Question:
We would be grateful if you could please let us know the Islamic point of view regarding holding the post of Judge (Qadhi) by a woman in Islamic state according the Qur’an was Sunnah.
Please send detailed reply with references and literature if any by mail or e-mail.
Best Regards.
Mohammad Ibraheem, Karachi
Reply:
The Shari`ah does not prohibit a woman from being a Qadhi.The matter rests with the opinion of the collectivity of the Muslims. The collectivity should decide the issue keeping in perspective the well being of the community, in general, as well as the promotion of merit, in particular.There seems to be no reason why a capable woman should not be allowed to hold the position of a judge. In other words,all positions of responsibility should actually be filled on the sole criterion of merit, qualification and ability rather than gender or any other form of quota.
In your email, you have asked for a detailed response.A detailed response would only have been possible if there were any positive or negative directives of the Shari`ah on the issue. Under the circumstances, if any one were of the opinion that women cannot hold such positions, it would be his responsibility to provide the basis of his opinion from the Qur’an and the Sunnah. Unless such bases are provided, appointing women on such posts cannot be termed as prohibited.
UIUK team
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