1. Can a woman becomea judge or Qadi in the Islamic state?
Judiciary is one of the most respected institutions in an Islamic state. The authority of a
judge is so much powerful that even a king is to be summoned when a case is filed
against him and he should to appear before the court as a party to the suit. This
importance and respect is due to his sacred duty and dispensation of justice to
everyone. This duty bound him to be honest, efficient, and dutiful and man of integrity.
Along with these qualities certain other factors required for the appointment of judge.
One of them is the masculinity of a judge.
The person who is holding a judicial position must have some qualification due to
which he performs his duty in the best possible way. And one of the qualifications for a
judge is the masculinity. The Majority of the Muslim Scholars/Jurists hold that only a
male person is competent for the appointment as a judge. As for as a woman is
concerned, she is not competent to function as a judge.1 The Tradition of Holy Prophet
(Sallalahu Alayhi Wasallam) disapproved the leadership of a woman, “If your leaders
are from amongst your righteous one, your rich people are from amongst your
generous ones and your matters are settled by your mutual consultation, then the back
of the earth is better for you than its belly. But if your leaders are from amongst your
miserly ones and your affairs are in the hands of your women, then the belly of the
earth is better for you than its back.”2 The following Tradition of Holy Prophet
(Sallalahu Alayhi Wasallam) also disapproves the leadership of a woman, “The nation
which has entrusted its affairs to a woman will never meet success.”3 The verse of the
Holy Quran has also been provided as an argument for support of the above view:
“Men are the protectors and maintainers of women, because Allah has given them more
(strength) than the others, and because they support them for their means.”4
According to the jurists, the woman is not competent to be a Qadi or a judge for
the reason that woman is not Kamil ul-Ahkam, means that a woman is not subject to all
the rules of Islamic law. In another sense she is not fully competent for the purpose of
the application of the provision of Islamic law upon her. There are so many rules of the
Quran and Sunnah to which she is not fully subject. Due to her weak nature, female has
either been exempted or has been given concessions concerning in some. Second reason
1 Abu al-Hassan al-Mawardi,al-Ahkamal-Sultaniyah,10:503.Muhammad Ibn Rushd, Biyatal-Mujtahid,2:455.
2 Al-Tirmizi Ibn Surah,Muhammad bin Essa,al-Jama’I al-Sahih,4:459.
3 Ahmed bin al-Hajar al-Asqalani,al-Talkhisal-Habir,4:184.
4 Al-Quran,Surah Al-Nisa,34.

2. is, she is not Kamil ul-Khilaq which means that a woman is not perfect in regard to her
creation. A female is bodily weaker than man in so many respects.5 Such facts have been
deduced from the following verse of Quran: “And call two witnesses from amongst
your men. And if two men not be at hand then a man and two women of those you
choose, in order that if one of the women be in error the other may be able to remind
her.”6 Some of the jurists hold that sitting and working of a woman in the gathering of
men is forbidden in Islam. A woman should not function as a judge is that the language
and body figures of woman may serve as an enticement for the men folk, which may
create problem of immoral association between the opposite sexes in society.7 The main
objective of Islam to avoid evils in the society. The reliance is on the Hadith of the
Prophet (SAW), “It is not permitted for woman believing in Allah and the Hereafter to
travel for more than three days except with a Mahram8 or a husband. To achieve this
end the women have been forbidden from unnecessarily going out of homes and to
work as a judge in the society. This is a general rule which includes all types of journey.
Ibn Abbass (R.A) reported: The Prophet (SAW) said in an address, “A woman shall not
travel without a relative in prohibited degree.” A man said, “O, Messenger of Allah
(SAW) I have enrolled myself for that battle while my woman intended (the
performance of) Hajj. The Messenger of Allah (SAW) said: perform Hajj with your
woman.” It must be noted that when Islam does not permit woman to travel without
Mahram even if it be for the performance of Hajj an obligation or even one of the pillar
of Islam, then how is it possible to appoint woman as a judge in a men folk.
The jurists of the Hanafi school of thought allow women to hold judicial
positions. They are of the view that a woman may validly be appointed as a judge for
the decision of the cases in which punishment of Hudud9 and Qisas10 are not involved.
Therefore a woman is not competent in the matter of Hudud and Qisas. Her
competency is linking them with the evidence of a woman in the cases of Hudud and
Qisas. In these cases woman testimony alone or along with men is not admissible.
Except Hudud and Qisas, a female is competent to be appointed as a judge in the matter
in whose her testimony is permissible.
5 Abd Abdullah Ibn Qudamah,al-Mughni,10:236.
6 Al-Quran,Surah al-Baqarah,282.
7 Ibrahimibn Farhun,Tabsiratal Ahkam,2:25.
8 Mahram is a relativein a prohibited degree likebrother, father, son etc to whom her marria geis prohibited,
9 Fixed legal punishments prescribed by Allah( Subhanahu wa ta’ala) in the Holy Quran for the offences of
Harabha(robbery),Zina(adultery),Sariqah(theft),Shurb al-khamr( drinkingof wine) and qazaf(falseaccusation of
adultery).
10 Retaliation for murder or bodily injuries in themanner prescribed by Allah ( Subhanahu wa ta’ala) in the Holy
Quran.

3. The western countries criticize the role of man dominancy in the society. They
stated that A woman is said to possess imperfect legal capacity in the right to be a Qadi
or a judge, a half share to man in the case of inheritance and the right to testify in cases
being tried under Hudud and Qisas. Further stated that,” a woman is half a man.” Now
come to our topic of the appointment of woman as a Qadi or judge. The criticism that a
woman has been excluded from the right to testify is totally incorrect. Because evidence
is a duty not a right. Women have been spared the burden of this duty and it leads to
the protection of rights. Woman is ineligible in the cases of Hudud and Qisas for
purpose to waive the penalty of Hadd, which is usually an extreme punishment and to
show mercy to the accused in an indirect way.
Conclusion:
The role of the woman in the society in the present age is undeniable. There are many
fields in which women are more successful as compare to men. There are many cases in
which women are parties. In theses like cases women can prove to be a better judge.
The primary duty of the head of state is the implementation of Hudud which
requires the qualification of witness. A woman is therefore considered ineligible for the
job. But in Pakistan, woman judges are deciding cases under Hudud laws. The view of
the Hanafi jurists is, a woman can be appointed as a judge in the cases in whom her
testimony is acceptable provided the mixing of the men and women is strictly avoided.