Does Islam allow women to be judges? Part 2

Salaam alykum,

I’m glad you did not take offense to it. Now, your original opinion was that “all major schools of Islamic thought,” which we now both realize is false, since it is clear that you decided to Google search Imam Abu Hanifa’s position. In one of the documents where you got this new fun fact, you should have also seen that the giant scholars Tabari and Ibn Hazm placed no restrictions, in which they were not alone in stating this stance.

So, we can conclude that this “limited” capacity you speak of, like your previous position that “all major schools” not approving, is not correct.

While the debate over what extent Imam Abu Hanifa would have approved is more debatable, it also doesn’t particularly matter, because we (myself included) are selective in how we apply the historical scholars, and what scope we utilize when we talk about “the majority of scholars.”

For instance, do we still utilize the opinions of the historical scholars on slavery? No, we don’t, because like Imam Shafi’i famously underlined in his time in Egypt after moving from Iraq, rulings are based on makaan (time) and waqt (place). Sheikh Shaarawy mentioned in his published work on Imam Shafi’i, that he [Shafi’i] took into account the characteristics of the people, their customs, and their situations, so that his rulings could apply to their circumstances. Therefore we must realize that we live in a different time and place than they did, which is a major consideration to basic, traditional Islamic Jurisprudence.

So, ultimately, the debate between you and I is a debate akin to debates of US Constitutional Law, between “constructionists” (despite its archaic status as a term) and those who utilize a “purpose-based” approach. However, it is also based upon the scope of our argument.

So let’s go beyond scholars, let’s go to the sources of Islamic Law.

Aisha is a woman, correct? Did she not narrate a tremendous amount of what is the Hadith literature? Did she not rule on matters of Islamic Law herself? Did she not teach countless Muslims about Islam’s teachings and provide rulings?

So, if Aisha is able to exercise this role, and that she is enshrined in the texts that form a central tenant to our legal tradition, where is the legal proof that can be used to say that it is beyond tradition to have female judges when the wife of The Prophet is a central aspect of this tradition herself?

Therefore, let us expand what defines “tradition,” from something being something that is “static” to something that is a methodological process.

I’d suggest, with humility, that rather than advice me whether or not I am “cherry picking,” please read more about the tradition so that I may benefit from your views, because your previous declarations do not line up with fact.

I pray that this reaches you and your families in the best of health and Iman, insha Allah.