Next Article in Journal
The Intertwined Relationship between Power and Patriarchy: Examples from Resource Extractive Industries
Previous Article in Journal
Text–Image Relationships in Tweets: Shaping the Meanings of an Epidemic
Previous Article in Special Issue
Is Sadeem Legally Married to Waleed? Islamic Feminism and the Intersection of Culture, Religion, and Gender in Banāt al-Riyāḍ
Article Menu

Export Article

Open AccessArticle

Women Quazi in a Minority Context: An Overview of Sri Lankan Experience

1
Department of Educational Foundations and Humanities, Faculty of Education, University of Malaya, Kuala Lumpur 50603, Malaysia
2
Department of Educational Management, Planning and Policy, Faculty of Education, University of Malaya, Kuala Lumpur 50603, Malaysia
*
Author to whom correspondence should be addressed.
Societies 2019, 9(1), 13; https://doi.org/10.3390/soc9010013
Received: 15 November 2018 / Revised: 19 January 2019 / Accepted: 28 January 2019 / Published: 31 January 2019
(This article belongs to the Special Issue Women in Islam)
  |  
PDF [875 KB, uploaded 31 January 2019]
  |     |  

Abstract

A woman’s eligibility to be appointed as a judge in Shariah courts in Muslim societies has been a debated issue for decades. Although some Muslim majority countries, including Arab countries, have allowed women judges (Qudath) in Shariah courts, the Muslim Religious Leadership in Sri Lanka, namely All Ceylon Jamiyathul Ulama (ACJU) is opposed to such appointment to administrate Muslim matrimonial law on the basis of classical Muslim scholars’ discussion on the qualification of a judge (Qadi in Arabic), particularly referring to their debate on gender; however, women activists in Sri Lanka argue for women Quazi on the basis of women’s privacy and fair hearing. This article, therefore, explores the Islamic standpoint regarding women Quazi in Sri Lanka. Hence, this research studies the classical scholars’ discussions on the qualification of a judge (Qadi) critically and uses textual and document analysis to bring out the dynamic interpretations of the verses of the Quran and Hadiths that they used for their arguments. The contextual analysis was carried out to understand the various applications of these verses of the Quran and Hadiths in history, particularly in connection with the present situation for women in Sri Lanka. This research found no explicit verses of the Quran and Hadiths to allow or deny women Quazi. The positive and negative approach to women judges (Qudath) has been founded throughout history on the basis of Islamic scholars’ understanding of a few verses of the Quran and Hadith that are related to women leadership. This study recommends women Quazi for Sri Lankan Quazi courts by highlighting differences of context and insignificance of classical Muslim scholars’ debate on gender as a qualification of a judge (Qadi). View Full-Text
Keywords: women Quazi; Sri Lanka quazi court; Muslim personal law; Muslim minority issues; Sri Lankan context of Islam women Quazi; Sri Lanka quazi court; Muslim personal law; Muslim minority issues; Sri Lankan context of Islam
Figures

Figure 1

This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited (CC BY 4.0).
SciFeed

Share & Cite This Article

MDPI and ACS Style

Ismath Ramzy, M.; Ghavifekr, S. Women Quazi in a Minority Context: An Overview of Sri Lankan Experience. Societies 2019, 9, 13.

Show more citation formats Show less citations formats

Note that from the first issue of 2016, MDPI journals use article numbers instead of page numbers. See further details here.

Related Articles

Article Metrics

Article Access Statistics

1

Comments

[Return to top]
Societies EISSN 2075-4698 Published by MDPI AG, Basel, Switzerland RSS E-Mail Table of Contents Alert
Back to Top