MUHAMMED TC

Al-Mawardi
 Biography
 Full Name:Ali ibn Muhammad ibn Habib.
 commonly known by the nisba al-Mawardi.
 He was a Muslim scholar, jurist and philosopher.
 Al-Mawardi was born in c. 974 in Basra.
 he studied Islamic jurisprudence from jurist Abu al-
Wahid.
 After finishing studies, al-Mawardi was appointed aqda al-
qudat (supreme judge) of the Abbasid Caliphate.
 Al-Mawardi died at an old age in Baghdad in 1058.
 His works:
 al-Ahkam al-Sultaniyya w'al-Wilayat al-Diniyya (The
Ordinances of Government)
 Qanun al-Wazarah (Laws regarding the Ministers)
 Kitab Nasihat al-Mulk (The Book of Sincere Advice
to Rulers)
 Kitab Aadab al-Dunya w'al-Din (The Ethics of
Religion and of this World).
Al-Ahkam al-Sultaniyya w'al-Wilayat
al-Diniyya
(The Ordinances of Government)
Outline:
This book of the laws of governance and the various adminis-
trations relative to the deen is comprised of twenty chapters.
like as The contract of the Imamate, The appointment of wazirs,
The establishment of princesses in a country and The amirate of
jihad ...etc
 Context
Among the Muslim scholars the understanding of caliphate as a political
position changed over time. The caliphs of Umayyad and Abbasside
bloodlines were considered different for the first four rightly guided caliphs
{Abu-Bakr, Umar, Usman, Ali}. During these years, the jurists contemplated
whether the power emanating from the political and religious legitimacy can
be conferred on a single person. The clearest expression in the history of
Islam, about the caliphal absolutism from legal perspective was discussed by
al-Mawardi in his discourse al-Ahkam al-Sultaniyya w’al-Wilayat al-Diniyya
(The Ordinances of Government). This great work done by al-Mawardi laid
the foundation for the Abbasids and Buyids to work together.
 Definition of imam:
The Succession to the prophet in the defen
the faith and the administration of the wo
 Theory of Caliph/Imam

Institution of imam/caliph is important, according to Sharia, for Islamic state/Regime.

Imam through election. Electoral College with particular specifications to electImam.
Members of Electoral College will be the representatives of all areas of Islamicregime.
It’s mandatory that Imam belongs to Qureshi Tribe.
 Appointment of Imam
Two methods.

1 .

By election 2
 Election with consensus
of Electoral College Concept of succession in Imamate
 Ruling imam can nominate the other Imam as Hazrat
Umer by Abu Bak.
 Imam can appoint Electoral College to elect an Imam.
 Imam can nominate his heirs after him one after the other.
Qualification of electors:
Justice
 Knowledge
Wisdom
Religious learning
Know the qualification of an imam
Not act based on influence of money, reward, material things....etc
Qualification of imam:

Collective justice
Knowledgeable which enable him to make sound judgement.
Soundness of the sense in hearing, vision and speech.
Soundness of physical organs from any defect.
Judgement which is conducive to the rulling of the subject
Courage and bravery.
Qurayshite descendant.
Duties & Functions
1) To safeguard Religious laws
2) To prevail Justice in society.
3) Protect Islamic territory
4) Apply legal penalties: punishment for offences is meted out in
accordance with the prohibitions of Allah and to upheld the right
of the subject.
5) The defense of the frontiers against foreign invasions to guarantee
the security of life and property to Muslims and non-Muslims
both in the Islamic State.
6. The organization and prosecution of religious wars against those
who oppose the call of Islam or refuse to enter the protection of
the Islamic State as non-Muslims.
7. The imposition and collection of Kharaj and Zakat taxes In
accordance with the laws of the Shariah and the interpretation of
the jurists without resorting to extortion Or pressure.
8. The sanction of allowances and stipends from the state treasury
to those who are needy sick and poor and cannot afford to get
their wards educated.
9. Appointment sincere Advisor.
10.Oversee Affairs personally.
 Deposition of imam:

Change in his moral conducts : lost his sense of justice,

change in his faith.
Change in bodies: Loss mental ability and eyesight.
Loss of two hands.
Loss of personal ability to rule.
Delegation of power:

Wazir and Amir: ( Monsters and Governors)

Wazir : Who had general power over the provinces generally and were appointed over all affairs
without any special assignment.
Amirs: General power in specific provinces or district and had the right to supervise all affairs in the
particular provinces.
 Two Forms of Wazirat:
.

Delegation:
Full power to the holder on any task, but
cannot appoint the heir or to dismiss those
whom the imam appointed. He may appoint
deputy.
Execution:
Enjoy limited power; intermediary between the
imam and subjects. Might not appoint his
deputy. Might more than one.
Imarat: two types
Imarat al-istikfa
Imarat al-istila

 Imarat istikfa,' through an appointment by the

imam out of his own free will,
 Imarat istila,' an appointment forced on the imam
if one amir controls A province by force.
Functions:
 Maintain troops; fix and pay their allowances
 Oversee the administration of justice and appointment of
qadi.
 To levy kharaj an sadaqat
 Protect religion, prevent sacrilege, innovation and apostasy
 Exact legal penalties
 Lead prayers
 Arrange for pilgrimage
 Holy war
The Amirate of Jihad
The amirate of jihad is particularly concerned with fighting the mushrikun and it is of
Two Kinds:
A) That which is restricted to the administration of the army and the di- rection of war, in
which case the conditions pertaining to special amirate are applicable.
B) That in which all laws regarding the division of booty and the negotia- tion of the
peace treaties are delegated to the amir, in which case the conditions pertaining to
general amirate are applicable. Of all the authorities of governance this is the most
important with respect to its laws, and the most comprehensive with regard to its
sections and departments.