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Shiavault - a Vault of Shia Islamic Books A New Perspective: Women in Islam Chapter 6: Testifying & Judging Fatma: In all Qur’an verses regarding testimony or witnessing the mention of a “one man, two women” policy is only regarding transactions. All other related verses are general and state two witnesses with no references of gender made.[^1] The prolonged verse on testimony is directed at transactions of business affairs.
Why is the ratio scaled, and would this be the case for all witnessing or testifying? And get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as you choose, for witnesses, so that if one of them forgets the other can remind her.
(2:282) In addition to that, there seems to be an exception to the ratio where the testimony of women is equal to that of men, in fact, it rebuts and overrides the testimony of a husband accusing his wife of adultery, hence vindicating her.
For those who launch a charge against their spouses, and have no support or evidence but their own, their solitary evidence can be received if they bear witness four times with an oath by God that they are telling the truth; but it would avert the punishment from the wife if she bears witness four times with an oath by God that her husband is telling a lie.
(24:6-8) Sayyid: Although the Qur’anic references you cite do not mention the ratio of witnesses, most of them are mainly governed and restricted to the legislated verse in 2:228 that mentions the ratio. Nonetheless, there are some cases or issues that require the expertise, knowledge, and experiences to which only women can testify. A woman’s testimony or witnessing is not always or necessarily in the ratio of “one man-two women” in all cases.
When it comes to women’s issues such as menstruation, pregnancy, marital consummation, or childbirth, Muslim scholars or judges will, in most cases, agree that a woman’s testimony takes precedence over that of a man. Concerning the verse on transactions, generally in the past, women were not as familiar with contracts and negotiations as men. Business was a man’s profession. Men were more informed and experienced in commercial trade, transactions, loaning, and so forth.
In general, men knew more about business than women, hence the ratio of two women as testifiers was mainly based on a woman’s inexperience in transactions, not on her ability, intelligence, or lack of trust.