Kedudukan Saksi dalam Pengadilan Menurut Ibnu Rusyd: Reinterpretasi dan Peran Saksi Wanita dalam Konteks Fikih Modern

Abstract

Ideally, Islamic law aims to realize substantive justice through the institution of testimony. However, the reality shows that the textual understanding of classical fiqh regarding female witnesses still limits women's participation, potentially hindering justice, especially in the modern era with its heightened awareness of gender equality. This research aims to: (1) explore Ibnu Rusyd's thoughts on testimony in Bidāyat al-Mujtahid; (2) examine his istinbath method; (3) reinterpret his ideas for a more gender-responsive modern fiqh; and (4) identify its implications for religious courts in Indonesia. This library research employs a qualitative-philosophical approach using hermeneutic-philosophical analysis. The findings reveal that Ibnu Rusyd possesses a unique approach combining textual, contextual, and maqashidi analysis. He understands the differing value of testimony sociologically—due to women's lack of experience in business transactions in the past—rather than as an essential difference in intellectual capacity. This finding contributes to the development of a more just and egalitarian contemporary fiqh and encourages reform of procedural law in Indonesian religious courts.