Jump to content
Main menu
Main menu
move to sidebar
hide
Navigation
Main page
Recent changes
Random page
Help about MediaWiki
Search
Search
Create account
Log in
Personal tools
Create account
Log in
Pages for logged out editors
learn more
Contributions
Talk
Editing
Political aspects of Islam
(section)
Page
Discussion
English
Read
Edit
Edit source
View history
Tools
Tools
move to sidebar
hide
Actions
Read
Edit
Edit source
View history
General
What links here
Related changes
Special pages
Page information
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
===Sharia and governance (''siyasa'')=== {{Main|Siyasa}} Starting from the late medieval period, Sunni fiqh elaborated the doctrine of ''siyasa shar'iyya'', which literally means governance according to [[sharia]], and is sometimes called the political dimension of Islamic law. Its goal was to harmonize Islamic law with the practical demands of statecraft.<ref>{{Cite encyclopedia|author1=Bosworth, C.E.|author2=Netton, I.R. |author3=Vogel, F.E.|title=Siyāsa |year=2012 |encyclopedia=Encyclopaedia of Islam |edition=2nd|publisher=Brill |editor1=P. Bearman|editor2= Th. Bianquis|editor3= C.E. Bosworth|editor4= E. van Donzel|editor5= W.P. Heinrichs|doi=10.1163/1573-3912_islam_COM_1096}}{{subscription required}}</ref> The doctrine emphasized the religious purpose of political authority and advocated non-formalist application of Islamic law if required by expedience and utilitarian considerations. It first emerged in response to the difficulties raised by the strict procedural requirements of Islamic law. The law rejected circumstantial evidence and insisted on witness testimony, making criminal convictions difficult to obtain in courts presided over by ''[[qadi]]s'' (sharia judges). In response, Islamic jurists permitted greater procedural latitude in limited circumstances, such as adjudicating grievances against state officials in the ''[[mazalim]]'' courts administered by the ruler's council and application of "corrective" [[Tazir|discretionary punishments]] for petty offenses. However, under the [[Mamluk Sultanate (Cairo)|Mamluk sultanate]], non-qadi courts expanded their jurisdiction to commercial and family law, running in parallel with sharia courts and dispensing with some formalities prescribed by fiqh. Further developments of the doctrine attempted to resolve this tension between statecraft and jurisprudence. In later times the doctrine has been employed to justify legal changes made by the state in consideration of [[Maslaha|public interest]], as long as they were deemed not to be contrary to sharia. It was, for example, invoked by the Ottoman rulers who promulgated a body of administrative, criminal, and economic laws known as ''[[Qanun (law)|qanun]]''.<ref>{{cite encyclopedia|author=Yossef Rapoport|title=Political Dimension (Siyāsa Sharʿiyya) of Islamic Law|encyclopedia=The Oxford International Encyclopedia of Legal History|publisher=Oxford University Press|location=Oxford|year=2009|isbn=978-0-19-513405-6|url=http://www.oxfordreference.com/view/10.1093/acref/9780195134056.001.0001/acref-9780195134056-e-635|editor=Stanley N. Katz}}{{subscription required}}</ref>
Summary:
Please note that all contributions to Salaafipedia may be edited, altered, or removed by other contributors. If you do not want your writing to be edited mercilessly, then do not submit it here.
You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource (see
Salafipedia:Copyrights
for details).
Do not submit copyrighted work without permission!
Cancel
Editing help
(opens in new window)
Toggle limited content width