FatwaPenangGovernance & Administration
PERLANTIKAN HAKIM SYARIE WANITA (2)
May a woman be appointed as a Syariah judge?
Short answer
The Penang State Fatwa Committee, at its meeting on 17 July 2012, upheld its 25 June 2010 decision that women may not be appointed as Syariah judges.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Penang State Mufti Department
- Date
- Status
- Fatwa committee decision
- Series
- Keputusan Fatwa Negeri Pulau Pinang (e-Fatwa)
- Topic
- Governance & Administration
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
The Penang State Fatwa Committee, at its meeting on 17 July 2012, upheld its 25 June 2010 decision that women may not be appointed as Syariah judges. The reasons given are that the appointment is not urgent, that being male is a condition for a judge according to the majority of jurists based on a hadith, and concerns about fitnah, firmness and life experience. The Hanafi scholars allow a female qadi in civil (muamalat) cases but hold the appointer sinful, and in hudud and qisas cases a woman cannot be appointed. The fatwa notes a later decision issued in 2019.
Written in our own words from the original fatwa — check the source before acting on it.
Wanita tidak boleh menjadi hakim walau setinggi mana sekali pun kemampuannya.
Read the full fatwa on the Penang website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Penang State Mufti Department. “PERLANTIKAN HAKIM SYARIE WANITA (2)”, 17 July 2012. http://efatwa.penang.gov.my/fatwa_details.php?fatwaid=382. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/may-woman-be-appointed-syariah-judge/