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Sunday, June 27, 2010

Ask M2M: Muslimah Judge???

This weeks Ask M2M is from Shereece.

Q: I was recently told by a friend of mine that Islamically women can't be judges in a court of law. If this is true what is the reasoning behind it? And what are the rulings regarding the Law Enforcement field? Is it permissible (Islamically) for Muslimahs to be attorneys, judges, police officers etc?

A: Shukran for the question Shereece. The most important part of you question is asking from the Islamic ruling on it. This would mean that your question would be based upon Sharia (Islamic law). Sharia is not a legal system like any other present day system. You would not have seen a judge, plaintiff, jury, etc. during the time of the Prophet(saw). Whether they were male/female. Most Islamic countries do not have Sharia in place and practice other forms of legal systems where religion and state are separate.

Some say that it is forbidden based on the following hadith.

It was narrated that Abu Bakrah (may Allaah be pleased with him) said: When the Messenger of Allaah (saw) heard that the people of Persia had appointed the daughter of Chosroes as their ruler, he said: “No people will ever prosper who appoint a woman in charge of their affairs.” Bukhaari (4425).

Because of this some say that women are not not allowed to be judges/hold positions of power. However, Muslimahs have held many positions of power and influence throughout history to date. To name a few Muslim women who have held or are currently in positions of power.

Sheikha Luban Al-Qasimi, minister of the economy in the United Arab Emirates*

In March 2007, the Supreme Judicial Council of Egypt, the country's highest court, chose 31 women to be judges, 30 of whom now work at courts around Egypt.*

Ifat Nawaz, lawyer/president of Muslim association of Lawyers(UK)**

&

Councillor Salma Yaqoob, Birmingham City Council(UK)**

* Forbes Muslim Women in Charge
**Muslim Women Power List 2009

-As always, we are not scholars and Allah knows best.


Insha' Allah if you have a question send it to mail@muslimah2muslimah.com with the subject Ask M2M



Asalaamu alaikum
Nadira & Najwa


4 comments:

  1. MashAllah,
    Some things are simple yet we complicate it by our own desires. The Muslimahs best place is in the home, however, some work for various reasons. Being in our home is a safety net for us. So when you have to go out into the workforce amongs others we need to choose wisely our profession and discussions comes from what is best for our imam while working, such as where can we pray while at work, do I have to take any of my clothes off to do this task, do they allow time off for my hoilddays, do I have to work close with the man. We must always consider our deen in all our affairs!
    A Sister concerned!

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  2. Who wants to sit at home all day? We as Muslimah's should be in the work force so that we can influence change in the world instead of just sitting at home doing nothing.

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  3. Muslim women have been given many protections. It is mandatory for the husband to provide for his wife, this protects the wife from so much fitnah in the world. Working as a judge, attorney, etc. puts a Muslim woman in a very compromising position, it is NOT worth it.

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  4. I beleive that a woman should not be a judge, police officer, in the army, and jobs that are very dangrous. ( sorry cant spell well). My reason for this is to protect the women. If a woman wants to be in the work force then it will be best if she was a CPS worker social worker, docs, nurses, things like that. Women can make a change and have a big impact on people wihtout being a bad spot.Truthfully we need more women scholars like aiesiha (may Allah be pleased with her) more women need to be more knowledgable in Islam and let others know the truth. And we also need more business women like Kadejah (may Allah be pleased with her) these are the things that we need more women to be like. Muslimahs should be like the wives of the prophet (peace be upon him)For they are the best of women and as Muslims we should be the best of women and not act like the unbelievers.

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