حكم شهادة المرأة في الإسلام : دراسة فقهية مقارنة

Abstract EN

This research aims to study the status of the testimony of women in Islam and present the approaches and notions of the Islamic jurisprudents.

The testimony of woman is heard in those cases that male witnesses are not aware, and only women can testify in these cases.

In this research, the legitimacy of the testimony of an individual woman, the quorum for such a testimony, and woman's testimony for Estehlal (the first cry of a newborn after delivery), fostering, properties, civil status, punishments defined by Islam (Hadd), and retaliation have been studied.

Moreover, the jurisprudential approaches of Islamic sects have been introduced together with reasons and argumentation provided by each of them, and finally it has been concluded that the conditions of a witness are not related to his/her gender.

In general, a witness shall have two conditions: the first condition is justice and accuracy of a witness, the other is the reasonable relation between the witness and the event testified by the witness, which shall be so that the capability and competence of the witness is proved.

However, this verse of Quran “And if there are not two men [available], then a man and two women from those whom you accept as witnesses” does not address the status of testimony, which shall be decreed and ordered by judge, rather it advises how to ensure the rights of people when they are interacting.

Indeed, this is for the ensuring rights and not the judgment and decree issued by judge.