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