التنظيم القانوني لحق المرأة في تولي الوظائف القضائية: دراسة تحليلية مقارنة بين التشريع الفلسطيني وأحكام الفقه الإسلامي

Abstract EN

The present study, entitled (legal regulation of women’s right to hold judicial positions.

a comparative analytical study between Palestinian legislation and provisions of Islamic jurisprudence) aims to enable women to know their right to hold judicial positions guaranteed to them in the constitution, Palestinian legislation and Islamic jurisprudence, and to identify the reasons for their low participation in practical reality, although the Palestinian legislator did not stipulate a specific gender for these positions, in addition to find legal and.

practical solutions for that as an approach, and compared the study took the comparative analysis legal regulation with the provisions of Islamic jurisprudence, in addition to reach to many results, the most important of which was that the Palestinian legislator granted women an equal right to men in holding public positions, despite that, the practical reality is witnessing low participation for women in judicial positions compared to men, and this is due to many reasons, including the society’s view of women, women’s view of themselves and the difference in government departments in their view of women, so the study recommended the Palestinian legislator to provide for the formation of monitoring committees on recruitment processes in order to ensure the appointment of employees in full transparency, be fair to women and give her the right to the job.