OTORITAS KEPALA NEGARA DALAM MENENTUKAN SUATU ‎KEBIJAKAN PERSPEKTIF SIYASAH SYAR’IYAH

Abstract

This study aims to examine the concept of authority of the State Leader in taking a policy from the perspective of SiyasahSyar'iyah. This is a conceptual study that examines the literature relating to the authority of the state leader in taking policy. The policy of a state leader can be considered void if it contradicts the texts which are qat'iy, both qat'iyyuaddilalah and qat'iyyuattsubut. A state leader may adopt a policy based on the principle of maslahat and not in conflict with detailed arguments. The head of state in taking a policy has fulfilled the spirit of the Islamic Law even though the conditions and places have changed when doing ijtihad. The legal provisions that are taken must include applied laws that are expressly explained by Islamic Sharia which must be carried out or abandoned.