al-Turuq al-Hukmiyya fi al-Siyasa al-Shariyya
- Author died
- 751 AH
- Editions
- T al-Bayan · t Ataat al-Ilm
al-Turuq al-Hukmiyya fi al-Siyasa al-Shariyya (The Judicial Methods in Sharia Governance) is a legal treatise written by the Hanbali jurist Ibn al-Qayyim (691–751 AH / 1292–1350 CE), dedicated to Islamic judicial procedure, standards of proof, evidentiary law, and legitimate governance (al-siyasa al-shariyya) .
Background and Titles
The origin of the work lies in a legal inquiry sent to Ibn al-Qayyim from Tripoli among a collection of questions known as al-Masa'il al-Tarabulsiyyat (The Tripolitan Inquiries) . The questioner asked whether a judge or governing authority is permitted to issue rulings based on intuitive discernment (firasa), circumstantial indicators (qara'in al-ahwal), and probative marks (amarat), or whether judgments must be confined strictly to formal eyewitness testimony and voluntary confessions . Ibn al-Qayyim expanded his answer into an exhaustive standalone treatise .
The book is commonly referred to in classical bibliographies and manuscripts as al-Turuq al-Hukmiyya, while al-Mardawi cited it under the short title al-Siyasa al-Shariyya . In other writings, Ibn al-Qayyim appears to have referenced the text under the title al-I'lam bi-Ittisa' Turuq al-Ahkam (Notifying the Broad Scope of Judicial Avenues) .
Core Arguments and Themes
A primary objective of the work is redefining the legal conception of judicial proof (bayyina) . Ibn al-Qayyim argues that bayyina in the Quran and the Sunna denotes anything that clarifies and reveals the truth, rather than being rigidly restricted to two male witnesses or a formal confession . He critiques jurists whose strict procedural formalism rendered the Sharia seemingly incapable of protecting rights or curbing wrongdoing, which in turn prompted political rulers to introduce oppressive arbitrary measures outside divine law . He maintains that true Sharia governance consists of any measure that brings people closer to righteousness and further from corruption, asserting that wherever signs of justice and truth become apparent, that is where the law of God lies .
To justify the validity of circumstantial evidence and judicial acumen, the author marshals proofs from scriptural narratives—such as the tearing of Yusuf's shirt mentioned in the Quran—as well as legal precedents set by the Prophet ﷺ, the Caliph Umar ibn al-Khattab, and early judges known for their acumen, including Shurayh and Iyas ibn Mu'awiya .
Beyond evidential theory, the book covers a broad spectrum of administrative and practical legal topics:
- Evidentiary procedures: Rules governing oaths, circumstantial indicators, the interrogation and temporary detention of accused individuals, and the testimony of non-Muslims under specific conditions .
- Penal sanctions: The scope of discretionary penalties (ta'zir), including exile, fines, imprisonment, and capital punishment for unyielding corrupters or callers to religious innovation .
- Public order and market inspection (hisba): Market regulations, prevention of hoarding (ihtikar), price-fixing (tas'ir) when necessary to protect the public, auditing state officials, and upholding public morals .
Publication History
The treatise was first printed in Cairo in 1317 AH (1899 CE) . It has since appeared in several academic editions based on early manuscripts, including a critical edition prepared by Nayif ibn Ahmad al-Hamad under the supervision of Bakr Abu Zayd .
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