فلسفة الشريعة الإسلامية في شهادة المرأة : دراسة مقارنة في الفقه و القانون

الملخص EN

The study aims to examine women’s testimony in various situations in accordance with Islamic Law.

It consists of three sections.

The first deals with the sayings of the Jurists (fuqaha) in the testimony of women in the prescribed penalties (al-hudoud) and revenge (al-qasas).

Scholars agree on three positions: absolutely prohibited, allowed, and further clarification.

The second section identifies women’s testimony in financial matters.

There are differences with regard to cases like crimes that are motivated by money without punishment and personal issues.

Dispute also occurred in the question of the number of witnesses among women and it was chosen to be two women testimonies as equal to one testimony by one man, provided that the women are conscious and wise.

The third section examines the issue of women’s testimony in what they usually see and is not seen by men, in which case the disagreement occurred on two planes: (1) the identification of the things they saw only, and (2) the quorum that is required in their testimony in these matters.

The researcher chose to accept the requirement of two testimonies in everything and the needed quorum to be two testimonies, as well.