I know from Islamqa that a woman cannot be a judge in an islamic court, they put an exception on majority of Hanafis based on:
This is the view of the Maalikis, Shaafa’is and Hanbalis, and of some of the Hanafis.
And something similar by Islamweb as well:
The majority of scholars may Allaah have mercy upon them consider the position of a judge like the position of leadership, and are of the view that it is a condition that such a position be held by a man as stated by Ibn Hajar, may Allaah have mercy on him. On the other hand the Hanafi school of jurisprudence are of the view that it is permissible for this position to be held by a woman but not in matters which entail applying punishment.
- It seems to me based on these answers that Hanafis might have the majority position of permitting female judges, Can you mention some major Hanafi scholars supporting women as judge? their evidence?
- Can you tell me the notable scholars (if they exist), from other schools of thought who permit? and some of their evidences?
- What is Ibn Taymiyyah's position on this issue?
My motivation for asking this question is because I have heard Ayesha RA would be consulted for Legal rulings and her understanding of Quran and fatwas is something that would often be taken seriously by sahaba (some similar description here). In light of her description, it feels hard for me to accept that its unanimously derived that a woman judge is Haram due to reasons of not being protectors over men, less intelligent etc and also due to the absence of an explicit prohibition.