Forum Menu - Click/Swipe to open
 

Pakistan appoints first female judge to sharia court

You have contributed 0.0% of this topic

Thread Tools
Appreciate
Topic Appreciation
To appreciate this topic, click 'Appreciate Topic' on the right.
Rank Image
Offline
Unspecified
1,241
Brother
1,877
#16 [Permalink] Posted on 31st December 2013 10:41




For Academic purpose I thought I ll post the Qualifications of a Qaadi according to the Shaafi'i Madhab. Not Many can Qualify for such a post.


The necessary qualifications for being an Islamic judge (qadi) are:


(a) to be a male freeman;

(b) to have full capacity for moral answerability (taklif def: c8.1);

(c) to be upright (024.4);

(d) to possess knowledge (0: of the rulings of Sacred Law, meaning by way of personal legal reasoning (ijtihad) (A: from primary texts), not
merely by following a particular qualified scholar (taqlid) (A: i.e. ifhe follows qualified scholarship, he must know and agree with how the rulings are derived, not merely report them). Being qualified to perform legal reasoning (ijtihad) requires knowledge of the rules and principles of the Koran, the sunna (A: in this context meaning the hadith, not the sunna as opposed to the obligatory), (N: as well as knowledge of scholarly consensus (ijma·. def: b7», and analogy (def: III below), together with knowing the types of each of these. (A: The knowledge of each "type" below implie, familiarity with subtypes and kinds, but the commentator has deemed the mention of the category as a whole sufficient to give readers a general idea.)

(I) The types of Koranic rules include, for example:

(1) those ('amm) of general applicability to different types of legal rulings;
(2) those (khass) applicable to only one particular ruling or type of ruling;
(3) those (mujmal) which require details and explanation in order to be properly understood;
(4) those (mubayyan) which are plain without added details;
(5) those (mutlaq) applicable without restriction;
(6) those (muqayyad) which have restrictions;
(7) those (nass) which unequivocally decide a particular legal question;
(8) those (zahir) with a probable legal signification, but which may also bear an alternative interpretation;
(9) those (nasikh) which supersede previously revealed Koranic verses;
(10) and those (mansukh) which are superseded by later verses.


(II) The types of sunna (A: i.c. hadith) include:

(1) hadiths (mutawatir) related by whole groups of individuals from whole groups, in multiple contiguous channels of transmission leading
back to the Prophet himself (Allah bless him and give him peace), such that the sheer number of separate channels at each stage of transmission is too many for it to be possible for all to have conspired to fabricate the hadith (A: which is thereby obligatory to believe in, and denial of which is unbelief (kufr»;
(2) hadiths (ahad) related by fewer than the above-mentioned group at one or more stages of the transmission, though traced through contiguous successive narrators back to the Prophet (Allah bless him and give him peace). (n: If a hadith is transmitted through just one individual at any point in the history of its transmission, the hadith is termed singular (gharib). If it is transmitted through just two people at any stage of its transmission, it is termed rare ('aziz). If its channels of transmission come through only three people at any point of its history, it is termed well known (mashhur). These designations do not directly influence the authenticity rating of the hadith, since a singular hadith, for example, might be rigorously authenticated (sahih), well authenticated (hasan) (N: hadiths of both types being obligatory for a Muslim to believe in, though someone who denies them is merely considered corrupt (fasiq), not an unbeliever (kaflr)), or not well authenticated (da'if), depending on thereliability ratings of the narrators and other factors weighed and judged by hadith specialists);
(3) and other kinds; (n: Yusuf Ardabili mentions the following in his list of qualifications for performing legal reasoning (ijtihad) : )
(4) hadiths (mursa!) from one of those (tabi'i) who had personally met (N: not only met, but actually studied under) one or more of the prophetic Companions (Sahaba) but not the Prophet himself (Allah bless him and give him peace) (n: hadiths reported in the form, "The
Prophet said [or did] such and such," without mentioning the Companion who related it directly from the Prophet);
(5) hadiths (musnad) related through a contiguous series of transmitters back to the Prophet (Allah bless him and give him peace);
(6) hadiths (muttasil) related through a contiguous series of transmitters (n: either from the Prophet (Allah bless him and give him peace),
such a hadith being termed ascribed (marfu'), or else only from one of the Companions, such a hadith being termed arrested (mawquf»;
(7) hadiths (munqata') related through a chain of transmitters of whom one is unknown (n: though if two or more are unknown, it is not considered merely incontiguous (munqata'), but rather problematic (mu'dal);
(8) the positive and negative personal factors Uarh wa ta'dil) determining the reliability ratings of the individual narrators of a hadith's channel of transmission;
(9) the positions held by the most learned of the Companions (Sahaba) on legal questions, and those of the scholars who came after them;
(10) and on which of these positions there is scholarly consensus (def: b7), and which are differed upon (Kitab aI-an war Ii a 'mal al-abrar fi fiqh aI-Imam al-Shafi'i (yll), 2.391). (n: The English glosses and remarks on the meanings of the above hadith terminology are from notes taken by the translator at a lesson with hadith specialist Sheikh Shu'ayb Arna'ut.)


(III) Types of analogical reasoning (qiyas) include:


( 1) making an a fortiori analogy between acts p and q, where if p takes a ruling, q is even likelier to take the same ruling. For example, if saying "eff!" to one's parents is unlawful (n: as at Koran 17:23), one may analogically infer that beating them must also be unlawful;
(2) making an analogy between acts p and q, where if p takes a ruling, one may infer that q is equally likely to take the same ruling. For example, if it is unlawful to wrongfully consume an orphan's property, then it must also be unlawful to destroy his property by burning it up;
(3) and making an analogy between acts p and q, where if p takes a ruling, one may infer that it is likely, though less certain, that q takes the
same ruling (A: because of a common feature in the two acts which functions as the basis ('ilIa) for theanalogy). For example, if usurious gain (rib a) is unlawful in selling wheat (dis: k3.1), then it is also unlawful in selling apples, the basis for the analogy being that both are food.
The meaning of knowledge of the above matters is (A: for a judge) to know part of what is connected with the Koran, sunna (A: i.e. hadith), and analogy, not complete knowledge of the Book of Allah, t.otal familiarity with the rules.of the sunna, or comprehensive mastery of the rules of analogieal reasoning. but rather that which is pertinent to giving judgements in court (A: though an absolute expert in Islamic legal reasoning (mujtahid mutlaq) such as Abu Hanifa, Malik, Shafi'i, or Ahmad, is obliged to know what relates to every subject matter in Sacred Law). He must know the reliability ratings of hadith narrators in strength and weakness. When two primary texts seem to contend, he gives precedence to:
(I) those of particular applicability (khass) over those of general applicability ("amm);
(2) those that take restrictions (muqayyad) over those that do not (mutlaq);
(3) those which unequivocally settle a particular question (nass) over those of merely probabilistic legal significance (zahir);
(4) those which are litetal (muhkam) over those which are figurative (mutashabih);
(5) and those which supersede previous rulings, those with a contiguous channel of transmission, and those with a well-authenticated channel
of transmission, over their respective opposites.


He must also have knowledge of the Arabic language. its lexicon. grammar word morphology and rhetoric.
He must likewise know the positions of the scholars of Sacred Law regarding their consensus and differences, and not contradict their consensus (A: which is unlawful (dis: b7 .2)) with his own reasoning. If no one possesses the above-mentioned qualifications, and a strong ruler appoints an unfit Muslim to the bench such as someone who is immoral, or who (A: is incapable.of independent legal reasoning (ijtihad) and) merely follows other qualified scholars (taqlid), or a child, or a woman, then the appointee's decisions are implemented because of necessity, so as not to vitiate people's concerns and interests (A: and this is what exists in our day, when the conditions for an Islamic judge are seldom met with));


(e) sound hearing;

(f) sound eyesight;

(g) and the faculty of speech.


(0: The author did not mention the necessary condition of being a Muslim, evidently feeling that uprightness ( (c) above) was sufficient to imply it.)

 

-Umdat As Salik

report post quote code quick quote reply
+2 -0Like x 1
back to top
Rank Image
Offline
Unspecified
1,011
Brother
828
#17 [Permalink] Posted on 31st December 2013 11:43
shaykh nuh's umdat us salik is a masterpiece. Yes, I have heard the same thing as muadh khan that in the hanafi madhab it is allowed but off-course in this case it is not permissible.
report post quote code quick quote reply
No post ratings
back to top
Rank Image
Servant.Of.Allah's avatar
Offline
Unspecified
622
Brother
523
Servant.Of.Allah's avatar
#18 [Permalink] Posted on 1st January 2014 04:17
Muadh_Khan wrote:
View original post

My friend(pakka anti Salafi) who has good knowledge on Hanafi Fiqh was discussing about women leading Salah.
He said an example of a village where people doesnt know the pray except a lady, now the lady can become Imam and cant do knowledge transition to the people. She will move soon once someone learns the Imamat.

I think it might be similar to the ruling on appointing female judge(I think he said this with reference to our mother Aisha RA); nowadays I think it might not be required as there are people to take the position of judge and also in pakistan there are many good male SlavesofAllah. When I googled I got a photo, La hawla wala quwatta illa billah -May Allah give the sister Hidayah and also to us.
report post quote code quick quote reply
+0 -0Ameen x 2
back to top
Rank Image
Muadh_Khan's avatar
Offline
UK
11,063
Brother
9,492
Muadh_Khan's avatar
#19 [Permalink] Posted on 1st January 2014 13:58

Servant.Of.Allah wrote:
View original post

Alhumdolillah, I am not very knowledgable but I have heard that it is NOT permissable for a woman to lead men in Fardh Salah under any circumstances in any Madhab. If a situation arises where no man is able to lead then there will be no congregation but the men will pray separately.

A woman Mufti or woman Muhaditha is perfectly fine in all Madhabs as a woman can be just as knowledgable or even better then men and as long as rules of Shariah (Hijab etc) are adhered to there is no problem with a woman teaching men IF THERE IS A NECESSITY which cannot be met by men.

A woman Qadhi (judge) is permissable in Hanafi Madhab because she is a Judge not a Ruler (Hakim), her Fatwa or Qadha is enforced by the Hakim and she neither arbitrates nor forces her ruling, thats the job of the Islamic state.

So a woman Mufti or woman Qadhi is fine. On SF Sister UmHasan answers questions sometimes and her answers (as a Scholar) are just as binding for men or women.

Allah (SWT) knows best.

 

report post quote code quick quote reply
+1 -0
back to top
Rank Image
abu mohammed's avatar
London
22,606
Brother
9,016
abu mohammed's avatar
#20 [Permalink] Posted on 1st January 2014 14:23
I thought women can lead only other women in Salah but there will be no iqamah and that the lady Imam must not stand in front, she stands in the same row (first saf).

I also thought that this is not liked either.

Allahu alum.

Of course this topic is about women judges, which is fine in Hanafi Madhabs. It was only posted for information (news), which led to female imams. We all accept that women can not lead men in Salah in any madhab.
report post quote code quick quote reply
No post ratings
back to top
Rank Image
Jinn's avatar
Unspecified
2,890
Brother
239
Jinn's avatar
#21 [Permalink] Posted on 1st January 2014 15:07
I think it's only in the Shafi madhab where the women can do a congregation- however I don't have many details so Walahu-Alam

Perhaps some of the Shafi brothers could tell us more...
report post quote code quick quote reply
No post ratings
back to top
Rank Image
Muadh_Khan's avatar
Offline
UK
11,063
Brother
9,492
Muadh_Khan's avatar
#22 [Permalink] Posted on 1st January 2014 15:08
Jinn wrote:
View original post


In Shaf'ae Madhab a woman can lead men in Fardh Salah, really?
report post quote code quick quote reply
No post ratings
back to top
Rank Image
Jinn's avatar
Unspecified
2,890
Brother
239
Jinn's avatar
#23 [Permalink] Posted on 1st January 2014 15:11
Muadh_Khan wrote:
View original post


Sorry not men but they can do their own congregation within themselves.


Walahu'Alam
report post quote code quick quote reply
No post ratings
back to top
Rank Image
Muadh_Khan's avatar
Offline
UK
11,063
Brother
9,492
Muadh_Khan's avatar
#24 [Permalink] Posted on 1st January 2014 15:13
Jinn wrote:
View original post


That is a different story.
report post quote code quick quote reply
No post ratings
back to top
Rank Image
Taalibah's avatar
Unspecified
7,126
Sister
785
Taalibah's avatar
#25 [Permalink] Posted on 1st January 2014 15:18
Reminder for all members to leave shariah rulings to those who deal with them, and keep this thread a place for general contributions and discussions جزاك الله خيرا

Please only post relevant issues to the current topic, otherwise please start a new topic. Jazakumullah

report post quote code quick quote reply
No post ratings
back to top