Unconventional Duha Research Unitary

Part I: Physiological & Psychological Dimensions of the Menstrual Cycle

1.1 Hormonal and physiological fluctuations

Modern research affirms that the menstrual cycle involves marked hormonal fluctuations (primarily estrogen and progesterone) that influence not only physical but also psychological and emotional states.

For example:

In a review of menstrual cycle influence on cognition and emotion, it was found that emotion-recognition, consolidation of emotional memories, and fear-extinction may be modulated by cycle phase (especially the luteal phase).

A study on irregular menstruation found associations with mood and anxiety symptoms: “Irregular menstruation was associated with … depression and anxiety.”

In a targeted study on mood-swings during menstruation: psycho-emotional symptoms (anger, irritability, depression) were found in a high proportion (~73-81%) of sampled young women.

More broadly, analyses of mood symptoms across cycles indicate significant day-to-day fluctuations even in psychologically healthy women; the pattern is not fully consistent but clearly present.


1.2 Emotional and functional consequences

These hormonal/emotional fluctuations lead to tangible functional consequences:

A survey found that during their menstrual period, 38 % of women reported not being able to perform all their regular daily activities.

In a Korean study of menstrual disorders, women with severe menstrual disorders had a higher prevalence of definite depressive symptoms (PR ≈ 2.14) compared to women without such disorders.

Emotional and behavioral signs associated with pre-menstrual syndrome (PMS) include tension, anxiety, depressed mood, crying spells, mood swings, irritability or anger, appetite changes, trouble sleeping.


1.3 Summary of relevance for testimony reliability

From these findings one may infer that during certain phases of the cycle, women may experience:

Elevated emotional reactivity and irritability.

Variability in mood and perhaps subtle lapses in concentration or recall (though cognitive impairments are small or inconsistent).

Functional disruptions (in daily activities) which may translate into heightened stress, distraction or recall-variability.


Although this does not equate to diminished rational capacity (intellect ‘ʿaql’), it suggests that in some phases women may face higher intra-subject variability in emotional state and attention, recall reliability.

In a legal testimony context — where accurate recall, calm composure, and reliability are critical — this physiological-psychological variability may be pertinent.


Part II: Fiqh Rulings and the Complexity of Women as Witnesses

2.1 The jurisprudential rule and its context

In the classical fiqh of the four Mādhāhib, the rule that in certain financial transactions the testimony of two women equals one man finds its textual basis in the Qur’an:

“And bring to witness two men from among you. And if two men be not available, then a man and two women …” [Quran 2:282]

Islamic jurists historically interpreted this to mean that in those specific contexts of financial contract documentation, the requirement was two female witnesses (or one man and two women).


The ḥadīth of the Prophet ﷺ (as we discussed) connects the phrase “deficiency in intellect” with the fact that a woman’s testimony counts as half of a man’s and gives “when she menstruates, she does not pray nor fast” as the “deficiency in religion”. The classical commentators clarify that “deficiency in intellect” here is ḥukmī/ procedural, not ontological.

2.2 Conditions of testimony and reliability

Islamic legal theory (uṣūl al-fiqh) sets conditions for witness testimony: freedom, legal responsibility (taklīf), adultness, sound mind, justice (‘adl), accuracy of perception, etc.
The rationale for requiring “two women or one man” in certain cases has been explained in classical sources as linked to possible issues of “forgetfulness or reminding” – that one woman may forget and the other remind. While this was historically contextualised by jurists, modern re-readings critique whether that remains the universal rationale.

2.3 Complexity: situational, not generalised

Key complexities in the fiqh ruling include:

The rule applies only in particular legal categories (e.g., documentation of debt) — not universally in all witness scenarios.

The rule is procedural: it regulates the process of evidence to safeguard contractual integrity; it is not an absolute statement about women’s competence in all situations.

Thephysiological-emotional variability (such as during menstrual phases) is not explicitly stated in classical texts as the rationale, but may well provide a practical wisdom (ḥikmah) in a pre-modern context of recollection reliability.


2.4 Interface: Menstrual variability → Testimony reliability

Given (from Part I) that certain phases of the menstrual cycle may involve elevated emotional variability or other functional disruptions, one may draw the following correlational reasoning (not normative conclusion):

If witness testimony requires stabilised attention, calm recall and accurate rendition, then any periodically increased intra-person variability (such as mood swings, irritation, distraction) could in theory raise concerns about reliability in those instances.

The classical juristic rule could be seen as a precautionary measure (iḥtiyāṭ) accounting for normative human variability rather than a statement of incapacity.

Yet, this does not imply that any woman is permanently less capable in intellect or reliability; rather that legal processes accommodate variations in capacity and reliability across all humans — it just historically noted one domain of variation.


Part III: Toward a Tawḥīdic Synthesis and Practical Implications

3.1 Epistemological stance

In line with a Tawḥīdic worldview: knowledge from neuroscience (physiology, psychology) and knowledge from Sharīʿah (fiqh reasoning) are not adversaries but potential complementary mirrors of Allah’s creation and wisdom — provided we interpret each within its proper domain. Our schema:

Biological variability = manifestation of divine design, not defect.

Juristic differentiation = mechanism for human social-legal order, not hierarchy of worth.

Emotional regulation = part of the human condition across genders; but patterns may differ in modalities.


3.2 Practical guidance for jurisprudence and scholarship

Contemporary scholars and fiqh councils might reaffirm that the “two women = one man” rule is context-specific and consider whether flexibility is required in other domains of testimony — especially given changing social contexts and scientific understanding.

In testimonial procedures, both men and women may be assessed individually for their competence, clarity of recollection, and emotional-mental stability rather than being judged purely by gender.

Awareness of biological-emotional rhythms (menstrual cycle, PMS etc.) can lead to more humane procedural accommodations (for instance, allowing a witness option to testify at a more stable time, or recognising potential distraction) without implying incapacity.

Theemotional-neuro-physiological layer should emphasise variability (cycles) and resilience, not deficiency.


Conclusion

This paper has explored the intersection between menstrual-cycle-related emotional/physiological variability and the fiqh complexity of women’s testimony. By integrating empirical data and juristic reasoning within a Tawḥīdic epistemology, we move beyond simplistic interpretations of “intellect deficiency” toward a nuanced understanding:

Human beings are diverse in rhythms and capacities; law recognises this by providing mechanisms for reliability; knowledge from neuroscience confirms that variability is real — but not a marker of worth or permanent inferiority.