Women and jurisdiction

Employment is among the individual rights, which is included in the constitution of many countries. Article 28 of the constitution of the Islamic Republic of Iran, too, is devoted this issue. Jurisdiction is one the particular positions over which jurisprudents disagree whether women can occupy or not. When studying the sources of disagreement, one comes to legal and social barriers. However, since now the condition of Ijtihad for jurisdiction is not necessary, it seems that there is no serious barrier for women to occupy a jurisdiction position. This paper briefly studies subjects such as the historical background of jurisdiction by women, jurisdiction in jurisprudence (Fiqh), the views of the proponents and opponents, and jurisdiction by women in case law.