Updated: Jun 30, 2023
The witnessing or testimony requirements differ vastly under Islamic law compared to other laws. Although Witnessing is not only an Islamic term, it has a place in every faith and law of the world. Especially in legal terms, it has large implications, whether it is estate planning or other. The woman is not considered a primary witness, and that becomes a topic of discussion because many people, including Muslims, do not know the actual reasoning and wisdom behind them.
Let us touch on our critical question…Why is giving Witnessing or Testimony a big burden?
Eighty (80) lashes for those whose testimony is wrong, as evident in the Holy Quran 24:4. So, the harsh punishments and extremely high evidentiary burden of proof requiring witnesses act as the biggest deterrent. Who would like to become a witness to such a harsh punishment of Eighty (80) lashes?
If you still prefer a woman to be a witness, then no issue; two women are required for witnessing (compared to a single man) to divide or soften these Eighty (80) lashes punishment. The question is, How can it soften with two women?
To prove the witnessing, it is not easy to bring the court a single witness for many reasons (i.e., not available, relocated, became mentally incapable, or died), and it becomes more difficult if more witnesses are required to be present to prove the fact. If another witness does not appear or dies, then the question of proving the witnessing goes away, it will discard the possibility of punishment for two women.
If that’s not enough, there are other reasons too…Why is Woman not assigned primary responsibilities of Testimony or Witnessing?
The Woman is designed soft biologically, physically, or mentally, but Man is not.
The Woman is emotional, but Man is not.
The Woman should not bear the burden of external affairs, but Man must.
The Woman’s duties in Islam are more than Man's, including bringing up children, but Man has all external duties, including being equally responsible for bringing up children.
The Woman’s duties in Islam are more home centric to make the home a real home, but Man duties in Islam are outside the home, including financials.
The Woman’s duties in Islam exclude legal responsibilities, but Man does not have the option to get away from these.
The Woman’s duties in Islam exclude high punishment duties, including Witnessing and Testimony, but Man does not have an option.
At the same time, Women and Men have equal responsibilities in many aspects, including maintaining faith, gaining knowledge, and becoming the best spouse, child, parent, community member, and person. Both are responsible for their affairs and deeds, But bigger and harsher responsibilities still stay with men.
For example, if a war-like situation occurs, men are responsible for defending their families and community. But not women, as this is considered harsher for women.
So, Islam weighs men and women between rights and responsibilities, not just rights.