Islam's Approach to Female Testimony 

According to most scholars the reason for the difference in testimony between men and women was the fact that in most societies women were not involved in the conventional economic sphere; thus, since a woman was most likely unfamiliar with contracts, another woman should testify as well to reinforce her statement.

Some scholars have argued about inherent deficiencies of women in intellect and memory. However, they mention no such shortcomings while accepting narrations of hadith from women, where it is a fact that Aisha, the wife of the Prophet (SAW) was among the most prolific and substantive narrators of Ahadith.

Scholars determined that the substitution of two women for a man is not universal, but was only intended to be applied in certain areas of law, while in other areas of law female testimony may even be deemed superior to male testimony, in matters familiar to women (e.g. childbirth, nursing, menstruation, iddat, etc.). And the requirement for two women in testimony was not applied universally in financial matters either; Mu’awiyah passed a judgment concerning housing based on the sole testimony of Umm Salamah (the Prophet’s wife), without requiring any corroboration.

In cases of fornication/adultery the four imams Abu Hanifa, Malik, Shafa’i and Ahmed bin Hanbal have a consensus that only men can be witnesses and women’s testimony for such cases is not acceptable. In other matters of hudood and qisas (blood money) all four imams agree that the testimony of two Muslim men is required and women’s testimony is not acceptable. Ibne Hazm is a notable exception who says that in both fornication/adultery and other hudood matters women testimony is acceptable in the ratio of two women for one man. According to the Hanafi school of thought other than hudood and qisas matters women are allowed to be witnesses in the ratio of one male witness = two female witnesses in marriage, divorce, will, iddat, bequest, etc. cases. Malik and Shafa’i disagree while Imam Ahamd bin Hanbal has two differing opinions on this issue.

Ibn Taymiyyah and Ibn al-Qayyim are two notable classical scholars that rejected the notion that women testimony is equal to half of men’s testimony in all matters. They argued that if either testimony or narration was to be more important, narrating a hadith would require more care because it deals with the words and actions of our beloved Prophet (SAW). Thus, since a woman's transmission of hadith is to be accepted, if a woman could prove herself to be credible in testifying in other areas—deemed political and impenetrable to women by other scholars—then her testimony should be accepted. The verse requiring two women for contracts, on the other hand, was referring to specific testimonies dealing with future disputes and had no effect on former disputes or on serving as a witness before a judge.

Ibn Taymiyyah justified the wisdom of making the testimony of two women equal to that of one man in financial issues, by arguing that women did not usually deal with these types of financial transactions in their social context. However, if a woman gained experience and fully understood these matters, then her testimony would be regarded as equivalent to that of a man. Some contemporary scholars have also argued that when sociocultural circumstances differ and a woman’s daily activities and practices change, her testimony would be equivalent to a man in all legal proceedings. However, this is a minority opinion.

Another perspective on this matter is that testimony is not a right but a responsibility. Given the nature of this responsibility which requires courage, conviction, ability to face hardship and at times allegations and intimidation from the party against whom the testimony is being given, Islam has exempted women from undertaking this. Data in the field of memory studies have demonstrated that neither gender is categorically superior in memory, but rather there are subtle differences in the way men and women remember information. Males are more accurate and less suggestible about the male-oriented items while females are more accurate and less suggestible about the female- oriented items.

There are five places in the Quran where witnesses are mentioned. These are:
o Surah Baqarah (2:282) concerning the writing of debt documents 
o Surah Maida (5:106) concerning the will at the time of death
o Surah Talaq (65:2) concerning divorce
o Surah Nur (24:4-5) concerning the allegation of adultery/fornication on innocent women
o Surah Nur (24: 6-9) concerning the law of Lian (a husband accusing his wife of unfaithfulness with no other witness) Except for one place (2:282) there is no mention of any difference between male and female witnesses. In one place (24: 6-9) while stating the law of Lian the testimony of the woman (wife) has been explicitly accepted to be equivalent of the man’s (her husband’s).

Once Allah's Messenger (SAW) went out to the Musalla (to offer the prayer) of Eid-al- Adha or Eid al-Fitr prayer. Then he passed by the women and said, "O women! Give alms, as I have seen that the majority of the dwellers of Hell-fire were you (women)." They asked, "Why is it so, O Allah's Messenger (SAW)?" He replied, "You curse frequently and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. A cautious sensible man could be led astray by some of you." The women asked, "O Allah's Messenger (SAW)! What is deficient in our intelligence and religion?" He said, "Is not the evidence of two women equal to the witness of one man?" They replied in the affirmative. He said, "This is the deficiency in her intelligence. Isn't it true that a woman can neither pray nor fast during her menses?" The women replied in the affirmative. He said, "This is the deficiency in her religion." (Bukhari 304, Book 6, Hadith 9)