I will start off this post by quoting a few Quran verses and ahadith that praise women and show their status in Islam, then I will be diving into how the fact that women have many rights and responsibilities, and their status is one of honour and fairness. Islam gave women rights that were often denied to them in pre-Islamic societies, ensuring they have a respected place in family, society, and legal matters.
Women have the right to education, as seeking knowledge is encouraged for both men and women. The Quran says, “Say, ‘My Lord, increase me in knowledge.’” Women in Islamic history played major roles in learning, teaching, and passing on knowledge related to the dunya and the deen.
In marriage, a woman has the right to choose her husband, and no one can force her into marriage. The Prophet ﷺ said, “A widow should not be married until she is consulted, and a virgin should not be married until she gives her permission.” She also has the right to a dowry, financial support, and fair treatment. If a husband takes another wife, he must be just between them.
A woman can seek divorce if she is unhappy in her marriage. She can request khul’, where she returns the dowry in exchange for leaving the marriage, as shown in the case of the wife of Thabit ibn Qays, who asked the Prophet ﷺ for a divorce because she could not stay with her husband. The Prophet ﷺ granted her request and instructed her to return the dowry.
In testimony, women’s word is accepted in many matters. The Quran verse about financial transactions requiring two women alongside a man was due to the fact that women were less involved in such dealings at that time. However, in other cases, one woman’s testimony is enough, such as in childbirth and matters related to women.
Regarding inheritance, a woman has a guaranteed share of wealth, which was a major change from pre-Islamic times when women were denied inheritance. The Quran says, “For men is a share of what parents and relatives leave, and for women is a share of what parents and relatives leave, whether little or much—a fixed share.” While a son may inherit twice as much as a daughter in some cases, this is balanced by the fact that men must provide for their families, while women are not required to spend their wealth on anyone.
Women have the right to work and own property, and their earnings belong entirely to them. They are not obligated to spend on the household, as financial responsibility falls on men.
In legal and social matters, women participated in public discussions, corrected rulers, and gave advice. A woman once corrected Caliph Umar in public regarding dowries, and he admitted she was right. Women also engaged in trade, healthcare, and even governance in history.
Sharia protects women’s dignity, ensuring they are not mistreated. The Prophet ﷺ said, “The best of you are those who are best to their wives.” Women have the right to safety, justice, and respect, and harming them is strictly forbidden.
The first verse (31:14) commands gratitude towards parents, especially mothers, for the hardships they endure in pregnancy, childbirth, and nursing, showing the high regard for mothers. The second verse (30:21) describes the bond of marriage as one of tranquility, love, and mercy, emphasising mutual care and companionship between spouses.
The third verse (2:187) likens spouses to clothing for one another, illustrating mutual support, protection, and emotional closeness in marriage.
The fourth verse (4:34) establishes men’s role as maintainers of women through financial responsibility, indicating a structure of care and provision.
The fifth verse (4:19) forbids forcing women into marriage and commands kind treatment, recognising their rights and dignity while reminding that what one dislikes may hold hidden goodness.
The final verse (24:23) warns of severe punishment for falsely accusing chaste women, protecting their honour and reputation. Together, these verses show that Islam honours women as mothers, wives, and individuals, granting them dignity, care, and protection while ensuring their rights are upheld.
“And We have enjoined upon man [care] for his parents. His mother carried him, [increasing her] in weakness upon weakness, and his weaning is in two years. Be grateful to Me and to your parents; to Me is the [final] destination.” (Quran 31:14)
“Indeed, those who [falsely] accuse chaste, unaware and believing women are cursed in this world and the Hereafter; and they will have a great punishment.” (Quran 24:23)
Abu Hurairah (رضي الله عنه) reported: A person came to Messenger of Allah (ﷺ) and asked, “Who among people is most deserving of my fine treatment?”
He (ﷺ) said, “Your mother”.
He again asked, ”Who next?” ”
“Your mother”,
The Prophet (ﷺ) replied again.
He asked, “Who next?”
He (the Prophet (ﷺ)) said again, “Your mother.”
He again asked, “Then who?”
Thereupon he (ﷺ) said,” Then your father.”
(Bukhari 5971 & Sahih Muslim 2548b & Adab Al Mufrad 5)
Abu Hurairah (رضي الله عنه) reported: Messenger of Allah (ﷺ) said, “The believers who show the most perfect Faith are those who have the best behaviour, and the best of you are those who are the best to their wives”.
(Sunan Ibn Majah 1977- Hasan) (Tirmidhi 3895 – Hasan Sahih Gharib) (Mishkat al-Masabih 3264)
Daughters are a beautiful blessing in Islam and taking care of them fondly will protect you from the wrath of Allah ﷻ Uqbah bin Amir said, I heard the Messenger of Allah(ﷺ) say: “Whoever has three daughters and is patient towards them, and feeds them, gives them to drink, and clothes them from his wealth; they will be a shield for him from the Fire on the Day of Resurrection.'”
(Sunan Ibn Majah 3669 – Sahih)
Malik reported Allah’s Messenger (ﷺ) as saying: He, who brought up two girls properly till they grew up, he and I would come (together) (very closely) on the Day of Resurrection, and he interlaced his fingers (for explaining the point of nearness between him and that person).
(Sahih Muslim 2631)
It was narrated from Mu’awiyah bin Jahimah As-Sulami, that Jahimah came to the Prophet (ﷺ) and said: “O Messenger of Allah! I want to go out and fight (in Jihad) and I have come to ask your advice.” He said: “Do you have a mother?” He said: “Yes.” He (ﷺ) said: “Then stay with her, for Paradise is beneath her feet.”
(Sunan An Nasai 3104 – Sahih)
Abu Huraira (رضي الله عنه) reported Allah’s Apostle (ﷺ) as saying: He who believes in Allah and the Hereafter, if he witnesses any matter he should talk in good terms about it or keep quiet. Act kindly towards woman, for woman is created from a rib, and the most crooked part of the rib is its top. If you attempt to straighten it, you will break it, and if you leave it, its crookedness will remain there. So act kindly towards women.
(Sahih Muslim 1468a)
It was narrated that ‘Aishah said: “The Messenger of Allah never beat any of his servants, or wives, and his hand never hit anything.”
(Sunan Ibn Majah 1984 – Sahih)
The prophet ﷺ says taking care of a widow is comparable to Jihad and Jihad is the third best deed you can do for the sake of Allah ﷻ!! Narrated Safwan bin Salim: The Prophet (ﷺ) said “The one who looks after and works for a widow and for a poor person, is like a warrior fighting for Allah’s Cause or like a person who fasts during the day and prays all the night.” Narrated Abu Huraira that the Prophet (ﷺ) said as above.
(Bukhari 6006)
Narrated `Abdullah bin Masud: I asked Allah’s Messenger (ﷺ), “O Allah’s Messenger (ﷺ)! What is the best deed?” He replied, “To offer the prayers at their early stated fixed times.” I asked, “What is next in goodness?” He replied, “To be good and dutiful to your parents.” I further asked, what is next in goodness?” He replied, “To participate in Jihad in Allah’s Cause.” I did not ask Allah’s Messenger (ﷺ) anymore and if I had asked him more, he would have told me more.
(Bukhari 2782)
Narrated Al-Miswar bin Makhrama and Marwan: Allah’s Messenger (ﷺ) said to his companions, “Get up and’ slaughter your sacrifices and get your head shaved.” By Allah none of them got up, and the Prophet repeated his order thrice.
When none of them got up, he left them and went to Umm Salama and told her of the people’s attitudes towards him. Um Salama said, “O the Prophet (ﷺ) of Allah! Do you want your order to be carried out?
Go out and don’t say a word to anybody till you have slaughtered your sacrifice and call your barber to shave your head.”
(Bukhari 2731)
Ibn Hajar comments under this and says it is permissible to consult a meritorious woman and the merit of Umm salamah رضي الله عنها and her abundant knowledge was as such
Translation: And in it is the virtue of consultation, and that action, when combined with speech, is more impactful than speech alone. However, it does not imply that action is always more impactful than speech. It also indicates the permissibility of consulting a virtuous woman, and the virtue of Umm Salama, and her great wisdom.
Fath Al Bari By Ibn Hajar (6/648)
Ibn Umar رضي الله عنه narrates from the prophet ﷺ that the women of jannah will be singing “We are fine and beautiful women, wives of a noble people looked upon with the eyes of comfort! And among their singing is: We are women everlasting never to die, we are women in safety never to fear, we are women here to stay never to leave!”
Translation: Ibn Umar reported: The Messenger of Allah, peace and blessings be upon him, said, “Verily, the wives of Paradise will sing for their husbands with the most beautiful voices no one has ever heard. Among their singing is: We are fine and beautiful women, wives of a noble people looked upon with the eyes of comfort! And among their singing is: We are women everlasting never to die, we are women in safety never to fear, we are women here to stay never to leave!”
Footnote For Al Mu’jam Al Awsat- This hadith was not narrated from Zayd ibn Aslam except by Muhammad ibn Ja’far. It was uniquely narrated by Ibn Abi Maryam. Al Mu’jam al-Awsat by Tabarānī 4917
Albani says this is also narrated in Al-Rawd al-Nadhir, page 496: Abu Nu’aym, and Al-Diya’ in Sifat al-Jannah
Grade: Sahih (authentic) according to Al-Albani in Jami Al Sahih Pg 325
The prophet ﷺ says the pregnant woman who dies in labour is a martyr in Sunan Abi Dawud 3111
In A Hasan Hadith the prophet ﷺ says women have been made dear to me
The Role of Women in Seeking Knowledge and Contributing to Society
Islam did not only grant women the right to seek knowledge but made it an obligation upon them and upon all Muslims. The Prophet ﷺ said: Seeking knowledge is an obligation upon every Muslim, male and female. Islam encourages women to pursue the highest levels of learning, as reflected in Allah’s words: And say, “My Lord, increase me in knowledge” (Taha: 114), and You have been given of knowledge only a little (Al-Isra: 85).
Additionally, the Mothers of the Believers were commanded to teach both men and women. Allah says: And remember what is recited in your houses of the verses of Allah and wisdom (Al-Ahzab: 34). Men would come to them to ask about religious matters, and they played an essential role in spreading knowledge.
Aisha played a significant role in this regard, as Muslims would seek her guidance on legal and religious matters. She reminded them of the truth in matters of disagreement. She was known for her expertise in hadith, fiqh, genealogy, poetry, and astronomy. The Prophet ﷺ said about her: Take half of your religion from this red-haired woman. Similarly, her sister Asma and Umm Abdullah bint al-Zubayr were known for their knowledge of hadith.
In the Umayyad era, Umm al-Banin, the wife of Caliph al-Walid ibn Abd al-Malik, was renowned for her eloquence, wisdom, and strong reasoning. She held a prominent position in the royal court and was consulted by the caliph on important state matters.
Sayyida Sukayna, the daughter of al-Husayn ibn Ali, was among the most distinguished women of her time in character and intellect. She once gathered renowned poets such as Jarir, al-Farazdaq, Kathir, Jamil, and Naseeb, critiquing their poetry and rewarding each of them with a thousand dinars.
Aisha bint Talha ibn Ubaydullah was also a notable figure in literature, history, and astronomy. When she visited Caliph Hisham ibn Abd al-Malik, he invited the elders of Banu Umayya to a gathering. Throughout the evening, they discussed Arab history, poetry, and important events, and she contributed knowledgeably. When she correctly identified celestial stars and meteor showers, Hisham asked how she knew such things. She replied: I learned it from my aunt Aisha. The caliph then gifted her one hundred thousand dirhams and sent her back to Medina
(Ibn Sa’d, Al-Tabaqat al-Kubra, vol. 8, p. 13).
In the early Abbasid period, women reached remarkable levels of education. Many became poets and engaged in intellectual debates with men during the reigns of Harun al-Rashid and al-Ma’mun. Zubayda, the wife of Harun al-Rashid, was a cultured poet with a deep understanding of literature.
Muslim women did not limit themselves to religious sciences, poetry, and language; they also made significant contributions to the scientific advancements of their time. In medicine and nursing, notable women included Umm Ayman, Umm Sinan al-Aslamiyya, Umm Atiyya al-Ansariyya, Khutma, Nusayba bint Ka’b al-Maziniyya, Zaynab the physician of Banu Awd, and Rufayda al-Aslamiyya. Also, the daughter of Shihab al-Din ibn al-Dha’i was known for her contributions.
Women even participated in the judiciary. History records that the mother of Caliph al-Muqtadir presided over the Court of Appeals in Baghdad. During the time of Caliph Umar ibn al-Khattab, he appointed al-Shifa to oversee public accountability in Medina.
The Woman’s Right to Divorce
Sharia does not neglect a woman’s right to seek divorce. A woman has the right to stipulate in her marriage contract that she can initiate divorce whenever she wishes.
If she did not include this condition in her contract and she dislikes continuing the marriage while her husband insists on staying together, Islam provides her with the right to seek khula’ (a form of divorce initiated by the wife). In khula’, the wife returns the dowry or another agreed amount to her husband to end the marriage.
The majority of scholars hold that the husband cannot take more than what he initially gave her as a dowry. This ruling is based on the narration of Ibn Abbas, who reported that the wife of Thabit ibn Qays came to the Prophet ﷺ and said: O Messenger of Allah, I do not criticise Thabit in his religion or character, but I dislike being with him and fear committing ingratitude in Islam. The Prophet ﷺ asked: What was your dowry? She replied: A garden. He said: Will you return his garden? She said: Yes, and more. The Prophet ﷺ responded: No, only the garden, and then he instructed Thabit to accept it and divorce her. (Narrated by al-Bukhari and al-Nasai).
From these rulings in the Qur’an, we observe that the one who seeks to end the marriage bears the financial burden. If the husband initiates the divorce, he bears the costs of financial support, deferred dowry, and other obligations. He is also not allowed to take back anything he gave his wife. If the wife initiates the divorce through khula’, she gives financial compensation to the husband in return for her freedom.
However, it is strictly forbidden for a husband to mistreat or harm his wife in order to force her to seek khula’. If he does so, the khula’ is invalid, and any compensation she paid must be returned, even if ruled otherwise by a court. This prohibition exists to prevent women from suffering both divorce and financial loss.
Allah says: O you who believe, it is not lawful for you to inherit women against their will, nor should you mistreat them to take away part of what you have given them (Al-Nisa: 19).
Allah also says: And if you intend to replace one wife with another and have given one of them a great amount [as dowry], do not take anything from it. Would you take it in injustice and manifest sin? (Al-Nisa: 20).
Imam Malik, however, views khula’ as a form of divorce, meaning that if the husband takes compensation from his wife, he must return it.
The Mother’s Right to Child Custody
If parents separate while they have a child, the mother has the primary right to custody unless there is a valid reason preventing her from taking care of the child.
The mother is given priority in custody because she is naturally more suited to care for and nurture the child. She is more experienced in raising children, has greater patience in this role, and generally has more time available than the father. This is based on the child’s best interests.
It was narrated that a woman once said to the Prophet ﷺ: O Messenger of Allah, this son of mine—my womb was his vessel, my lap was his shelter, and my breast was his source of nourishment. Now his father wants to take him away from me. The Prophet ﷺ responded: You have more right to him as long as you do not remarry.
(Narrated by Ahmad, Abu Dawud, al-Bayhaqi, and al-Hakim, who authenticated it).
Yahya ibn Sa’id reported that he heard al-Qasim ibn Muhammad say: A woman from the Ansar was married to Umar ibn al-Khattab and gave birth to his son Asim. When Umar divorced her, he later found his son playing near the mosque. Umar picked him up and placed him on his riding animal. However, the child’s grandmother chased after him and disputed custody until they both went to Abu Bakr al-Siddiq. Umar said: “He is my son,” while the woman said: “He is my grandson.” Abu Bakr ruled: “Let her keep him,” and Umar did not argue further.
In another narration, Abu Bakr said: The mother is more affectionate, gentle, compassionate, and kind. She has more right to her child unless she remarries.
This reasoning explains why Sharia prioritises the mother for custody of young children, as she is best suited to care for their emotional and physical needs.
Women’s Inheritance in Sharia
One of the common misconceptions regarding the status of women is the claim that their inheritance, being half of that of men in certain cases, reflects a lower status. To clarify this issue, it is necessary to examine the true nature of women’s inheritance in Sharia.
Before revelation was sent to The Prophet ﷺ, pre revelation of the Quran, arab traditions restricted inheritance to male warriors who could fight in battle. Islam abolished this injustice and established women’s right to inherit, reflecting the principles of justice and fairness in Sharia. The Qur’an explicitly affirms the right of women to inherit before detailing specific inheritance shares.
Allah says: For men is a share of what parents and close relatives leave, and for women is a share of what parents and close relatives leave, be it little or much—a prescribed share (Al-Nisa: 7).
This establishes the principle of inheritance for women, which is then elaborated upon in the following verses: Allah instructs you concerning your children: for the male, a share equal to that of two females. If there are only daughters, two or more, they share two-thirds of the estate. If there is only one daughter, she gets half. For the parents, each gets one-sixth if the deceased has children (Al-Nisa: 11).
Inheritance laws in the Quran outline the following:
- In general, a male inherits twice the share of a female.
- A daughter inherits half the estate if she is the sole heir.
- The Sunnah confirms that two or more daughters together receive two-thirds of the inheritance.
It was narrated that a woman came to the Prophet ﷺ with the two daughters of Sa’d ibn al-Rabi’. She said: O Messenger of Allah, these are the daughters of Sa’d, who was martyred in the battle of Uhud. Their uncle has taken their inheritance and left them with nothing. The Prophet ﷺ waited for revelation, and then the verse Allah instructs you concerning your children… (Al-Nisa: 11) was revealed. The Prophet ﷺ then instructed their uncle: Give Sa’d’s daughters two-thirds, their mother one-eighth, and keep the rest for yourself.
(Narrated by Abu Dawud and al-Tirmidhi).
- The remaining third of the inheritance is divided equally between the deceased’s father and mother, with each receiving one-sixth.
This case presents an exception to the general rule that a male inherits twice as much as a female. Here, the mother receives the same inheritance as the father, showing the respect and honor given to mothers in Sharia.
Why Does a Woman’s Share Sometimes Equal Half That of a Man?
Sharia assigns financial responsibilities based on a balance between rights and obligations. While a man may receive twice the inheritance of a woman in some cases, he is also financially responsible for his family. He must provide for his wife, children, and other dependent female relatives.
A woman, on the other hand, is not obligated to spend on anyone—not even herself. Her financial needs are covered by her husband, father, brother, or nearest male relative. Even when she inherits wealth, she is not required to use it for family expenses.
Therefore, the rule that a male inherits double the share of a female does not imply discrimination or lower status but rather reflects financial responsibility and social balance.
This principle is further supported by the Quran: If a man or woman leaves behind no direct heirs but has a brother or sister, each of them receives one-sixth. If they are more than two, they share one-third equally after any will or debt is settled (Al-Nisa: 12).
This verse addresses the inheritance of maternal siblings (kalalah), where brothers and sisters receive equal shares, regardless of gender. The reason is that maternal siblings are not financially responsible for one another, unlike paternal relatives.
The Economic and Social Protection of Women
When financial obligations are removed, men’s and women’s inheritance shares become equal in certain cases. This is because a woman’s financial support is the duty of her male relatives, ensuring that her inheritance remains her personal wealth.
- A woman inherits just as a man does.
- A woman writes a will just as a man does.
- A woman borrows and lends money just as a man does.
- A woman owns property independently just as a man does.
These rights were established by Sharia at a time when many “advanced” societies denied women the right to own property. Even today, some so-called modern societies have yet to fully recognise women’s financial rights.
The differences in inheritance shares between men and women do not indicate a lesser status for women. Rather, they reflect a fair distribution of financial responsibility. While men inherit more in certain cases, they also bear greater financial obligations. Women, on the other hand, inherit without being required to spend on anyone.
Thus, Sharia upholds full legal capacity for women and equal status with men in civil and financial matters, ensuring both justice and economic security.
Polygyny in Sharia
When Islam was revealed, polygyny was already a widespread practice. In pre-Islamic Arabia, men could marry without restriction on the number of wives. Similarly, the Torah permitted polygyny without a specific limit.
Sharia approached polygyny with a gradual framework, surrounding it with strict conditions that make it an exceptional case rather than a general rule. It is permitted only when justified by necessity and accompanied by certain guarantees.
If we examine the Qur’an, we find that the encouragement to limit oneself to one wife is stronger than the permission for multiple wives. Polygyny is presented as a solution for exceptional cases rather than the norm.
Conditions for Marriage and Polygyny in Sharia
To understand the position of polygyny in Sharia, it is essential to revisit the fundamental principles of marriage. These include:
Financial Capability (al-Ba’ah)
A man must be financially capable of supporting his wife and household. In cases of polygyny, this responsibility expands significantly, as he is required to provide equal financial support for multiple wives and their children. Each wife must receive equal provisions for housing, food, and other needs. The husband must also ensure emotional and parental care for his children across multiple families without neglect.
Chastity and Moral Integrity (al-Ihsan)
The fundamental purpose of marriage in Sharia is to safeguard chastity and morality. If a man seeks additional wives purely for desire and pleasure, this is not a justified reason for polygyny. The Prophet ﷺ warned against such behaviour, saying: May Allah curse those who frequently marry and divorce simply for desire (Narrated by Ahmad and Ibn Majah).
The primary objective of marriage is to establish a stable family, raise children in a secure environment, and ensure the continuity of the human race through a responsible and structured family system.
Desire for Offspring
One of the valid reasons for seeking marriage—whether monogamous or polygynous—is the desire to have children within a stable and well-defined family structure.
The Wife’s Right to Divorce
Marriage must be based on mutual love and compassion. If a marriage deteriorates to the point where harmony and peace are lost, divorce becomes necessary to ensure stability for both spouses.
If a couple is forced to stay together in a relationship filled with hatred, bitterness, and resentment, their marriage may become a source of harm rather than stability. This could lead to neglect, emotional suffering, or even infidelity, turning the marriage into a source of sin and conflict rather than protection and peace.
For this reason, Sharia permits divorce as a means of ending an unbearable marriage. Allah says:
But if they separate, Allah will enrich both from His bounty. And Allah is All-Encompassing, All-Wise (Al-Nisa: 130).
While Sharia grants men the right to divorce (talaq), it also grants women the right to seek divorce in cases where the marriage becomes intolerable. A woman can seek khula’, a form of divorce where she returns her dowry to the husband in exchange for her freedom.
Allah says: “If you fear that they cannot keep within the limits set by Allah, then there is no blame upon either of them if she compensates him to obtain her release (Al-Baqara: 229).
The hadith narrated by Abdullah ibn Abbas illustrates this principle. A woman once came to the Prophet ﷺ and said:
“O Messenger of Allah, I do not criticise my husband Thabit in terms of his faith or character, but I cannot continue with him. I fear I may commit ingratitude in Islam.”
The Prophet ﷺ asked: “Will you return his garden?” (which was her dowry). She replied: “Yes.”
The Prophet ﷺ then told Thabit: “Accept the garden and divorce her.”
(Narrated by al-Bukhari).
This ruling shows that Sharia prioritises the well-being of women, allowing them to leave marriages they find unbearable, even if there is no fault in the husband’s character or religion.
Islam does not impose polygyny but rather allows it within strict conditions. The Prophet ﷺ himself provided an example of emotional sensitivity regarding marriage.
It was narrated that when Ali ibn Abi Talib sought to marry another woman while being married to Fatima, the daughter of the Prophet ﷺ, the Prophet objected and said: “The daughter of Allah’s Messenger is part of me. What harms her harms me. I will not allow my daughter to suffer because of this marriage. Ali must choose between Fatima and another wife—he cannot have both.”
(Narrated by al-Bukhari, Muslim, al-Tirmidhi, and Ibn Majah).
This hadith highlights an important principle in Sharia: even though polygyny is technically permissible, it should not be exercised if it causes serious emotional harm to the first wife.
Sharia does not encourage polygyny as a general practice but rather regulates it strictly, allowing it only in exceptional circumstances where it serves a valid purpose.
Additionally, Sharia recognises that forcing a woman to remain in a marriage against her will can lead to emotional harm. The Qur’an permits divorce even when there is simply a fear that a woman may not be able to maintain the marriage in a way that upholds the limits set by Allah.
Similarly, the hadith about the wife of Thabit ibn Qays shows that even if a husband is righteous, if his wife finds it impossible to continue with him, she is granted the right to leave.
The case of Fatima and Ali further shows that polygyny should not be imposed if it causes emotional harm to the wife.
Testimony of Women in Sharia
One of the issues often debated regarding women’s status in Sharia is the requirement that two women’s testimonies equal that of one man in financial contracts. However, the Qur’an itself explains the reasoning behind this ruling, stating:
“So that if one of them errs, the other can remind her.” (Al-Baqara: 282)
This verse shows that the reason behind requiring two female witnesses in financial contracts is to prevent forgetfulness or errors in recollection, which can arise due to lack of experience in financial dealings. This does not imply a general deficiency in women’s intelligence but rather acknowledges practical differences in knowledge and exposure to financial matters.
Understanding the Context of This Ruling
The ruling regarding testimony in financial matters is based on the following considerations:
- Forgetfulness or Error is Not Inherent to All Women – The Qur’an does not suggest that all women are forgetful but rather that it could happen to some, particularly in areas where they have less direct experience. In such cases, a second woman acts as a safeguard to assist in recalling details accurately.
- The Ruling Relates Specifically to Financial Contracts – The context of this ruling is financial transactions, where accurate recollection is essential for legal and economic stability. Since women in pre-Islamic Arabia were generally less involved in financial dealings, this measure was introduced to ensure accuracy.
- The Role of Literacy and Writing in Testimony – The ruling was given in a society where most people, including men and women, were illiterate. In such a setting, transactions were primarily oral, making the potential for error or misunderstanding greater. The role of witnesses was not just to observe but to later verify what was documented.
- Men’s Greater Exposure to Financial Transactions – Since men were more actively engaged in commerce and trade, their familiarity with financial transactions was generally greater. This practical experience made them more reliable in testifying about such matters without additional support.
Does This Ruling Mean Women’s Testimonies Are Always Halved?
Many mistakenly believe that women’s testimony is always worth half that of a man’s. However, this is not the case in Sharia. Different scenarios have different rules:
- Equal Testimony in Hudud and Criminal Cases – In serious crimes such as murder, theft, and adultery, the testimony of four male witnesses is required (Al-Nur: 4). In such cases, women’s testimony is not mentioned because Sharia prioritises evidence that minimises doubt, and traditionally, men were more frequently present in public spaces where such crimes occurred.
- Women’s Sole Testimony is Accepted in Certain Cases – In matters specific to women, such as childbirth, breastfeeding, and female-related medical cases, the testimony of a single woman is accepted as conclusive evidence.
- Women’s Testimony is Equal in Contracts and Wills – The Qur’an states: “And bring two just witnesses from among you and establish the testimony for Allah.” (Al-Talaq: 2)This verse does not specify gender, which means that both men and women can serve as valid witnesses in contracts and inheritance matters.
Scholars on Women’s Testimony
Many early scholars understood that the ruling regarding women’s testimony was specific to its historical context. Ibn al-Qayyim, in I’lam al-Muwaqqi’in, examined this issue and concluded that women’s testimony is valid in all matters, citing: “And bring two just witnesses from among you.” (Al-Talaq: 2)
“When death approaches any of you, two just men should bear witness…” (Al-Ma’ida: 106)
Ibn al-Qayyim noted that whenever the Qur’an commands testimony, it does not explicitly exclude women unless the subject matter requires special conditions.
The Practical Approach of Sharia to Testimony
The ruling in Al-Baqara 282 does not diminish the credibility of women but rather serves as a legal safeguard in financial transactions, ensuring that records are accurate and reliable.
Furthermore, Sharia is practical and adaptable. In contemporary societies where women are well-versed in finance and legal matters, many scholars argue that the necessity for two women in financial testimony may no longer apply as the reasoning behind it (lack of experience) is no longer relevant.
The Status of Women’s Testimony in Sharia
The Hanafi madhhab permitted the testimony of a single man in matters such as childbirth, a teacher’s testimony regarding children, expert opinion in financial assessments, and cases concerning the removal of a representative. Additionally, they accepted a single witness for verifying the credibility of other witnesses.
Similarly, Imam Malik and Abu Hanifa accepted the testimony of children in cases of injuries involving other children. This was based on the principle that children often play together without adults present, making their testimony more reliable in such situations than requiring male adult witnesses who were not present.
Ibn al-Qayyim’s View on Testimony
Ibn al-Qayyim says that any evidence that establishes truth should be accepted, regardless of its source. He argued that neither the Qur’an nor the Prophet ﷺ invalidated a rightful claim due to the number or gender of witnesses.
He further explained that judges may accept the testimony of a single witness in non-hudud cases if they are convinced of their truthfulness. The Qur’an does not mandate that a judge must always require two witnesses; rather, it advises individuals to secure their rights with two men or one man and two women (Al-Baqara: 282). This does not restrict judges from ruling based on other forms of valid evidence.
The Prophet ﷺ accepted the testimony of a single Bedouin for the sighting of the new moon and ordered the community to fast based on his report.
He ruled in favour of a claimant based on one witness and an oath from the claimant.
He declared that the testimony of Khuzaymah was equal to two witnesses, highlighting the credibility of certain individuals.
Women’s Testimony in the Prophet’s Time
- The Prophet ﷺ accepted the testimony of a single woman in sensitive cases. Al-Bukhari narrates that Uqba ibn al-Harith married the daughter of Abi Ihab. Later, a woman testified that she had breastfed both spouses, making their marriage invalid due to foster kinship. The Prophet ﷺ accepted the woman’s testimony and ruled accordingly.
- Ibn Abbas ruled that a midwife’s testimony alone was sufficient to determine if a newborn had cried at birth (which determined inheritance rights). This view was also adopted by Al-Shu’bi, Al-Nakha’i, Ali ibn Abi Talib, and Shurayh.
- The Hanbali madhhab permits a single woman’s testimony in cases where men are typically not present, such as childbirth, breastfeeding, and female-specific medical issues.
The verse that states: “And bring two witnesses from among your men. If two men are not available, then a man and two women, so that if one of them errs, the other can remind her.” (Al-Baqara: 282), refers specifically to financial transactions. It does not mean that all aspects of testimony require two women for every man. The verse’s condition that one woman reminds the other suggests that this was addressing a society where women were largely uneducated and unfamiliar with business dealings.
Thus, applying this ruling to all testimonies is a misinterpretation. The ruling in Al-Baqara 282 is situational and should not be extrapolated to all cases.
The Changing Context of Women’s Testimony
If education and literacy become equally accessible to men and women, then the rationale for requiring two female witnesses in financial matters no longer applies.
- Caliph Umar ibn al-Khattab suspended the punishment for theft during a famine, even though it was explicitly stated in the Qur’an (Al-Ma’ida: 38).
- He also suspended the financial allocation to “those whose hearts were to be reconciled”, even though they are explicitly mentioned as recipients of zakat (Al-Tawba: 60).
Summary
The Qur’an’s ruling on testimony is based on practical considerations, not an inherent deficiency in women.
Women’s testimony is equal to men’s in many cases, including contracts, wills, and personal matters.
Women’s sole testimony is accepted in issues specific to them, such as childbirth and medical matters.
In modern societies where women are equally involved in finance, the traditional rationale for requiring two women may no longer be applicable.
There is no universal rule in Sharia that women’s testimony is always half of a man’s.
The ruling in Al-Baqara 282 applies specifically to financial transactions and was based on historical conditions.
In matters concerning women, such as childbirth, breastfeeding, and female-specific issues, a single woman’s testimony is sufficient.
The Qur’an does not restrict women’s testimony in general, and scholars such as Ibn al-Qayyim affirmed that all credible testimony should be accepted.
If societal conditions change, rulings based on historical realities may also be reconsidered, as seen in Umar ibn al-Khattab’s jurisprudence.
