Palestinian female judges gavel down taboos
Palestinian attorney Kholoud al-Faqih defied all norms when she decided to become the first woman to occupy the position of Sharia judge, breaking a long-standing taboo in Arab societies.
For centuries, men in the Arab world have dominated important state positions, such as in the Sharia judiciary — which settles status issues, such as orphan care, divorce, custody and inheritance among others, based on Islamic legislation. Then Palestinian attorney Kholoud al-Faqih defied the “norms” and decided to open that closed door, becoming the first woman to occupy the position of Sharia judge and to walk down that ambitious path.
On Feb. 15, 2009, a huge surprise was in store for Palestine. President Mahmoud Abbas issued a presidential decree appointing Faqih to the Sharia judiciary. This constituted an unprecedented move in Palestine and the Arab world, as the position was generally monopolized by men.
Faqih told Al-Monitor that her judiciary journey started when she obtained her bachelor's degree in law in 1999, then a master's in law from Al-Quds University in 2007. In 2001, she received her license from the chief justice’s office, which granted Faqih her license to practice Sharia law, and she also received her license to practice civil law from the Palestinian Lawyer's Union. She then worked as an adviser in several women’s organizations and as a defense attorney for women in legal and Sharia courts.
Regarding her interest in becoming a Sharia judge, Faqih said that she noticed during her work the absence of women in the Sharia judiciary. This prompted her to search for the underlying reason and prepare a legal and Sharia study regarding the obstacles, according to the 1976 Jordanian personal status law applicable in Palestine since the West Bank was administratively affiliated with Jordan. She could not find any legal or Sharia text forbidding women from working in the judiciary. So, she moved forward in her endeavors.
