It is permitted for a woman to be appointed in civil service and positions in the judiciary apart from the Court of Injustices. She can elect members of the Ummah’s council, and be a member herself, and she can participate in the election of the Head of State and in giving him the pledge of allegiance.

The evidence for the article is the evidence for employment, since the civil servant and judge are employees. The evidence for employment is general and unrestricted. It is narrated that the Prophet said.

.» أَعْطُوا الأَجِيرَ أَجْرَهُ قَ بْلَ أَنْ يَجِفَّ عَرَقُه « . “Give the employee his wages before his sweat dries” (reported by Ibn Maja from Abdullah Bin Umar). The word “employee” here is general and encompasses both women and men. In the same vein, Al-Bukhari reported from Abu Huraira that the Prophet said.

. وَرَجُلٌ اسْ تَأْجَرَ أَجِيرًا فَاسْ تَ وْفَى « : إلى أن قال » ثَلاثَةٌ أَنَا خَصْمُهُمْ ي وَْمَ الْقِيَامَةِ « » مِنْهُ وَلَمْ ي عُْطِ أَجْرَه .

“I will be against three on the Day of Judgement” until he said “and a man who employs an laborer, and gets the full work done by him, but does not pay him his wages.”; the word employee is unrestricted and encompasses both women and men. The definition of employment is “a contract upon an exchange of a service for remuneration” and the work in government departments and judiciary is a service, undertaken upon a contract between the State and the civil servant in exchange for remuneration, which is the salary. Umar b. Al- Khattab (ra) appointed Al-Shifa, who was a woman from his tribe, as a judge in the market place (hisbah) in Madinah, though it is not permitted for a woman to be a judge of the Madhalim court and nor to be the chief judge responsible for the Madhalim judiciary, since that is considered a ruling position.

As for the Ummah council which is for consultation and accounting, consultation (Shura) is confirmed by a general evidence.