Can women serve as primary witnesses (witnesses of the origin)?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
Women are accepted as primary witnesses in matters where their testimony, along with men, establishes a right. This is the position of the majority of scholars, where the testimony of two men upon the testimony of one man and two women is valid for any right established by their testimony alongside men.
Supporting text
Another narration attributed to Abu Al-Khattab prohibits women from serving as primary witnesses in the testimony chain because testimony upon testimony inherently involves weakness, and adding women's testimony increases this weakness. The counter-argument is that if the branch witnesses establish the original testimony, they establish it, and if they establish the right itself, they establish it. Furthermore, since women testify regarding financial matters or matters intended to yield financial benefits, their testimony is accepted, as in the case where a debt is acknowledged before a judge. The reasoning cited for the prohibitory narration has no basis.