Q. Can a women be appointed as a Qazi according to Shafi Mazhab? If no please state the reason. What are the conditions to appoint a Qazi according to Shafi Mazhab?
A. According to the Shafi Mazhab (and the majority of Scholars and Imams of Fiqh), it is not permissible to appoint a woman as a Qazi.
In Al Majmu’ Sharhul Muhazzab, Imam An Nawawi writes, ‘It is not permissible for a woman to become a Qazi – this is the opinion of the general body of Scholars of the Shafi Mazhab’ (Takmila Al Majmu Sharhul Muhazzab Vol. 26 pg. 305 and 310).
In Al Fiqhul Islami, Dr. Wahba Az Zuhaili writes, As for (being a Qazi), being a male is a condition according to the Malikis, Shafies and the Hambalis.
Hence (according to them) a woman cannot be a Qazi’. (Al Fiqhul Islami Wa Adilatihi Vol. 8 pg. 6238).
And Allah knows best.
Mufti Waseem Khan