The Capacity of Imami Jurisprudence in Holding the Position of Women Judgeship

One of the most important conditions stated in the judgment is the condition of masculinity. Because the main condition in holding the judgment is knowledge and scientific ability of the individual. Justice in general and the payment of installments in particular is one of the important individual and social issues and obligations in Islam. The establishment of installments and justice in society has led to holding a position called judiciary, and the main condition for the position of judiciary is both knowledge of the amount and the book and having scientific ability and individual justice, although according to Imami jurisprudence, other conditions are the position of judiciary.. Judgment of women in Islam is a scientific topic that is discussed in the section on the conditions of a judge. Judgment is one of the examples of the exercise of religious guardianship by God, which requires the possession of the lives, property and breadth of the servants in order to establish installments and justice; One of the most important conditions of jurisprudence in Shiite jurisprudence for most jurists is the issue of masculinity, which according to the principle of ijtihad in Imami jurisprudence, of course, has been disputed by some jurists in different periods; For this reason, in Imami jurisprudence, some people have considered the impermissibility of judging women and others have allowed the judgment of women and men, of course, with caution, provided that they have all the conditions for judging. In defense of the first theory (impermissibility), some Imami jurists have cited arguments that in this study, after analyzing and evaluating them according to scientific arguments, have been debated and critically scrutinized, and criticisms and problems about the issue. The judgment of women has been answered in a documented manner, and the findings of this treatise are that masculinity will not be the main and solid condition for obeying the obligation of installment and justice, which is an objective and sufficient obligation, and by arguing in such a condition that the main obstacle In the position of judge for women, it is possible to enter the license for the position of judge for women; Because after reviewing the present study, it becomes clear that, firstly, according to verses and some narrations, the group that believes that women are not allowed to judge, do not have a definite and strong reason for banning women from judging, and also citing the Qur’an explicitly on the issue of installment and justice And according to some narrations, it can be said that the principle in the matter of judgment is the establishment of installment and justice, which is conditioned by the condition of knowing the Book of God and the divine measure, for its custodian.