Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan April 6, 2022. REUTERS
ISLAMABAD:
The Supreme Court’s Sharia Appeals Chamber on Thursday heard a major constitutional and religious interpretation case regarding the evidentiary status of women’s testimony in legal proceedings.
The five-member bench, headed by Justice Jamal Khan Mandokhail, issued notices to the federation and provincial governments and sought their formal responses, noting that the issue has both jurisprudential and social importance.
The court considered the legal, religious and procedural dimensions of the case. He stressed that a clear and reasoned decision was necessary so that future disputes could be resolved with certainty in accordance with Islamic constitutional and legal principles.
Sitting on the bench, Justice Irfan Saadat Khan observed during the hearing that guidance regarding the testimony of women is available in the Holy Quran, particularly referring to verses from Surah Al-Baqarah which describe the circumstances under which the testimony of women is accepted.
The lawyer representing the petitioner informed the court that the women who initially filed the petition had died, prompting the bench to consider how best to deal with the legal issue before it.
Justice Mandokhail remarked that the court intended to continue hearing the matter to arrive at a final decision on this sensitive legal and religious issue. The bench summoned Saira Rajput, finance secretary of the Supreme Court Bar Association, to attend the proceedings.
The judge also invited female journalists in the courtroom to approach the podium, suggesting that since the case directly concerns women’s testimony, their views could contribute significantly to the debate.
The court asked whether a woman’s testimony should be treated half or fully in legal matters, noting that the dispute revolved around interpretation rather than social value. Justice Shahid Waheed observed that all helping participants must appear in the next hearing.
Justice Waheed also asked all helping participants to present relevant arguments. The court then issued notices to all parties concerned and asked them to submit detailed responses before further proceedings. (WITH INPUT FROM THE APPLICATION)
