Women Witnesses

I am currently reading a book by Ayatullah Saanei on women's rights in Islam. It is most interesting not necessarily because of what he says but because it is a religious scholar saying it!

Firstly, he quite rightly talks about the difference between rules that are specific to women because of specific characteristics, and those that are due to her position as a woman. For example, if you see a sentence in the Quran saying:

"In the garden, don't eat the apple in order that you do not fall sick"

You can (using Usuli techniques i.e. logic!), deduce a few things:
1. This injunction is to do with being in the garden and CANNOT be extended outside the garden
2. This injunction would not apply if you are not going to fall sick

Similarly in Surah Baqarah, verse 282, it says:

"O you who believe! when you deal with each other in contracting a debt for a fixed time, then write it down; and let a scribe write it down between you with fairness; and the scribe should not refuse to write as Allah has taught him, so he should write; and let him who owes the debt dictate, and he should be careful of (his duty to) Allah, his Lord, and not diminish anything from it; but if he who owes the debt is unsound in understanding, or weak, or (if) he is not able to dictate himself, let his guardian dictate with fairness; and call in to witness from among your men two witnesses; but if there are not two men, then one man and two women from among those whom you choose to be witnesses, so that if one of the two errs, the second of the two may remind the other; and the witnesses should not refuse when they are summoned; and be not averse to writing it (whether it is) small or large, with the time of its falling due; this is more equitable in the sight of Allah and assures greater accuracy in testimony, and the nearest (way) that you may not entertain doubts (afterwards), except when it is ready merchandise which you give and take among yourselves from hand to hand, then there is no blame on you in not writing it down; and have witnesses when you barter with one another, and let no harm be done to the scribe or to the witness; and if you do (it) then surely it will be a transgression in you, and be careful of (your duty) to Allah, Allah teaches you, and Allah knows all things." (Shakir)

After he discusses non-plausible arguments about why this is not relevant, he very carefully uses traditional Usuli techniques to explain how this is not relevant now:

1. He notes that this is to do with debts only and should not be extended to other contexts. This would be wrong, and not what is said in the Qur`an.
2. He notes that the reasoning ('illa) is that if one of the women errs, the other should remind them. This means that it is clearly to do with the fact that the woman might err. If the context changes, and perhaps the man might err, then the injunction would apply to the man. He goes further and remarks that it is clear that women being witnesses is not seen as less than a man BECAUSE she is a woman as there are examples of when women's accounts and testimonies are considered more important than men's e.g. to do with women's issues. This makes it clear that the ONLY consideration that matters is if it is likely that one of them might make a mistake.
3. He also notes earlier that the point of testimony is to reach satisfaction of what happened. There is little doubt that this can happen with women as well, as this happens in normal life.

Therefore, he concludes that based on the Qur`an, there is no doubt that a woman's value as a witness is the same as a man, and any difference will be dependent on their characteristics as people, rather than based on their gender.


There are only two questions remaining:
1. So why were women mentioned in this ahadith. It is plausible that in those days, matters to do with debts and other financial details were, in the most part, dealt with by men, and thus most women would not be well equipped to give witness in such cases. But this would only apply IF she might err and to remind her, simliar to if there was a man in a context that he was unfamiliar.
2. What about all the ahadith that discuss this topic.... this is the next chapter and will keep you informed!