What is the procedure for summoning a female defendant to court?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If the defendant is a woman who is 'Barizah' (one who handles her own affairs outside the home), her ruling is the same as that of a man. If she is 'Mukhaddarah' (one who does not go out for her needs), she is commanded to appoint an agent (Wakil). If an oath is directed towards her, the judge must send a trustworthy agent accompanied by two witnesses to administer the oath in her presence; if she confesses, they testify to it. The ruling aligns with the position of Al-Shafi'i, based on the Hadith where the Prophet (peace be upon him) sent Anis to the woman in question, telling him to stone her if she confessed, indicating she was not summoned to the court.
Supporting text
If the woman is Mukhaddarah and must appear, a screen is placed between her and the attendees, and she speaks from behind it. If she confesses, judgment is passed. If she denies, two witnesses from her kin testify that she is the defendant, and judgment is passed based on that. If the claimant lacks proof, she should be allowed to remain behind the screen, as this manner of proceeding is more modest and protects her, preventing shyness from hindering her presentation of her case, especially if she lacks knowledge of legal arguments.