UAE to Have Women Judges

[Blessed]

Okay, what's the Suadi Sheikh on about? I've never come across an Islamic ruling preventing women from holding such posts, anyone?

 

UAE to Have Women Judges Soon

Arab News

 

DUBAI, 7 January 2008 — Women in the United Arab Emirates will soon be allowed to become judges, breaking a male monopoly over the profession in the country, the justice minister was quoted as saying yesterday.

 

Women are currently being trained at the Judicial Institute to become judges and prosecutors across the UAE once the law is amended, the English-language daily Gulf News reported, quoting minister Mohammad ibn Nakhira Al-Dhaheri.

 

“At present the law states that only a Muslim man is entitled to assume the position of a judge,” he said. He did not say when the law will be changed.

 

The proposed law, which should cover the judiciary in the seven-member federation, would make the UAE the second Gulf country after Bahrain to allow women to become judges.

 

Women hold nine seats in the 40-member Federal National Council, with eight appointed by the UAE president to join the half-elected advisory body.

 

Commenting on the move, Sheikh Abdulmuhsin Al-Ubaikan, a member of the Saudi Scholars Commission, said: “Women are prevented from being judges. There has not been one case throughout Islamic history from the days of the Prophet Muhammad (peace be upon him) until today where a woman was permitted to become a judge.”

 

He added that men (judges) nowadays are facing difficult times as judges and that a number of them had requested to be relieved of their current positions because of the problems they face as judges. “Women should be relieved of such a burden out of mercy,” he added.

 

On the other side, Wajeha Al-Huwaider, a Saudi woman activist, said the news from the UAE “is very promising.”

 

She said the UAE government had been at the forefront of other Gulf states in many of its decisions. For example, she praised the law recently passed in the UAE preventing the arrest or detention of journalists.

 

Al-Huwaider added that all fields of work should be open to women as “it is their right.” Besides, there are court cases that deal with women’s issues which men have little knowledge of.

 

She pointed out that women always played a vital role in Islamic society.

 

In Saudi Arabia on the other hand “when a woman has no guardian to represent her, she is prevented from revealing her identity (showing her face) to the judge.”

Source

[-Serenity-]

Its really sad to see the Muslim world still practicing discrimination along gender lines in this day and age.

[Ameen]

Why would you consider to be discrimination when the Scholar in the article mentioned a very good point. He said at no point in history, whether now or the days of the Messenger of Allah (saw) have women been allowed to take upon such a duty. We can all agree that the people before us were better than us in every aspect of life. The Muslim countries should have societies that resemble the society of the Messenger of Allah (saw) and the society of his companions. We shouldnt be different then them in any aspect.

 

I'm not saying woman should be prevented such roles but all I know is...the Messenger of Allah knew best and if his community did not allow then we should at least look into the reasons before we label the same practise as "discrimination" in our period of time.

[Blessed]

^Were there any judges besides the Prophet (saw)?

 

Didn't he ask or 'burden' a woman to give her opinion on matters of jihad?

 

Didn't the early khalifs and many sahabas seek counsel on law matters, from learned women?

 

 

Here's what the great men of Al Azhar have said on the matter.

 

 

An often contentious three-hour debate on the right of women to be judges marked Saturday's meeting of the Islamic Research Council (IRC).

Grand Sheikh of Al-Azhar Mohamed Sayed Tantawi, who headed the meeting, had previously ruled that there was nothing in the Quran or Sunna that bans women from becoming judges

. However, Tantawi has not given a decisive opinion regarding the issue. Instead, he has limited himself to sending to the Administrative Court the opinions of the various schools of Islamic jurisprudence, thus leaving the Administrative Court to make its own decisions. The Hanafi school of jurisprudence approves women judges in civil, personal status and financial courts but disapproves of them in criminal courts.

 

Most schools of Islamic jurisprudence are totally against women judges. Only Al-Tabari and Ibn Hazm allow women to wear judicial robes.

 

MP Mohamed El-Omda has filed a lawsuit against the minister of justice for appointing 30 female judges. El-Omda is requesting that the government annul the appointment on the grounds it contradicts Islamic Sharia.

 

Religion has never been far behind the controversy over women judges in Egypt. Supporters say Sharia allows women to sit on the bench, while other interpretations of religious texts argue against female judges. The Administrative Court has asked the opinion of the IRC in order to put an end to the controversy once and for all.

 

"Women cannot succeed as judges because the burdens of the task are enormous; working on cases at home and attending hearings that might be anywhere in the country," stated El-Omda.

 

One of the new women judges, Doaa Emadeddin, submitted her resignation when the Ministry of Justice asked her to work in Kafr Al-Sheikh even though she is a Cairo resident.

 

El-Omda criticised supporters of the appointment of women judges as advocates of Western values. "If women want equality, why aren't they applying to go to the army, or looking for work as bus drivers or mailmen?"

 

According to a report conducted by Human Rights Watch (HRW) the present governmental practice denies Egyptian women the right to become criminal judges. Their exclusion, say observers, is not due to legal, religious or constitutional reasons, but because of stereotypical and biased views about women. By excluding women from the criminal courts, Egypt is not only violating internationally protected equality provisions but is palpably violating its obligation to guarantee equal opportunities to all men and women under its own constitution.

 

"It is a fight between those who are convinced that women do not have the right and are not qualified to be judges and the few who are enlightened, convinced that women can be judges. But they are powerless," Abdel-Moeti Bayoumi, a member of the IRC, said.

 

Another IRC member, Abdel-Fattah El-Sheikh, argued that women should not be criminal prosecutors or judges. "The nature of criminal prosecution, which paves the way to criminal court work, is exhausting and does not suit women because they have to investigate crimes such as murder and rape," El-Sheikh said. "No one can imagine women playing this role. When the culture of the people changes, maybe they'll accept it."

 

El-Sheikh said women are emotional and very sentimental by nature, thus hindering them from taking competent decisions. "Women who get tired, anxious, get angry easily, or are sometimes not in the right psychological or biological state of mind, should not hear serious cases like criminal proceedings," added El-Sheikh.

 

Egypt's Grand Mufti Sheikh Ali Gomaa has said the appointment of women to judicial positions does not contradict Islamic precepts. "The job of a judge is merely to know the law well and to implement it fairly. The inclusion of women is a right owed to society as a whole."

 

 

In addition, women often teach law and run legal faculties even in the conservative Al-Azhar University. "Women practise becoming legal attorneys, consultants and professors," Abdel-Moeti said, adding that their absence from top posts in public courts "is a matter relevant to the evolution of society".

 

 

[-Lily-]

Originally posted by Ameen:

We shouldnt be different then them in any aspect.

Don't be ridicules. Of course we are going to be different and have different challenges as a result of our time.

 

I don't see what the problem is if it's civil courts? And why do we automatically assume that something that hasn't been done in the time of the Prophet (SAW)is straightaway bad?

[Ameen]

Originally posted by *Blessed:

Were there any judges besides the Prophet (saw)?

There was only judge during the time of the Messenger of Allah and his name was Muhammad (saw). Although during the battle of AzHab, Sa'd Ibn Mu'aadh was given the permission to rule between the Muslims and the Jews as the Messenger of Allah stood to the side. But that only occured because the Jews requested Sa'd be the one to give the ruling on their fate.

 

Didn't he ask or 'burden' a woman to give her opinion on matters of jihad? [/QB]

Sure. Perhaps the reason is due to the fact that Jihad was not all about a man going to fight for a cause but it also had a huge impact on the family life of that particular fighter. Therefore the Messenger (saw) requested advice which is different from allowing the women to give the ruling on such a matter.

 

Didn't the early khalifs and many sahabas seek counsel on law matters, from learned women?[/QB]

Without a doubt and we should def seeking advice and couseling from the knowledgable women of our time because that was the practise of the people before us. However there is a difference between seeking advice/counseling and allowing Women to stand as judges who will give rulings and Allah knows best.

 

For the record, I hope Im not coming off like I support the oppression of Muslim women or something...which I dont. Maybe your right but during the period in which I started to study Islamic history, I have yet to come across a woman who judged the affairs of the believers. Aisha (RA) taught the companions much of the knowledge she aquired from living with the Messenger of Allah (saw) but she wasn't a judge amongst the companions.

 

If there is such a woman from history please share her name and knowledge with me until may Allah have mercy on you.

[umu zakaria]

Shal we nominate u Blessed? we surely need alot of blessings.

 

Ps. Something has been bagging me abt u Zenobia, ever since u made a certain comment somewhere in Sol!. Dont freak out am not stalking or anything.

[Ibtisam]

^^Something has been bugging me about her as well. I....I.. Oh never mind, we should not tell bad things. Do share yours if it was a good observation. If it is a bad one PM me

[umu zakaria]

No Hashaa Lilaah it is not bad Ghanima. Something really good, but let me confirm it first.

[Ibtisam]

OH ^^^I know what is then.

[umu zakaria]

What was urs? Bad one

[Jacaylbaro]

I think Zenobia is prepared for one of those posts ,,,, lol

 

 

I would ask Ghanima too but too bad ,, she doesn't speak Arabic

[Ameen]

Originally posted by -Lily-:

Don't be ridicules

I'll try not to be...

[Blessed]

^Rest assured, Ameen. I don't see you as sexist.

 

Allah commands us to settle our differences by asking the people of knowledge. [Quraan: 21:30] We go to a sharia court to do just that, in the absense of a sharia courte we go to the scholars, pray and tell markaa, how it's perfectly okay to seek a womans opinion on matters pretainning to the Sharia outside the courte and not not inside it? Why is it okay, for a woman to hold judiciary positions at the lower level but make heeso about it at the higher level?

 

Secondly, at the time of the Messenger (saw) there weren't other judges, as you agreed, so the Sheikhs arguemnt was flawed from the onset. Furthermore, the early Muslims went to Sheikhs / Sheikhas to settle thier disputes they have courts as we do today. So Aisha, Umm Salamah, Safia, Hafsa, Umm Habiba and many others gave judiciary advice.

 

In light of this, the scholars Ibn Hazm and At-Tabari stated that women can judge over any case. Abu Hanifa, said that it should be limited to cases dealing with family law. Other’s say, that were there is an ability to give witness (all but one case - where you require 2 female witnesses), they is an ability to judge.

 

Some would argue, that it’s the modern system that is inappropriate to women, the Aisha and co gave their rulings fro the comfort of their homes. This argument, is not valid, we all know that Aisha was ver public when she felt that there was need. Also, Umaar (ra) appointed Shifa as the manager of Madinah Market which was a very public position that required a woman to be out of her home, interact with public (including men), make decisions and genrally manange. This was how the early Muslim trusted the intelllect of women, trusteed their piety and when we considers Umaars very strong ‘ghee rah‘, it is amazing.

 

There are numerous instances also, where despite the Prophet (saw) clear cut stance with regards with the role of women in jihaad, the female sahaabas were very much involved in the Muslim battles as nurses, doctors and fighters.

 

So, I’m left to ask, why are modern scholars, especially the Saudis, so quick to limit the role of women in society and in doing so why do they resort to stupefying us when half the hadiths they throw at us, have a woman at the head of the chain?

 

 

UmmZakaria ,

 

It’s okay sister, if what I'm thinking, it's a no. At this moment in time. Otherwise, PM me.

 

Ghanima , LOL. Aren’t you a sweetie, you would have sent her a eulogy about me, eh?

 

Jacaylka, LOL. I wouldn’t be very good, I’m afraid.