Can you explain the issue of equating two women to one man in witnessing? Is the witnessing of a woman alone not accepted?

In Islam, the rights of two women are equal to the right of one man. Why is it so?

Dear Brother / Sister,

Witnessing and the Importance of Witnessing

The word shahadah is the infinitive of the verb “Sha-Hi-Da”, which means “to be present”. It lexically means “true news”. Terminologically, it means the news given by a person who is known for his honesty in order to prove a right, using the phrase “I witness, I testify” in the presence of the judiciary. 1

Witnessing (testimony) is an important means of proof in the Islamic law. Depending on the case in which the witnessing is made, great rights belonging to individuals or Allah occur with the statement of sometimes two and sometimes four witnesses. Sometimes, punishments up to death penalty may be given as a result of witnessing. Therefore, the Messenger of Allah said, “A person who will testify can only testify about an issue that he saw clearly like the sun.”

When the Messenger of Allah (pbuh) was asked about testimony, he said,

“Bear witness (about what you know for sure, what you have witnessed) as you see the sun, or leave it.” 2

In another hadith, the Messenger of Allah emphasizes false testimony while listing major sins.

“Shall I tell you about the biggest of the major sins?”

“Yes, O Messenger of Allah.”

“Associating partners with Allah, disobeying parents. - After saying it, the Messenger of Allah straightened up and said, - Beware! One of them is false testimony. Beware! One of them is false testimony...”

He repeated it with excitement and horror so much that the Companions thought, “We wish he would stop” in the face of this situation. 3

In a hadith narrated from Ayman b. Khuraym, the Prophet (pbuh) said three times:

“O people! False testimony is equated with associating partners with Allah.” Then, he recited the following verse: 4

“But shun the abomination of idols, and shun the word that is false.” (al-Hajj, 22/30)

The hadith narrated from Anas b. Malik clearly shows the importance attached to witnessing in the eye of Allah:

“Once, a janazah passed by the Messenger of Allah. The Companions who were there praised the deceased person. The Prophet (pbuh) said,

“Paradise has become wajib for him.”

After a while, another janazah came; this time, the Companions criticized the deceased person. The Messenger of Allah (pbuh) said,

“Hell has become wajib for him.” When the Companions asked the reason for it, the Messenger of Allah (pbuh) said,

“The believers are the witnesses of Allah.” 5

This importance attached to the institution of witnessing is for the full realization of justice. Therefore, certain conditions are sought in the witness and the testimony for the witnessing to be valid in the Islamic law, which also shows the importance attached to witnessing and that witnessing is a heavy responsibility.

General Conditions Required for a Witness

a. Mental competence and puberty: There is a unanimous agreement on the condition that the witness must be sane and have reached the age of puberty. The testimonies of those who are not sane such as mad people, drunkards and children, or who are mentally competent cannot be accepted since their statements cannot be trusted.

b. Freedom: It is unanimously agreed that the witness must be a free person. The testimony of slaves is not accepted. Since the slave is under the influence of his master, he does not have the right of custody. (It is undoubtedly a rule valid for the ages when slavery was common)

c. Islam: In the Islamic society, it is necessary for the witness to be a Muslim. The testimony of an unbeliever against a Muslim is not accepted because he will generally be accused by the public opinion when he testifies about a Muslim.

d. The eye of the witness must see. Witnessing is first and foremost the act of seeing. Secondly, this condition is due to the fact that it may be necessary to recognize the person in favor of whom testimony is born and to point out to him at the time of testimony. A blind person can distinguish people only through their voice. There is doubt in it because the sounds can be similar to one another. Some Islamic scholars state that the blind can testify in cases in which it is not necessary to see with the eyes. 6

e. The witness must be able to speak. Even if the sign of a deaf person is understood, his testimony is not accepted. Signs are not valid in testimonies because witnessing necessitates precise knowledge. It is required to be clearly stated verbally in testimony with the tongue. However, some Islamic fiqh scholars accept the testimony of a blind person. 7 (written expression...)

f. Justice: All Islamic fiqh scholars agree that justice is a must in witnesses because the following is stated in the Quran: (at-Talaq, 65/2). “Get witnesses, out of your own men...” (al-Baqara, 2/282) and “Take for witness two persons from among you, endued with justice...” (at-Talaq, 65/2).

Justice lexically means to be moderate, balanced and reliable. As a religious term, it means to stay away from major sins and not to insist on minor sins. In fact, avoiding all sins is essential for the soundness of testimony. Related to keeping away from sins, the visible state is generally taken into account because this state of a person who commits many sins affects his testimony. Although the testimony of a person who rarely commits a sin is accepted, it is stated that those who commit major sins and/or persist in minor sins are not regarded as just and cannot testify. That is the valid limit of justice so that the witnesses will be fully reliable and the rights are will not be lost.

Judgment in law is definitely based on appearance. Islam strictly forbids searching others’ sins. In this respect, except for hadds and retaliation, no question is asked about the status of the witnesses unless the other party criticizes them. It is stated in the hadith that apparent justice will suffice.

“Muslims are just to one another except for a person who was given hadd penalty due to qadhf.” 8

g. Not to be under accusation: Islamic fiqh scholars agree that testimony will be rejected because of being under accusation. To be under accusation is to be in a position and in a relationship to benefit from each other or to ward off harm from each other with the person whom one witnesses for. For example, the testimony of a father for his son and grandson is not accepted; similarly, the testimony of a child for his mother, father, grandfather and grandmother is not accepted. 9

The conditions for testimony itself are as follows:

1. The word of witnessing: The witness must utter the word of witnessing. If the witness says “I know” or “I believe” instead of clear statements such as “I witness, I testify”, his testimony about that event will not be accepted.

2. The witnessing must be in accordance with the case. If the testimony is different from the alleged thing (case), it will not be accepted. However, if it is possible to reconcile them between the plaintiff, the lawsuit and the testimony, it may be accepted. 10

This brief information about witnessing, which we have tried to give above, clearly shows us that witnessing is an important institution in Islam and that it should be carried out with utmost care and meticulousness.

Woman’s Witnessing

1. One man, two women

The manner of approaching to witnessing is very important as in all issues. A woman who is unfamiliar with the spirit of this divine decree, which is sheer wisdom and mercy, considers it a “humiliating scene” for herself but a woman with full belief in the endless wisdom of the Quran considers it a “privileged decree” for herself.

In fact, the formation of a judgment in the mind is directly related to from where and how the issue is viewed. Whoever wishes can approve this decree by watching it the from the window of the One with Infinite Wisdom, and whoever wishes can look through the binoculars of his mind with limited wisdom and say ‘no’. We cannot say anything about it; Allah Himself gave people the freedom of accepting or rejecting.

Witnessing, which is a heavy task that is open to risk and threat is loaded on the shoulders of the man, who is more endurable/suitable for it by nature. In this respect, the woman is placed under special protection. In fact, although some people think that two women being equated to one man humiliates women, we can actually say that positive discrimination is made by lightening the responsibility of the woman. 11

In the Islamic law, the testimony of a woman is valid because a woman has the qualities required for testimony like a man. The testimony of women is mentioned in the following verse of the Quran:

“And get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as ye choose, for witnesses, so that if one of them errs, the other can remind her.” (al-Baqara, 2/282)

It is not always possible to find two male witnesses. Islam provides ease and invites women to witness.

In the verse, men are called to witness first. For, in an Islamic society, they usually form the working class. In that society of peace and security, unlike today’s corrupt societies, women do not have to work for very little money and are not deprived of the duty of motherhood such as giving birth, educating and taking care of their children, who will carry the future on their shoulders, which is a function much bigger and more important than the service they will provide by working outside in terms of both for their own health and the health of the society. Therefore, since women will not have much interest and knowledge in the market and in business, in issues such as power of proxy, bail, and testimony, the verse invites men to testify in the first place and states that if two men are not found, “a reliable man and two women can be witnesses”.  

The fact that two women are considered to be equivalent to one man in testimony in the verse is that this issue is not her main issue and that there is a lack of remembering originating from her psychological structure. Otherwise, the issue has nothing to do with whether women are considered human, whether they are valued or not, and the issue of equality or inequality between men and women, as those who claim equality between women and men say.

“And if there are not two men, then a man and two women, such as ye choose, for witnesses, so that if one of them errs, the other can remind her.”

There may be various reasons for the forgetting mentioned in the verse.

2. Reasons for Forgetting

a.  In an Islamic society, women go to market, meet and interact with others less often than men. Her greatest and most valuable attribute is motherhood. Therefore, Islam generally assigns the duty of external affairs and the livelihood of the household to man in the division of labor in the society; it prefers women to be busy with the order of the house, care of the children and upbringing of the children, which is perhaps much more important than the external work and which is much more suitable for women’s disposition and psychology. It is not an absolute obligation; it is a recommendation, a preference. Therefore, women do not witness the events that take place outside very often in the society. Although she goes to the market from time to time, the shopping and happenings outside do not attract her attention very much since they are not her main interests. She can forget about the things she pays attention to since she rarely sees them. According to the laws of psychological memory, the more a person encounters an event, the more it becomes embedded in his/her memory. A person has a weak memory related to events that he/she rarely encounters and rarely observes. It is more difficult to remember all aspects of such events later on.

Consequently, the impression, sense, perception and memory of women, who rarely witness shopping and other transactions among people, will definitely be weak compared to men. Therefore, asking another woman who saw and knew the incident though a little in addition to the woman who will testify to help is a right way for the full realization of justice. At least, the second woman will remind the first woman of what she forgets, support her, and strengthen her testimony. Thus, the woman will be freed from being under accusation in a very important issue of witnessing.

Thus, the Quran gives a companion to help the woman in this situation, and on the other hand, it shows the importance it attaches to justice and fairness by doing so.

b. Women do not participate in commercial life as much as men, nor are they as active as men in this field, as it is evident in the entire history of humanity, and even in today’s world where women go out on the streets a lot under the name of women’s rights. Today, business, like administration, is largely in the hands of men all over the world. Therefore, women’s knowledge, experience and understanding of commercial issues and agreements, as well as administrative issues, military issues and many other fields, may be much less than that of men. It may prevent them from witnessing soundly in any case.

However, there can always be women who understand those issues better than men. Nevertheless, in issues of legal and public concern, general rules are taken into consideration, not exceptions. Today, nowhere in the world are the leading trade and business people women. However, two women can remember better and fulfill the conditions required by trade or debt contract by supporting and helping each other.

c. Forgetting is also about the psychological state of the woman. Maybe it is a blessing from Allah to her. In addition, it is a fact that women have a unique psychological mode of their own. Mazhar Osman, the psychiatrist, states the following regarding the issue:

“The difference in nature between men and women begins at a young age and increases gradually. First of all, the main temperament of women is emotionality. Traces of it are found in all female psychoses. Psychoses dominated by excitement are more common in women. From savage tribes to the women of the highest civilized nations, from a woman brought up in very modern way to a village girl who was born and raised in a village, all women have common feelings and gestures that are not different from one another.”

“Every woman spends half of her month preparing, menstruating, unnaturally and almost sick after menstruation. The role of the man in sexual intercourse consists of a five-minute union, and after that, while he is indifferent to love and even hates it, the woman carries the fruit of love in her belly for nine months and on her breast for two years. She displays many spiritual changes, natural and habitual nervousness related to pregnancy, childbirth and puerperium. How can men and women be equal? As the studies in psychiatry progress, we will see the difference between spirits and mentalities more clearly. Women live with excitement and men stand out with reasoning.” 12

Today, it is a psychological fact that women are more excited spiritually and that they get more excited about events than men. Gutteyman states the following regarding the issue:

“There are characteristic traits in women, such as perception, imagination, thought, will and action, which are generally suitable for excitement and can only be understood from this point of view. As a matter of fact, in studies to be carried out without considering this factor, the female spirit mostly remains a mystery.” 13

Yes, the fact that the testimony of two women is equal to the testimony of one man does not mean that a woman is half of a man because it is an act related to witnessing, that is, in the legal field, where importance is attached to the presence of all kinds of guarantees. It does not matter whether this testimony is in favor of or against the accused.

The woman has a nature that gets excited quickly due to her natural inclinations; her compassion outweighs; therefore, it is possible for her to be influenced by the conditions and reasons of the lawsuit. Therefore, when there is any mistake in one of the witnesses, the other can remind her to ensure that the truth is revealed. In the face of such an inborn characteristic, which no one can object to, it is just an obstinacy and an intentional attitude and it mostly originates from denial or hypocrisy to criticize the Quran by saying ‘women are not considered equal to men’. “

Let alone being criticized, Islam saves the woman, whose excitement and emotionality is much higher than that of men, from being under great spiritual responsibilities by giving her help in case she witnesses events that increase her excitement even more, and that it manages the institution of witnessing in the society as necessary; it is something that can only be applauded in terms of both women, and justice as well as society.

3. Woman’s Witnessing Alone

In Islam, the testimony of a single woman is accepted related to women’s affairs, which are mostly in the domain of women and cannot be understood by others. The purpose of witnessing is to reveal the truth, to prevent oppression and not to lose rights. Whether the witness is male or female is not the main issue.

The testimony of women is valid about birth, virginity and some important diseases of women. The testimony of women is accepted related to whether the child that was born was alive or not to decide about inheritance. The testimony of women is valid at the same level as that of men related to the determination of the crescent of Ramadan. 14

According to Maliki, Shafii and Hanbali scholars, their individual testimonies about virginity, marriage, childbirth, menstruation, breastfeeding and women’s diseases, which men cannot generally see or know, are also acceptable. 15

Footnotes:

1. Tahanawi, Kashshafu Istilahatil-Funun, 2/737-738.
2. Qurtubi, Jami, 3/390.
3. Bukhari, Sahih, 3/152; Tirmidhi, Sunan, 4/475.
4. Ahmad b. Hanbal, Hanbal, Musnad 6/189; Tirmidhi, Sunan, 4/474.
5. Bukhari, Sahih, 3/148.
6. Zuhayli, al-Fiqhul-Islami, 6/564.
7. Zuhayli, ibid, 6/564.
8. Ibn Abi Shayba, Musannaf; Zaylai, Nasbur-Raya, 4/81
9. Zuhayli, ibid, 6/568-569; Ibn Humam, Fathul-Qadir, 4/52; Ibn Abidin, ad-Durrul-Mukhtar, 4/405.
10. Zuhayli, ibid, 6/574.
11. Bekir Topaloğlu, İslâm’da Kadın, p. 241.
12. Dikmen, İslâmda Kadın Hakları, p. 204.
13. Zuhayli, ibid, 6/571
14. Zuhayli, ibid, 6/572; For hadith regarding the issue, see Haythami, Majmauz-Zawaid, 4/201; Zaylai, Nasbur-Raya, 4 /80-81.

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