Abu al-Hasan Ali Ibn Muhammad Ibn Habib al-Mawardi known in Latin as Alboacen ( CE), was an Islamic jurist of the Shafi’i school most remembered for his works on religion, government, the caliphate, and public and constitutional law during a time of political turmoil. the Mu’tazila school of thought, the great (orthodox) Shafi’i jurist al-Subki (d. Al-Mawardi’s main political thought is embodied in his. Al-Ahham al-Sultaniyah. Only a small portion of the work is however devoted to political theory, the rest of . Mawardi, Abu al-Hasan al-. (d. ). Shafii jurist who wrote the most significant classical theoretical explanation of public law in relation to political theory.
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He discards the divine right of rule, for despite his anxiety for the restoration of sovereign power of Abbasid Caliphs, he nowhere supports their claim, or the claim of jurists to unchallenged obedience to the Head of the State.
Chapter Al-Mawardi | A History of Muslim Philosophy Volume 1, Book 3 |
He should punish those who snatch rights of the others. Imam must be male Muslims. The enforcement of criminal code of Holy Quran to ensure that the people do not outrage the prohibitions of God, and that the fundamental rights of men are not violated. According to Wafaa H. The Quran is silent polittical all these pertinent issues, because their meaning is ever changing with the historical evolution. No Absolutism in Caliphate: Al-Mawardi is not only to enumerate qualities for the office of the qazi but enumerates his powers and functions: Elected by the majority of the electorates or.
The recruitment or establishment department is to appoint state employees, to make their removal, transfer and promotion policies. This explains why he devotes only one-tenth of his book to the exposition of the theory of the Caliphate and uses the rest of his work to elaborate the detailed apparatus of government which hinges on the central authority of the Caliph. All messages made available as part of this discussion group including any bulletin boards and chat rooms and any opinions, advice, statements or other information contained in any messages posted or transmitted by any third party are the responsibility of the author of that message and not of CSSForum.
He may be deposed if he becomes morally degraded and his immoral acts are dangerous for the collectible interests.
Chapter 36: Al-Mawardi
This approach to the matter would explain the working arrangement finally reached by the Buyids and the Abbasid caliphs, later followed also by the more efficient Seljuqswhereby the military held actual power while recognizing the Caliph as the supreme head of government and receiving mawaardi him, in turn, recognition of their mundane authority.
It is to recommend measures to abolish lawlessness, mal administration and disturbance in a province. The electoral college shall consist of persons with the special qualifications: Al-Mawardi holds that the Holy Quran says nothing about this institution but it is the result of consensus.
Al-Mawardi omits the case when a debauch and licentious person is elected as Imam. The ruling Imam can nominate his successor. There is flexibility in Islam and thoughht issue has been left to the Muslims community to decide. A and also to the sudden collapse of the powerful Umayyads. The imam can appoint the Electoral college as well as the persons who may contest for the Imamate.
He explains various branches of government in the light of the teachings of the Holy Quran, hadiths and period of the pios caliphs. Fourthly, Muslim Abu Hanifa allows a non-Muslim judge if he is to handle those cases where there is no involvement of shariah.
Select Translation Selections include: Friday, August 20, Among the seven conditions which according to al-Mawardi must be fulfilled by a candidate, the seventh one, that is, the Quraishite descent is very important. The only authority above him is imam. The moral change is of two kinds: And because the jurists failed to get sufficient material in the Quran to construct thougut detailed political theory, they spent greater pains in exploring the Sunnah and the archives of early Islamic History to realize their purpose.
Ibn-e-Khaldoon The Umayyad made strenuous efforts and effected a practical compromise between monarchy thoight the original caliphate. Al-Mawardi says that the election of a less qualified person in the presence of a more qualified person is perfectly legal provided the former fulfills all the conditions of the Imamate. If there are a limited number of voters so, there will be more chance to elect the best one as imam.
The State shall enforce the Shariah as the fundamental laws of the state. The existence of two Imams contemporaneously is illegal. The Imam can easily nominate any suitable person as his successor, provided he does not happen to be his father or son. Al-Ahkam at-Sultaniyah Ordinances of Government 2. Emphasized the authority mawarrdi the caliph over that of the sultan in order to strengthen the caliph’s hand against military commanders ap held the power behind the throne.
Aits basic principle remained permanent and operative. The Abbasid Caliphs fetched the reign of the Islamic empire, killed these ideas altogether and the concept of the covenant was completely forgotten.
Female is not in position to become imam. Appointed as the chief judge over several districts near Nishapur in Iranand Baghdad itself, al-Mawardi also served as a diplomat for the Abbasid caliphs al-Qa’im and al-Qadir in negotiations with the Buyid emirs.
Therefore, he presents his theory of imamate within the limits of Shariah. It was this theory of nomination that cut at the very root of democratic ideals in Islamic polity.