Status of Women's Evidence in Islam

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 3

Status of women’s evidence in Islam:

In Islamic law, declaration (shahada) is characterized as authentication with respect to one side
of a second gathering against a third. It exists close by different types of proof (bayyina, for
example, the pledge (yamin), affirmation (iqrar), and conditional proof (qara'in al-ahwal). A
declaration must include certain information on a certified occasion, and can't be founded on a
guess. In the second part of the Quran, Al-Baqarah, stanza 2:282 gives a premise to the standard
that two ladies are what could be compared to one man in giving observer declaration in
budgetary circumstances.

“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 scribes refuse to write as Allah has taught him,
so let him write. Let him (the debtor) who incurs the liability dictate, and he must fear Allah, his
Lord, and diminish not anything of what he owes. But if the debtor is of poor understanding, or
weak, or is unable himself to dictate, then let his guardian dictate in justice. 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, the other can
remind her.”

The status of women's evidence in Islam is disputed. Muslim social orders' perspectives run from
totally dismissing female declaration in certain legitimate regions, to restrictively tolerating it in
a prejudicial manner (half-worth, or with a requirement for supporting male declaration), to
totally tolerating it with no sexual orientation inclination

On account of observers for monetary archives, the Qur'an requests two men or one man and two
ladies. This is interpreted by various Muslim researchers in order to infer evidence of two ladies
being equivalent to a solitary man's. Tafsir Ibn Kathir states: "Allah requires that two women
take the place of one man as a witness, because of the woman's shortcomings, as the Prophet
described.Ibn al-Qayyim and Ibn Taymiyya believed in the distinction of the probative value of
men's and women's evidence. It is contended that despite the fact that Ibn al-Qayyim accepted
that ladies were increasingly inclined to making blunders, rather than finishing up general
segregation from this current, ladies' declaration was to be treated on an individual premise. This
is on the grounds that Ibn al-Qayyim fought that in situations where a lady and man share all the
Islamic great characteristics of an observer, a lady's declaration verified by another lady may
really be viewed as more grounded than the unsupported declaration of a man. As an expansion
to the impediment guaranteed in money related agreements, a noteworthy number of
traditionalist Muslim researchers likewise contend for victimization female declarations in
criminal cases as well. In instances of hudud, disciplines for genuine crimes,12th century Maliki
legal adviser Averroes composed that law specialists differ about the status of ladies' declaration.
As indicated by Averroes, certain researchers said that in these cases a lady's declaration is
inadmissible whether or not they affirm close by male observers. female testimony would be
adequate so as to demonstrate the blame of the respondent, be that as it may, without male
declaration, the liable party will be subject to just the taziri discipline, rather than the
supernaturally appointed hadd punishment.Ibn al-Qayyim comments on the verse as follows:

"There is no uncertainty that the explanation behind a majority of ladies in the Qur'anic verse] is
[only] in recording declaration. Be that as it may, when a lady is wise and recollects and is
dependable in her religion, at that point the motivation behind the testimony is achieved through
her announcement similarly all things considered in her transmissions in strict settings."

In issues other than budgetary exchanges, researchers vary on whether the Qur'anic stanzas
identifying with money related exchanges apply. This is particularly obvious on account of real
undertakings like separation, marriage, slave-liberation. As per Averroes, Imam Abu Hanifa
accepted that their testimony is worthy in such cases. Imam Malik, despite what might be
expected, accepts that their testimony stays unsatisfactory. For real issues about which men can
have no data in normal conditions, for example, the physical impediment of ladies and the crying
of an infant during childbirth, most researchers hold that the testimony of ladies alone is
adequate. In specific circumstances, the sacred writing acknowledges the testimony of a lady as
equivalent to that of a man's and that her declaration can even nullify his, for example, when a
man blames his better half for unchastity. 1

Status of women’s evidence in Pakistan law:

This arrangement should be founded on the Quranic section 2:282 which understands that:
"Bring in two male observers from among you, yet on the off chance that two men can't be

1
Wikipedia,https://en.wikipedia.org/wiki/Status_of_women%27s_testimony_in_Islam#cite_note-3
discovered, at that point one man and two ladies whom you judge fit to go about as witnesses; so
that if both of them submit a mistake, the other will recall".2

Article 17 of Pakistan’s Qanun-e-Shahadat Order, 1984 (Law of Evidence) provides that


women’s testimony is worth half that of men in certain civil matters. Under Article 17:

"In matters pertaining to financial or future obligations, if reduced to writing, the instrument
shall be attested by two men, or one man and two women, so that one may remind the other, if
necessary, and evidence shall be led accordingly; and in all other matters, the Court may accept,
or act on, the testimony of one man or one woman or such other evidence as the circumstances of
the case may warrant"3

2
Shahbaz Ahmad Cheema, research gate(jan,2014)
https://www.researchgate.net/publication/312017044_Protection_of_Legal_Status_of_Women_in_Pakistan_An_An
alysis_of_the_Role_of_Supreme_Court
3
Equalitylaw,https://www.equalitynow.org/pakistan_the_qanun_e_shahadat_order_1984_law_of_evidence#:~:te
xt=Article%2017%20of%20Pakistan's%20Qanun,men%20in%20certain%20civil%20matters.&text=Law%20Type
%3A%20Evidence,Article%2017%20of%20Pakistan's%20Qanun%2De%2DShahadat%20Order%2C%201984,men
%20in%20certain%20civil%20matters.

You might also like