Judge And Women's Judgement In Islamic Sharia And The Laws Of Afghanistan

Abstract

Judge and Women's Judgement is one of the utmost important and fundamental subjects that has always been discussed among Islamic jurists, both traditional and contemporary, as well as legal scholars. Although this topic is not a new or recent debate, some jurists do not permit women to hold judicial positions. Their argument is based on the narration of عَنْ أَبِي بَكْرَةَ رضي الله عنه قَالَ : لَمَّا بَلَغَ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنَّ أَهْلَ فَارِسَ قَدْ مَلَّكُوا عَلَيْهِمْ بِنْتَ كِسْرَى قَالَ : ( لَنْ يُفْلِحَ قَوْمٌ وَلَّوْا أَمْرَهُمْ امْرَأَةً ) Abu Bakrah, may Allah be pleased with him,who said: 'When the Messenger of Allah, peace be upon him, learned that the people of Persia had appointed the daughter of Kisra as their leader, he said, 'A people will never succeed if they entrust their affairs to a woman.''