Woman as shariah court judges with reference to judicial creativitity: a comparative study of Malaysia & Indonesia
Woman and shari’ah court have 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 p...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
David Publishing Company
2018
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/66587/ http://irep.iium.edu.my/66587/ http://irep.iium.edu.my/66587/ http://irep.iium.edu.my/66587/1/article%20woman%20judge%20USchina%20review%202018.pdf |
| Summary: | Woman and shari’ah court have 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 said that they are 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 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 is dealt with between 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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