In The Name of Allaah, The Most Merciful, The Bestower of Mercy.

Imaam as-Sadi [may Allaah have mercy upon him] said:

Indeed, the Islamic Sharee’ah has decided the issues of Siyaasah in the most complete manner (see footnote a), and it has guided to all that should be done when dealing with Muslims and others based on the best and most just system, and it has combined mercy and strength in the affair, between leniency and compassion, and mercy for the people whatever the circumstances may be. When that is not possible, then force is used wisely and justly, not with injustice and violence. Allaah [The Exalted] said:

إن الله يأمر بالعدل والإحسان وإيتاء ذي القربى وينهى عن الفحشاء والمنكر والبغي يعظكم لعلكم تذكرون وأوفوا بعهد الله إذا عاهدتم ولا تنقضوا الأيمان بعد توكيدها وقد جعلتم الله عليكم كفيلا

Verily, Allah enjoins Al-Adl (i.e. justice and worshipping none but Allah Alone – Islamic Monotheism) and Al-Ihsan [i.e. to be patient in performing your duties to Allah, totally for Allah’s sake and in accordance with the Sunnah (legal ways) of the Prophet in a perfect manner], and giving (help) to kith and kin (i.e. all that Allah has ordered you to give them e.g., wealth, visiting, looking after them, or any other kind of help, etc.): and forbids Al-Fahsha’ (i.e all evil deeds, e.g. illegal sexual acts, disobedience of parents, polytheism, to tell lies, to give false witness, to kill a life without right, etc.), and Al-Munkar (i.e all that is prohibited by Islamic law: polytheism of every kind, disbelief and every kind of evil deeds, etc.), and Al-Baghy (i.e. all kinds of oppression), He admonishes you, that you may take heed. And fulfill the Covenant of Allah (Bai’a: pledge for Islam) when you have covenanted, and break not the oaths after you have confirmed them, and indeed you have appointed Allah your surety]. [Surah An-Nahl. Aayaat 90-91]

So, Allaah commanded that justice is established with everyone, kind treatment and mercy for everyone, especially when dealing with relatives and those who have rights to be fulfilled. He forbade indecency and oppression in order to sanctify life, (and physical wellbeing), wealth, honor and rights, and He commanded the fulfillment and preservation of covenants, and warned against violating them. These affairs that are commanded and forbidden, some of them are clear and obvious, and every Muslim is commanded to adhere to them – neither given a choice in the matter nor any opposition allowed. Allaah [The Exalted] said:

وما كان لمؤمن ولا مؤمنة إذا قضى الله ورسوله أمرا أن يكون لهم الخيرة من أمرهم ومن يعص الله ورسوله فقد ضل ضلالا مبينا

It is not for a believer, man or woman, when Allah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allah and His Messenger, he has indeed strayed in a plain error. [Surah Al-Ahzaab. Aayah 36]

Allaah said: [فلا وربك لا يؤمنون حتى يحكموك فيما شجر بينهم ثم لا يجدوا في أنفسهم حرجا مما قضيت ويسلموا تسليما – But no, by your Lord, they can have no Faith, until they make you (O Muhammad ) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission]. [Surah An-Nisaa. Aayah 65]

Allaah said: [فإن تنازعتم في شيء فردوه إلى الله والرسول – (And) if you differ in anything amongst yourselves, refer it to Allah (i.e. the Book of Allaah) and His Messenger (i.e. go to the Messenger whilst he was alive and refer to his Sunnah after he has passed away]. [Surah An-Nisaa. Aayah 59]

Allaah said: [وما اختلفتم فيه من شيء فحكمه إلى الله – And in whatsoever you differ, the decision thereof is with Allah (He is the ruling Judge)]. [Surah Ash-Shooraa. Aayah 10]

All praise is due to Allaah, when this first affair is examined, you’ll find it to be in conformity with justice and wisdom, in agreement with the welfare of the people and repels corruption.

The second category are those matters that are ambiguous in their origin or in their application to reality, and the inclusion of matters in them has aspects about which it is unknown whether they are negated or affirmed in the Sharee’ah, to be sought after or shunned. So, with regards to these affairs, they (i.e. the rulers and scholars) have been commanded to establish consultation, look into them from all its aspects, contemplate the conditions and rules that depend on them, the goals and objectives that result from them, compare the welfare and disadvantages, and to give preference to the most upright among them. Allaah [The Exalted] said: [وشاورهم في الأمر – and consult them in the affairs]. [Surah Aal Imran. Aayah 159]

And Allaah stated about all the believers: [وأمرهم شورى بينهم – And they (conduct) their affairs by mutual consultation]. [Surah Ash-Shooraa. Aayah 38]

With regards to this matter, the Legislator has given more room in it after establishing the rules and foundations that are compatible with every time and place, no matter how circumstances change and advance. When the fundamental principles of the Sharee’ah are used when passing judgment on those those affairs that are of a general nature and the side issues linked to them, the affairs will become upright, the worldly and religious affairs are set right, the affairs of people are rectified, and evils and harms are repelled from them. However, this requires councils that bring together those sensible people who give sincere advice – the possessors of sober minds, broad intelligence, sound opinion and broad insight (that agrees with the Qur’aan and Sunnah), so that internal issues are examined one by one, a research that includes the aspects of the issue is carried out, the affairs perceive as they should be, a clear understanding of what they depends on, the means to attaining them if the intent is that they are to be pursued, a clear perception of the overall and partial benefits and welfare that will result from them, a study of the best and easiest way to obtain them, a study of the harmful issues that are to be repelled and tracing their causes and sources from which they emerge, resolving them as much as possible and then striving to eliminate them completely if possible; but if not possible, then at least reducing and lessening their evil outcomes. Allaah [The Exalted] said: [فاتقوا الله ما استطعتم – Fear Allaah as much as you can]. [Surah At-Taghaabun. Aayah 16]

Commentary: In this section, the author speaks about domestic and foreign politics – the relationship between the people of a nation and their dealings with other nations. He first mentioned the general rules and fundamental principles which the people of the Islamic faith must adhere to. Allaah said:

إن الله يأمر بالعدل والإحسان وإيتاء ذي القربى وينهى عن الفحشاء والمنكر والبغي يعظكم لعلكم تذكرون وأوفوا بعهد الله إذا عاهدتم ولا تنقضوا الأيمان بعد توكيدها وقد جعلتم الله عليكم كفيلا

Verily, Allah enjoins Al-Adl (i.e. justice and worshipping none but Allah Alone – Islamic Monotheism) and Al-Ihsan [i.e. to be patient in performing your duties to Allah, totally for Allah’s sake and in accordance with the Sunnah (legal ways) of the Prophet in a perfect manner], and giving (help) to kith and kin (i.e. all that Allah has ordered you to give them e.g., wealth, visiting, looking after them, or any other kind of help, etc.): and forbids Al-Fahsha’ (i.e all evil deeds, e.g. illegal sexual acts, disobedience of parents, polytheism, to tell lies, to give false witness, to kill a life without right, etc.), and Al-Munkar (i.e all that is prohibited by Islamic law: polytheism of every kind, disbelief and every kind of evil deeds, etc.), and Al-Baghy (i.e. all kinds of oppression), He admonishes you, that you may take heed. And fulfill the Covenant of Allah (Bai’a: pledge for Islam) when you have covenanted, and break not the oaths after you have confirmed them, and indeed you have appointed Allah your surety]. [Surah An-Nahl. Aayaat 90-91]

These two above verses contain the approach which a Muslim must apply in his (or her) dealings. And with regards these verses that contain commands and prohibitions, some of them are clear and obvious – issues that are clearly stipulated by way of text and there is no room for Ijtihaad in regarding them.

As for the other type regarding which there is no specific text, then room is given for ijtihaad. (see footnote b) So, one must return to the senior scholars and those scholars who are firmly grounded in knowledge in order that they derive the sound understanding regarding them. Allaah [The Exalted] said:

وَإِذَا جَآءَهُمۡ أَمۡرٌ۬ مِّنَ ٱلۡأَمۡنِ أَوِ ٱلۡخَوۡفِ أَذَاعُواْ بِهِۦ‌ۖ وَلَوۡ رَدُّوهُ إِلَى ٱلرَّسُولِ وَإِلَىٰٓ أُوْلِى ٱلۡأَمۡرِ مِنۡہُمۡ لَعَلِمَهُ ٱلَّذِينَ يَسۡتَنۢبِطُونَهُ ۥ مِنۡہُمۡ‌ۗ وَلَوۡلَا فَضۡلُ ٱللَّهِ عَلَيۡڪُمۡ وَرَحۡمَتُهُ ۥ لَٱتَّبَعۡتُمُ ٱلشَّيۡطَـٰنَ إِلَّا قَلِيلاً۬

When there comes to them some matter regarding (public) safety or fear, they make it known (among the people), if only they had referred it to the Messenger or to those charged with authority among them, the proper investigators would have understood it from them (directly). Had it not been for the Grace and Mercy of Allah upon you, you would have followed Shaitan (Satan), save a few of you. [Surah An-Nisaa. Aayah 83]

This shows that matters regarding public safety whose rulings are not clear, a scholar does not look at them on his own; rather he sits with other scholars for consultation, study the affair, examine the affair with insight and weigh up the affair based on the principles stated by the author. As for if the common people and the beginner students of knowledge enter into these matters of public safety and everyone gives a verdict, then chaos will ensue and the affairs of the people will end up in a state of confusion (right and wrong not distinguished). (1)

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Footnote a: Siyaasah

Allaah [The Exalted] said:

إِنَّ ٱللَّهَ يَأۡمُرُكُمۡ أَن تُؤَدُّواْ ٱلۡأَمَـٰنَـٰتِ إِلَىٰٓ أَهۡلِهَا وَإِذَا حَكَمۡتُم بَيۡنَ ٱلنَّاسِ أَن تَحۡكُمُواْ بِٱلۡعَدۡلِ‌ۚ إِنَّ ٱللَّهَ نِعِمَّا يَعِظُكُم بِهِۦۤ‌ۗ إِنَّ ٱللَّهَ كَانَ سَمِيعَۢا بَصِيرً۬ا
يَـٰٓأَيُّہَا ٱلَّذِينَ ءَامَنُوٓاْ أَطِيعُواْ ٱللَّهَ وَأَطِيعُواْ ٱلرَّسُولَ وَأُوْلِى ٱلۡأَمۡرِ مِنكُمۡ‌ۖ فَإِن تَنَـٰزَعۡتُمۡ فِى شَىۡءٍ۬ فَرُدُّوهُ إِلَى ٱللَّهِ وَٱلرَّسُولِ إِن كُنتُمۡ تُؤۡمِنُونَ بِٱللَّهِ وَٱلۡيَوۡمِ ٱلۡأَخِرِ‌ۚ ذَٲلِكَ خَيۡرٌ۬ وَأَحۡسَنُ تَأۡوِيلاً

Verily! Allah commands that you should render back the trusts to those, to whom they are due; and that when you judge between men, you judge with justice. Verily, how excellent is the teaching which He (Allah) gives you! Truly, Allah is Ever All-Hearer, All-Seer. O you who believe! Obey Allah and obey the Messenger (Muhammad), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger, if you believe in Allah and in the Last Day. That is better and more suitable for final determination. [Surah An-Nisaa. Verses 58-59]

Imaam Muhammad Ibn Saaleh al-Uthaymeen [may Allaah have mercy upon him] said, “The scholars say that the first verse was revealed regarding the rulers – that it is obligated on them to render back the trusts to those whom they are due and that when they judge between the people they do so with justice. And the second verse was revealed regarding those under the ruler’s authority, the armies and other than them- that it is obligated on them to obey the rulers who establish justice in their distributions, rulings, military expeditions and other affairs, except when they command one to commit an act of disobedience to Allaah, because there cannot be obedience to the creation in disobedience to Allaah. And if they differ in any matter, they should return to the book of Allaah and the Sunnah of His Messenger. If the rulers do not do this, then they are only obeyed in that which is in agreement with obedience to Allaah and His Messenger, their rights are fulfilled just as Allaah and His Messenger commanded and they are aided in righteousness and piety, but not in sin and transgression”. [An Excerpt from ‘As-Siyaasah Ash-Shar’iyyah 16-18. Slightly paraphrased]

Siyaasah is to look after the affairs of the citizens. It includes Islamic jurisprudence by way of which the rulers are facilitated with knowledge and understanding of the rulings related to looking after the affairs of the state and its set-ups. [At-taleeq Alaa As-Siyaasah Ash-Shar’iyyah. Slightly paraphrased. Page 5 by Imaam Muhammad Ibn Saaleh al-Uthaymeen]

Imaam Muhammad Ibn Saaleh Al-Uthaymeen [may Allaah have mercy upon him] said: What is intended by ‘Separation between religion and Siyaasah’ is that the ruler can do what he wants based on what he thinks is a means of fulfilling (responsibilities related to) affairs of the state, whether it agrees with Sharee’ah or not; or even if what he does is based on the judgement of the religion, because the meaning of separation is to distinguish between two things and give them specific definitions. Therefore, in relation to this, the ruler looks at what he considers to be beneficial even if it opposes the Sharee’ah. There is no doubt that this is a false and sinful statement, because the religion itself is Siyaasah and Siyaasah itself is the religion, but what we mean by Siyaasah is the Siyaasah that is based on equity and not oppression. The religion of Islaam came to bring about wellbeing [and upright conduct] for the people in their behaviour towards their Lord and between themselves. It establishes the Rights of Allaah, rights for the people- rights for parents, relatives, wives and the Muslims – in general. And even for non-Muslims, Islam has given them rights that are well-known to the scholars. It laid down the means and conditions for war and peace making, punishments for crimes – some of which are determined by way of specific texts and some are left to the jurisdiction of the ruler, as well as other affairs which clearly shows that Islaam in its entirety is Siyaasah. The root of this word Siyaasah is Saa’is and that is the person who is responsible for looking after the affairs of animals – fulfilling that which brings them wellbeing and repelling that which will harm them. This is Siyaasah. We find this meaning when we contemplate on affairs of the religion, and that Allaah has legislated – for the servants – things without which humans will not be able to establish [a fruitful, stable, orderly, safe] life, and forbade them from things that will corrupt their state of affairs – either affecting everyone or specific individuals. Therefore, in reality the entire religion is Siyaasah. And we are certain that anyone who separates Siyaasah from the Religion and establishes Siyaasah based on what he sees fit and what he forbids, then indeed his Siyaasah is corrupt, and it will cause more harm than good. If it rectifies one affair based on his limited [or deficient] opinions, then indeed it greatly corrupts from another angle. So, this makes it incumbent that one contemplates on the state of affairs of those who base their Siyaasah on their desires and opinions, and became distanced from the religion of Islaam, you will find -after contemplating – that either all that Siyaasah is corrupt or most of it, and that if it rectifies an affair from one angle, it corrupts from another angle. So, based on this, separation between Siyaasah and Religion is a sinful deed and it is obligated on the one who seeks to rectify himself and others that he does so only based on the religion of Islaam. [ https://binothaimeen.net/content/7366. Paraphrased]

How to Deal With Rulers

Umm Salamah [may Allaah be pleased with her] said that Allaah’s Messenger [peace and blessings be upon him] said, “There will be rulers from whom you will see both good and corruption. One who recognizes their evil and hates it will maintain his innocence, but one who is pleased with it and follows them will be sinful”. It was said, “Shall we not fight them?” He said, “No, as long as they pray”. [Saheeh Muslim 1854]. Read: https://www.abukhadeejah.com/the-tyranny-of-the-rulers-a-reason-for-rebellion/

Iyaadh Ibn Ghanam [may Allaah be pleased with him] said that Allaah’s Messenger [peace and blessings of Allaah be upon him], said, “Whoever wants to advise the one in authority, then he should not do so openly; rather he should take him by the hand and advise him in private. If he accepts the advice, then that is good. If he does not accept it, then he has fulfilled his obligation”. [Musnad Aḥmad 14909]

Imaam Abdul Azeez Bin Baaz [may Allaah have mercy upon him] was asked about the one who refrains from supplicating for the ruler, so he replied: “This is from the ignorance and lack of foresight of this person, because indeed supplicating for the ruler is one of the greatest acts of worship and righteous deeds. It is one of the acts of sincerity to the Allaah and sincerely wanting good for Allaah’s servants. When Tufayl Ibn Amr Ad-Dawsi [may Allaah be pleased with him] came to the Prophet [peace and blessings of Allah be upon him] and said to him, ”Daws (a well-known tribe of disbelievers) are doomed, they have disobeyed and been stubborn. Pray to Allah against them”. He said, ”O Allaah! Guide Daws and bring them here”. [Bukhaari and Muslim] So, Allaah guided Daws and they became Muslims. Therefore, a believer supplicates for the people to be blessed with good and the ruler is more entitled to it, because his rectification is a means of rectification for the Muslim nation. Supplicating for him is one of the most important supplications – one of the most important acts of sincerity to Allaah and sincerely wanting good for the Muslims, so one supplicates for him to be guided to the truth and helped upon that path, that Allaah grants him righteous companions, keeps him away from the evils of his soul and the evils of the people he sits with. Therefore, supplicating for him to be guided, blessed with the ability to do good, blessed with a righteous heart, blessed with good deeds and righteous companions, is one of the most important things to ask for and one of the most virtuous acts of worship. It has been reported from Imaam Ahmad [may Allaah have mercy upon him] that he said, ‘If I knew that I have one supplication that would be accepted, I would make it for the ruler’, and he reported this from Al-Fudayl Ibn Iyaadh [may Allaah have mercy upon him]”. [Majmoo Fataawaa 8/209]

Imaam Muhammad Ibn Saaleh Al-Uthaymeen [may Allaah have mercy upon him] said, “If you see something from the ruler that is in opposition to (the Qur’an and Sunnah), then supplicate to Allaah for him because their rectification is a means of rectification for the Muslim nation; but when we say, ‘O Allaah! Rectify the rulers and guide them’, we hear some of the foolish people saying, ‘O Allaah! Do not rectify them’. Glorified be Allaah, The Most Great! If Allaah does not rectify them, then that would be more evil for you, so supplicate for them to be guided and become righteous, and Allaah is able to do everything’”. [At-Ta’leeq Alaa As-Siyaasah Ash-Shar’iyyah page 452]

Imaam Al-Bayhaqqi [may Allaah have mercy upon him] said that Abu Uthmaan [may Allaah have mercy upon him] said, “Advise the ruler and supplicate for him a lot to be upright, guided in speech and action, and in his judgments, because indeed if they are righteous, the people will be righteous due to their righteousness. And beware of supplicating against them to be cursed and they increase in evil, so calamity increases on the Muslims; rather supplicate for them to be granted the ability to repent so that they abandon evil and calamity is removed from the believers”. [Shu’ab Al-Eemaan 6/26]

Imaam Ibn Salaah [may Allaah have mercy upon him] said, “The leaders of the Muslims deserve to be advised, aided upon truth and obeyed in that. They should be notified and reminded with gentle and kind speech, avoid rebelling against them and supplicate for them to be blessed with guidance and good deeds”. [Siyaanatu Saheeh Muslim 244]

Imaam An-Nawawi [may Allaah have mercy upon him] said, “The scholars hold a consensus that it is recommended to supplicate for the rulers and leaders of the Muslims during the Jumu’ah khutbah, that Allaah rectifies them, helps them to establish truth and justice, and what is similar to it, as well as supplicate for Muslim armies”. [Al-Majmoo 4/391]

Shaikh Abdullaah Abaa Batayn [may Allaah have mercy upon him] said, “The good supplication for the ruler during the khutbah is that one supplicates that Allaah rectifies and guides him, rectifies the affairs through him, aid him against the kuffaar and the corrupt people, as opposed to what is found in some of the khutbahs of praise and lies; rather the ruler is to supplicated for and not praised, especially when praised with something he does not possess”. [Durar As-Saniyyah 5/41]

Footnote b: Differing in Matters Where there is Room for Ijtihād Should not be Allowed to Damage our Unity―Ibn Taymiyyah and Al-Fawzān: https://abukhadeejah.com/differing-where-there-is-room-for-ijtihad-should-not-damage-our-unity/

[Ref 1: An Excerpt from 27mins 02secs to 45mins 26secs. https://www.al-badr.net/detail/hKHE35qsTg paraphrased]