Summary of the Concepts of Ahl al-Sunnah
Shariah-Compliant Governance (al-Siyasah al-Shar'iyyah)
Governance in Linguistic Terms
It denotes leadership and presiding over subordinates in a manner that secures their well-being.
Thus, it is fundamentally a relationship between a ruler and the ruled,
wherein the ruler attends to the best interests of the subjects.
In contemporary terminology, politics and governance have been defined in various ways;
perhaps the most comprehensive definition is the oversight of all state affairs, both internal and external,
so as to encompass both domestic and foreign policy.
In Islamic jurisprudence, governance is termed *al-Siyasah al-Shar'iyyah* (Shariah-compliant governance).
It is a reciprocal relationship between the guardian—namely, the leader and sovereign of the Muslims
or his authorized deputy—and the populace,
who constitute the general body of the Ummah and are obligated to obey their Muslim guardian in what is right, never in sin,
in exchange for his ruling them in accordance with the Shariah of Islam.
It may also be defined as the management of the Ummah's affairs and its religious and worldly interests, both domestically and abroad,
strictly in accordance with Islamic law.
The Relationship Between Shariah-Compliant Governance and the Universal Message of Islam
The message of Islam is universal in two distinct respects; the first is the universality of those to whom it is addressed,
as Allah the Exalted stated: "It is nothing less than a reminder to all the worlds,"
and He the Exalted said: "And We have not sent you except comprehensively to all mankind."
The second respect is the comprehensiveness of its system, encompassing every matter of both this earthly life and the life of the Hereafter.
He the Exalted said: "And We have revealed to you the Book as an explanation of all things,"
and He the Exalted said: "We have not neglected anything in the Book."
Shariah-compliant governance embodies these very same dimensions of universality:
it exists to look after the Ummah's affairs and its religious and worldly interests alike,
and it encompasses administering the Ummah’s internal affairs as well as its relations with all surrounding communities,
among which is inviting them to Islam and striving to bring them into the worship and servitude of the Lord of the worlds.
Hence, it was inevitable that Shariah-compliant governance be intrinsically bound to the message of Islam,
such that this divine message serves as its origin, foundation, and fountainhead.
The Sources of Shariah-Compliant Governance Versus Man-Made Politics
For governance to be truly Shariah-compliant, its authoritative sources must be exclusively derived from the sources of Islamic legislation itself:
first and foremost are the texts of divine revelation from the Book and the Sunnah,
followed by the scholarly consensus of the Ummah, and then scholarly deduction (ijtihad), which encompasses analogical reasoning (qiyas) and public interest (al-masalih al-mursalah).
In contrast, modern man-made politics derives primarily from human intellect,
which is fundamentally inseparable from ignorance, injustice, and personal caprice,
and is grounded essentially in the separation of religion from the state and from public life.
Thus, Shariah-compliant governance is a religious obligation, whereas contemporary politics is merely a secular, man-made constraint.
Characteristics of Shariah-Compliant Governance Versus Man-Made Politics
Shariah-compliant governance is characterized by foundational attributes, foremost of which are its divine origin, perfection, comprehensiveness, justice,
balance, the realization of mankind's worldly and otherworldly welfare, the aversion of harms from them,
and the establishment of ultimate servitude on earth to Allah, Glorious and Exalted is He.
On the other hand, contemporary man-made politics is characterized by detachment from divine revelation,
because it separates religion from the state and is built upon injustice, human whims,
and the dominance and subjugation of the weak by the strong,
as exemplified by the veto power held by the five permanent member states in the United Nations.
It is further marked by double standards, deceit, and cunning,
cloaking these grave injustices in the guise of pragmatic diplomacy, resolve, and security preservation.
Claims of Separating Religion from Politics and Governance: Past and Present
The claims advocating the separation of religion from politics and rule are ancient, not modern;
however, under tyrannical rulers in the Islamic Ummah after the era of the Prophethood and the Rightly-Guided Caliphate,
this separation was only partial and never absolute.
They generally applied the Shariah in governance;
yet whenever it conflicted with their self-preservation in power and threatened their thrones,
they would set the Shariah aside and do whatever secured their royal dominion,
claiming: "This falls under the purview of statecraft (siyasah),
and the affairs of the subjects cannot be properly maintained without it;
were we to entrust them solely to the strict letters of the Shariah, their affairs would be ruined."
Today, however, secularists and liberals
separate religion from politics and governance completely and unequivocally,
relegating religion to a mere private relationship between an individual and their Lord,
confined entirely to the mosque or the church,
asserting that religion has no bearing whatsoever on public life outside houses of worship.
Such is their baseless claim.
This concept was established and entrenched in the wake of the French Revolution,
when the people revolted against the Church and its unjust domination over their lives,
thereby emerging with this false notion.
Today, hypocrites within the Islamic Ummah from among the secularists and liberals,
along with those who adopt their path, implement this deviation across Muslim lands,
frequently echoing well-known slogans in support of it,
such as: "No religion in politics, and no politics in religion,"
and: "Religion belongs to Allah, but the homeland belongs to everyone,"
among other such adages.
Those Entitled to Exercise Shariah-Compliant Governance and Their Requisite Attributes
Those entitled to exercise Shariah-compliant governance are the legitimate authorities (wulat al-amr),
whom the subjects are obligated to obey in what is good, but never in disobedience to Allah.
Allah the Exalted said:
“O ye who believe! Obey Allah, and obey the messenger and those of you who are in authority; and if ye have a dispute concerning any matter, refer it to Allah and the messenger if ye are (in truth) believers in Allah and the Last Day. That is better and more seemly in the end.” (4:59)
“O ye who believe! Obey Allah, and obey the messenger and those of you who are in authority; and if ye have a dispute concerning any matter, refer it to Allah and the messenger if ye are (in truth) believers in Allah and the Last Day. That is better and more seemly in the end.” (4:59)
"If you believe in Allah and the Last Day;
that is the best [way] and best in result."
And He the Exalted said:
“And if any tidings, whether of safety or fear, come unto them, they noise it abroad, whereas if they had referred it to the messenger and to such of them as are in authority, those among them who are able to think out the matter would have known it. If it had not been for the grace of Allah upon you and His mercy ye would have followed Satan, save a few (of you).” (4:83)
“And if any tidings, whether of safety or fear, come unto them, they noise it abroad, whereas if they had referred it to the messenger and to such of them as are in authority, those among them who are able to think out the matter would have known it. If it had not been for the grace of Allah upon you and His mercy ye would have followed Satan, save a few (of you).” (4:83)
“And if any tidings, whether of safety or fear, come unto them, they noise it abroad, whereas if they had referred it to the messenger and to such of them as are in authority, those among them who are able to think out the matter would have known it. If it had not been for the grace of Allah upon you and His mercy ye would have followed Satan, save a few (of you).” (4:83)
What is meant by "those in authority" in these two verses
are the scholars and the rulers,
as well as their representatives, including judges, regional governors,
consultative councils (Shura), and Shariah boards,
along with anyone possessing legitimate Shariah authority over the people.
Based upon this,
it is a grave deception to apply the title of "guardian of authority" to contemporary tyrants (tawaghit)
who rule by other than what Allah has revealed
and ally themselves with the enemies of Allah.
Just as legitimate rulers have the right to the subjects' obedience in good,
they themselves are under the strict duty to obey Allah and His Messenger in everything they command,
and to govern the people by the Shariah of Islam.
Ibn Taymiyyah said:
"Rulers and scholars
have specific areas where obedience to them is obligatory,
yet they too are obligated to obey Allah and the Messenger in whatever they enjoin.
Thus, both guardians and subjects, leaders and subordinates,
must each obey Allah and His Messenger in their respective stations,
adhering faithfully to the divine law that He has prescribed for them."
Obedience is exclusively in that which is right and lawful, never in sin.
Regarding the words of Allah the Exalted:
“O ye who believe! Obey Allah, and obey the messenger and those of you who are in authority; and if ye have a dispute concerning any matter, refer it to Allah and the messenger if ye are (in truth) believers in Allah and the Last Day. That is better and more seemly in the end.” (4:59)
“O ye who believe! Obey Allah, and obey the messenger and those of you who are in authority; and if ye have a dispute concerning any matter, refer it to Allah and the messenger if ye are (in truth) believers in Allah and the Last Day. That is better and more seemly in the end.” (4:59)
"If you believe in Allah and the Last Day;
that is the best [way] and best in result,"
He repeated the imperative command to obey alongside the mention of the Messenger, peace and blessings of Allah be upon him,
to signify that obedience to the Messenger, peace be upon him,
is inseparable from obedience to Allah the Exalted.
Yet He did not repeat the verb "obey" before "those in authority,"
thereby indicating that obedience to them is conditional:
it is required only when it constitutes obedience to Allah and His Messenger.
As for anything involving disobedience to Allah and His Messenger,
no obedience is owed in that instance whatsoever,
for there is no obedience to a created being in disobedience to the Creator.
When an unlawful act is commanded, the duty is to reject it.
And whenever a dispute arises regarding any matter,
the obligation is to refer it back to Allah and the Messenger,
as explicitly stated in the verse;
what is intended here
is seeking arbitration through the Book of Allah and the Sunnah of His Messenger, peace and blessings of Allah be upon him.
The verse made this referral a prerequisite of true faith:
"If you believe in Allah and the Last Day."
This demonstrates that whoever refuses to refer disputed matters back to Allah and His Messenger
is not truly a believer,
but rather a believer in false authorities (al-taghut),
as stated in the verse that immediately follows:
“Hast thou not seen those who pretend that they believe in that which is revealed unto thee and that which was revealed before thee, how they would go for judgment (in their disputes) to false deities when they have been ordered to abjure them? Satan would mislead them far astray.” (4:60)
"in what was revealed to you and what was revealed before you,
“Hast thou not seen those who pretend that they believe in that which is revealed unto thee and that which was revealed before thee, how they would go for judgment (in their disputes) to false deities when they have been ordered to abjure them? Satan would mislead them far astray.” (4:60)
“Hast thou not seen those who pretend that they believe in that which is revealed unto thee and that which was revealed before thee, how they would go for judgment (in their disputes) to false deities when they have been ordered to abjure them? Satan would mislead them far astray.” (4:60)
and Satan wishes to lead them far astray."
The first verse also emphatically affirmed
the validity and profound goodness of referring back to Allah and the Messenger,
stating: "That is the best [way] and best in result."
The Relationship Between Politics and Administration
In our modern world, administration and management
have occupied a substantial part of human thought,
to the extent that it has become an independent science.
Specialists describe four core processes
inherent to any administration:
planning, organizing, executing,
and follow-up and evaluation.
The manager is the primary person responsible
for implementing these four processes,
whether executing some of them personally
or delegating them to the working team
that he establishes.
The domains of administration are manifold,
encompassing the administration of societies,
the management of corporations and institutions,
project management, and personal self-management,
among others.
From the aforementioned definition of Shariah-compliant governance,
it becomes evident that it is effectively the administration of the Ummah,
or, as termed in modern discourse,
the administration of societies.
Therefore, it must likewise realize
the four core processes inherent
to any sound administration.
The ruler is the primary person responsible for that,
assisted by his supporting administrative apparatus.
However, we emphasize here the imperative that
all of this must conform strictly to the methodology and Shariah of Allah,
adhering to the Book of Allah
and the Sunnah of His Messenger, peace and blessings of Allah be upon him,
without contradicting either of them in any aspect
of these administrative processes.
Moderation in Administration and Governance
Our interest in administration and politics should not sweep us
toward excess and extremism
regarding the theoretical aspect of the matter,
causing leaders to drown in theoretical planning and intellectualization,
such that days and months pass by,
and indeed years,
while they remain absorbed in theorizing and research,
constantly hesitating and taking one step forward and one step back.
This paralyzes them from practical action,
and favorable opportunities slip away from them
without being seized.
Even if such individuals manage
to transition from the realm of planning and theorizing
into the sphere of practical execution,
you find them becoming bogged down in over-organizing the work
and establishing meticulous, rigid procedures,
which are often merely superficial formalities
that serve only to obstruct the work.
Conversely, the preceding warning should not drive us
to belittle the value of administration and organization,
or to dismiss any organized, well-studied effort
as an act of partisan innovation (bid'ah),
leading to the neglect of planning and analysis
and rushing into action without any preparation.
This causes chaos to erupt,
results in blunder and confusion,
and inevitably leads to the squandering of time and resources
to no avail;
rather, it drives regression
and returns the Ummah to backwardness.
Hence, there must be a balanced, moderate approach
toward planning and organization,
coupled with decisiveness in execution, follow-up, and evaluation.
The Codification of Islamic Law
Codification is the drafting of rulings governing civil and commercial transactions
into numbered legal clauses modeled after
Man-made laws.
This process began in the late
Ottoman Caliphate,
when the Sultanate observed the decline in the scholarly competence of judges
alongside an increase in novel cases and incidents
not explicitly addressed in the traditional books of fiqh,
resulting from the mixing of the state's subjects
with foreigners from neighboring nations.
Consequently, a committee of scholars was formed
to draft a civil code
derived from Hanafi fiqh,
wherein rulings were codified into numbered articles
modeled after foreign legal systems,
yet organized according to the thematic chapters and categories of fiqh.
They published this work periodically
in a gazette named the *Majjalah al-Ahkam al-'Adliyyah* (the Ottoman Courts Manual).
The committee began its work in the year
corresponding to
and the final issue of the journal was published
in the year
corresponding to,
meaning that the project spanned seven years.
The total number of articles in the *Majallah* reached
one thousand eight hundred and fifty-one articles.
Despite the soundness of purpose and good intentions behind this endeavor,
it nonetheless entails serious harms and pitfalls,
some of which are severe and cannot be overlooked.
The Pitfalls of Codifying the Sharia:
Among the foremost perils of codifying the Sharia are:
First:
the further weakening of judges and jurists,
and the inhibition of ijtihad (independent legal reasoning) in seeking the intent of Allah
and His Messenger in legal matters,
due to the complete reliance on codified legal articles and binding adherence to them.
Second:
opening the door for unqualified individuals who are not scholars
to enter the domain of governance and the judiciary,
relying solely on applying the written code
without any need—according to their claim—to study the Sharia.
This went so far that we witnessed civil and military judges
who had never studied Islamic fiqh
and possessed no qualification for legal reasoning ruling over cases.
Third:
compelling the people to follow a single opinion on an issue—
the one codified into the law—
even though it might be deemed a weaker opinion
among the discerning, verified mujtahid scholars.
Fourth:
it can serve as a conduit for introducing secular, man-made laws
in place of the rulings of the Sharia.
The Pledge of Allegiance (Bay'ah):
The bay'ah is a contract between the subjects—
or those who represent them—
and the ruler, to whom the subjects entrust,
by virtue of this contract,
his leadership and governance over them
to serve their religious and worldly welfare.
In return, they obligate themselves
to listen and obey him in what is good, not in disobedience to Allah.
Thus, like any contract,
it possesses three foundational pillars:
and the subject matter of the contract.
If the subject matter of the contract is entirely lost,
the contract is rendered null and void.
Accordingly,
there is no legitimate authority for one who wastes and combats religion,
and sets aside the Sharia of Allah from governance.
A pledge of allegiance is invalid without genuine choice,
which ultimately belongs to the Ummah,
represented by those who loose and bind (Ahl al-Hall wal-'Aqd),
who are the people of sound counsel and consultation among them.
They select the ruler whose pledge of allegiance is legally valid in the Sharia,
one who possesses piety and righteousness,
along with competence and strength.
It is not permissible to grant authority to a disbeliever or a wicked transgressor (fasiq) from the outset;
however, if someone who is a fasiq assumes power,
or if transgression arises in him after assuming power,
his authority remains in effect
and praying behind him is valid,
so long as he does not command the nullification of religion and the Sharia of Allah.
As for the disbeliever, or one who apostatizes into disbelief,
he possesses no valid authority or leadership whatsoever.
Allah the Exalted said:
“Those who wait upon occasion in regard to you and, if a victory cometh unto you from Allah, say: Are we not with you? and if the disbelievers meet with a success say: Had we not the mastery of you, and did we not protect you from the believers? - Allah will judge between you at the Day of Resurrection, and Allah will not give the disbelievers any way (of success) against the believers.” (4:141)
"and never will Allah grant the disbelievers over the believers a way [to overcome them]."
Consultation (Shura):
Shura is seeking the counsel and opinion of others,
and it is a defining characteristic of the Ummah of Islam.
Allah the Exalted said:
“And those who answer the call of their Lord and establish worship, and whose affairs are a matter of counsel, and who spend of what We have bestowed on them,” (42:38)
"and whose affair is [determined by] consultation among themselves,
and from what We have provided them, they spend."
It is recommended at every level of leadership,
whereby a leader consults those under his command
in matters wherein he requires their advice;
and the highest and most important form
is consultation between the ruler and the ruled.
Allah the Exalted said:
"And had you been severe and harsh-hearted, they would have broken away from about you.
So pardon them and ask forgiveness for them and consult them in the matter."
“It was by the mercy of Allah that thou wast lenient with them (O Muhammad), for if thou hadst been stern and fierce of heart they would have dispersed from round about thee. So pardon them and ask forgiveness for them and consult with them upon the conduct of affairs. And when thou art resolved, then put thy trust in Allah. Lo! Allah loveth those who put their trust (in Him).” (3:159)
“It was by the mercy of Allah that thou wast lenient with them (O Muhammad), for if thou hadst been stern and fierce of heart they would have dispersed from round about thee. So pardon them and ask forgiveness for them and consult with them upon the conduct of affairs. And when thou art resolved, then put thy trust in Allah. Lo! Allah loveth those who put their trust (in Him).” (3:159)
How Shura Is Implemented in the State:
There is no rigid, specific mold
for the precise structure through which shura is conducted;
rather, it is left to every environment and era,
according to the suitable forms and organizations,
such as consultative assemblies (majalis al-shura)
and various advisory bodies,
provided that the consultation does not violate the Sharia of Allah.
Thus, shura is an established principle within the creed of the believers,
not something generated merely by administrative structures;
rather, these structures
are merely means to implement this noble principle.
First and foremost, there must be believing Muslims
with steadfast faith in their creed,
committed to the fundamentals of the Sharia and its rulings,
so that through them, via suitable mechanisms of consultation,
the envisioned Islamic governance may be realized.
Shura does not mean hesitation and procrastination in decision-making;
rather, it must be followed by resolve and reliance upon Allah in executing its outcome.
Allah the Exalted said:
"And consult them in the matter.
“It was by the mercy of Allah that thou wast lenient with them (O Muhammad), for if thou hadst been stern and fierce of heart they would have dispersed from round about thee. So pardon them and ask forgiveness for them and consult with them upon the conduct of affairs. And when thou art resolved, then put thy trust in Allah. Lo! Allah loveth those who put their trust (in Him).” (3:159)
“It was by the mercy of Allah that thou wast lenient with them (O Muhammad), for if thou hadst been stern and fierce of heart they would have dispersed from round about thee. So pardon them and ask forgiveness for them and consult with them upon the conduct of affairs. And when thou art resolved, then put thy trust in Allah. Lo! Allah loveth those who put their trust (in Him).” (3:159)
Consultation nurtures both the ruler and the ruled.
In consultation between the ruler and the ruled,
shura between the shepherd and the flock provides an education and refinement for both:
the ruler trains himself to consult his subjects and avoid autocratic tyranny,
while the subjects are trained to participate in decision-making
and to shoulder the consequences and responsibility of its outcome.
The Autocrat’s Circumvention of Shura:
A ruler's pretext of consultation
with those he already knows will agree with him is not true shura.
The autocratic ruler consults only when he knows they will agree with him,
but acts tyrannically on his own decision whenever he suspects they will disagree.
Between Governance and Worship:
Worshipping Allah is an individual responsibility
that requires no permission from a ruler or a regime.
As for a ruler's interference in people's worship of their Lord,
and conditioning it upon obtaining a permit and license from him beforehand,
that is the conduct of Pharaoh,
just as Pharaoh said to the magicians when they believed in the Lord of Moses, peace be upon him:
"You believed him before I gave you permission?
Indeed, he is your leader who has taught you magic, so you will surely know."