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| Israels: Female Muslim Judge, Hana Khatib |
1
Introduction
1.1
Role of Shariah Courts In Israel
1.2 Sensitivity of Appointing a Muslim Woman to a Higher
Judicial Position In Israel.
The
sensitivity of appointing a Muslim woman to a higher judicial position in
Israel is a debatable issue among many Israelis, especially when the relationship between Jews and the Muslim world is at an all-time low. Most
clerics don't condone the appointment of females to judicial positions. This is
despite the modern feminist movement to advocate equality between all genders
and discrimination against females is considered taboo in today's world. In
Israel, this unprecedented appointment of Khatib was discussed in different
forums, including in bills by the Knesset. Furthermore, this appointment was
also discussed several times in the ruling of the apex court and this has
sparked a public debate. In Israel, it's completely natural that this issue is
to ignited a controversial public debate, given the sentiments attached with
these types of issues.
In the
public spectrum, the opinion on this matter of the appointment of Muslim women
to a higher judicial position is divided Before the Khatib appointment as Qadi,
there was a robust debate between the members of the Parliament in Israel
regarding the appointment of a female to the position of the arbitrator in
personal law proceedings under Ottoman Family Rights Law section 130. In Israel
even there is division among the Muslim public on the matter of Khatib,
appointment to the judicial position, and this divide depicts the strong
religious, cultural, and social skepticism of Muslims regarding this new appointment,
Therefore, Israeli President, Reuven Rivlin has welcomed this appointment of a
female Qadi to the religious Courts.
In this
blog, I will advocate the public and religious aspects of the appoint met of a
female like Khatib to the rank of a religious judge in Israel, which indeed
constitutes an important milestone in their history. The blog will point out
the cleric stances towards this issue and also what Muslims around the world
think about this pivotal development in Israel. I will also discuss Islamic
nations, what is the situation of women in the judicial field there. Furthermore, I will also discuss different
opinions from many Islamic schools of thought on the appointment of a female to
a Judicial field.
1.3
Qualification Required For a Religious Judge Position
In Islam
Muslim
scholars around the world have this agreement regarding the qualification required for a religious Judge position;
1)
He must be mature in his thoughts.
2)
He must a fair-minded person.
3)
He must be hard-working.
4)
doesn't have a dubious personality.
However,
the disagreement between them occurs on the gender of a religious Judge. This
difference of opinion occurs from the varied interpretation of the Holy book
Quran verses and the Hadith of the main Islamic schools: the Shafi, the
Malikite, the Hanafi, and the Hanbali. Partly facetious, to say the least, this
is not the only debate these Islamic schools differ from each other.
It is
imperative to point out that the difference of opinion between religious
scholars are valid because Islamic jurisprudence, is all changing all the time;
it is the expansion of knowledge of Sharia and constant contemplation.
Therefore, it is very common to find these kinds of disagreements among Muslim
scholars related to their fiqh.
The
majority of Muslim schools like the Shafi, Malikite, and the Hanbali excluding
the Hanafi school, ruled that any appointment of a female to the judicial field
was Haraam (Prohibited). Scholars of these Islamic schools of thought believe
that any female judge appointment would be term as Haraam and, her rulings have
no legal standings. In the literary work of prominent religious scholars such
as Ibn Qudama and Imam al-Quarfi, this issue is discussed in detail and they
give examples from Holy Quran and Hadiths to support their position. Furthermore,
even the Shia schools strictly forbid women from holding any type of position
in the judicial field.
Contrary to these views, some scholars from the Hanafi school allow the appointment of females to the role of the religious judge. The Hanafi scholars believe that gender is nothing to do with the competence for judicial position and subsequently, Iman Ibn Hazm al-Thaheri allowed women appointment to the position of Qadi.
2
The Appointment of a Woman Qadi to the Sharia
Courts in Israel
First Female Muslim Judge, Hana Khatib, Selected for Muslim Religious in Israel.These religious or
Sharia courts were used as the judicial arm of the state. The Qadi's (Judges)
appointed in these Sharia courts adheres to the fiqh Hanafi school. After the
defeat of the Ottomans and the British authorities took over in World War I,
they enacted a new "Palestine Order-in-Council. According to Palestine
Order-in-Council (1922-1947), the institution of the Sharia courts should
adhere mostly to the principle of the Hanafi school. In 1948 when Israel was
established as a state, it precisely adopted the same Ottoman legislation on
the religious court, through a new Ordinance for Administration and Law.
2.1
History of Sharia Courts in Israel
According to the Ordinance for Administration and
Law, 1948, Article 52 (King's Law), religious courts in Israel are given the
power to deal with the matters such as marriage, divorce, paternity, and child
custody. Furthermore, these Shariah courts are also given the power to provide
arbitration on matters like religious conversion to Islam, domestic violence,
and inheritance issues. Today in Jerusalem nine religious courts are active.
· Nazareth
· Akko
· Baqa
Al-Gharbia
· Be’er
Sheva
· Yafo
· Tiberius
· Sakhnin
· Appeals
· Haifa.
The judge's selection to the Shari'a courts has
been performed under the 1961 Law of Qadis. The Law of Qadis 1961, did not
relate to the appointment of a female to the position of qadi. Therefore, as long
as the law allows a woman to be appointed female qadi no one has the right to
criticize or go against the existing qadi law. Before Hana Khatib, Muslim women
in Israel have been applying for the post of qadi, but they have not been
considered. President of the Qadi courts in 2013 appeals to the manager of
court, Tzippi Livni, to work toward the appointment of a female qadi.
2.2
Hina Khitab, Qadi Appointment & Israelis
Reaction.
A proposition in 2015 purposed by Issawai Freih,
of making one female nominee mandatory for each qadi position failed. The proposed law by Knesset member Issawi Freih failed due to two main reasons;
1) Opposition from the Shariah courts
2) United Torah Judaism threatened to use its veto
power. The opposition from Jewish organizations is due to fear that the
appointment of a female Muslim qadi would somehow become a precedent of women
in rabbinical courts.
In 2016, The eminent Abd al-Hakim, and currently
the president of Qadi Court of Appeals saw that in the fiqh Hanafi school, a
female is allowed to be appointed in the judicial field. Subsequently, Qadi
Samara agreed to appoint a female as a religious judge. Qadi Samara's robust
stance positively enabled the members of the selection committee to consider
the appointment of a female to the judicial service.
In 2017, Hana Khatib, a practicing lawyer,
specializing in Shariah law and personal law was appointed to serve as a Qadi.
Hina Khitab, oath ceremony was held at President Reuven Rivlin, Residence for
the inauguration of new qadis. On that historic occasion, she was sworn in as
the first female Muslim qadi in Israel.
Muslims living in Israel gave mixed reactions to
the Hina Khatib appointment as a qadi. Some welcomed the decision while others
see this decision against established Islamic protocols and sheer violation of
the traditions and customs of Arab society.
Many articles and blogs were published on the internet regarding the new
appointment of a Muslim qadi. Some supported this decision while others saw
this as some sort of conspiracy against Islam.
3
Conclusion
In Israel, the appointment
of a female judge or Qadi is not something people witness daily. Hina Khitab,
appointment conveys that Sharia and Islamic laws are not backward but an
advanced process. Moreover, it also demolished the false narrative that in
Israel, Muslim women are subjugated by the state and not provided ample opportunities
to rise. Hina Khitab's appointment also
reflects that Sharia courts in Israel are fully equipped in dealing with modern
challenges faced by Israeli Muslims.
This appointment was a historic step in and it has conveyed to other
Arab states of the Muslim world and especially the neighboring Palestinian
Authorities that Israel fully believes in the Sharia justice system