Judgment and Legal Procedure by Women in Islam

Once a religious and Islamic government is formed, one important issue is whether women are allowed or forbidden from taking the position of judges and passing verdicts in courts. This is a very critical topic because according to principles of international law it is construed as a type of discrimination against women, and according to feminists it is a clear deprivation of women from their social and civil rights. Thus it forms the base of criticism and complaint about Islamic law.It is quite clear that according to both Sunni and Shia jurists of Islam women are forbidden from sitting in the judge position; and this is based on rulings of the Holy Quran and traditions as well as rational reasons. On the other hand, there is a ruling in favor of women serving as judges – in absolute or detailed form- which is of course found among some Sunni jurists. The author is of the opinion that though the forbidding reasons may be challenged and undermined to some extent, giving women an absolute right to judge is a very bold action in general. At the same time taking into account all the efforts and innovations in favor of allowing women to sit in the judge position – after gaining the required qualifications and characteristics of a judge of course- for issues specific to women and in cases when they have a right to offer testimony, it is made clear that the grounds are not set for such a ruling, and that the forbidding reasons are in fact quite robust.