A Female Quazi Appointed in the Judicial Position: Islamic Law and Public Opinion in Sri Lankan Context

Abstract:

A Woman’s Competent to Be Appointed as a Judge in Quazi Courts. In Muslim Societies Has Been a Debated Issue For Decades. Although Some Muslim Majority Countries, Including Indonesia, Malaysia And Arab Countries, Have Allowed Women Judges (Qudath) In Shariah Courts, The Muslim Religious Leadership In Sri Lanka, Namely All Ceylon Jamiyathul Ulama (ACJU) As Opposed To Such Appointment To Administrate The Muslim Marriage And Divorce Act Of 1951 (MMDA) Which Is Administrated By The Quazi Court System On The Basis Of Classical Muslim Scholars’ Discussion On The Qualification Of A Judge (Quazi), Particularly Referring To Their Debate On Gender; However, Women Activists In Sri Lanka Argue About Women Quazi On The Basis Of Women’s Privacy And Fair Hearing. This Study, Therefore, Explores the Positive and Negative Opinion on the Appointment of Female Quazi in Sri Lanka. Hence, This Research Study The Classical Scholars’ Discussions On The Qualification Of A Judge (Quazi) Critically And Understand Their Arguments Through Islamic Law. The Contextual Analysis Was Carried Out To Understand The Verses Of The Quran, Hadiths And Scholars’ Argument Particularly In Connection With The Present Situation For Women In Sri Lanka. The Data Were Collected From Secondary Sources. The Study Recommends Sri Lankan Quazi Courts Systems Differences From Muslim Majority Context And Insignificance Of Classical Muslim Scholars’ Debate On Gender As a Qualification Of A Judge (Quazi). In Contrast To This Should Be Appointed The Quazi On The Base Of Academic Qualification. The Study Categorized In Discussion Part Into Focus On The Quranic And Hadith Verses Which are Relevant To The Argument, Qualification Of A Quazi In Principals Of Fiqh, Opinions Of Classical Scholars to The Appointment Of a Female Quazi To a Judicial Position, Female Quazi In Sharia Courts In Muslim Majority States And Status Of Female Quazi In Islamic Law. 

Key Words: Quazi, Judicial Position, Islamic Law, Public Opinion, Sri Lankan Context