نوع المستند : علمی ـ پژوهشی
عنوان المقالة English
المؤلف English
Testimony is one of the most important means of evidence, as it is accessible to most people under most circumstances and conditions. It does not require complex formal procedures that may be obscure to the general public, and it is the available proof in material facts such as crimes against persons and property. Therefore, the criticisms raised regarding some rulings related to testimony in Islamic jurisprudence, especially the testimony of women—such as the claim that the Quran did not generally equalize men and women, that it diminished and demeaned women by not accepting their testimony in some cases of retribution and hudud (prescribed punishments), and by making a woman’s testimony equivalent to half of a man's in financial matters—stem from examining the details of rulings within the topic of testimony without grasping the comprehensive system of evidence through testimony. In light of this issue, this research addresses the doubts raised concerning women's testimony and responds to them. Recently, some contemporary interpretations have emerged demanding equality between women and men in testimony, taking into consideration the testimony of an educated woman and its superiority over the testimony of an uneducated man, even if this contradicts the verse on debt which stipulates the testimony of two men or one man and two women. Proponents of these views argue that the text should be confined to the society for which it was revealed and not generalized. This study will examine these interpretations. The study aims to: Clarify the status of testimony as the most important legal means of evidence after confession, involving both the rights of God and the rights of individuals, and yielding significant benefits. Explain the irregular interpretations regarding women's testimony that contravene Islamic law. Address the question: Are there contemporary interpretations that have contradicted Islamic law concerning women's testimony, and what are they? To answer this question and clarify the objectives of this research, a descriptive-analytical methodology was adopted. Some findings indicate that the claim made by opponents of Islam—that Islam undermines women's rights by not equating them with men in the required number of witnesses—is baseless, as testimony does not fall under the category of human rights.
Keywords: Islam, the Holy Quran, Women, Testimony, Jurisprudence and Rights, Ijtihad (Interpretation).
Introduction
Indeed, the issue of women’s testimony in Islam is one of the most debated topics, both historically and in modern times, internally and externally. Some view it as a legislative stance that diminishes the value of women and excludes them from the field of testimony and evidence in important matters, while others see it as divine wisdom that considers innate disposition and the complementary social roles of men and women. Therefore, delving into this subject requires precise jurisprudence, a deep understanding of the religious texts within the framework of their overarching objectives, and an awareness of the historical and social contexts in which they were revealed. It also calls for openness to contemporary developments and modern methods of evidence, without neglecting fixed principles or excessive flexibility in interpretations that might divert the legislation from its intended purpose. This issue derives its importance from touching upon two vital aspects of the nation’s life: the legislative-judicial aspect, which relates to ensuring people’s rights and establishing justice—one of the highest objectives of Islamic law—and the socio-cultural aspect, which pertains to the role and position of women in building Islamic society. Moreover, the debate surrounding it intersects with the problematic relationship between specific texts and the general objectives of Islamic law, as well as between the fixed and variable elements in Islamic jurisprudence. Therefore, this introduction will attempt to provide a comprehensive framework for this topic by highlighting its textual roots in the Quran and the Prophetic Sunnah, reviewing the traditional juristic perspectives accumulated across Islamic schools of thought, analyzing the wisdom and objectives that may underlie these rulings, and finally discussing contemporary challenges and new interpretations raised by developments in the fields of judiciary and evidence.
Materials & Methods
The issue of women's testimony in Islam is primarily a jurisprudential and interpretive matter, not a doctrinal one. It is a living example of the interaction between fixed texts and changing realities. It cannot be understood in isolation from the comprehensive framework of Islam, which honored women and made them fundamentally eligible for testimony (unlike some previous legal traditions), then regulated this testimony with wise differentiation. Nor can it be understood apart from the historical context in which it was legislated. The required contemporary interpretive effort is one that combines reverence for the text with an understanding of its objectives, and a objective reading of the new reality, striving to achieve justice, which is the ultimate goal of Islamic law, and fairness, which is a right for women and for society as a whole. Recently, interpretive opinions have emerged demanding equality between women and men in testimony, reinterpreting Quranic texts in light of contemporary developments. This is among the latest practical issues addressed in this article, which have not been explored by previous researchers. The study will address these interpretations: clarifying the status of testimony as the most important legal means of evidence after confession, concerning which are the rights of God and the rights of people, upon which numerous benefits depend; clarifying the irregular interpretations regarding women's testimony that contradict Islamic law; and answering the question: Are there contemporary interpretations that have contradicted Islamic law concerning women's testimony, and what are they? To answer this question and clarify the objectives of this research, we relied on the descriptive-analytical method. Some findings indicate that the basis of the claim by opponents of Islam—that Islam diminishes women's rights by not equating them with men in the required number of witnesses—is invalid, as testimony does not fall under the category of human rights.
Discussion& result
Here, the scholars' opinions varied in interpreting this text and their methods of deriving rulings from it. These approaches were not devoid of being influenced by the customs and contemporary perspectives prevalent during those interpretations and scholarly endeavors. The role of social circumstances and the environment in which the mujtahid or writer lives is prominent here, along with its impact on his method of presentation, exposition, and treatment of various issues. Many contemporary Muslim writers have rushed to follow the literature of defense and justification, or to retreat inward, closing themselves off to transmitted scholarly opinions, in order to preserve the threatened Islamic identity, or to dissolve into the external other, parroting the claims and assertions it imposes based on the premise of equality. Consequently, the issue of women's testimony has occupied a broad space in the literature of Islamic thought recently, based on the influence of the environment and comparative social customs. This study, in this field, does not aim to delve into the realms of justification, rationalization, projections of fabrication and reconciliation, and balancing and preferring between different opinions, as much as it aims to reach an explanation of how custom and social circumstances influence the understanding of the mujtahids regarding the texts related to the issue, and their rationale for it when they prefer one opinion over another. Accepting the testimony of a single educated woman is not a departure from Islam; rather, it is precisely adhering to the authentic methodology of Islamic ijtihad, which connects branches to roots and understanding to reality. It is a development of subsidiary rulings in light of the change of their underlying reasons, not a nullification of the fundamental principles. The Quran honored women and made them eligible for testimony, and the distinction in the verse of debt was for the purpose of verification. If the objective (verification) is achieved through another means, which is "specialization and knowledge," then the outcome serves the same legal purpose. In the end, this is an ijtihadi opinion for which the vast field of Islamic jurisprudence has room, and it offers practical solutions to contemporary problems while preserving the major constants of Islam in achieving justice and establishing testimony for God. He who guaranteed women all the rights, some of which are not enjoyed by women in the most advanced Western societies today, cannot have intended in the issue of testimony to favor one gender over another or to imply inequality. Rather, the intent is to consider specific circumstances in life. In conclusion, applying the divine ruling regarding women's testimony is compliance with His command, Almighty, and it is an inescapable matter, just like submission to His command in prayer, fasting, and other religious obligations.
Conclusion
The difference between man and woman is a difference of specialization, not a difference of deficiency. Any distinction between them exists so that life on this earth may be complete, balancing requirements and specializations, and so that the earth may be cultivated and nations may advance through cooperation between reason and emotion, not through competition and rivalry between them. A woman is a woman and a man is a man; each has their specialization in this life, and each has capabilities suited to this specialization. Therefore, it is not permissible to assign a man's work to a woman, just as it is not permissible to assign a woman's work to a man. This is why man is described with perfection, unlike woman, although she is inherently capable of perfection.
He who guaranteed women all the rights, some of which are not enjoyed by women in the most advanced Western societies today, cannot have intended in the issue of testimony to favor one gender over another or to imply inequality. Rather, the intent is to consider specific circumstances in life.
Accepting the testimony of a single educated woman is not a departure from Islam; rather, it is precisely adhering to the authentic methodology of Islamic ijtihad, which connects branches to roots and understanding to reality. It is a development of subsidiary rulings in light of the change of their underlying reasons, not a nullification of the fundamental principles.
Continuous ijtihad, which balances revelation and reality, and text and purpose, is what ensures the manifestation of Islam's justice and its suitability for every era, without compromising its constants or neglecting its variables.
The Quran honored women and made them eligible for testimony, and the distinction in the verse of debt was for the purpose of verification. If the objective (verification) is achieved through another means, which is "specialization and knowledge," then the outcome serves the same legal purpose.
The issue of equating women with men in testimony is not a creed but a jurisprudential ijtihad subject to development. Foundational texts are read in light of their purposes (verification and justice) and their contexts. True justice may sometimes be achieved through arithmetical equality, and at other times through differential treatment that considers differences to achieve fairness.
الكلمات الرئيسية English
شهادت زن در اسلام
(بررسی اجتهادهای شاذ معاصر)
شعله هاشمی[1]
چکیده
شهادت از مهمترین دلایل اثبات دعواست؛ زیرا برای بیشتر مردم و در بیشتر شرایط و اوضاع قابل دسترسی است و نیاز به تشریفات پیچیدهای که ممکن است برای عموم مردم نامعلوم باشد، ندارد. همچنین تنها دلیل موجود در وقایع مادی مانند جرائم علیه جان و مال است. بنابراین، آنچه درباره برخی احکام مربوط به شهادت در فقه اسلامی مطرح میشود – به ویژه شهادت زن و اینکه قرآن به طور کلی بین مرد و زن مساوات برقرار نکرده و با عدم پذیرش شهادت زن در برخی موارد قصاص و حدود و نیز قرار دادن شهادت زن معادل نصف شهادت مرد در مسائل مالی، از جایگاه زن کاسته و او را خوار شمرده است – همه ناشی از نگاه جزئینگرانه به احکام در مباحث شهادت و عدم در نظر گرفتن نظام کامل اثبات با آن است. در پرتو این مسئله، پژوهش حاضر به بررسی این شبهات و پاسخ به آنها میپردازد. اخیراً برخی اجتهادهای معاصری مطرح شده که خواستار تساوی زن و مرد در شهادت بوده و به شهادت زن تحصیلکرده – حتی اگر برخلاف آیه دین که بر شهادت دو مرد یا یک مرد و دو زن تأکید دارد باشد – و ترجیح آن بر شهادت مرد عامی توجه دارند و معتقدند متن قرآن فقط مربوط به جامعهای است که در آن نازل شده و قابل تعمیم نیست. این تحقیق به بررسی این اجتهادات میپردازد. تبیین جایگاه شهادت به عنوان مهمترین دلیل شرعی پس از اقرار، که مربوط به حقوق الله و حقوق العباد است و مصالح زیادی بر آن مترتب میشود. تبیین اجتهادهای شاذ در مورد شهادت زن که مخالف شریعت اسلامی است. آیا اجتهادهای معاصری وجود دارند که در مورد شهادت زن با شریعت اسلامی مخالفت کرده باشند و آنها کدامند؟ برای پاسخ به این سؤال و تبیین اهداف این تحقیق، از روش توصیفی-تحلیلی استفاده شده است. برخی نتایج حاکی از آن است که ادعای دشمنان اسلام مبنی بر نقصان حقوق زن در اسلام به دلیل عدم تساوی با مرد در نصاب شهادت، ادعایی باطل است؛ زیرا شهادت در زمره حقوق بشر قرار نمیگیرد.
واژگان کلیدی: اسلام، قرآن کریم، زن، شهادت، فقه و حقوق، اجتهاد.