The Political Theory of Ibn Abd al-Salam and Its Reflection in His Fatwas

Abstract

Due to the recent momentum gained in studies of Islamic political thought, there has been a surge in articles, books, and article topics from various perspectives. Particularly, this new field, which has a profound relationship with Islamic jurisprudence (fiqh), holds significant importance in shedding light on the issues faced by contemporary Muslims. Especially, comparative studies between the past and present, and particularly those focused on personality-based political philosophy, which have gained more prominence in Western academia, are of great importance. This article investigates how a political theory can be derived from a work of fiqh through the lens of Ibn Abd al-Salam, and how this political theory manifests in real-life political and social issues. In this context, the artilce focuses on two works. The first is Al-Qawa'id al-Kubra. Through various means throughout the work, an integrated political philosophy regarding the issues of politics has been sought from the principles discussed. Additionally, it aims to demonstrate how a fiqh understanding centered on public interest (maslaha) and harm (mafsadah) influences political theory. The other work is Kitab al Fetâwâ. Through this compilation of fatwas, the extent to which the political philosophy derived from Kavâid has been adhered to is examined. Furthermore, fatwas frequently mentioned in reliable historical sources are analyzed in the article. The article also addresses many contemporary issues and explores how past issues manifest today. In addition, a comparison of Islamic law with other contemporary legal systems is conducted, providing an opportunity to view issues from broader perspectives.