Siyasa (governance under the law, in the Mawsu'a)

In language siyasa is the upkeep of a thing in the way that sets it right; it is used of training a beast, and of a ruler who commands and forbids his subjects. ¹ The technical sense has two meanings. The first is general and concerns the state and power: guiding people to what saves them and managing their affairs; the scholars also call it the rules of government (al-ahkam al-sultaniyya), legal government, or civil government. ² The second concerns penalties: an act by the ruler for a benefit he sees, even without a specific text. ³ Discretionary punishment (ta'zir) is narrower than siyasa; the benefit (maslaha) is its aim, which is to preserve the purposes of the law: religion, life, reason, progeny and property. ³

The Hanafis, Malikis and Hanbalis hold that the ruler may pursue siyasa in managing people's affairs and correcting wrongs, within criteria and rules, and that it is not confined to what the law states. ⁴ The Hanafis hold that siyasa falls under the rules of the law even without a specific text; the Maliki al-Qarafi holds that latitude for rulers in political rulings does not contradict the law. Ibn al-Qayyim warns against both those who forbid siyasa beyond the texts and those who think it licenses the ruler to punish by his whim. ⁴ The Shafi'is hold that siyasa must stay within the limits of the law, and say there is no siyasa except what agrees with the law. ⁵

Siyasa is divided into unjust, which the law forbids, and just, which shows the truth, removes wrongs, deters the corrupt and reaches the purposes of the law; the latter the law requires. ⁵ In the time of the Prophet ﷺ and the rightly guided caliphs rule and siyasa were one thing; the separation came when those in power ruled by desire. Ibn al-Qayyim holds that dividing the ways of judgement into law and siyasa is false, since siyasa is sound or unsound, and sound siyasa is a part of the law. ⁵

Good governance spreads security, lets people pursue their interests and property in peace, grows wealth, and strengthens religion. ⁶ Firm governance balances gentleness and severity, preferring gentleness and good admonition to punishment, and cares for the religious life of the people. Three things help most: sincerity to God and trust in Him, kindness to people, and patience under their harm. ^{6 10}

The first principle is the sovereignty of the law: the Qur'an affirms it in several places, judgement belongs to God alone, and reckoning in the hereafter rests on this law; the imam must follow what God revealed, which includes the sunna. ^{10 7} This does not deny the imam the regulations the state needs, since events are unlimited; that right is bound by not contradicting the texts or the principles of Islam, by serving the community, and by consulting jurists and experts. ⁷ The second principle is consultation, since rule is a trust and the imam must consult the learned and sincere scholars. ¹¹ The third is justice, the quality shared by all revealed messages; Umar said there is no leniency in it, near or far, and Ibn Taymiyya holds it obligatory for everyone in everything. ¹¹

Appointing an imam is a legal duty, is fixed by allegiance from the people who loose and bind, and the imam is bound by the rulings of the law and answerable for applying them in the affairs of the state. The jurists ground the imamate in the verse on the appointment of a khalifa in al-Baqara (30), in the report that three travellers should appoint one of them, which al-Haythami weakens in its chain, and in the view of al-Shawkani that appointing rulers is a communal obligation, agreed upon. ^{11 12}

Al-Mawardi and Abu Ya'la hold that the imam has two rights: obedience and support. Ibn Jama'a counts ten: obedience, sincere counsel, honour, alerting in heedlessness, guidance in error, warning of enemies, reporting the conduct of agents, aid, uniting hearts around him, and support. These rights are owed only while he obeys God and discharges his duties to the community. ^{12 13} The imam's duties are summarised in ten: keeping religion and spreading learning; guarding the land and internal order; hearing disputes and enforcing judgements; upholding justice; applying the prescribed penalties; the duty of jihad; building the land and easing livelihoods; collecting revenues without violence and spending them rightly; appointing trustworthy and expert agents; and overseeing state affairs personally. ^{13 14}

The imam cannot govern alone and appoints agents; the Prophet did so in Medina, appointed Attab ibn Asid over Mecca, and sent Mu'adh and Abu Musa to Yemen, and the caliphs followed this. The jurists agree that appointing agents is one of the imam's duties. ¹⁴ He appoints the fittest of people for religion, chastity, reason, truth, trustworthiness, firmness and capacity suited to the post, after examination and trial, and not by desire. He does not let an agent oppress, promotes the deserving, holds the offender to account, and removes one who fails in his duty when he cannot be corrected. A register of officials helps him oversee them. ^{15 8}

The treasury refers to the funds of public interest that reach the state; its kinds are treated under the entry on the treasury. ⁸ The imam must prepare the army and secure the funds it needs; he inspects the judges and asks trusted people about their conduct; and he appoints a just Muslim who knows the rules of zakat, which may be limited to collection without distribution. ^{8 16} An armed, organised group that rises against religion is apostate; one that rises against the imam is rebel (baghi). ¹⁶

Penalties are either fixed by the law (the prescribed penalties and retaliation) or left to discretion (ta'zir). Penal siyasa applies to a crime or wrong and is equivalent to discretionary punishment. The Hanafis hold that one who steals corpses does not suffer the penalty for theft, but his hand may be cut by way of siyasa if he is a habitual offender. ¹⁶ The Hanafis and Malikis hold that the ruler may imprison one known for crimes against persons or property even without a new offence, until he repents; 'Uthman imprisoned a thief of Banu Tamim until he died. ^{16 9}

It is reported that the Prophet discretionarily punished the effeminate men and ordered them expelled; Umar exiled a wine-drinker to Khaybar; and Nasr ibn Hajjaj was exiled when his beauty threatened the women of Medina. Exile of such people to a place where their corruption is safe is therefore permitted, and imprisonment if they are feared there. Ahmad holds this a preventive measure rather than a penalty. ⁹ Exile of an unmarried fornicator after his flogging is reported in the hadith of Zayd ibn Khalid; most jurists treat it as part of the penalty, the Hanafis as discretionary, of a length the ruler sees fit where there is public benefit, and the Hanbalis forbid imprisonment after the penalty, but allow it until repentance if he does not desist. ^{9 17} Some jurists allow killing by siyasa for certain crimes, see the entry on discretionary punishment. The jurists differ on who holds the right to impose a penalty by siyasa: the imam and his deputies, or the judge. ¹⁷