تولي المرأةلمنصب القضاء والشبه المثارة حوله في العرف الليبي والقانون الليبي والفقه الاسلامي

This item is published by Universitas Islam Negeri Sunan Ampel Surabaya

Sounusi, Salih Abdurrahman Al (2020) تولي المرأةلمنصب القضاء والشبه المثارة حوله في العرف الليبي والقانون الليبي والفقه الاسلامي. Masters thesis, UIN Sunan Ampel Surabaya.

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Abstract

The aim of this research is to reveal Libyan customs and their views about women taking over the judiciary, knowing the opinions of legal experts about their assumptions and evidence, and their discussions about them, and knowing the basics on which each team builds their speech, and a comparison between customs and law in Libya and Islamic jurisprudence. The questions are as follows (1) What is Libya's custom to take the position of women in justice? (2) What are the views of legal experts about a woman's judicial assumptions, and the reasons for their disapproval? (3) What are the similarities and differences between Libyan customs and Islamic law? The research problem lies in the fact that the Libyan state strictly adheres to its customs and traditions, and all prevents women from taking justice, and Libyan law stipulates that a woman can take over the judiciary altogether, and differences of opinion in decisions about assumptions about taking justice in Islamic jurisprudence , and researchers discuss differences of opinion for reasons that cause differences of opinion with reasons that cause differences of opinion for these reasons. The method used by researchers varies: using a descriptive approach to describe problems such as those in Libyan society, and an analytical approach to data obtained during research in this issue, and using a comparative approach, it compares doctrinal views with each other, then compares Libyan customs and law Libya with Islamic jurisprudence. , To achieve results due to differences. The most important result achieved by researchers is that Libyan customs are through age and prevent women from taking over the judiciary because of a culture that has formed over time, and the law in Libya stipulates that women can take justice at all, and legal experts in Islam has four words that encompass the public The judiciary is absolute, and some Shafi'is allow him to be tried if necessary, and the Hanafis allow him to be tried in what he witnesses, and Ibn Jarir Al-Tabari and those who are with him are allowed to judge at all.