Document Type : research
Authors
1
PhD student of Jurisprudence and Fundamentals of Imam Khomeini's Law and Thought, Faculty of Law, Theology, Political Science, Tabriz Branch, Islamic Azad University, Tabriz, Iran.
2
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Law, Theology, Political Sciences, Tabriz Branch, Islamic Azad University, Tabriz, Iran
3
Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, Faculty of Law, Theology, Political Science, Tabriz Branch, Islamic Azad University, Tabriz, Iran.
10.22034/ejs.2024.452120.1762
Abstract
Background and Aim: Women's judgment is one of the important issues and a place of disagreement. The purpose of this article is study of the arguments of the opponents of women's judgment from the point of view of jurisprudence and legal issues.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: The findings showed that the evidence presented to prohibit women from judging is not sufficient and convincing, therefore, the lack of competence of women to judge is seriously doubted, In proving women's incompetence, there are weak reasons that have problems, and it is not a denial of the duty to deny women the right to judge. From a legal point of view, even though women have the possibility to work as investigators, the head of the court is the responsibility of men.
Conclusion: By looking carefully at the arguments of both theories, we can come to the conclusion that in any case, judging is a task that has a heavy responsibility, and the fulfillment of this task for women, considering its obligation for men, is considered a privilege for women and is not a sentence of gratitude.
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