A FEMALE LEADERS IN THE PERSPECTIVE OF ISLAMIC LAW AND LEGAL REGULATIONS

Abstract

Penghulu is a profession with the function and task of representing the Government in registering and supervising marriages. Then how women become rulers is seen in Islamic laws and regulations. This writing uses library research methods with a qualitative descriptive approach. The results of this discussion stated; First, from a juridical-normative perspective, if a woman is appointed as an upstream, her position will be questioned if she performs her duties as a guardian judge, which in fiqh must be male. Second, it is considered that there are still problems in entering the public sphere for women, such as supervising and registering marriages in mosques when they are impure and attending marriage contracts carried out outside the office and outside working hours. Then in PMA Number 20 of 2019 concerning Marriage Registration, it has been explained that both men and women can hold leadership. Likewise, the Regulation of the Minister of State Apparatus Empowerment Number 9 of 2019 concerning the Functional Position of Upstream also does not require that a male Penghulu hold the Penghulu.