Al Irsyad: Jurnal Studi Islam
Vol. 5 No. 1 (2026): Al Irsyad: Jurnal Studi Islam

Relevance of Husein Muhammad’s Gender Thought in the Existence of Female Judges in District Courts

Hasbi Ash Shiddiqi (Institut KH Yazid Karimullah, Jember)
Yanto Hasyim (Institut KH Yazid Karimullah, Jember)
Rofikoh Rofikoh (Institut KH Yazid Karimullah, Jember)
Faris El Amin (Universitas Islam Negeri Madura)
Taha Ramadhan (Al-Azhar University)



Article Info

Publish Date
22 Mar 2026

Abstract

Female judges in the District Court of Jember Regency face tensions between classical fiqh perspectives and modern judicial practices, including social, structural, and gender-based barriers that limit their participation. This study aims to analyze the relevance of Husein Muhammad’s gender thought and gender-just Islamic interpretations to the existence and role of female judges. Employing a qualitative empirical approach, data were collected through in-depth interviews with a female judge, document analysis, and literature review on gender discourse in Islam and judicial practice. The findings reveal that female judges possess equal authority and responsibility as male judges but continue to encounter social and structural challenges, including domestic burdens and gender stereotypes. Husein Muhammad's perspective, when viewed through the lens of maq??id al-shar?‘ah, offers a robust theological and ethical foundation for gender equality, highlighting the tenets of justice, public benefit (maslahah), and human dignity. This framework supports the idea that women should participate in the judiciary, thus reducing the influence of patriarchal views in legal decisions. The research shows that it's possible to combine modern religious discussions with established legal procedures. Ultimately, incorporating gender-sensitive Islamic thought into judicial practice can foster a more inclusive and fair legal system. The study's importance resides in its provision of a contextual Islamic framework that endorses women's participation and challenges patriarchal interpretations found within traditional fiqh.

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Journal Info

Abbrev

alirsyad

Publisher

Subject

Religion Education Library & Information Science Social Sciences

Description

Al Irsyad: Jurnal Studi Islam This journal is dedicated to field research or Islamic theoretical research, Focus: all research on Islam, Scope: research on the study of the Quran and Hadist, research on Islamic boarding schools, research on Islamic schools, research on Islamic-based community ...