of view in women relating matters her sole witness is acceptable while in irrelevant matters she had given relief of exemption which does not mean her inferiority to men. It is just the variation of responsibilities. It is an universal truth that women are very abashed and do not like to see adultery or to be the witness of it. Therefore Islam has reduced her burden by exempting her evidentiary liability in fornication cases.