Possibility of Enforcing Judicial Guardianship on Women's Part in the Islamic Legal System

Authors

1 Assistant Professor, Department of Islamic Logic and Philosophy, AI-Zahra University

2 PhD student in Islamic Logic and Philosophy, AI-Zahra University

Abstract

Issues of women's rights and duties are among important subjects in jurisprudential and legal discussions. As Judgment, is among dignities of imamate and prophethood, so scientifically reviewing women's positions in connection to legal competency can be helpful in resolving jurisprudential
and legal challenges.
 
This article, dealing with possibility of enforcing judicial guardianship on women's part, has considered the availability of such guardianship for women possible through, first criticizing opponents' arguments regarding the condition of judge masculinity; second, by explicating major differences in legal-judicial systems and legal-jurisprudential systems; and finally by considering unconditionality of jurisprudence and leadership. As a result, we can conclude women judgment in current state judicial systems possible.
Moreover regarding social needs of the modem society in lawsuits involving women, necessitate women judgment in such affairs.

Keywords

Women's Studies Sociological and Psychological
Volume 8, Issue 3
December 2010
Pages 179-191

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