The Qur'anic verse known as "the indebtedness verse" in which Allah prescribes writing debt contracts as a precautionary measure is: "And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, tile other can remind her. And the witnesses should not refuse whethey are called on (for evidence).19 Thus, the Qur'an makes the testimony of oman equal to the testimony of two women. Moreover, the majority of jurisprudents establish that a woman's testimony does not count in major crimes and in matters which do not relate to the rule of retaliation in kind.

 
        Yet the distinction is far from being due to any belief in a deficiency of the woman's humanity and integrity. It is rather due to her natural disposition and her special inclinations which may exclude her involvement in such matters while being focused on motherhood or the household. Hence, there is very likely to be a kind of characteristic inattention on her part when it comes to handling these matters. For this reason, Allah commands creditors if they want to verify the value of debt to seek the testimony of two men or one man and two women. The Qur'an puts it unambiguously: " so that if one of them (two women) errs, the other can remind her.20

 
        The exclusion of woman's testimony, altogether, from cases of major crimes, and cases requiring retaliation in kind, is meant to protect women and distance them from sites of crime and aggressions against souls, honour and property. It is not infrequent, for instance, to see a woman closing her eyes, or running away in panic from a scene of bloodshed; therefore , it becomes difficult for that woman to give a reliable account of the crime.

        Nevertheless, this has also meant for the jurisprudents that a woman's testimony counts in cases of feminine affairs such as foster relationships, menstruation, delivery and such matters whose knowledge was confined to women in past ages and probably still is. Yet, Ata'a-tabiei (literally a follower a companion of one of the Prophet's Companions) establishes that a woman's testimony on such matters does count. In addition, other jurisprudents accept a woman's testimony in crimes that take place in female gatherings that are not usually frequented by men, like women 21oriental pools, wedding parties attended solely by women. and other such gatherings. The question, however, is: if one woman kills, wounds or maims another and the only witness is a woman, should her testimony be ruled out because it is merely given by a woman or should men give testimony of something they did not witness? It is more in the nature of things to accept a woman's testimony in this case so long as she is reputed to be honest, accurate and mindful. Commenting on the verse: " And if there are not two men (available), then a man and two women" the former Sheikh of Al-Azhar Mahmud Shaltut says: The verse does not address the question of the status of the testimony. It rather addresses the methods of verification and establishment of confidence about the individual's rights at the moment of transaction. The verse actually begins: "O you who believe! When you contract a debt for a fixed period, write it down. Let a scribe write it down in justice between you. Let not the scribe refuse to write as Allah has taught him," until it reaches " And get two witnesses out of your own men. And if there are not two men (available), then a man and two woman, so that if one of them (two women) errs, the other can remind her. 22 Therefore the situation is one of verification and documentation of rights and not one of judgement. Thus the verse points to the best ways of documentation and verification by which partners in a deal can have maximum security. This therefore does not mean that a single woman's, or a group of woman's testimony without a man's does not count in establishing rights nor is to be taken by a judge since the maximum required in jurisdiction is "evidence".

        Along this line of thinking, jurisprudent Ibn Al-Qayyim establishes that "evidence" in Islamic Law is more comprehensive than testimony; confirming "evidence" is the factor in establishing rights, what makes it "evident" and consequently what is to be considered by the judge.
 

 
        This leads Sheikh Shaltut to the conclusion that when two woman's testimonies are counted as one man's testimony, it is not because of some weakness or flaw in her mentality which would involve, in turn, a defect in woman's humanity.

 
        Still, Sheikh Shaltut does not stop here; he goes on to consider a case in which the word of men and women weigh equally: There is a stronger proof for equality in the Qur'an's statement that the woman is just like the man in the type of testimony known as the oath of condemnation 23"And as for those who accuse their wives but have no witnesses except themselves, let the testimony of one of them be four testimonies (i.e. testifies four times) by Allah that he be one of those who speak the truth. And the fifth (testimony) (should be) invoking the Curse of Allah on him if he be one of those who tell a lie (against her). But it shall avert the punishment (of stoning to death) from her, if she bears witness four times by Allah, that he (her husband) is telling a lie. And the fifth (testimony) should be that the Wrath of Allah be upon her if (her husband) speaks the truth". 24 That is, four repetitions of the oath or testimony by the man concluded by an invocation of his damnation by Allah if he is lying, countered by and invalidated by four repetitions of the woman's counter statement, also followed by an invocation of Allah's wrath upon her if she is lying. 25