Ibn Farhun's al-siyasah al-shar'iyyah understanding

The concept of al-siyasah al-shar'iyyah entails making decisions and implementing policies in matters where there is no specific rule, with the aim of serving the interests of society without contradicting general principles. The understanding that distinguishes the writing of independent works on politics, starting with al-Mawardi and later dividing it with Ibn Taymiyyah, posits that prior to Ibn Taymiyyah, works in the field of politics encompassed a broader meaning, including constitutional and administrative law. However, after Ibn Taymiyyah, the term al-siyasah al-shar'iyyah was used in a narrower sense, specifically focusing on judicial and penal practices. This perspective has been continued by some scholars from the four Sunni schools of thought. Scholars such as Ibn Qayyim al-Jawziyya, Trabulsi, and Ibn Farhun wrote independent works on politics or dedicated specific sections in their works to it, utilizing the term al-siyasah al-shar'iyyah in a manner consistent with its narrower definition. This study aims to examine the relationship between the concepts of politics, punishment, judgement and evidence (bayyinah), particularly from the perspective of Islamic jurisprudence, using Ibn Farhun's work "Tebsıratu'l- Hukkâm." The study will highlight Ibn Farhun's distinctive views on the relationship between the judge (qadi) and the official responsible for addressing grievances (mazalim), deviating from the classical perspectives, and how this differentiation is reflected in both his political understanding and his work. Additionally, the impact of the shift in evidential reasoning after Ibn Taymiyyah and how it influenced Ibn Farhun, as well as the author's interpretation of this change, will be explored. Among the research's other objectives are to delineate the differences between Ibn Farhun's work and the concept of politics from the perspective of Islamic jurisprudence, to conduct a comparative analysis with Western literature, and to elucidate the functioning of the judiciary institution during the Mamluk period. Furthermore, the study aims to uncover the evolution of the judicial concept during and after Ibn Taymiyyah's era, the changes in this concept, its relationship with politics, and where Ibn Farhun stands in relation to this dynamic.