This dissertation deals with the act of taking charge of the position of a judge by a woman in Islamic jurisprudence. It includes a survey of the viewpoints of the scholars concerning this issue classifying them into three categories: The first viewpoint which was adopted by the consensus of scholars (Jumhour) completely forbade a woman to take charge of such a position, declaring her judgment to be void; if dissenting from the rule. She had taken charge of this position. The second viewpoint which was adopted by the Hanafis and by lbn Al-Qasim from the Malikis, forbade her to take charge. of such a position but stating that her judgment is considered to be effective if it related to matters in which the evidence of a woman is admissible. The third viewpoint which was adopted by the Dahiris • Al Taberi and Al-Hasan Al Basri, allowed her to take charge of such a position dealing with all matters. The dissertation sat forth the ideas of each group indicating its merits together with its shortcomings and finally preponderating the viewpoint of Al Jumhour. Taking the side of Al Jumhor was due to Alla's saying 11 Men are the protectors and maintainers of women 11 and to the saying of Prophet Muhammad (P.b.u.h.) "A folk which entrusts its interests to a woman will never succeed”. Moreover, the physical and female nature of a woman reinforce such argument which prevailed during the first Islamic epochs.
Abu Leil, Professor Mohamed Ahmed
"The Woman and the Judicial Position in Islamic Jurisprudence,"
UAEU Law Journal: Vol. 1993:
7, Article 2.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol1993/iss7/2