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SC moves to address women’s testimony issue

Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan April 6, 2022. REUTERS


ISLAMABAD:

The Shariat Appellate Bench of the Supreme Court on Thursday heard an important constitutional and religious interpretation case concerning the evidentiary status of women’s testimony in legal proceedings.

The five-member bench, led by Justice Jamal Khan Mandokhail, issued notices to the federation and provincial governments and sought their formal responses, noting that the issue carries both jurisprudential and social significance.

The bench examined legal, religious and procedural dimensions of the matter. It emphasised that a clear and reasoned determination was required so that future disputes could be addressed with certainty under constitutional and Islamic legal principles.

Sitting on the bench, Justice Irfan Saadat Khan observed during the hearing that guidance regarding women’s testimony is available in the Holy Quran, particularly referencing verses in Surah Al-Baqarah which outline circumstances under which women’s testimony is accepted.

The lawyer representing the petitioner informed the court that the women who had originally filed the petition had passed away, prompting the bench to consider how best to proceed with the legal question before it.

Justice Mandokhail remarked that the court intended to continue hearing the case to reach a definitive ruling on the sensitive legal and religious question. The bench summoned Saira Rajput, finance secretary of the Supreme Court Bar Association, to assist the proceedings.

The judge also invited female journalists present in the courtroom to approach the rostrum, suggesting that since the case directly concerns women’s testimony, their perspective could contribute meaningfully to the discussion.

The court inquired whether a woman’s testimony should be treated as half or full in legal matters, noting that the dispute revolves around interpretation rather than social value. Justice Shahid Waheed observed that all assisting participants must appear during the next hearing.

Justice Waheed also asked all assisting participants to present relevant arguments. The bench later issued notices to all concerned parties and directed them to submit detailed responses before the subsequent proceedings. (WITH INPUT FROM APP)

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