İslâm Yargı Sisteminde Kazâ ve İftâ Yetkisi Açısından Kadın

In the life of society, men and women live on a common plane. The coexistence of the two in the continuation of the generation and the construction of society is an undeniable fact. Therefore, every society from west to east has emphasized the image of women and made some explanations about its position. As a matter of fact, his contribution to social, economic and intellectual life cannot be ignored. Although the negligence and neglect of women has been carried out in some centuries, with the advent of Islam, women and her position have gained importance again. This importance is further riveted by the sources of revelation and sunnah. In the Quran and Sunnah, there are some special provisions only for women and formed as a result of his efforts. In this context, the principles of Islamic law created to ensure justice have always been important as well as the role and position of those who apply these rules. The authority of a woman in jurisdiction and fatwa is also a phenomenon that should be evaluated in terms of Islam. As a matter of fact, this issue was also subjected to an additional evaluation by Islamic jurists. The Duty of Women for Accident and Forbearance in Terms of Islamic Law In the history of Islam, there have been occasional harsh debates about whether a woman will be officially a judge (Judge-Judge) or a fatwa as a mufti. In addition to those who declared that a woman could be a judge and a mufti, there were also those who objected. As a matter of fact, those who have been officially in the office of judge throughout history have been appointed from among men. This traditional custom in practical life did not positively support the fact of women being a mufti and a judge. This factual fact, experienced in practical life before women, has turned into a social perception rather than a gender. Therefore, the obstacle to the absence of women in these positions has been the common tradition in the society rather than gender and scientific capacity. Fiqh schools, which generally approach the subject in the context of the emotionality of women, argued that women cannot be judges, especially in criminal cases. They declared that he could not perform this duty due to the fact that he was affected by the tears of the enemies during his judgment, and his psychological structure during pregnancy and other special situations. According to them, being a man is both permissible and the condition of being a good judge. In this context, when we consider the issue, with the advent of Islam, the misinformation existing in the society about women was corrected, and Islam stated that women also address divine rhetoric in the sight of Allah equally with men. It is emphasized that superiority is not in gender but superiority is in taqwa and righteous deeds. In this context, fiqh continues its continuous development in life. As a matter of fact, women, who are a member of life, make a great contribution to this field and continue to contribute to its positive development. It is stated in the book and the sunnah, which are the two basic sources of Islam, that she has rights as well as some responsibilities that concern her, and that she will exercise her own free will about these rights.