Egyptian judge says women judges un-Islamic
(AFP)

3 March 2007


CAIRO - Egyptian women must not sit as judges because it would be against Islamic law or Sharia as they would have to spend time alone with men, a male Egyptian judge was quoted as saying on Saturday.

A woman judge would ‘contradict Article Two of the constitution’ which states that the principal source of legislation is Sharia, judges’ syndicate president Yahia Ragheb Daqruri was quoted as saying.

The judges’ syndicate position ‘is based on the consensus of doctors of law and the principles of Sharia,’ the Al Masri Al Yom daily quoted Daqruri as saying.

‘When a woman works as a judge, her work requires her to be alone in a room with two or more male judges to deliberate... Is this appropriate?

‘Citizens and others present (in court) will be surprised by the presence of a woman judge. A woman judge will also become pregnant at some point, and that will certainly have an impact on the judiciary’s prestige and on judges’ public image,’ he said, without elaborating.

‘Giving birth can also have an impact on the cases she is dealing with being dealt with correctly,’ he said, again without elaborating.

Egypt was the first Arab country to give women the franchise in 1956. Increasing conservatism in society over the past several decades has slowed their progress in the public sphere, however.

On January 27, the Akhbar Al Yom daily carried a fatwa or edict by chief mufti Shaikh Ali Gomaa saying that Islam forbids women from becoming heads of state because it would require them to lead prayer -- something only a man can do.

But he later said that Islam does not bar women from becoming heads of state, insisting that he had been referring to ‘the traditional role of Caliph as both secular head of state and imam of the Muslims,’ that was abolished with the fall of the Ottoman empire in 1924.

http://www.khaleejtimes.com/DisplayArticleNew.asp?xfile...ection=theworld&col=

Monday 16/2/1428 - 5/3/2007

Ruling on appointing women to positions of high public office

Question:
Is it legal islamicly to acknowledge females as our leader?

Answer:

Praise be to Allaah.

Positions of leadership and high public office means taking on the mission of establishing Islam by reviving religious knowledge and establishing its foundations, engaging in jihaad for the sake of Allaah – which includes preparing armies and distributing war booty – establishing the judicial system, carrying out judicial punishments (hudood), fighting oppression, enjoining what is good and forbidding what is evil, acting as a deputy of the Prophet SAWS (peace and blessings of Allaah be upon him).

There is no dispute among the scholars that one of the conditions of the imaam or leader is that he should be male. Ibn Hazam reported in his book Maraatib al-Ijmaa’ that there was scholarly consensus on this point. In the section he says: “Out of all groups of the people of the Qiblah [i.e., all Muslim sects], there is not one that allows the leadership of women.” Al-Qurtubi reported something similar, and al-‘Allaamah al-Shanqeeti said, “There is no difference of opinion among the scholars on this point.”

The evidence for this is the general meaning of the aayah (interpretation of the meaning): “Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other…” [al-Nisa’ 4:34]. It is also clearly indicated by the hadeeth of Abu Bakrah who said that when the Prophet SAW?S (peace and blessings of Allaah be upon him) heard that the Persians had appointed the daughter of Chosroes as their queen, he said, “No people who appoint a woman as their leader will ever prosper.” (Reported by al-Bukhaari, 13/53).

This is because positions of leadership and government require a person to join men’s gatherings, which is not allowed for women according to sharee’ah because of the aayah (interpretation of the meaning): “And stay in your houses, and do not display yourselves like that of the times of ignorance…” [al-Ahzaab 33:33]. These positions also require perfect wisdom, reason and alertness, and the testimony of a man has been made equal to that of two women, the reason for which Allaah has explained in the aayah (interpretation of the meaning): “… so that if one of them (two women) errs, the other can remind her…” [al-Baqarah 2:282].

Imaam al-Muwaffaq Ibn Qudaamah said:

“For this reason the Prophet SAWS (peace and blessings of Allaah be upon him) and his successors (khulafa’) and those who came after them never appointed a woman to be a judge or a governor of a province, as far as we know. If it were permissible, it should have happened.”

Imaam al-Ghazaali said:

“The position of leader (imaam) could never be given to a woman even if she possessed all the qualities of perfection and self-reliance. How could a woman take the position of leader when she did not have the right to be a judge or a witness under most of the historical governments?”

Imaam al-Baghawi said:

“The scholars agreed that women are not fit to be leaders or judges, because the leader needs to go out to organize jihaad and take care of the Muslims’ affairs, and the judge needs to go out to judge between people, but women are ‘awrah and it is not right for them to go out. Because of their weakness, women are not able to do many things. Women are imperfect, and the positions of leaders and judge are among the most perfect of positions for which only the most perfect of men are qualified.”

Undoubtedly this is proven by reality. People know from experience that only men are fit for leadership, because women by nature are more emotional and more easily swayed by their feelings and compassion. These qualities have been created in women to enable them to carry out their most important duty, which is that of motherhood and nurturing children. Men, on the other hand, are not usually swayed by their emotions as women are. Their way is usually one of logic and deliberation, which form the essence of responsibility and leadership.

With regard to the question of whether a woman may be appointed as a judge, the majority of Maaliki, Shaafa’i and Hanbali scholars say that a woman cannot be appointed as a judge, because of the general meaning of the hadeeth of Abu Bakrah quoted above.

Al-Haafiz ibn Hajar said:

“Ibn al-Teen said: Those who say that a woman cannot be appointed as a judge use the hadeeth of Abu Bakrah as evidence, and this is the view of the majority.”

With regard to other administrative positions, there is no shar’i reason why women should not be appointed to run institutions where they will work with other women and not men, because in this case there are no shar’i reservations about their work.

There is no validity in what most modern writers say about how women have to go out and take part in parliaments and public councils, and that these are part of the rights granted to women by Islam. These writers have not examined the issue from the correct Islamic viewpoint. The truth is clear, but unfortunately they look at it with minds filled with the heretic trends of East and West. Therefore you see them weakened and defeated, dazzled by the false civilizations of those nations, then they come and misinterpret the texts and change the words from their right places until they agree with their whims. We ask Allaah to keep us safe and sound.

http://islamqa.com/index.php?ref=3285&ln=eng&txt=judge%20women

When will the U.S. get a woman leader?

quote:

Originally posted by Terry Ishmael:
When will the U.S. get a woman leader?

Hillary looking good. lol

Man them fellas nuts. If anyone is qualified to judge a man, the most qualified is a woman. They are smarter, and them made all the men. So who best to judge but the maker.LOL

quote:

Originally posted by laker:
Man them fellas nuts. If anyone is qualified to judge a man, the most qualified is a woman. They are smarter, and them made all the men. So who best to judge but the maker.LOL

them bannas think woman is just a sex object lol.

quote:

Originally posted by Aragorn:


them bannas think woman is just a sex object lol.

Bro you wrong again.
They also have to cook and clean(wink)

quote:

Originally posted by Chief:

Bro you wrong again.
They also have to cook and clean(wink)

I dont think Reds know how to cook and clean .. lol

quote:

Originally posted by Aragorn:

I dont think Reds know how to cook and clean .. lol

Wrong again


You might be plesantly surprised as to what she can do.lol

quote:

Originally posted by Chief:

Wrong again


You might be plesantly surprised as to what she can do.lol

I am moving to the ME and get myself some wives ..lol. It's legal ... Sharia law. lol.

quote:

Sharia law

Argie, if you do that then..it is more like Share-Ya law. LOL

quote:

Originally posted by laker:

quote:

Sharia law

Argie, if you do that then..it is more like Share-Ya law. LOL

It is the only legal way I can wake up with more than one cat.

Me hope you know that in the cat family, there are different classifications: *****cat, lioness, tigress, civet, jaguar etc. Some of them scratch can be lethal. Just think about it. By the way, our egyptian judge forget that in the Qur'an, Bilqis was a queen...and the queen is higher than the judge...hmmmmmmmm..one wonders about this guys and their medieval misogyny...