Woman as shariah court judges with reference to judicial creativitity: a comparative study of Malaysia & Indonesia

Wan Muhammad, Ramizah and Rozlan, Ahmad Muslim (2018) Woman as shariah court judges with reference to judicial creativitity: a comparative study of Malaysia & Indonesia. US-China Law Review, 15 (1). pp. 18-28. ISSN 1548-6605 E-ISSN 1930-2061

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Abstract

Woman and shari’ah court have been discussed in many literature works for a long time. There are juristic views on the eligibility of a woman to hold the post of a judgeship in Islamic judiciary in which the majority of the Muslim jurists who opined that they are not qualified enough to hold the post and others said that they are qualified but subject to certain and limited jurisdictions. As a result of the juristic views, there are also fatwas about the permissibility and non-permissibility of a woman to hold a post of shari’ah court judge including Malaysia. Despite the non-unanimous decision on this issue, there are some states in Malaysia, such as Selangor and Federal Territories which have appointed a woman to be a judge. Comparing this issue with Indonesia including Aceh, one could see that Indonesia is in the forefront in acknowledging woman in the Islamic judiciary. The paper is an attempt to see how this issue is dealt with between these two countries by looking into the related laws governing the qualifications of a judge and the challenges that a woman judge faces in the two countries.

Item Type:	Article (Journal)
Additional Information:	1717/66587
Uncontrolled Keywords:	shari’ah court, women, law, Malaysia, Indonesia
Subjects:	K Law > KPG Malaysia K Law > KZ Law of Nations
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Dr. Ramizah Wan Muhammad
Date Deposited:	12 Oct 2018 11:45
Last Modified:	12 Oct 2018 11:45
URI:	http://irep.iium.edu.my/id/eprint/66587

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