Judge And Women's Judgement In Islamic Sharia And The Laws Of Afghanistan

چکیده

Judge and Women's Judgement is one of the utmost important and fundamental subjects that has always
been discussed among Islamic jurists, both traditional and contemporary, as well as legal scholars. Although
this topic is not a new or recent debate, some jurists do not permit women to hold judicial positions. Their
argument is based on the narration of عَنْ أَبِي بَكْرَةَ رضي الله عنه قَالَ : لَمَّا بَلَغَ رَسُولَ اللََِّّ صَلَّى اللََُّّ عَلَيْهِ وَسَلَّمَ أَنَّ أَهْلَ فَارِسَ
قَدْ مَلَّكُوا عَلَيْهِمْ بِنْتَ كِسْرَى قَالَ : ) لَنْ يُفْلِحَ قَوْمٌ وَلَّوْا أَمْرَهُمْ امْرَأَةً ( Abu Bakrah, may Allah be pleased with him,who said:
'When the Messenger of Allah, peace be upon him, learned that the people of Persia had appointed the
daughter of Kisra as their leader, he said, 'A people will never succeed if they entrust their affairs to a
woman.''
This article endeavors to discuss and explore the opinions and viewpoints of both earlier and later jurists,
as well as those of legal scholars and the laws of Afghanistan.