Governance in fiqh | Siyasa shar'iyya and ahkam sultaniyya

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What siyasa shar'iyya covers

Fiqh does not stop at individual acts: it also treats public authority. This shelf gathers the works on the office of the ruler and his duties, the charge of the judge and the rules of evidence, public finance and taxation, hisba, treaties and relations with other states, and the application of legal punishments. An old field, and one largely taken up by contemporary studies in public law.

The reference works

Al-Ahkam as-sultaniyya by Al-Mawardi: the classical treatise on the organisation of power, office by office.
As-Siyasa ash-shar'iyya by Ibn Taymiyya: short, centred on the responsibility of the ruler and the exercise of justice.
Al-Kharaj by Abu Yusuf: public finance and taxation, in a treatise addressed to a caliph.
The works on qada: the appointment of the judge, procedure, testimony, oath, the burden of proof.
The contemporary studies in public law, including academic work on the constitution, citizenship and minorities.

Who this shelf serves

The student of law or political science working on these questions, the teacher who covers them in class, and the reader who wants to understand how the legal tradition thought about the state. It is not a shelf of individual practice: the chapters that concern daily life are in the worship and transactions shelves.

What to check

The editor on the classical texts, and the level, since some of the contemporary works here are theses with a heavy apparatus of notes. The year of publication on the comparative-law studies. And the volume count.

Related shelves

For the principles of deduction, Usul al-fiqh and qawaid. For the historical setting of these institutions, History of the caliphs and of Islam. For recent questions, Fatwas and contemporary issues. Overview: Fiqh.

Order and shipping

Real stock displayed, dispatch within 24 to 48 working hours, delivery to France, Europe and the rest of the world. Tell us whether your need is academic or for general reading: the level varies sharply on this shelf.

Who does this shelf actually serve?

The student of law or political science, the teacher who covers these questions, and the reader who wants to understand how the legal tradition thought about the state. It is not a shelf of individual practice: for daily life, see the worship and transactions shelves.

Is the level consistent on this shelf?

No, and that is the point to check. Classical texts such as Al-Ahkam as-sultaniyya call for a good command of legal Arabic, and some of the contemporary works are theses with a heavy apparatus of notes. The level is stated on each product page.

Is the fiqh of the judge included?

Yes: the appointment of the judge, procedure, testimony, oath, the burden of proof, and the works devoted to qada alone. It is the most concrete part of this shelf, and the one that interests students of comparative law.

Governance and siyasa shariyya