A Secondary Analysis of Research on the Value of Women’s Testimony in Islamic Jurisprudence

Document Type : Original Article

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Abstract

One of the significant and debated issues within the judicial system concerns the role of gender in the validity and acceptance of testimony. A substantial body of scientific research has addressed this topic. The present study undertakes a scientific exploration of women’s testimony by aiming to collect, analyze, and synthesize existing research. Employing a
systematic review methodology, 15 pertinent and comprehensive articles were identified and analyzed through searches in reputable academic databases. The findings reveal that women’s testimony has been examined from three primary perspectives: the Holy Quran, the narrations of the infallible Imams (peace be upon them), and the viewpoints of jurists and commentators. Within this framework, the reasons for ‘Tansif’ (the reduction of a woman’s testimony value to half that of a man’s) and, in certain instances, the non-acceptance of women’s testimony are elucidated, particularly by referencing verse 282 of Surah Al-Baqarah and associated narrations. Nevertheless, the existing research highlights certain gaps in current knowledge. Notably, a significant need exists for a comprehensive study that meticulously examines the diverse jurisprudential opinions on women’s testimony, alongside the fatwas issued within the
broader socio-legal context. Furthermore, additional research is required on dynamic and comparative ijtihad (independent legal reasoning), taking into account the specific contexts of time and place, and analyzing narrations in light of the ijtihad contemporary to their issuance, in order to derive the fundamental principles governing women’s testimony. By delineating the strengths and limitations of prior research, this study endeavors to
facilitate future scholarly inquiry in this domain.

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