تولية المرأة القضاء: دراسة فقهية

Abstract EN

: In jurisprudence, there are some issues in which men and women have the same Hukm-rule, and some others in which they differ.

This study aims to find to which part the issue of assigning women in judiciary belongs the novelty of the study is in the verification of some opinions that have confused previous researchers in attributing them to their originators.

Furthermore, the study refers to books in disciplines other than Fiqh, such as the Quran interpretations, Hadith commentaries, and History.

The study found that the texts from which the jurists have inferred the prohibition of assigning women in judiciary includes no evidence to this, and that the prohibition was proved by relying on the principle of "Blocking the Means to Prohibitions".

The study recommends that Arab research centers specialized in humanities should pay attention to studies concerning differences between the behavior of men and women, the difference between their thinking styles, and the disciplines and practices to each of them are inclined.