Women in Judicial Leadership: A Study on the Views of Classical and Modern Ulama from Quranic Legal Perspective
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Date
2012
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Volume Title
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International Seminar on Al-Quran in Contemporary Society SQ
Abstract
The Holy Quran is not only a religious book for any particular nation but it is a final guideline for whole mankind. It deals with all the subjects which concern human beings; wisdom, doctrine, worship, transactions, law, etc. At the same time, it provides guidelines and detailed teachings for a just society, proper human conduct, and an equitable system in every single part of human life. The perception on women in judicial leadership as a judge is a subject of much debate. In Islam, the patriarchal nature of its religion texts poses a number hurdles for some Muslim scholars. Among some classical as well as modern Muslim scholars, a predominantly negative conception of women is found, who believe in the universal equal rights of man and women, but mostly held traditional views on women judgeship. This paper aims to examine perception on women in judicial leadership as a judge from Islamic legal perspective, focusing on two views of both classical and Contemporary Muslim scholars. First, opinion favouring women’s participation in judicial system. Secondly, proscriptive opinions regarding judicial system. This paper also contributes Shariah based guidelines on how women successfully participate in leading judicial system as a judge in modern context. Finally, this paper also illuminates the confusion exists in the Muslim world
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Keywords
Perception, legal Perspective, and judicial leadership