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. ------- 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 ----- V.A. Mohamad Ashrof is a Keralite scholar on Islam and contemporary affairs URL: https://www.newageislam.com/islamic-ideology/islamic-jurisprudencequranwisdom-social-contexts/d/132537 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