Kuwait-University-Journal-of-Law-header
Search
Journal of Law

Previous Issues

Advance Search
Year : From To Vol
Issue Discipline:
Author

Volume :6 Issue : 14 1989      Add To Cart                                                                    Download

Judgements Concerning Women Testimony to Venalities

Auther : By: Dr. Muhammed Hassan Abu Yahya.

Judgements Concerning Women Testimony to Venalities

By: Dr. Muhammed Hassan Abu Yahya.

1. Islamic law (Shari’ah) pays much attention to the preservation of rights and divides them into right’s seen or witnessed by men alone, in most cases, (Examples of such rights are property, penalties and other rights), and rights witnessed by women alone.

2. One of the aspects of Shari’a’s concern with rights is its establishment of valid methods and means to confirm rights such as testimony which is considered a means of right’s preservation.

3. Preservation or maintenance of property is part of public good and is vital for the establishment and continuity of the Islamic community.

4. Shari’a consider men’s testimony as a good method for confirming rights which men alone usually witness because they frequently see them.

5. Testimony is considered to be an effective method of guarding property against ingratitude and ungratefulness and it is of three types. These are man’s testimony, women’s testimony and both men and women’s testimony.

6. The testimony of two women together is equivalent to the testimony of one man alone. This should not be misunderstood as lowering of the Muslim woman’s satus or a degradation of her and that women are inferior to men. However, this judgement has its justifications which have been referred to at the outset of this paper. Among those justifications is the much importance attached to guarding property which is more liable to be an object of greed. Only the testimony of two women is reliable and accepted as it is stated in the Quranic verse “And if they are not two women, then a man and two women, such as you choose, for witness (Bagara:282)”.

7. Circumstantial evidence concerning property is more common than testimony. Circumstantial evidence is concerning property makes what is right manifest by different ways and means such as confession and testimony. Testimony concerning property is : Two women bearing witness, or one man and two men as witnesses, or testimony of one man and the plaintiff’s oath or testimony of two women and the plaintiffs oath and if the denial of one’s testimny becomes apparent to the judge. However, testimony concerning property is one part of evidence and not the whole evidence.

8. Testimony of women together with men and their testimony alone in matters other than property and penalty in what is frequently witnessed by men is a matter of personal effort and deligence in forming juristic opinion (ljtihad) and is controversial issue among Muslim jurists. Those who opt for two testmnies, in these matters, made the condition that the minimum number of witnesses is two Muslim women alone with the plaintiff bearing witness (with an oath).

9. Those who opt for women testimony concerning these rights to property based their opinion on the fact that these rights are frequently witnessed by men. Thus made a woman’s testimony half of a man’s testimony.

10. Whether we opt for the opinion which says that a woman’s testimony is half of a man’s testimony, in matters of property or penalty which are usually witnessed by man, or for the complete unacceptability of Women’s testimny, is not an indication

Journal of Law
Journal of Law

You are Visitor No.

81266

Journal of Law
Journal of Law
Tell your friendsJournal of Law
Journal of Law

Last Updated

Nov 04, 2019

Journal of Law
Journal of Law
Journal of Law

Please enter your email Here to receive our news

Journal of Law