Exploring the practice of appointing women as Qaḍi: insight from Malaysian perspective

Mahmad Robbi, Ahmad Akram and Mohd Sabri, Nur Amirah Haziqah and Kamaruddin, Nur Syarafana and Mohd Yunus, Saidatolakma and Nik Saleh, Nik Salida Suhaila (2025) Exploring the practice of appointing women as Qaḍi: insight from Malaysian perspective. In: Contemporary issues in Islamic law and social practices: gender roles, legal perspectives and family dynamics. Contemporary Fiqh Research Unit (CFRU), IIUM & Islamic Book Trust, Malaysia, pp. 87-113.

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Abstract

The selection and appointment of women to judgeships have been a highly debated topic among Muslim scholars. This debate stems from varying interpretations of the concept of Qiwamah al-rijal, which asserts male dominance in certain areas. This divergence of opinions has significant implications, particularly in Malaysia, where practical implementation has allowed for the appointment of women as judges. Numerous fatwas have been issued on this matter, contributing to a lack of consensus among Malaysian muftis regarding the role of female judges. As a result, this article aims to explore classical and Malaysian perspectives by analysing arguments from both viewpoints. This study employs a qualitative research method, relying on specific references such as books, law journals, online databases, and newspapers to cover the breadth of the discussion. To ensure relevance, the authors conducted interviews with experts in the field, obtaining insights from legal practitioners. Through these interviews, the authors sought to understand the perspectives of those involved in shaping the legal landscape. The findings reveal that while Malaysia has embraced the practice of appointing female judges, it has sparked concerns related to legal technicalities. Issues include questioning the capability and competency of female judges in handling specific legal cases, as raised by certain stakeholders.

Item Type:	Book Chapter
Subjects:	BPK Islamic law. Shari'ah. Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fundamental and Inter-Disciplinary Studies (Effective: 5th Feb 2014)
Depositing User:	DR AHMAD AKRAM MAHMAD ROBBI
Date Deposited:	25 Jun 2025 10:02
Last Modified:	25 Jun 2025 10:02
URI:	http://irep.iium.edu.my/id/eprint/121700

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