The Juristic Status of the Appiontment of Female Judges in the Light of Ialamic Law: An Anayltical Study

صىغہ عدل وقضا مىں خواتىن كى بطور قاضى تقررى : اسلامى قانون كى روشنى مىں تجزىاتى مطالعہ

Abstract

In modern times, women are in association with men in individual, social, academic, religious and political fields. However, naturally women are comparatively weak and suffer from natural biological issues. Islam is a religion of nature and gives rights and responsibilities to men and women according to their status, capabilities, and trends. These rights and duties are related to every field of life, namely, each sector has duties and responsibilities of both men and women. Sharī’a law does not only emancipate any gender from performing collective activities but it also allows them to remain in harmony with the general reform of Islamic society, and in this case there is nothing wrong with women and men in the context of Islamic law. That's why men and women perform their responsibilities based on skills and abilities in all fields of life. However, some gender norms should be considered. However, the one point of view is that the person's legal attorney has the most important duty and legitimacy in the Islamic law. Therefore, it is not possible to get any of the positions that you cannot find in specific circumstances.  Muslim scholars has difference of up on up on this most important juristic issue.  In this study efforts are made to elaborate these views and try to solve this issue with reference to modern context.  The analytical and critical approaches have been adopted in this study.  It’s assumed from the study, that modern Muslim jurists have variety of response on this issue some are agreed some disagreed and some agreed with some conditions.   Therefore, it’s recommended that government may depute female judges for female cases specially and also make separate courts to facilitate the women.  However, where the narrative rules, the element of the difference are found in which a woman is a judge or not, usually in the context of the trend, is a woman who can perform a duty as a judge.