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The appointment of Muslim women as judges in the courts: a textual analysis from Islamic perspective

The appointment of women as judges in Muslim countries remains a challenging and debatable issue due to a general perception that such appointment might not be in conformity with the SharÊÑah. Dual legal systems, i.e. civil and SharÊÑah courts exist in the Muslim world. The SharÊÑah Court has jur...

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Main Author: Ali, Md. Yousuf
Format: Conference or Workshop Item
Language:English
Published: IACSIT Press 2011
Subjects:
KBP1 Islamic law.Shariah.Fiqh
Online Access:http://irep.iium.edu.my/16413/1/16413.pdf
http://irep.iium.edu.my/16413/
http://www.ipedr.com/vol17/37-CHHSS%202011-H10039.pdf
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spelling my.iium.irep.164132016-03-28T01:20:03Z http://irep.iium.edu.my/16413/ The appointment of Muslim women as judges in the courts: a textual analysis from Islamic perspective Ali, Md. Yousuf KBP1 Islamic law.Shariah.Fiqh The appointment of women as judges in Muslim countries remains a challenging and debatable issue due to a general perception that such appointment might not be in conformity with the SharÊÑah. Dual legal systems, i.e. civil and SharÊÑah courts exist in the Muslim world. The SharÊÑah Court has jurisdiction related to family law only for Muslims. A few Muslim women, even though their growth is continuously increasing, are contributing as judges in the Muslim world. However, it is imperatively essential to examine the textual sources in order to know the stance of Islamic SharÊÑah. The juristic interpretations of the texts would benefit the entire humanity in the judicial system like other sectors if the avenues of opportunities are given to them. Therefore, this article examines critically the appointment of women as judges on the basis of the textual arguments of the Qur’Én and the Sunnah that contribute in making a clear Islamic legal stance for a better understanding of the role of women in judicial system. In particular, it intends to focus on: a) analyzing the prohibition and permissibility of the appointment of women as judges in courts from the Islamic legal perspective, b) evaluating critically and clarifying the issue according to the classical as well as contemporary Muslim scholars, and c) providing some recommendations with the qualifications to be judges that can illuminate the existing debate about the appointment in both courts. The two key issues will be critically examined, which are; the question of the qualifications to be judges and the question of the legal stance of the SharÊÑah about the appointment. Discussion would include implications of the research findings, shortcomings of the current study, and directions for future research. IACSIT Press 2011 Conference or Workshop Item REM application/pdf en http://irep.iium.edu.my/16413/1/16413.pdf Ali, Md. Yousuf (2011) The appointment of Muslim women as judges in the courts: a textual analysis from Islamic perspective. In: 2011 2nd International Conference on Humanities, Historical and Social Sciences (CHHSS 2011) , 21-23 October, 2011, Cairo, Egypt. http://www.ipedr.com/vol17/37-CHHSS%202011-H10039.pdf
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic KBP1 Islamic law.Shariah.Fiqh
spellingShingle KBP1 Islamic law.Shariah.Fiqh
Ali, Md. Yousuf
The appointment of Muslim women as judges in the courts: a textual analysis from Islamic perspective
description The appointment of women as judges in Muslim countries remains a challenging and debatable issue due to a general perception that such appointment might not be in conformity with the SharÊÑah. Dual legal systems, i.e. civil and SharÊÑah courts exist in the Muslim world. The SharÊÑah Court has jurisdiction related to family law only for Muslims. A few Muslim women, even though their growth is continuously increasing, are contributing as judges in the Muslim world. However, it is imperatively essential to examine the textual sources in order to know the stance of Islamic SharÊÑah. The juristic interpretations of the texts would benefit the entire humanity in the judicial system like other sectors if the avenues of opportunities are given to them. Therefore, this article examines critically the appointment of women as judges on the basis of the textual arguments of the Qur’Én and the Sunnah that contribute in making a clear Islamic legal stance for a better understanding of the role of women in judicial system. In particular, it intends to focus on: a) analyzing the prohibition and permissibility of the appointment of women as judges in courts from the Islamic legal perspective, b) evaluating critically and clarifying the issue according to the classical as well as contemporary Muslim scholars, and c) providing some recommendations with the qualifications to be judges that can illuminate the existing debate about the appointment in both courts. The two key issues will be critically examined, which are; the question of the qualifications to be judges and the question of the legal stance of the SharÊÑah about the appointment. Discussion would include implications of the research findings, shortcomings of the current study, and directions for future research.
format Conference or Workshop Item
author Ali, Md. Yousuf
author_facet Ali, Md. Yousuf
author_sort Ali, Md. Yousuf
title The appointment of Muslim women as judges in the courts: a textual analysis from Islamic perspective
title_short The appointment of Muslim women as judges in the courts: a textual analysis from Islamic perspective
title_full The appointment of Muslim women as judges in the courts: a textual analysis from Islamic perspective
title_fullStr The appointment of Muslim women as judges in the courts: a textual analysis from Islamic perspective
title_full_unstemmed The appointment of Muslim women as judges in the courts: a textual analysis from Islamic perspective
title_sort appointment of muslim women as judges in the courts: a textual analysis from islamic perspective
publisher IACSIT Press
publishDate 2011
url http://irep.iium.edu.my/16413/1/16413.pdf
http://irep.iium.edu.my/16413/
http://www.ipedr.com/vol17/37-CHHSS%202011-H10039.pdf
_version_ 1643607128527601664
score 13.211869

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