Is masculinity a prerequisite for witnesses testifying to the testimony of primary witnesses (witnesses of the branch)?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
Masculinity is a condition for witnesses testifying to the testimony of primary witnesses. Therefore, women are not accepted as witnesses of the branch under any circumstance, whether the underlying right is one where the testimony of women is normally accepted or not. This view is held by Ahmad, Malik, Al-Thawri, and Al-Shafi'i. The reasoning is that their testimony establishes the testimony of the original witnesses, but not the right itself, which is not a financial matter, nor is the purpose thereof financial, and men oversee such matters, thus resembling retribution (Qisas) or prescribed punishments (Hudud).
Supporting text
A second opinion permits the testimony of women in matters where their testimony would establish the original right. Ahmad confirmed that the testimony of two women upon the testimony of two women is permissible if a man is present with them. Al-Awza'i permits a woman's testimony regarding another woman's testimony. The justification for this is that the purpose of the branch witnesses is to establish the right established by the original witnesses, making their testimony acceptable, similar to sales (Bay'). This differs from Hudud and Qisas because the intent of the testimony in those cases is never to establish financial rights.