Article 107
Every citizen who is adult and sane, has the right to be a member of the Ummah Council or the Provincial Council, whether they are male, female, Muslim or non Muslim; the non-Muslim member is restriced to raising complaints regarding the oppression of the rulers or the misapplication of the laws of Islam.
Any Muslim who holds the citizenship of the State, provided he is mature and sane, has the right to be a member of the Ummah Council, irrespective of whether they were male or female. This is because the Council of the Ummah has no mandate to rule and it does not come under the narration that prevents the woman from becoming a ruler. It is rather within the issue of consultation (Shura) and accounting, which is a right for both men and women. In the thirteenth year of the Messenger of Allah (pbuh)’s Prophethood, in other words, in the year he emigrated, there came to him seventy-five Muslims, among whom were two women, and they all gave him the Second Bay’a of Al- ‘Aqaba, which was a Bay’a of war and fighting and a political Bay’a. Once they had all given their Bay’a, he said to all of them:
. » أَخْرِجُوا إليَّ مِنْكُمُ اثْ نَيْ عَشَرَ نَقِيباً يَكُون ونَ على قَ وْمِهِمْ « .
“Choose from among you twelve leaders (naqibs) who will be responsible for themselves and their people.” This is part of a long narration reported by Ahmad through Ka’b Bin Malik and it is an order from him addressed to everyone, to elect from all who were present. He did not specify the men nor exclude the women, neither in regard to who would select nor to who should be selected. The mutlaq (unrestricted) rule should be taken as such, unless there is evidence that restricts it; and the ‘Aam (general) rule should also be taken as such, unless there is evidence that specifies it. In this case the speech was unrestricted and general. No evidence of specification or restriction has been reported, which indicates that the Messenger of Allah (pbuh) ordered the two women to elect the Naqibs, and gave them the right to be chosen as Naqibs from among the Muslims.