four women, it would not be accepted according to the well-known position of the madhhab. Likewise, if he produced two women and an oath, it would not be accepted; and if he produced one woman and an oath, then it is all the more appropriate that it not be accepted.
Some scholars, however, held that two women take the place of one man except in cases involving prescribed punishments, due to the precaution required in such cases. They cited as evidence the general wording of the Prophet’s statement: “Is not a woman’s testimony equal to half that of a man?” (1) He stated this without making any distinction.
Moreover, Allah, Exalted is He, mentioned the reason for requiring a number of women: that one of them might forget and the other remind her. He did not state that the reason was financial matters. Rather, the reason is that one woman strengthens another by reminding her if she forgets. This applies to testimony in financial matters and in other matters as well, except where the path of precaution is to be followed. It applies whether the woman is accompanied by a man or not.
This view is the stronger one. Thus, the correct view is that two women take the place of one man in all cases, except in cases involving prescribed punishments, as a precaution; for Allah, Most High, says: “Then they fail to produce four witnesses.” [al-Nur: 4] This is an explicit text requiring male witnesses.
Accordingly, property may be established by two men; four women; one man and two women; one man together with the claimant’s oath; or two women together with the claimant’s oath. Shaykh al-Islam also chose the view that it may be established by one woman together with the claimant’s oath. He said: if the woman remembers the testimony and is certain of it, then the reason Allah mentioned—namely, that one of them might forget—no longer applies. Thus, there are six methods of establishing property claims, and the seventh is manifest circumstantial evidence,