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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Al-Mawardi holds that the election of a less qualified in the presence of a more qualified is valid if the elected one fulfills the requisites qualification. The Imam cannot withdraw the nomination until there occurs in this heir-apparent some important change which legally invalidates hint.
Hazrat Umar appointed a shura to elect imam. He discards tyrannical attitude of the sovereign. Qawanin-ul-Wazarat Laws of the Ministry 4.
His important functions are: The Imamate is instituted by means of election. He should help the sovereign in the state administration. If it does not hinder the performance of rhought duties, and does not disfigure the features or the external beauty of the body, it will be of no account. Hprovided you believe in God and in the day of Judgment. Mwaardi in early Islam were not beguiled by sophisticated notions of Caliphs as presented by later theologians and jurists.
Posted by Khushal at But his small portion is extremely important because it is the first attempt in Muslim history to evolve a comprehensive theory of the State and because it has left an enduring influence on the course of Muslim political thought up to our own day.
This office therefore, is the outcome of Ijma. Moreover, he assembled his ideas in writing; therefore his book Al-Ahkam at-Sultaniyah became a standard work of reference on mawatdi and administrative practices. To al-Mawardi moral degradation secondly if he becomes interested in worldly affairs.
The Quran is silent on all these pertinent issues, because their meaning is ever changing with the historical evolution. Most unfortunately, under the cover of this pretext, the second civil war of Islam was fought by the Umayyads, the Hashimites, and Zubayrites.
The Imam cannot withdraw the nomination until there occurs in this heir apparent some important change which invalidates him legally. The Buwaihids, who had no legal claim to sovereignty, and who had not clarified their position, had long been intriguing to over-throw the Caliphate outright.
Sometimes al-Mawardi uses the documents of the Umayyad and the Abbasid polktical his premises, for instance, he quotes the accession address of Hazrat Umar bin Abdul Aziz to demonstrate the exalted ideals of the office of the Caliph. View this page in our App. He must look into the foreign policy very carefully and sagaciously, so that relations with other neighboring states must be cordial.
But when Abbasids came into power, it signaled the victory of the State polity over religious ideology. Mawagdi both Basrah and Baghdad were centers of the Mu’tazila school of thought, the great orthodox Shafi’i jurist al-Subki d. But al-Mawardi was not very concerned about theory.
The ruling Imam can nominate his successor. So, also, an Imam cannot be deposed until a similar change occurs in him. He says that the Electoral College may nominate anyone of the two as Imam without assigning any reason. He is of the view that imam can appoint various ministers execution to run various departments.
If there are a limited number of voters so, there will be more chance to elect the best one as imam. In an Islamic state, the ministers must be Muslims. The imam has the power to appoint an electoral college or to nominate heir imam.
Views Read Edit View history. Al-Mawardi is of the view that the nomination of a person as heir apparent becomes effective only when he declares his consent to it. 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.
He is to decide within the limits of Shariah. These qualifications are three: A person who as no knowledge of Islam and who has no command in fiqa, is not true and effective imam. The nomination of a person as heir apparent becomes effective only when he declares his consent to it. The Wazir of Delegation is the person in whom the Imam has the fullest confidence and to whom the powers of administration of the realm are delegated.
Al-Mawardi says that the polutical of Imamat is the need of Shariah and not of reason.