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From Issue: 732 [Read full issue]
Shariah-Oriented Policy
Siyasah shariah or Shariah-oriented policy is generally seen as an instrument of flexibility and pragmatism in Shariah, designed to serve the cause of justice and good government, especially when the rules of Shariah fall short of addressing certain situations or developments. Siyasah shariah means government in accordance with the goals and objectives of Shariah and in its widest sense applies to all government policies, be it in areas where the Shariah provides explicit guidelines or otherwise.
Essential harmony with the spirit of the Shariah may at times even justify a certain departure from its letter. This may be illustrated by many of the policy decisions of Umar b. al-Khattab, may Allah be pleased with him. In one such decision he refused to assign the fertile lands of Iraq as war booty to the warriors even though the Quran had clearly entitled the warriors to war booty (8:45). Change of circumstances also led the caliph Umar to impose zakah on horses despite the fact that the Prophet, peace be upon him, had exempted these animals from the payment of zakah. It is interesting to note that caliph Umar b. Abd al-Aziz in an effort to revive the early Sunnah, once again abolished the zakah on horses.
It is similarly reported that the third caliph Uthman b. Affan, validated the right to inheritance of a woman whose husband had divorced her in order to be disinherited. The husband's right to divorce was thus deemed prejudicial and therefore obstructed on the grounds, it would seem, of just siyasah.
The decision of Caliph Umar seem to stand in a class of their own and tend to represent the upper limits of siyasah. No other leader would appear to have surpassed the calibre and boldness of Umar's decisions in that they actually went against the clear text of the Quran. Many commentators have discussed and analysed them but no one has actually disputed the propriety and aptitude of those decisions.
Compiled From:
"Shariah Law - An Introduction" - Mohammad Hashim Kamali, pp. 225-231