Woman and shariah court: A study of Malaysia and Indonesia
This paper examines the status of woman as a shari‘ah court judge according to the classical Muslim jurists. It begins with the historical background of the status of woman before and after the advent of Islam. In the Holy Qur’an there is a chapter on women which shows that the women have a specia...
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| Format: | Article |
| Language: | English |
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MUK Publications
2015
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| Online Access: | http://irep.iium.edu.my/62677/ http://irep.iium.edu.my/62677/ http://irep.iium.edu.my/62677/1/IJCCSvol.1no.2%282015%29..1.pdf |
| Summary: | This paper examines the status of woman as a shari‘ah court judge according to the classical Muslim
jurists. It begins with the historical background of the status of woman before and after the advent of
Islam. In the Holy Qur’an there is a chapter on women which shows that the women have a special place
in Shari‘ah. However, in the case of a woman judge, there are differing juristic views, but their views are
open to interpretation. The paper makes such attempt to justify the notion that a woman can be
appointed as a judge of the shari‘ah court. The paper also looks into the contemporary situation in
Malaysia and Indonesia, where Islam is the religion of the majority of the population, and it is recognized
as the religion of these states. The function of the government that looks after the interests of the
community in the absence of the original legal rulings in the Divine revelations is also discussed. The
paper discusses the importance of Shari‘ah Court as an institution to dispense justice regardless of who
the judge is. Most of the time, the culture and norms of a certain community are the impediments to the
success of each country and not simply of one’s belief. |
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