The Adjudication of Women Judges

Renowned Muslim jurisprudents consider gender a condition for being a judge.They do not deem women’s judgment valid. In substantiating their view they have relied on scriptures from the Holy Quran, traditions, principles, concensus, deduction and legal proofs.However differences of opinions between Shiite and Sunni jurisprudents on this issue exist,which has effected the reasoning against the adjudication of women and consider their judgment valid under certain circumstances.According to the act ratified in 1361 only men are qualified for the conditions of being selected as judge.Based upon reputable views of Shiite jurisprudents judges are selected from men having certain qualifications.In the current judicial system the essence of judgment has been altered, therefore being a jurisprudent is no longer a condition for the appointment of men as judges.As a consequence gender is not a condition for being a judge.Taking this point into consideration no longer is gender a restriction for being a judge.Nowadays, in Islamic countries such as Jordan, Pakistan and Afghanistan women have occupied judges seats and the decrees issued by them are valid.While approving the reasoning of the wise, Imam Khomeini has stressed upon putting divine science and dynamic jurisprudence into practice.Taking into consideration the changes and requirements of the modern world, it is necessary that jurists and lawmakers review laws related to women especially the ones forbidding woman’s adjudication.