The Appointment of Women to Judicial Positions

Question:
I read in the Muslimun magazine an article by Muhammad al-Ghazali in which he says there is no objection to a woman taking up the role of judge. He reported from 'Umar that he appointed al-Shifa, a woman from his people, to a position. He said, "I want to, and I am presenting Islam in other lands, so why should I not change the behavior in this country?" He also holds that some of our jurists see no harm in it, if they differ.

Answer:
This is a weak report, and the majority of scholars hold that it is not permissible for a woman to be appointed to the judiciary; rather, she should be appointed to something suitable for her, such as managing a school, teaching, medicine, or the like. As for the judiciary, only men are to be appointed to it. This is the position of the majority of scholars. The Prophet (peace and blessings be upon him) said: This is a great hadith, and al-Bukhari and others narrated it. As for the report attributed to 'Umar, we do not know its authenticity; we do not know of any basis for it. Yes.