Assalamu Alaykum Wa Rahmatullahi Wa Barakatuh
All praise and gratitude are due to Allah SWT. May the blessings and peace of Allah SWT be upon His Messenger PBUH.
Testimony is Islam is a big responsibility, for which there are many conditions for it to be valid. Of them are that the person giving the testimony is fair and just, regardless of their gender. Another condition is that the person is of sound mind and understands what they are saying. The person who is giving the testimony should understand that he or she will be questioned by Allah SWT about it in the hereafter, as their testimony plays an important role in putting rights in their true place. Therefore, Islam has considered the circumstances of the person who is to bear the responsibility of a testimony, and tried to make it as easy as possible for them. This is why Allah SWT says in Surat Al Nisaa,: O believers! Stand firm for justice as witnesses for Allah even if it is against yourselves, your parents, or close relatives.” (Al Nisaa: 135). The Prophet PBUH also once said to his companions, “Shall I not inform you of the biggest of the great sins?” We said, “Yes, O Allah’s Messenger ” He said, “To join partners in worship with Allah: to be undutiful to one’s parents.” The Prophet sat up after he had been reclining and added, “And I warn you against giving forged statement and a false witness; I warn you against giving a forged statement and a false witness.” The Prophet kept on saying that warning till we thought that he would not stop.” (Saheeh Bukhari: 5976)
At the outset, what must be understood is that a man’s testimony is not worth two women’s. Rather, specifically in matters of commerce and trade, the evidentiary burden for a valid testimony is that of one man or two women. However, in many other circumstances, men and women have equal status in the giving of their testimony, while in other circumstances, the testimony of a woman is accepted while that of a man is rejected (in matters concerning women’s affairs, such as childbirth and menstruation). As such, we should not be concluding that a woman’s testimony is simply worth less than that of the man. Rather, the main purpose of this ruling is to maintain the integrity of the witness process.
From the above we can understand how important testimony is in Islam. For this reason, Allah has made it easier on women, in that two women can share this grave responsibility. Far from being a reflection of a deficiency in women, it is to make women more comfortable and make things easier for them. In this way, they can support one another in testifying. Allah says in Surat al Baqarah, “if one of the [women] errs, then the other can remind her” (Al Baqarah: 282).
For example, it should be reflected that, amongst other things, women who menstruate go through cyclical hormonal changes which may affect emotional memory consolidation and recall, amongst other cognitive functions. Further, in Islam, men have financial and caretaking responsibilities, and were more involved in trade contexts, which made commercial testimonies easier and more readily accessible to men. As for other matters, the Islamic tradition is full of instances where a woman’s testimony was accepted without contention, a prime example being the vast hadith narration of Aisha RA.
In conclusion, in any matters concerning gender in Islam, our merciful religion concerns itself with the broad wellbeing of the community at large, and endeavors to ensure that no responsibility is placed except on someone who can bear it easily with no overburdening. We remind ourselves of the famous verse, “Allah does not lay a responsibility on anyone beyond his capacity” (Al Baqarah: 286).