Limits and Preventions of Women's Testimony in Courts

Author

Assistant Professor, Department of Theology, Al-Zahra University

Abstract

One of the topics discussed in the area of women's problems is the quality of women's testimony in courts, because what we face in written civic and penal codes clearly shows that according to jurisprudents' opinions and their inference from jurisprudential reasons, women's testimony or witnessing in different fields has not been seen valid and authoritative. Nonetheless, by re­studying the issue, it is possible to make these reasons deductive in the current condition in a way that would certainly causes the laws related to women's testimony to change. This essay sees flaws in interpretation of witnessing and testimony in some jurisprudents' opinions and introduces the problem only as a way to prove that such claims derive their credence from common usage or the secular law. This is so, considering finding fault with the method of inference from the holy Qur'an and narratives, and by expressing that other reasons manifest signs of alteration. It means if the qualification of women to express their opinions about their observations be proved in special occasions, and if it is confirmed by the wise, the holy legislator never ignores this matter and considers the witness of men and women equal.

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