1

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.

  1. 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?
  2. Can you tell me the notable scholars (if they exist), from other schools of thought who permit? and some of their evidences?
  3. 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.

3
  • 1
    Note that the Hanafi view is not much different than the majority view, as they say if the ruler appointed a woman for this position he'd be committing a sin, as this is not permissible do to the known hadith. That's why al-Mawardy for example concluded that on this point there's a consensus of scholars. However the verdicts of this female judge must be followed and here only is the difference between those hanafi scholars and the majority view who rejects its validity. – Medi1Saif Feb 28 at 19:26
  • @Medi1Saif I added some more info if that helps – aadil095 Mar 20 at 23:37
  • 1
    Fatwa is not the same as a juridical verdict. A mufti must not ensure that his verdict is executed, he does not have the authority. While a judge has been given this authority. Else maybe we would all by now follow the Maliki school of fiqh as we know that the caliph wanted to enforce al-Muwatta' as a standard fiqh reference. Further the qur'an informs us that there's information with the mothers of believers which only them have, as Allah ordered them to spread it. – Medi1Saif Mar 21 at 9:52

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.