Global Journal of Arts, Humanities and Social Sciences (GJAHSS)

EA Journals


A Study on Women Assuming the Position of Judiciary (Published)

This study aims to clarify and explain the conditions for assuming the position of the judiciary in Islamic law.  In addition, it discusses the position of contemporary jurists on the assumption of the position of judiciary by women, who in turn were divided between supporters and opponents with providing the evidences. This study clarifies that the profession and existence of the judiciary is in order to show the right and rule on the basis of returning rights to their owners, and separating the litigants with justice. The study shows that the jurists are unanimously agreed that the judiciary is nothing but the settlement of disputes, and the clarification of the legal ruling in order to obligate the opponents to the ruling of the judge In addition, the dispute over the issue of women assuming the position of the judiciary is neither new nor a product of the current era. Since the dispute in it has existed since antiquity, and the evidence is that there are many different opinions on the subject, but there has been much talk about it with women occupying many positions in the current era, including the position of the judiciary. After research and analysis, we chose the opinion in favor of women taking over the judiciary, however, it has to be within the limits and controls of Islamic law.

Taghread Keadan and Mahmoud, Khaled (2022) A Study on Women Assuming the Position of Judiciary, Global Journal of Arts, Humanities and Social Sciences, Vol.10, No.10, pp.58-69

Keywords: Judiciary, Retribution, Woman, opposing jurists, position of the judiciary, punishments, supporting jurists


The judiciary has come under a severe criticism in recent times due to its untimely disposal of electoral case in free and fair manner. Marxist theoretical perspective is hereby adopted to ascertain the problem under consideration. The need for the theory arose because the judiciary with its powers is required by the capitalist to enforce unequal distribution of social and material rewards in order to preserve their position to oppress less privileged class in the society. It was discovered that the capitalist class in Nigeria normally muster financial resources not just to perpetuate electoral fraud but also bribe their way in the election petition tribunal which aim at correcting the abnormality in the electoral system thereby denying the masses access to justice in Nigeria. It was recommended that various punishments and sanctions should be awarded to erring judges who indulge in corrupt practices, such punishment like death sentence, dismissal from service, public humiliation by sending them to prisons to serve jail term. On the side of politicians who bribe judges to see their way through, they should equally trial and convict them for bribing public officers. Also they should be disqualified from whatever political position they are contesting for, this will help in reducing the corruption in the judiciary that does not allow Nigerian democracy to grow.

Keywords: Contemporary Nigerian Society, Democracy, Judiciary

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