The Qur’an clearly states that the evidence of two women is
equivalent to that of one man, giving the reason that if one forgets, the other
may remind her:
"And get two witnesses out of your own men. And if
there are not two men (available), then a man and two women, such as you agree
for witnesses, so that if one of them (two women) errs, the other can
remind her." (Qur’an 2:282)
Giving evidence in court can be a daunting experience,
especially as the judicial system will consist mainly of men, so the women can
give each other moral support as well as reminders. It is a serious and burdensome
responsibility, which has been lightened for women.
There are four situations in which evidence is required:
1- Crimes related to penal ordinances and retaliation. If men
and women are both available, the men will be called to give witness and the
women will not be summoned.
2- In economic affairs related to wealth and property, which
are usually the domains of men, the evidence of two men is accepted. If two men
are not available, then one man and two women will be accepted.
3- In affairs concerning women only such as pregnancy, birth,
sexual defects, the evidence of one woman alone is accepted.
4- In criminal cases where only women are the witnesses, the
four Imams (religious leaders) are unanimous in not accepting the evidence of women.
They reason that in cases such as murder and rape, the women will be emotional
and may get confused. Such evidence becomes suspicious, and a principle of Shar'iah
(Islamic law) is that any suspicion about the evidence makes the evidence null
and void. In this context the Zahiri school of thought is more credible.
It states that if women alone are the witness in a criminal
case, their evidence will be accepted according to the principle of two women's
evidence being equivalent to that of one man. So in cases of adultery, the
evidence of four men or eight women will be accepted. They argue that to reject
women's evidence entirely in such cases will allow much crime to go unpunished.
It is an established scientific fact that women cannot
explain the intimate details of events with the accuracy which men are capable
of. This fact has been confirmed by much research, such as Dr. Harding's. in
his book 'The Way of All Women.' According to one Hadith, the Prophet described
women as being incomplete in reason and religious practice because they are
exempted from the five daily prayers and fasting during their monthly
menstruation. Their incompleteness in reason is taken into account in the field
of legal evidence. Giving evidence in court is a serious responsibility from
which a woman is relieved, just as she is relieved from attending the Mosque
for the five daily prayers and the Friday prayer.
