Women assuming judicial positions: between religious prohibitions and modern necessities

Abstract

The appointment of women to the judiciary is a pivotal issue, pulled in opposing directions by traditional jurisprudential perspectives and modern civil necessities. While one school of thought adheres to certain legal impediments based on the concept of general guardianship, a reformist current emerges, grounded in the objectives of Islamic law and women's full legal capacity. Conversely, modern necessities and the principles of citizenship and constitutional equality necessitate the integration of women into the judiciary to enhance the efficiency of the judicial system. Thus, this empowerment has become a social and legal imperative, reflecting the development of the modern state and its ability to balance tradition and modernity. The debate today is no longer about the principle itself, but rather about regulating this practice in a way that serves absolute justice.