Women in Judicial Leadership: A Study of the Views of Classical and Modern UlÉmÉ from Qur’Énic Legal Perspective
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Date
2012-12
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Published in Proceedings of the International Seminar of Al-Quran in Contemporary Society (SQ2012), Organized by Faculty of Contemporary Islamic Studies, University Sultan Zainul Abidin (UniSZA), Terengganu, Malaysia
Abstract
The Holy Qur’Én is not only a religious book for any particular nation, but it is a final guideline for the 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 of 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 classics 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 perceptions of women in judicial leadership as a judge from the IslÉmic legal perspective, focusing on two views of both classical and Contemporary Muslim scholars. First, opinion favouring women’s participation in the judicial system. Secondly, prescriptive opinions regarding judicial system. This paper also contributes Shar’ah based guidelines on how women successfully participate in the leading judicial system as a judge in a modern context. Finally, this paper also illuminates the confusion exists in the Muslim world.
Description
December 2012.
Keywords
Perception, legal Perspective, and judicial leadership