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Can Women Hold Judicial and Leadership Positions in Islam?

26 August, 2026
Q In some madhabs, why were women originally not allowed to have certain jobs, like civil positions in court or being leaders of an Islamic state? Was it a safety issue, or just plain unthinkable due to the society of that time? Or was it because of Abu Bakr (RA)’s hadith that a woman leading a nation will lead to its ruin? But I thought there was context behind it and that it applied to the Persians only? After all, there are many Muslim queens who ruled as heads of state in their countries, such as Queens Aswa, Asrwa, Radia of Delhi, Shajar Al-Durr, and Amina of Zazzau, who led her country’s army into battle, and even Bilqis (RA) in the Quran. By being leaders of their respective countries, were these women actually unintentionally going against the will of God? And are women still barred from having such positions in those same madhabs now? During the Rashidun and other caliphates, there were many women who voluntarily fought in battle, including Nusaybah (RA), Umm Haram, and Umm Sulayt. From what I understand, women were not/are not prohibited from fighting in war, other than in self-defense? Just wanted to confirm. However, if that is the case, why does the number and mention of Muslim women fighting in battles diminish as time goes on? Is it because fighting eventually became a professional job, and it became harder for females to join the army, and there simply was no space for women fighting in the military due to the society of that time? Or were there actually many women who still fought throughout Islam’s long history, but their names were erased from the record for some reason? If so, is it possible to get a source and list of names of these women, so that I could learn more about their lives and the integral roles they played in their communities? Would like clarification about Abu Bakr (RA)’s hadith, along with the majority/minority opinion on this matter, and what the four madhabs say about this, please.

Answer

In the Name of Allah, Most Gracious, Most Merciful. 

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.


In this fatwa:

Classical Muslim scholars generally restricted women from the supreme caliphate based largely on their interpretation of the Abu Bakrah’s Hadith, while differing over its scope and application. Women could nevertheless hold various public, judicial, administrative, and advisory roles, and Islamic history records women exercising significant political and military authority.


Responding to your question, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

In classical Islamic jurisprudence, women faced restrictions regarding a limited number of supreme political roles, most notably the caliphate, which is the overall head of state. These limitations arose from scholars’ interpretations of a specific Hadith, the social norms of their time, and prevailing views on public authority and military command. Importantly, these restrictions were not based on beliefs that women were sinful, weak, or unfit.

The Hadith most frequently cited in this context is narrated by Abu Bakrah, where the Prophet (peace be upon him) states that a people who appoint a woman as their ruler will not succeed. Most scholars deemed this report authentic but confined its application to the highest level of rulership.

A minority of both classical and modern scholars interpreted it as contextual, linking it to the collapse of the Persian monarchy rather than applying it universally across time and place.

Within the four Sunni schools of thought, the restriction was narrow. While women were generally excluded from the caliphate, many scholars permitted them to serve as advisors, administrators, ministers, teachers, and, in some schools, judges, particularly in non-criminal matters.

In the modern era, many scholars accept women’s roles in non-sovereign leadership positions without viewing this as a religious issue.

Historical examples illustrate this flexibility. The Qur’an commends Bilqīs, the Queen of Sheba, for her wisdom and judgment. Throughout later Muslim history, women like Raziyya Sultana, Shajar al-Durr, and Arwa al-Sulayhi ruled as queens and sultans with scholarly approval, not facing accusations of sin. Although these were not caliphates, they represented significant and influential forms of leadership.

A similar balance exists regarding the issue of warfare. During the time of the Prophet (peace be upon him), women participated in battles voluntarily when necessary. Figures like Nusaybah bint Ka`b at Uḥud and Khawlah bint al-Azwar at Yarmuk fought valiantly and received praise for their actions.

As armies evolved into more professional entities with specialized roles, women’s appearances on the battlefield diminished, but their participation was neither erased nor forbidden.

The evidence is clear: Islam does not deny women strength, courage, or moral worth. The legal limitations that existed were shaped by historical context and specific views on authority, not by a lasting judgment against women’s roles in public life.

Islam honors capable, God-conscious women. When women have led and served with wisdom and justice, they have done so within the mercy of the Shari`ah, not in opposition to it.

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Almighty Allah knows best.

About Sheikh Ahmad Kutty
Sheikh Ahmad Kutty is a Senior Lecturer and an Islamic Scholar at the Islamic Institute of Toronto, Ontario, Canada