The Testimony of Women in İslam (Spain / Barcelona)


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Halil H.

İnternational Humanities and Social Sciences Conferance /Barcelona, Barcelona, Spain, 2 - 04 February 2016, vol.3, pp.740-770

  • Publication Type: Conference Paper / Full Text
  • Volume: 3
  • City: Barcelona
  • Country: Spain
  • Page Numbers: pp.740-770

Abstract

 In recent years, as debates over Islamic legal interpretations have moved to the forefront, especially in places where the expanded application of Islamic law is on the agenda, the issue of women’s testimony particularly have been engaged. Most jurists arrived at a view of the matter that insinuated that women were less trustworthy and less appropriate as legal witnesses than their male counterparts. Thus, the jurists have made a little distinction between male and female testimony in terms of sexuality. In this proposal I will concern with the relationship between “gender” and “testimony” with regard to this sex-based distinction. İn this contex I will explain why women are less discerning than men as witnesses in some cases. My purpose is not, and cannot be, to engage in original interpreting of the law or to sit in judgment on how others have understood the rules of their religion. Rather, I approach the topic of testimony, women and gender as a study of a islamic law history. This proposal argue that the Qurʾan deals with women in an egalitarian and non-discriminatory fashion in terms of testimony and legal affairs, in reference to certain verses like en-Nûr 24/6 and en-Nîsâ 4/15. While Zahirisim, including İbn Hazm, and İzzet Derveze follow this agalitarian opinion, four sects which are Hanafis, Shafi’is, Malikis and Hanbalis don’t follow by claiming that women’s testimony can not be accepted in some circumstances like hadd, gadhf (slander) and qiṣāṣ (retaliation) penalties.