Is it permissible for a woman to hold the position of judge?
Machine translationRead the Arabic original
The questioner : Is it permissible for a woman to hold the position of judge, to be a judge?
The Shaykh : It is not permissible; she may not be a judge, nor a mufti.
The questioner : Well, why? Is not judging merely informing about a Shari'ah ruling, rather than ruling? It is informing about Allah's ruling...
The Shaykh : Judging is more than issuing fatwas. Not everyone who issues a fatwa is a judge, and likewise, not every judge is a mufti. The two may coincide. The judge is like a ruler, commanded to implement the fatwa. Therefore, sometimes judging is separated from issuing fatwas, and issuing fatwas is separated from judging. But sometimes judging and issuing fatwas coincide; that is, the one who issues the fatwa implements it. If that is the case, he is both a judge and a mufti. As for the mufti, any scholar who is asked a question issues a fatwa. But if that question leads to the implementation of a ruling and a dispute arises because of it... the mufti has no authority to implement it; rather, that returns to the judge.
Please proceed.
The Shaykh : It is not permissible; she may not be a judge, nor a mufti.
The questioner : Well, why? Is not judging merely informing about a Shari'ah ruling, rather than ruling? It is informing about Allah's ruling...
The Shaykh : Judging is more than issuing fatwas. Not everyone who issues a fatwa is a judge, and likewise, not every judge is a mufti. The two may coincide. The judge is like a ruler, commanded to implement the fatwa. Therefore, sometimes judging is separated from issuing fatwas, and issuing fatwas is separated from judging. But sometimes judging and issuing fatwas coincide; that is, the one who issues the fatwa implements it. If that is the case, he is both a judge and a mufti. As for the mufti, any scholar who is asked a question issues a fatwa. But if that question leads to the implementation of a ruling and a dispute arises because of it... the mufti has no authority to implement it; rather, that returns to the judge.
Please proceed.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
