Conditions for choosing the head of state: a comparative study between jurisprudence and the Somali constitution

Abstract

The idea of the research revolves around mentioning the conditions for choosing the head of state in the Somali’s constitution with comparison with the conditions mentioned in Islamic jurisprudence only. The research seeks to answer an important question, which is: What is the difference between what is required for a candidate for state presidency in the Somali constitution and what is required for a candidate for state presidency in Islamic jurisprudence? The research aims at collecting a number of conditions mentioned by both the constitution and Islamic jurisprudence, and comparing them.  The researcher took a statement of this according to the scientific method followed, which is the inductive method for the conditions stated, analysis and comment on them. The research reached results, namely: that the conditions mentioned by Islam are broader and more comprehensive than their counterparts in the Somali constitution, and they strongly enshrine the need for the ruler to be dedicated to serving this divine law, and the same thing is felt in a lighter way in the modern Somali federal constitution.

Keywords: conditions, choice, president, state, jurisprudence, and the Somali constitution