تولّي المرأة للوظائف الحكومية في الفقه الإمامي – الأمنية نموذجاً- عرض وتحليل

Women's Assumption of Government Positions in Jurisprudence – The Security Sector as a Model: Presentation and Analysis

Abstract
This thesis addresses, through research and analysis, the issue of women assuming governmental positions in Imami jurisprudence. It is one of the contemporary issues that has sparked significant debate in jurisprudential and social circles. The research aims to examine the position of Imami jurisprudence on women’s participation in executive and administrative positions, with a particular focus on positions of a security nature. This is done through reviewing established legal evidences and analyzing the opinions of Imami jurists both in the past and present, while shedding light on contemporary developments in this field. The research adopts a comparative inductive analytical methodology that combines description, analysis, and comparison between various jurisprudential opinions. It also employs the historical inductive method to trace the development of jurisprudential stances on this issue through the ages.
Within a purposeful framework, avoiding prior bias, the study concluded that there is no definitive legal text prohibiting women from assuming government positions. Although some jurisprudential evidences have stipulated specific positions such as judiciary and general guardianship, research found that jurists’ views within Imami jurisprudence regarding women holding such positions vary, and more contemporary sources agree on their participation in various governmental roles. This contributed to legal transformations in line with the needs of modern Islamic societies, and some jurists have developed opinions allowing broader participation of women in public work, if the conditions of legal qualification and public interest are met. The research concluded with a set of findings and recommendations, the most prominent of which are:
• Confirming that the criterion of competence and commitment to legal regulations is the basic standard in assigning positions, away from discrimination based on social gender.
• Calling for a rereading of legal texts related to the subject in light of the objectives of Sharia.
• The importance of benefiting from contemporary needs in this matter by jurists and building a scientific discourse around it.
• Calling for the preparation of an appropriate environment for women’s work in government positions, ensuring adherence to values and Islamic ethics.