Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

An introduction to the role of gender in testifying women in financial lawsuits from the perspective of jurisprudence and law

Document Type : research

Authors
Hamid Rezaei Far 1
Azam Khoshsorat Movafagh 2
1 PhD student of Women's Studies, Women's Rights in Islam, Qom University of Religions, Qom, Iran
2 Assistant Professor of Women's Studies, Faculty of Women and Family, Qom University of Religions, Qom, Iran
10.22034/ejs.2024.442311.1690
Abstract
Background and Aim: testifying is one of the proofs of a lawsuit. The effect of gender on testifying is one of the problems of debate and disagreement. Based on this, the purpose of this article is to investigate the role of gender in testifying women in financial lawsuits from the perspective of jurisprudence and law.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: The findings indicate that in jurisprudence and law in financial claims, in the financial rights of people or what is meant by money, such as buying and selling and loans, in addition to accepting the testimony of two men, the testimony of one man and two women is also accepted. will be accepted.
Conclusion: According to one interpretation, witnessing is a duty, and being deprived of testifying is a duty removed from women's shoulders, and this is due to the inherent difference in the nature of men and women, and this does not mean the superiority of wages over women. Especially, in some cases, such as financial and commercial affairs, at least at the time of the revelation of verse 282 of Surah Al-Baqarah, women were much less active, and for this reason, there was a need for a precautionary witness.
Keywords
testifying
women
gender
financial claims
Subjects
Strategic Studies of Jurisprudence and Law
Volume 6, special issue
Studies of economic jurisprudence
Summer 2024
Pages 855-870