3.6.1. Dr. Yusuf Al-Qaradawi
Al-Tabari also has same view as Al-Qardawi which allows the appointment of a female judge in general while Ibnu Hazmin does accept it too. Thus, this shows that there is no legal evidence in Syariah which could show the prohibition of holding a position as a judge among women. It obviously that there will be an objection on this issue by Ibnu Hazmin if there is a clear evidence showing the objection and prohibition by Islamic Law.12
3.6.2. Dr. Muhammad Said Ramadhan Al-Buti, Dr. Abdul Karim Zaidan, Al Qadi Samir ‘Aliah, Syeikh Abdul Halim Abu Thiqah, Dr. Abdul Rahman Ibrahim Abdul Aziz Al-Hamidh.
The above Muslim Scholars have same views as Dr. Yusuf Al-Qaradawi in accepting the appointment of a woman as a judge.
3.6.3. Ustaz Zafir al-Qasimi
This contemporary Muslim Scholar highlighted the acceptance of taking the opinion of Muslim Scholars who had been `Imam’ (leader) to `ahli tafsir al-Quran’ as well as teachers to Muslim historians.”
4.0. OTHER ARGUMENTS WHICH SUPPORT THE APPOINTMENT OF JUDGES
4.1. The purpose of jurisdiction is to make correct and fair judgments between two conflict parties on any issue and ensure justice for the person who has right on it. Thus, the question here is `would a decision made by a female judge with fair and justice void due to her gender’ ? To answer this question, it has to see the purpose of jurisdiction which is to ensure and provide truth and justice. Discussing this issue, in fact this female judge had made decision with justice and it is known that any decision which is made with truth and justice will enter to paradise as what as said by Rosulullah (p.b.u.h).
4.2. Regarding ‘Hadith’ of Rasulullah S.A.W which mentioned on a woman who has less ability in thought does not related to her intelligence, ability in thinking and giving her positive in view in making a good decision. In fact, the ability of a woman relates to `al-Dalal’ which means tendency to forget things easily due to a lot of daily duties and house chores.
Apparently, `al-Dalal’ does not effect on a woman’s ability in being a good witness in the issues of property and family laws. In addition, this weakness could be overcome with the increase of the number of witness for women ie. two women are needed instead of one man in being witness. (2:1).
Siasah Syar`iyyah View.
The appointment of women judges should be made because:
1-Current needs and the community already recognizes a career women .
2-Law needs changed with the change of time and place.
3-Governments policy for the people based on maslahah.
4-Equality in education / work and ability between men and women.
5-Willingness women bear the task / the existence of qualified candidates
In conclusion jurisdiction does go through the process of changes in line with the time. Judges do not obtain the authority as what owned by those judges in the glorious time of Islam who dealt with wide tasks and scopes. Judges in these days are given limited power which only could be exercised in particular courts. Hence, the main requirement for this position in these days is to have the ability in being fair and justice, sincere, trustworthy and well verse in Syariah Law. All of these criteria could be owned by men as well as women.
In contrary, there is an opinion which objects the appointment of a woman as a judge. However, perhaps we could consider and apply the opinions of some of other scholars which are relevant to our current situation. For instance, perhaps we could take the view of the scholars of Al-Hanafi into our consideration. This moderate opinion could help us in solving the problems in the issue of the appointment female Syariah judges.
Discussing this issue, there are some groups of people who have doubt and no confidence in the ability of women in handling Syariah cases. The reason for this feeling is the perception which they have towards women as emotional persons in dealing with any issue. To rebut with this opinion, I would like to emphasize on the principle in jurisdiction where a judge has to make a judgment based on the acts and provisions provided in the constitutions. Interpretation will be made then by him or her based on the provisions provided for seeking truth and justice.
Moreover, the appointment of women as judges could help us in handling the issues of short of judges in Syariah Courts which could give a very big impact on society and country. There are a lot of cases nowadays which could not be handled and settled in short time due to short of judges at Syariah Courts. Thus, it is hoped that the appointment of women judges could help Syariah Courts in handling the cases without any delay.
Above all, I could say that the administration of Islamic Law in Syariah Court is only dealing with the issues of property and family laws. The judges do not handle court cases which involve the issues of `Hudud’ and `Qisas’ due to no provision in any acts and laws provided in states’ laws.
Therefore, in this challenging world align with the changes of time, it should be taken into consideration for having women as judges for those who are dedicated , well verse in Syariah Law, experience in being panelists of judges or have being judges handling the cases and helping male judges with the cases of property and family laws. However, I personally think that female judges should not be dealing with cases which involve the issues of `Hudud’ and `Qisas’. In other word, today’s women who are qualified should be given an opportunity in working with the system of Islamic jurisdiction and this view should be analyzed and taken into consideration. Hopefully, this issue should be reviewed for the good sake of all people.
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