The Issue of Women’s Testimony and Gender Equality

a) Testimony and the Importance of Testifying

The word shahāda (testimony) is derived from the root sha-ha-da, which means “to be present.” In its literal sense, it denotes “certain knowledge” or “definitive information.” In Islamic legal terminology, it refers to the formal declaration made before judicial authorities—such as stating, “I testify” or “I bear witness”—by a person known for their truthfulness, in order to establish a right or confirm a claim.

In Islamic law, testimony is a significant means of proof. Depending on the nature of the case, sometimes the testimony of just two witnesses, or in other instances four, can determine significant personal or divine rights. At times, a testimony can even result in sentences as severe as the death penalty. Therefore, the Messenger of God (peace and blessings be upon him) emphasized that one may only testify about something they have witnessed as clearly as seeing the sun.  The Prophet Muhammad (peace and blessings be upon him) was once asked about testimony and responded: “Testify to that which you have seen as clearly as you see the sun, or else refrain from testifying.”

In another hadith, the Prophet (peace and blessings be upon him), while enumerating the gravest of sins, placed particular emphasis on false testimony: “Shall I inform you of the gravest of the major sins?”

“Yes, O Messenger of God (peace and blessings be upon him),” the companions replied. He said, “Associating partners with God, disobedience to one’s parents.” Then he sat up from his reclining position and added, “And beware, false testimony! Beware, false testimony!” He repeated it so many times with such intensity that the Companions wished he would stop.

In another narration by Ayman ibn Khuzaym, the Prophet (peace and blessings be upon him) said three times: “O people! False testimony is equivalent to associating partners with God.”

Then he recited the following verse: “So shun the filth of idols and shun lying speech.” (Qur’an, Al-Hajj 22:30)

A hadith narrated by Anas ibn Malik further demonstrates the weight of testimony in the sight of God. Once, as a funeral procession passed in front of the Prophet (peace and blessings be upon him), the Companions spoke well of the deceased. The Prophet (peace and blessings be upon him) said, “Paradise has been made obligatory for him.” Later, another funeral passed, and this time the Companions spoke ill of the deceased. The Prophet declared, “Hell has been made obligatory for him.” When the Companions asked for an explanation, the Prophet (peace and blessings be upon him) replied: “The believers are the witnesses of God on earth.”

This high regard for the institution of testimony serves the purpose of fully realizing justice. For this reason, Islamic jurisprudence requires certain conditions to be met both in the witness and in the testimony itself—further emphasizing how serious and weighty a responsibility testifying truly is.

b) General Conditions Required in a Witness

a. Mental competence and puberty:

There is consensus that a witness must be mentally competent and have reached puberty. The testimony of individuals who lack sound mental judgment—such as the insane, the intoxicated, or children—is not accepted, as their words cannot be trusted.

b. Freedom:

There is agreement that a witness must be free. The testimony of slaves is not accepted because they are under the influence of their masters and do not possess full legal autonomy. (This rule applies specifically to times when slavery was still practiced.)

c. Islam:

In an Islamic society, a witness must be Muslim. The testimony of a non-Muslim against a Muslim is not accepted, as such a person is generally viewed with suspicion in the public eye when giving testimony concerning a Muslim.

d. Sight:

The ability to see is a requirement for witnessing. Testimony is, first and foremost, based on direct observation. Additionally, being able to identify the person on whose behalf the testimony is given and to point them out during testimony makes vision necessary. A blind person can only distinguish people by voice, which may be unreliable due to similarities between voices. However, some Islamic scholars have allowed blind individuals to testify in cases where visual confirmation is not a necessity.

e. Speech:

The ability to speak is required for testimony. Even if a mute person’s signs are understood, their testimony is not accepted, as gestures are not recognized as valid in legal testimony. Legal testimony demands clear and verbal articulation to ensure certainty. Nonetheless, some Islamic jurists have accepted the testimony of a mute individual.

f. Justice (Integrity):

All Islamic jurists agree that a witness must be just. The Qur’an states, “From among those whom you are pleased to be witnesses…” (Al-Baqarah 2:282) and also, “And bring to witness two just men from among you…” (At-Talaq 65:2).

Linguistically, justice refers to being balanced, moderate, and trustworthy. In Islamic legal terminology, it means avoiding major sins and not persisting in minor ones. Ideally, one should abstain from all sins to be a valid witness. In practice, the general conduct of a person is taken into account—if someone is known for sinning frequently, this affects their credibility. While someone who rarely sins may still be accepted as a witness, those who commit major sins or are habitual in minor ones are considered unjust and their testimony is not accepted. This standard ensures the trustworthiness of witnesses and the protection of rights.

In Islamic law, judgments are based on outward appearances. Islam strictly prohibits the investigation of people’s private sins. Except in cases involving hudud (fixed punishments) or retaliation (qisas), the witnesses’ background is not scrutinized unless challenged by the opposing party. Outward or apparent justice is considered sufficient, as indicated in the hadith: “Except for the one punished for slander, Muslims are considered just towards one another.”

g. Being Free from Suspicion:

Islamic jurists are unanimous in their view that testimony given under suspicion is not valid. Suspicion refers to situations where the witness has a mutual benefit or potential harm in relation to the party on whose behalf they are testifying. For example, a father’s testimony in favor of his son or grandson, or a child’s testimony in favor of their parents or grandparents, is not accepted.

The Conditions Required in the Testimony Itself Are as Follows:

1. The Expression of Testimony:

The witness must explicitly use wording that denotes testimony. If the witness says “I testify” or “I bear witness,” their testimony is valid. However, if they instead say “I know” or “I believe,” such wording is insufficient, and their testimony regarding the matter will not be accepted.

2. The Testimony Must Be Relevant to the Case:

The testimony must align with the claim being made. If the testimony differs from the subject of the lawsuit, it is not accepted. However, if it is possible to reconcile the claim and the testimony, it may be deemed acceptable by the claimant. This brief information about testimony shows us that, in Islam, the institution of witnessing is of great importance and must be approached with the utmost care and sensitivity.

C. Women’s Testimony

a) One Man, Two Women

In Islamic law, a woman’s testimony is valid. This is because women, like men, possess the essential qualities for giving testimony, such as accuracy and the ability to communicate clearly. Women’s testimony is explicitly mentioned in the Qur’an: “Call two of your men to witness. But if two men cannot be found, then one man and two women from among those you accept as witnesses—so that if one of them forgets, the other can remind her.” It is not always possible to find two male witnesses. In such cases, Islam provides ease and includes women in the responsibility of witnessing. The verse initially calls upon men to serve as witnesses. This is because, in an Islamic society, men typically make up the working class. In such a society of peace and security, unlike the corrupted societies of today, women are not forced to work for meager wages at the expense of their own well-being and that of society. Instead, they fulfill the much more significant and noble role of raising and educating future generations. As such, they are not obliged to abandon their vital maternal duties to take part in outside affairs like commerce, legal representation, or serving as witnesses.

Therefore, becausewomen may have less experience and knowledge in matters of public dealings such as agency, surety, and testimony, the verse initially assigns the task of witnessing to men. However, if two men cannot be found, the verse states that “one trustworthy man and two women” may serve as witnesses.

The reason two women are considered equivalent to one man in testimony is not because of any inferiority or inequality between men and women, but rather due to the nature of the subject matter and women’s psychological disposition, which may affect their memory retention in such matters. This has nothing to do with claims made by proponents of gender equality who argue that women are not valued or treated as full persons in Islam.

“If two men cannot be found, then one man and two women from among those you accept as witnesses—so that if one of them forgets, the other can remind her.”

The forgetfulness mentioned here can arise from a variety of reasons.

b) Reasons for Forgetfulness

1. In an Islamic society, women typically have less exposure to the marketplace and public interactions compared to men. Her most prominent and valuable role is that of motherhood. Thus, Islam, in terms of the division of labor within society, assigns external responsibilities such as earning a livelihood more heavily to men. Meanwhile, it recommends—though not mandates—that women engage in managing the household, maintaining the home, and raising and educating children—duties which are arguably even more significant and inherently more aligned with a woman’s nature and psychological makeup. Therefore, a woman is less frequently a witness to events that take place in public settings.

Even when a woman occasionally goes to the market, transactions and events that occur there often do not hold her attention as strongly, since they are not her primary concern. If something catches her attention only momentarily, it may be easily forgotten. According to psychological principles of memory, the more frequently a person encounters an event, the more firmly it becomes rooted in memory. Conversely, memory is weaker regarding events that are rarely encountered or only lightly observed. Recalling such events later, with full detail and clarity, becomes more difficult.

Therefore, when it comes to commercial or interpersonal transactions—matters a woman may rarely witness—her impressions, observations, and memory are naturally more limited than those of a man. Hence, the requirement for a second woman to accompany a female witness ensures a more accurate and just testimony. At the very least, the second woman can remind the first of any details she may have forgotten, thus strengthening and supporting her testimony. This also serves to protect the woman from any suspicion or doubt cast upon her in such an important legal matter.

This is precisely why the Qur’an assigns a supporting companion to the woman in testimony and, by doing so, emphasizes its commitment to fairness and justice. 2. Throughout human history—including the modern era, when women have participated in public life more extensively under the banner of “women’s rights”—women have never been as deeply involved in commercial life as men. Even today, governance and trade remain overwhelmingly male-dominated fields across the world.

Consequently, in areas such as administration, military affairs, and particularly commerce and contractual agreements, women generally possess less knowledge, experience, and familiarity than men. This may, in certain situations, impair their ability to provide sound testimony. That said, there certainly are women who understand these matters better than many men. However, in legal and public matters, general rules are formulated based on what is common, not on exceptional cases. As of today, in any part of the world, women are rarely among the leading business and commercial figures. Nevertheless, two women—through mutual support and cooperation—can better remember and fulfill the conditions of a commercial or debt-related transaction.

3. Forgetfulness Is Also Related to the Psychological Nature of Women

This may, in fact, be a mercy and favor from God to her. It is also a well-established truth that women possess a psychological state unique to their nature. Renowned psychiatrist Mazhar Osman notes the following on this matter: “The difference in nature between men and women begins at a very young age and only grows over time. The fundamental temperament of women is emotionality. Traces of this can be found in nearly all female psychoses. Psychoses dominated by emotion—such as manic-depressive insanity—are more common in women. From primitive tribes to the most advanced civilized nations, whether a highly cultured lady or a village girl raised in a rural setting, women share common feelings and display similar gestures. Every woman spends about half the month preparing for, undergoing, and recovering from her menstrual cycle, during which she is in an abnormal, nearly ill-like state.

In matters of sexuality, the man’s role is limited to a brief encounter, after which he often becomes indifferent, even dismissive. The woman, however, carries the result of love in her womb for nine months, and at her breast for another two years. Pregnancy, childbirth, and postpartum experiences are accompanied by many psychological changes and commonly accepted nervous sensitivities. How, then, can a man and woman be considered equal? As studies in psychiatry advance, the differences between male and female psychology and mentality will become even clearer. Woman lives by emotion; man is distinguished by reason.”

Today, it is a psychological fact that women are generally more emotionally reactive than men and tend to become more emotionally affected by events. The scholar Gutteyman similarly states: “Women’s faculties of perception, imagination, thought, desire, and action all exhibit traits that align with emotionality. These features can only be properly understood when viewed through that lens. Any study of the female psyche that does not consider this factor will leave a significant portion of it an unsolved mystery.”

Indeed, the equivalence of two women’s testimony to that of one man should never be interpreted to mean that a woman is worth “half a man.” This legal stipulation stems purely from a field—law—where utmost certainty and protection are emphasized. Whether the testimony is in favor of or against the accused does not alter this.

Due to her natural tendencies, a woman is more likely to be emotionally swayed and moved by compassion, and may be influenced by the context and circumstances of a case. Therefore, the inclusion of a second woman serves as a safeguard, ensuring that any lapse or deviation in one’s memory or perception is corrected by the other—thereby guaranteeing that the truth is upheld.

To accuse the Qur’an of demeaning women on this basis is not a genuine critique but a reflection of stubbornness, ideological bias, or outright disbelief or hypocrisy. In reality, Islam’s recognition of a woman’s emotional makeup and its concern for not placing overwhelming responsibilities on her shoulders in sensitive situations should be seen not as criticism, but as wisdom and mercy. Rather than being a point of criticism, this provision should be applauded as a reflection of Islam’s commitment to justice, and its care for both the individual—woman or man—and the broader society.

c) A Woman’s Testimony on Her Own

In Islamic law, in matters that fall predominantly within the realm of women and are generally inaccessible to men, the testimony of a single woman is deemed sufficient. The aim of testimony is to bring the truth to light, prevent injustice, and ensure that rights are not lost. Whether the witness is male or female is not the primary concern.

In issues such as childbirth, virginity, and certain serious illnesses specific to women, a woman’s testimony is accepted. For example, in inheritance matters, the testimony of women is accepted to determine whether a newborn has made a sound (indicating life). Likewise, the sighting of the new moon for Ramadan can be confirmed by a woman’s testimony just as validly as a man’s. According to scholars from the Maliki, Shafi’i, and Hanbali schools, a woman’s sole testimony is acceptable in matters where men typically lack access or knowledge—such as virginity, marriage, childbirth, menstruation, breastfeeding, and illnesses particular to women.

Dr. Selman Kuzu: April-May-June 2001, Issue: 52, Year: 13