Single Women’s Testimony in Islam: A Comparative Analysis with the Pakistani Legal Framework

Abstract

This study examines the function and legitimacy of women's testimonies in Islam by contrasting them with Pakistan's legal system. Though there are variations depending on the situation and case type, Islamic jurisprudence has historically recognized the testimony of women,particularly unmarried women, in a variety of legal problems. Examining how Islamic principles relate to or differ from the Pakistani judicial system in relation to single women's testimony is the aim of this study. This study specifically aims to ascertain the degree to which Islamic jurisprudence informs Pakistani law and to pinpoint areas where interpretation or application may vary. To define the Islamic position on women's testimony, the study technique uses a comparative analysis, drawing on traditional fiqh (Islamic jurisprudence) and primary Islamic texts, the Quran and Hadith. Using Pakistan's constitution, case law, and statutes as a guide, these conclusions are then compared to the country's legal provisions, especially in criminal and
civil cases where testimony is crucial to the outcome. The findings show that whereas Islam permits women to testify in many situations, various interpretations of Pakistani law implement these principles differently, occasionally imposing restrictions based on gender or demanding supporting documentation. According to the report, Pakistan's court system does not always
adhere to traditional Islamic standards on women's testimony because of colonial-era legislation and current geopolitical factors. The conclusion underscores the need for a more nuanced understanding and application of Islamic jurisprudence within the Pakistani legal context to ensure justice and equality. It suggests potential reforms in the legal system to more accurately reflect Islamic teachings on women’s rights and testimony. This research contributes to broader discussions on gender equity in legal settings within Muslim-majority societies.

Key words: Single women’s testimony, Islamic jurisprudence, Pakistani legal system, Gender equity, Comparative study, Legal reform