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Full Access Comment Women’s Testimony in Islamic Law and Misconceptions: A Critical Analysis

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Comment Women’s Testimony in Islamic Law and Misconceptions: A Critical Analysis

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Most Qur’anic references to (witness) testimony do not make any reference to gender. Some references fully equate the testimony of males and females; however, one Qur’anic verse (2:282) has instructed that, as far as financial transactions are concerned, it is necessary to provide either two male witnesses or one male and two females. From this verse, it is generally contended that Islam renders two women equal to one man in matters of evidence. The question for consideration is whether or not, on the basis of the verse’s circumstantial context (‘illah), the testimony of one woman may nonetheless be accepted. The article focuses on principles of the Qur’an and the Sunnah as primary sources of Islamic law, particularly looking into the question of whether Islamic law of evidence is well equipped to meet and cater to the requirements of justice.

Affiliations: 1: Faculty of Shari’ah and Law, Sultan Sharif Ali Islamic University Gadong Brunei Darussalam

10.1163/187103211X543626
/content/journals/10.1163/187103211x543626
dcterms_title,pub_keyword,dcterms_description,pub_author
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Most Qur’anic references to (witness) testimony do not make any reference to gender. Some references fully equate the testimony of males and females; however, one Qur’anic verse (2:282) has instructed that, as far as financial transactions are concerned, it is necessary to provide either two male witnesses or one male and two females. From this verse, it is generally contended that Islam renders two women equal to one man in matters of evidence. The question for consideration is whether or not, on the basis of the verse’s circumstantial context (‘illah), the testimony of one woman may nonetheless be accepted. The article focuses on principles of the Qur’an and the Sunnah as primary sources of Islamic law, particularly looking into the question of whether Islamic law of evidence is well equipped to meet and cater to the requirements of justice.

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/content/journals/10.1163/187103211x543626
2011-01-01
2016-12-09

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