حكم تولي المرأة منصب القضاء : دراسة فقهية يقارنة

Abstract EN

This research aims to study the status of women for taking the office of judgment, and provides the approaches and notions of the Islamic jurisprudents.

Several Islamic jurisprudents prohibited explicitly the appointment of women for the office of adjudication, and they compare it with the prohibition of women of taking the office of supreme guardian (i.e.

Caliph, or Supreme Leader).

In contrast, some jurisprudents permit women for judgment and compare it with the permission of women to voice juristic opinion.

Another class of Islamic jurisprudents argues that women are only permitted to judge on the cases that are not sentenced to Hadd (punishment prescribed by Islam) or retaliation In this research, the jurisprudential approaches of Islamic sects have been presented in addition to the reasoning and notions provided by them.

Finally, it has been concluded that there is no explicit text proving or reasoning the prohibition of taking this office of women, and taking such an office is permissible, provided that the qualifications, competency and power of the judge for the settlement of disputes and promotion of justice is proved.

In this regard, there is no difference between male and female judge, and only the supreme leader shall be appointed among men It is pertinent to mention that the abovementioned argumentation does not mean the necessity or requirement of such an appointment, rather any female jurisprudent aims to be appointed as judge shall have the conditions of competency and all other conditions prescribed by Islam, and this appointment shall not prejudice the rights of others .