Kuwait Times

Published Date: November 25, 2009
By Nawara Fattahova, Staff Writer

KUWAIT: The Women's Cultural and Social Society (WCSS) on Sunday held a forum entitled 'Where are Kuwaiti women in the judicial system?' on Sunday at the society's headquarters in Khaldiya. "Any demand for women's rights in Kuwait always meets with objections," said MP Ali Al-Rashid. "When women first demanded the right to education she faced social refusal. There was the same reaction when she demanded to drive a car, and all the way up till she received her political rights. It was always the issue of he
r stolen rights, which should be given back to her. And today we are discussing giving her back her judicial rights.

Islam gives a woman all her rights and protects her, he went on. "Some enemies of Islam try to blame the religion for not giving women judicial rights. This spoils the reputation of Islam. Some are trying to change this issue to a religious matter, without having any evidence to support their claim in Islam.

Al-Rashid explained the issue from the viewpoint of Sharia, saying, "There is no legal source in Islam banning woman from becoming judges. If it were so, there would be clear verse in the Holy Quran prohibiting it. Controversially there are some clerics who have allowed it for women. In fact there was no judge during the time of Prophet Mohammed, so no one can state that it was only for men. Also the Prophet gave women the right to deliver advisory opinions (issue Fatwas) during his time, and the Fatwa is
more important and more comprehensive than the judicial post.

Al-Rashid cited some examples of other Khalifas who consulted women, saying that some Muslim clerics have differing opinions regarding this issue. He also pointed out that historically women have been tasked with calculating the budget or household funds, which equals today's post of minister of finance or municipality.

Al-Rashid then clarified the opinion of the constitution and other laws on this issue. "Article number 29 of the Kuwaiti Constitution mentions equal rights for men and women. Also law 23/1990 about judicial organization mentions in its Article 19 the conditions to occupy the post of judge, but gender is not mentioned, with no mention of being male being a precondition for becoming a judge either," he said.

Other article have specified some judicial positions as being for men only, such as Article 20 for the post of Head of the Supreme Court, who should be a man. Also, it is stated that the post of General Prosecutor should be held by a man. I think that those two article need to be changed, thus even if they are not changed there is no constitutional doubt about the judicial position," Al-Rashid concluded.

Discussing this issue is reminiscent of the struggle for women's political rights, said MP Maasouma Al-Mubarak. "There are supporters and opponents in this issue, but it is clear from the Islamic legal viewpoint that the rights are the same for both males and females. in fact it is a legal question, so why should judicial issue be conflated with religious issues? Even the basic Islamic principles set that the origin of all acts is allowed or 'Halal,' except those that were banned with a clear text.

MP Al-Mubarak also cited examples of other Arab countries, where women have attained senior positions in the judiciary. "There are 550 female judges in Morocco, which is an Islamic country, making up 18 percent of the total number," she pointed out. "In Egypt the number is lower as they were banned for 60 years from these posts, but today there are at least 42 women judges. Even in some GCC countries women have been appointed as judges.

Also speaking during the seminar were lawyers Nidhal Al-Humaidan and attorney Thekra Al-Rashidi, who spoke about the legal view point on this issue, agreeing with Al-Rashid and Al-Mubarak that women should be given the right to become judges and assume other senior posts in the country's judiciary.