اختلاف الفقهاء في حكم تولية المرأة الرياسة دراسة تحليلية

Abstract

Since a few centuries ago, there are a lot of ideologies differences among Islamic Philosophers in Shariah. The philosophers would provide various evidences and statements in order to convince their ideologies. The aim of this analysis is to resolve and find the key answer on women’s role as a leader. It will focus on higher ranking position in the country such as minister level, mufti level and head of an institution or organization. The writer will identify those philosophers, who had fulfilled the key evidences and had very precise statements, but this doesn’t mean that the writer will leave behind on the other philosophers. As we have known, the best solution (ideology) is only from Al-Quran and Hadith, that can identify the accurate ideology. The writer believed that whatever statements will reveal in this topic, women are still inappropriate to become a leader, as there are many complexities than benefits, which parallel to Fiqhiyyah Methodology “prevention is better than cure”. Furthermore, in the point of view of the writer, the main reasons for the ideologies differences of the philosophers are due to there are no evidences and statement that revealing about the forbidden of women to become a leader based on Shariah law and philosophers’ interpretation of Al- Quran and Hadith.