Source Attribution
This excerpt is taken from the book Aḥkām wa Masā’il in the Light of the Qur’an and Sunnah by Shaykh Mubashir Ahmad Rabbani.
Allah the Exalted says:
﴿وَاسْتَشْهِدُوا شَهِيدَيْنِ مِنْ رِجَالِكُمْ ۖ فَإِنْ لَمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ مِمَّنْ تَرْضَوْنَ مِنَ الشُّهَدَاءِ أَنْ تَضِلَّ إِحْدَاهُمَا فَتُذَكِّرَ إِحْدَاهُمَا الْأُخْرَى﴾
Translation:
“And call upon two witnesses from among your men. And if two men are not available, then one man and two women from those whom you approve as witnesses, so that if one of them forgets, the other may remind her.”
This distinction is not from the perspective of degrading women, but rather in consideration of their natural temperament, circumstances, and engagements. This responsibility can be burdensome for them; therefore, the Sharī‘ah has arranged support for them in fulfilling it.
Similarly, from a ḥadīth in Ṣaḥīḥ al-Bukhārī, it is understood that in matters which are specific to women, and in which men generally have no awareness, the testimony of a single woman is accepted. Examples include issues of breastfeeding (raḍā‘ah) and menstruation.
However, in cases of prescribed punishments (ḥudūd), retribution (qiṣāṣ), marriage, and divorce, the testimony of men is relied upon, as detailed in the book al-Amwāl by Imām Abū ʿUbayd and in al-Fiqh al-Islāmī.
This excerpt is taken from the book Aḥkām wa Masā’il in the Light of the Qur’an and Sunnah by Shaykh Mubashir Ahmad Rabbani.
❖ Question:
Is a woman’s testimony and witness accepted in financial cases? Please explain in the light of the Qur’an and Sunnah.✿ Answer:
In general, in matters of testimony, the Sharī‘ah requires and seeks the testimony of a trustworthy and just Muslim. However, if the cases are of a financial nature and two male witnesses are not available, then the testimony and witness of one Muslim man along with two Muslim women will be accepted. If no male witness is available at all, then the testimony of four women alone is also not acceptable.Allah the Exalted says:
﴿وَاسْتَشْهِدُوا شَهِيدَيْنِ مِنْ رِجَالِكُمْ ۖ فَإِنْ لَمْ يَكُونَا رَجُلَيْنِ فَرَجُلٌ وَامْرَأَتَانِ مِمَّنْ تَرْضَوْنَ مِنَ الشُّهَدَاءِ أَنْ تَضِلَّ إِحْدَاهُمَا فَتُذَكِّرَ إِحْدَاهُمَا الْأُخْرَى﴾
Translation:
“And call upon two witnesses from among your men. And if two men are not available, then one man and two women from those whom you approve as witnesses, so that if one of them forgets, the other may remind her.”
Reference: Al-Baqarah: 282
This distinction is not from the perspective of degrading women, but rather in consideration of their natural temperament, circumstances, and engagements. This responsibility can be burdensome for them; therefore, the Sharī‘ah has arranged support for them in fulfilling it.
Similarly, from a ḥadīth in Ṣaḥīḥ al-Bukhārī, it is understood that in matters which are specific to women, and in which men generally have no awareness, the testimony of a single woman is accepted. Examples include issues of breastfeeding (raḍā‘ah) and menstruation.
Reference: Fatḥ al-Bārī
However, in cases of prescribed punishments (ḥudūd), retribution (qiṣāṣ), marriage, and divorce, the testimony of men is relied upon, as detailed in the book al-Amwāl by Imām Abū ʿUbayd and in al-Fiqh al-Islāmī.
