and is turned about with the greatest ease. Hence she is often deceived: one of the litigants may come to her, a forceful and influential man, and influence this woman, turning her completely upside down. Thus, the judgment is directed in favor of Zayd; then, when the other speaks, the judgment shifts to Amr. She is weak, lacking the requisite strength, and therefore cannot bear the responsibility of managing the affairs of the Muslims.

If it is said: “Aisha, may Allah be pleased with her, was placed in authority at the Battle of the Camel,” the answer is that this should be understood as one of the special distinctions of the Mothers of the Believers, may Allah be pleased with them. Or we may say that the hadith applied to her: “A people who entrust their affairs to a woman will never prosper.” (1) For something momentous did occur as a result. It will come later, Allah willing, in the discussion of arbitration, that there is no harm if a woman is appointed as an arbitrator; but for her to be appointed to a public office is not permissible.

As for an intersex person, this is because the condition of maleness is absent, and because it is not known whether such a person is male or female. Thus, we cannot be assured of the prosperity that results from appointing a man.

The apparent meaning of the author’s words is that a woman may not be a judge even in cases concerning women, and this is indeed so: she may not preside as judge over them. As for matters other than judicial office—such as giving testimony, serving as an arbitrator in a settlement, or acting as a tracker who gives judgment based on the physiognomic evidence she knows, and similar matters—there is no harm in that. But judicial office is not valid for her, even if the case is between women.