A woman's testimony alone

 

See https://heudis.blogspot.com/2024/12/the-testimony-of-woman-is-half-that-of.html too

This verse ( And bring to witness two witnesses from among your men. But if there are not two men, then a man and two women from among those whom you accept as witnesses, so that if one of them errs, the other may remind her ) Al-Baqarah/282, and the hadith (( deficient in intelligence and religion )) have aroused the anger of men, and made them hesitate to treat women as fully qualified human beings, with complete mental and intellectual abilities! Thus, the issue of testimony was one of the important issues that saddened women, stirred up their emotions, and made them doubt their abilities and the fullness of their minds compared to men! And it led them to wish for masculinity:


1 - Do you know that the testimony of a woman alone is accepted regarding the crescent of Ramadan, just like that of a man?

2- Did you know that women’s testimony is accepted in matters that are specific to women? Ibn Qudamah said in Al-Mughni: ((The testimony of a just woman is accepted in matters that men do not know about, such as breastfeeding, childbirth, menstruation, waiting period, and the like. We do not know of any disagreement among scholars regarding the acceptance of the testimony of women alone in general)), and he explains the ruling in another place, saying: ((The testimony of women alone is accepted - separate from men - in five things: 1- Childbirth , 2- The first cry , 3- Breastfeeding, 4- Defects under the garment such as patches , horns , virginity , puberty , and leprosy , 5- The expiration of the waiting period ... And from Ahmad another narration: that only two women are accepted in matters of breastfeeding. If a man testifies to something of that, then his testimony alone is accepted)). 3- Did you know that the testimony of one woman is accepted? Ibn Qudamah said: ((And in every case in which the testimony of women alone is accepted, the testimony of one woman is accepted)). Ibn Abidin’s commentary states the following: “One free Muslim woman is accepted in matters of virginity, women’s defects, and things that men cannot see, and two is more cautious.” Wahbi Sulayman Ghawji al-Albani says: “As for matters related to women, a woman’s testimony is acceptable, and her testimony alone is sufficient, as the testimony of a man alone is not accepted.” It is stated in the hadith: “Uqbah ibn al-Harith asked the Prophet ( peace and blessings of Allaah be upon him ) and said: ‘I married a woman. Then a black slave girl came and said: ‘She breastfed us?’ So he ordered him to divorce his wife. He said: ‘She is lying. ’ So the Prophet (peace and blessings of Allaah be upon him) said: ‘Leave her alone.’” Ibn al-Qayyim commented and said: “This is the acceptance of the testimony of one woman, even if she is a slave, and her testimony is about her own actions.” Marouf Al-Dawalibi commented on this with beautiful words, saying: “Islamic law has tended to strengthen the testimony in financial cases in an absolute manner with the testimony of another man, in addition to the first man, so that the testimony is not subject to accusation. No one considered the halving of a man’s testimony here and strengthening it with the testimony of another man to be an attack on his dignity, as long as that strengthening is more guaranteeing of people’s rights.”













Moreover, the testimony of a man was never accepted “alone” even in the most trivial financial cases. However, a woman was given the advantage over a man in that her testimony was heard “alone”, without a man, in what is more serious than testimony on trivial matters, as is evident in the testimony on birth and what is related to it in terms of lineage and inheritance, while the testimony of a man was not accepted “alone” in the most trivial financial cases. This is an eloquent response to those who accuse Islam of discriminating between men and women in testimony. 

So why did a man not consider the non-acceptance of his testimony alone a defect in him and a deficiency in the perfection of his mind? And why did he not object? Likewise, a woman should trust herself and accept the judgment of her Lord.

Do you know, then, that in accepting a woman’s testimony in women’s matters, and accepting the testimony of a single woman, there is strong evidence of her complete competence?

If the deficiency in a woman’s complete intellect was real and not metaphorical, Islam would not have permitted her testimony in any matter. However, Islam accepted the testimony of a woman in women’s affairs, despite the importance of testimony and the rulings and conditions that it may lead to. False testimony or undocumented testimony in such matters may result in great harm, because it may lead to divorce or prevent marriage, or lead to extreme danger if an error occurs in it, mixing lineages and depriving an inheritance...

4 - Do you know that priority in testimony is given to women in their affairs? After Muhammad Sa’id Ramadan al-Buti spoke about the testimony of two men in criminal matters, he said: ((On the contrary, the testimony of a woman in matters of breastfeeding, custody, lineage, and the like, the legal priority in it is for the testimony of a woman, since she is more connected to these issues than a man, as is clear and well-known. Rather, it

was narrated from al-Sha’bi that he said: There are testimonies in which only the testimony of women is permissible. (Quoted from al-Turuq al-Hukmiyyah by Ibn al-Qayyim: p. 145))). He adds in the same book: ((If this were the case (meaning the woman’s descent from the man), the priority would not be given to the woman’s testimony in matters of breastfeeding, custody, lineage, and other matters in which the relationship is with women more than with men, and the priority would not be given to the woman’s testimony in every dispute that occurred between women with each other, whatever the reason)).

5 - Do you know that the woman’s testimony is sometimes given precedence over the man’s testimony after hearing both testimonies: ((The option of annulment is established for each of the spouses due to a defect he finds in the other... If they differ about the defects of women, trustworthy women are shown and the statement of one woman is accepted in it. If she testifies to what the husband said, otherwise the woman’s statement is accepted)).

6 - Do you know that the testimony of women is sometimes accepted in criminal matters while the testimony of men is not taken into account?! This is in the cases mentioned by Mustafa Al-Zarqa: (((The testimony of a woman alone) is accepted in some cases, which are: if the event that the woman will testify to occurs in a place where there are no men, such as women’s bathrooms... So the testimony of women alone is accepted in crimes that occur in their bathrooms)).

7- Did you know that the reason for giving half of a woman’s testimony in some cases is not in the woman’s mind? Rather, the reason is as the verse says: “ Lest one of them err and the other remind her.”) And a woman does not go astray if she is just in what pertains to her duties and her world, but she may go astray in other matters: ((As for the testimonies in which there is no fear of error in the usual way, the woman is not half of the man in them, and their testimony is accepted in them individually because they are things that she sees with her eyes or touches with her hand or hears with her ear without relying on reason, such as childbirth, breastfeeding, menstruation, and defects under the clothes, because such things are not forgotten in the usual way and knowing them does not require the use of reason.

Ibn Qayyim al-Jawziyyah said: ((And the just woman is like the man in truthfulness, honesty, and religion, except that when she is feared to be forgetful and forgetful, she is strengthened by her like, and that may make her stronger than one man or his like)).

Do you know how Muhammad Sa`id Ramadan al-Buti explained that the testimony of two women is equal to one man? ((The conditions that are taken into consideration in testimony are not related to the description of masculinity and femininity in the witness, but they are related in their entirety to two matters:

The first is the justice and control of the witness...
The second is that it is between the witness and the The incident to which he testifies is a connection that qualifies him to be aware of it and testify about it...

It is known that if the judge finds that this (witness) has these qualities (i.e., tenderness of feelings and emotions), then his testimony becomes unacceptable. Because there must be evidence that his connection to the criminal matters and his ability to witness them is weak or non-existent, which is the matter that makes him lose his eligibility to testify about them...

Finally, we say: If femininity and masculinity played a role in the value of testimony and the extent of its legitimacy, then the woman’s testimony would be superior in the matter of cursing, i.e. her four testimonies would be worth only two of his testimonies. But the reality is that they are equal... Allah has made the value of the four testimonies that prove adultery equivalent to the value of the four testimonies that deny it. This confirms that femininity and masculinity in and of themselves have no role in the value of testimony)).

8 - Do you know that testimony is different from narration? The narration of a single woman was accepted - and still is - in every matter, even in hadith: ((The prophetic hadith that a woman narrated to us from the Messenger of Allah (peace be upon him) has the same authority as the hadith narrated by a man)). No one rejected the statement of a woman simply because she was a woman. Al-Shawkani said: ((It was not reported from any of the scholars that he rejected the report of a woman because she was a woman. How many Sunnahs did the nation accept from a single woman from the Companions, and this is not denied by anyone who has the slightest share of knowledge of the Sunnah)).

Ibn al-Qayyim said: ((The Lawgiver (peace and blessings of Allah be upon him and his family) never rejected the report of a just man, neither in a narration nor in a testimony, but rather he accepted the report of a single just man in every place he reported it... and he accepted the testimony of a black slave woman alone regarding breastfeeding)).

9 - Do you know the most important thing in the matter? The issue of testimony that seems at first glance to be a preference for men over women is not so! Here is what proves that:

First - I do not know what gains were lost to women when their testimony was half-truthful, and what rights were they deprived of in this world?

Marouf Al-Dawalibi says: “Islam has made financial cases easier for women, and made the testimony of two women equal to the testimony of one man, so that people would turn away from calling on her to testify, and would give preference to the testimony of the man... So dividing the testimony of a woman in financial cases was not dividing a right, but rather reducing the burden.”

He also says: ((Testimony in the general concept of Islam is a heavy ((burden)) that people evade, and it is not a ((right)) that they compete for in order to be taken away from them. Therefore, the Holy Qur’an forbade ((evading)) from bearing testimony, and said in that: ( And let not the witnesses refuse when they are called upon ) ... Likewise, the Qur’an strongly warned against (( concealing testimony )), because that exposes people’s rights to loss, and said: ( And do not conceal testimony. And whoever conceals it - indeed, his heart is sinful ), and it was said in ( And do not conceal testimony ): ((meaning do not hide it, or conceal it, or reveal it.

Ibn Abbas and others said: False testimony is one of the greatest major sins, and so is concealing it, and that is why He said: ( And whoever conceals it - indeed, his heart is sinful ), Al-Suddi said: meaning his heart is wicked, and this is like the saying of God Almighty: ( And do not conceal the testimony of God; indeed, if we did, we would be among the sinners )), and not concealing testimony means going to court, adhering to the time specified for the session, and bearing the consequences of that, and in this there is a burden. It is not hidden. This is also what Mustafa Al-Zarqa said: ((Performing testimony is not a privilege or a right in Islam, but rather it is a duty for which the witness bears hardship and difficulty, and therefore we see many people who hate being called by the judge or opponents to testify, especially in criminal and hudud cases, because they are exposed to interrogation by opponents, and their justice is challenged... And let us not forget that the Sharia - in some types of hudud such as adultery, for example, and according to a number of jurists - requires flogging witnesses if their testimony is not sufficient to prove the charge against the accused)), and it was said: ((Umar ibn Al-Khattab (:radia-icon:) used to flog a false witness forty lashes, and his face was disfigured, and his head was shaved, and he was paraded around the market. Most scholars said: His testimony is never accepted, and if he repents and his condition improves, then his matter is up to Allah)).

And ((testimony)) has no material or moral gain in this world (And establish the testimony for Allah): ((i.e., purely for His sake, that is, they establish it not for the one for whom they testify, nor the one against whom they testify, nor for any other purpose, other than establishing the truth and repelling injustice... The verse indicates the prohibition of taking payment for giving testimony)) ((i.e. they give it seeking the face of Allah, then it is correct and just in truth, free from distortion, alteration, and concealment)).

Second - What are the gains that women lose in the afterlife? The gains of the Hereafter are more important because we are talking to Muslim women who hope for the Hereafter and fear Allah’s punishment.

Yes, testimony has a reward in the Hereafter, and it relieves the distress of the witness and the one who is testified to in this world. However, the means of reward are many, more than can be counted. If a woman seeks reward, she should look for a safer way than testimony, because testimony is a great and heavy trust: ( Be persistently standing firm in justice, witnesses for Allah, even if it is against yourselves.) That is, bear witness to the truth even if it harms you. If you are asked about a matter, speak the truth even if it harms you... ( or parents and relatives .) That is, if the testimony is against your parents and relatives, do not be afraid of them in it, but bear witness to the truth even if it harms them. Is there anyone among the common people today who fears Allah and testifies against himself? Testimony is a responsibility and a trust, and the witness must be truthful and fear Allah: ( Not a word does he utter but there is an observer by him ready [to record ]). He acknowledges what he saw himself, or heard with his own ears, not what he heard from others: ((It is enough of a lie for a man to relate everything he hears.))

It was narrated on the authority of Ibn Abbas that the Prophet () He said to a man: ((Do you see the sun?! The man said: Yes. The Prophet said: Testify to something like it or leave it.)) The witness must describe what he saw and recite what he heard, accurately and clearly, and only say what he knows for certain, so that he can convey a true picture (even if it is incomplete, as a second witness may complete its deficiency). Usually, the incident follows quickly and it is difficult to narrate its details accurately... This is a dangerous matter - if it happens - because of the harm that results from it, along with the fear that the witness may fall into sin if he testifies while he is not certain.

Testimony is a dangerous matter, and a frightening thing in which there is doubt: ((So whoever avoids doubtful matters clears himself in regard to his religion and his honor, but whoever falls into doubtful matters falls into what is forbidden, like a shepherd who pastures his flock around a sanctuary and is likely to graze therein.))