Women as shari’ah court judges: Malaysia and Indonesia

Woman and shari'ah court has been discussed in many literature works for a long time. There are juristic views on the eligibility of a woman to hold the post of a judgeship in Islamic judiciary in which the majority of the Muslim jurists who opined that they are not qualified enough to hold the...

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Main Author: Wan Muhammad, Ramizah
Format: Proceeding Paper
Language:English
Published: 2018
Subjects:
Online Access:http://irep.iium.edu.my/63756/
http://irep.iium.edu.my/63756/12/63756_Women%20as%20Shari%E2%80%99ah%20Court%20Judges_complete.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 Woman and shari'ah court has been discussed in many literature works for a long time. There are juristic views on the eligibility of a woman to hold the post of a judgeship in Islamic judiciary in which the majority of the Muslim jurists who opined that they are not qualified enough to hold the post and others say that they qualified but subject to certain and limited jurisdictions. As a result of the juristic views there are also fatwas about the permissibility and non-permissibility of a woman to hold a post of shari'ah court judge including in Malaysia. Despite the non-unanimous decision on this issue there are some states in Malaysia such as Selangor and Federal Territories which have appointed a woman to be a judge. Comparing this issue with Indonesia including Aceh, one could see that Indonesia is in the forefront in acknowledging woman in the Islamic judiciary. The paper is an attempt to see how this issue being dealt with among these two countries by looking into the related laws governing the qualifications of a judge and the challenges that a woman judge faces in the two countries
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spelling iium-637562018-05-21T08:30:34Z http://irep.iium.edu.my/63756/ Women as shari’ah court judges: Malaysia and Indonesia Wan Muhammad, Ramizah KBP1 Islamic law.Shariah.Fiqh KPG Malaysia Woman and shari'ah court has been discussed in many literature works for a long time. There are juristic views on the eligibility of a woman to hold the post of a judgeship in Islamic judiciary in which the majority of the Muslim jurists who opined that they are not qualified enough to hold the post and others say that they qualified but subject to certain and limited jurisdictions. As a result of the juristic views there are also fatwas about the permissibility and non-permissibility of a woman to hold a post of shari'ah court judge including in Malaysia. Despite the non-unanimous decision on this issue there are some states in Malaysia such as Selangor and Federal Territories which have appointed a woman to be a judge. Comparing this issue with Indonesia including Aceh, one could see that Indonesia is in the forefront in acknowledging woman in the Islamic judiciary. The paper is an attempt to see how this issue being dealt with among these two countries by looking into the related laws governing the qualifications of a judge and the challenges that a woman judge faces in the two countries 2018-05 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/63756/12/63756_Women%20as%20Shari%E2%80%99ah%20Court%20Judges_complete.pdf Wan Muhammad, Ramizah (2018) Women as shari’ah court judges: Malaysia and Indonesia. In: 15th Asian law Institute Conference 2018, 10-11th May 2018, Seoul National University School of Law. (Unpublished)
spellingShingle KBP1 Islamic law.Shariah.Fiqh
KPG Malaysia
Wan Muhammad, Ramizah
Women as shari’ah court judges: Malaysia and Indonesia
title Women as shari’ah court judges: Malaysia and Indonesia
title_full Women as shari’ah court judges: Malaysia and Indonesia
title_fullStr Women as shari’ah court judges: Malaysia and Indonesia
title_full_unstemmed Women as shari’ah court judges: Malaysia and Indonesia
title_short Women as shari’ah court judges: Malaysia and Indonesia
title_sort women as shari’ah court judges: malaysia and indonesia
topic KBP1 Islamic law.Shariah.Fiqh
KPG Malaysia
url http://irep.iium.edu.my/63756/
http://irep.iium.edu.my/63756/12/63756_Women%20as%20Shari%E2%80%99ah%20Court%20Judges_complete.pdf