أداء المرأة القضائي : قراءة فقهية جديدة

Abstract EN

A.

Women represent half of society and they are partners of men in the vast domain of life, each of them has his/her own specialities and distinguishing features according to the potentialities gifted to them and the point of convergence between them is the original principle and reference due to its vast sphere.

B.

Allah has charged men and women (with responsibility) and he has promised the good doer with reward the bad doer with punishment, this is evidence of the Principle of Convergence between them.

C.

The original principle is the convergence of all responsible individuals regarding legislative rulings on the basis of the Principle of Convergence except that which is excluded through proof and textual evidence.

The duty of a judge therefore is a part of those rulings and thus prohibiting a woman from the judiciary requires proof.

D.

Jurists have considered maleness to be one of the conditions for a judge, this means that a woman is not eligible to perform the functions of the judiciary, this is contrary to the Principle of Convergence and thus requires proof.

Some (Jurists) substantiated that with some proofs but that did not stand the ground in the face of criticism.

E.

The proofs that has been put forth to prevent women from the judiciary has been nullified either through a weak chain of narrators or failing to establish what was required on the basis of the text.

F.

Women not fulfilling their role in the judiciary is a loss to society and is considered to be forfeiting a human and legislative benefit which is the criteria for legislative rulings and related aspects.