Siyasah Syar'iyah

The technical meaning of Siyasah Shar’iyyah is that it is the understanding and guideline of rule that is created by the imam (leader), judge or authorities based on the Maqasid of Syar’iyyah (Objectives of Syariah) and do not contradict with the primary (Al-Quran and Sunnah) and also secondary sources in Islam to help them in manage ruling based on the syariah. It must be preserved, organized, established, purity. The Ijtihad that are to be made must be relevant to Islam and also make consideration of Maslahah. It must based on the way of Islam and fulfill the teaching of Islam in many aspects.

The legality of it is based of the aspects of the policies that is created by the imam (leader), judge or authorities must give benefits and advantages to the society as a whole without concern of any trick and wrong elements that is contradicts with the teachings of Shariah and also ruling of Shariah. The policies must be made with the reference of the sources of Islam and must be adherence of the command of prohibition of Allah. The Command must be follow and the prohibition must be avoided. Furthermore, the perseverance of Al-Quran As-Sunnah and secondary sources need to be look into well.

The ruling must be adherence to the current situation. Such as one of the leader when there is victory in war in Iraq do not separate the land to the Conquerors. In this, it is because in Al-Quran stated when it is victory the land have been separated by the imam to the conquerors, but at that time it is told that they are all poors. So because of the conquerors of Iraq is in wealthy condition so it is wise decision not to separate the land to them.

Another example is in the case of giving zakat to the Asnaf especially in the case for the people who come or converted to Islam (Muallaf). It is the real objectives of Zakat to distribute the Zakat to Muallaf to to help and appreciate them to purify their condition because when they come to Islam they do not have anything and also they have many problem occurred. The distribution actually to the Muallaf who had problem and maybe he will come back to their previous religion when they is in trouble. In case of wealthy and rich a person who is converted to Islam they should not get the Zakat contribution as they have fulfilled the wealth for their own. Furthermore, there maybe many others poor and needy people that should more get the zakat contribution.

The scopes of Siyasah Syar’iyyah in Maqasid As-Shariah that needs to be fulfilled in order to make the rulling or polices aspects are:

1. Dharuriyyah (Basic Necessities such as shelter, cloth, food, marriage)
2. Hajiyyat (Complementary aspects for example Dowry for marriage)
3. Tahsiniyyah (Desirable which means that it is want that can be fulfilled by the effort and luxury for example jewelery)

In aspects of state and also authorities or government, the first scope of Siyasah Syar’iyyah needs to be fulfilled and completed to all people in the country. If the aspects of basic necessities do not completed, the government should not go for the second and also third scope eventually. They need to make sure basic necessities of the people have been fulfilled. After that they can make anything possible to make the country developed in many aspects such as industrial and construction.

There are two ways to actually implement siyasah based on Imam As-Syatibi.

1. Subjective ways
2. Methodology ways

Based on the subjective ways there need to make sure that the ways must be on the context of definitive text, speculative text, command and prohibition, original objectives and also the establishment of the policy. Then within the methodology it is based on the causes, research and study of work. They are within the current situation (Maslahah) and also based on the customs of the shariah.

There are about five (5) thing must be preserved that is told by Fakhrudin Ar-Razi. The preservations are:

1. Preservation @ protection of religion.

2. Preservation of life,

3. Preservation of mind,

4. Preservation of wealth

5. Preservation of lineage.

One of imam adds from 5 to 6 preservation. He adds the aspects of dignity. This is because he said that the 5 preservations is not include the thing of punishable. But other scholar said that there should be more than 5 or 6 preservations.

When we said about the context of Al-Quran, there is an objective and means in the context itself. For example:

“When there is a calling for Salah (Jumaat prayer) then leave your sale”

The calling for salah itself is the objectives and leave your sale is the means.

In Al-Quran also there are definitive words and also speculative words. The definitive words cannot be argues for example Riba’. But in the speculative words we can make ijtihad based on it. Considerations of Maslahah need to be made to make sure that it is legitimate to the aspects of Islamic ruling.

Siyasah Syar’iyyah is statted at the time of the prophet itself when prophet make some ruling that is not in the Al-Quran. This is we call Sunnah. At the time of Khilafah the siyasah is implemented well.

The first writing of Siyasah As-Syariah had emerged has happen on the the writing of to Imam Ibn Taimiyyah then it has been passed to his student Ibn-Ashur. Many other scholars also had writing based on the Siyasah Syar’iyyah. There are many articles stated and talked about Siyasah Syar’iyyah such as Al-Ahkam fil Siyasah Syar’iyyah. Imam As-Syatibi.

The current and present scholar who has writing about the Siyasah in aspects of ruling is Syeikh Dr. Yusuf AlQardhawi. He demonstrates in his writing about how to make an effective ruling based on the siyasah.

The aspects of Siyasah As-Shar’iyyah are many. Based on Dr.Syeikh Yusuf Al-Qaradhawi in his writing (Al-Muwafaqat) he said that five elements must be adhered.

1. The fiqh of Objective Shariah (Maqasid As-Syar’iyyah)
2. The fiqh of Contemporary life
3. The fiqh of priorities
4. The fiqh of weighting and preference
5. The fiqh of combining/ balancing

There are many scholars talk and mentioned about it because to lead the mufti, Imam, leaders, authorities, policymakers and also individual to make them really understand how to make ruling that is in line syariah principle and also true ruling in Islam. They must make sure that all aspects of objectives of syariah have been fulfilled.

If there is no writing about it, then maybe people will make their own ruling that is just given advantages to them and do not care how the society react. It is also help the Muslim state in formulating Shariah oriented public policies.

In doing their applicatory Ijtihad, they need to know well how the siyasah is really based on the shariah. If not it will effect to the society as a whole. The ijtihad must not contradict to the primary and secondary sources. The perseverance of the ruling must not let a way to the legality and scope of syariah.

They must preserve the condition that that be mentioned. Consideration of Maslahah needs to be observed well in accordance to the syariah. But, the Ijtihad must be look into aspects of legal view. If the legal view has in it, then the Maslahah is not acceptable. The Maslahah can be considered when there is none legal view. I must give benefit to all.