Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

The Appointment of Women to Judicial Positions

Machine translationRead the Arabic original
Question:
I read in the magazine al-Muslimun an article by Muhammad al-Ghazali in which he says there is no objection to a woman taking charge of the judiciary. He reported that 'Umar appointed al-Shifa', a woman from his people, to a position, and said, "I want, while I am presenting Islam in other lands, not to change the conduct in this land." Some of our jurists hold that there is no harm in it. If they differ...

Answer:
This is a weak issue, and the majority of scholars hold that it is not permissible for a woman to be appointed to the judiciary. Rather, she may be appointed to something suitable for her, such as managing a school, teaching, medicine, or the like. As for the judiciary, only men may hold it. This is the position of the majority of scholars. The Prophet (peace and blessings be upon him) said:
he said, “People who make a woman theirقال لن يفلح قوم ولوا أمرهم
Mishkat al-Masabih 3693
. This is a great hadith narrated by al-Bukhari and others. As for the report attributed to 'Umar, we do not know its authenticity; we do not know of any basis for it. Yes.
Source أسئلة وأجوبة 39 - ابن باز — archive.org (2:05:19)

The Arabic text is a machine transcription of the audio recording.

Flag this fatwa