A Study on Women Assuming the Position of Judiciary

Abstract

This study aims to clarify and explain the conditions for assuming the position of the judiciary in Islamic law.  In addition, it discusses the position of contemporary jurists on the assumption of the position of judiciary by women, who in turn were divided between supporters and opponents with providing the evidences. This study clarifies that the profession and existence of the judiciary is in order to show the right and rule on the basis of returning rights to their owners, and separating the litigants with justice. The study shows that the jurists are unanimously agreed that the judiciary is nothing but the settlement of disputes, and the clarification of the legal ruling in order to obligate the opponents to the ruling of the judge In addition, the dispute over the issue of women assuming the position of the judiciary is neither new nor a product of the current era. Since the dispute in it has existed since antiquity, and the evidence is that there are many different opinions on the subject, but there has been much talk about it with women occupying many positions in the current era, including the position of the judiciary. After research and analysis, we chose the opinion in favor of women taking over the judiciary, however, it has to be within the limits and controls of Islamic law.

Taghread Keadan and Mahmoud, Khaled (2022) A Study on Women Assuming the Position of Judiciary, Global Journal of Arts, Humanities and Social Sciences, Vol.10, No.10, pp.58-69

Keywords: Judiciary, Retribution, Woman, opposing jurists, position of the judiciary, punishments, supporting jurists

DOI: https://doi.org/10.37745/gjahss.2013/vol10n105869

Article Review Status: Published

Pages: 58-69 (Download PDF)

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