شهادة النساء في الفقه الجنائي الإسلامي: دراسة مقارنة بين المذاهب الأربعة

Abstract

This study is based on the library research. As we know, shahadah is one of a method to proof and decide, whether someone is guilty or not if he was claimed make an offense. shahadah can be made by man or woman as a witness. The research sought to understand and identify position of woman, as a witness in crime and woman's shahadah is acceptable or not according to Islamic Law. Besides that, the other objective of this study is to know about views of jurists, especially mazhab arba'ah about shahadah of woman in crime, whether they accept or not woman as a witness in crime. Referring relevant books has been done as a tool for data gathering purpose. The result from this study, the writer identifies that some jurists said that woman's shahadah is acceptable while the others viewed that woman as a witness is not acceptable in crime. The fact is shahadah's woman is rejected if it relates with qisas punishment. Otherwise, in ma1 or property's punishment, shahadah's woman is acceptable.