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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The Imam can appoint the Electoral College as well as the persons who may contest for the Imamate.
Muslim Political ThoughtAl-Mawardi – CSS Forums
The right of franchise is not enjoyed only by the people in the capital. Thught juridical opinion referred to above is that a blind person is unqualified to give witness or sit as a judge in polotical court of law; he is, therefore, much more unqualified to serve as the Head of the State.
The institution of Caliphate represents the mission of Hazrat Muhammad P. Hprovided you believe in God maawardi in the day of Judgment. Mwardi quotes from the Holy Quranto prove the wxistence of ministries. A state where there is no justice, such states ever fall.
It is the duty of the judge to apply hadoods. The appointment of honest and sincere men to the principal offices of State and to the treasure to secure thkught and effective administration and to safe-guard the finances of the State. Quranic Verses give us general principles i. Those who do not recognize the authority as absolute, justify their opposition by declaring that family considerations must not weight with the Caliph, who is bound by law to choose one who fulfills the conditions laid down for the holder of the office of the Imam.
The Imam can nominate two or more heirs apparent to succeed him one after the other. With the passage of time Itihad was also introduced.
Further, he made his treatise an inviolable document by reinforcing it with the argument of earlier historical practice, dating back to the time of the Prophet, and by basing it on the opinions of the leading jurists of Islam. But with all the good points that can be said about Al-Mawardi, he had one short-coming, he was not a political thinker, and hence could not evolve a philosophic conception of the state. The Muslim jurists, political thinkers, statesmen and diplomats invented a political theory which affected a superficial and sophisticated compromise between the two forces.
Al-Mawardi explains state administration in very detail. Arberry, first published ; The Qur’an, translated by M. Conceded the possibility of having more than one executive organ of political power, but insisted on the unity of ummah and on the symbolic unity of the office of caliph. But unfortunately it is under the cover of this pre-text that throughout the last 13 centuries, adventurers and self-seekers have striven to carve mawarfi political fortunes for themselves.
Duties and Factions of the Imam: Al-Mawardi was a well known judge of Baghdad. Al-Ahkam at-Sultaniyah Ordinances of Government 2. The Imam should personally look into and apprise himself of the affairs of his dominions so that yhought may himself direct the national policy and protect the interests of the people. He concluded many meanings: He was not only a distinguished judge but also a distinguished author.
Mawardi, Abu al-Hasan al-
If there are a limited number of voters so, there will be more chance to elect the best one as imam. Finance is to deal with dhimis. Luciani, Alger, ; E.
It is related that he did not publish any of his works in his lifetime. The consequences of the premature demise of the Republic of Madina were dire and far-reaching.
Hazrat Umar appointed a shura to elect imam. There was no written constitution as the modern constitutions.
Al-Mawardi – Wikipedia
When a person is duly elected as Imam the people should entrust him all the affairs and must mawxrdi him unquestioning obedience. Wisdom The candidates of Imamate should also fulfill certain conditions: This money should not be expended with extravagance or stinginess, and must not be either pre-paid or delayed.
Wazir is the powerful assistant of the a, to assist him in state administration. Most unfortunately, under the cover of this pretext, the second civil war of Islam was fought by the Umayyads, the Hashimites, and Zubayrites.
A judge should have the qualities: S could make his brother Haroon A. They resorted to the holy Quran and hadiths. In his book he quotes a Hadith. 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.
In the first case some scholars say the Imam must be elected by all the members of the Electoral College in all the cities. The Imamate is instituted by means of election. Imam is to provide guidance to the minister delegation. Other jurists and scholars are of the opinion that election must be held if there is only one candidate for it, for otherwise the Imam cannot acquires legal status.
He explains various branches of government in the light of the teachings of the Holy Quran, hadiths and period thoyght the pios caliphs. The above extreme opinion has been advocated by al-Mawardi to advance another important opinion given in the next section, where he discusses the case of two candidates equally qualified for the Imamate. The people could accept his opinion as well as reject it.
A detailed discussion of this will be taken up in the following pages. politkcal
Justice with all the conditions pertaining to it b. Others oppose this view and say that Abu Bakr was elected only by the citizens of Madinah. Lived and wrote during the politucal of political transition from Shii Buwayhids to Sunni Seljuks, which brought into question the type of leadership appropriate for Muslim communities.
And when the Imam has carried all these duties efficiently, the people must offer him two things, obedience and help.