Two Witnesses

Women's Testimony

What the Bible Says

If a man takes a wife and, after lying with her, dislikes her and slanders her and gives her a bad name, saying, "I married this woman, but when 1 approached her, I did not find proof of her virginity," then the girl's father and mother shall bring proof that she was a virgin to the town elders at the gate... Then her parents shall display the cloth before the elders of the town ... If, however, the charge is true and no proof of the girl's virginity can be found, she shall be brought to the door of her father's house and there the men of her town shall stone her to death... (Deuteronomy 22:13-21)

What the Qur'an Says

And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies (i.e. testifies four times) swearing by Allah that he is one of those who speak the truth. And the fifth (testimony should be) the invoking of the Curse of Allah on him if he is of those who tell a lie. But it shall avert (turn away) the punishment from her, if she bears witness four times by Allah, that he is telling a lie. And the fifth should be that the Wrath of Allah be upon her if he speaks the truth. (Qur'an, 24:6-9)

And those who accuse chaste women, and produce not four witnesses, flog them (the accusers) with eighty stripes and reject their testimony forever. (Qur'an, 24:4)

Verily, those who accuse chaste, believing women, who never even think of anything touching their chastity, are cursed in this life and in the Hereafter, and for them will be great torment. (Qur'an, 24:23)

Commentary

According to the judgment of the Bible, if a man accuses his wife of not being a virgin, the wife's father and mother have to bring proof that she was a virgin, otherwise, the wife will be stoned to death! The wife's testimony carries no weight!

According to the judgment of the Qur'an, if a man accuses his wife of committing adultery, the wife can nullify the accusation as her testimony is accepted, consequently, the wife will not be punished.

However, if the accuser is not her husband, then he has to bring four witnesses. If not, he will receive eighty lashes and his testimony will be rejected forever.

More about Two Witnesses

Most references to testimony (witness) in the Qur'an do not make any reference to gender. Some references fully equate the testimony of males and female.

And for those who launch a charge against their spouses and have (in support) no evidence but their own their solitary evidence (can be received) if they bear witness four times (with an oath) by Allah that they are solemnly telling the truth; And the fifth (oath) (should be) that they solemnly invoke the curse of Allah on themselves if they tell a life. But it would avert the punishment from the wife is she bears witness four times (with an oath) by Allah that (her husband) is telling a lie; And the fifth (oath) should be that she solemnly invokes the wrath of Allah on herself is (her accuser) is telling the truth. (Qur'an 24:69)

One reference in the Qur'an distinguishes between the witness of a male and a female. It is useful to quote this reference and explain it in its own context and in the context of other references to testimony in the Qur'an.

O you who believe! When you deal with each other in transactions involving future obligations in a fixed period of time reduce them to writing. Let a scribe write down faithfully as between the parties: let not the scribe refuse to write as Allah has taught him so let him write. Let him who incurs the liability dictate but let him fear his Lord Allah and not diminish aught of what he owes. If the party liable is mentally deficient or weak or unable himself to dictate let his guardian dictate faithfully. 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 errs the other can remind her. The witnesses should not refuse when they are called on (for evidence). Disdain not to reduce to writing (your contract) for a future period whether it be small or big: it is just in the sight of Allah more suitable as evidence and more convenient to prevent doubts among yourselves; but if it be a transaction which you carry out on the spot among yourselves there is no blame on you if you reduce it not to writing. But take witnesses whenever you make a commercial contract; and let neither scribe nor witness suffer harm. If you do (such harm) it would be wickedness in you. So fear Allah; for it is Allah that teaches you. And Allah is well acquainted with all things. (Qur'an 2:282)

A few comments on this text are essential in order to prevent common misinterpretations:

a) It cannot be used as an argument that there is a general rule in the Qur'an that the worth of a female's witness is only half the male's. This presumed "rule" is voided by the earlier reference (24:69) which explicitly equates the testimony of both genders in the issue at hand.

b) The context of this passage (ayah) relates to the testimony on financial transactions which are often complex and laden with business jargon. The passage does not make a blanket generalization which would otherwise contradict 24:69 cited earlier.

c) The reason for variations in the number of male and female witnesses required is given in the same passage. No reference was made to the inferiority or superiority of one gender's witness or the other's. The only reason given is to corroborate the female's witness and prevent unintended errors in the perception of the business deal. The Arabic term used in this passage (tadhilla) means literally "loses the way," "gets confused or errs." But are females the only gender that may err and need corroboration of their testimony. Definitely not, and this is why the general rule of testimony in Islamic law is to have two witnesses even if they are both males. This leaves us with only one reasonable interpretation that in an ideal Islamic society as envisioned by Islamic teachings the female members will give priority to their feminine functions as wives, mothers, and pioneers of charitable works. This emphasis, while making them more experienced in the inner function of the family and social life, may not give them enough exposure and experience to business transactions and terminology, as such a typical Muslim woman in a truly Islamic society will not normally be present when business dealings are negotiated and if may present may not fully understand the dealings. In such a case, corroboration by two women witnesses helps them remind one another and as such give an accurate account of what happened.

d) It is useful to remember that it is the duty of a fair judge, in a particular case, to evaluate the credibility, knowledge and experience of any witness and the specific circumstances of the case at hand.