Women's Testimony in Islamic Jurisprudence-Quran’s Enduring Wisdom And Its Capacity To Address And Evolve With Changing Social Contexts
By
V.A. Mohamad Ashrof, New Age Islam
20 June
2024
Medieval Scholars, Misreading Q.2:282, Posited
That Women Were Less Intelligent Than Men, Thus Needing Two Female Witnesses To
Equal One Male Witness. This Interpretation Reeked More Of The Prevailing Social
Biases Than The Quran's True Intent.
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The
interpretation of Quranic verses has been the bedrock of Islamic law for
centuries. However, some interpretations have gone off the rails, straying from
the Quran's original spirit. A prime example is the understanding of women's
legal testimonies, particularly in financial matters. One verse (Q.2:282)
has been twisted to suggest a woman's testimony is worth half a man's.
This paper
dives into this issue, examining the verse within the broader framework of
Maqasid Sharia (Islamic legal objectives). By sifting through the verse's
historical context and aligning it with the Quran's core values, we can steer
towards a more even-handed interpretation for Muslim communities today.
Medieval
scholars, misreading Q.2:282, posited that women were less intelligent
than men, thus needing two female witnesses to equal one male witness. This
interpretation reeked more of the prevailing social biases than the Quran's
true intent. The verse doesn't diminish a woman's testimony; it addresses the
social realities of the era. Back then, women weren't typically involved in
managing financial transactions. The need for a second woman was to ensure
accuracy, not to imply inferiority.
Amina
Wadud, a contemporary scholar, reinforces this interpretation. She emphasizes
that the verse specifically refers to financial matters. She argues that the
additional woman acts as a corroborator, making sure the main witness's
testimony is on point, especially considering the limited role women played in
financial dealings at that time. This safety measure acknowledged women's
unfamiliarity with financial transactions, not their intellectual capacity.
(Wadud, 1999:85).
Scholars
like Khaled Abou el-Fadl highlight that the Quran only differentiates between
male and female witnesses in financial transactions. Abou el-Fadl points out
that the phrase "so that if one of them errs the other can remind
her" suggests a specific situation rather than a blanket rule about women
being inferior. Women, largely illiterate and not involved in borrowing or
lending during that period, were less accustomed to witnessing financial
matters. The Quran's wisdom in accommodating this reality reflects its intent
to include women in legal processes without jeopardizing the fairness of the
transaction. (Fadl, p. 157-158)
Even Ibn
Qayyim al-Jawziyya (d.1350), a revered conservative scholar, offers a more
egalitarian interpretation. He argues that the verse's specific context
shouldn't be stretched to imply that a woman's legal testimony is inherently
inferior. The high standards for transmitting hadith, where women's testimonies
are accepted without question when they meet stringent criteria, further
bolsters the view that women's testimonies are not inherently inferior. (Fadel,
p.198–199)
The Maqasid
Sharia approach to Q.2:282 reveals the Quran's forward-thinking approach
to women's roles in society. Rather than excluding women from financial
matters, the verse includes them in a way that considers their historical
context. The requirement for two female witnesses was a practical solution to
ensure accuracy and fairness, not a comment on women's intellectual
capabilities. Today, as women are increasingly involved in all aspects of
society, including finance, the historical context of Q.2:282 becomes
even clearer. The need for two female witnesses is no longer relevant in a
world where women are as educated and experienced in financial matters as men.
Thus, modern Islamic jurisprudence should reflect this evolved understanding,
recognizing the equal validity of women's testimonies in all matters.
Jeffrey
Lang expounds that of the 8 references in the Quran that instruct on taking
oaths and giving testimony (2:282; 4:6; 4:15; 5:109; 5:110; 24:4; 24:6-9;
65:2), only 2:282 mentions the sex of the witnesses. (Lang,
p.165-166)
In the case
of the wife’s self-defence against suspected infidelity, the wife’s testimony
supersedes the husbands’ testimony (Q.24:6-9).
Moreover,
when it came to narrating the words of the Prophet and contributing to the
hadith corpus that would become the second major source of Islamic law after
the Quran, there was no distinction whatsoever between men and women. There
were simply two qualifications—not necessarily easy to fulfil—that were
required for any narrator to be a transmitter of hadith: Adalah, integrity, and reliability in memory. (Nadwi,
p.18). This fact has gone undisputed within Islamic scholarship from its
inception, so it comes as no surprise that the wife of the Prophet, Aisha, was
among the top five narrators of hadith. Or the fact that Akram al-Nadwi has
recorded the names and stories of over eight thousand women who not only
studied and transmitted hadith, but were the teachers of some of the most
influential male scholars in Muslim history. Men like Urwah ibn al-Zubayr
testified that Aisha was the most knowledgeable scholar amongst all the
companions, and in many cases she contradicted and corrected the hadith of
other companions like Abu Hurayrah or Ibn Umar, and no jurist in the history of
Islam ever claimed that her testimony was less than theirs because she was a woman.
Egyptian
reformer Muhammad Abduh in viewing the relevant scriptural passages as
conditioned on the different gender roles and life experiences that prevailed
at the time rather than women's innately inferior mental capacities, making the
rule not generally applicable in all times and places. (Fadel, p.187)
The Quran’s
progressive spirit is evident in its accommodation of women's societal roles.
The verse could have simply mandated male witnesses, but it instead included
women, ensuring their participation in legal processes. This inclusion, albeit
with additional support, was radical for its time and underscores the Quran's
commitment to gender inclusion.
The
interpretation of Q.2:282 should be viewed through the lens of its
historical context and the Quran's overarching principles of justice and
equality. The requirement for two female witnesses in financial transactions
was a pragmatic solution tailored to the societal conditions of the time, not
an assertion of women's inferiority. As contemporary scholars and jurists
re-examine these interpretations, it becomes clear that the Quran advocates for
the inclusion and equal treatment of women, aligning with the progressive and
egalitarian values of Islam. The verse serves as a testament to the Quran’s enduring
wisdom and its capacity to address and evolve with changing social contexts.
References:
Fadel,
Mohammad, "Two Women, One Man: Knowledge, Power, and Gender in Medieval
Sunni Legal Thought", International Journal of Middle East Studies, 1997,
29 (2)
Fadl,
Abou El, Khaled M, Speaking in God’s Name: Islamic Law, Authority and Women.
Oxford: Oneworld Publications, 2003
Lang,
Jaffrey, Struggling to Surrender, 2nd edition, Beltsville, Maryland: Amana
Publications, 1994
Nadwi,
Mohammad Akram, al-Muhaddithat: The Women Scholars in Islam, Oxford: Interface
Publications, 2007
Nasr,
Seyyed Hossein (ed), The Study Quran, a new translation and commentary, New
York: HarperOne, 2015
Wadud,
Amia, Quran and Woman: Rereading the Sacred Text from a Woman’s Perspective, New
York, NY: Oxford University Press, 1999
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V.A.
Mohamad Ashrof is a Keralite scholar on Islam and contemporary affairs
New Age Islam, Islam Online, Islamic Website, African
Muslim News, Arab World News, South Asia
News, Indian Muslim News, World Muslim
News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism