The appointment of female arbitrators—What do islamic law and the constitutions of Arab muslim countries really say?

Abstract

It has been observed since earlier times that those countries that include women in society achieve growth and stability, specifically in the legal profession. Women in Muslim Arab countries, however, face restrictions in their roles because of societal customs and religious interpretations. In these countries, arbitration laws do not explicitly enforce gender limitations on arbitrators, with the only requirement being having a good character and being proficient in the legal profession. However, the declaration of Islam as the state religion in the constitution gives rise to questions about whether the Islam permits the appointment of women as arbitrators.

There are some Muslim scholars who believe that women cannot be appointed as arbitrators, claiming that it is not allowed in Islam. Consequently, arbitration laws that permit such appointments are viewed as unconstitutional, given that Islam is the foundation of constitutional principles. As a result, tensions and conflicts arise between the progressive goals of arbitration laws and the requirement for constitutional principles to align with Islamic laws.

This article employs a doctrinal legal research methodology, analyzing constitutional provisions, arbitration laws, and Shari'ah principles, alongside interpretations of Islamic jurisprudence. It critically examines opposing arguments and highlights the public interest in enabling women's inclusion. Recommendations are presented at the end of the article to bridge the gap between legal and religious views and to encourage the appointment of women as arbitrators to support gender equity and achieve social development.