STUDI KOMPARATIF TENTANG KEDUDUKAN HAKIM WANITA ANTARA MAHKAMAH SYARIAH DAN SIVIL DI MALAYSIA

ABSTRACT: The aim at of this paper is to answer and analyze the issue of woman position in the Shariah Court, particularly her position as a judge. It is inseparable from the pros and cons of her position, in which each party relied onthe verses of the Al-Quran and Hadith of the Prophet. This is what happened in Malaysia as a country with Muslims majority. To answer this issue, by utilizinga qualitative approach, this research finds that the conflict between these two views is because of differing views between theory and practice. In the Al- Quran and Hadith, the Prophet prohibits woman to be a leader (judge). However, practically, at the time of Prophet, Companions and beyond had ever given woman to be a leader. Furthermore, Islam also gives an honor to woman, so that her position is equal with man. Because of these differences, the Shariah Court in Malaysia did not give woman as a judge, while in the Civil Court the woman is given the equal position with man to be a judge.
Keywords: Judge, Court, Woman, Islam
Penulis: Mohd Quzaid al Fitry B. Termiji
Kode Jurnal: jphukumdd120362

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Jp Hukum dd 2012