Normative Islamic Perspective (Fiqh) And Polemics of Ulama About Women Judges

1Achmad Kholiq

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Abstract:

This study aims to reveal and discuss the validity of women judge based on normative Islamic perspective that called fiqh. This study also aims to analyse the polemics in several ulama’s (Muslim scholars) perspective about women judge but still based on fiqh as the rules of Islamic law. Methodology used in this study is qualitative methods with content analysis and Focus Group Discussion (FGD). FGD is conducted at Faculty of Sharia and Law in Institut Agama Islam Negeri Syekh Nurjati Cirebon with several lecturer and Islamic law expert. The finding of this study is from at least three famous ulama or Muslim scholar found that the polemic that arose among fiqh scholars regarding the status of women judges was not only influenced by differences in the use of the problem-solving method and the perspective of the texts, but it was also largely influenced by socio-cultural factors and the conditions of the local ulama. Seeing these factors gives reason to give freedom for women to become a judge. This study can be useful for Islamic law study, gender study, and also socio-cultural study that relating to the position of a woman in the legal field as a judge. Originality of this study is reveal the validity of women jugde based on Islamic perspective which is among scholars is still a polemic or differences of opinion. This study can certainly provide clarity to the public regarding the status of female judges in an Islamic perspective.

Keywords:

fiqh, Islamic law, Islamic perspective, ulama, women judges

Paper Details
Month3
Year2020
Volume24
IssueIssue 7
Pages381-388