Women’s Testimony in Islamic Law: Legal Philosophy. Context and Contemporary Misconception

Abstract

This Article Explores the concept of women’s testimony( Shahadah) in Islamic Law, examining its legal philosophy, scriptural foundation, and contemporary misconceptions. Testimony, along with confession and oath, is a primary means of proving crimes in Islamic jurisprudence, and it carries significant moral and social responsibility. The study analyzes Quranic verses, Hadith, and classical jurist opinions to understand the context in which women’s testimony is accepted or restricted, particularly in Cases of Hudud, financial matters, non-financial matters, and women-specific issues such as childbirth. The Article also addresses the rationale behind the so-called “half-testimony” of women, highlighting the jurists’ reasoning in terms of social roles, memory, and justice, while clarifying that these rulings are not meant to undermine women’s credibility. By contextualizing historical interpretations and addressing contemporary misconceptions, the study aims to provide a nuances understanding of the role of women as witnesses in Islamic legal thoughts.