خواتین کے لیے منصب قضاء کی اہلیت :فقہائے احناف اور پاکستانی قوانین کا تقابلی مطالعہ

Eligibility of Women for the Judicial Office: A Comparative Study of Hanafi Jurisprudence and Pakistani Law

Abstract

This study examines the eligibility of women for judicial office through a comparative analysis of classical Hanafi jurisprudence and the contemporary legal framework of Pakistan. While the Hanafi school has historically articulated specific conditions for the appointment of judgesemphasizing legal competence, moral integrity, and judicial aptitudethe question of women’s judicial authority has remained a subject of nuanced debate. Classical Hanafi jurists present diverse interpretations, ranging from conditional acceptance of women’s judicial roles to broader restrictions based on their readings of doctrinal principles. In contrast, the modern legal system of Pakistan, grounded in constitutional guarantees of equality and non-discrimination, recognizes women’s full legal capacity to serve as judges at all levels of the judiciary, including the superior courts. This divergence between traditional juristic thought and contemporary constitutional practice underscores a significant research gap in the existing literature. Through an in-depth comparative approach, this study analyzes primary Hanafi legal texts, contemporary juristic opinions, constitutional provisions, statutory laws, and judicial precedents. The findings aim to identify areas of convergence and divergence between classical Islamic legal theory and Pakistan’s modern legal structure. Ultimately, the research seeks to contribute to the scholarly discourse on harmonizing Islamic jurisprudence with contemporary legal realities, especially regarding women’s evolving role in judicial institutions.