An investigation of women's judgment in jurisprudence and Afghanistan law

Abstract

This article examines the difference between women in Imamiya jurisprudence, Sunni jurisprudence, and Afghanistan law, and in this regard, it explores the views of Imamiya jurisprudence and Sunni jurisprudence with a comparative perspective. Meanwhile, the laws of Afghanistan have also been considered. The present research has been carried out with a descriptive analytical method and it has been concluded that among the Sunni jurists and Imamiya jurists, the dominant view is that women are not qualified to be a judge. About this disqualification, jurists have referred us to verses of Quran and Ahadith and they believe that the main reason for women's disqualification is the claim of consensus. Despite this prevailing view, some Imamiya jurists doubt the existence of such a consensus and do not consider women's limited qualification in cases that can be proven by their testimony. Among the religions, the Hanafis believe that women can take the position of judge, except in cases of retribution. The absolute authority of women to hold a judgeship among the Imamis and the Sunnis also has few supporters. According to this point of view, the laws of Afghanistan have not deprived women of this right, and women can take this responsibility just like men, therefore the Afghan Courts Jurisdiction Law has not mentioned being a man as one of the conditions of being a judge in this country.