Analysis of the legal duty in the inequality of martyrdom and its solution based on the interpretation of words in the context of formation

Document Type : Research Paper

Author

Abstract

The authority of Bayyinah, i.e. the testimony of two just persons, is a jurisprudential necessity; however, there is disagreement about the basis of the authority of Bayyinah from the aspect of requiring intent of proximity to Allah or not or the number of witnesses as well as the gender of witness depending on the nature of the dispute. In recent decades, equating the testimony of two women with the testimony of one man in verse 282 of Sura Al-Baqarah, due to women's forgetfulness and based on some narratives indicating their rational imperfection, has caused a lot of controversy. The question is: What is the reason behind the inequality of testimony of woman and man and how are the provisions of the above said verse and narratives justified? Regardless of the contradictive answer of accepting the testimony of one woman in certain cases, the authors will say in a descriptive-analytical study, far from unconventional interpretations: First. In jurisprudential literature, witnessing and testifying are not considered as rights to cause a defect in women's rights. Second: Testimony must be about tangible issues and it doesn’t relate to the intellect.In addition, the narratives containing the rational imperfection are contrary to verse 282

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Articles in Press, Accepted Manuscript
Available Online from 30 June 2020
  • Receive Date: 15 April 2020
  • Revise Date: 29 June 2020
  • Accept Date: 30 June 2020