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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
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UNIT 11: SIYĀSAH SHAR‘IYYAH

Meaning of Siyāsah Shar‘iyyah

Ibn Qayyim defined Siyāsah Shar‘iyyah as an act of giving benefit to mankind
and to avoid any harms being inflicted upon them, even if the action made
by the ruler was not specially mentioned by the Prophet SAW and revealed
by Allāh SWT. He quoted another scholar by the name Ibn ‘Aqil who observed
that “action through which the people are brought closer to prosperity is Siyāsah
Shar‘iyyah” (Source: Al-Ṭurūq al-Ḥukmiyyah fi al- Siyāsah Shar‘iyyah, Ibn
Qayyim).

Above all, Siyāsah Shar‘iyyah is always closely associated with government policy
as enunciated by Ibn Taymiyyah. (Siyāsah Shar‘iyyah, Ibn Taimiyyah).

Siyāsah Shar‘iyyah concerns the following matters:

a. Government decision should always be based on legal text, political
and economic consideration as well as custom.

b. Siyāsah Shar‘iyyah aims at securing benefit for the people in any
possible way though it is not provided in the texts.

c. Siyāsah Shar‘iyyah denotes administration and management of the
public affairs in harmony with Sharī’ah within an Islamic state with
the aims of securing public benefit and avoiding mischief.

“Rules and regulations by the government in the administration of state and
people’s affairs which actually in conformity with the spirit and general
principles of Sharī’ah and would realise the benefit for the society even
though there was no revelation in the Qur’ān or Sunnah approving that
action”
(Source ‘Abd al-Rahman Taj, Siyāsah Shar‘iyyah wal fiqh al-Islāmi)

As far as the implementation is concerned, it is about the institutionalisation
of Siyāsah Shar‘iyyah in respect of policies that observe the following:

a. In compliance with the objective of Sharī’ah in deciding any policies.

b. Any policies does not contravene the specific rulings of the Qur’ān
and Sunnah of the Prophet SAW.

c. The government policies should aim at facilitating or opening the
doors of mercy and beneficence to the people.