Woman and shariah court: A study of Malaysia and Indonesia

This paper examines the status of woman as a shari‘ah court judge according to the classical Muslim jurists. It begins with the historical background of the status of woman before and after the advent of Islam. In the Holy Qur’an there is a chapter on women which shows that the women have a specia...

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Main Author: Wan Muhammad, Ramizah
Format: Article
Language:English
Published: MUK Publications 2015
Subjects:
Online Access:http://irep.iium.edu.my/62677/
http://irep.iium.edu.my/62677/1/IJCCSvol.1no.2%282015%29..1.pdf
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author Wan Muhammad, Ramizah
author_facet Wan Muhammad, Ramizah
author_sort Wan Muhammad, Ramizah
building IIUM Repository
collection Online Access
description This paper examines the status of woman as a shari‘ah court judge according to the classical Muslim jurists. It begins with the historical background of the status of woman before and after the advent of Islam. In the Holy Qur’an there is a chapter on women which shows that the women have a special place in Shari‘ah. However, in the case of a woman judge, there are differing juristic views, but their views are open to interpretation. The paper makes such attempt to justify the notion that a woman can be appointed as a judge of the shari‘ah court. The paper also looks into the contemporary situation in Malaysia and Indonesia, where Islam is the religion of the majority of the population, and it is recognized as the religion of these states. The function of the government that looks after the interests of the community in the absence of the original legal rulings in the Divine revelations is also discussed. The paper discusses the importance of Shari‘ah Court as an institution to dispense justice regardless of who the judge is. Most of the time, the culture and norms of a certain community are the impediments to the success of each country and not simply of one’s belief.
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spelling iium-626772018-04-09T02:09:13Z http://irep.iium.edu.my/62677/ Woman and shariah court: A study of Malaysia and Indonesia Wan Muhammad, Ramizah KPG Malaysia KZ Law of Nations This paper examines the status of woman as a shari‘ah court judge according to the classical Muslim jurists. It begins with the historical background of the status of woman before and after the advent of Islam. In the Holy Qur’an there is a chapter on women which shows that the women have a special place in Shari‘ah. However, in the case of a woman judge, there are differing juristic views, but their views are open to interpretation. The paper makes such attempt to justify the notion that a woman can be appointed as a judge of the shari‘ah court. The paper also looks into the contemporary situation in Malaysia and Indonesia, where Islam is the religion of the majority of the population, and it is recognized as the religion of these states. The function of the government that looks after the interests of the community in the absence of the original legal rulings in the Divine revelations is also discussed. The paper discusses the importance of Shari‘ah Court as an institution to dispense justice regardless of who the judge is. Most of the time, the culture and norms of a certain community are the impediments to the success of each country and not simply of one’s belief. MUK Publications 2015-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/62677/1/IJCCSvol.1no.2%282015%29..1.pdf Wan Muhammad, Ramizah (2015) Woman and shariah court: A study of Malaysia and Indonesia. International Journal of Cross-Cultural Studies, 1 (2). pp. 41-51. ISSN 0975-1173 http://www.mukpublications.com/resources/IJCCSvol.1no.2(2015)..1.pdf
spellingShingle KPG Malaysia
KZ Law of Nations
Wan Muhammad, Ramizah
Woman and shariah court: A study of Malaysia and Indonesia
title Woman and shariah court: A study of Malaysia and Indonesia
title_full Woman and shariah court: A study of Malaysia and Indonesia
title_fullStr Woman and shariah court: A study of Malaysia and Indonesia
title_full_unstemmed Woman and shariah court: A study of Malaysia and Indonesia
title_short Woman and shariah court: A study of Malaysia and Indonesia
title_sort woman and shariah court: a study of malaysia and indonesia
topic KPG Malaysia
KZ Law of Nations
url http://irep.iium.edu.my/62677/
http://irep.iium.edu.my/62677/
http://irep.iium.edu.my/62677/1/IJCCSvol.1no.2%282015%29..1.pdf