In Islam, leadership is a crucial institution. It is the rallying point for the community for effective maintenance of its well-being and a source of revival and rejuvenation in trying periods. In most circumstances in life, Muslims are urged to appoint a leader and follow him. For example, the Prophet (salallahu alayhi wa sallam) said: "It is not permissible for a group of three to be in a wilderness except that one of them is appointed leader over them. "(Ahmad)
According to the Prophet (salallahu alayhi wa sallam), Muslims must appoint a leader during a trip, select a leader to lead the prayer, and choose a leader for other group activities. Imam Shaukani (RAH) commenting on the statement of the Prophet (salallahu alayhi wa sallam) said: "This contains an evidence that it is sanctioned for every group of three or more to appoint one of them as the leader. If there is no leadership it could lead to destruction as each one will try to enforce his own opinion and will follow what is in accord with his own desire, and they will be destroyed. With proper leadership, differences will be lessened and voices will be united." (Nayl-ul-Awtar).
Aside from the issues focusing on the rights due to and from a leader, one of the most often discussed is the issue of the people deserving of authority. Who can be a ruler and who cannot? Who can be given a position of authority and who should be denied? Can a woman be voted for as the President of a country or Governor of a state?
Full Siblings
There is no doubt that women play a very key role within the Muslim community. Women and men are brothers and sisters as the Prophet (salallahu alayhi wa sallam) said: "Women are full siblings of men." (Ibn Asakir) The hadeeth is a profound statement that directly relates to the issue of human equality between the genders. All women and men are descended from the same original human being. It is thus obvious that women must fulfill their share of roles that Allah has given to mankind in this world. But do the roles of women include presiding over a country or governing a state? It is important to acknowledge that this issue has a lot of political undertones particularly against the backdrop of democratisation, clamour for gender equality and a state with a majority Muslim population throwing up a woman as a governorship aspirant.
To proceed however, we set out three basic principles. Three principles First, Islaam has its own intrinsic standard of judgement and it is not moderated by the tide of human opinions. Allaah says: "0 you who believe! Obey Allaah and obey the Messenger (Muhammad), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger, if you believe in Allaah and in the Last Day. That is better and more suitable for final determination." (Q4[Nisaa]:59)
The second is that the Muslim submits to whatever decisions the Shari'ah places before him regardless of whether his own desire or othersrun contrary. Allaah says: "It is not for the believer. men or woman, when Allaah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allah and His Messenger. he has indeed strayed in a plain error." (Q33[Ahzab]:36).
The third principle is that the Shariah has laid out different but complementary roles for both men and women. They are not roles where women compete with men and vice versa. Each has specific spheres of influence. Each is charged with what he/she is best suited for and none should have desire to act contrary to his/her divinely ordained roles. Allah says: "Wish not for things in which Allah has made some of you to excel others. For men there is reward for what they have earned, (and likewise) for women there is reward for what they have earned, and ask Allah of His Bounty. Surely, Allah is Ever All-Knower of everything." (Q4[Nisaa]:32)
Can a woman become the President?
A Khaleefah is the one who is in charge over a nation, state, or country whether he-is-called the king, the prime minister or the president. By whatever name the one who has the highest authority- in the land is called, the institution is one and the same. So can a woman take up that position?
Consensus Opinion
The general consensus of opinion amongst the scholars of the ummah is that a woman cannot assume the status of the khaleefah of the state. This position is premised on a number of evidences, both naql (textual) and aql (reasoning).
The first of the evidences is the statement of Allaah: "Ar-rijaalun qawwaamun alaan-nisaai bimaa fadh-dhalallaahu badahum ala bad wa bimaa anfaqu" "Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other. and because they spend (to support them) from their means." (Q4[Nisaa]:34). In the lexicon, there are many meanings to the word qawwamun(the plural of qawwam) amongst them: caretaker, director, manager, supervisor, custodian, the one who is obeyed etc. Allaah uses this word qawwamun which is an emphasis of the word qayyim.
This means that man is not just a mere caretaker, he is the strongest of the qayyim. There are two aspects mentioned by the verse as the reasons for the -preference-of men-over-women: because Allaah made one to excel the other and because they spend from their wealth.Impliedly, even If a man does not have the financial muscle with which to spend on hiswoman, he will still not lose his qiwwaamah over his woman because of the fadhlullah. (the favour of Allaah)
Refuting Opposing Views
Those who oppose the consensus and permit women to rule contend that this verse relates only to marriage and should therefore not be applied to the issue of the khaleeefah. This is a very weak argument because it lacks consistency, If this argument is extended, then none of the entire Quran would be binding on us since it was revealed for specific situation and to specific people.
The correct position is that which is consistent with the principles of Usool Fiqh that the ruling of averse is taken from the generality of its wording and not from the specificity of the reasons for its revelation: al-ibrah bi umoomillafdh laa bi khusoosi-sabab [the lesson or consideration is in the generality of the wording. not in its specific causeof legislation]. Tafseer of the Verse In explaining this verse. Imam ibn Kathir (RAH) said: "Allah says "Men are the protectors and maintainers of women" meaning that the man is in charge of the woman. i.e. he is the leader and head of the household. the one who disciplines her if she goes astray. because Allaah has made one of them to excel the otheri.e . because men are superior to women and are better than women. Hence Prophethood was given only to men, as was the position of khaleefah, because the Prophet (salallahu alayhi wa sallam) said: "No people shall ever prosper who appoint a woman as their ruler."(Bukhari)
The same applies to the position of qaadi (judge). etc. and because they spend (to support them) from their means refers to the mahr and the spending on womens maintenance that Allaah has enjoined upon men in His Book and in the Sunnahof His Prophet (salallahu alayhi wa sallam). So a man is inherently better than a woman. and he is superior to her because he spends on her. So it is appropriate that he should be in charge of her. As Allaah says. but men have a degree (of responsibility) over them (Q2[Baqarah]:228).
Ali ibn Abi Talhah said, narrating from Ibn Abbaas (RA): Men are the protectors and maintainers of women means that men are the leaders of women and they should obey them in areas where Allaah has enjoined obedience. Obedience may mean treating his family kindly and protecting his wealth." (Tafseer ibn Katheer,1/490)
Even in consideration that the verse was revealed only about the affair between a husband and a wife. if a woman cannot be the head of a home, how much more the head of an entire state! Second Evidence The second evidence is the hadeeth of Abu Bakrah (RA) where he said: "During the Battle of the Camel. Allaah benefitted me with a word I heard from the Prophet [salallahu alayhi wa sallam]). When the Prophet (salallahu alayhi wa sallam) heard the news that the people of Persia had made the daughter of Khosrau their Queen (ruler). he said. "Never will succeed such a nation as makes a woman their ruler." (Bukhari) This evidence is clear and incontrovertible but the proponents of the rulership of women contend with this hadeeth by casting doubts on its authenticity.
Particularly, questioning the reliability of the Companion who reported the hadeeth. Abu Bakrah (RA) making reference to an incident that happened during the khilaafah of Umar who ordered Abu Bakrah to be flogged for false testimony. They therefore reject the reliability of Abu Bakrah as a reporter of hadeeth. Refuting Opposing Views This is a very dangerous position because it directly questions the entire message of Islam by casting as persions on the reliability of the companions who brought this deen. This is unbecoming of a Muslim. First. the entire ummah of Muhammad is agreed upon the trustworthiness and truthfulness of the Companions and their khabar (narration) are al-together accepted Ibn Hajar said: It is the consensus of Ahlu Sunnah upon the fact that all the sahabas are udool (just and reliable) And no one contradicts this except very odd innovators." (AI-Fath). AI-Khaatib Baghdaadi (RAH) also said: "The trustworthiness of the sahabas is established. Well known with the approval of Allaahs statements about their purity. His choice of them (to accompany His Messenger). (See Q9: 100 and Q3: I I 0) (alkifaayah)
Other Refutations With regards to the incident of the flogging, Abu Bakrah was not guilty of false testimony but it was a case of one of the four witnesses being unsure of himself as explained by scholars. (Bidayatu Mujtahid) One of the ways a case of zina is established is a witnessing by four people who witnessed the act who must not contradict each other. Some questioned the hadeeth for the inconsistency of its prediction citing numerous women who have ruled over prosperous nations. Among those women rulers mentioned were Queen of Sheba (AI Naml: 28-44), Queens Radhia Sultana of Delhi and Shajaratul Durr of Egypt. Queen Victoria and Queen Elizabeth of England; Catherine the Great of Russia;Isabella of Spain, Margaret Thatcher, Indira Ghandi and Golda Mier. A Strange Thing Regarding the Queen of Sheba, when the bird (hoopoe) came back from its journey it reported to Prophet Suleiman (alayhi salaam) two strange things it witnessed from the people of Sheba: "I found a woman ruling over them", Second, "I found her and her people worshipping the sun instead of Allaah." (Q27[Naml]:24) Even a bird knew that it is a strange phenomenon for a woman to rule! Even then, she eventually submitted her sovereignty to Prophet Sulaiman(alayhi salaam)
Moreover, it will be a gross error if success is measured by the standard of GDP and other material indices. Certainly, this is not the definition of success in the Shariah. On the contrary, Allaah defines it clearly "Successful indeed are the believers ...These are indeed the inheritors. Who shall inherit the Firdaus (Paradise). They shall dwell the rein forever."(Q23[Muminun]:1-10). Success in Islam is far more sublime than material enjoyment. The Third Evidence The third evidence is adm daleel (absence of evidence) for the permissibility of women leading a community.
The matter of khilaafah is deeni (religious) and the foundation of acts of ibaadah is at-tawqeef (i.e. no one is permitted to do anything of worship unless there is an express permission by a text). It is clear from the text of the Quran, the Sunnah and the practice of the Companions that only men are given the position of authority. However, there is neither a text (of the Quran and Sunnah) nor a practice of the Companions indicating that a woman is entrusted with authority. Finally,a woman will not be given authority except that many restrictions of the Shariah will be contravened such as mixing with non-mahram male. Meanwhile, the Shariah requires a woman not to go out of her house except for a need. Allaah says: "And stay in your houses, and do not display yourselves like that of the times of ignorance. "(Q33[Ahzab]:33) All of these factors clearly defines that the Shariah has a definite role for the women which is suitable for them physically, psychologically and physiologically, These roles do not include leadership.
Can a woman become a governor?
Since the preponderance of evidence points to the fact that a Muslim woman cannot assume the overall authority of a country should it then be permissible for her to assume an authority lower than the overall ruler such as becoming a governor? Most of the scholars in the past and present have prohibited this based on the same evidence as above because there is a partial authority that is with her. Taking such a position also infringes on various rules of the shareeah part of which is sacrificing what is fardain (individual obligation) on her.
And Allah knows best.
This article was culled from the publications of Deen Communication Limited