THEP0LITICALTH0UGHT0F

ABU

AL-HASAN

AHMAD

AL

MUBARAK

MWARDf
-1

AL-BAGHDADI

Thesis
for
the Degree
presented
Doctor
in the
of Philosophy
faculty
University
of Arts,
of Edinburgh
Feb.,

1981

of

ii

TABLE0FC0NTENTS

iv
vi
viii

Acknowledgements
Abstract
Abbreviations

INTRODUCTION
Al-Mawardi's
Context

Historical
Thought
Life

Chapter

of

Writings
Works on

Political
Earlier

Background

to

in
the

Al-Mawardi"s
14

Al-Mawardl

of

36

AL-MAWARDY'S

EARLY POLITICAL

TREATISES

Introduction
Na,-514at
Tashil
Kitab

56
61

al-Muluk
al-Nazar

73

al-Wizara

81

Conclusion

Chapter

the
Subject

89

II

TREATMENT OF MAN AND SOCIETY

AL-MAWARDIIS
K. ADAB AL-DUNYA WAIL-DTN
Reason,

Religion

and

Society

IN
97
101

The

Ideal

Society

107

The

Ideal

Man

118

Conclusion

127

iii
i

Chapter

III
AL-M. WARDIIS CONCEPTS OF THE IMAMATE, THE VIZIERATE,
AND THE EMIRATE IN K. AL-AHKAM AL-SULTANIYYA
Earlier

The Structure
1.

The Concept

A.

Contractual
in Case

A. 1

The

the

of

Case

Imamate

C.

Duties

D.

The Circumstances
Imam becomes
Imamate

of

2.

The

Wizara

3.

The

Theory

4.

Al-Mawardi's

140
Imamate
152

Imams
(c ahd)

158

Imam

166

under
ineligible

the
the

which
for

170
176

of

the

Emirate

Concept

of

194
Rebellion

204

Conclusion
Appendix:
Al-MAwardi's
Authority
K, al-AhkEm
al-! -Sultdniyya
9
il
Bibliography

137
138

Designation
the

Book

Work

Two

B.

by

the

of

of the Imamate
Theory
of the
of IkhtiyNr.
of

132

al-Sultaniiya

views of al-A4kam
The Reason for Compilation

213
of
221

241

iv

I
University

like

would

which

Howard,

Ian

for

he provided

which
also

Dr

C.

some

parts

for

of

and
in

Kuwait,

al-KhudIr,

Ministry
his

and

also

for

permission

Department

the

for

University.

and

my study,

assistance

on

am grateful

to

Abu

Abd

Dr

at
legal

Faris

the

his

Library

Mr Mubarak

al-Rahim,

M. S.

concerning

read

Central

the

Ci.

Affairs

from

Edinburgh

of

of
c

Mr M.
al-Subai

of

my supervisor,

encouragement

of

and

Librarians

Mr Jasim

to

stages

Librarians

and

M.

and

comments

the

particular

My thanks

Crawford

to
the

also

assistance
Dr

to

thesis.

of the-Religious

for

degree.

first

assistance
the

to

scholarship

doctoral

goes

me through

the

the

the

sincere

My thanks
University

for

gratitude

Hillenbrand
of

express

Kuwait

to

my thanks

me with

study

My deep
Dr

to

provided

my academic

pursue

MENT

ACKNOWLEDGE

Ph. D.
to

also

go

Islamic

and

Middle

kindness

and

assistance

from

al-Ashqar,
The

State

University

Kuwait,

of

in

points

the
of

the

thesis,
Jordan,

thesis.
the

secretary

Eastern
during

of

Studies,

the
Miss

my study

I.
at

I
deep

gratitude

along
the

with
period

the
of

also

take

to

my wife

moral

this

for

support

opportunity

to

patience

and

of

express

throughout

my parents

study

the
would

encouragement
not

have

been

of

my

encouragement

study.

Without
people

the

all

possible.

those

vi

ABSTRACT

This
thought

of

Abu

the

5th

Hijrl

of

Islamic

The
three

aspects.

The

Political

Writings
and

concerned

The

during
outside

The

third

the

aspect
The

role

al-Mawardi's

between

the

background

Abbasid

in

of
in

may

have
life

and

as

is

aspect

a general
the

and
al-Mawardi

to

order

see

him.

affected
times

of

is

shed

to

a political

other

the

al-Mawardi's
on

in

and

discussion

the

Baghdad

caliph

which

on

al-Mawardli

second
to

Baghdad,

the

with

of

climate,

under

three

works

concentrate

will

which

purpose

earlier

The

general.

rule

deals

introduction,

with

character

socio-economic

influences

Mawardi.
on

in

Buyid

general.

al-Mawardi's
of

the

show

situation

-political

the

to

the

in

concerned

context

discussion

of

intellectual

a long

into

concerns

historical

the

with

presentation

lived

the

thinker

thought.

religio

in

his

and
thought

is

aspect

attempts

a political

as

first

scholar

a conclusion.

and

introduction

The

subject,

Baghdad,

divided

is

political

a prominent

political

thesis

chapters,

main

in

century

the

with

concerned

al-Mawardi,

al-Hasan

to

contribution

is

thesis

independent

allight

mediator
rulers.

vii

early
early

chapter

is

concerned

al-Mawardili

in

which

first

The
treatises

of

political

views
and

administration,
justice

the

and

discussion

political

cyclical
also

will

Islamic

other

traditions

al-Mawardir's

like
The

state.

of

amalgamization

Pre-Islamic

with

governmental

the

of

his

expressed

concepts

movement
show

he

kingship,

concerning

the

with

and

non-Muslim

cultures.
The
of

views

man

second

Wall-Din

al-Danya

of

connected
in

Kitab
the

cuss
and

their

the

manner

the

al

some

last

chapter

Imamate

and

with

it,

Ahkam

issue

of

relation
which

it

as

with

The
theory

society

and

deals

chapter

i. e.

to

reference
deals

the

with

the
to

the

and

other

circumstances

al-Maward-i

used

to

works.

institutions

The

Imamate

work

other

the

and

al-Sultaniyya.

dis-

will

study

institutions
of

deal

emirate,

the

with

time
the

problems.
The
political
to

Islamic

thought
political

conclusion
of

will

al-Mawardi
thought.

sum up
and

his

Adab

al-Maward'i's

Islamic

vizierate

his

in

appeared

other

al-Miward'I's

with

the

general

contribution

and

viii

'R EVIAT10NS

ABB

Adab

al-Mawardi,

Adab

al-Ahkam

al-Mawardi,

al-Ahkam

cc
A lam

al-Mawardi,

A lam

al-Dunya

wa'l-Din

al-Sultanlyya
al-Nubuwwa

AJSLL

The American
Journal
and Literatures

Bidaya

Ibn

Buwayhid

Kabir,

Dhayl

Abu

Shuja. -c

The

Encyclopedia

of

Islam,

Old

The

Encyclopedia

of

Islam,

New edition

E. I.
E. I.

1
2

Kathir,

al-Bidaya

The
,

I. C.

Islamic

Culture

I. Q.

Islamic

Quarterly

Irshad

Yaqut,

Irshad
Studies

JRAS

Journal

of

Kamil

Ibn

Milal

al-Shahrastani,

Muntazam

Ibn al-Jawzl,
al-MulUk

M. W.

The

Nasiha

al-Mawardi,

Nusus

Ibish,

al-Athir,

Moslem

Nusus

Dynasty
Kitab

c
Ma

Royal

Asiatic

al-Kamil

fi

the

of

Baghdad

Tajarib

ila

al-Arib

Islamic

Languages

wa'l-Nihaya

Buwayhid
Dhayl

Semitic

of

al-Milal

al-Umam
edition

rifat

al-Adib

Society
11-Tarikh

wa'l-Nihal

al-Muntazam
*
wall-Umam

fl

Akhbar

World
Nasihat
al-Fikr

al-Mulu-k
al-Siyas-1

al-Islam-,

ix

REI.

Revue

des

Tabaqat

al-Subki,

Tajarib

Ibn

Tarikh

al-Baghdadi,

Tashil

Etudes

Islamiques

Taba qalMf -Sh

Miskawa,

al-Mawardi,
al-Zafar
Calibi,

Tuhfa

al-Tha

Usul

al-Baghdadi,

Kitab
Tarikh
Tashil

Tuhfat
Usul

c
i iyya

Tajarib

al -Kubra

al-Umam

Baghdad
al-Nazar

al-Wuzaral
al-Din

c
wa Ta jil

INTR0DUCT10N

INTR0DUCT10N

POLITICAL
WRITINGS
IN
EARLIER
WORKS ON THE

AL-MAWARDI'S
OF
CONTEXT

One of
is

there

that

affairs.

political

must

the

revealed

the

essence

theory
of

of

the

Islamic

more

complicated.
The

during

period

of

possible

for

conflict

concerning
The

witnessed
into

two

the
levels.

his

nature

the

rightly-guided

the
early

division

of
These

were

of

rules

was

with

have

lack

the

established
issue

the

system
made

it

much

Imamate.
Umayyad

political
the

made

too

without

the

an

was

of

that

left

political

centre

Ages,

fact

the

the

the

because

The

of

the

Middle

has

pass

of
the

compatible

caliphs

theory
period

be

death

of

to

reigns

the

Islam

to

seem

after

to

the

it.

about

not

and

economic,

which

in

is

the

and

Nonetheless,

during

simple

their

least

at

issues

does

appointment

social,

Caliphate,

or

verses

of

temporal

principles.

controversial

Muhammad

or

thought

Qur'anic

Prophet
system

(shar

Islam

of

according

c ),

Imamate

the

matters,

regulated

political

clear

even

be

of

characteristics
between

All

law

Islamic

one

of

of

main

distinction

no

spiritual

the

THE
SUBJECT

political

Caliphate

system

of

ideals

Islam
demanded

by

the

revealed
by

established
whole

system

the

of

government

In
in

the

tried

to

of

the

theory

point

of

prac

ice.

view,

court
the
on

and

the

Ibn

of

literature

duct

of

of
the

"Mirrors

Abi

(d. 276/889)
Suluk

Kitab
al-Rabic

833-841)
1.

ruler

Kitab

Qutayba

during

represent

E. J. Rosenthal,
Islam,
p. 68.

the

and

have

a great

impact

in
"Mirrors

century

A. D.,

his

al-Malik
the
good
Islamic

which

was

work

c Uyu-n

reign

Arabic

by

through
the

con-

The
in

compiled

Medieval
by

al-Akhbar,

Ibn
and

Tadbir

al-Mamalik

of

al

c
Mu tasim

(218-226/

of

"Mirrors

for

examples
political

Princes".

government.
popularity

fi

of

concerning

of

a considerable

in

for
into

art

al-Sultan

field

the

thought

in

of
paved

literature
the

traditions

introduced

eighth

Sassanian

enjoyed

Islam".

was

was

rulers

to

of

it

Muslim

thinkers

category

C in

al-Muqaffa

by

the

Islamic
as

nor

Persian

of

culture

Muslim

of
the

translation

also

Persian

the

be

early

e'xpose

a purely

should

adaptation

under
kind

it

administration

writings

politics
This

state

for

way

as

least

from

history.

the

of

none

at

of

developments

early

or

study

kind

Islamic

of

Islam,

of

Imamate

neither

Early

Ages

actual

structure

jurists

political

of

spite

political

Muslim

the

family

of

predominant

Middle

the

throughout

The

time.

a matter

the

was

system

the

of

became

government

realities

political

circumstances

This

succession.

the

and

religion,

by

Ibn

Princes".

inMedieval

In
about
the

al-sultan

of

They,
the

government
discuss

Islamic

for

to

deal

and

fully
Islamic

the

value
from

examples

The

Hadiths,

the

these

sunna

were

Al-Mawardil

also
derived

that

he

them

being

the

them

places

reflect

and

the

of

Islamic

the

to

for
least

at

without

used
stated
'his
conduct

to

taken
element

the

four

clearly

in
from

ancient

adopted
he

Princes",
with
within

aspects
an

of

al-Mawardi
and
from

he

several
kings

many

and

derived

Kitab

stresses

adds

poets

views

success-

administrative

from

rightly-guided
his

arguments

Nasihat

al-Zafar

was

support

of

jil

concepts,

history

of

of

treatises

Islamic

Islamic

c-

for

concepts

these

Arabic

historians.

and

and

of

sense.

impossible

was

wa Ta

and

Throughout

great

due

work

"Mirrors

the

ideas

traditions

context..

provide

classes

government

al-Nazar
to

his

imbues

It
of

concerning

existence
was

writings

al-Mawardi's

Tashil

format

a similar

official

writings

principles.

Although
al-Muluk

other
The

art

Islamic

to

government

thinkers.
the

with

of

affairs.

those

not

religious

and

these

did

Islamic
art

rulers

in

of

referring

the

state

element

background
them

the

of

ethics

an

Muslim

such
ideas

they

yet,

in

that

political

of

Islam,

in

rather,

necessary

full

were

government

theory

of

spite

fact

the

caliphs,
the

on

Nasihat

subject.
al-Mulu-k

sources,
(siyar

one

al-mulu-k

of

In

al-awwalin).
emphasis
at

Sassanian

on

that

treatises

under

time

the

when

Abbasid

This

us

art

These

two

works

of

the

government
upon

The

other

upon

in

style
to

of
the

Persian

origin.

instead

"king"

of

the

over

their

of

in

1.

al-Mawardi,

2.

Useful
S. D.
true
"From

by

al-Miward-1

do

It

through

the

is

the
of

administration

that

state,

the

is

provide

not

al-Mawardi's
All

conveyed.

Islamic

notion

code

and

these

of
the

on

field
his

of

his

thought

writings

the

was
was

writings

discussion

which

not

and

in

subject
unique

different

were
his

al-Mawardi
the

of

discussing

in
from

additions

of

others
new

subject.

The
vizierate

term

al-Mawardi

but

subject,

points

at

civilizations.

Certainly

the

these

government.

affairs

ancient

touched

this

compiled

in

principles,

based

are
of

of

moral

of

wizara.

in

of

and

concepts

had

the

use

of

subjects

model

popular

control

believed

and

a theory

with

the

were

caliph.

discussion

of

which

circumstances,

had

the

explains

great

political

dynasty

BUyid

places

fact,

in

unusual

caliphate

Imam or

traditions

Al-Mawardi

time.

he

treatises

these

conflict

Islamic

details
Goitein,
character",
Persian

Nasihat

the

concerning
history

has

al-Mulu-k,

origin

not

been

fol.

2b.

decided

of

the
yet,

issue
this
concerning
can be found
"The
the
origin
of
vizierate
and its
1942;
I. C,,
and M. Sprengling,
1939.
Arabic".
AJSLL,
into

4'

in

the

and
of

discussion

this

thesis

institution
dealt

They

it

cussed
from

bulk

the

have

treatises
wal

1-Kuttab

The

b ook

century.

to,

historical

Tarikh

the

their

first

and

the
of

the

end

The

second

book

was

Tuhfat

(d. 429/1037).

alibi

discuss

the

Kitab

was

was

also

the

Abu

al-Hasan

the

with

wizara.

Kitab

al-Wuzara'

the

of

al-Wuzaral

by

it

his

the

author

and

gave

time.

The
fi

(d. 448/1056).

life
last

of

the

one

wazirs
was

al-Mawardi.

introduction
See the
of. Tuhfat
by
Man: Ur al-Thacalibi,
edited
11-14.
I. M. al-Saffar,
pp.

Abu

al-Umaral

al-Sabi

The

al-inshal

Hijrl

Tuhfat

the

of

third

the

wizara

or

four

art

during

wazirs

concerned
in

by

the

of

dis-

Unfortunately

history

In

al-Wuzaral

by

history

al-Wizara

system
of

the

Prophet,
till

the

(d. 331/942).

of

wizara

to

they

only

was

time

of

text

works

Wizara

history

Muslim

a long

whole

al-Jahshiyari

the

the

study.

the

al-Wuzara,
book

Kitab

with

account
work

and

Ibn

of

al-Tha

tried

This

c Abdus

C-

Mansur

third

time

and

wazirs

The

for

points

other

the

on

survived.

by

the

scope

wizara

the

a historical

of

writings

deals

the

since

of

in

the

However,

different

devoted
and

a part

was

the

of

from

and

wizara

as

concern

subject

sometimes

the

of

subject

the

beyond

development.

early

al-Mawardi

views.

its

is

point

al-Mawardils

with

before

ago

as
not

authors

this

of

by Abu
al-Wuzara)
H. A. al-Rawl
and

From
that

al-Mawardi,

work

Tuhfat

types

of

borrowed

the

by

does

interesting

some

levels.

The
of

social

function.
Kitab.

the

style

early

works

writing

relied

many

and

maxims

anecdotes

traditions.

a specific

to

relation

to

was

al-Mawardi

fiqh,
to

the

embodied
the

theory

the

ruler

dealt

within
of

the

for

as

book

was

Princes".
al-Mawardi's

Tashil

al-Nazar.

cultures

but

views

he

the

of

knowledge
the

people.

with

the

and

also

text

was

required
and
The

wizara

uses

wizara

wizara

government.

governmental

the

Islamic

as

his.

in
The

non-Arab

of

a juristic

wizara

obvious

and

subject

that

and

the

"Mirrors

two

subject

al-Wazir.

specific

i. e.

office,

when

his

The

restricted

the

concerning

support

himself

on

subject

of

is

al-Muluk
on

necessary
This,

characterised

heavily

to

administration

of

which

Nasihat

of

the

office

Adab

manner

the

subject.

discussed

element
or

same

Al-Marwardi

also

the

This

the
of

Islamic

and

al-Wizara

in

written

he

the

al-Mawardil-

the

with

when

literature

course

work.

dealt

first

that

to

alibi's

al-Tha

appointees.

points

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C-

and

fact

possible

concerns

what

the

the

alter

not

seems

from

differences

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required

however,

ideas

especially

wizara,

it

authors

many

al-Wuzara)

qualifications

added

those

among

its

second

as

a part

devoted

for

level
of

entirely
The

treatment

of

the

government

and

Sultaniyya.
it

rather
it

accordingly

In

underlying
his

found

not

to

be

principles

of

Adab

to

indicate

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political

al-Dunya

al-Ahkam
In

the

could

be

said

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in.

this

field

(d. 182/799),
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request

book

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the

al-Sultaniyya

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Kitab

al-Wizara.
on

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much

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in

government

Parts

movement

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more

al-Sultaniyya.

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famous

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caliph

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Islamic
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scholars

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Qadi

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compiled
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Kitab

touches

elements

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in

early

Imam,

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wall-Din.

an

function,

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the

on

al-

new principles

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first

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in

Al-Mawardi

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al-Ahkam

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addition,

to

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were

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issued

power

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Kitab

theory,

wizara

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comes

manner

political
The

was

wizara

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wizara

Kitab

work
Harun
land-tax

al-Kharaj

al-Rashid.
and

certain
Abd

administration.
because

character

the

juris-

consult,
in the
duties
"were
more interested
always
of
law,
in private
in penal
law,
than
the
cult,
in public
organisation
and functioning
of the
head. '11
and the character
administration
of its

1.

"The body
C. Cahen,
Civilization,
Muslim

politics",
139.
p.

Unity

and

variety

in

The

work

was

thinkers

depend
in

ation
some

basis

the

also
in

their

upon

Certainly,

Islam.

essential

it

for

points

in

writings

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field

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of

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Kitab

work

Muslim

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It
Shi

Ic

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of

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on

orthodox

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by

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Abu

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-C

al-Hasal

'l-Radd

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law

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-.

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wall-Bid
theory
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Ash arism,

He wrote

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al-Luma

c in

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the

Imamate
many

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position

(260-324/873-935).

al-Zaigh

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than

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to

propounded

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-C

claims.

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ite

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emerge.
point

naturally

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books

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ite
with

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to

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opponents,

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on

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formulated
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and

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al-Ash

-.

arguments

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theory

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Abu
fli

al-Tamhid

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bayn

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in

ala

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(d. 429/1038)

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Kitab

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al-Qahir

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Ya la

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al-Jabbar

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Ctamad

al-Mu

are

c ite

Shafi

c Abd

al-Mughni,
Shafi

in

Imamate

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Abu- al-Hasan

and

the

of

al-Malahida,

by

systematized

From

the

(d. 458/1066)

theologians.

(d. 403/1013)

Kitab

al-Firaq,

However,

jurists

it.

the

on

reasons.

theory

Imamate,

the

of

to

chief-QEdL

(325-415/935-1025)

of

later

the

al-Baqillani
c

attack

developed

discussed

'l-Radd

c
Mu tazilite

section

by

related

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his

advocates

adopted

problems

Malikite

the

Certainly,

reason.

on

of

part

afterward

was

other

and

were

jurists

and

was

thought

his

Imamate

the

theory

arl's

Muctazilite

later

based

ibn

Usul

fi

al-Din.
These
as

suggested

among
attempt
actual

to

connect

organization

1. W. M. Watt,

this

was

Also

theologians.

"al-Ash

base

they
by

and

c2

ari,

Abu

the
of

were

written

sectarian

Imamate

the

and
of

function

the

no means

they,

theory

the

them
to

a response

particular,
though

revelation,

like

others

as

earlier
In

claims.

and

writings

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on

a unanimous
kind,

Imamate

made
with

government.

al-Hasan",

view

E. I.

the
In

no

this
different

from

tion,

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views

and

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does

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al-Jabbar

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of

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Cc-

ari,

al-Ash
some
c

Abd

of

them

Imam.,

al-Jabbar

of

ing

be
the

Sultaniyya.

numbers
nature

Abd

of
1

matters.

an older

taken

of

the

these

we bear

Imamate

in

al-Mawardills

v. I

al-Mughni,

10

c Abd

that

the

the

points

has

former,

the

concernal-

al-Ahkam

work

in

important

by

some

Kitab

the

al-Mawardi,

influenced

of the
of

time,,

mind

of

in

points

thelmamate

of

other

in

contemporary
was

these

certain

or

points

qualifications

and

consideration

However,

al-Jabbar,

If

latter

the
into

theory

Imamate

the

discussed

al-Baq-, -,illanli,

treatment

in

context

al-Jabbar

among

necessary

and

valuable

theoretical

From

Imams

politics,

with

discussed

a detailed

the

that

who

al-Mu

work
not

unlike

briefly.

the

was

detail

la

(al-faslq),

possibility
could

Imamate.

c Abd

Ya

gives

contractual
theoretical

Abu

the

us

the

in

rather

al-Jabbar

dissolute
the

and

provides

Imamate

tho

government.

theology

on

revela-

sectarian

of

that

with

or

discuss

to

concerning

points

position

against

fact

a work

the

of

reason

process

Imamate

the

on

on

attempt

the

of
is

no

based

actual

information

the

many

the

spite

up

a polemic

a real

of

section

being

is

al-Sultaniyya

He takes

write

he-makes

In
by

work

Imamate

context

CAbd

Kit('Abal-Ahkam

theirs.

the

to

regard

in

Is

al-Mawardi

its

Imamate,

own

pp. 198-271.

character

as

exposition
to

deal

the

with

al-Miwardli
i ndeed

the

field

of

Islamic

not

the

The

certainly

them

theory

have

authority
of

concerned

under

especially

up

to

to

accept

the
but

with

public

law.

the

also

al-Mawardl's

fact

who

wrote

on

political

as

an

not

is

also

seems

that

only

political

circumstances

political

and

the

a theory

presented

law

from

all

work

to

al-Sultaniyya'T.

time,

It

bother

public

al-MEwardll

present

Imamate

is

stems

thinkers

the

there

which

Muslim

to

to

al-Ahkam

But,

write.

scholar

relating

al-AhkHm

theory,

political
first-to

Muslim

volume,

continued

that

mention

within

of

even

theory

one

later

all

first

ordinances

in

importance

almost

was

"the

the

all

arrange

in

matters
to

noteworthy

to

be

of

the

which

the

the

first

Imamate

surrounded

Imamate.
During

circumstances

the

the

of

a new

framework

Imamate
of

Abbasid

and

existed

position

1.

time,

at

seem

not
Imamate

the

of

problems

rulers

the

he was,

collect

the

practical

does

Imamate

the

of

al-JabbRr's

BTayids.
In

in

theory

independent

under
the

the

of

later.

discuss

we shall

cAbd

a new

was

al-Ahkam
University,

11

new political
toward

outlook

necessary

legitimization.

D. May, al-Mawardi's
Indiana
Ph. D. thesis,

Caliphate,

in
The

the

order

to

create

power

of

the

al-Sultaniyya.
1978,

Unpub.
p. 67.

declined

caliph

and

actual

authority

hands

of

the

military

leaders

power

of

the

army.

With

Baghdad
of

334/945,

in

CIraq

and
in

precedents
Sunnite

were

of

c Iraq

as

a symbol

in

enough

They

governed

the

name

of

religious

of

(one

nominal,
Islamic

it

al-Mawardi,

the

giving
being

an

was

the

Sunnite

rulers

of

of
caliph

The
caliphal
the

Sunnites

and

kept

heads

two

of
the

within

him

The

unity.

existence

no

the

that

the

political

actual),

in

a ShIcites.

majority

the

Buyids

had

sense

disturb

to

the

was

problem

the

structure

but

person

at
who

1.

W. M.

2.

H. R. Gibb,
1937,
I. C.,

Watt,,

legal

form

the

same

occupied

The

formative

"al-Mawardils
p. 300.

of

it

time,
the

the
and

a "silent

seat

Buyids

of

11

affairs,
the

difficult

actual
to

most

period

of

Islamic

theory

of

the

12

of

Al-Mawardi,

were

the

of

Muslim

remained

political

was

time

consensus"

validity

the

The

problem.

to

up

difficulty

in

participant
the

of

by

"the

out,

and

discussion

without
situation

pointed

active

acute

was

left

was

problem

aware

rulers,
the

Gibb

as

situation

by

not

and

other

accepted

but,

The

facto

the

government.
The

jurists

de

in

the

of

process
the

the

dominated

was

this

result

history

clever

structure.

of

Islamic

the

of

the
by

supported

advent

provinces.

caliphate

Buyids

the
become

they

other

men

or

into

passed

ignore

important

thought,

Khilafah".

p. 254.

institution

in

to

then

necessary

based

although
dimension,

in
by

emirate

Islam,

political

i. e.

upon

earlier
to

order

order

reality,

by

clothing

to

regard

because
the

same

not

central

is

al-Ahkam
to

the

Therefore,

a problem

the
the

principles.

originality

by

c
Ya la

Abu

this
thought

been

has

with

al-Sultaniyya,

political

it

a new

of

al-Sultaniyya,

actual

with

Islamic

with

a book

of

Imamate,

legally

al-Ahkam

existence

title,

Mawardi.

it

al-Mawardils

the

of

theory

justify

to

there

yet

the

connect

was

the

of

writings,

in

seizure

It

caliph.

a theory

elaborate

Although
with

the

dealt

with

matter
of

al-

in

with

is

an

appendix.
Thus,
scholar

had

who
of

problems

al-Mawardi
given

political

through

all

thought

before

him.

Islamic

writer

to

and

the

knowledge

political
development

genres

in

theory
of

much

thought

theory

in

show

such,

such

Islam.

seems

political
to

a comprehensive

subject.

His

are

a valuable

contribution

political

13

He ranged
on

he

be

intellectual

the

the

Islamic

to

seen
to

literature

of
As

be

can

writings

theory.

be

first

the

interest
on
to

the

ii.

HISTORICAL
THOUGHT

The
c Abbasid

Caliphate

apparent

in

started

states

of

to

their

the

and

Abbasid

his

manage

tenth

the

to

which
their
of

were

Buyids

that

time

almost

moved

a new

all

into

Caliphate

of

the

keep

almost

the

first

opened

temporal

hands

different

in

dynasties
Egypt,

the

authority

beyond

Baghdad,

powerless

to

of

entirely

all

state

in

under
was

334/945.

of

dynasty,

the

that

From

history,

Islamic

-C
Shi
i
a

affairs

dynasties

these

authority

subdynasties

independent

of

in

al-Mustakfi

was

Baghdad

captured

era

of

reign

and

The

who

fact
the

when

century

extended

powerful
to

able

control.
the

the

the
the

in

Morocco,

was

clearly

since

(333-334/944-945),

Spain,

himself

caliph

Thus,

ordinated

hardly

affairs.

own

independent

the

Caliph

there

even

Many

By

had

century
authority

in

Persia.

and

It

their

themselves

was

empire

eighth

assert

of

authority

century.

the

empire.

established

Syria

in

the

Islamic

ninth

earlier

failed
of

were

early

of
the

over

the

much

c Abbasids

break-down

AL-MAWARDI'S

TO

BACKGROUND

when
Caliphs

which

was to

1.

W. M.

2.

T. W. Arnold,

3.

In fact
had some temporal
the caliph
authority
still
such as the appointment
of the-QZdi-, s, and imEms of
"Caliphate
See A. H. Siddiql,
and Kingship
mosques.
1936p pp. 118-121.
I. C.,
in Medieval
Persia".

Watt,

Islamic

political

The

Caliphate,

thought,

1968,

p. 99.

pp. 57-60.

14

the

of

for

Baghdad

control

their

historical

general

impact

administration
Islamic

of

under

the
of

system

(al-Sa
c

(tithes),

ushur

Buyids

face

during

their

Amirs

much
of

were

money

the

became

tax),

the

financial

still

that

is

working
to
(poll

tax),
under

establishment

troubles

of

themselves

which

within
Zakat

say,

system

keep

to

order

was

Jizya

the

financial

the

and
the
the
in

strong

dominant

were

reign.
Since

the

(land

different

of

that

Buyids

by

in

taxes

fact

revenues,

yet

illustrates

vitally

thought.

the

characterised

was

uncanonical
the

phenomena

spite

An outline

a century.

on al-Maward-l's
In

the

than

more

as

it

was

financial

under
they

military

generals

powerful

enough

demands

needs

or

taxes

were

These

unlawful

had

devised

and

to

depose

any

the

maintain

Thus
if

ruler

army,
as
position
they

their

New uncanonical

satisfied.
imposed

were

collect

troops.

their

been

not

to

order

and
to

an obedient

pressure

in

could

have

to

vital

by

illegally

force.

rr

fruitful

sources

of

A few
The

first

ironically

taxes,

Buyid

income

state

of

Iraq

1.

these
For details
concerning
cUbald,
AbU
KitNb
al-KharNj,
,Ibn Rajab,
Kitab
al-Istikhraj

2.

Kabir,

The

Buwayhid

after

illustrate

examples

ruler

enough,

Dynasty

15

were

imposed

most

)12
tax.

land
this

the

situation.

a tax

on

internal

see Abu- Yusu-f,

points,
KitNb
al-Amwal,
and
f!
Alkffm al-Kharaj.
of

Baghdad,

1964,

p. 162.

and

external

carrying

goods
such

from

them

prevent
al-Muhallabi,
the

close
The

next

and

district

to

the

(c ushr)

the

caused
reign

using

on

silk

called

food

to

encounter

1.

Miskawayh,

2.

Kabir,

3.

153
Ibid.
p.
)
pp. 123,448,457.

4.

Ibn

Kathir,

5.

Ibn

al-Athir,

and

cotton

Tajarib,

called

the

the

from
the

and

pilgrims
3

in

woven

became

as

the

salt

During

Maklila,
by

paid

Baghdad,

capital.

It

impose

to

Ibn

one

shepherds

camels.

wazir,

The

customs,

all

goods
in

such

complaints

tried

al-sumarriyat

taxes

zakat.

Arabian

al-Daula

c5Iraq.

in

waterways

sheep

al-Daula,

the

commodities

each

riots

public

Jalal

a tax

and

to

taxes

on

Baha'

on

the

also

sar).

tax

about

Baghdad

loads

389/998

many

of

introduced

dirhams
their

on
In

which

In

a new

al-Daula.

of

to

(al-m

Baha'

regarding

conveyance

four

charged

tithe

Basra

another.

charged

were

expatiates

to

order
wazir,

a chain

addition

by

abolished

of
on

in

fields

boat

Baghdad

of

imposed

al-Daula

in

and

Mucizz's

with

river

grazing

people
levied

were

the

al-Maqdisi

the

dues

authorities

later

was

historian
of

the

c Adud

ruler

tax

payment,

of

mouth

pasturage
This

escaping

ordered

Every

tax,

this

pay

must

goods

duties.

custom

called

boat-owners
feature

a regular
tax

which

was

p. 129.

v. 2,
152,174.
pp.

op. cit.,
as

quoted

from

Bidaya-, --

v. 11,

Kamil,

v. 9,

16

Maqdisi,
p. 303.
288.
p.

Ahsan

al-Taqasim,

imposed

by

Private

labour

al-Daula,
and

e. g.

these

uncanonical

really

amounted

the

work

of

taxes,
to

BUyid

the

an

JaIR1

al-Daul

these

there

were

as

citizens

and

law-court

agents,

most

of

welfare

huge

and

parties.

revenues

ends,

but

The

Ibn

al-Jawzl,

2.

Ibn

al-Athlir,

3.

Abu- Shja-c,

4.

Kabir,

the

3
Besides

common.
of

from

case
the

confiscated

sources

revenue

common

fines

and

rather

and

Munta; am,
op. cit.,

Dhayl,

Buwayhid,

of

and

Baghdad

never

8,
v.

173-74.
pp.
157-60.
pp.
17

cit.

pp. 78-79.

social

and

private
for

wazl'rs,

weddings

loc.

from
Unfortunately

to

the

on

expended

governors

derived

devoted

that

said

sources.

not

Amlirs

be

could
were

uncanonical

palaces,

'r

it

revenues

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1.

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pleasures

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al-Hussain.

police

rich

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speaking,
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government

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c Adud

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clothes

palace

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al-Muhallabi

noteworthy
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Mu izz

the
him

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his

dirhams.

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thirty

one

of

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more

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their

dirhams

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his

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meal.

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about

Al-Muhallabli,

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reported

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paid

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unreasonably

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Amirs

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military

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state

Much

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luxurious

The

and

theirs.

as

used
on

spent

income

local

be

comparable

sought
natural

riots

in

Zuhr

Muntazam,
al-Islam,

frequent

the

between

1,
v.

18

from

pp. 78-79.

107.
p.

wars
like

different

quoted

v. 7,

period

of

extravagance.

catastrophes

148
Buwayhid,
as
p.
184-185.
2,
v.
pp.

al-Jawzl,

the

between

famine

or

religious

Ibn

Miskawayh,

to

Yet,

sects.
incurred
Musharrif

al-Daula
1A

dower.

by the

sum of

Caliph

one

Shuhud
The

in

Baghdad

reign

classes:

Amirs,

families;

(b)

the

was

trying

to

class

were
4

living.

Beg
this

study

of

top

class

the

middle
(c)

the

Ibn

2.

Ibid.,

3.

A.

The

social

too

large

4.

Ibid.,

three

keep

to

be

the

of
wealthy

bourgeois

small

of

people

small

alive,

op. cit.,

the

and

members
high

historian

v. 8,

While

hunger

an outrageously
the

different

these

bridged.

themselves

instance,

For

between

gap

against

enjoying

Zuhr

al-Islam,

v. I,

cit.

19

most

Ibn

16.
p.
pp. 97,114.

of
and

pvoerty
of

standard

170-171.
pp.
loc.

social

consisted

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the

under

prominent

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fighting

were

al-Jawzl,
Amin,

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peasants.

"r

1.

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community

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Al-Mawardi

into

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top
of
reports

that
of

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dirhams.

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describe

prices,
"

wrote:

"Do not go out of your

home for
something
You need or something
you don't,
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fastening
the door,
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close
Gateway,
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Abu

"

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Hayyan

states:

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was
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Kathir,

1.

Ibn

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Muntazam,

3.

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as

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intelligentsia

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of

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poet

poverty

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d-inars

found
"The people
themselves
high
amidst
And they
in distress,
went
around
Whoever
home dies
stays
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if
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the

and

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steeply

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their

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of

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of
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wedding

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expensive

hundred

seven

the

beyond

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hunger

of

forced
many times
and to practise
and in public,
were dishonourable

Bidaya,
v. 8,

v. 11,

to eat the grass

of
beggary
in
shameful
and to do many things
to a free
man. "4

the

p. 302.

p. 170.

fil Zil
1952,
Bani
Buyih,
Zuhairl,
al-Adab
p. 48,
Ibn al-Athir,
from
al-Kamil,
quoted
v. 7, p. 254.
-C
introduction.
wal 1-Mulanasa,
p. viii,
al-Imta
of the

20

The

great

rich

Abu- Sulaym9n

people".

of

incapable

of

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of

situation
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class,

forced

were
to

Baghdad

in

philosopher
was

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eat

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their

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alienation,

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himself.

people

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close

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circumstances

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in

impact

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immorality.

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-Peo-Ple
to

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al-Qadir,

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on

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ethical

top

who

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alive

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with

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citizens,

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of

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prostitution
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1

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al-Mantiql',

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Ibn

historian

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public

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Some
in

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Abu- Jacfar
Abu- Ishaq
Sharif
had with
"the
al-Shirazi
to prostitution
demanded
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a stop
put
held
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in Baghdad,
was a concession
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"5
Sult. an's
agent.
resident
Some chose
Yet

other

1.

Zuhairi,

2.

Ibn

3.

Ibid.,

4.

Zuhairi,

5.

G.

to

beg

groups

v. 8,

Makdisi,
History:

op. cit.,

way

robbery,

to

stay

becoming

alive.
a force

49-50.
pp.

Muntazam,
p. 67

simplest
to

turned

op. cit.,

al-Jawzl,

the

as

and

v. 7,

p. 301.

passim.

pp. 52-53.

Revival"
in
"The Sunni
III
ed. by D. S. Richards,
21

Papers
on Islamic
pp. 164-165.

powerful

enough

416/1025
which

to

the

416/1025
in

daylight

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of

a city

most

the

people

Mecca

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of
to

way
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the

absence

Public

safety
the

since

people

property,

much

The

that

the

of
most

Ibn
2.

Ibid.,

3.

Ibid.,

4.

Ibn

or

being
in

of

effective

and

no

at

the

system

of

land

returned

the

farmers

of

al-Jawzl,

confiscation

irrigation
to

and
swamp,

deserted

Muntazam,

v. 8,

Bidaya,

v. 12,

pp. 21ff.

passim.

22

dams

becoming
them

passim.
p. 21.
Kathir,

their

for

the

layyarun
4

social

strong

for

guarantee
of

the

this

death

hajj,

the

to

lives,

Baghdad

unrest

government.
dwindled

Production

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mercy

in

caravans.

amidst

had

to

the

rule
to

problem

the

Baghdad

after

due

safe

In

their

save

Buyid

plundering

at

plunder

to

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an

highways

the

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journey

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to

governor

During

could

was

being

taxes.

leader

active

very

The
was

escaped

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markets,

shopkeepers.

the

shurta

al-Daula.

along

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title

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tributes

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degree

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ayyarun

terrorised

demanded

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the

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professional

The
people,

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means

challenge

lives
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declined
useless
other

and
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Baghdad

of

365/975

From

the

high

prices

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factor,

the

state

to

subjected

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449/1057,

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people
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f amine.
Another
(religious

dissension)

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brief

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The

Banu

the

of

period.

background

religious

a constant

were

Bu-yid

whole

Sectarian

religious

Buyids

the

of

situation

Baghdad.

DaSlam,

the

al-Zayd-i

the

form

Zaydite
the

role

in
was

Buyids

334/945,

enough

to

minority

of

Baghdad

against

op. cit.,

p. 47.

Zuhairl,

2.

Ibn

3.

M. J.

encourage

Kathilr,
Surur,

vs.
Tarikh

a Sunnite

11-12,

al-Hadara

23

any

cases

b.

al-Hasan
called

embrace

the

was

captured

When Baghdad

to

some

who

to

of

301/913-914,

al-Utrush

them

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people

primitive

In

Dajlam

the

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1.

by

and

c
Shi ism.

in

idols

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ignorance

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Tabaristan

known

from

in

"magicians".

of

Tabaristan
of

had

worshipping

who
of

people

lived

They

introduced

was

descended

were

previously

concepts,

performing

c All

Buya

religion.

religious

Islam

had

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established

by

the

of

outline

the

fitna,

of

problem.

c
Shi ites

and

infected

the

to

added

Sunnites

the

between

riots

cruical

of

Shi

support

ism

was
c
Shi ite

the

majority.

pp. 283-330
al-Islamiya,

and

2-70.

N. D.

49.
p.

"Ever
the
had
there
since
arrival
of the Buyids
been frequent
frictions
between
the Sunnites
The BUyids
and the Shictes.
actively
the cause
championed
of Shicism
any
without
to the
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sentiments
of the Sunnite
majority.
The
-

story

Ahl

al-Karkh
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351/962
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"l

Baghdad:

of

"The
by upon Muciwiya
curse
of Allah
and those
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Mimals
right
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of Fadak,
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ibn
cAbbas
from
the
excluded
council
of al-ShUrN,
AbU Dharr
to the desert,
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al-GhiffErl
by
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al-Hasan
the
"2
side
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Mucizz

the

al-Daulap

nothing

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governor

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Baghdad,

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gave

ca
Shi

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did
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The
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(334/945-356/966)
The

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in

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order

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the

was
of

c All

close

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and

1.

Kabir,

Buwayhid,

2.

Ibn

3.

Ibid.

al-Jawzi,

of

in

Abl

Talib

b.

for

and

by

markets

public

v. 7,

8.
p.
)

24

of

of

memory

introduced.

tenth

martyrdom

the

of
al-Husadn,
alleged

Prophet

the

al-Daula
on

mourning.

pp. 7-8.

the

prevent

al-Daula

were

the

on

p. 203.
Muntazim,

Mucizz

of

c
Mu izz

353/367

shops

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the

to

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al-Ghad-ir

In
all

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commemoration
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official

Day

successor.
to

During

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gave

the

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At

the

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he

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to

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celebrations
rival
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26th

al-Zubayr

Dhull-Hijja.

c
Mus ab

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338/949

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Prophet's

in

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describing

hijra

from

the

capital

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not

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It
the

opponents

ceased

Mecca

cAdud

Baghdad

1.

Ibid.,

2.

H. Laust,
Agitations
"Les
Papers
History,
on Islamic
Jawzl,
v. 7, p. 206.

3.

Ibid.

4.

Ibn

v. 7,

al-Jawzl,

to

is

discuss

any

the

three

matter

the

and

throughout
Sunnites
The

times.

ordered

common

years

that

between

al-Daula

the

scholars,

noteworthy

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of

Numerous

amongst
and

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of

not

fitna.

between

occurred

a century,

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theologians

450/1058.4

367/977

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Baghdad,
between

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Abu- Bakr

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first

the

ceremonies:

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to

Sunnites

to

people

decorated.

the

Muse ab b.

the

ordered

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concerning

first

faqihs
the

15-16.
pp.

Muntazam,

Religeuses
ac Baghdad",
III,
p. 170,
quoting

v. 7 and

25

v. 8,

passim.

in

Companions,
Then

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and

382/992

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to

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everyone

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had

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meetings

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a short
in

violence
both

sides

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and

looted.

was

these

forced

to

along

accept

a compromise

in

1.

Ibn

Kathir,

2.

Ibn

al-jawzi,

Ibid.,

222.
p.

Ibid.,

238p.

the

circumstances
go

4.

celebrating

An instance

developed

-C

Under
were

from

necessary

chaos.

of

Many

property

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Budyids

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people
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ceremonies;

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their

it.

about

questions

years.

sometimes

any

Abu- al-Hasan

cease

the

and

religious

to

answer

Bidaya,
op. cit.,
.--M-

the

with

people
de

their

religious

v. 11,

p. 289.

v. 7,

26

facto

pp. 167-68.

of

Baghdad
and

situation

beliefs;

or

to

depend

on

passive

themselves
follow

and

The
fifth

and

Caliph,

being

party,
supreme

authority

head

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depose
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beginning

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of

CAlid.

It

him

Sunnite

Caliph

deposed;.
be

would

to

easy

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take

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was

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it
if

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such

him,

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friends

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to

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since

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c Alid,
it

right,
destroy

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(bay
a)

a legitimate

as

by

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to

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sought

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second

that

al-Daula

for

Caliph

and

homage

pay

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a Caliph

considered
depose

of

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C
Mu izz's

to

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Mu izz

It

recognise

c Abbasid

and

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to

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Amirs.

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headed

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Sunnite

the

Caliph

was

imminent,

advised

not

state.

c Abbasid

the

became

were

of

Buyid

Buyid

of

be

or

the

in

One was
the

force;

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difficult

very

by

other

c
Shi a,

way

situation

was

by

Sufism.

of

path

parties.

the

the

at

their

get

political

distinct
and

clear

the

centuries

two

were

to

or
he

then
would

the

not

be

Buyid

power.
It
aware
The

1.

of
Buyid

Kabir,
v. 8,

the

is
unusual

power

would

Buwavhid,
339-40.
pp.

clear

quite

187
p.

active

as

27

and

quoted

friend

izz's

was

in

Baghdad.

firm

so

long

from

Ibn

situation

political
be

that

c
Mu

as

al-Athir,

Sunnite
by

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the

a hakim

who

shared

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any

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were

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Muslim
to

of

state,
legalise

a semblance

rule.

28

of

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were
they

strong
felt

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to take

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29

They

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As regards
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2,
Tajarib,
The first
Ibn MiskawayFl,
v.
p. 396.
person
cAdud
innovation
this
to introduce
and
al-Daula,
was
for the subit became the usual
henceforward
practice
"Politically,
BUyid AmIrs.
the exclusion
of
sequent
Amir from the Khutba
the name of a certain
at Baghdad
facto
the termination
at
of his sovereignty
meant ipso
See Siddiql,
Baghdad. "
op.. cit.,
p. 112.
Ibn Miskawah',
op. cit.,
v. 3, pp. 84,141,240.
113.
Sidd! Cji
cit.
op.
p.
,
,
_,
2,
321.
Miskawayl;
Ibn
v.
p.
30

imams

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role

Ibid.,

p. 189.

2.

Kabir,

p. 189.

to

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Sunnite
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end

During
loyalty

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31

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1.

Ibn al-Jawzl,
and v. 8,
v. 7, pp. 256,262,276,292
21-22,38-40.
pp.
8,
21-22.
262,
195
7,
JawzI,
Kabir,
and
vol.
p.
v.
pp.
p.
Taiarib,
Ibn Miskawayk,
v. 3, p. 257.
Buwayhids",
The Journal
H. Bowen,
"The last
of the
1929,
228-29.
Society,
Asiatic
Royal
pp.
Ibn al-Jawzl,
v. 7, p. 219.

2.
3.
4.
5.

given

him

the

title

32

how-ever,

son,

in

c Alid

the

president
naqib

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of

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al-MTisawi

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401/1010

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Abu

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In
demonstrating

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(mazalim)

al-Musawl

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al-Baqillani

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lineage
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with

c All's

claim

2.

Ibn

3.

Ibid.,

4.

Ibn

Kathir,

Muntazam,

v. 7,

226-227.
pp.

248-251.
pp.
2,
v.

pp. 345-346.

33

written

Ibid.,
8,
is interesting
It
v.
pp. 47-48.
have taken
that
titles
even the Caliphal
Instead
and Ta, ic,
shape.
of al-Mutic
and al-QS'dir
are used.
v. 8,

al-Daula,

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422/1030

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Ibn

2.

"Les
H. Laoust,
agitations
de L'Hegirell,
Siecles
iv
Iv'
(950-1150)y
pp. 171-172.

al-Jawzl,

in

father.

political
beginning

the

after

emerged
and

Ghuzz

the

of

pursued
c Abbasid

the

Buyids.

The Caliph
rule

his

reasserting

the

Baghdad

Muntazam,

witnessed
the

under

v. 7,

34

reign

the
of

last

Jalal

phase
al

p. 287.

religieuses
Islamic

a Baghdad
Civilization

aux

Daula

his

and

disturbances
still
I--

Lawlessness

successors.

emboldened
A few

more.

to

al-Qa'im

historical

and

social

his

assert

authority

illustrate

examples

this

clearly.

Firstly,
to

enough
qadi

Jalal

prevent

al-qudat

and

transactions

in

prohibiting

Maghribi

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was

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the

Then

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he

Maslamah,

the

implying

but

and

a wazir,

to

ventured

he

Ibn al-Jawzl,
op. cit.,
v. 8,
Ibid.,
pp. 112-114.
406.
9,
Ibn al-Ath'ir,
v.
p.
Buwayhid,
Kabir,
and
p. 199,
175.

35

decline.

Buyid

bestow

title

thus

of

the
on

regained

one

Jamalu

he was

that

having

of

in

disproving

a manifesto

al-Wuzuara',

prerogative

the

issued

Ibn

secretaries,

long-vanished

1.
2.
3.
4.

Jizya

threatened

again

during

again

(which

an

al-Daula

should
agent.

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Caliph

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personal

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After

objected

al-Jawali

the

of

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Jalal

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Amir

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al-Daula

them,

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434/1042

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Jalal

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s private

for

poll-tax),

was bold

al-Qa'im

al-Daula

Secondly,
to

Caliph

the

not
the

-4
a wazir.

pp. 88-89.
JawzT,

v. 8,

pp. 151,127,

recovering
he

was

spite

some

of

his

lost

authority

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to

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of

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In

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the

these

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of

authority.

continued

in

These

of
1

in

success

The

overall

the

hands

control
the

of

Buyids.

III

LIFE

OF

AL-MAWARDI

Al-Mawardi
troubled

life.

an Arab
al-ward)

name

c Ali

al-Hasan.

or

b.

who

However,

life

b.
he

Kabir,
op. cit.,
pp. 113-114.

p. 199

2.

Ibn

3.

Al-lubab
Ibn al-Athir'r,
1369 A. H. 1 p. 90.

in

it.

Habib

and

known

as

quoted
v. 8,

Muntazam,

by

fi

in

364/9742

rose-water

He was
Kunya,

the

on

given

the

Abu

his

family

surname,

from

Jawzl,

v. 7,

pp. 199-200.

Tahdhib

36

available

Basra
in

the

section.
is

traded

is

during

previous

born

either

1.

al-Jawzl,

the

manufactured

Muhammad

his

all

information

He was

family

(mal

in

little
I

very

al-Mawardi's
to

described

times

Unfortunately

spent

al-Ansab,.

v. 3,

al-Mawardi,
to

came

in

the

this

use

Muhammad

he

had

prayer

450/1058.

most
the

at

Gate

led

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Basra,

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science

of

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(d. 386/996).
left

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for

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to

he

first

on

the

at

Basra,

Shafi

fact

jurist

On this

1.

al-Baghdadi,
5,
v.
p. 267,

2.

Ibn

3.

al-Baghdadi,

4.

Yaqut,

5.

al-Subkl,

Irshad,

5,
v.

Tabaqat,

loc.
v. 12,

37

twenty-two
is

the

who

have

al-Subki,
11,
v.

based

364/974

in

under

102-103.
pp.

p. 339.

jurisprudence.

born

cit.

the

al-Mawardi

opinion

would

the

al-Saimari

around

p. 102;
Bidaya,

406.
p.
v. 3,

under

al-Saimari

v. 12,
Kathir,

op. cit.,
op-cit.,

began'his

on

was

it

at

reason

there

death

man's

funeral

He learned

This

al-Qasim

the

al-Baghdadi,

probably

who

age
where

in

His

studies

Baghdad.

Tarikh,
and Ibn

al-Athir,

Harb).

undetermined

jurisprudence
Abu

buried

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Abu al-Qasim

his

the

Baghdad,

al-Mawardi

al-Mawardi,

studied

c ite

386/996.

that

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achieve

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(jurisprudence)

was
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came

died

country.

pursue

Al-Mawardi
when

not

al-: Mansur.

countryman

For

did

they

al-Khatib

youth,

in

of

but

(Bab

Madinat

studies

supervision

Ghalib

and

pupil,

of

During

War

of

his

mosque

life,

people

Abu

He died

his

of

Other

instance

Al-Mawardi

author.

in

Friday

the

al-Mawardi,

this

spent

cemetery

for

surname,

Ali

f ame of
eighty-six

sources.

c12

b.

of

historical

all

died

in

been

Tabaqat,
p-80.

for

natural
another

to

al-Mawardi

or

somewhere

to

Baghdad,

It

else.
the

Hadith

Such

a study

be

to

was

law,

of

the

two

was

thus

from

Muhammad
and

Abu

al-Fadi

Hamid

b.

as

his

professional

Abbasid

Caliph

In
that
at

1.
2.

his

article
al-Mawardi

Ustwa,

which

in

three

a judge

as

al-Qadir

was

elevated

is

a. rural

to

district

v. 12,

al-Baghdildi,
TabaqNt,
v. 5.
2
Yet Brockelmann's
E. I.
had
judgeship
at Ustwa
historical
sources.

the

p. 102;

in

JaIal
1

later.
four

decades

the
towns.

mentioned
of
the

chief
northern

al-Subki,

claim
of al-Mawardi's
in
not been mentioned

38

on

Prince

many

post

b.

impact

served
in

c Ali

al-Maristani,

or

Brockelmann

al-Miwardl,

these

c
Ja far

Buyid

al-Mawardi

complete

b.

discussed

first

the

Tarikh,

to

sought

as

juris-

of

study

known

be

will

Islamic

of

who had a great

life,

on

Qur'an,

al-Hasan

the

science

Muslims.

the

al-Minqarl,

towards

Throughout
of

Sahr

the

pious

instruction

masters:

ara'ini

429/1037

in

al-Daula.

of

time.

that
when

the

he went

that

with

to

Baghdad

at

foundations

receiving

behaviour

al-Mawardi's

for

al-Baghdad-1,

al-Isf

age

al-Maward-1

a number

b.

an

along

essential

by

Muhammad

al-Jaball,

of

indispensable

studies

sciences

centre
in

Consequently,

legal

likely

importance

prime

considered,

prudence.
his

lived

with

either

most

seems

was

one
and

of

studies

jurist

intellectual

Al-Mawardi
of

c ite

Shafi

celebrated

his

pursue

judge

section
none

the

of

Khurasan.

of

historical

the

of

province

sources

other

appointments

as

regards

towns

or

the

of

his

dates

During
422/1030)
in

the

this

sources:

a summary
Caliph,

who

the

of

On the
al-Miwardil

moved

service
with

several

Buyids

in
give

to

Abu

his

his

of

al-Iqnac,

the
concisely
2

Fiqh.

of

in

once

book

stating

422/1030

directly

into

the

him

who entrusted

a diplomatic

of

(389/991-

mentioned

Schools

and

of
judge.

of

request

al-Qadir

al-Qalim,

in

the

Caliphate

KE11-ijar

to

for
his

the

G. Le strange,
1966,
p. 393.

2.

Yaqut,

Irshad,

next
of

receive

nature

to

if

The

Lands

the

v. 5,

al-Qalim's

his

of

oath
of

Caliph

of

after

al-Mawardi

The
the

year

Baghdad,

recitation

territory.

allegiance,

1.

3.

al-Qadir

a manual

openly

423/1031,

arrange

khutba

of

the

at

of

the

to

succession

and

post

of

Saljuqs.

and

to

more

the

only

Sunnite

death

missions

In

sent

four

names

he wrote

when

possess

Caliph

the

of

apparently

fiqh,
to

wanted

reign

details

any
the

holding

was

Shaficite

of

doctrine

the

is

al-Mawardi

provide
either

long

the

Unfortunately,

the

the

prince
granted

Eastern

was

allegiance

Caliph's

name

promised

to

him

the

Caliphate,

p. 408.

C. Brockelmann,
"al-Mawardi",
that
al-Mgwardi
claims
was
According
to all
al-Qadir.
is
this
not
correct.
sources
79-80.
3,
pp.
v.
39

E. I.
Brockelman
for
the Caliph
an envoy
historical
the principal
See Hasan,.
Tiarikh,

title

Ital-Sultan
Lord

and

that

title

the

Kalijai

then

proposed

the

to

al-Mawardi

al-Daula)

envoys

returned

bearing

thirty

thousand

dirhams,

camphor,

wood,

amber

Abu

with

Abdullah

between

peace

Kalijar.
both

his

In
him

grant
The
in

Caliph
the

an

that
title

orders

gave

khutba

Friday

Ironically,
not only
affairs.

to

the
of

in

by

Caliph

the
to

and

his

his

mission

and

asked

al-Muluk
title

this

that

the Caliph
his
manage

Buyid

prince

Malik

only

when

the

with

the

at that
country

make
Abu

nephew
and

received

valuable

al-Mawardi

faced

the

Caliph

(King

of

should

prince's

time
but

Jalal

prince

alto

Kings).
be

name.

recited
But

lacked
the power
his
personal
also

2.

F.
H.
65-66;
8,
Muntazam,
and
Ibn al-Jawzi,
pp.
v.
ShEhamshigh
"The title
Amedroz,
and the Buwayhid
398-399.
4,1905,
Chronicle,
in
Numismatic
pp.
Rulers",
v.

3.

Bowen,

4.

Ibn

op. cit.,

Kathir,

228-229.
pp.

Bidaya,

40.
p.

12,
v.

40

aloes

as

such

from

year

dinars,

thousand

sent

al-Daula

429/1037,

in

The

a mediator

as

agreement

Caliph.

was

the

was

succeeded

challenge

greatest

Daula.

Jalal

to

the
It

gifts,

al-Mardusti,

came

from

many

Mawardi

Al-Mawardi

of

agreed.
two

State"

the

etc.

...

Prince

princes

presents

and

Caliph.

"King

them

with

428/1036

In
-c

which

the

on

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title,

Sultan

great

refused

befitted

only

(Malik

(The

al-Umam"

Al-Mawardi

Nations).

of

L,grounds
Abu

Malik

al-Mucazzam

it

when

was

aversion

by

protest.

recited,

the

throwing

bricks

Therefore,
their

pronounce

legal

and

al-Baidawi

be

considered.

case

Salah

in

to

refused
unlawful

only

al-Mawardi

Jalil

for

al-Daula,

more,

prince

called

in

no way
to

view
and

than

it

be

Jalal

months.

him

to

his

may

8yp.

Muntazam,

have

which

is

After

giving

out

his
been

as

sincerity

a result

that

he was

v. 8.

p. 65.

65.

.1

Ibn

al-Jawzl,

op. cit.,

41

his
court
house

Buyid
that

he knew

because

for

a title

him

assured

regard

to

right

his

of
the

and

as

the

attending

palace

his

it

the

Thereafter,

one'as

b.

Mansur

had

stir

conduct,

title

al-Daula's

not

his

increased
It

to

two

honest

merely

from

did

and

resented

an

Kings
I
God.

refrained

Abu

regarded

no man

of

Almighty

agreed

al-Mawardi

and

that

King

as

for

suitable

title,

grounds

himself

opinion

he

the

that

to

was

al-Mawardi

Shaikh

and

because

intention

that

reported

the

to

Qad*.

matter.

the

reported

recognize

on

designate

al-Mufti

fuqahal

to be permissible

al-Jawzl'

in

mosques

al-Saimarl

only

was

Ibn

Adab

it

titles

It

the

of

the

al-Tabarl,
held

such

but

them,

with

of

of

imams
asked

in

opinion

Abu- al-Tayyib

the

Caliph

their

showed

the

at

the

al

in

congregation

him.

was
2-

of

his

appointed

his

undoubted

opposition
in

the

same year

as Aqda

OPposition

from

al-Tabarl
the

much

attention

title

his

until
to

Yaqut,

as

the

was

it

that

in

form

and

their

This

continued

to
of

a condition

the

be

than
Literally,

honour,

an

It

legal

opinion

It

he

seems

Mawardi's

of

Agda

the

opinion

al-Qudat
Four

the

Salj5q

Yaqut,
2.

the

title

Tughril

Irshad,

al-Qadir

and

as a sign
years
Beg

v. 5,

of

later,
who

Jalal

al-Daula

King

p. 407.

Ibid.

42

him

his

for

of

Kings.

with

al-

the

title

satisfaction.
the

was

was

al-Mawardi

granted

be

must

title

was satisfied

probably

matter

professional

him

entitle

al-Qudat,

al-Qudat

prince

was

former

on

Buyid
to

Qadi

a mere

and

bestowed

Caliph

which

to

the

Hijra.

the

title,

Aqda

late

as

significance.

but

the

Caliph

the

according

judges
of

pay

title

al-Qudat,

became

an official

against

that

real

have_been

may

asked

of

claimed

not

the

enjoyed

century

it

both

did

as inferior

al-Qudit;
than

rather

post.

when

Qadi

to

superior

Abu

who

on

to

time

one

al-Tayyib

Aqda

seventh

of

Qadi

as

conferred

be regarded

rather

and

attached

course

brought

Al-Mawardi

title,

the

appointment

al-Saimarl)

views

death.

should

though
of

to

such

illegal.

was

beginning

There

jurists

some

(d. 450/1058)

that

The

al-Qudat.

Caliph

incIrTq.

sent
The

him
object

to

of

the

mission
in

name

khutba

the

Caliph

the

Jalal

Qa'im

when

share

in

It
fere

434/1042

to

the

for

Jalal

the

Al-Mawardi
Beg

Kalijar,

when

the

being

Al-Mawardi,

Tughril

honour

by

1.

Ibn

Kathlr,

2.

Ibn

3.

Ibid.,

al-Jawzl,

Caliph's

sent

Buyid

prince

Buyid

to

Bilyid

parties

the

Caliph's
3

were

12,
v.

of

was
Jalal's

293.
p.

v. 8,

116.
p.

43

the

future.
did

so

the
and

engaged

envoy,

persuading

435/1043.

al-Daula

Because

Muntazam

in

tax.

secure

in

longer

between

peace

Jalal

two

Beg.

was

make

no
the

collect

mission

in

action

refusing

to

succeeded

prince

to

his

on

the

agent

the

but

to

this

inter-

an envoy

Baghdad.

final

and

for

the

money.

to

leave

repeat

financial

of

to

the

sent

was

lack

of

decided

to

al-

not

Al-Mawardi

year

Caliph

Caliph's

jawali,

the

sent

not

The

Tughril

of

tensions

princes

Caliph

release

Caliph's

-the

apart

The

rights.

next

let

that

serious

the

Muslim

set

then

al-Daula

From

it

c Abbasid

because

the

Caliph

was

were

the

(jawali)

to

Caliph's

the

for

confiscated

revenue

the

so,

Al-Mawardi

and

former

the

al-Daula
do

Tughrills

of

substitute

and

expenditure.

Jalal

reciting

there

al-Daula

poll-tax

with

private

to

and

customary

was

the

stop

al-Qa'im.
In

between

to

was

113-114.
pp.

in

Saljuq
Abu
war.

treated
death

with
in

the

same

year,

months

for

in

beginning

the

Caliph

al-Mgwardl

negotiation,

his

about

longer

But

it

the

Sunnite
the

and

and
famous

most
State

name

a diplomatic

of

devoted

Caliphate

of

Imamate

he

to

reported

the

onwards

that

as

that

seems

author

437/1045

appeared

Baghdad

to

returned
he

where

six

about

stay

the

mission.

From
no

436/1044

to

he

then

and

of

forced

was

his

book

mediator.

activities

became

known

well
the

on

administration,

al-Mdwardi

of

theory

namely

to

defending

as

the

of

the

al-AhkEm

al-SultHniyya.
As
is

nothing
What

is

in
The

known

certain

official

regards

al-MEwardll's
before

either
is

position

that
as

BaghdEd

in

Darb

street

is

located

after

a judge,

429/1037

from

settled
(Saffron

the

Shicite

as

or

resigning
he

al-ZacfarEni
in

position

a judge

after.
his

permanently
2

Street).

quarter

of

al-Karkh.

"It
the finest
was one of most populous,
and
best
built
in the city.
The majority
of
its
householders
jurisconsults,
were merchants,
"3
and other
wealthy
people.
"Al-Mawardl"s
to
testifies
of residence
place
financial
he must
have
the
solid
position
which
by this
in his
life.
It
time
achieved
would
been
have
for
him to accumucertainly
possible
late
the
riches
as a result
of
remunderations
judgeships
his
from
various
as well
as the
his
diplomatic
from
to
missions
perquisites
"4
Buyids
the
and Saljgqs.

1.
2.
3.

4.

294
from
Ibn al-Jawz'l',
Akthar,
cit.,
as quoted
op.
p.
Muntazam,
v. 8, p. 233.
Akthar,
op. cit.,
p. 289.
ii-l-VNw-ardils
Al-Ahkffm
D. May,
al-Sultaniyya,
unpub.
University,
1974,
Indiana
Ph. D. thesis,
p. 70, as
A
BaghdN!
d
from
Levy,
Chronicle,
p. 191.
quoted
loc. cit.
D. May, op. cit.,
44

During

his

long

reputation

in

Having

gained

Caliphs

as

sent

to

order

sort

lived

in

the

Tughril

in

defence

ME;wardl

not

to

the

of

contract
niece

was
the

most

in

Tabaqat,
-

1.

al-Subki,

2.

Ibn
H.

said

Tabaqat,

al-Jawz"17,
"La

Laoust,
EI
xxxvi,

R
4. Ibn

al-Jawzi,

that

last

Accordingly,
no

from

longer
for

undertaken
But

.3
from

he

al-QE,

im

in

al-

public
the

signed

conduct,

personal

biographies
Islamic

Ibn

Khairu-n
was

al-Mawardl

448/1056

"a

one

et

llaction

loc.

45

cit.

as

politique"

one

of

Al-Subk1',
of

man who

81 p. 113.
.

Muntazam,

al-Maward'i

history.

p. 303.

v. 3,

op. cit.,

his

after

that

in

pensee
p. 14.

al-Mgward-1

Sunnism"

historical

from

his

most

quoting

life

entirely

Caliph

jurists

virtuous

students

3.

in

described

his

them

disagreements.

actions

and

Beg.

regards

between

al-Milward!

of

reported

of'Tughril
As

of

...

the

he was

and

of

himself

is

It

celebrations.
marriage

name

exclude

Amirs,

of

a mediator

Caliphate

the

the

cAbbNsid

435/1043.

vanguard

of

did

"the

the

(Sultin)".

especially
in

imposing-

of

ruler

BUyid

years

Beg

437/1045

year

appeared
the

final

the

man

disputes

their

out

semi-retirement,
to

mission

as

act

gained

trust

the

of

to

the

and

that

times

In

by

respect
as

"a

as

regard

the

several

in

high

well

al-Mgward'i

historians

among

held

rank,

life-span,

al-Mawardlls
commanded

11

great
gentle,

dignified,

polite

that

also

Ya-qu-t

al-Miwardl
is

assessed

modesty
special,
Islam
much

and
as

aware

an

every

Muslim

importance

discerned

1.

Tab9-qit-,

2.

Bidaya,

3.

Irshad,
hiding

3,
-. v,,
v. 12,

the

any

his

of

they

are

and

from

be

anyone
in
them

virtues,
and

students,
in

that

stressing
with

his

students.

conduct

writings

as

especially

these

and
his

studying

make

practise

qualities

character

respect,

virtues

must

their

such

therefore

must

not

to

special

nothing

it

dignity,

acquiring

with

being:

These

principal

jurists

then

a human

do

obliged

of

Al-Mawardills
better

so

al-HamadNnil

a view.

these

is

Thus

is

was

He was

opinions,

students

are

demonstrated

al-Mawardi

such

like

they

there

therefore

al-Malik

Gentleness,

because

the

by

seen

not

his

qualities

when

especially

angel,

from

possible.

of

letters.

these

all

critically.

and

of

"he

seen any person

more serious
have never
heard
him laughing
his
and I could
never
perceive
from
the time
kept
when I first
him until
his
death.
"3

accept

come

Kathir,

al-Miwardil:

be
to

unrealistic

Ibn

Abd

to

we accept

would

descriptions
be

of

to

been

never

said

have never
than
him;
I
at any time,
forearm
bare
company
with
If

has

arm

a student
"I

a man

and

his

friends"
-

According

respect".

can
and

be

his

267,
p.
p. 80.

v. 4, p. 408.
limbs
the
was,

It
at

is interesting
that
time,

46

to
a sign

that
note
of respect.

attitudes

towards

doubt,

Without
JalHl

against
his

to

the

position

that

King

the
the

King

of

of

this

when

he

be

justified

he

which

and

Judgment

of

had

It

and

from

an
in

incident

religious

grounds

"the

base

most

a man who
to

anger

is

Adab

jurists.

related

the

calls
only

al-Miwardl

which

Kitab

stand

on

that

said

to

other

a man who

almighty
be

could

on

a jurist

of

the

is

was

opinion

indication

an

for

"Allah's

said,

Allah

legal

is

Hadlth,

Kings".

himself

al-Miiward'i

easy

city

Day

Kings.

appears

not

the

himself,

It

429/1037

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Prophet
kills

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of

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Allah

himself

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he

with

al-Maward'i's

in

al-Daula

courage,

His

to

issues

involved.

was

up

different

the

is

al-Dunya

is

name

calls
Abu

Huraira

hard

upon

himself
Kingf'.
was

mentioned

1
modest;
by

Wall-D'in,

!aid:

I
that
telling
myself;
once
about
am
you
(b!
legal
book
transactions
on
yUc)
a
composed
I could
I gathered
in which
of the works
of
all
finished,
I
Once
the
work
was
other
people.
felt
the greatest
subauthority
on the
myself
two Bedouins
One day,
ject.
came to my circle
had
in
they
made
a
contract
me about
and asked
four
involving
desert
the
conditions
on certain
They
then
I
issues,
could
solve.
none of which
but
had
less
knowledge
to
who
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someone
went
I
in
their
spent
problem.
solving
succeeded
to solve
time
thinking
such
my inability
about
be
to
an
myself
considering
while
problems,
The case was an inner
and
warning
authority.
leave
to
to
pride
my
self-conceit
a challenge
"2
follow
modesty.
and

"I

1.
2.

al-Subkl',
al-Mawardi,

Tabaqat,
Adab,

v. 5,

p. 271.

81-82.
pp.
47

Al-Mawardi
towards

others,

reported

that

active

even
in

against

singing

with

everyone,
I
whom they

were

boys.
be

would

323/934

an

beaten

Al-MRward'i

answer
to

had

as
They

the

people

was

not

Sahib

the

the

about

if

was
very

such

wine.

even

taken

and

were

Baghdad

women,

adequate

It

wrong.

drinking

men or

tolerance

of

Hanbalites
in

associated,
If

did

the

and

both

a sense

they

when

abominations

prostitution,
asking

had

also

were

people
concerned
they

given,
1

al-Shurta.

a different

He wrote:

view.

"If
the Muhtasib
sees a man with
a woman in
he has no right
public
to
with
no suspicion,
be rough
But,
and to ask needless
questions.
if
they
the Multasib
are in a deserted
place,
hesitate
that
the woman is
must
and be sure
Then he should
not
a wife
or a relative.
Allah
them to fear
advise
and not to commit
them of Allah's
adultery
and to remind
in the Hereafter.
v12
punishment

not

swim,

problem
it.

Al-Maward'i

also

the

current:

against
could

Al-Miwardl

ious

(qadar)
man

ally,

since
he

should

tackle

them

1.

Ibn

al-Ath"17'r.

2.

Al-Ahkam,

3.

al-Mawardi,

in

if

Ka-mil,

if

words,
should

submit

is

unable

to

stand

against

have

faith

in

it.

Politic-

and

on

the
submit

v. 8,

and

circumstances,
to

them

229-30.
pp.

49.
p.

48

logical

the

man

249'50-.
pp-..
al-Wizara,

should

view

oppose

carefully

one

man

his

should

not

that
other

then

solved,

based

grounds,

destiny

be

not

believed

if

to

relig-

but
necessary.

Al-Mawardi"s
such

as

carrying

stones

He described

(Camal

and

bahlml),
for

specified
is

ation
who

His
us

living

with

al-Mawardils
despite

of

depended

J41al

prince

The

during

in

traditionalist

held

who

to
of

close

the

quarter
he

an

Sunnites

at
with

relationship

Shi
that
the

-C

numer-

that

seems

the

among

had

and

It

rule.

live

accepts

antagonistic

Baghdad

of

gives

ites

period
Buyid

al-Daula.
of

charge

this

respect
who

being

The

c
Mu tazilite

been

Ibn

Salah,

made

against

accusation

earliest

was made by

has

the

c
Sha-fi ite

said,

him,
is
forgive
Allah
"This
may
al-Mawardi
!
had
I
Muctazilism.
not
being
with
charged
to explain
it,
investigated
and I even tried
Qur, Nnic
interpretations
his
of certain

al-Mawardi,

and

-r-

since

Budyid

the

hatred
his

a ShIci

in

Sunnites

the

al-Mawardi.

against

al-Mawardly
justice

about

speaking

is

devi-

like

leader

self-interest,

capability

on

job

of

intellectual

This

settling

c
Shil ites

the

their

job

kind

this

a religious

in

against

disputes

rather

people.

behaviour

attitude

him

the

states

is

a bestial

as

tasks

manual

wood

that

treatises

impression

an

ous

from

numerous

among

he

it

spirits.

strange

wrote

equity

base

cutting

and

non-religious.

the

towards

view

Adab,

p. 212.

49

there
verses
about
which
are differences
of
Sunnites
opinion
among the
and Muctazilites,
I observed
he had adopted
that
until
some
Muctazilite
of interpretation
views
concerning
these
But he is not
a
verses.
entirely
Muctazilite,
to
as he does not
subscribe
their
(Vsffl)
principles
such as the creation
however,
Still,
he agreed
of the Qur,. En.
them on the doctrine
with
of predestination,
the
the people
affliction
overcame
which
of
Basra
time
a long
ago. 111
The
speaks
of

of

fiqh

al-MEwardl'

with

to

c
Mu tazilite

To

to

interpretations

that

admit.

i. e.

the

the
he

Muctazilites
addition,

Tabaqat

al-Mawardils
of

al-Muctazila

Sarhan,

Adab

al-Qadi,

2.

Irshad,
v. 5,
155.
3,
p.
v.

407,
p.

Z.

Jarr

Allah,

al-Mu

clearly

the

usul

was

as
never

Ahmad

al-Murtada.

v. 1,

pp. 33-34.

and

al-Dhahabi,

c tazila,

50

main

is

p. 51.

al-

same

time

principles,

contraof

is

verses

the

at

considered
name

that

Qur'anic

their

it

c
Mu tazilite

does,

and

of

support

really

was

some

certain

one
be

can

Therefore,

Salah

of

scholars

had

who

c (branches)

furu

al-Mawardi-

Qur'an,

the

not

1.

3.

one

refuses

would

these

c
Mu tazilites',

of

whoever

of

of

refutes

creation

dictory;

In

to

similar

usul

Ibn

Yiqu-t

(principles).

in

simply

as

say,

in

evidence.

he

by

made

c ite

whether

whether

inclinations.

are

solid

determine
or

Mawardils

none

also

was

a Shafi

as

fact,

allegations

important

charge

a MuCtazilite

and

In
his

same

the
3

c
Mu tazilite.
mentioned

Liz'an

in

al-Mizan,

The
importance
This
he

had

in

Sunni

to

him

point

he

where

In. Adab

of

are

in

authority

by

al-Mawardi's

the

criticisms

emphasis

on

reason
he

and

reason

c-

A lam

book

the

considered

and

reason

from

al-Dunya

aql

al-Nubuwwa
the

as

wall-Din,

a discussion

to

allotted

reason,

clear

His

that

assume

to

prophecy
in

chapter

of

vulnerable

general.

justify

to

source

aql).

mother

of

2
C
umm al- Ilm.

science,

pages

him

reason

fact,

In

the

to

scholars

main

made
in

a full

the

the

as

scholars

accorded

some

from

stems
to

tendencies.

works

pushed

accusation
accords

caused

reason

his

of

even

has

what

the

of

al-Mawardi

c1Mu tazilite

belief

of

which

is

some

core

the

basis

its

importance

his

treatises

of

all

an

Nasihat

fifty

than

importance

the

of

virtues.
as

more

The

Imperial

concept

of

virtue

is

al-Mulu-k

and

Tashil

opinions

are

not

al-Nazar.
These
to

sufficient

Al-Mawardils
must
has

be
an

1.

Donaldson,

2.

Al-Mawardi,

al-MHwardl

charge

interpretations
as

understood
extreme

of his

examples

of

the

Muctazilism.

with

certain

Qurlanic

of

a Mujtahid

opinions

belief

in

reason

Studies
" c
lam,
--A

in

Islamic

the

as

main

9.
p.

20f
f.
pp.
B

51

7'
%-ko

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2:

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.

1-,
l21(V
0,Qp;,

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authority

p. 84.

Ethics,

verses

in

even

legal

himself

Al-Mawardi

matters.
a Mujtahid

as

himself

Considering
independent
matters

in

view

the

on

maternal

his

towards

I
izi

Al-Maqri
revived

the

under

Even

Transoxania.
C
Shi ites
the

al-Daula

adopted

doctrine.

flourished

who

(367-385/977,

their

under

the
of

wizara
held

the

but
their

reviving

he

only

devoted

his

1.

Yaqut,

Irshad,

2.

Yaqut,

op. cit.,

3.

Adab

4.

Jarrallah,

al-Qadi,

loc.
1,
v.

op. cit.,

408-09.
pp.
cit.
p. 79.
pp. 209-10.

52

were

many

and

most

and
b.

of

c Adud

prince
The

c
Mu tazilite
its

reached

(326-385/

Abbad

for

eighteen

years

was

al-Sahib

especially

principles,

v. 5,

8-uyid

authority

scholars.

there

BUyids

office

and

usul,

al-Sahib

of

Mu tazilism

views.

Not

-995).

Muctazilite,
to

of

to

c
Mu tazilite
The

Qadi

justification.

Khurasan

Africa

North

the

some

the

under

in

c
Mu tazilites.

were

937-995)

in

adopted

who

Shica

apogee

B7yids

c Iraq,

the

al-Mawardi's

that

reported

Shafi

c ite

regardless

a logical

needs

legal

the

allows

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some

on

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reason

the

relatives

judgement,

or

even

i. e.

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his

in

refute

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of

Madhhab.

personal

to

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Madhhab

a Mujtahid

Madhhab,

inheritance

any

attitude

him

c ite

Shafi

the

side.

follow

led

thinker

'

(imitator).

a Muqalid

not

described

always

and
among

wealth

The
turning

Baghdad,
as the

Ghazna

of

Qadir-lya

merits

doctrine
order

the

It

court

that

he

Jalal
be

should
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ations.

(principles)

usul

scholars.

who

nor
wrote

their
number.
I
c
a Mu tazilite.

of

attitudes

may

independence
Shar

be
and

was

It

doubtful

is

More

probably,

seen

as

a freedom

frequented

not

surprising

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that

result
of

of

classified

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the

inclin-

their

of

c
Mu tazilites

the

the

of

who

adopted

ever

about

burned.

impact

the

some

neither
he

be

as

the
by
one

al-Mawardi

was

intellectual
intellectual

of

interpretation

even

in

From
life

by

influenced

the

and made the

it_is

and

a book

denied

al-Mawardi,

al-Daula,

al-Mawardi

I.

their

change

should

that

the

wrote

Qur'an

books

affect

should
of

c Umar

inevitable

was

the

himself

the

of

creation

to

people

and

c
Mu tazilite

all

Mu tazilites

Bakr

known
was

he attacked

Caliph

Abu

of

of
that

ordered

in

which

creed,

which
the

influence

instability

his

in

was a

al-Qadir
increasing

the

political

420/1029the

In

the

on

Creed,
and

views.

by

declared

al-Qadir

Muctazilites

and

Caliph

the

of

Supported

point.

Mahmud

of

reign

that

al-Mawardi
Ibn

can

be

emerges
al-Jawzl,

little

historical

discovered

together

the

as

a complex

Muntazam,

v. 8,

53

evidence
with

personality.
pp. 38-41.

his

of

his

writings,
He was

a reasonably
relations
Baghdad,

be

described

may

the
as

two

Amir
an

astute

an

outstanding

showed

in

his

indicate

some

who

the

political

However,
is

writings.

opportunism.

54

factions
As

Caliph.

man.
figure

good

enjoyed

disputing

principal

and

him

makes
he

the

with

in

jurist

successful

the

such

he

what

really

great
Yet

could

ability
even

these

CHAPTER

AL-MAWARDI'SEARLY

P0LITICALTREATISES

CHAPTER

AL-MAWARDII

EARLYP0LITICAL

TREATISES

INTRODUCTION

It
political
of

book
book

of

al-Ahkam

marks

produced

forward

political

thought
They

Nasihat

earlier

are

3.

K.

4.

Adab al-Dunya
wall-Din
world
and religion)

Enger

accuracy.

al-Dunya

wall-Din

in

public

1.

M. Enger,
MDCCLIII,

in

the

(Book

difficult

which
mosque

Maverdil:
P. iv.

are

works

thought.
which

also

for

put

merit

the

date

that
Wasit

Constitutiones

56

Kings)

al-Zafar
judgement
and

vizierate)

(Ethics

of

these

books

a manuscript

says
in

political

possible.

c
Ta jil

of

to

cites

be made

his

(Advice

Tashil
al-Na7,. ar wa
(facilitating
the
hastening
victory)

is

understanding

follows:

as

al-Muluk

al-Wizara

to

therefore

2.

It
any

of

and

earlier

a full
is

culmination

treatises

1.

if

al-Mawardi

Several

the

study

al-Sultanlyya

the

consideration.

to

necessary

writings

his

This

is

that
by

of
book

al-Mawardi

Politicae,

this

with

Kitab
was

Adab
read

in421-1030.

If

it

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to

preferable
books
K.

of

al-Ahkam.

it

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appear

Dunya

wall-Din

was

of

these

account

the
in

hinted

he was asked
teachings
al-MEward-l's

of

try

by
the

book

by

Shafi

al-Iqna

57

al-

the

al-Ahkam

period

of

both

these
to

the

some

to

period

take
is

present

Madhhab.
which

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some

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We know

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ite

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-C

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discover

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al-Qadir

Caliph

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Buyids.

s career.
at

at

break

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to

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will

al-Mawardi'

occasionally

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it

works,
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to

order

but

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to

of

life

end

later

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on

Kitab

the

of

correct,

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since

able

influence

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In

were

is

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that

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(d. 467-1074)

Caliphs

from

extent

in

seems

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towards

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mean

written

al-Qalim

the

influence

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than

and

Enger

(381-4n2/991-1030)

al-Qadir

the

by

times

political

was

at

throughout
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al-Sultaniyya

Imam

the

constant

some

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princes.

latter

the

given

to

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to

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able

periods

very

of

shows

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expressed

of

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publicly

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earlier

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role

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Caliph

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very

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madhhab

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ing

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period

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principal

while

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is

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In

work
the

1.

Yaqut,

Irshad,

2.

Supra,

pp. 81--82.

only

ethical
of

this

group.
Adab

Adab

p. 408.

58

must

be

In

alwhich

noted

political,

its

literary.

al-Dunya,

kinds

works

partly
and

c ill -r-

al-Wizara

works

It

the

generally

al-Sultaniyya,

various

v. 4,

two

Imam.

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of

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seemed

contain
wa-Ta

K.
to

Enger,

writings

kind

Princes".

come

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al-Nazar

belonging

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cited

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the

Enger's

indeed

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period

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discussing

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role

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human

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J.
to

a book

should
Nasihat

1.

Adab,

be

on

Mikhail

slyasa

the

al-Muluk.

correct

takes
and

al-Mawardi's

up

suggests

title

of

He points

what
out

p-212.

59

Siyasat

that
is
that

now
such

reference
al-Mulk
called
a work

has

been

historical

the

Nasihat

end

al-Mulu-k

adopt

work
for

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al-

the

view

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will

be used

in

this

is

428-1036

Tash'il

internal
for

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mission

al-Maward'i

Kalijar

and

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appear

Adab

al-Dunya

al-Zafar,
and

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the

(5)

Kitab

J. Mikhail,
Thought.

(1)

be:

(2)

421-1030;
after
al-Ahkam

428-1036

Nasihat

(3)

al-Sultaniyya.

Al-Mawardi:
Unpub.
Ph. D.,

a Study
Harvard

60

order

between

(4)

diplomatic

the

of

the

written

AbU-

works
before

wall-Din,

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428-1036;

after

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known.

mediation

to

chronological

wall-Din;

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in

al-Muliik

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book

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al-Daula.

before

written

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must

c j'll

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his

mentions

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to

is

date

indeed

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wa-Ta

to

evidence

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it

as

al-Nazar

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kings.

two

thesis

seems

al-Mulk.

al-Mgwardils

to

the

taken
of

with

was

referring

convenience,

been

al-Mulu-k

was

Siyisat

well

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content

title

it

no

from

has

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the

is

arises

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fits

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entitled

to

sake

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him

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by

addition,

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in

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text

conforms

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suggests

the

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copyist.

reference

he

of

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work

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at

V1

to

to

a title

sentence
by

al-Mawardi

reference

al-Mulak,

up

to

ascribed

al-Nazar

wa-Tacjll

Kitab

al-Wizara;

The

in Islamic
University,

last

work

Political
1968,

p. 115.

belongs

to

the

when

later

latter

authority

have

the

made

logical

division.

The

al-Nazar

together

Tashil

out,

Princes",

the

of

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while

are

concerned

more

with

Islamic

political

these
division

the
than

rather

which

the

Kitab

al-Wizara

These

works

the
of

works.

literature
allusions

NASrHAT

introduced
the

of

the

model

logical

Islam

of

al-Nazar,

ethics

elements

conduct

to

the

this

and
literature.

of

rulers,

necessary

Isalmic

order.

genre

educate

under

with

and

princes
the

of
kind

art
of

alongside
kings.

Sassanian

AL-MULUK

Only
text

in

deal

their

Tashil

a Persian

to

written

thus

literature

Princes"

was

of

and

to

of

already

ideal

a more

view

Nasihat

al-Sultaniyya

chronological

belong,

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to

of

books

the

as

se

therefore

al-Muluk,

class

government.

per

Nasihat

were

official

Imamate
from

of

his

"Mirrors

al-Ahkam

apparent

Mirrors

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assert

are,

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proposed
point

to

books

two

termed

al-Dunya
the

al-Qa'im

chronology,

are

theory
is

from

works

that

with

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perspective.

suggested

kind

of

Buyids.

this

and

pointed

attempt

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of

reign

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a more

al-Muluk

a resolute

that

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of the

period

Nasihat

four
al-Muluk

sections
(advice

61

of

out
for

ten
kings)

in

the
are

whole
concerned

with
which
of

The

politics.
lead

may

soldiers,

management

of

to

addressed
fact

the

-C
Shi
ite
a

despite

the

al-Mawardi

on

how

relating

kind

this

Buyids

malik,

was

regarded

way
justice

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compiling
that
and
in

of

element

of

Princes"

not

free

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from

it.

work

was

title

the

Arabic

a
advice

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claimed

the

as

in

of

equivalent

of

Shah.
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king

long

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effect,

acting

an

to

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government

community

ruler

is

work
it

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facto

"Mirrors

of

makes

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however,

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itself

feeling

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addressed.

for

on

In

and

Persian

advice

Caliph.

literature

the

of

the

de

was
Despite

leader,

of

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the

on

religious

presence

in

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c ite

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giving

and

al-Daula.

governing

by

management

al-Muluk

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govern.

title

Jalal

a work

accepting,

the

Nasihat

prince,
a Shafi

factors

criminals.

who

sycophancy

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and

leader

way
to

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on

the

populace,

mentioned,

addressing

was

practical

of

traitors

he was

was

are,

decay,

to

management

already

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that

al-Mawardi
to

the

enemies,

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sections

kingdom

the
on

four

it

provide

which
as

to
this

himself

treatise

was

from

resulted
for

necessary

him

with

govern

the

would

guide

that

claims

him

them

62

his

and
to

his
straight

motive
religious

advise

knowledge

a proper
state

to

the

of

the
the

subjects
paths

with
and

to

happiness.

benefit

from

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in

but

is

his

he

claims

His

common

folk".

every

Muslim

to

to

guilty
the

please
his

out

and

as

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as it

is

this

1.

latter

the

in

is
during

al-Mawardi

Al-Mawardi,

in

the

his

over

the
skies

life

goes

Nasiha,

God

on

texts

and

on

earth"

to

say

fol.

4a.

63

lead

honours

in

in

advice

to

order

through-

over

bodies

(XXXI,
that

the
whole

occurs
man

(XVII,
earth

the

this

which

inanimate

Qurlan

of

because

giving

a theory

that

says

mentioned

whatsoever
mankind

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he

in

duty

the

and

versa.

Qurlanic

maniPulating

Muslims

the

is

could

vice

To Allah

advice

good

al-Mawardi

Buyids.

works,

ruler

righteousness

and

happiness

of

it

is

"Religion

He said:
of

of

authority

said,

leaders

the

the

give

goodness
to

Prophet

Accordingly,

However,

is

contradict

and

on the

To whom?

and

their

community

the

We said:

Messenger

ruler's

who

scholars

insincere

a tradition
that

al-Dari

advice.

and

religious
The

are

knowledge

principles.

Ruqayya

good

his

reward.
a religious

as

(-ulu'll-Amr).

He records
Abu

obligation

temporal

any

Al-lah's

seeks

exhibit

for

ask

not

only

to

authority

Islamic

the

duty

knowledge,

conceal

does

from

stems

whose

those

king

the

feeling

scholar
to

Al-Mawardi

animals,
(jawamid)

70)

"God made

the

service

20).

He favours

From
kings

of

over

in

people

people

over

because

the

word

which

same

word

(Qur'an

the

same

animals

and

king
was

was

Buyids

titles

be

would

is

obvious

ruin

it

will

they

the

kings

at

the

for

reason

no

and

make

(XXVII,

do"

34),
(XVII,

as usurpers
Nonetheless

argument.
divine

in

this

some

groups

over

verse

the

in

king,
the

because

says

80).

people

1.

Al-Mawardi,

2.

Ibid.,

fol.

his

continues
that
in

God,

ranks

God's

Nasiha,

the

occupies

al-Mawardi,
The

is

describes

for

and

raised

others.

state.
he

Thus

shame.

"We have apportioned

among them their
in the
life
and raised
of the world,
them above others
in ranks
that
some
(XLIII,
32).
"
may serve
others.
The

example,

a township,

which

He maintains

created

for

enter
people

al-Mawardi

vein.

reasons,

the

there

ignore,

to

its

of
or

satisfy

their

render

they

when

honour

the

to

Otherwise,

al-Mg; ward-1

"Kings

verse,

previous

selected

legality.

of

the

Prophets

the

to

is
same

Further,

that

time,

same

the

ancient

deliberately

were

a shadow

Qurlanic

the

IV, 54).

and,

with

the

the
This

using

God.

V, 20 and

verses

bodies.

describe

quite

He favours

through

describe

to

used

It

the

to

that

inanimate

honoured

used

11., 25,

Qurlanic

is

degree

duty

people's
shadow
fol.

on
9a.

9a.

64

earth.

is

to
2

livelihood
some'among
of them

highest
serve
In

rank
him

other

words,

absolute

is

monarchy

for

managing

people's

the

king

his

and

between

the

the

shepherd

the

former

the

the

this

The

ruler

is

The

body

which

"head"

in

and,

florgans"

is

must

and

society

it.

serve
Al-Mawardi

problem
that

it

the

king.

of

the

unjust

is

best

for

In

other

him,

against

duties

religious

writers

al-daula).
which
vided
His

the

the

guide

lines

to

of

the

awareness

Na$'lba,
Ibid.,
Ibid.

legal

idea

He attempted
lead

of

obeys

is,

might

members
1.
2.
3.

discuss

to

the
fol.
fols.

Buyid

are

no

when

the

he

"organs".

and

organs.
this

without
alive,

all

state

to

they

are

not

God,.

and

practises

to

one

perhaps,
state

of

decay,
this

prevent
struggle

for

dynasty

made

9a.
10-11.

65

revolt

of
and

from
power
him

the

the

he

first
(fasad

corruption

a limitation
to

with

penalties.

of

maintain

dispute

to

not

the

to

solution

He seems

people

words,

Al-Mawardi

Without

ruler.

and

"head"

"head"

provides

he

is

temporal

survive

the

king

philosophy

people

keep

the

since

the

cannot

to

order

their

the

as

relation

animals.

to

relation
head

the

the
The

manage

inclines

between

relation
to

the

are

cannot

Al-Mawardi

government

animals.

people

people

characterizes

linked

his

and

of

The

is

subjects

and

system

affairs.

shepherd

business.

best

the

also

factors
pro-

happening.
between
consider

the
this

factor
Naturally,
cult

first

step

would

place

al-Mawardi

he

present

the

as

it

situation

Rdyids.

to

Consequently,
to

ences
over

were

he

broke

Islamic

up

to

being

sure
fact

the
Buyid

that

that
which
through

stands
the

accepted
the

411

legalized

to

It

is

struggle
quite

fighting

Another

1.
2.

the

wicked

Nasiha,
Al-Mgwardi,
taken
up

fol-.

the

the

ruler's

and

relatives

statement

seems

of

hereditary

asserted

that

a great

share

and
which

of

viziers

of

did

and

imply

to

was

in

Islamic

fact
society.

fanaticism

and

in

decay.

a state

Shi

could
and

frequent

the

meant
the

the

rulership

It

unity

ignored

consensus

centuries.

al-Mawardi

without

during

caliphs

consent

the

of

Al-Mawardi

concept

entourage

matter

desire

"the

Sunni

element

refer-

element

the

-C

ites

lead

to

scribes

in
decay
whose

15a.
15a,

fol.
in

was

latter's

the

Sunnites

the

contention

against

that

obvious

between

Baghdad.
was

had

the

c Abbasid

maintain

Al-Mawardi
sectarian

11
.

proceeding

as

so

sons

The

point!

al-Mawardi
had

by

chosen

this

their

the

of

that

to

next

reliability

most

were

attack

not

their

of

rule

to

through

death

rulership,

kingship

transfer

the

'

turned

hereditary

to

it

at

Prophet's

diffi-

a most
fact

this

hinted

unity.

Al-Mawardi
corruption;

in

He says

the

after

disintegration.

political

history.

earlier

rulership

which

in

al-Ahkam,

and this
point
al-Ahkffm,
p. 10.

cf.
66

is

also

only

care

was

they

were

legal

men

of

to

led

and

temporal

be

forbidden

of

these

results

reign

in

several

whether

him

from

away
and

God's

neglect

command-

and

work

only

for

results

of

this

corruption

is

for

their

Sunnites
in

was
The

king

the

rightly-guided

1. Nasla,
2.7il-Milwardl,
3. Ibid.,

fols.
fols.

ites

had

fitna,,

all

of
Buyid

the

been

for

stopped

criminals.
by

adopted

Shi-C a with

the

frequent

the

and

safety

public

between

disputes

Religious
were

these

of

during

occurred

professional

was

city

lost

and

common.
of

restoration

by

about

Ic

of

a state

of

that

comment

Buyids.
Shi

discussion

the

of

despotism.

pilgrimage

were

the

and

full

perhaps

The

innovations
of

no

(fasad

religion
undermining

finally

a Sunni

because

years

of
the

and

might

had

prostitution

of

immorality

spoiling

rulership

one

consent

all,

of

covetousness,

Baghdad.

Religious

of

the

there
but

results,

brought

keep

acts

consequential

enemies,

Unfortunately,

lived

to

to

rulers

follows,

as

principles

the

sphere

desires

world.

al-din),

the

the

commit

The
would

and

This

religion.

irreligiosity
ments

illegal

or

king's

the

satisfy

the
must

king
give

certain

great
who

caliphs

15-16.
Na$iba,
17-18.

by

fol.

order

17a.

67

could
means.

3
to

attention

followed

only

the

true

be
First
the

Sunna
Islamic

during

principles
follow

the

practice

Ironically,
Shici

who
the

and

also

The

other

the

Persian

advice
kings,

be

public

discussions

to

the

among
local

the

his

could

lead

ordering

the

people

he

progress,
to

people

then

him

provide

elimination

of
disturbances.

such
social

to

failed
his

out

fresh

was

solidarity

king

the

spread

with

justice

Finally,

to
If

should

to

it

though

prevention
to

innovators.

did

religious

the

which

it

Buyids,

the

the

different

through

Sunna,

as

Secondly,

Caliphs.

three

of

to

the

favourably

between

of

book

referring

more

achieved

events.

first

should

kings.

to

attentive
the

them

punishment

achieve

directing

advice.

involved

also

was

predecessors

disputes

would

and

the

Islamic

sectarian

ancient

from

they

also

virtuous

al-MRward'i

impressed

hardly

and

the

of

of

groups

It

far

was

practices

have

might

of

of

al-Mawardi
king

was

Caliphate

their

news

dominate

spies

about
all

the

decisions

king's

and

Restoration
not

based

on

religion.

religion

are

inseparable.

duty

to

was

guided
1.

leader

Al-Mawardl,

to

ruler
his

op. cit.,

religion
himself

the

fol.

18.

68

be

through

was

and

ruler's
heresy

against

Only

people.

kingship

because

should

it

religion

without

Therefore,

the

protect
The

innovators.

stay

not

long

if

achieved

Sovereignty

would

vain

be

not

could

and

was

actions.

the

and
rightly

this

circumstance

a healthy

could

Al-Mawardli
vital

position

affairs.,
ment

which
as

obedient

soldiers

could

be

There

were

could

be

ment

of

their

for

respect,

and

detrimental
his

spread

that

common

and
In

Al-Mawardi,

2.

Ibid.,

fol.

other
with

relationship

camps

Further,

op. cit.,

be

in
the

his

soldiers.

20-21.

fols.

45.

69

accorded

creating

service

strictly

king

King

to

should
This

should

him

provide

was

of

supervised

with

in

participation

the

words,

find
An

be

The
to

pay-

would

each

in

festivities

private

regular

sources.

restricted.
their

support

sincerity

should

existence.

soldiers

should

and

they

frequently.

1.

they

and
support

the

the

long

as

sincere

military

competition

self

among

from

military

for

his

was

the

money

behaviour
spies

news

these

devotion

their

encouraged.
firm

was

Further,

ruler.

their

obtain

themselves

the

fresh

to

have

treat-

give

office

ensure

Otherwise,

to

military

whereby
of

state
their

on

in

to

would

One

factor

additional

king

army's

in

was

complete

methods

a salary.

amongst

that

achieved.

the

of

stress

goal

needed

and

several

way

the

king
so

guaranteed

own

The

keep

aware

lay

to

unit.

The

possible.

also

established.

institution

him

caused

thereby

and

was

a military

a special

support
as

as

be

society

be
build
was

to

a
carry

on

their

after

families.

deaths,
Other

consideration

and
to

sincerity

the
It

through

soldiers

then

devote

themselves

king

that

seems

a logical

or

for

soldiers'

revolts

al-Daula,

and
to

equanimity
problem
the

was

secular.

to

his

achieve

legal

with

has

If

the

do

they

then

the

and

to

replace

ruler

Such

a conclusion

that

the

aim

of

the

society

if

the

king
for

him

is
the

of

fails

to

to

stay

earlier

1.

Al-Mawardi,

2.

H. Bowen,
229.
p.

3.

Al-Mawardir,

right

in

Nasiha,
last

Naslha,

the

several

begs

though

to

to

pay

revolt

his

against

else?
on

preserve

is

was

solution

unable

himself;

there

the

ground

the

unity

consequently,
no

longer

any

3
first

at

seems
the

to

contradict
between

relationship

51-54.

Buwayhids",
fol.

to

king

office.

fols.

his

someone

with

is

to

al-Mgwardi-

acceptable

so,

about

argument

"The

do

restore

solution

the

him

the

not

to

clothing

were

have

Jaldl

of

expediency

king

probably

Al-Mcg. wardl'
his

of

to

reign

solution

by

used

military

and

how

His

This

soldiers,

need

been

justifications.
question.

trying

justification

Political

purpose

another

more

was

on

rather
which

with

the

advice

situation.

into

this

reasonable

during

the

principle

times

least

at

their

of

take

would

al-MEward'l

him

gives

support

kingdom.

the

and

provide
the

the

58.

70

JRAS,

April

1979,

the

king

and

the
of

society

(siyEsat

populaCe
the

issue

for

Religiously,
justice

From

survived

in

dominate

all

the

subjects

that

tyranny
if

and
result

a just

(.al-

Ciya).

would

always

be

would

the
king

The

without,
the

is

that

he

governed

the

of
that

dependence,
ruler

and

party

surviving

of

vacuum.

Certain

1.

Al-Mawardl,

2.

Ibid.

as

a main

fols.

is

to

opposed
has
the

mainsociety.

function

cannot

be

must

in
Yet,

survive.

mutual

no

the

interbetween

the

for

chance

any

other.
of

principle
could

not
must

circumstances
NaSiha,

as

to

in

there

the

populace,

despotism,

on

(people)

want

of

destruction,

state's

unconsciously,

where

without

the

they

life

elsewhere

survive
body

believed

subjects

Justice
management

if

must

the

ruins

organs

perhaps

although

rule

the

body's

the

king

which

head

justice

al-Miwardil

the

al-Mawardi

the

his

earlier

that

the

all

and

seems

base

"head"

the

to

to

necessity

service

it

lead

only

discussed

was

were

demanded

societies

especially
It

However,

a community.
tained

life,

core

(V. 8 and

Therefore,

of

the

reasons.

rulership

standpoint

sphere.

aspects

king

the

of

of

is

Sunna

and the

principle

a temporal

justice

temporal

and

QurIIn

thepanagement
1

al-cimma);

the

a basic

as

discussed

religious

both

IV. 58).

he

when

57ff.

71

be
first

king's

the

achieved
be

in

achieved-

thereby

the

allowing

justly.

These

details

many

summarized

them

obedience,

not

support,

and

duties
society
much

He must
and

must

such

as

keep

the

revolt

against

for

be

in

drinking

the

of

lives

and

of
in

proceed

Further,

he must

fashion

based

the

curious

to

at

view

find

same

no

place

from

the

1.

Al-Mawardi,

2.

Ibid.,

that

time,

to

according
has

on

fols.

of

the

the

beginning,

Naslha,

In

rank.

social

here.

ruler

It

seems
for

fols.

that
he

60-69.

72

are
channels.
innovators
wrongdoings

secure

the

that

they

would

cases
It

to
other

without

in

a just

is

rather

on

justice

treat

and

each

words,

al-Mawardi

devoted

58-60.

the

and

insists

al-Mawardi

them,

activities

law.

revealed

advises

his

so

economic
all

two

He must

gambling.

safety

judge

first

many

against
P
manner
of

people

their

fear.

the

and

sincere

duties

with

all

wine

a climate

state-in

to

a halt

complete

kings,

king's

each

he

without

religion

of
provide

The

connected

community

rather,

their

for,

defend

to

not

but

The

and

bring

also

did

king.

chaos.

and

duties

concepts;

their

important

most

safeguard

able

essential

complicated

prosperity
be

four

respect

would
more

in

the

duties,

people's

to

the

are

were

al-Maward'i

about

the

administer

circumstances

Unfortunately,

party.

to

ruler

different

person

equality
held

this

sections

his

of

(al-khissa).
to

him

support

happens
his

work

to

The

ruler

with

daily.

between

relationship

Finally,

The war

which

against

unbelievers.

a strong,
the

is

security,
Buyids

in

on the

in

such

security.

could

an

and
army

seems

one

that

TASHIL

Nasiha,
oI

Once

again

that

and

the

be

able

of

could

the

control

al-Miwardll

the

the
to

rested
be
hand,

government
riots

public

of

refusing

public

not

other

the

was

was

everything

Unfortunately,
causes

to

of
of

weakness

disturbances.
main

have

must

lack

the

unless
to

war.

we return

On the

attained

holy

king

justice

and

with

al-MRward'i

al-Mawardl,

city

and Hadlith,

the

unrest,

security

army,

the
and

unrest

this

accept

it
fact.

AL-NAZAR

Kitab

1.

Qurlin

this,

seems

For

not

civil

was

do

the

what

the

wage

circumstances.

effective

other

by the

social

Baghdad.

achieved

had

must

class

the

strengthen

king

abuse,

point

meeting

the

It

about

that

a public

sectors.

army.

military

of

to

top
in

spies

information

two

To

the

of

have

the

point.

concerned

much

held

demanded

well-armed

starting

and

addition,
be

should

management
should

news

In

subjects

the

fols.

Tashil

al-Nazar

45ff.

73

provides

us

with

an

insight
of

into

the

al-Mawardi

treatise

types

of

describes

ethics,

acquired

and

to

craft

state

the

origins,

like,

while

(siyasat

of

differences

and

mental

abilities,

and

jugate

to

wills

his

co-operate

with

each

not

to

power.

force

to

since

other,
them

to

and
cause

main
there

then

should

must

entrust

and

sub-

Such

a step

is

the

people

to

(C aql)

is

in

the

reason
justice

achieve

it
This

Sultin

opens
that

the

are

their

devoted

manners,

people

to

al-Miward'i,

2
.

society.

The
God

habits,

which

is

section

society.

The

says

unite

The

Accordingly,

necessary,

enough

half

second

of

be

would

a healthy

collectively

their

they

asserts

subjects.

business

their

the

authority.

establishing

be masters

how

i. e.

kingship,

of

Al-Mgward'i

construct

human

because

of

to

ethics

al-Mulk).

view.

impossible

fiscal

the

half

About

a philosopher.

their

with-apessimistic
is

as

office

of

king

with

the

entrusts
c

creatures

( ibadih)

is

rulership
administration

tc

according

the

God-given.
of

Qurlanic

We have set
thee
Lo!
110 David.
as a
judge
therefore
in
the
earth;
viceroy
follow
between
not
and
mankind
aright
from
the
beguile
thee
it
desire
that
(XXXVIII,
27)
"
Allah.
of
way

1.

Al-Mawardi,

2.

Ibid.,

fol.

Tashil,

fols.

2-3.

31a.

74

His

verse,

is

Accordingly

it
the

question
object

to

from

arguing

is

1-

ruler.

any

of

the

The

his

This

ruler

should

The

whole

this

point

refrain
different
his

business

according

to

ruler

if

obeyed

what

be

they

of

influenced

follow

to

seems

he were

approval

also

must

concerning

However)

authoritarian
may

to

support

the

of
3

be

They

right

view

not

no

obedience,

their

teachings.

traditional

to

right

have

opinions

and forbids.

he permits

the

acts.

absolute

and. manage

authority,

has

people

ruler's

against

maintain

matters,

God who

only

that

say
to

commit

a sin.

al-Mawardi-

by

the

ideas

at
Persian

of

kingship.
It
to

scholar
and

believed

that

in

each

It

is

state

the

that

excessive

weakness
wealth.

in

Kitab
had

of

and

religion,

may

those

as
might

weakness

an

lead

fol.

30b.

trans.

by

fols.

M. M.

31-32.

75

to

for

disintegrate
of

power,

Tashil,
Al-Mawardi,
Ibid.
SahTh al-Bukharl,
189,192,193.
pp.
Tashil,
Al-MNwardl,

end,

occurred.

which

same

He

al-Muluk.

circumstances

States

state.

disintegration

a beginning

the

are

disintegration

state

Nasihat

factors

the

first

the

was

state

certain

disintegration

through

of

of

state

noteworthy

the

concept

to

stages

of

al-Mawardi

theories

the

establishing

4.

on

the

alluded

previously

1.
2.
3.

discuss

elaborate

that

seems

Khan,

v. IX,

or

and

Weakness
the

of

distortion

the

king's

the

support

and

creed,

king.

state

re-established

other

words,

This

longed

and

army;

both

to

revolt

rebels

the

ruled
of

justly

kept

and
or

by

1.

Al-Mawardi,

2.

Ibid.,

fol.

happened

power

and

be

would

In

of

pro-

the

and

but

coercion,
Imam

the

by

if

in

they

his

is

fols.

seat,
2

probably

31-32.

32b.

76

the

a
In

his

opportunity
If

state.
it

force,

delegation.

delegation"

Tashil,

take

pure

with

build

defend

to

unable

the

to

despotism.

and

over

through

either

failure

would

who

control
state

authority

"authority

the

and

law.

overthrown

tyranny

others
gain

government

power

king

the

and

saved

chance

no

against

inseparable.

are

power

through

against

position.

of

military
or

cases,

be

should

be

rise

revealed

has

their

the

strong

latter

the

Weakness
of

to

to

was

to

refuse

against

could

kingship

and

former,

reshaped.

neglect

religion

penal-

innovation

would

were
who

according

survival,

system

they

anyone

way

religion

the

if

support

by

people

neglect

legal

of

principles
the

orders

would

their

Without

its

of

from

resulted

obstruction

Therefore,

like.

the

religion

the

commandments,

ties.,
and

of

ruled
this

the
be

would
the

subjects
be

would

This

idea

the

early

of
stages

of

theory

al-Miward-l's

which

was

developed

Sultaniyya.

The

al-Miward-1

his

This,

from

dilemma
however,

the

that
as

it

behalf

of

the

in

to

a king,

Excessive
is

entourage
the
of

his

principle
king

when
becomes

temporal

the

1.

against

importance

Al-Mawardi,

king,

for

from

taking
that

states

on behalf

seems,

but

Tashill

of

the

rather

on

al-Nazar

hands

the
as
the

of

it

might

king

for

should

state

king's

the

encourage
the

sake

not

administration.

this
this

as

a general
happens

only

followers

factors,

force

is
or
fol.

the

of

are

when

corrupted

This

Tashil,

his

and

these

all

of

not

therefore,

people

weak

important.

It

in

revolt

pleasures.
Of

most

he

view.

discuss

aside

a Caliph.

not

situation

refrains

set

al-Ahkim,

a good

unreliable

a situation

book

wealth

The

wealth.

Al-Mawardi

by

to

entourage

appoint

the

not

same

are

of

KitHb

dis-

the

situation

was

the

as

At

to

point

us

the

dare

legalisation

B5yids

dedicated

was

did-not

appeared

for

Caliph-ate.

course,

who

shows

reasons

the

al-

it

as

real

legalize

seizure"

al-Ahkam

important

the

a religious

Caliph

was

of

scholars

other

is

OAbbisid

to

efforts

Kitib

in

of

the

of

obvious.
by

idea

cognisant

integration

time,

later

by

"emirate

the

of

where
power
33a.

77

the

second

al-Mawardil
as

a main

is

the

stresses
factor

in

establishing

the
He states

peace.
and

violence

Then

foundations

and

righteousness
Finally,

his

for

it

firm

on

and
affairs.

state

a diffusion

with

their

give

managing

and

roughness

tenderness

government,

four

principles.

seek

of

are

agriculture

his

of

irrigation

in

the

with

affairs

of

injustice

be

avoided

(a)
to

to

could

them

wisely.

to

the

and
for

This

be

based

on

construction

living
allow

kingdom.

subjects

which

needs

are,

conducive

and

factors
deal

and

state

could

kingdom

the

out

They

which

a system

however,

manage

government

management

of

to

order
with

establishing

destiny,

to

The

cities

starts

hurry

after

ends

to

and

destroy

social

Icing

properly

state

required

This
the

the

stable

state

weakness.

were

achieving

peoples

and

are
the

and

that
that

so

obedience.

and

state

the

of

provision

developing

includes

the

con-

e
struction
(b)

are,

dams,

of

management

management

of

i. e.

principle,

management

al-Maward'i

the

of

concerns

is

the

Al-Mawardl,

2.

Ibid.,

fols.

Tashil,

us

here

of

the

fol.

is

33.

33-39.

78

the
with

of

finance.

second
his

government.

relation

principles
(c)

management

relation

basis

characterizes

1.

and

other

justly;

subjects
(d)

king's

the

The

etc.

soldiers;

What

Just

bridges,

between

subjects.
Although
the

king

and

his

the

king

in

subjects
as

a trust

he

ship

orphans,

over

but

else

as

be
1

itself.

nonetheless

ten

accomplish

it

and

duties

the

while

which

king

be

should
do

must
is

This

should

a guardian-

as

subjects

obedient.

duties

subjects'

the

consequently

pictured
implies

which

the

of

he

when

terms

considered

absolutely
The

the

on behalf

achieved

interest,

sense,

(wall)

a guardian
be

to

a religious

nothing

happiness

fulfilled

are

f ollows:
To enable
the
homes safely.
2.

To preserve
and ways of

3.

To

to

people
the public
transport.

them

against

To

govern

them

with

justice.

5.

To

judge

in

different

6.

To see that
of revealed
business.

7.

To inflict
against

8.

To preserve
routes.

9.

To look
irrigation

10.

1.

Al-Mawardl,

2.

Ibid.

To treat
different
and type

Tashil,

revealed
wrongdoers.
safety

after

and

each of them
about
ranks
of work.

36a.

79

disputes.

the commandments
and daily
worship

legal

the public
and bridges.

fol.

roads

aggressors.

follow
in their

they
law

their

of

security

defend

justly

in

settle

(hudud)

penalties

security

affairs

according
religion,

of

public

of
to their
business

Again
and

security

social

it

reflect

unrest

al-Miwardi's

anxiety

dominated

which

ideas

these

that

seems

Baghdad

justice

of

the

about

during

BUyid

the

rule.
Kingship
These

by

are

support

divine

to

either
reasons,

divine

the

God's

destiny,

these

causes
as

would

In

the

reason

because

and

to

injustice

of

people,
sins

perpetrate

virtuous

them

confront

The

usually

just,

as

their

change

is

it

the

constitute

Tashil

2.

Ibid.

to

Without
is

order

f ol.
I

f ol.

possible.

the

them

are
in

The

47b.
48a.

80

and

the

deal

army

and

the

system

of

is

no way

that

good

king

must

build

good

unit
there

the

There-

cause

followers

important

lose

might

injustice.

of

establish
The

most

government.

1.

because

immediately.

it

social

duty

his

king

the

case,

second

followers

his

of

support

with

no

for

if

attitudes.

fore,

be

not
is

king

their

to

administration.
do

oppose

not

patience.

possible

happen

only

done

be

should

with

traced

these

could

it
is

it

then

be

could

king

the

the

of

discussing

accept

al-MRward-1,

acts

evil

there

rather

successful

if

case

Nothing

and

could

of

to

acts.

human,

are

lack

according
and

but

first

factors.

two

of

dissolution

the

without

reasons,

corruption

the

and

The

human

because

and

reasons,

to

or

about

them

(al-zamgn)

time

followers.

of

decay

could

relations

the

with

financially.

and

the

nature
because

and

However.,

should

is

situation

there

is

conscience.
a healthy

nothing

which
though,

the

in

all

aspects

of

and

an

preserve

order

and

stability.

and

affairs

enemies

so

He also
as

Finally,

he

and

make

himself

and

subjects.

KITAB

As
that

likely

book

K.

it
for

Sultanlyya

to

not

al-Wiza;

king

any

a virtuous

evil

by

to

treat

is

which

instead

to

able

tyranny

of
his

with
situation.
to

completely
for

create

administer

unexpected

model

and

He must

cautious

himself

socially

should

life.

reason
be

them

souls

He should

should
face

treat

army

and

devote

should

AL-WIZARA

effective

justice

with

passion.

can

all

power,

be

difficult

Above
sphere

after
they

seriously

possess

state

look

soldiers

his

justice

followers

far
was

as

was

Tashil,

is

book
before

written

several
ra

this

in

written

fols.

K.
First

reasons.

it

concerned,

the

al-Ahk,;
of
same

seems

Im alall,
style

the
of

that

48-49.

1.

Al-Mdwardil,

2.

The
first
times.
three
book
The
was published
1976,
by
M.
S.
in
edited
1929,
the
in
was
second
is
This
Ahmad.
considered
as
R.
F.
edition
and
is
the
one
which
was
important
and
edition
most
1979
in
The
third
published
was
thesis.
the
in
as an
was considered
Radw, Nn al-Saiyid,
and also
important
edition.

81

was
DNwild
the
used
by

of

Persian

style
in

literature

which
the

K.

Nasihat

many

ing

governmental

and

Indian

maxims,

knowledge

required

wizara,

its

religious
found

its

K.

in
in

phase

to

Ibn

of

views.

specific
i. e.

that

of

stress

on
to

are

new principles

the
BUyid

the

were

which

Ify

Laoust

wazl'r
REI,

of
in

editors
that
of

the
the

V. XXXVI,

to

not

Abu al-Qasim

of

K.

book
BUyid
1968,

im.

al-QE,

during

wizEra

Baghdad

K.

that

Caliph

of

wazIr

reign

suggest
the

H.

office

The

1976)

by

who was the

occupied

Pensee

the

without

was dedicated

al-Mawardi

MgkUlN,

his

office,

al-S_ultaniyya

438-450/1046-1058.2
edition

to

concernPersian

support

function

suggested

was

of

to

and

al-Wizara.

AbU Maslama

AbU Maslama

Greek,

Thirdly,

al-Ahkim

K.

of

al-Wizara

from

restricted

social

al-Nazar.

anecdotes

a specific

basis.

It

last

for

and

discussed

was

Tashil

writings

and

better

subject

early

cultures

metaphors

the

princes,

non-Arab

administration

the

cAl-1

on

civilizations

the

K.

and

heavily

Secondly,

for

mirrors

al-MEwardils

al-MulUk

relied

borrowed

the

characterised

Al-Miwardil

be

in

the

between
al-Wizara
was
Am1'r

(the

dedicated
Jalil

p. 54.

1.

"La

2.

Ibn

3.

his
during
had
Jaldl
appointed,
In fact,
al-Daula
is
the
Ibn
Makfflal
two
which
called
wazirs
reign,
(see
C.
J.
MdkUlN
Ibn
family
famous
the
of
surname
the
).
Both
MNkUlN,
Ibn
occupied
Vadet,
art.
.
different
in
times
periods
several
wizgra
of
office
it
is
Therefore,
417-430/1026-1038.
rather
between
for
the book of al-Wiz5ra
to determine
which
difficult
25,61,72,103.
See
Jawzl,
cit.,
dedicated.
op.
pp.
was

al-Jawzl,

...

Muntazam,

v. 8,

82

p. 200.

al-Daula
In

fact,

actual

the

latter

office

in

and

you

the

whole

text

gave

a clear

that
is
for
and
also

he

when

Jalil
this
not

the

stated

or

not
wazir

out

the

1.

From

2.

Ibid.,

3.

Ibid.

4.

Ibid.,

caliph

or
the

in

wazlir
caliph,

al-tanfidh
administrative

the

with

introduction

the
by

affairs

al-tafw'ld,
also

where

the

orders

It

seems

certain

only

one

of

K.

p. 47.
67-68.
pp.
y
p. 136.

83

king,

further

It

the

duty

of
the

both
king.

al-Wizara,

was

vizier
by

of

king,

the
3

state.

vizier

that

evidence

consult

the

of

the

fact,

appointed

was

and

in

that

al-Miwardil,

in

written

of

the

addition,

was

to

wazlir

success,

manage

In

book

gave

the

advised

His

mentioned

"king".

Al-Kiwardl

clearly,

delegation
king

he

when

"

whom the

relations

al-Maward'i

with

Al-MRwardli.,

term

al-Daula.

you",

You

kings.

the

of

supervision

you

Imam was

of

had

al-MRward'i

by

nor

indication
the

the
"And

al-Wizgra.

used

nature

directions.

caliph

K.

the

support

managed

supports

introductory

caliph.
Allah

al-MRwardl.

al-Wizara

under

different

word
of

being,

the

may

are

K.

of

described

as

not

of

with

Al-MRwardl's

work

wazir,

a position

neither

relationship

content

wazIlr
and

"the

people

for

the

the

king

says,

the

in
of

the

a close

suggestion.

statements

of

had

who

of

the

execution
is

10.
p.

to

carry

It

is

noteworthy
ceased

to

was
the

al-Miwardlils
This
to

attempt

Salju-q

the

and

Despite
book
manner

the

as

some

political

office

of

the

and

ideas
wazir,
the

of

wazi"r

and

between

relation

him

in

the

the

nature

king
the

and

is

the

book

wizara,

his

Tughril
al-Daula.

wazlw'r

the

types

mission

al-WizFLra

Princes",

concerning

last

his

K.

the

for

life

Jalil

that

concerning

between

relation

Prince

fact

political

between

peace

Budyid

"Alirrors

the

followed

bring

the

literature

of

in

activity

435/1043.

after

which
Beg

that

on

same
contained

of

the

and

the

the

people

one

hand,

the

on

other.
Since
different
in
be

ant

the

which

each

With
be

established

justice,
fulfilment
seriousness,
1.
2.
3.
4.

on

the

five

ability
of

be

followed

to

its
the

to

promises
righteousness

1'al-Mawardil:
Akthar,
1944.
I. C.,
p. 244.
Al-MRwardl,
al-Wizara,
Ibid.,
p. 49.
49-63.
Ibid.,
pp.

reliable

import-

to

deal

with

and

it

should

deputies,

the

religion,

in

pp. 48-49.

of

his

a manner

of

truthfulness.

A sketch

84

most

itself,
i. e.

threats,
and

The
is

wizara

appoint
and

policies

circumstances.

principles,

different

with

varied

party.

to

regard

deal

to

each

must

according

problem

has

involves

wizara

therefore

and
with

the

of

wazir

state,

followed

principle

office

the

aspects,

parties
should

the

life

and

his

work",

"Religionfl,
This

is

in

his

says
the

which

from

that

the

The
one,

divided

into

which

should

is

say,

to

speech,
each

should

second

three
be

the

its
and

should

not

practice

his

He should

according
behaviour.

to

not

and

this

point
in

path

the

the

should
attitude

deal
and

nonsense.

the

unless

wazl-r
his

to

had

wrongs
they

unless
with

in

people

talk

that

anyone

that

Justice

according

forgive

money

justly,

not

anyone

to

regard

with

also

most

al-Mawardi

law.

implies

punish

he

with

speak

authority

latter's

the

which

distributed

and

deeds

is

which

should

nor

Also

each

person

personal

4
The

vizierate

Allah's

revealed

rank,

actions

penitence.

the

wazir

in

show

follow

and

to

Justice

committed,

in

Justice

collected

to

been

and

heritage.

details

justice,

of

types:

according

according

whims.

discussed

al-Nazar,

Persian

principle,

that

was

where

no

of

"

administration.

important

Tashil

and

ancient

gives

kingship.

of

largely

al-Mawardi

the

wazir

basis

the

al-Muluk

al-Mawardi

except
his

which

Nasihat

derived

was

However,

idea

old

works,

"is

al-Mawardi,

wizara

delegation

1.

Al-Mawardi,

2.

Ibid.,

p. 50.

3.

Ibid.,

52-53.
pp.

4.

Ibid.

al-Wizara,

is
or

of

two

wizarat

p. 49.

54.
p.
y
85

types,

they

al-tafwid

are,
and

the
the

vizierate
first

of
type,

ciency

of

and

pen
to

of

judgement.
description
is

wizara

kinds

deputies,

to

this

'the

ala
of

ate

K.
of

He is,
and

and

his

subjects.

vizierate

rank
had

puts

emirate

by

discussed

later

in

has

Amirs

his
vizier-

limited
a
between

a mediator
in

parties
of

the

regards

only

fact,

different

vizierate

the

as

As

actual

this

provinces,

the

state

such

soldiers,

The
the

same

vizier

leaders,

as military

the

in

other

"and

matter

the

execution,

king

said,

al-Sultanlyya.

al-Ahkam

authority.
the

the

he

personal

al-Mawardils

This

al-Mawardi

which

seizure,
work,

in

is

and

his

(al-istiylal

seizure

delegation

to

management'

of

al-tadbir)",

them,

here

when

such

affairs,

according

wizira,

c3

state

effi-

the

discharging

important

is

the

has

wazir
of

affairs

What
of

the

all

different

out

include

must

and

sword,

conduct

appointing

carrying

or wizarat
al-tafwid)

wizarat

authority
as

execution

The

al-tanfidh.

are

six.

the

between

differences
First

of

all,

two
that

types
the

of
vizier

2.

the
types
two
the
of
distinction
of
Al-MEwardil's
Al-Thacalibi
invention.
his
own
was not
vizierate
contemporaries,
(d. 429/1037),
one of al-Miawardi's
the
types:
into
two
unlimited
the vizierate
divided
(muqayyada)
limited
(mulaqa),
vizierate
and
vizierate
and
first
type
al-tafwld,
the
as wizffrat
He described
different
in
places
al-tanfidh
the
as
wizNrat
other
1977.
Baghdad,
Tuhfat
al-lVuzar,;!,,
work
of his
'r
65,66.
pp.
Al-Mawardi,
al-Wizara,

3.

Ibid.,

4.

Ibid.,

1.

65.
p.
126-127.
pp.
86

of

delegation

the

affairs

vizier

had

execution

Secondly,

that

to

come
other

type

vizier

of

king.

does
execution

Thirdly,

Fourthly,

that

dismissed

by

be

could
the

himself

without

vizierat.

e of

(force)

and

such

being

delegation

the

while

of

office

of

such

permission.

delegation

needs

while

pen,

other

the

the

the

second

was
only

Fifth,

that

from

the

can

discharge

Sixth,

that

efficiency

the
of

does

sword

not

need

efficiency.

king,

there

build

good

and

deliberation

the

vizier's

is

nothing

new

in

be

1.

Al-Mawardi,

2.

Ibid.,

the

different

affairs,

cautious
al-Wizara,

relation

the

king

through

al-Maward-1

towards

the

king,

pp. 136-137.

101-102,105,139-142.
pp.
87

the

to

vizier

consultation
matters

administrative

to
thought

al-Mawardils

advising

with
in

state
to

After

relations

concerning
vizier

regards

thing.

one

except

As

be

discharge

to

type

not.

other

permission

execution

the

fully

could

right

the

of

was

while

without

vizier

orders

delegation

no

the

while
because

ignored.

has

to

needs

the

while

the

affairs.

delegation

declaration,
by

the

the

of

vizier

king's

a contract

decisions,

a clear

from

king,

his
the

of

himself

executes

vizier

discharged

vizier

only

manage

while

(c aqd),

such

to

delegation

of

need

the

for

responsible

the

a contract

not

king

the

subjects,

only

vizierate

through

office

the

and

manages

the

by

appointed

king

the

of

of

been

the

advised
not

to

have

full

trust

in

tyrannical

because

him

inclines

behaviour,

judgements,

and

suspects

Therefore,

the

vizier

in

dealing

with

the

not

trust

him

and

is

against

religion

him

his

defend

and

betweenthe
if

vain

not

the

during

and

wazirs,

nine
the

of

office

periods

of

reign

the

king's

1.
2.
3.

to

the

enemies.

Ibn Mskawayh,
Shuja
al-jawzl,

the

to
By

21

al-Wizara,

any

he

should
means,
1

vizier.

reflects
the
That
of

relations
was

advice
the

wizara,

was

occupied

Ibn

Makula

by
occupied

different

in

times

3
.
shows

which

al-Mawardils
was

administration
in

force

al-Mawardi

dealing
meant

his

with

the

something

96-100.
pp.

Taiarib,
v. 2,
181-182.
pp.
Muntazam,

matter

the

office

al-Qasim

use

force,

the

fact,

al-Daula,

state

vizier

Al-Mawardl,

Ibn

that

advice

other

in

dominated

Buyids.

wizara

concerning

secularism

in

the

three

him

possible

forgive

423-430/1031-103

between
The

advice

where

to

Thirdly,

not

Abu

should

leads

as

whatever

which

Jalal

he

all,

long

advice,

we remember

making

principles

oppose

as

will

and

viziers

of

not

by

atmosphere

suspicious

three

honour.

kingdom

in

always

him

Al-Mawardi's
the

follow

or

of

without'proof.

should

king)

always

passion

First

satisfy

(the

he

otherwise

is

trustfulness
he

matter
not

people

king.

because

should

to

should

Secondly,

regret.

king

the

passim.
88

pp. 337,380;

and

AbUd

irreligious,
1

fighting.
usage
The

the

of

Hadith,

such

during

main

when
protect

the

them

the

to
on

order

to

and

wazir

to

lead

the

defend

the

for

the

treat

army.

wazir's

justly,
face

in
to

to

and

manner

them

country

maintain

to
their

of

peace
with

provide-them
trade,

agiculture,

wazir
war

a traditional

safety,

roads,

public

in

instruct-ions

of

to

public

necessary

means

case

vizier

preserve

al-Daula

the

in

subjects

sphere

the

of

role

discussed

also

the

advised

enemies,
and

the

with

the

the

Jalal

of

like

jurist

that

seems
reign

cheating".

in

especially

Al-Mawardi

he

it

since

common-for

was

is

a religious

the

reason

influential

relations

but

al-Mawardi's

was

"War

from

advice

known,

not

the

stranger,

even

unrest

it

where

is

is

be
so

was

What

than

rather

assassination

Prophetic

political

might

was

for

reason

al-Mawardi
of

that

as

as

well

building.

CONCLUSION

The
treatises

shows

study
us

First
cultures,
Mawardi's

Islamic
1.
2.
3.

of

all
the

Sassanian,

show

this

traditions.

Al-Mawardi,
al-Wizira,
Ibid.
Ibid.,
pp. 83-84,89-91.

points.

that

up

p. 89.

89

political

early

al-Mawardi's

following

the

especially
writings

of

the

impact
was
influence

of

non-Arab

great.
M
alongside

Al-

Secondly,
adopted

towards

subjects

was

the

and

the'people

head.

This

he

attack

is

the

ancient

Thirdly,
the

have

people

is

obedience

no

by

ruled
the
of

and

power

the

he

requirements,
not

that

the

out

his

that

the

mention
on

point

people

organise
struggle

for

struggle.

how

by

what

unable
in

and
to

efficient

Therefore,

and

Tashil

live

in

the

only

90

virtue
and
minimum

In

and

the

he

spite

of
through-

al-Nazar

of

the

reason
for

desires
best

was

and

peace

because
these

but

stress

because

also

deter

work,

punished

means.

a community

self-interest
not

to

and

necessary

lays

was

justice

religion

al-Mawardi
al-Muluk

their

by

and

and

gift,

subsequent

the

blamed

which

was

government

and

towards
il

and

restricted

be

or

of

his

should

were

themselves

kind

was

the

serve

a God-given

religion

f ulf

must

Accordingly

In

ruler

Nasihat

works

) was

on

he not

Should

does

best

contributions

ruler's

society.

the

wealth.

the

of

authority

religion.

"head"

the

as

culture.

it.

by

based

monarchy

king

his

and

animals

un-Islamic

is

to

as

which

Persian

right

required

the

"organs"
obviously

king

the

people

or

kingship

Fourthly,
absolute

the

shepherd,
the

al-Mawardi

between

regarded

are

by

which

view

relations

the

as

while

influenced

the
that

king

the

way

to

preserve

peace

argues,

that

was

king

to

the

right

their

to

as

on

earth

shadow

him

entrusts

the

and

the

contract

the

king

by

entering

this

authority

theory

English

philosopher,

work,

Hobbes

same

as

order

to

establish

that

idea

as

who

have

to

submit

after

in
worked

"the

will
mortal

in

one

other

who
words,

people
to

their

and

accept,
to

wills

Hobbes'
out

of

one
God".

death,

It

was

the
more

theory

on

that

asserted

people
whom he
Hobbes

the

must
called

submit
"the

expressed

follows:

"I
of governing
up my right
and give
authorize
this
to
to
this
of
assembly
man,
or
myself,
thou
that
this
give
up
condition,
on
men,
his
him,
to
the
authorize
all
and
right

91

"Leviathan".

the
his

by

West

the

Hobbes.

the

society,
the

His

al-Mawardilils

Hobbes

al-Mawardl.

to
or

people,

Thomas

organized

wills

the

f orward

was put

basis

In

God's

king.

the

and

advanced.

was

God who

only

between

centuries

similar

sovereign"

the

the

king.

the

king

governing

God was

covenant,

of

concerning

before

in

having

without

The

authority

to

wills

matter

responsible

covenant

binds

only

any

society.

question
the

or

Six

their

only

their

obedience

in

of

His

to

right

this

him

al-Mawardi

society,

submit

complete

Consequently,

had

In

must

members

with

creatures.

the

owe

question

lives

a healthy

people

they

whom

build

and

in

in
actions
generation
(to
rather
that
Mortal
the
Immortal

like
This
is the
manner
...
Leviathan,
of that
great
or
speak
more reverently)
of
God, to which
we owe under
God, our peace
and defence.

Certainly,
but

al-Mawardi,
of

the

al-Maward-l's

This

which

likely

that

by

unusual

the

gives

he was

us

to

influenced

not

to

However,

influenced

political

theory.

endeavoured

principles.

very

by

indications

some

political

al-Mawardi

Islamic

with

-reconcile

matter

was

contribution

a theory

was

Hobbes

111

to

it

put

circumstances

it

seems

forward
he

under

which

Ibn

Khaldu-n,

lived.
Fifthly,
al-Mawardi
of

states".

ation

is

which

the

ruler

(b)

the

three

can
'stage

is

governed

of

tyranny

its

end

of
by

only

to

govern
calmness

which

under

start

(a)

by

and

peace

movement

stage
and

pure

movement

that

the

egotism

by

cyclical

that

stages:

justice

"the

of
stated

dominated
only

before

time

theory

Al-Mawardi

through

passes

the

stated
2

a long

under

force

and

in

which
(c)

which
intimidation;
the

and

tendernes;

the

state

decays

with

another

ruler

History

of

again

found-

of

the

and

state
stage

reaches
or

dynasty.

1.

from
G. H. Sabine
As quoted
'A
4th
Theory,
ed.,
pp. 433-435.

2.

E.
Cf.
Islam,

3.

Al-Mawardi,

Rosenthal,
p. 89 for
Tashil,

Political
Ibn KhaldUn's
fols.

Thought
theory.

31-33a.

92

in

Political

Medieval

In
life

span

one

can

Mawardi
Ibn

similar

divided

Khaldun

does
2

ations".

the

Buyids

the

rise

Thus

a rule
Ibn

general

Khaldu-nIs

context.

force

and

of

their

theories

for

rulership.

and

Ibn

quiet.

The

in
To

"extravagance

scholars

first

In

the

second

stage

it

as

to

al-Mawardi

waste",

and

is

the

more

same

the
the

is

necessity

main
the

al-Mawardil

of

ease

is

the

a phase

where

the

and
stage

became

despotism

is

concept

struggle

both

a stage

and

it

Khalddn,

periods.

almost

stage,

i. e.

He watched

issue

stages

argu-

dynasty,

stressed

tyranny

which

cyclical

dynasties,

short

since

gener-

his

one

this

government

of
ruler

works

pleasure.

Muqaddimah,

in

in

the

Ibn
and

his

for

Both

described

destruction

dominant.

worked

the

provinces.

of

in

third

only

of

three

Islamic

of

stages,

life

of

studied

Amirs

both

in

power

Khaldu-n

Bu-yid

three

supporting

other

discussion

Yet,

of

and

into

beyond

extend

observing

Baghdad

al-

duration

events

was

of

"the

"the

of

al-Mawardils,

state

a historian

as

fall

of

Khaldu-n

historical

in
and

Ibn

only

as

states

systematic.

of

that

al-Miward-1

whereas

theory

While

the

of

stated
not

long

from

ment

that

with

life

Certainly
of

movement

Khaldun's

characteristics.

the

also

a dynasty

Dynasties"

of
see

Ibn

comparing

Eng.

trans.,

v. 1,

343-346.
pp.

1.

The

2.

Ibid.,

3.

first
Al-Mawardi's
of roughness.
stage
Xhalddn's
Ibn
to
of
phase
equivalent
88.
See Rosenthal,
p.
op. cit,,

4.

For

5.

Ibid.

p. 349.

Ibn

Khaldu-n,

see

Rosenthal,

93

and force
Badgwa.

op. cit.,

p. 89.

is

This
insight

into

Islamic

history.

lack

the

most
himself

connected

and

BUyids.

his

generalize

which

ideas

Muslim

discussing

different

scholars
of

Bu-yids
provinces

always

on

revive

the

side

community,

usurped

his

that

time

the

The

Caliph.
called

their
direct

was

distort

advice

him

no

a pragmatic

Khaldu-n

cAbbasid

of

his

of

the

on
was

kings
to

the

were

It

was

of

the

vain,

found

a powerless

Amirs
to

They

for
Caliph.

had

who

c Abbiisid

the

trying

were
to

trying

enemies

Islamic

94

They

ShIci

Caliph.

Sunnite

the

of
by

ruled

and

and

Al-Mawardll
side

in

Muslim

Baghdad

head

the

the

authority

Caliph

government.

not

to

fact

the

All

of

as

to

was

CAbba-sids.

the

the

approach

the

rulers

by

i. e.

al-Mawardl

issues.

facto

place

did.

legally,

the

one

chance

adopt

in

innovations.
his

gave

authority

belonging
to

dynasty,

to

country

themselves

authority
trying

power

one

that

of

Caliphal

Islamic

only

only

seems

governed

the

in

it

a de

as

for

understandable

Ibn

accept,

is

theory

life

political
to

refused

the

other

scholar

is

of

a historical

as

Sixthly,
first

his

with

A-situation

from

this

of

his

of

details

However,

development

the

and

shortcoming

satisfactory

spent

deep

al-MRward-l's

theory,
The

view.

a man who

us

political

of

of

point

shows

seize
were

traditions

who
all
even
by
to

al-Mawardl',
The

real

power

was

were

to

able

his

they

power

to

was

a delegated

as

might

pragmatism

conceal

followed

the

labelled

the

fact

show

us

and

strative,
tried
and

awareness

to

find

community

and

the
at

that

of

ruler

the

to

adopt
for

prosperity
the

same

time.

95

admini-

society.

He

for
them
the

writings

economic,
his

of

solutions

political

social,

that

scholars

al-Maward'l.

problems

This

but

Muslim

many

after

by

power.

al-Maward'I's

practical
the

advised

safety

political

spiritual

to

and

power

opportunism,

approach

Seventhly,

Imam

his

practising

from

clearly

the

respect

on

deviate

to

not

the

adopt
community

He stated

Imam's

be

same

his

to

Amir
the

of

recognition

enough

was

could

Al-Ma-wardi,

Islam.

duty

ruler's

not

careful

recognition

Islamic

destroyed.

who

their

to

full

which
the

prevent

traditional

of

the

does

the

Amirs

fit

thought

al-Mawardi's

real

Buyid

the

of

explains

being

hand,

view

behave

as

from

other

that

the

do whatever

policies

Baghdad

the

hands

Buyids

the

necessary
of

the

This

purposes.
of

in

vested

these
to

people

problems
security,

achieve
and

the

CHAPTER

II

AL-MAWARDITREATMENT0F

MANANDS0CIETY

K.

ADABAL-DUNYA

WADIN

CHAPTER

II

AL-MAWARDISTREATMENT

0F

MANANDS0CIETYINK.

ADAB

AL-DUNYAWA

K.
al-Miwardli

which
the
from

word

"adab"

literature,
K.

for

of

the

although

al-Mawardi"

approach

in

work_Tahdhl'b

his

be

many

denied

maxims,

long

since

1.

Cf.

2.

Cf.

does

in

rulers

become

K.

to

as

Ibn

society

fact

the

a context

al-Adab

al-Sagh'ir

an

use

and

in

used

in

work

concerning

man

al-Muqaffac,

not

that
of
and

al-MEward'i's
ethical

any

context,

philosophical

Miskawayh

did

in

his

-1

impact

cultural

metaphors
just

concerning

in

Ibn

the

Despite

limited

writing

The
cannot

by

al-Akhlaq.

arguments

been

example

is

term

main

view.

always

al-Kabl"r

is

establishing

of

has

as

al-Adab

usage

point

wall-D'in
his

for

pillars

Islamic

an

al-DunyH

presents

principal

the

Adab

al-Miwardil's

of

work

and

anecdotes

and

good

a feature

of

c--

M. S. Ma sumi, "Book Review".

2
IlAdabll, E. I.
F. Gabrieli,

97

for
of

he

literature.

I. S.,

includes

non-Arab

government.
adab

civilization

non-Arab

origin
This

had

1965Y pp. 345-46.

Certainly,
tries

who
of

to

Islam.

the

is

al-Mawardi
weld

non-Arab

Much
c Uyun

work

to

attempt
same

time

Most

of

Ibn

both

ideas

discussed

al-Dunyiwall-Din

are

Qut! bals

However,

work.

al-MRward'i's

for

which

context

Miskawayh's

ideas

for

be

described

can

satisfy
ity

man
can
he

that
society
orders
to

unlike

his

as

of
and

al-Miward'i

being

as

a moral

D. M.
Cf.
45.
p.

philosophers

Donaldson,

of

it

as
It

a nature

as

al-Farabl'

Studies

98

in

system

contemporary
dis-

social

impossible

however,

He was,

a philosopher.
reformist

and

therefore

whose

Muslim

to

practical-

by

was
is,

conception

social
the

with

corruption.

al-Mawardi

the

a series
His

and

Ibn

sharliCa.

presents

when

contrasted

'r as

the

Al-Maward'i's

dominated

Baghdad,

law,

of

build

to

system.

being.

of

form

was

attainable

"ideal"
is

Ibn

the

Islamic

social

Adab

a philosophical

goal

work,

K.

characteristic
of

material.

in

constituted

on

a socio-political
such

main

based

considered

moral

the

first
the

at

in

found

avoidance

a practical

advocates

consider

rather,

1.

be

the

while

al-Miwardir
be

to

also

wrote

the

perhaps

non-Islamic

Al-Maward'i's

society
In

by

instance

work.

realisable

of

is

work

was

and

tenets

(d. 276/889)

ethics

Islamic

scholar

basic

the

Qutayba

Islamic

about

Muslim

with

This

al-Akhbar.

using
the

morals

earlier,

write

first

the

not

comments

Ethics,

1953,

on

the

virtuous

city

speculation.

Despite

programme
theless
to

arose

hardly

was

an
for

something

his

which

attempted

than

describing

rather

reform

the

caused

al-Miwardl'

alike,

to

The
is

not

to

urge

the

His

salah

salah
both

the

that

is

or

were

that

limited

his

attention

probably

is

it

in

Islamic

society,

limited

by

have

99

society.
an

effect

achievement

of

and

the

disappeared.

terms

general

and

world,

human

the

being

implication

a wide

Islam

he was

the

society

and

his

own

subjects

was

such
of

of

his

and

religion

unheeded

well-being

on

This

themselves.

people

to

in.

had

uses

fard

He was
to

a man of

fact

be

should

rulers

The

in

a desire

was

call

well-being

simply

concentrating
best,

the

the

duny? l and

word
not

or

by

good.
the

it

a "new"

al-Mawardi

al-dunya

al-fard

as

on
was

Although
as

duty

level

condition.

people,

his

none-

society

how

state

towards

however,

call,

Islamic

attempt

not

or

it

society.

establishing

dependent

was
I

a personal

and

his

call

whether

people

at

actual

the

in

important.

goodness
This

to

instituted,

demonstrate

this

from

al-Miwardi's

be

with

its

cooperate
of

to

deals

in

society

matter

that

people

to

influenced

probably

fact

attempt

Al-Miiwardil
a way

intellectual

likely

constitutes

do

the

from

he

in
knew

conceptions

experience.

fact

In
the

with
sphere

subject

with

on

isolated

the

study
ideal

their

group

rather

to

the

He tried.

their

in
they

help

was
to

cooperation,
to

society

one

the

is

an

attempt

in

its

forces

to

should

goals,
and

work

the

together

The
and

its

within
problems.

to

on

people
with

100

and
this

his
the

restore

principles.
failed

to

Nonetheless,
Islamic

of

means

subjects

wish

Islamic

type.

social
by

and

of

this

of

al-MEwardl'

an

chose

involvement

parties
of

advocated.

present

found

Plato.

problems

on

doubt,
he

reform

different

based

and

realities

was

they

al-Firabli

group

of

rulers

already

speculation

political

should

Without
about

in

Al-MRward'i

the

connection

as

themselves

the

arguments

group

through

solve

any

This

aware

two

whose

of

achieved

well

He advised
for

the

the

with

and

those

time

spent

moral
into

scholars

isolate

to

the

divided

philosopher-king

refused

contact

writings.
need

the

This

to

be

such

philosophy.

community

can

deal

who

philosophical

ancient

events.

in

the

includes

participate

different

He was

is

and

time.

consider

devoid

himself

in

second

their

It

of

and

speculation
This

scholars

includes

group

pure

to.

who

in

first

reality.

referred

society

implications

The

based

are

its

and

groups.

of

Muslim

the

general,

society,
their
end

his

work

attainable
rulers

in

bring

view.

join

REASON,

RELIGION

In
begins
basis

of

pillars
religious
These

It

They

include

ance

of

were

permitted

all

justi

fied

the

stitutes
In

both

as

to

ments,

by

of

two

kinds;

cases
allow
thereby

of
the

to
to

ability

Adab,
p. 19 and cf.
Adab,
Al-MEwardl,
Ibid.,
pp. 95-98.
Ibid.,
pp-19-20.

all

they
allows

revelation.
assist-

prayer

during

of

duties

these

compatible

observance

His

at

practice

being

con3

commandments.
is

reason

that
reason

evil.

to

are

so

necessary

of

an understanding

ensuring

and

the

fasting

their

and

kind

obligatory

were

as

commandments

of

well

the

and

considered

obedience

mankind

of

nature

Allah

by

all

the

first

the

obligatory

as

it

prayers

Muslims

of

and

confirmed

kind

"the

understood.

almsgivings,

as

well

Further,
good

are

reason,

a sign

and

and

sane

of

be

is

source

without

to

obligatory

worhsip

properly.
between

as

The

Ramadan.

with

and

times,

certain

and

reason
They

adult

world,

second

the

religion

voluntary

The
by

of

not

tolerance,

others.

origin

reason

(c aql)

and

are
are

by

revelation.

which

1.
2.
3.
4.

temporal

al-Mawardli

reason

virtues
the

commandements
necessitated

is

is

wall-D-in,

that

commandments

were

by

al-Dunya

argument

the

of

SOCIETY

knowledge,

all

cultures".

Adab

the

with

AND

thE command-

practised

man to

distinguish

4
al-Mawardi,
p. 94.

101

A lam,

1971,

p. 9.

Al-Mawardi
inborn

(gharl-zi)

The

former

man

becomes

makes

and

is

true

This

the

subsequent

ascertainable

elements

daruriyya).

These

first

includes
sensation.

through

vision

the

are

elements

the

embodies

within

one

the

when
their

retain

then

sufficient
basic

minimum

sharica
toward

which

things

be

either

had

two

or

contained
hot

and

liquids

both

of

to

take

evil

or

for

102-103;

102

the
the

responsibility

good.

and

of
under

of

be

then

knowledge

charge

Ibid.,

elements

would

responsible

3.

and

than

of

itself

2.

pP. 94-95

The
This

less

kinds

two

in knowledge
The same distinction
19.
Aclam,
in
Nward!
p.
al-M,
20-21.
Adab,
Al-Miwardl,
pp.

1.

taste,

When man acquires

Reason

able

sounds,

category.

for

impossible

he was

audible

phenomena

a man who

support

(taklif)
all

realised
perceived

combination

these

perceive

rational.
to

is

be

through

is

characteristics.

to

ability
is

it

can

The

spontaneously.

two

the

reason

altypes.

first

which

necessarily

two

smells

one

having

e. g.

of

touch,

the

that

of

object,

and

by

inborn

objects

by

know

perception

liquids

cold

which

into

elements

impossibility

the

he

fall

which

of

example,

food

of

includes

are

recognized

recognition

second

to

or

because

al-mustadrakat

elements
For

means

knowledge

elements

reason.

the

and
is

(Cilm

those

through

or

inherent

and

between

(muktasab)

acquired

rational.

possible

a distinction

makes

was

cf.

also

Ac la-m,

made

by

18-19.
pp.

Acquired
the
to

application

because

it

peak
increases

through

man

is

one

who

reason.

He

is

not

only

he

inherent

has

increased

as
2

surmise.

leads

to

be

ing

to

reason.

tricky

is

knowledge

In

al-Miwardl's

and

properly..
commit

deeds

evil

and

not

him

help

insufficient

as

on
to

the

unite

a deterrent

1.

Adab,

22ff.
pp.

2.

Ibid.,

27.
p.

3.

Ibid.,

pp. 28-30.

lead

acquisition
man
in

to

his

problems
to

intelligence
be

would

be

considered

a virtue.

motive

his

is

accord-

enable

these

solve

this

though,

the

problems

a man use

Reason,
inadequate

to

to

undesirable

could

different

this

correct

could

view,
it

as

and

a virtue

not

is

This

sly.

with
to

is

perfect,

alongside

and

intelligence

such

a virtue

Should

slyness

reason

or

sufficiently

society

acquired

The

of

also

which

it

limits
1

types

ability,

intelligence

of

no

practice.

is

man

allows

has

two
but

rational

to

because

and

these

gains

Philosophically,

man

cope

time

natural

a result

quick-witted,

of

the

reason,

This

and

experience

This

reason.

knowledge.

of

virtuous

because

from

results

inherent

of

the

reach

reason

other

hand,

is

not

but

it

is

people,
to

103

turn

them

away

only
also
from

an

their

desires

and

human

actions

stem

from

a desire

a fear

of

punishment

Hereafter
this
to

or
is

which

spite

of

divergent

evil

harmony
religion

and

both

govern

and

allow

affections,

yet

and

be

weak

of

affairs

reason

be

would

to

ought

by

overcome

for
its

acquired

based

be

to

his

would

of

state

1.
2.

Adab.,
Al-Mawardi,
c18-19.
A lam,
pp.

3.

Adab.,

if

justice

than

which

concept

a ruler

standpoint,

rather

self-interest

according

also

a political

passion

the

for

on

religion.

a reign

to

reform

a competition
power

pre-

still

authority

in

restraint

it

with

could

a competent

force,

encourages
thetical

aggression

through

achieve

subjects

spirit,

ruling

and

the

negate

human

this

reason

In

the

Although

From
not

mutual

effective

authority
both

prevent

Therefore,

most

in

bad.

could

is

adherence

encouraging

religion

the

It

hell.

from

all

in

reward

in

them

passions

were

passion.

power.

desisting
that

opinon,

social

the

fact

for

in

effective

and

the

of

domination

and

most

living

good

passions.

because

is

This

of
own

in

he was

is

itself

round

centre

p. 45.

pp-136-137.

104

govern

anti-

Should
the
his

his

Passion

reason.

justice.
passion,

to

would

a ruler

administration
private

interest.

Consequently,

he

justly.

The

despotism

is

harmony
is

sions

and
soul

different
for

desires

carnal
in

ruler

its

best

the
in

desire
he

that

could

attainment

of

science

of

the

correct

approach

their

world.

would

imbue

could

and

In

them

Al-Mawardi,

2.

Ibid.,

3.

Ibid.

4.

Ibid.

were

that

the

with

Adab,

to

their

pp. 33-36.

136.
p.
41.
42-43.
pp.

105

the

and
object

of

Islam.
was

prov-Lde

not

was
men with

religious
them

rulers,

and

wisdom

for,

science

understanding

of

a just
is

principal

would

allow

for

of

ask

best

the

case

for

necessary

knowledge

thereby

pas-

knowledge

could
The

This
for

a whole,

an understanding

religion.

1.

Therefore,

the

commandments

is

as

as a consolation

all-encompassing

though.

possible,

man

gain??.

knowledge

acquiring

The

which

produce

establishment

"Know

doomed.

Religion

a restraint

the

says,

could

enable

to

organize

enlightenment
them

and
be

community

education
in

subjects

honourable

most

and

Al-Mawardi

it

and also
2

affliction.

and

polity.

as

injustice

classes.

the

issues

therefore

that

social

individuals

be

would

in

different

with

would

necessary

Learning
both

this

of

necessary

for

deal

not

community

also

only

also

the

the

among

not

but

result

and

Religion

would

to

adhere

to

the

straight

injustice

path

justice,

of

inflicting

and

harm

Philosophy
the

proper

were

not

of

be

to

religion.

to provide
be

should
life
parents'

ethics

munity,

in

without

argument

to

child

when

he

attained

Reason
basis

the

for

than

stronger
ion

should

power

als

be

not

can

be

a minimum

1.

Al-Mawardi,

Adab,

47,
p.

2.

Al-Mawardi,

Adab,

45.

3.

Ibid.,

It

and

pp. 227-29.

106

concerned

is

others.

of

Nasiha,

and

economic

fols.

is

religthat

essential

though

be

as

power

the

of

with
to

were

reason

benefit

achieved
level

com-

indispensible

but

the

in

them

However,

it.
for

the

was

Individ-

with

are

elements,

exercised

enjoy

relation

upon

It

accept

These

religion

two

Nothing

community.
do

those

of

their

of

matters

government.

a restraint

as

act

and

a just

in

their

stages

maturity.

principles.

in

education

children

might

instruction

men

their

populace

of

early

customs

the

social

the

sciences

the

process

educate

that

the

religion.

different

the

and

and

advantage

and

to

required

ethics

for

in

not

sciences

necessary
The

reason

was

rational
than

immediately,

order

also

moral
of

is

responsibility

aqliya)

attention

more

on

subjects.

aland

Y". nners.

based

general

uals

with

started
be

and

ulum

Education

them

their

on

knowledge

accorded

avoiding

cc

(al-

for

means

thus

if

whole
individu-

prosperity.

6-7.

Justice
they
If

is
lack

adequate

for

his

him

if

is

life

unstable

in
and

IDEAL

blame
the

society,

is

earth,

for

kind,
business
ately

the

as

man

only

need

created

to

him

be

be

his

life

Man's

he

is

with

to

allow

1.

Al-Mawardi,

2.

Ibid.,

3.

Geltell's
L. C. Wanlass,
'
1959,
Thought,
p. 53.

on

holds

eart

Adab.,

human

order

man,

basic

his

remind

was
man of

God,

of

the

p. 208.

Al-Mawardi,

132.
p.

107

deliberhis

Mighty,

requirements

132.
p.

Adab.,

his

further

of

on

earthly

and

material

History

end

of

inadequacy

need

and

while

others

independent
in

that

nature

natural

manage

to

society

He asserts

of

to

completely

even

which

that

company

unable

in

God

that

him

support

the

of

of

his

achieve

ordained

them.
by

to

4.

upon

becomes

concept

a community.

of
has

he would

inability

to

can

without

remind

necessary

placed
and

between

harmony

Wisdom
in

his

doctrine

Platonic

ramework

Divine

that

be

not

deteriorates

begins

inherent

the

within

is

what

SOCIETY

an
3

existence.

acquire

should

should

corrupted.

to
is

there

to

society

Al-Mawardi
according

individuals

a basic

for

unable

livelihood,

from

expected

means

individual

an

THE

be

to

not

Political

Al-Maward'i
Islamic

political

concept

of

tion

on

God

man

Divine

creates

their

Creator,

and

indeed

either

because

viewed

power,

the

his

of

be

restrains

either

himself

in

inherent,
The

Qur'an

that

he

the
says,

thinketh

their
with
and

with

a sense

1.

Al-Mawardi,

2.

Ibid.,

of

Adab.,

him

from

live

the

application

was

be

responsibility.

p. 132.

p. 137.

108

used

of
is

benefit

of

man

wrongs
is

oppression

he

is

self-sufficient.

man

is

oppressive,

as

God has

6,7).

(XCVI,

for

God,

inability

committing

together,

of God.

by

compelled

are

to

obedient

the

the

As

support.

human

man,

He was

that

fear

verily

to

man the

the

independent"

men

gave

or

man when

but

then

because

others

of

himself

to

is

managing
of

be

for

and

idea...

case

of

addition,

or

"Nay,

This

reason.

In

nature

Although
deficiency

dictated

grace

It

form

accord

own

applica-

the

knowledge

man would

a Godly

This

only

man's

elements.

himself.
towards

him.

should

actions

as

upon

its

of
In

the

taken

a secular

incapable

as

knowledge

this

of

Islamicizing

thus

has

based

and

'

medieval

he

as

cooperation.

God's

two

being

reason

result

these

a social

creatures

of

awareness

insofar

without

God bestowed

amongst

unique

thinkers

Will,
all

needs

Man's

as

is

of

a result
imbued

their
However,

them

benefit
each

man

was

able

or

evil.

good

individual

for

however,

the
an

ideal

that

to

Yet,

Should

this

be

lifetime

their

they

will

the

case,

in

receive

of

reason,

does

not

by

needs
fact,

is

and

does

to

the

fact

the

depend-

only

not
they

everything

submission

is,
and

does

social

Reason,

during

that

Nor
his

all

a preparatory

polity

needs,

perfection.

him

perfection

application

material

the

leads

itself

a just

of

the

satisfy

alone.

men

is

either

on

which

Individual

aspect

himself

guarantee

earth.
life.

complete

to

dependent

It

realize

guide

is

do

to

reason

on

man mi(yht
I=
on

of

element

essential

only

constitute

power

a necessary

after

community.

used

ing

is

perfection

stage

the

use

Responsibility
and

toward

if

to

need.

God would

not

exist.
Religiously,
unless
to
for

the
the

man to

it

be

considered

intermediary
is

main

the

or

worthless,

a bridge
man works

place

where

it

important

is
man

himself.

for
4

132
p.

1.

Al-Milwardi,

2.

133.
p.
)
life
is often
to mean
"The word dunya
combined
with
before
less
had
It
this
this
sense
more
or
world.
the eye
it
the early
In Islam
Islam.
contains
world
things
things
It
allowed
and
of
consists
can see.
forbidden.
is
Good Muslims
forbidden.
avoided
what
life.
dunyd; is the domain
In general,
of the material
2
E. I.
I'Dunya",
See A. S. Tritton,
and L. Gardet,
2.
E. I.
"Din".

3.

4.

Adab.,

for

principles

is

activity

Accordingly,

hearafter.
the

as
Dunya

hereafter.

know

earthly

Ibid.

Adab,

p. 133.

109

The

unyi

first

is

concerned

establishing
ethics
of

these

because

of

the

the

organized

with

the

idea

individual

he

consequently

is

a member

social

for

a wicked

live

to

man

its

to

adapting

How does
itself?
from

results,

mutual

znp

be

of

the

not

exist

and

temporal

organized

Adab,

2.

Al-Mawardl,

Adab,

all

world
to

according

134.
p.

1.

be

p. 135.

110

impossible

community
'
cooperation

view

is

in

mental

all
be

that

that

what

makes
be

necessary

(salah

material

and

people

would

the

must

economic,

are

should

would

not

would

well-beina
should

for

necessary,

to
an

and

social

dissimilarities

interdependence

societies

for

for

as

requirements.

differences

These

cooperation

need

man

not

because

a virtuous

social

the

society

would

Al-Maward'i's
natural

abilities.

in

other

impossible

political,
it

himself.
the

community

all

concerned

between

is

is

the

of

Likewise

events.

manifest

it
a wicked

in

man

dependence

This

participate

and

without

without

influenced.

for

is

second

achieved

in

The

ways.

pillars

for

mutual

lives

two

necessary

Therefore,

man who

be negatively

be

of

community.

a virtuous

the

are

could

in

essential

society;

which

Neither

and

well

a good

the

with

be

could

vanish.

equal,

and
2

al-dunya)
following

six

The

principles:
(1)

a religion

(2)

a competent

(3)

a comprehensive
shEmil);
public

(5)

ample

means

(6)

good

prospects

From
is

the

one

Islamic

an

only

another

it

it

that

Religion

be

temporal

be

included

is

an

is

it

in

desire
1

Man

domain

the

only

(dunya)

world

to.

Islam
the

anyone

accepted.

to
of

in

together
passions.

it

binds

religious

unity

and

cuts

Only

religion

to

submit
most

effective

the

other

hand,

Qurlan,
Gardet,

2.

L.

3.

Al-Mawardi,

is

way

for

the

through

achieved

111,85.
Adab.,

E. I.

insiduous

off

world's

2.

p. 136.

ill

reason.

will

passion

and

understanding

a proper

"Din",

individuals

overcomes

commandments

religious

the

commandments

when

for

feature

essential

because

societies

organizing

1.

for

adhered

religion.

men

the

and

of

religion

Should

never

would

subject

so

God.

is

which

religion,

by

accepted

dErr);

faslih).

the

view,

(c adl

(khasb

a religion

earthly

religion

religion,

of

point

therefore

must

be

qahir);

cimm);

production
(amal

must

valid
is

which

of

mutaba

justice

of

(canm.

security

There

(sultan

system

(d-in

to

adhered

authority

(4)

1.

is

which

c );

within

work

On

prosperity.
of
3

religious
In

in

any

case,

religion

other

and

and

the

exercising

important

the

justifies

are

state

duties
Muslim

of

public

required

by

jurists'

bound

closely

to

each

is

office

one
This

religion.
that

assertion

of

Imam's

the

1.

duty

of

safeguarding
religion,

without
2.

in

the

desire

they

can

This

isperhaps

of

religion,

or

the

the

only

subdue

be

deterred

restraint
of

restraint

fusion

(social

tendencies

and

stability

cruelty
of

establishing

1.

Al-Mawardi,

2.

Ibid.

3.

Ibid.,

Adab,

136.
p.

such
that

restraint.
the

or

reason,

of

a competent

by

inability.

restraint
authority,
Of

is
are

religion

the

these,
most
weak

often

2
of

the

and
the

the

community.
in

but

later

p. 136.
FoL.

pp. 136-137.

112

I CL

the
on

is

power

ruling

and

opinions

requisites

a society,

competi-

of

oppose

diverse

in

order

a love

whom they

and

.1

since

required,

authority

passion.

of

surviva

men have

solidarity),

necessary

are

about

object

main

of

for

because

of

reason

force

through

is

competent

by

overcome

chance

duty

main

a powerful

restraint

since

one,

may be

by

restraint

the

no

is

those

brought

The

of

This

the

his

individuals

of

to

or

effective
or

nature

the

is

authority

contention.

and

strong

has

society

A competent

is

there
tion

religion

the

various

establishment
3
initial
state

Force

and
stages

affairs

cL

be

should
of

administered

As
existence

sake

of

unjust.

The

religion

would
this

Without

jurist

Imam

an

unity,
necessity
be

and

obligatory

nature

of

the

Imamate

(shar

tion
to

this

c )?

of

but

the

same time.

ion

of

the

at
who

does

rather

it

However,

same
this

The

question

could
time

by

as

Adab,

2.

Ibid.

3.

Ibid.,

137.
p.
y
138.
p.

4.

Ibid.,

138;
p.

5.

Adab,

and

cf.

ruling

power

same

he

seems

to

leave

be

two

Imams

in

he

shadhdha

138.
p.

113

was

that

fol.

and

place

does

the
two

at
quest-

different

describe

(exception).

57b.

fuse

to

impossible

the

Naslha,

legal

136-137.
pp.

1.

answer

an

different

thought.

in

the

revela-

or

provide

unsettled,

view

reason

therefore

Imain

one

there

hold

the

concepts

earliest

presents

was

commandments

was

not

of

of

aim

than

whether

places
group

the

opinions,

be more

demanded

that

innovators.

and

politics

Imamate.

schools

various
As

differen.

and

Al-Mawardll

question,

opinions

there

revelation

the

of

or

ensure

religious

One

the

to

heresy

against

the

just

either

Imam was

the

authority,

reason,

arises,

is

that

for

fitna

than

Imam

the

defended

concerning

was

better

of

vanish.

believed

al-Mawardi

is

and

competent

alter

would

a Sunni

Muslim

of

requirements

justice.

the

the

to

according

the
5

These

The

Imam was

i.

To

v.

vi.

vii.

If
then

ately,

al-Mawardi
the

To

administer
according

To

judge
parties

To

carry
out
immoderation

To

choose
reliable
to administer

to

be

did

not

fact,

Mawardi

used

it,

for

between

legal
or

facilities

other

justly

and

different

penalities
slackness

without

and honest
state
affairs.

officers

to

blamed

carry

and

discuss

could

is

and

public
wealth
to revealed
law.

failed

heresy

territory

cities
use.

justly

Imam

subjects

in

out

Unfortun-

manner

their

and

means
1

rulers.

questionable

in

the

way

his

do

not

conform

thoughts

duties

these

punished.

the

punish

that

The
alto

criterion.
A comprehensive

exist.
two

justice

Adab,
2.

duties.

seven

against

Islamic

construct
for
public

liable

concept,

into

out

religion

To

the

he was

which

safeguard

To protect

iv.

legal

carry

were:

ii.

by

to

According

to

classes,

(a)

to

others.

system

justice

justice

al-Mawardi,
justice

of

to

oneself;

should,

was

divided

and

(b)

pp. 139-140.

Ibid.,
Al-Mawardi
had also
divided
pp. 141-144.
justice
into
three
in financial
types.
Justice
justice
in speech,
in deeds.
matters;
and justice
For more details
see K. al-Wiz.; Ird,
pp. 52-55.

114

any

encouraging

Justice

towards

oneself

to

ing

from

doing

his

soul

in

nor

doing

those

his

cases,

Justice

three

subjects,
in

Justice

case

unlawful

and

(ii)

should

also

man
him,

for

People
for

be

their

follow

people
social

be just

also
could

channels:
ating

others,

man beunjust
relations

1.

Adab,

2.

Ibid.

loyal

moral

and

with

sincere

category

of

others

desist
persons
would

are

their

who

to

ruler.

142.

115

support

lead

will
(iii)

doing
are

them

Man
in

him

He

humiliShould

harm.

and

should

three

from

equal

to

rank.

through

refrain

deteriorate

141.

superior

When the

justice

from

behaviour;

in
who

to

using

obedience,

this

arrogance,
to

following

faithfulness.

equal

ruler
employees.

from

others

prosperity.
others

towards
with

to

people

through

leave

by

achieved

principles,

this
to

just

the

towards

achieve

be

his

with

be

with

the

as

righteousness

and

and

unity

such

excess

be just

following
be

these

could

others

desisting

just

ruler,

to

hardship,

instance

could

in

employer

could

deserting
force,

rank-

the

and

this

easiness,

to

in

balance

indulging

to

desist-

and

should

(i)

categories:

inferior

are

individual

neither

little.

too

who

with

both

into

divided

The

through

actions

good

perform

wrongs.

happens

onself

to
the

him,

his

social

in

relations
4.
fear
is

the
The

is

the

the

if

mental
Without

of

This

take

may

and

place

be

reduced
perity

and

could

would
for

objects

hope
for
the

and

is

live

hatefulness

benefit.
good

thought

of

so

It

is

future

Adab)

2.

Ibid.,

3.

Ibid.,

pp. 144-45.
145.
p.

4.

Ibid.,

p. 146.

are
"Hope

a positive

p. 143.

1.

society

all

satisfied.
to

be
pros-

general
the

of

in

unity
they

people
which
acquire

could

stated

al-Mawardi

societies.

establishing

opportun-

prospects,
the

that

the

prosperity

This

a social

together

public

tend

needs

material

and

and

would

expanded.

production.

being

they

another

material

needs

achieve

By

in

exist.

prosperity.

justice

business

the

unite

people".

there

of

economic

brotherhood

their

6.

means

give\people

and

therefore

and

security

funda-

an4
to

move

ample

to

to

business
and

material

satisfy

is

factors

able

envy

would

people

when

their

with

Consequently,

an

two

therefore

society

is

security

their

enjoy

ensure

their

peace,

and

could

develop

to

would

own

These

security.
ity

prosperity

run

security

public

and

their

To

then

economic

if

security.

public

Public

cannot

they

where

place

sPOiled.

,,.,,.justice.

people

abandon

of

injustice,

of

social
it

would

maintenance

result

result

woul d be

society

116

essential
is

process

that

elements

God's

mercy

of

construction

to

from
to

one

for

plan

that

they

for
of

the

live

will
other

to

little
it

work

only

chance

of

for

Hope,

for
of

for

build

the

present

the

latter

future.

keeps

in

man

the

are

However,
in

perfection

the

nature
does

so

that

1.

Adab,

2.

Ibid.,

147.
p.

3.

Ibid.,

149.
P.

societies

loc.

not

the
and

establishment

society.
is

the

because

a fear
of

a fear

such
ability

a line

must

be

drawn

future,

on
while

imagination

of

in

to

based

are

a better

the

of

their

realm

a society.

former

towards

with

These

It

The

be

would

generations

hinder

wishes.

survival

generation

there

presence

However,

a view

every

from

them

constant
would

the

reconstruct

releases

and

new

planning

and

dreams.

for

for

sure

not

be

would

time,

people

are

explains

own

constantly

Muslims

the

they

If

their

survival

the

hopes

between

for
This

for

Muslims,

minds

it,

motivates
they

centuries.

to

hereafter,
the

in

generation.

difficult

is

though

even

through

It

another.

future

the

societies

were

to

generation

six

society

of

the

of

Changes
go

cit.

117

and

the

remain
(ahwal

world

persist.
and

will

necessary

pillars

organization

no

come

main

reach

Islamic

forever.
that

al-dunya)
are
their

required
ends.

THE

IDEAL

MAN

The
to

according
text

the

of

Man needs
be

to

order

These

requirements

right

guidance

good-natured

to

and

by

lastly,

and

away;

and

Man
it
his

balance
and

his

then

passion
judgements
ask
ruler

for

if

obedience

1.

Adab,

2.

Ibid.,

to

satisfy

than

live

three

in

errors;

means

the

means

either

in

In

latter

the
while

hearts

loathsome

is

of

of

his

he would
the

former

he

could

is

wrong,

become

overwhelmed

would

consequently,
others.
else

able

2
in

p. 148.
p. 148.

118

This
the

what

to

restrain

make

have

no

concerns
society,

to

submit

could

be

or

soul

(c aql)

not

subsistence.

Reason
to

kept

o-f productivity

determine

man were

anyone

(men's)

control

in

to

obedient

is,

that

of

is

that

society.

a generally

attracts

all

which

(salah

within
is

avoids

con-

requirements

concord

which

which

the

world

which

man would
and

more

temporal

a soul

right.
but

passion,

is

acts,

what'is

the

al-insan)

within

are:

desires,

temporal

of

with

him.

controls

place

sufficient

himself

support

(salah

man

takes

to

able

attitude

it

towards

of

al-Mawardi.,
well-being

al-dunya).
in

well-being

by

proper
to

right
the

because

should
for

passion

his

self-interest
lead

would

his

control

the

and

whole

of

part
to

allow

in

social-unity

for

only

in

but

themselves,

generations.

Since

for

societies,

organizing
in

element

Al-Mawardi

men.
example
in

the

of

Medina
for

other

things,

the

way

to

other

elements.

compel

1.

Adab,

2.

Ibid.,

be

unity

a Muslim's
to

a tribe
the

God's

fellow
the
Muslims

over

is

his

essential

because

it

is

among the

element
be raised

and must

all

in

concern

religion

adhesive

his

engendered

main

a family

of

sole

society,

above

all

Religion,
to

this

essential

the

uniting

which

an

citing

brotherhood.

loyalty

the

by

and

and not

of

in

with

view
in

be

also

fatherhood

Loyalty

is

Islam

feature

essential

relation
his

not

following

a priority

life.

members

must

cooperation

has

God must

which

an

necessary

Religion

earthly,

religion

is
it

of

even
to

the

supports

decades.

Obedience

for

religion

role

and

peace

of

the

on

is

society

a context

individual's

the

attitude

the

also

This

decay.

to

only

work

unjustly.

good-natured

individual

each

act

would

community

A general

he would

reason,

men to

on the

cooperate

other
for

pp. 33-36.
pp. 149-50.

119

their

hand,

is

livelihood,

not

sufficient
men also

need
be

a minimum

just

the

is

there

them

make

for

Reason

others.
righteousness

and

their

model

is

of

sufficient

him

with

man would
would

of
be

not

4
into

divided

of

profession
The

both.
is

the

on

"sound

(siyasat
(tadblir

most

so
is

three
labour,

profession

of

production

and
5

types:

al-bilad).

Adab)

2.

Ibid.,

209.
p.

3.

Ibid.,

loc.

cit.

4.

Ibid.,

loc.

cit.

5.

Ibid.

212.
p.
)

most
of

as

of

administration
other

120

words,

important,

intellect,

at

al-fikr)
based

activities

government

of
the
the

and

includes

which

includes

world

trade

the

need

means

temporal

(sina

intellect

208.
p.

1.

these

profession,

profession

in

support

would

profession

'It

In

is

his

is

they

that

commandments.

Without

are

to

men

being,

and

a
with

so

which

which

such

opinions",

to

acquire

religious

survive

of

which

lead

to

human

earthly

and

to

necessary

an

honourable.

al-nas)

as

to

Profession,

in

relationships

necessary

not

effective

and

maintaining

These

is

this

education

traditions

to

If

a background

subsistence.
able

deteriorate.

agriculture.
is

as

an

up

according

means
means

need

religion

actions
Man,

of

can

no man

being

him

build

social

disposition

good

it.

lacks

also
to

able

different

accept

he

chance

Men

for

prosperity

if

no

community.

would

material

behaviour

in

present

of

people
country
area

of

is

government
consequently,
from

the

loftiest

the

ruler

a practical

the
the

process

made

by

scholars

who

knowledge

ruler

the

honourable

To

is

the

most

by

the

religious
I

of

are

occupied

with

manual

work,

not.

The

former
while

Nasihat
1.

Adab,

2.

Ibid.

3.

like
is
the

is

al-Muluk,

the
honour-

most
in

the

profession

most

of
king

either

occupied
two

is

and

with

or

Imam,

followed

Those
(

those

cleaning

and

in

nearly
latter

is

If

the

connected

with

his

it

could

be

9.

121

government

do

as

religious

base

souls

and

assumption
in

earlier
said

wood,

rank

the

1),

occupied

cutting

we accept
of

sina

are

to

are

c-

amal
who

limited

who

same

discussion

then

professions

types.

whereas

loc-cit.
fol.

the

people

p-212.

Nas. lha-,

the

Therefore,

profession

characters.

wall-Din

the

into

contemplation

al-Mawardils

Dunya

ruler,

are

who

divided

use,

despicable

the

is

scholars.

also

scholars,

engaged

the

a creative

with

are

is

which
with

have

i. e,.,

among

Those

labour

that

they

practise

importance

rulers

(c ulamal)

sum up,

exalted

in

government.

occupation,

intellect.

community

he will

since

the

provide

that

the

contemplation

for

in

in

Following

scholars

positions

and

sciences,

best

view

art.

necessary

able

of

all

the

intellectual

of

and

is

point

honourable

most

of

Adab
work

that

the

al-

people
the

who

ruler,

the

not

theory

discussed
that

the

has
the

of

of

rulers.

Mawardi

stated

clearly

subjects

were

created

in

with
have

to

be

ruler.

being

this

is

which

manhood,

the

Parents
background

social
them

suitable

life

in

1.

Sabine,

2.

Naslha,

3.

Adab,

and
This

duty

the

the

conduct
society,

op. cit.,
loc.

in
Al-

wall-Din.

for

the

that

the

the

of

service

period

of

parents,

or

responsibility
responsible

their
which
and

also

pp. 62-63.

cit.

p. 226.

122

teach

which

they

why

need
and

childhood,
in

the

stage

youth,
of
2

man himself.

of

the

building

for

They

children.
would

created

attitudes

ethical

of

as

soul

explains

the

are
of

physical

al-Muluk

"organs"

to

nature

clearer

al-Dunya

conceives

acquired.
either

education

the
is

Nasihat

tendencies

in

by

asserted

Al-Mawardi
deficient

Adab

in

as

idea

he

which

Plato
fitted

are

resembles

classes

supplying

This

than

the

of

who

function

al-Muluk

"head",

work

point

Republic".

workers

Nasihat

the

"The

work
of

the

this

on

view

specialization

his

class

produce
needs

of

in

for

society.

Al-Mawardi's
Plato's

activities

manual

practise

must

benefit
them

their
to

teach

must

social

accept

different
This

traditions
educational

in

order

in

the

future.

to

ren

and

There

is

these

principles

no

behave

If

the

comply

acquired

by

others

of

view,

an

"ideal"

man,

1.

Adab,

228.
p.

who

his
was

(c uqalap)
for
and

eating

tries

a man
be

he will

blamed

1
moral

his

truthful
The

good.

main
full

if

of

123

and

good

the

be

should

of
from

was

avoid

should

majority

al-Mawardiobject

with

man wants

They

anger.

mannered,

by

relation

Men should

society.
and

which

principles

necessary

are

discussed
and

of
If

man regarding

for

are

which

manners

several

good

child-

explanation

customs,

a cooperative

were

principles

these

they

The

men

clothes.

envy

their

reasonable

include

others

this,

traditions.

a logical

principles

pride,

with

by

colleagues.
are

do

to

conventions

provide

to

tolerant,

modest,

social

child
with

convincing

and

traditional

the

harmony

failed

in

upon

community.
for

in

parents

customs

There

haughtiness,

live

by

estab. lish

point

to

to

These

others.
to

able

contrary

be

should

is

which

criticized

and

essential

agreed

need

of

wearing

is

include

must

recognized

process

these

accept

the

of

customs

difficulties

many

education

the

he

that

face

will

to

and

these

a moral
creation

disposition,

of

truthfulness,
of

modesty,

others

and
1

society.

towards

for

anger

Acquiring

cause

will

men

be

to

destitution

or

process
dictate

would

should

in

though,

the

add

achived

First

of

all,

faith;

his

Islamic

him

than

he

thirdly,
which

in

he

1.

Adab,

2.

Ibid.

3.

Ibid.

4.

Ibid.

This

or

should

not

afford.

in

other

concern
4

passim.
242,260.
pp.
,
254-55.
pp.
,
224-25.
pp.
,

124

they

which

in
is

this

part
in

interfere

not

of

conditions.

destiny

if

any

that
and

acceptance

particularly

wealth

cannot

his

better

are

characteristics;

himself

able

did,

following

a man must

secondly,

is

be

to

order

which

accept

argument.

opinion,

Al-Mawardi

the

forbid

However,

a al-nafsiyya)
to

in

either

al-Mawardi's
in

role

conduct.

principle

according

and

eliminated.

them

of

community.

-c

vices
either

a great

principles

another

business,

another's

to

a man must

without

world

both
of

avoiding

be

the

of

unity

Creator,

play

envy

pride,

behaviour

their

or

for

(al-qana

be

and

their

religion

these

self-satisfaction
could

in

according

yet

the

of

merits

standards

all

avoid

accordingly

education

man,

acquire

live

and

certain

"ideal"

the

to

of

sake

others,

Reason
the

the

just

could

who

these

themselves,

social

and

with

things

of

Al-Mawardi
to

play

a greater
than

society
did

this

walnahy
the

an

al-din

this

principle

(sharc)

deals

indicates

adab

rather

an

obligatory

the

Hadith

that
connected

than

rational

aspect

in

with

on

section
concerned
religion

It

ethics.

ruf

forbidding

and

his

revealed

c-

'l-ma

he was

as

a Muslim's

of

the

far

as

good

this

He

ruler.
bi

al-amr
the

with

was

from

of

his

of
the

to

obedient

(enjoining

he

That

maintenance

doctrine

the

al-munkar

evil).

the

being

merely

through
c

in

role

individual

the

required

also

in

is,

life.

fact,

He cites

Prophet:

"Whosoever
let
of you sees an evil
action,
him change
it
his
hand,
he, is
with
and if
his
then
to do so,
tongue,
able
not
with
he is not
to do so,
then
and if
able
with
heart,
is the weakest
his
and that
of Faith.
The

individual

evil

actions

Muslim,
in

his

Those
individuals

either
where
is

to

easy

is

Muslim

he

cause

harm.

would

have

1.

Adab,

practise

or

groups.

to

has

excuse

for

accepting

and

the

In

harm

be

discussed

was

and

expected
in

101-102.
pp.

125

light

not

to
his
to
of

are

case,
it

united,

However,

obligation
and

first

the

them.

punish

ability

If

acts

reprehensible

separated

are

a religious

under
if

actions

who

them

stop

no

community.

individuals

the

had

then,

"

a
their

stop

action

will

not

occur,

the

matter

the

nature

of

the

evil

actions

neither

any

to

relevant
truth,

of

word

But,

law,

this

principle

SO.

Yet,

occur

before

by

to

reason

community

faces

obligatory

to
to

that

it

was

in

Imam who

for
the

would

Most

of

the

is

obligatory

1.

Adab,

them

the

that
fight

but

of

subject

state
to

the

101-102.
pp.

126

views

traditions

who
(i.

the

should

obligation

thought

it

not

a just

Imam.

the

principle

that
condition

e.

this

then,

people

was

for

wait

denied

and

wrong

Others

group

there

Kalam

many

it

al-muntazar

The
also

to
when

Is

of

should

This

so unless

be

applied

forbid

to

al-Imam

group

do

are

quiet.

wrongs.

wrong.

might

difficult

scholars

people

of

people

stay
of

doing

then

band.

There

to

the

death

would

more

obliged

not

make

exercise
for

when

united

The

A third

to

obligatory

and

existence

said

forbidding

of

is

wrong?

were

it

clear

treatment

a strong

to

so.

was

al-Mawardi.

him.

support

its

people

c
Shi a)

the

doctrine

forbid

better

believe

do

to

that

object,

the

concerned

killed

existed

achieving

but

be

in

obliged

obliged

he would

the

This

be

actions
be

a possibility

unacceptable

said

these

were

actions
manifest

nor
not

would

would
i

even

individuals

if

everyone

if

according

people

these

law

revealed

the

objection.

revealed

If

committed.

of

having

sufficient

Without
be

might

of

number

wrong.

followers

them

killed

men

before

a situation
doctrine

ruler

be

forbid

to

able

they

as

calm

the

aim.

discussion

avoids

commits

therefore,

should,

stay

should

however,

the

where

who

achieving

Al-Mawardi,

are

him.

to

applied

the

and

wrongs

of

CONCLUSION

Despite
bridge

the

for

necessary
actual

of

which

linking

different

life,

concepts

own
as

Adab

reason

of

all

1.

Adab)

knowledge

as

other

man

and

al-Mulu-k

and

assertion
being

including

considered
religion

102-103.
pp.

127

for

discussions
reflect

wall-Din

influence

the

exhibit

in

Nasihat

(caql)

and

Baghdad,

and

al-Dunya

development

Al-Mawardils
of

thought

On the

religio-intellectual
treaties

requirement

main

the

and

the

in

of

society

pillars

i. e.

yet,

conceptions

ideal

the

society,

his

cultures.

al-Miward-l's

early

his

approaches

un-Islamic

non-Muslim

between

to

tried

al-Mawardi

Islamic

religion

of

aspects

many

of

that

existed

establishing

situation

through
all

gap

fact

the

hand,

the

society

study

with

Tashil

al-Nazar.

the

importance

as
is

the
hardly

of
a

shows

comparison

of

of

sole

source

justified

on

strictly

of

the

Islamic
two

types

really

the

philosophers

thought

grounds.
of

discussed

and

his

on

by

thus
Tle

work.
philosophers

be

could

ion

the

concerning

and

Christian
as

It

shows

a result
that

of

religion

them

the

spite

come

by

make

the

the

concept

is

it

ideas

least

in

the

with

However,
of

and

un-Islamic

similarities

of

for

to

to

deter

because

reason

and

This
of

condition

example

was

from

may

also

the

Greek.

this,

was

belief

that

for

as

an

not

religion

to

proper

Tahdhi-b

128

none

harm

to

be

over-

al-Maward-1

to

authority

repress

the

doing
could

for

enough

Miskawayh,

for
yet

from

men

reason

restraints

self-interest,

a competent
and

restraint

work

and

power

sufficient

existence

a fundamental

al-Mawardi's

important

passion.

effective

See

concept-

al-Muluk

influence
at

his

Nasihat

sin.

of

were

is

each

1.

of

competition

other

an

original

al-Mawardi,

In

human

of

the

of

nature
of

time.

this

in

bears

much

was

Muslim.

orthodox

and

issue

concept

idea

be

a continuation

Greek

of

at

bad

of

views

reason

the

of

Certainly

al-Mawardi's

of

theologians

view

same

Tash, 1:1 al-Nazar.

nature
and

considered

the

influence

the

is

muktasab)

reflects

shows

Al-Mawardils
soul

it

Rather

and

division

the

addition,

(gharizi

reason

Islamic.

not

In

these

to
evil

work

passions

organization

al-Akhl

as

.aqpassim.

of

It

society.
that

is

the

fused

in

considered

Nasihat

The
for

the

in

Islamic

purpose

society

of

his

introducing

but

the

with

al-Mawardi's

ment

ideas

of
lead,

will
the

this

concept.

able.

The

is

most

was

adopted

has

no

Tashil

It
Islam
the

concept

of

division

in

the

a high

Adab

to

by
Islam

certainly

work

manual
profession.

Plato

in

which

honoured

129

his

be

based

the

of

soul.

which

was

carry-

the

community,

work,

at

shows

souls

are

for

wa'l-Din,

science

that

the

of

labour

process.

in

origin
reflects

to

nature

the

view

no

reason

seems

honourable

manual
of

contemptible

is

al-Dunya

the

person
the

the

of

intellectual

has

at

Al-Mawardi

by

using

situation

and

of

force

discussion

evil

nobility

profession

in

hint

only

had

al-Nazar.

society

unusual

of

practise

trace

the

he

which

of

the

concept

practised

before

the

of

logically,

who

the

may

honourable

most

those

this

of

is

which

consists

and

way al-Mawardi

requirement

of

influence.

a Platonic
his

force

Certainly,

discussed

al-Mawardi

ing

of

organizing

traditions

The

us

idea

the

of

observance

his

on

idea

direction,

one

this

al-Muluk

thought.

al-Mawardi's

odds

the

emphasize

in

In

commonwealth.

to

continued

tendencies

all

base
says
This

still
of

because
This

idea

ruler

is

it

whereas
and

despic-

al-Mawardi,
tendency

"Republic",
manual

govern-

but
work

as

is

from

clear

many
The

of

that

all,
but

king

no more

during

to
his

from
him

to

the

God's

without

of

the

to

carry

blamed

subjects

these

out
and

and

Tashil

the

ruler

and

duties
the

ruler

carry

out

denied

left

that

to

in

130

his
is

clear
for

natural

a God-gift

or

who

in

Adab

for

the

right

should
albenefit
failed

rulers

treatises

alone.

the

Imam.

the

they

people's
God

was

If

propertly,

of
of

as

sense

The

Earlier

al-Mawardi

it

community.

duties

punished.

and

to

reign

society,

with

a sacred

was

dedicating

no more

question.
has

wall-Din

was
in

earth

the

deal

and

rulership
on

the

therefore

king

the

that

be obeyed

in

power

"king"

influence

always

was

no more the

the

that

of

phase

First

development

increasing

the

treatises,

neglect

shadow

Dunya

actual

is

This

grounds

shows

wa'l-Din

al-Mawardi.

instead.

al-Mawardi

early

Secondly,

community

last

the

Since

advice

the

beside

effective

Buyids.

of

the

on

al-Dunya

thought

Imam

the

justified

Caliph

the

the

head of

the

rather

be

might

in

Adab

of

content

developments

two

Traditions.

Prophetic

should

be

of

Nasl'ha

to

question

CHAPTER

AL-MAWARDISC0NCEPTS0FTHE

IMAMATETHEVIZIERATEAND

THEEMIRATEINKAL-AHKAM

AL-SULTANIYY

III

CHAPTER

C0NCEPTS0FTHE

AL-MAWARD1'
E)

IMAMAT

THE

VIZIERAT
INK.

THEEMIRATE
SULTAN

AL-

OF

AL-AHKAM

Following
of

Kitab

al-ahkam

attention
it

as

of
a key
2

thought.
points

of

concerning
ideas

of

attention

in

book

has

view
the

1.

Published
Sultaniyyah

2.

D. Little,
M. W., 1974,

in

an

not

publication

have

who
of

Islamic

studied

from

Nevertheless,
studied

regarded
political
several
book

text

administrative

been

the

received

the

political
the

with

merit.
K.

doubt

up

to

1853 under
(Constitutiones

"A new outlook

1-2.
pp.

the

has

al-Sultanlyya

al-ahkam

reputation

academic

continuing

been

state.
have

they

which

composition

as

Islamic

scholars
evolution

since

especially

al-Mawardi

a wide

the

the

and

book

the

European

document

edition

al-Sultaniyya,

several

The

AL-SULTANIYYA

Enger's

Without
enjoyed

AL-AHKAM

IYYA

VIEWS

EARLIER

AND

Ey

from
present

the

time

time.

of

Although

"Kitab-Ahkam
title
Politicae).

the
at

132

al-Ahkam

its

al-Sultaniyya",

as-

it

disagreement

major

on
in

author's

purpose

author's

intellectual
this

that

agree
Muslim

the
was

view
insists

uncompromisingly

the

book,

and

also

as

of

nature

of

the
do

scholars
on

compiled

Brockelmann
an

expose,

other

the

of

conditions
by

be

to

yet

to

However,
book

first

judgement

political

that

the

idealistic

adopted

the

tendencies.

jurisprudence.

political

a "purely

from

it,

is

there

of

nature

writing

was

The
was

the

and was

languages,

different

into

translated

by many orientalists

discussed

been

has

his

was

He states

similar

Grunebaum

book

al-Mawardils

theoretical.

3A

Von

scholars.

book

resulting

abstraction
timell.

the

that

is

that:

his
to bring
"Never
postulates
once did he stop
living;
he
in
in accord
the
was
which
world
with
from
deviate
the
did
he
normative
never
once
from
truth
and
revelation
as deducible
indignantly
have
he
traditions;
would
and
he had written
that
the suggestion
an
rejected
deplored
the
He
book.
and
recognised
utopian,
but he took
no note
shortcomings
of his
period,
Despite_his
his
participation
of them for
system.
in practical
conceded
never
al-Mawardi
politics,
logical
to
than
higher
to mere facts
validity
" 4
necessity.

has been
A detailed
discussion
translations
of these
al-Sultaniyya
al-Ahkam
made by D. May, al-Mawardi's
1974,
Indiana
Uni.;
Unpub.
Ph. D. thesis,
pp. 120-23
2.

H. Laoust,
Mawardi".

3.

12
p.
)
Islam.
Essays
in the
1955,
tradition,
p. 68

4.

"La
RE

et
pensee
XXXVI,
I_,

l1action
1968,

d'al-

politique
p. 11

Ibid.

nature

133

and

growth

of

a cultural

Malcolm

Professor
realistic

implication

classical

theory

had

itself

Gibb

who

Caliphate

them

the

theory,
inspired

in

is
and

not

Rosenthal,

who

extended

Mawardi's

theory

of

2.

ltal-Mawardils

3.

"Some consideration
Studies
Caliphate".
p. 142.

Reform,

1966,
theory

Thought

or

were

al-

established
adaptation
(al-

his

of
followed

by

E. I. J.

the

impact

necessity

and

expediency

they

Caliphate

legalized

of

the

by

p. 220
of

the

Khilafah",

I. C.

theory
on the Sunni
of
Civilization,
on Islamic
in

In

clarify

to

when

the

Islamic

Political
51.

them

Jamaca.,

1.

an

of

situate

al-Ahkam
of

views

to

time.

circumstances

political

of

K.

apologia

the

Gibb's

Ibn

al-Ghazaliand

an

by

that

the

of

theory

the

tried

by

made

was
of

and

elaboration

reality

shaped

ideas

main

context

an

time.

4.

for

a programme

views

work

stated

Mawardils)

validity

"the

that

allegorical,

such

al-Mawardi's

Gibb

"was
it

the

political

article

Sultaniyya

against

analysed

in

within

another

not
almost

A reaction

the

he wrote

when
been

the

'

rationalization".

H. A. R.

denied

also

al-Ahkam

a hyperbolical,

but

action

of,

Kerr

Medieval

134

Islam,

1958,

1937

the
1969,
pp.

27-

alon

On the
work

al-Mawardils
for

necessary

to
work

al-Mawardi's
programme
of

full

the

those

in

idealism".
pointed

out,

as with

the

Siddiql's

he was

"equally

as

cussed
only

1.

Gibb,
East,

2.

Ibid.,

3.

A. Siddiqi,
I. C.?
1936)

4.

Laoust,

5.

See

loc.

"La

suppose
have

theoretical

George

Makdisi

the

theoretical

It

seems
to

agreement

no

During

C
Mu tazilism.

scholar

"Constitutional
1,1955,
v.

to

should
in

with

exercised".

al-Mawardi

tendencies.

with

western

absurd

is

there

intellectual

the

"it

concerned

define

"-4

practical

elsewhere.

be

as

of

to

set

essay

"that

restoration

early

is

(of

and
11

should

is,

was

nature

and

a mere

work

It

the

an

of

as

Al-Mawardils

charged

they

intelligence

Nonetheless,
Mawardi's

to

words,

a treatise

such

in

Caliphate

how

It
institution

the
ability

reality

the

and

the

a man of

his

of

forward

of

where
In

composed

was

powers

powers

that

best

that

suggested

purpose.

pragmatic

the

looked

which

had

t'o regularize

al-Mawardi

Caliphate)

the

"a

had

Gibb

hand,

other

The
also

that

accuse

on

lifetime

his

issue

has

been
Gibb

Professor

al-Mawardi

Organization".

Law

al-

diswas

of

Ashcarism

in

the

Middle

p. 18.

cit.
"Caliphate
p. 121.
pensee",

and
REI,

Introduction.

135

Kingship
p. 13.

in

Medieval

Persia",

in

most

this

"can

Gibb,.

in

hand
the

of

in

read

his

readily

al-DT'n

theory

al-Ash

ari,

-:-

and

the
the

argument

independent

adopts
category
but

did

liberty

in

of
not
of

fj3

judgement
doctors
associate
judgement.

Gibb,
"al-Maward-l's
p. 294.

2.

Gibb,
"Some
Caliphate",

4.

that
law

that

themselves
He has

theory

considerations
p. 142.

-o

on

the

Sunni

political
Uni.,
1968,

an
one

view,
to

the
C
Ash arism

kept

Kitab

Khilafah",

p-59

136

and

was
any

condemn

the

"La

ERI,

blindly

of

in Islamic
Harvard

al-Mawardi

a similar

it

conbeen

"He

described

Al-M-wardi.
A study
Ph. d. Thesis,
Unpub.
pensee",

that

not

with

forces
the

belonged

did

of
of

however,

follow

al-Mawardi

that

it

that

formulates

in

Laoust,

that,

writes

school,

c
an Ash arite.
to

characteristics

has,

view

refused

Henry

one

and

nor

of

of

He maintains

who

1.

3.

This

al-Mawardi's

namely,

far,

c
Mu tazilite

sect
the

general,

Gibb

of

the

of

to

materials

al-Baghdadi".

article,

theory

says

contemporary,

al-Qahir

base

two

too

thinker

theological

the

Mikhail.

John
a

neither

at

shares

rigidly".

c Abd

another

the

a little

by

contended

it

the

authoritative

In

fact,

theory

too

clusions

lies

theory,

through

equally

Abu- MansU-r

in

is,

c
Ash arite

was

an

of

which

exposition
C

of

work

be

should

al-Ahkam

al-Mawardi's

interpreted

be

c
an Ash arite.

who was
"the

However,

context.

the

UsU-l

writings,

K.

that

and

their
al-Ahkam

I. C.
theory

of

thought.
p. 17

1937,
the

al-Sultanlyya
treatises

FOR
In

Sultaniyya

model

Islamic

of

REASON

THE

"the

as

par

pxcellence

COMPILATION

OF

introuction

the

al-Mawardi

law".

public

to
the

gives

the

of

THE
Kitab

BOOK

for

reason

al-

al-Ahkam

the

writing

He said:

work.

'Isince
the ordinances
of government
are concerned
those
in authority
(TJ1u-' 1-Amr),
with
and since
their
admixture
with
other
ordinances
make it
difficult
for
them to make a thorough
study
of
I have devoted
them,
to these
a book exclusively
is
ordinances,
on the command of one whom it
in order
to obey,
to make him know
obligatory
the opinions
of the jurists
as to those
ordinances
define
his
in order
he may exact
that
which
rights
duties,
in order
them in full,
he may
that
and his
for
them in full,
the purpose
perform
of following
justice
in his
and judgement,
and of
executions
in his
the rights
taking
respecting
of others
and
2
giving".
Without
this

passage
to

person

But,

unfortunately,

reign

the

of

indication

Caliph
must

since

he

not

seems

Abbasid

Caliph

al-Qa'im

that

that

unlikely
al-Qadir,

al-Mawardils

this

Al-Mawardi,

state

as

it

work

was

was

during

the

with

regard

position

written

Ibid.
2.

sole

obligatory
did

al-Mawardi

the

was

their

render

in

authority

of

was.
It

for

the

Muslims

Caliph

to

refers

the

whom all

obedience.
who the

doubt

al-Ahkam

al-Sultaniyya,

137

1973,

p. 3

to

the

for

him

to

be

had

requested

to

write

such

the

book

seems

Insofar

as
it

Buyids,

with

the

the

death

well

Jalal

prince

established

enjoyed

enough

a book.
to

a break

represent
it

that

probable

have

to

seems

al-Mawardi

seems

Buyid

the

of

become

Caliph

Abbasid.

was

with

al-Daula,

after

written
whom

close

a particularly

relationship.
It
the

toward
when
the

he

seems

side

refused

title

the

to

legalize

al-Mawardi's

of

opinion

latter

had

income.
Daula

not

Kings.

Caliph

to

carry

Jalal

sent

but

of

with
Aqda
again

al-Mawardi

al-Daula

when

Jalal

convince
failed

al-Mawardi

the

sources

private
to

al-Mawardi
out

satisfied

title

Caliph's

the

with

the

for

request

was

434/1042

In

against

this

him

429/1037

in

occurred

Caliph

granted

leaning

early

al-Daula's

The

year.

interfered

The

Caliph
Jalal

and

in the same
al-Qudat
9
the Caliph
sided
with

al-Mawardi's

Sunnite

of

King

of

that

also

in

of
alhis

mission.
THE

STRUCTURE

OF

THE

Al-Mawardi's
foundations

retical
rest,

but

Ibn

2.

also

cites

al-Jawzl,
Ibid.,
p. 116.

WORK
work

upon
the

Muntazam,

not

which

only

Islamic

the

institutions

and

v. 8 p. 65
.-I

138

described

the

government
the

theomust

administrative

which

regulations
Islamic

must
K.

government.
two main

vidbd

into

first

three

chapters

the

vizierate,

and

belong

to

Imamate

the
its

taking

particular

time.

As

discussed
as

the

his

the

on

the

public

administration

vision

those

almsgiving

and

regulation

of

part

second

in

mainly,

and

detail,
and
in

other
the

rules

Al-Mawardils
shows

al-Mawardi's

holy

which

of

exposition
knowledge

139

functions,
Then
which

Imamate,

the

alwere
in

al-Sultaniyya

such

are

justice

Islam.

it.

such

the

as

prayers,

lands,

super-

pilaidmage,
U, -

concerned

in

for

necessary

war,

public

provinces,

inspection

and

of

his

rules

government,

charge

Imam,

al-Ahkam

the

with

subject

of

the

emirate.

K.

of

of

al-Mawardi

institutions

office
the

while

the

of

nature
other

with

the

of

the

Islam,
reality

to

the

of

Imamate,

the

relating

discuss

vizierate

The

in

of

chapters

political

contractual

to

particular

offices

theory

qualifications

connected

statutes

the

aspects

intimately

of

to

Imamate,

institution

under

di-

the

the

are
three

the

of

character

different

and

They

be

can
includes

part

These

theory

the

moves

f irst

work.

interest

of

system

al-Sultaniyya

emirate.

concerned

rights,

deals

the

of

desirable

necessary

Mawardi

The

parts.

the

economic

al-Ahkam

political

and

the

rule

with

taxes,

the
criminal

general.

of
of

these

administrative

different

problems

1.

The
little

which

IMAMATE

observations

directed,

us

presents

with

Imamate.

the

on

to

al-Sultanlyya

al-Ahkam

been

has

attention

THE

K.

of

preface

interesting

some

OF

CONCEPT

THE

"God,
be exalted,
delegated
may His power
(nadaba)
for
the Umma, by whom He
a leader
Prophethood,
replaced
and through
whom he
He has entrusted
to him
protects
religion.
the government
(of
so that
management
affairs)
may stem from
revealed
may
religion
and views
follow
judgement.
Therefore,
an authoritative
Imamate
is a principle
the
the rules
on which
of religion
are given
ultimate
effect
and
through
the interest
which
of the Umma are
organized,
so that
general
affairs
are
it
through
legal
validated
and part i cular
by it.
authorities
are issued
The
2a

(nadaba)
delegated
through
that

does

if-

such

(C-2,al).

Although

give

not

itself

understood
-the.

--

Vke-v:

Umma,

which

a way

that

rules

imply

that

in

the

sense

i-&- tu-Vi #Athat

-

1.

Al-Mawardi,

2.

The work
nadaba
to
send someone

al-Ahkam

of

be

of

of
the

it

the
is

the

also

Imam's

It
of

Imam

duties
this

religion,

institution

use

mean

through

achieved

revealed

He

accomplished

could

the

that

mean

be

revelation.
that

delegated

could

It

to

facet

the

has

could

shar

a manner

one

a part

it
c

i. e.
in

to

effect

necessarily
is

the

text,
him

Imamate
be

in

He delegated

to

"God

says

for

a revealed

reason
was

leader
him

that

author

of
could
reason

who

gives

the
also
isviece-s<sa)
ef f ect

p. 3.

"to
to Ibn ManzUr,
means,
according
c
"
Lisan
do a thing.
Arab,
alv. 2 p. 251

140

to

"rules

the

of

revealed

The'office
Prophethood

but

religious,

the

goes

on

it

involves

revealed

religion

define

to

rules

of

which

provides

religion

c but
shar

is
In

It

should

be

the

be

in
to

earth

proper

religions

and

can

therefore

be

an

Prophet
main

in

deduced.

his

duties

Al-Mawardl,

were

temporal
to

al-Ahkam,

preface,

the

duties

world".
of

with

the

religion

P. 5

141

by

Imamate.

the

to

appear
the

Imamate.

placed

on

of
is
of

defending

Two principles
Imamate

all,

that

Imam

succeeding

Secondly,

duties.

has

al-Mawardi

of

Imamate

First

safeguard

Imamate

we have

the

the
he

definitions

"The

institution,

earthly

the

definitions

governing

of

stated.

two

in

the

which

institution

an

the

definition

Prophethood

succeed

of

after

these

He

implicitlythat

clearly

definition:

this

least

succinct

that

as

so

them.
by

the

al-

people

government

necessity

text,

the

a principle

the

at

As

among

and

of

continuation

of

effect

no means

noted

any

prevail
as

to

the

more

the

is

given

actual

earliest

He says

are

by

a briefer

gives

Imamate

for

Prophethood.

of

the

towards

it

imply

may

attained.

a replacement

government

indicate

may

tendency

some

seen
not

legitimacy

This

people.

as

function

the

of

says,

that

does

this

part

Mawardi

is

be

wh; cm-*-to

religion"

that

against

the

the
heresy

the
Imam's
and

to

Islamic
the
is

the

govern

world,

traditions.
both

Islamic

implication

of

world,
the

idolators
world

not

the

The

term

be

to

'a

Imamate

must

it

against

war

an Islamic

when

as

C)

to

made

the

that

that

the

revelation

will

seem

too

definite

the

of

contract

who

is,

There

reason.

one

people

some
by

necessary
by

is

Imamate

the

says

necessary

as
(ijma

consensus
be

that
he

nature

regard

however,

time

the

comments,

obligatory

others

while

holy

of

maintains

Without
its

regard

there

achieved.

Al-Mawardi
obligatory.

means

and

Therefore)

a continuation

until

here

used

is

non-Islamic.

and

and non-Muslims
was

community,
dunya

to

according

the

undertake

of f ice.
Gibb
that

al-Mawardi

(consensus).

also

seems
this

at

Imamate

that

maintains
It

revelation.

Khan

and

has

point

and

seemingly

refers

scholars

the

necessity

of

maintain

that

However,

the

by

necessity
whole

to

the

do with
agreement

by

by
c
ijma

of
legal

between
they

whether

revelation.

Imamate

say

this,

after

as

(f

1.

Gibb,
theory
of
al-Mawardl7''s
Al-Mawardi's I
Q. Khan,
theory

2.

C. F.
135
p.

Rosenthal,

or
the

of

the

meaning

Imamate,

reason

treatment

to

they

necessary

the

nothing

terminology
on

as

that

clear

when

op.

the Khilafak,
Islamic
of the

p. 28

cit.,

142

and

D.

May,

p. 295
state,
op.

and
p. 22.
cit.,

well
to
by

a tendency

towards

Al-Miwardll

takes

he has

which

the

supported
"Obey

is:

Imamate

the

of

necessity

he

that
of

necessity
remains

to

for

already

necessity

even
proceeds

obey

the

Imam.
is

them

but

also

and

those

the

ulu

though

from

by

both

their

reasons

for

it

,
authority

11-amr

are

"Obey

indicating

the
He

the

Imamate

the

whole
on

the

community

required

not

only

to

to

a leader

who

would

submit

injustices
God

Imams

and
among
but

3
p.

143

obey

against
the

you".
elsewhere

Apostle
In

this
the

its

different.

are
ot

the

presented

parties

necessity

us"
does

is

from
the

it

obedience

committing

in

Al-Ahkam,

of

obligatory

those

for

but

for

argument

This

and

establishing

the

the

God

has

he

necessity

indicate

revelation

revelation.

as'-, -&

of

to

of

necessity

accepted

virtue

then

prevent

the

group

necessary

as

by

after

the

Qur'an

verse

Imamate

argument

by

it

this

accepting

that

is
the

the

He says:

you".

against

in

community

aql;

is

by
of

'l-amr

ulu

argue

not

among

the

neutral

has

from
the

Imamate
Apostle

the

obey

establishing

arguments

which

and

by

given

the

of

from

quotation

as evidence

11-amr)

he would

mean

two

God

obedience

Certainly
not

cited

the

up

necessity

(ulu

authority

"Therefore

the

seem

cited,

previously

preface

shar

which

to

the

who

lie

in

passage

indicate

Qur'an

in

the

as

each
of

by

other
God

context
same

has

verse

been

to

used

obedience

support

Buyid

the

to

Pmlrs.
The
fore
and

was

like

by

be
group

were

qualified

fill

group
the

post

an

to
was
of

cadala
is

three

study
by

to

of

covenant,

out

by

two

choose
ahl

those

al-Imama,

Imam,

for

Imam

an

among

whom one

the

it,
al-kifaya
The

community.

(.ahl

choice

If

fard

the

of

aql,

ki

of

the

then

or

capable

groups

of

people

or

there-

was

fard

religion.

someone

or

who

al-ikhtiyar)

the

Umma,

who

were

and

to

qualified
invested

be

would

the

3
to

The

"the

al-Mawardi,
first

The

conditions.

.-Cc a).
JamjL

sufficient

the
up

According
satisfy

all

shar

a few

by

ahd

the

was

Imamate.

the

with

taken

through

either

for
and

carried

first

second

war
not

was

presumably
to

being

obligation

holy

the

Imamate

was

as

established
the

nature

obligatory

Imarpate

the

of

is

second

recognize

knowledge

worthy

justice

a collective

to

be

ilm)
the

which
Imam by

1.

Al-Mawardi,

2.

for
The study
is
obligatory
sciences
of religious
all
(.far4_
Muslims.
It
is an individual
duty
ain)
according
"seeking
knowledge
is an oblito the Hadith
religious
(adult)
for
Muslim".
The case is,
however,
gation
every
different
for
he meant
the religious
al-Mawardi
with
for
studies
which
were necessary
scholars,
according
(IX,
112),
to the Qurlanic
be
verse
really
which
could
See M. J. Ghazi,
KjEaya.
bi
considered
as far4
al-Amr
c'an
11-Ma ruf
by Ibn Taymiyya,
wall-Nahi
al-Munkar
1979P pp 23-44.

3.

Al-Mawardi,

Nasiha,

al-Ahkam,

fol.

the
is

who

is

must

electors

10b

pp.

5-6

144

the

virtue

of

judgement

is

third

best

the

choose

and

laid

much

fact,

of

the

fulfilled

is

a collective

earlier

role

of

power

for

different

legal

accord

with

The

courage

and

to

seventh

Ibid.

in

the

is

speech

limbs

to

explicit

knowledge

soundness

in

The

any

defect

and

agility

of
to

belong

against

to

statement

6
p.
,

145

protecting

the

the

the

to

fourth

is

which

would

the

arising.

an

ruling
The

affairs.

for

war

the

about
of

a degree

from

state

holy

the

judgements

is

conducive

first

The

sound

and

necessary

is
an

make

must

which

Imam.
is

second

third

judgement

waging

the

The

movement

bravery

condition

1.

body

the

and

there

influencing

functioning.

natural

of

territory

since

vision

the

is

him

and'administering

subjects

he

which
He is,

conditions

for

The

matters.

their
of

fifth

in

this

a concept

writings.

seven

candidates

leading

freedom

prevent

the

hearing,

soundness

lists

justice.

requisite

in

At

"'

an Imam.

by

senses

ignoring

his

Al-Mawardi
be

be

to

to

Y)

wa'l-ra

Imamate.

the

in

on

ignoring

election

for

seems

stress

(al-hikma

wisdom

The

qualifications.

necessary

candidate

al-Mawardi

point,

the

having

of
is

sixth

Muslim
The

enemy.

tribe

of

Quraysh,

(nass)

in

this

issue,

the

and

consensus

"give

said,
them",

due

no

to
of

claim

A.

hall

ways.

One

wa'

c
1- aqd;

the

previous

the

entire

it

by

the
before

was

of

the

The
not

the

process

The

not

detract

more

comPlicated,

Mu awiya.
upon
fact
from
it

by
that
the

of

electing
is
of

majority

vast

this

way

need

to

required

by

represented

Al-Mawardi
the

al-

(Cahd)

practised
c-

in

ahl

of

who

of

concluded

designation

by

Case

in

is

jurists

of

does

Imamate

Muslim

agreed

ways

is

there
it.

of

(ikhtiyar)

selection

other

time

him.

no

al-Mawardi,

says

the

the

the

since

practised
As

is

Imam.

presenting
jurists

Imamate,

denial

and

Theory

Umma had

Imam

the

obscurity,

go before

Hadith,

Prophetic

explicit

Contractual
IkhtiyNr.
The

two

this

has

Prophet

and do not

Quraysh,

to

The

it.

about

agreed

preference

and

be

can

has

was

no

discuss

longer
it.

detailed

a more

presentatiop.
Al-Mawardi
some

people

that

wayl-c aqd from

this

on

the

only

all

basis

the
of

1.

Al-Ahkim

2.

Ibid.

3.

Cf.
al-Shahrastani,
Usul,
p. 280

4.

Al-Mawardi,

an

election

provinces

Abu

idea

the

rejects

Bakr's

carried

could

forward

put

by

out

be valid.

election

at

the

by
ahl

al-hall

He does
Saq-ifa.

PA

op.

Milal,
cit.,

v. 1.

p. 7

146

p. 28,

and

a! -Baghdadi,

He then

from

electors

ahl

authorities
from

electors

gives

the

base

their

of

a wali

he

gives

of

the

on

of
c

The

al-

time

an

the

arguments

on

five

shu-ra

for

by

to

of

the

Prophet's

The

way

al-Mawardi

the

requirement
Finally,

one

as

he

rejects,

which
that
all

these

allegiance

the

of

Amir
being

which
of

nomination
may

these

prepared

would

give

an

not

op.

of

ahl

Imam by

cit.,

attain
al-hall

p. 7

147

al-hall

three,

been

technically

a member

Al-Mawardi,

then

ahl

wa'l-

on

the

to

c All

presents
all

five,
have

may

numbers,

from

does
to

al-M-awardl-

accept
that

he

of

election

based

views

progressing

member

a valid
is

view

pledge

death..

KTifans.

for

necessary

offering

They

the

only

of

this

He then

marriage.

a valid

for

electors

Umar.

with

possibility

argument

named

five

the

by

analogy

being

aqd

c Abbas

Basran

maintained

witnesses

wa'-l-

of

the

are

view

Imam.

the

which

two

and

to

the

of

without

and

his

giving

according

incident

sixth

arguments

al-hall

report
at

three

their

Saqlfa

the
the

elected

ahl

base

who

five

are

c
1- aqd

wa'

of

numbers

minimum

al-hall

They

preference.

who

different

three

gives

wa'l-

then
to

one,

suggests

accept

as

him

plenty

of

one

Amir,

even

the
c

full
aqd.

aqd,

valid

scope
though

requirements

to

In
religious

fact

matter,

circumstances

and

precedents,

the

rather

was

was

mainly

derived

the

When the
among

the

candidates

offer

him

the

to

were

Imamate.
their

swear
of

Umma was

obliged

obey

him.

If

could

not

be

a contract
into

In

fact,

contractual
did.
text

c3
ard)
0

the

and

concept

and

of

were

that

any

kind

1.

M.

2.

Al-Mawardi,

al-Ahkm,

3.

C.

"cAkd",

Hilmi,

Chehata,

al-Khilafa

it

is
of

fl

The

to

be

al-fikr

p. 7
2
E. I.

148

he
was

wa 1-ikhtiyar)
to

were

enter.

had explained
the

Islamic

the

main

or

the
he

that

manner

con-

an offer
in

principle

concluded

compulsion

to

swear

Imamate

the

involves

which

aqd,

the

entire

Imamate,

coercion

in

and

then
and

The
him

to

were

Imam

an

the

within

(qubul).

acceptance

is

subject
c

people

as

al-Mawardi
Imamate

the

the

with

contract,

force

of

the

(ridal

nor

before

they

because

choice

someone

Imam,

to

of

it,

accept

found

aqd

concluded.

offer

compulsion

nature

the

homage

and

jurists

He dealt
of

consent

neither

the

their
the

to

him

to

political

historical

accepted,

be

refused

c
an

would

pay

forced

of

which

to
he

he

allegiance

Imamate

the

contract

be

the

wa'lto

If

from
law.

al-hall

suitable

to

subject

revealed

ahl

was not

electors

but

from

not

of

number

a fixed

without
coercion

al-Isliiml,

to

p. 419

the contract

enter,
certain
by

circumstances.
body

the

the

represent
be

would
the

he

and

him

obligatory

give

conditions
invalid

in

this

the

would

Imamate.

already

may

sense

the

legitimate
make

other

that

1.
2.

Ibid.

3.

Ibid.

4.

Kerr,

hand,

though,

be

after

the

Umma or

function

17
p.

op.
cit.,

on

of
their

al-Ahkam,

the
their
behalf.

p. 7.

p. 36

149

it

refusal
accepted

swear

The

The
allegiance
was

oath

fulfil

the
would

be
and

qualifications

the

the

homage

nomination

should

community
qualified

of

office

"acknowledgement

a mere

obligation",

a choice

Al-Ilawardi,

to

to

from

removed

obligatory

seem

existing

the

be

who

or

contract

the

aqd,

community.

to

The

changing

to

considered

acceptance

to

him

cause

failed
3

contract.
of

the

obedience.

Imam

made

candidate

obligation

their

case

On the
is

which

the

wall-

the

been
c

acceptance

Imam of

under

the

unle&s
of

al-hall

If

the

under
have

would

the

and

be

would

were

ahl

candidate.

community

him

or

community,
the

except

The offer

authority

to

up

offer,

entire
to

of

be illegal

could
1

be
were

the

c
(bay
a)
and
of

understood
acknowledging

representatives

in

Thus
to

obligatory

the

If
Imamate,

the

for

the

old

age,

is
the

(ma yujibuh
is

courage

rebels,

the

Imamate.

appearance
deserving

then

elected
is

still

the

community.

swear

in
depend

on

If

al-waqt).
defend

to

the

the

more

courageous

If

the

need

for

th-e

ahl

appears

needs
for

time

the

the

of

virtue
to

and

fight

more

entitled

to

virtue

of

knowledge

is

the

masses

and

learned

elected

(afdal

him

after

the

and

is

Al-Mawardi,

al-Ahkam,

2.

Ibid.,

cit.

al-jama
one
of

contract

1.

loc.

of

al-ikhtiyar

candidates

valid,

the

other

is

one

the

more

Imamate.

the

Imam,

more

legal
On the

is

of

calmness

heretics,

of
of

the

of

the

younger

Imamate.

frontiers

the

the
of

need

it

However,

election.
f
to
allegiance
attainment

the

of

elder

was

for

qualified

in

the

with

the

1-aqd

wa'

equally

the

If
the

of

then

because

greater

and

to

greater

the

among

priority

would

hukm

al-hall

that

have

a condition

election

ahl

stated

along

not

of

were

candidates

permissible

majority
hand,

two

should

be

body

entire

al-Mawardi

candidates
would

decision

the

not

who
the

permissible

p. 7

150

one
for

a),

is

who

to

best

the
Imamate,

the

better

Imamate

is

than

the

with

the

former

pass

over

him

for

the

have

most

begun

existence
into.

to

If

al-afdal

inspires

homage

hearts,

their

is

al-mafdul

absent

then

the

concluded

as

such

a reason

or

people,
c

(al-bay
Imamate

his

and

be

to

because-al-mafdul

or

homage

the

is

for

done

among

the

with

situation

ill

or

obedience

more

this

al-ikhtlyar

ahl

al-mafdul,

been

has

this

was

to

then

al-afdal,

of

looked
that

excellent

paying

If

(al-afdal).

dearer

was
to

a)

considered

was

valid.
Al-Ma-ward"I
scholars
the

the

on

(less

mafdul
his

giving

own

a recognition
manner

being

only

for

he
one

be

should

scholars
an

as

person

this
Imam.

to

whether

goes

the

al-Ahk-am,

the

case

the

he

to

process

p. 8

Ibid.
Ibid.

151

of

In

possibility

that

asserts
giving

discuss

Imamate

the

this

can
ikhtlyar

his

such

their

a man

own
among

validly
or

the

qualities

a dispute
be

was

of

appropriate

Without

on

towards

inclination.
the

possessing

In

then

discuss

to

on

he

Al-M-awardl',
2.

goes

Imam without

Zaydi

and

avoids

Perhaps

mafdul.

other

excellent)

incline

to

of

views

He deliberately

the

of

the
(most

afdal

seems

Buyids'

the

appointed

preference,

by

Imamate

Imamate.

the

but

opinion

of

same

excellent).

the

of

validity

the

of

position

describe

to

seeks

assumed
an

aqd.

It
c

seems
aqd

was

unlikely

that

the

actually

held

by

Imamate.

the
matter
kind

would

gesture

towards

In
does

that

not

the

seem

to

be

if

In

fact,

1-I

candidate".

open.

question

even

A. 1

Imams
in

in

Adab

had

Case

bias
firmly

view

any

1.

Gibb,

2.

Al-hkiim,

3.

Al-BaghdMdl,

4.

Al-Mawardl,

the

some

out,

al-Mawardi,

Gibb's

suggestion

cannot

be

a single

pointed

dis-

qualified
left

al-Mawardi

this

Imams

two

such

possibility
the

Whereas

view

theory

p. 274

Adab.,

p. 138

152

there

of

it

the

being
than

latter

the

although

of

pp. 8-9
Usul,

in

towards

attitude

time,

showing

being

He says:

a concept.

"al-Maward-l's

of
same

arguments,

c
Ash arite

firmer

a much

at

D-In.

wa'l

the
the

rejects

"election
only

shows

places

al-Duny-a

against

by

for

evidence

is

Two

of

of

different

presented

the

making

again

discussion

above

there

Al-Mawardi
the

leaves

on

The

c
Ash arite

is

he

a rather
a book

such

again

that

that,

as

in

is

an

Buyids.

the

of

It

discussed

suggest

Imam without

an

scholars.

al-Mawardi

maintained

with,

pensed

that

view

al-Mawardi

Sunni

being

fact

The

unsettled
of

there

find

to

view

surprising

Imam becoming

two

he

Khilafah",

is

he

work
a slight
he

valid,
"it

did

not

p. 296

now

that

possible

though

even

(i.

a group

and

view

exceptional

It

is

the

Gibb's

arguments,

he

suggestion

that

in

Fatimids

Egypt

However,

correct.
Imam in

Baghdad

Mawardi

than

the

allow

it.

cites

two

fails

to

his

his

and

Imams

would

The
group

be

it

said

in

more
the
their

died.

the

This

fully

about
be

and

choice.

consequently
Although

1.

Al-Ahkam,

p. 9

2.

Gibb,

cit.

3.

Al-Ahkam,

op.

with

who
one
in

because

acquainted

Imamate

the

province

was

other

claimants.

to

of

the

be

of

al-Mawardii-

296
p.
,

p. 9

153

entitled

does

not

One

had

been

Imam

there

presented

were

Imam.

the

preceding

procedure
they

matters.

Imamate

whom the
the

this

at

related

to

was

al-

different

the

other

which

those

on

discussion

which

c Abbasid

the

with

his

the

may be

influence

Imam and

actual

would

to

as

greater

the

continued

disagreed

scholars

contracted,
had

the

of

to

concerned

was

been

hostility

Spain

in

Perhaps
by

prompted

part

as

here.

them

was

al-Dunya

Hadiths

association

close

have

may

view

an

Adab

in

prophetic
report

time,

same

hold

while

Umayyads

the

Al-Mawardi
point

that

this

the

at

c
Ash arite)

e.

and

Imams

two

surprising

al-Mawardi

wall-Din,
of

Umma has

the

were

contracting
to
actually

exercise

this

support

in

al-ikhtlyar
the

Imam,

new

fact,

the

people

the

become
Imamate

ones

(revealed

law)

death

because

in

arguing
on the

living

in

ahl

died

to

elect

again

favour

of
that

not

have

any

In

the
shar_

not

knowledge
the

do

Imam

of

aqd

practice)

for

advantage

the

of

the

suitable

the

province.

province

prior

his

of

Caliphate

are

province".

indicate

to

Baghdad

in

the

to

position

live

who

their

seems

Imam

the

outside
the

of

his

This

grounds

of

do

effect

those
in

members

(traditional

because

found

generally

Imam
from

CC
urf

those

of

said:

give

made his

"Those

those

who

through

and

he

he has

where

(previous)

over

priority

right

province

when
the

of

province
of

the

earlier

the

to

regard

with

clear

here,

view

and

conveniently

al-Mawardi

the

Baghdadi

fit

his

Imamate

own

position.
Others
each

one

surrender
In

this

the

two

it

to

the

way

the

of

candidates,
make

1-

or

a lottery

Ibid.

said

Imams

among

to

could

of

the

elect

and

6
p.
,

154

whoever

Imamate
for

either
others
was

duty

the

rather,

desire

While

a third.
them

was,

renounce

out

other,

electors
even

it

that

said

to

and

public
one

of

of
they

successful

safety.
the

two
should

would

have

the

to

right
for

repudiates
Imamate

was

because

sharing
had

a lot

Mawardi's
first

just

as

in

receive

of

the

same

marriage

to

two

different

one

one

who

Imamate
should

first

was

firmly

is

the

However,
of
one

them

at

of

them

contracts

the
was

were

did
2

recognized
in

him,
him

for

valid
If

then

such,
and

the

and

enter

the

in

contract.

as

to

authority

is

marriage
the

in
her

give

was

contract,

acting

two

alone

the

concluded

conclude

In

whichever

these
the

admit

not

the

the

second
into

him.

to

obedience

to

the

Drawing

allowed.

guardians

If

established

surrender

secondly,

marriage.

and

men,

be

can

and

that

for

legal

to

because

not

belongs

woman.

first

was

done

two

of

marriage

whichever

was

allegiance

case

all

of

anything

Imamate

the

the

be

cannot

view,
to

Imamate

al-Mawardl

suggested

a contract

do with

to

it

First

of

the

of

nothing

This

reasons.

result

e. g.

sharing,

the

two

the

Imamate.

the

if

Imamate

the

was

same

time,

al-Mawardi

stated

the

first

and

Imam,

invalid.

1.

Al-Ahkam,

2.

Ibid.,

loc.

cit.

3.

Ibid.,

loc.

cit.

The

proper
contract.

p. 9

155

to

contracted

should

that
and

both

neither
that

both

subsequently

be renewed

did

Al-Mawardi
2

point.

not,

sources

Mawardi

then,

which
played

to

speculation)

established

new principles

Caliphate.

His

ensue
they
and

determine

to

to

were
if

neither

of

each

claim

of

oath

would

right

to

who was
legal

of

them

not
make

first

be

claimed
them

of

this

to

be

to

situation

ijtihad

and

thereby

theory

of

two

be

the
should

candidates.
to

Imamate.

the

Imam,

recognized.

Their

had

neither
to

Muslim.
would

such
As
not

an

an

Ibid

2.

Al-Baghdad-T,

3.

Al-Ahkam,

4.

Contending
for
Imamate
is not reprehensible
the
Consultative
the people
Council)
of shTaril (the
e
by
Umar,
to elect
were appointed
a new Imam,
for
Imamate.
See al-Ahkam,
the
contended
p-7

the

about
the

a result,
depend

on

anyone's

cit.
Usu-1,

p. 281

p-9

156

exclusive

oath

1.

loc.

If

rightful

the

right

the

his

right

as

the

rather

belonged

outcome

was

acceptable,

it,

the

another's
to

problem.

investigation

an

of

status
one

contest

that

was

the

Islamic

in

exists
Al-

using

a solution
in

opinion

in

is

it

Nothing

this

role

find

allegiance

However,

solve

a major

problems.

received

this

at

stop

relevant

priority.

would

a new party.

with

arites,

Imam.

his

establish

Islamic

two

first

the

or

other

the

of

one

be

to

difficult

Ash

the

discussed

if

that

he would

(legal

like

He rather

He states
then

either

with

them

one of

since
who
had

taking
of

an oath

the

the

unless

a clear

one

them

of

lose

candidate

his

would

the

within

fulness

a new

time

of

Caliph

by

ahl

impossible

treating
arguments

for

Ali.

cMu awlyya.

the

involved

Al-Ahkam,

it
in

it.

were
in
was,

ignore

ceased

election
is

his
Yet,

p. 9

157

the

have

to

theoretical

without

doubt,

to

exist

it

was

theory

which
In

duty

to

the

this

long

outline
treatment

the

the

of

a caliph.

of

with

from

election

had

doubt-

of

reality

Nevertheless,
to

al-Mawardi

aqd

the

them.

practised

remaining

would

democratic

the
wa'l-

method,

of

first,

Imamate

the

of

Al-Mawardi

that

concerning
this

been

the

persistence

discussions

above

al-hall
of

one

was

if

acknowledgement

al-ikhtiyar.

with

never

fact

the

accession

developed

had

Caliph

the

of

aware

the

and

ahl

other

an

The

support
hand,

but

such

Imam

the

other

assume

contract

the

the

of

Imamate,

Muslims.

contract

the

immediately

the

and

would

that

because

of

which
On the

the

not

nullify

candidates,

nature

to

right

Imamate,

All
in

first.

found

acknowledge

right

would

conclude

the

again

the

of

position

both

to

were

become

one
the

to

not

would

be

if

Imamate

the

surrender

could

he was

Likewise,

it.

take

candidate

proof

that

he would

is

remaining

fact

that

to

were

contenders

other,

to

or'refusing

with

had

does

indicate

not
theory

that

and

the

best

the

or

only

say

that

method

of

anywhere

not

He merely

a caliph.

the

gives

this

of

particulars

requirements.
Imamate

B.

The
(cahd)

nation
virtue

that

first

c Umar

by

c Umar

entrusted
c Umar's

accepted
Imamate
the

to

the

validity

Imamate

and

members
of

of

the

designation
accepted

Al-Mawardi,

c Umar's

as

al-Ahkam,

by

the

the

Imamate

these

was
to

as

con-

was

that

ahl

al-shurE.

The

Muslims

of

the

candidates

for

the

al-shTir-E,
a limited

rest

of

the

Imamate

the

a means

of

p. 10

ZI

i-

158

of

second

desig-

to

ahl

to

One

Imamate

The

of

the

of

entrusted

designating

excluding

Accordingly,
unanimously

limitation

means

permissible

validity

designation.
Imamate

by

incidents.

confirmed

Bakr's
the

The

Abu- Bakr

Muslims

Abu

tracted

1
two

on

Caliph

the

and

Imam was

previous

based

Imamate

the

of

(consensus).

was

the

the

(c ahd)

Designation

by

conclusion

by

ijmac

of

designation

of

is

election

appointing
its

reality.

not

of

process

He does

with

concerned

only

was

al-Mawardi

out

of

belief

the
to

number
Companions

the

from

it.

became

concluding

the

contract

of

the

Imamate-'
Al-Mawardi

ahl

al-ikhtiyar

when

consent

in

He says

that,

"the

swearing

of

allegiance

because
on

the

is

more

his

the

the
consent

became
this

an

outll.
Imam

would

would,

of

anyone
the

This

during

result
course,

distinction

he

should

says

about

does

not

two

negate
be

that

into

c Umar

allegiance

it

is
that

current

'Imams

at

the

same

for

successor
3

for

This

time.

and

more
to

Imam,

theory.
ahd

Imam

the

likely

the

the

depend

not

is

more

of

between

did

allegiance,

life

drawn

consideration

of

al-Mawardi's

the

to

because

swear

mean

Imamate.

the

consent

also

to

else

swearing

the

in

and

their

of
of

taken
to

allegiance

Companions

the

what

is

towards

attitude

contract

be

not

his

necessity

opinion

need

than

and

the
the

of

respecting

carried

denied

of

in

passive

correct

of

entitled

choice

he

validation

swearing

discerning,
be

was

aqd.

The

1.

Ibid.,
loc.
Khan's
that
cit.
complaint
al-Mawardi
has incorrectly
interpreted
the nominations
made by
c
Abu Bakr
Umar is based
and
on his
own somewhat
interpretation
Khan
unsubstantiated
of the events.
like
in what
to be indulging
seems,
al-Mawardi,
has described
"the
Rosenthal
habit
as,
of interin the light
of the past
preting
events
of their
See Khan,
contemporary
experience".
al-Mawardils
Theory
Islamic
of State,
pp. 26-27
and Rosenthal,
,
Thought
Political
in Medieval
Islam,
30.
p.

2.

Al-Ahk9m,

3.

Ibid.

10
p.

11
p.
y

159

The designation
Imam's
c

aqd

life-time.
no

death,

one

more

or

aqd

in

who

new

by

anyone

he

was

that

the

of

he

gave

for

earlier,

the

accepted
c

by

ahd

without
he

secondly,
in

them

of

contract

al-Mawardi

(ridal)

totally

was

outlined

Imamate

)1-

wa

Imam,

electors;

consent

thirdly,

On the

the

had

the

of

any

electors'
and

which

contract

no

concluding

fulfil

longer

al-hall

new

the

after

person

ahl

the
wa

Imamate.

the

the

of

al-hall

ahl

could

between

first

with

the

another

of

theory

election,

consultation

necessary;

this

case

as

to

elect

no option

not

else.
It

Mawardils

ahl

argument

community,
subjects

is

by

represented

who
and

Accordingly,
selection.
to

the

the

of

of

Umma and

the

The

the

future-Imam

contract

during

a contract

gave

election

conditions

reasons.

regarded

the

the

with

conclusion
the

it

represent

Imamate

three

Rather,

unless

the

contrast

the

not

constitute

the

of

hand,

other

in

choice

Imam's

did

choose

1.

Al-Abkim,

2.

Ibid.,

2
the

that

obvious
al-hall
that

enforces

wa

Imam

his

orders

sometimes

there

seems

Thus,

generally,

to

and

role

c
11- aqd

the

even

successor

the

is

for

a way

be

no

at

pp. 10-13
p. 10

160

the

valid

harms

Imam
same

way
is

of

of

the

them.
opposing

given

time

al-

the

of

benefit

the
that

and

passive,

head

the

in

the

was

Umma as

the

of

the

the

right

Umma,

his

by

represented
right

of

by

their

practising

contract

authoritarian

will

Although,
from

giving

a conclusive

nominate

a son

later

make

it

perfectly

right

of
the

cites

to

sons

succeed

practice

not,

in

Sunni

their

select

silent

holds

as

a view

and

the

established

refrained

him,

as

fact

in

a result

his

by

a legal

has

of

he

his
for

evidence

"the

this

the

for

Thus
of

does

he

accepted

three

jurists.

placed

a successor,

He gives

the

Imam

the

whether

nominating
2

were

apologists

is

succeed
he

that

c
ijma
of

the

to

a son

al-Rashid

to

as

in

partner

al-Mawardi

clear

the

Imam.

a father

or

denied

method,

opinion

does

he

dilemma
argument
to

argument

it.

Al-Mawardi
for

conditions
These

of

consecutively.

remain

actually

support

of

in

fact,

which

but

to

example

this

in

Imam

the

this

first,

at

would

to

is

a main

as

role

according

which,

the

wa

al-hall

ahl

c
11- aqd,

conditions

the

sets

of

nomination
can

be

his

out

regarded

opinions

of

the

a successor

by

the

as

logical

Imam.

deductions

1.

In fact
for
it
to
al-Mawardi
was nonsensical
Imam's
designation
the
of a father,
especially
had never
happened
in Islamic
history.

2.

Al-Ahkam,

3.

Gibb,

4.

Al-Ahkam,

consider
as it

p. 13

"al-Mawardi's

Theory

p. 13

161

of

the

Khilafah",

p. 296

once

necessary
can

divided

be

below:

the
into

has

view
twelve

been

accepted.

sections

as

they

His

arguments

are

listed

1
is
When the
Imam nominates
the person
qualified
who
for
the
having
into
the Caliphate,
taken
account
is conthe nomination
necessary
qualifications,
ditional
by the nominee.
upon acceptance
so long
changed.

2.

The
the

3.

If
Imam were
the
nominate
another,
be invalid.

4.

in
The nominated
Imam had no right
to abdicate
favour
he were to abdicate,
of another,
and if
illegal
homage to the other
be
the
until
would
had been performed
process
again.
of selection

Imam cannot
renounce
nominee's
qualifications

his

nomination
have not

his
to renounce
the nomination

as

and
successors
would
of the latter

the

5.

from
the
to resign
office,
successor
were
be invalid,
it
had been
resignation
would
until
Imam.
Thereupon,
Imam were
if
by the
the
to
ratified
find
for
the
the
someone
else
qualified
office,
Imam could
If
then
to
assigned
resign.
no-one
were
be found,
his
Imam's
the
neither
resignation,
nor
it,
be permissible,
acceptance
of
would
and the
Imam would
be obliged
his
to carry
assigned
out
duties
by the
as required
office.

6.

The conditions
for
Imamate
the
necessary
were to be
into
taken
Imam-designate
the
account
regarding
at
the time
If he were under-age
of his
nomination.
or
dissolute
but of legal
at the time
of designation,
majority
and with
a good reputation
at the time
of
Imam's
death,
Caliphate
his
the
would
not be valid
the electors
their
homage to him.
until
renewed

7.

If
Imam were to nominate
the
someone
who was absent
the
and it
was unknown
whether
or not he was alive,
be invalid.
If
he were alive,
the
nomination
would
be conditional
nomination
would
upon his
return,
and
the ahl
have to call
him at the
al-ikhtiyar
would

1.

Ibid.,

Ifthe
his

Imam's

pp. 11-13

162

If he were still
Imam's death.
and the
absent
delay,
from
his
the
to
Muslims
ahl alsuffer
were
to
ik
administer
someone
else
authorize
could
Imamate,
the
the duties
swear
and they could
of
deputy,
him
to
not as a caliph,
as
a
allegiance
the advent
of the new caliph.
until
c

before
'lahd) wanted,
successorship
pass his
because
the
not,
the
in him only
after

8.

(wall
If
the heir
apparent
Imam, to
the death
of the
he could
to someone
else,
Caliphate
be vested
would
Imam.
death
of the

9.

be
If
the Caliphate
the Caliph
would
abdicated,
his
because
transferred
to his
abdication
successor,
death.
have the same results
as his
would

10.

If
two successors
the Caliph
were to designate
for
known,
did
preference
either
not make his
for
to
be possible
the ahl
would
al-ikhtiyar
death.
the C aliph's
of them after
either

and
it
elect

11.

It would
for
be permissible
to appoint
the Caliph
just
to appoint
the electors,
a
as he was able
be the one
The only
valid
would
successor.
election
This
of the appointed
electors.
which
was comprised
was one of his
rights
as a Caliph.

12.

When the
c Umar
as
candidate
That
is,
suggests
successor.

Imam convened
council
a constitutive
further
did,
the members
not
appoint-a
could
to succeed
the one they
after
selected.
did
like
they
al-Mawardi
not have the right,
Imam has to appoint
the
more than
one

Concerning
or

more

order
on

the

successors

of

their

Prophet's

for

the

Imam's

the

Caliphate

succession,
instruction

right
and

al-Mawardi
for

163

of

the

two

nominating
the

arranging

bases
command

his
of

argument
the

army

in

Battle

the

general

headship

special

wilaya

whereas

in
to

fact,

of

wiliya

could

not

legalize

Caliphate

the
was

He further
historical

With

justify

C-r
Sa id

that

allegiance

in

of

85/945

and then

he

al-Musayyib
to

the

Umayyad

Sulaiyman.

Caliph

Caliph

Harun
to

have

abstained
Caliph
C-

is

the

of

general

Sa id

efforts,

in

practice

seems

or

the

which

family

Umayyad

wilaya

juristic
by

the

the

former,
ibn

his

their

Abbasid

the

the

of

the

Al-Mawardi,

possible.

arrangements

to

and
to

all

by

precedents

regard

is

the

of

Imamate

rules

to

applied

monopolized

attempted

al-Malik

report

with

Abbasid

cc

Abd

be

The

of

the

or

amma.

opposite

was trying,

type

Caliphate
C

headship

the

a special

the

while

the

However,
is

al-jaysh)

khassa,

wilaya

Mu'ta.

of

(wilayat

army

the

past.
the

with

Sulaiyman

al-Rashid.
ignored
from
c Abd

justified

ibn

3
the

swearing
al-Malik's
his

son

al-Walid

1.

Zayd ibn Haritha

The Prophet
had appointed
as
(a piace
the Dead
of the army at Mu'ta
near
commander
fought
Sea and where
thS Bysantine
the Muslims
troops)
"If
a ffar
ibn Abi
he is killed,
then
and said,
Ja
far
is
if
killed,
his
Talib
take
place;
will
CAbd Allah
ihen
ibn Rawaha must succeed
him;
if
he
is killed,
they
the Muslims
then
can choose
anyone
1
See Hull,
I'Mu'ta",
E. I.
like".

2.

Heffening,

3.

Al-Mawardi,

"Wilaya",
al-Ahkam,

E. I.
13
p.

164

by

action

Imam is

the
then

the

ahd or

important

Bakr

and

This

lives.

he

c Abbasid

outside
different

concerning

the

view.

Caliphate
have

to

was
know

was

worthy

was

obligatory

have

Abu

Caliphs,
the
by

end

their

of

al-Mawardi's
so

as

to

please

Caliph's

of

Ibn

2.

Al-Mawardi,

3.

Ibid.,

the

by

of

virtue
for

the
with

him.

al-Ahkim,

It

pp60-61

12-15
pp.

p. 15

165

entire

been

know

is

obvious

the

Umma would

vested

to

to

when

qualifications,

electors

v, q.,

Kathir,

his

himself

that

state

had

successor

He presented
himself

does

Caliphate

the

contact

1.

he

(when

successor

another

nominees.

established,

only

personal

of

aligning

However,

that

the

nominate

two

without

firmly

it

to

theoretical

presented

rights

Imam)

an

opinions

specific

main
authorities.

argument

subsequently

the

of

his

Al-MRwardi

become

to

ignored

also

constructed

the

at

nomination

was

the

the

of

lifetime

Caliphate.

assumptions
he was

be

to
by

both

that

their

made

seems

justification

Imam's

the

reported

note

precedent

perhaps,

and,
the

to

c Umar

during

this

designation

to

C
Sa id's

we accept

designation

However,

opposition
is

If

while

allegiance

swear

not

would

'

alive".

was-illegal.

It

"I

saying,

in

one

who
it

while
his

name
that

and
al-

Mawardi.

of

know

Allah

that,

"if

it

is

and

his

Those

desertion

from

a very

lack

of

involvement

to

would

and

the

duties.

would

justify

of
to

go

be

not

the

to

certainly

to

decay".

the

general

Imam.

the

Imam

people
for

to

lead

surely

of

was
name

would

reversion

to

must

the

has

that

election

the

of

ten

that

reason

in

authority

fulfil

certainly

a result

...

practical

When the

had

up,

know

everyone

away

tradition

Duties

the

and

frontiers

is

him

then

they

objection

to

everyone

farthest

as

Al-Mawardils

description,

This

to

just

as

"all

that,

stated

Imam

the

for

required

the

a departure

had

of

name

showing

of

latter

Prophet".

persons

from

excused

the

His

and

Imam

him.

be

The

know

must

and

known

was

which

Sulaiymanlyya.

people

Jarir

ibn

who followed

Zqdites

of

group

Sulalyman

-.

the

the

against

stood

doctrine

the

that

knew

handling
4

They

Imam

their
state
were

and

affairs,
as

follows:

delegated
the

Imam

to its
To maintain
the religion
according
established
and those
agreed
upon by the earliest
principles
(al-salaf
innovator
if
Muslims
al-alih)
and
an
.......
a sceptic,
were to appear,
or soieone
were to become

1.

Shahrasta-dil,

2.

Al-Mawardi,

3.

Ibid.

4.

Ibid.,

loc.

Milal,
al-Ahkam,

1,
v.

pp. 159-160

p. 15

cit.

pP-15-17.

166

him the
the
Imam would
have to clarify
and show
him
have
He
to
admonish
also
correct
would
way.
to recognize
the rights
so that
and the punishments
from
disorder,
be preserved
and the
religion
could
from
stumbling.
community
2.

To carry
legal
judgement
out
among
cut
short
any disputes
equity
would
without
prevail,
the
oppressors,
or weakening

3.

To guard
(Harim)
a6tivities
without

4.

To enforce
legal
penalties
Allah's
secure
prohibitions
to protect
the people's
destruction.

for
litigants,
so
plaintiffs,
curbing
either
oppressed.

and to
that
the

Islamic
territory
womenfolk
and to protect
their
economic
out
so that
people
could
carry
land
freely
the
throughout
and travel
fear
from
to life
or property.
any threat
(hudud),
Against
from
right

so as to
violation
harm or

and

5.

fortresses
To strengthen
the frontier
with
equipThis
the enemy could
ment.
would
mean that
not
Imam's
He was
attack,
as a result
of the
neglect.
to prevent
the committing
also
of misdeeds
or the
shedding
of the blood
or non-Muslim.
of any Muslim

6.

Islam.
To wage holy
those
who resist
war against
This
happen
to
after
non-Muslims
would
entreating
This
be
the religion
accept
of Islam.
should
they
to Islam
or
carried
out until
were converted
had the status
This
the
of dhirL=lS.
would
ensure
Islamic
right
of God to grant
over
all
victory
religions
other
was exercised.

7.

To collect
legal
law,
as written
oppression.

8.

To assess
be
should
lavishness
the proper

9.

To appoint
honest
This
and sincere
men.
would
that
tasks
they
ensure
whatever
are to carry
out
be done efficiently.
Also,
if
they
will
were to be
the monies
be
entrusted
sums of money,
with
would
safe.

taxes
according
or interpreted,

to the
without

revealed
fear
or

the gifts
and whatever
sums of money
by the public
treasury
payable
without
or stinginess,
and to make payment
at
in advance
time,
neither
nor late.

167

the
state
To carry
of
supervison
personally
out
direct
the
himself
he
that
could
affairs,
so
its
Umma
the
and protect
of
national
policy
duties
these
He was not to delegate
interests.
in
the
himself
immerse
he
to others
that
could
so
All
workship.
or religious
pursuit
of pleasures
him for
people
all
other
was with
responsibility
treacherously
be expected
to act
or offer
could
advice.
misleading

10.

Actually,
than

more

a generalization
in

specified
These

had

first

two

functions

is

Imamate

as

explains

his

to

The

to

responsibility

the

brief,

art

any

on

devoted

of

a detailed

the

as

and

Caliphal

of

scope
3

This

normal

administration".

1.

Y.

Ibish,

2.

Gibb,

p.

cit.,

pp. 297-98

3.

Khan,

op.

cit.,

p. 33

Nusus,

pp. 13-57

168

case

It

is

of

conception
2

This,

a large

a delegated
He tried

officials.

the

on

administrative

leadership.

al-Mawardi

it

government.

the

negative

why

pictured

duties

Imam.

the

religious

elaboration

nothing

emphasis

of

emphasis

against

of

with

duties

main

was

administrative

a purely

the
and

Caliph

the

directed

government

in

al-Mawardils

perhaps,
work

on

writings

as

that

the

of

discussed

points

noteworthy

the

earlier

been

argument

al-Mawardi's

to,
power
illustrates

part

of

apparatus

of

authority

from

"defend
in

the

relation
the

to

disputes

the

Buyids,
of

disregarded

Caliph's

"not

to
(i.

others

rely

e.

Buyids),

the

or

may betray

and

Al-Mawardi

went

issue

religious

with
"0

verse,

even

passion

lest

it

26),

limit

Himself

personal

supervision

following

his

supervision

religion

and

because

it

is

1.

Gibb,

2.

Al-Mawardi,

op.

supported

sanctity

by

using

the

Qur'anic

you

a viceroy

the

truth,
from

astray
al-Mawardi

and

is

Caliph's

the

a-political

the

of
right

p. 298

al-Ahkam,

p. 16

169

is
duty

Caliphate
of

every

follow

on
not

Path"
"for

powers

This

passion.

God's

excuse

not

the

and

says,
His

will

position

cit.,

made

men with

delegating

earthly

personal

,2

deceive.

he

you

to

men

when

then

and

with

trustworthy

the
may

we have

of

to

further

between
lead

realm

functions
himself

busy

advisor

Indeed,

judge

so

matters

supervision

personal

because

worship,
truthful

David!

earth;

(XXXVIII,

the

...

the

the

implicitly

these

and

in

outside

exercise

delegating

upon

desires

temporal

to

and

Caliph

Al-Mawardi

Caliph

the

Caliph

the

Abbasid
them

placed

competence.

encouraged
and

the

and

administration

the

not

occurred

which

who

between

Allah

did

without
Caliph

the
not

because

only
by

virtue

but
one

for

also
of

his

of

subjects".

As personal
virtually

the

circumstances,
Amirs'

the

due

impossible

of

powers

Otherwise,

as

he

actions

later

they

by

earlier
Tashil

many
In

be

removed.

Most

of

the

of

fact,

them

to
D.

In

them
he
the

Imam.

office

sensitive

that

all

the

caliphal

was

nominal.

of

all

al-Nazar,

illegal

and

or

sooner

2
duties
works

discussed-them

al-Dunya

and

relation

to

he presented
in

than
duties,

mentioned

al-Mulu-k

in

wall-Din,

these

of

been

have
Nasi 3-hat

systematically
seven

it

Tashil

in

his

he

adab

more

listed

other

works.

and

attributed

the

Imam becomes

The Circumstances
for
ineligible
In

the

K.

if

even

Imam's

al-Ma ward- 1 in
where

through

considered

would

"king".

the

be

would

done

was

political
was

suggested

out

Caliph

the

contemporary

Amirs,

to

pointed

al-Nazar,

the

be

should

delegation

Amirs'

to

alternative

actions

by

supervision

discussing

of

Imamate,

terms

like

under
which
Imamate
the
Imam's

the
al-Mawardi

deposition,

1.

Al-M-awardll,

al-Ahkim,

2.

Al-Mawardi,

Tashil,

3.

Al-M-awardl,

Adab.

p. 16
fol.

32b

p. 139

170

was

disqualification
careful

I
sedition,

not
or

for
to

revolution.

use

The

causes
was

and

to

according

the

three

loss

of

senses

loss

of

vision,

as

includes

the

loss

of

category

includes

loss

of

liberty

Al-Mawardi

is

blind

owed

obligatory
If
to

obliged
Imam was

do

so,

It

seems

long

their

give

jurists,

that

clear

to

the
the

fulfilled.

Imam

However,

2.

Ibid.,

pp.

18-19

3.

Ibid.,

pp.

19-20

4.

Ibid.,

17
p.
the

Imam

failed,

the

to

reason
smelling

second

The

third

which

will

dis-

be

on

if

out,

c
Ash arite

if

unlike
to

right

so

failed
or

to

support.
other

many

their

withhold

conditions

The

were

he

obedience

were

deliberately

al-Mawardi

view

There

and

longer

no

him.

support

duties

his

were

earth.

certain

al-Ahkam,

people

the

Obedience
out

carried

neither

the

that

Imam.

and

carry

him

people

Al-Mawardi,

Cf.

category

of

denying

their

al-Mawardi,

1.

5.

to

shadow

owed

people

gave

obedience

had

he

be

obedience

God's

no more

the

and

the

as

Imam

the

duties

certain

first
of

The
2

limbs.

to

seems

obedience

as

properly.

natural

later.

people

of

ability

dumbness.

and

loss

the

of

category

cussed

The

includes

loss

on

a result

categories.

which

deafness

tasting,

concentrated

was

ineligibility

Imam's

the

showing

discussion

the

of

majority

not

refrained

pp. 17-18

in

171

Y.

Ibish,

Nusus,

pp. 66-67

from

through

going
the

remove

Imam,

In
Qur'anic
blind

interpreting

of

conditional

and

was

Unlike

the

dissolute
not
view
case

1.
2.
3.

forbidden

by

actions

who

as

the

continuing
it

comes

al-Ahkam
the*Ash
al-Ahkam,

c Uthman,

Riyasat

ijtihad

The

principle

adopted

the

and

This
a Shafi

p. 17.
arite.

is
c ite

172

was

Shaficite

classical
the

the

of
justice

Imamate

natural

in

when

this
it

leader.

Al-Mawardi's
Cf.
Baghdadi,

p. 20
al-Daula,

one

covetousness.

of

of

contracting

is

Imamate

condition

the

of

reprehensible

the

the

from

This

dissolute

passion

only,

al-Mawardi

undertakes
to

it.

own

jurists.

The

follow

to

recognition

accepted

that

al-Mawardi

that

Al-Mawardi,
against
also
c
Abu Ya la,
M. R.

held

prevented

as well
realized

Hanafites,
they

refuse

and

himself

which

acts

by

later

).

submitting

as

required,

by

his

adopted

neglected

advocated

which

texts.

was

dissolute

could

are

refused

use

religious

to

the

commits

to

preferred

al-Mawardi

people

there

al-Mawardi

obedience

of

that
opinions

rulers,

these

led

Imamate
who

and

completely

principle

is

to

tradition

in

f act

and juristic

verses,

the

means.

what

of - tAe

spite

how

to

as

by

and

obedience

this

details

pp. 397-98

is
view
Usul,
p. 278

In
the

adoption

the

Sunna

the

presented
prevent

the

from

his

office.

it

neither

that

the

Imamate,
21

Basrites

It

his

since

defend

the

this

of

and

these

While

many

scholars

concluding

the

Imam's

book

al-Ahkam

Caliphate.

legalize

was

rise

and

its

the

Imam's
Basra

of

of

from

was

basically

his
the

against

to

written
his

acceptance

c
-7
Shi
ite
a

of

have

would

views

removal
view

only

contract

Therefore,

the

This

Baghdad.

view

justifies

the

dissolute-

of

Imamate

the

the

way,

kind

occurrence

al-Mawardils

would

in

Caliphate

contract

that

Abbasid

case

Some of

prevents

seems

own

with

contrast

a negative

others.

justifies

nor

in

this

his

cite

its

that

in
to

concerns

which

either

as

not

of

and

say

office.

opinion

views

continuation

were

interpreted

did

concluding

removal

that

in

Al-Mawardi

dissoluteness,

of

be

could

differed

ness.

been

possible

under

Buyids.,

the

Even
would
sidered
in

case

beliefs

of
or

scholars

in

the

his

the

affect

book

Caliph's
by

briefly

the

though

al-Tamhid,

rule,
c
Ash arite

the
3

1.

Al-Mawardi,

op.

2.

Al-Mawardi,

al-Ahkm,

3.

Ibish,

op.

cit.,

cit.

of

concept

al-Mawardi
17
p.
,
p. 17

pp. 57-58

173

had

infirmity,

been

previously

Abu- Bakr
was

as

the

it
con-

al-Baqillani
only

jurist

to

proceed
This

a detailed

with
idea

Muslim

by

accepted

was
theory

in

general.

in

consideration

to

sidered
the
of

as

core

of

of

naqs

al-tasarruf

Caliph's

The
two

facets,

The

first

either
would

were

to

ment,

"without

take

control

Mawardils

definition

in

imply
of
part

field

the

too

was

coni. e.

Caliphate,

the

curtailment

of

unique

be

might

when

Imam

the

loss

or

this

the

usurper

1.

As translated
"
Khilafah,

2.

Al-Mawardi,

must

not

by
p. 298

in

Gibb

al-Ahkam,

he

in

then

P. 34

174

to

the

to

be
do

to

unable

careful

not

to

Caliphate

the
explains

al-Mawardi

the

second
that

stipulated

insubordination

"al-Mawardi's

al-

had

been

was

rejected

of

contrast

duties

have

would

his

display

in

manage-

of
or

part

certain

which

assistants

power

first
was

This

predecessors.

the

the

al-Mawardi
that

definition

The

which

Imam who

definition

al-Qu1im's
the

in

Imam's

had

(qahr).

captivity

the

restraint

However,

case.
his

could

or

and

have

insubordination

his

of

liberty

of

(hajr)
0
one of

opposition".

by

out

in

loss

of

Imamate

the

of

of

of
or

demonstrating
his

so

in

which

thoery

restrain
occur

publicizing

carried

the

problem.

liberty.

theory

a point

the

problem

jurists

Al-Mawardi

political
giving

this

of

examination

or

Theory

of

the

his

publicize
the

exact

opposition
between

relation

Caliphs,

and

the

at

c Abbasids.

It

is,

however,

the

of

the

usurper.

actions

actions

are

compatible

the

requirements

his

approval

these

so

actions

must

the

seek

to

the

usurper's

to

the

Saljuqs,

to

the

save

became
from
be

not

aid

of

Sunnite

in

was

could
or

the
and

rose

Al-Mawardi
Fatimids,

1.

Ibid.

hands

or

the

rebel

was

obvious
who

laid

17-18
pp.
y

175

capture
who

would

end

call
onwards,

enemy

The

enemy

that

the
to

claim

their

Iraqi
of

align

Imam

the

when

with

different

theoretical
Muslims

an

domination.

occur

c Abbasids
in

groups

ite

himself.

Egypt,
the

put

an overpowering

of

It

antagonized

Shi

Caliph

indirect

an

if

But

the

422/1030

would

liberate

a Muslim.

examined

the

the

in

-c

from

to

able

from

and
give

Umma.

the

was

a power

captivity

Fatimids

This

these

should

religion,
be

will

'

of

not

seditious

various

who

as

to

with

Caliphate

a prisoner
he

compatible
those

Caliph

the

examine

religion

of

the

of

"if

says,

harm

cause

domination".

case

Caliphate
to

are

to

ordinances

then

to

not

who

infidel

threat

as

The

which
an

justice,

Imamate

necessary

the

c Abbasid

the

Al-Mawardi

described

he

the

and

legalized
still

with

of

Here,

Buyids

the
time

same

Caliph.

the

to

could
only
the

support
provinces.

Baghdad
themselves

by

with
Caliph

Mawardi,

"if

Imam to

in

by

elected

fight

the

Imam of

the

the

community.

capture,

In

this

case,

for

whom

In

who

to

order

be

will

point

al-Mawardi's

al-

concept

Imam

of

not

would
be

would
in

to

the

fully

discussed

would

adl)
the

order

him.
c

duty

people's

Imam

the

liberating

words,

maintain

an
the

from

Fatimids,

be

al-

said

obey,

(Dar

other

would
The

they

of

justice

the

themselves

removed
hope

of
of

Umma.

of

and

lack

Imam"

in

the

considered

realm

the

This

later

in

rebellion.

THE WIZARA
As

an

is

rebels,

rebels

discussion

2.

the

of

elected

homage

the

a new

elect

have

pay

of

event

prisoner.

them

because

to

the

rebels

by

electors

have

the

the

captive

The

taken

whom they

Imamate

be

be

would

held

In

Fatimids.

the

already

mentioned,

earlier

work

on

al-Wizara.

Sultaniyya,

he

dealt

with

a different

point

course

of

of

literature,

In
the

a social

nor
c

1.

The term
of Dar aladl
Mawardi
was to be related
by
was ruled
previously

2.

Al-Mawardi,

3.

Ibid.,

al-'Ahkam,

Kitab

subject

The

view.

had

al-Mawardi

al-Ahkam
the

of

subject

was

written
al-

Wizara
neither

from
a

function.

had been used by alwhich

to the territory
which
Imam.
the captive

20
p.

pp. 58-59

176

It

is

in

embodied
Islamic
here
or

here

treated

a text

all

legal

work

interpretation

historical

general
was

also

or

entrusted

wizara

theory

on

text
in

his

the

of

had

no place

legal

texts

and

al-Ahkam

camma issued

wilaya
in

the

either

religious

The

power

to

is

and

traditions

based

was
of

precedents..

legal,

devoted

Non-Islamic

the

of

religious

essentially

-entirely

government.
as

which

as

by

Islamic

on

was

the

Caliph,

i. e.

representative,

the

wazir.
The
of

(wizarat

delegation

execution

vizierate

(wizarat

was

of

al-tafwId)

and
2

al-tanfldh).

two

types,

the

the

vizierate

Al-Maward-l's

vizierate
of

distinction

The legal
(wilayat)
issued
that
by the
powers
were
Caliph
The nature
types.
were of four
of each power
limited
The first
the authority
of the appointee.
included
in all
type
those
whose authority
was general
limitations,
i. e. the
the_affairs
of state
without
The second
included
type
those
wazir.
whose authority
in particular
i. e. the governors
affairs,
was general
The third
included
type
those
of provinces
and cities.
in general
i. e.
whose authority.
affairs,
was delineated
The
the chief
of judges
and the collector
of taxes.
fourth
included
type
those
whose authority
was related
i. e. the judge
to a particular
of a city
and
affair,
See al-Ahkam,
local
the
taxes.
of local
collector
p. 4
definition*of
It
is noteworthy
that
the
al-Mawardi's
from
in Kitab
different
that
wizara
alwas entirely
WizXra,
the nature
of the office
when he described
of
in general
terms,
the wazir
and literary
any
without
See Kitab
to the concept
of wilaya.
attention
alWizara,
pp. 47-49
2.

Al-Mawardl,

al-AhkHm,
0

p. 22

177

of

the

vizierate
c

al-Tha
divided

(wizara

vizierate
(wizara

Imam was

affairs

The

qiyas.

As

provide
which

1.

Al-Tha

2.

According

4.

the
in

alibl-,
to

Al-Mawardi,
Tuhfa,
p. 39
Ibn
Cf
Islam".

them

own

was

that

the

this

The

al-Wuzara,

and

C
Jama a, "Tahrir
al-Ahkam
in Islamica;
v. V, 1934,

178

the

of

office

kind

secular

of

or

permissible

first

to
office

development,
jurists

who

Imam,

then,

more

wrote

was

in

Passim
XX,
cf.
fi
pp.

29-33.

al-Tha
Tadbir
35ff.

on

legal

al-Mawardi's

verse,

p. 22

judge-

was the

followed

Qurlanic

al-AhkEm,

in

of

analogy

was

so

All

shar

texts.

Tuhfat

personal
was

execution

al-tafw1d),

and

a historical

of

of

management

more

of

vizierate

the

al-Mawardi,

for

vizierate

the

(wizarat

al-Mawardi

by

vizierate

vizierate

the

all

unlimited

vizierate

opinion

the

basis

their

the

with

said

founded
of

called

someone

a result

as

an office
subject,

it

seems

existed

justification

3.

a legal

such

limited

first

vizierate,

It

the

and

for

basis

the

and

the

his

to

legal

types.

for

entrust

Prophethood,

Imamate.

the

to

according

ment.

than

As

tanfidh).

The

two

tafw1fl,

Mansur

contemporaries,

al-Mawardi's

He also

(wizarat

(wizarat

in

mutlaqa)

muqayyada).

delegation

the

into

vizierate

Abu

invention.

own

of

was, one

who

the

not

was

alibi,

his

alibl,
ahl

al-

need

of

the

vizier's

This

affairs.
as

le,

possib

with

few

as

which

the

were

Possible.

for

however,
be

the

for

those

specific
in

qualified

vizierate
of

was

matters

which

was
Caliph.

first

a result

as
This

had

of

al-nazar,
0
If
it
was

and

the

second

restricted

to

extent

could

also

Caliph's
the

not

the

established.

1.

Cf.

2.

Al-Mawardi,

3.

Ibid.,

4.

Cf.

5.

Al-Mawardi,

could

be

p. 23
calibi,
al-Tha

should

22
p.
p. 75

Tuhfa,

al-Ahkam,

pp. 23-24

179

without

However,

67-68

al-Ahkim,

or

the

by

The
or

deputyship,

established.

pp.

al-Wizara,

deputyship

of

a contract

pronouncement

jurisdiction

both

combine

pronouncement

vizierate

the

the

conditions.

deputyship,

the
of

of

wazir

like-that

with

clear

of

-L-

the

As

position

two

generality

authority
be

the

include

that

established

were,

that

finance.

this

of

to

that

of

be

only

would

There

required

and

then

amma,

was

the

war

of

wilaya

valid
4

which

C-

Imamate,

the

the

conditions

the

Imamate,

the

lineage.

of

specification

for

necessary

0
except

be as effective

would

were
as

same

state

of

administration

as

errors

conditions

al-tafwid

the

decisions

that

ensured

The
wazir

in

assistance

the

two

C
umum

al-niyaba.
specifying
vizierate
the
conditions,

The
the

Caliph

This

was

because

from

help

and

vizier

of
in

ship

necessary
The

measures
or

official

be

in

first
to

obliged
he

the

so

has

that

he

his

frequent

supervision

his

personal

management

to

ratify

contrary

is

what
to

the

common

It
fact

that

the

correct

is

obvious

Imam,

1.

Ibid.

p. 24

2.

Ibid.

p. 24

'was

has

Imam

the

as

the

concerns
the

of
of

good

of

that
powerless,

180

he

Imam

the

check

and
of

his

could

"I was
in

the

not

absolute
in
and

vizier
in

actions

al-Mdwardi

executed,

consists

community.

and

has
he

that

administration

to

he

where

exercising

actions

state
and

vizier,
administrative

so
in

were

monopolize

not

affairs

made,

partner-

conditions

the

either

the

absolute

an

all

him
of

concept

would

Imam with

the

of

with

Two

concerned

appointments

duty

constitute

vizier

derived

share

The

the

the

second

main

vizier.

out,

The

the

the

condition

category

administration.

and

not

carried

same

authority.

of

support

in

vizierate

did
part

al-tafwid

the

Caliph

the

administration.

the

on

of
for

administration

power.
is

concept

support

state

authority
deemed

the

and

wazir

a partnership

on

consultation,

to

was

burden

based

was

between

relationship

which

order
are

2
aware
event

of
that

the
he

(the

Imam)

such

an

were

Therefore,

power.

was

necessary
such

so

It

various.

because

appoint

to

an

out

carry

to

further

to

charge

he made

well

as

as

words,

the

wazir

things

that

the.

first

ahd).

the
did

was
The

enjoy

Al-Mawardl,
115-120.

act

of

existence

to

the

designation
was

release
this

of

that

him

from

the

al-Ahkam,

pp. 24-25

181

so.

do

to
for

and

of

the

alto

right

was

other

things.

while

cf.

In

(wilayat

the

third

which

all

three

Imamate,

to

was

He had

a successor

The

privilege.

do

to

Imam had

the

He also

decisions

of

allowed
except

and

appoint

place.

someone

do

could

He

vizier.

war,

vizier)

was

could

the

execution

appoint

do,

governing.

and

holy

(the

his
of

for

of

him-

by

rule

Imam could

the

as

instead
the

to

and

many

were

wazir

injustice

duty

take

Imam

the

the

requirement

al-tafwid

second

Umma to
not

of

conditions

al-tafwid

just

personally,

someone
take

for

the

his

exercise

appoint

The

two

possible

wazir

governors,

investigate
to

of

permissible

fulfilled

he

deputy
was

the

prevent

functions

was

to

and

could

to

as

devoid

be

these

stipulating

monopolize

could
then

with

a situation.
The

self

vizier

Imam would

The

power.

any

the

power,

delegation

of

a vizier

appoint

authoritative

administrative

of

to

the

that

al-Wizara,

ask
vizier

the

Imam

pp.

had

the

vizier,
dismiss

right

to

dismiss

while

the

vizier

those

who
It

discharge

investiture.

type

of

wizara.

to

al-Mawardi
is

as

the
and

and

these

wazir

out
of

since

by

editors,

Jalal

authority

common

at

al-Daula
was

any

during

1.

Al-Mawardl,

al-Ahkim,

2.

Al-Mawardl,

al-Wizara,

he

chose

Buyid's

25
pp. 121-25.

182

know

t he

be

might

book

in
of

to

called

himself

to
reign

allow
do
in

so.

which

al-Wizara

dedicated

to

al-

why

attention

no

answer

who

sufficient

time
the

it

the

his

second

circumstances

works,
the

the
to

The

the

ignored

to

accorded

political

for
of

al-Mawardi

interesting

issue

al-Wizara,

reasons

immediately
be

of

Kitab

discussion

the

would

Caliph.

the

the

to

right

suitable

al-Ahkam,
moved

nature

the

in

al-Sultaniyya.

a, wazir
was

the

followed

this

pointed

whose

discharge
matter

the

by
that

of

Kit-ab

It

wrote

Makula,
king

have

interesting

and

al-Ahkam

related

was,

In

' ignored

Kitib

were

wazir

completely,

M,iwardl:
in

the

of

did

appointed

discussion

al-Mawardi's

issue

is

was

not

by

appointed

whoever

Ibn

him
This

a
to

Baghdad.

the

discussed

was

the

the

to
the

of

rule

anyone

to

al-tafwld

vizier

emirate

by

of

in

seizure.

without
this

nature

Both

the
at

fact,

administrative

was

the

same

as

office

during
authority
the

that-of

expected

to

have

functions.

the

same

1.

From the beginning

the
of the Buyid
reign
in Baghdad,
c
into
the hands
vizierate
of Mu izz
al-Daula,
passed
he liked.
Through
time,
who could
choose
whomever
the wizara
of
under
control
came to be completely
favourites.
Amirs
The
the Buyid
or of their
either
The
threat
viziers
of dismissal.
constant
were under
in the hands
were merely
of the
viziers
puppets
Buyids
dismiss
the same vizier
who could
and appoint
to
times
several
or even appoint
people
unreliable
For more details
this
office.
see Ibn al-Athir,
339;
Miskawayh,
Tajarib,
5
8,
al-Kamil,
p.
v.
v.
passim.

2.

Al-Mawardi,
this-type
Tadhi r"
-

requirements

and

could

practise

p. 65.
al-Wizara,
as
of the vizierate

183

the

no

which

time

any

the

were

for

the

matter

of

persons

Kit-ab

and he had

In

office.

al-Ahkam

In

customary

a vizier

in

Sultan

right.

became

existed

Kitab

delegation
2

this

It

Sultan

as the

office,

exercising

never

The

reign.

the

al-Mawardi
the

which

different.

to

discussed

Buyid
the

case

appoint

al-Mawardi
the

of

is

Caliph

wazir

under

vizier

that

natural

from

capable

c Abbasid

right
of

his

completely

al-Ahkam,

was

circumstances

dismiss

could

it

Therefore,

same

Where al-Mawardi
defined
Cala"al-Istiylal

under

Mawardi

was aware

Amir

the

BUyids,

issue

as usual,

of

classified

because
the

the
case

the

will

of

the

authority,
the
of

of

wazir.

the

of

only

affairs

or

to

to

Imam.

Imam,

however,

if

2.

Ibid.,

cit.

loc.

He had

neither

consult

him

more
consulted

p. 21

184

could

not

of

legal

types
Imam,

the

and

a vizier,
appointee

affairs

according

not

four

The

different

he was

al-Ahkim,

by

it

the
to

entitled
about

also
as

was

according

to

capacity,

nor

his

about

it

that

was

because
the

the

the

al-tanfidh

al-tafwid.

then

Al-Mawardi,

to

technically

not

he was

1.

relating

of

i. e.

ignore

to

al-

dismiss

force,

point.

issued

administer

state,
But

was
wazir

to

any

were

execute

the

by

power),

that

to

another

wizarat

legal

that

appointee

assigned

Should

point

according

( wilayat)

powers

in

(a

inability

With

these

clear

he preferred

important

execution

discuss

is

authority

and considered

a wilaya,

not

It

the

offices.

to

pointless

Caliph's

the

but,

vizierate

be

of

seize

The

their

of

circumstances.

who might

completely

title

seems

such

matters

the

the

it

a situation,

such

was

in

lay

difference

The

own

opinions.

different
to

the

these

title
affairs

it

then

intermediary

and at

of

vizierate
who
or

held

muluk
did-

It

seems

of

honour

execution
by

majority
tafwid

wuzara'

while

that
and

1.

Al-Mawardi,

2.

Ibid.,

3.

Ibid.

p. 25

4.

Ibid.,

pp.

5.

Al-Mawardi,

the

the

term

the

the

around

al-Ahkam,

The

same

Tuhfat

the

term

the

p. 26

83-85
p. 138

185

wazir
simply
position

subjects

opinion

in

For

rulers

what

this

were
kings

reasons
context?
an

create
of

he wrote

of. Persian

to

-y

Islamic

Muslim

in

was

al-Wuzara

when

tanfidh.

pp. 26-27

al-Wizara,

Imam's

viziers

used

was

the

common

of

viziers
of

out

work

not

(safir
his

himself

wuzaral

use

respect

was

most

were

al-Mawardi

his

al-Mawardi

of

c5
, ajam

al-

in

person

and

carry

affairs.
I

the

that

Sultan

the

the

with

intermediary

an

as

to

was

Calibi,

stated

al-Ahkam.,

or

different

of

as
the

that

duty

al-Tha

vizierate

history,

then

His

by

Imam

al-Wizara,

dealing

section

K.

al-Maward-I

Kitab

works,

acted

the

concerning

also

or

office

between

governors.

orders

The

this

wasit),

in

an

Nevertheless,

I
the

of

he be called

his

of

execution

occupied

and

both

in

beginning

the

an envoy.

or

clearly

stated

that

suitable

was more

the

aura

secretary

to

This

Caliph.

the

as

a wazir

As

the

it

could

by

was

be

concluded

caliphal

declaration

an oral

authorization

Neither

freedom

because

he

to

power

to

this

a mediator,

seven

conditions,

of

and

vizier

needed
which

an

only
by

wilaya
a

required
Imam.

the
by

to

authority

wield

period.

and

required

from

eighth

the

appointee
or

logical

deductions

to

the

be

1.

Al-Mawardi,
pp. 83-84

2.

Al-M-awardl",

to

as

was

formulate

to

opposed
here

was

condition

of

religion

appointed

to

this

al-Ahkam,

p. 26

al-Abh5m,

p. 27,

wisdom

186

being

If
he

and

opinions

and

by

required

did

(al-diyana)

cf.

al-Tha

religion.
not

regarding
was

c-

and

from

resulted

It

then

experience

al-Mawardi

office.

a good

passions.

qualities

that

truthful-

deliberations,

correct

these

of

his

only

people,

with

following

which

All

element
the

stipulate

him

honesty,

were

in

had

al-tanfidh

disposition

participate

quality

lead

important

to

wazir

which

refraining
were

would

was

right

the

a good

management.

who

the

greed,

proper

The

have

or

a contract
It

was

the

on
power

al-idhn)

knowledge

As

lack

memory,

without

(mujarrad

not

a legal

not

to

referred

writings

investiture.

of

nor

generally

rule.

fulfil

ness.,

not

historian

al-tanfidh

therefore

did

is

Islamic

the

wizarat

figure

alibi,

therefore

Tuhfa

that

natural

of

people

al-tanfidh,

wizarat

Islam

gave

adopted
Kremer

al-Mawardi's

who

It

it.
by

in
there

addition,
4

It

the

placing

"a

liberal

Imam

regarded

the

religion

which

praised

sentiment
fiercely

al-Haramayn

al-Mawardi's

the

a vizier.

view

was

however,

was,

such

this

view

for

eligible
and

the

of

by

Von

in

attacked

by

Abu

cali

as

view

was

al-Ma

an unforgive-

mistake.

basis

for

(the

office

a wilaya
in

The
as

the
not

attribute

it
It

were

basis

dh-immis

the
for

was

contemporary,

al-Juwayni,

legal

it

alone.

work"

able

they

described

who

juristic

while

legal

no

himself

by

eligible

a necessary

was

Al-Mawardi

were

because

al-tafwid

wizarat
of

Book)

the

that

stated

al-Mawardi

might

is

that

certain

either
are
be

Qur'an

the

that

in

Christians

of

Al-Mawardi,

al-Wizara,

2.

A Contribution
Eng.
Trans.

to
p-251

3.

Ghiyath

al-Umam,

4.

Verses,

11,118;

the
Ms.

his

time.
was

offices

state

1.

verses

al-Mawardi's

situation

political

or

many Qur'anic

said

in

had

view

al-Mawardils

the

Sunna.
are

which
view

was

The

custom

introduced

no

In
against
influenced
of
by

p. 116
History
fol.

of

Islamic

8b.

111,144

and

187

IV,

51.

Civilization,

the

Buyid

prince

appointed
-1c
wazir.

Adud

engaged

the

revenues
2

c Iraq.

The

was

Baghdad,

especially

However,

al-Mawardi's

eligibility

for

He would
Accordingly,

of

the

wilaya,

1.

A.

3.

common

during

the

during

the

was

Mez,

rule

The

last

nor

of

nature

of

choose

Renaissance
cit.,

al-Wizara,

to

p. 251

this

188

this

rule.

type

office.
his

on

own.

from

In

the

case
a

which

was

and

therefore

it

and

Kabir,

and

1937, p. 95.

Trans.
2R.

al-Ahkim,

was
from

delegation

Eng.

not
3

however,

of

of

was

this

office.

Islam,

116
p.

their

a non-Muslim

vizier

of

in

a mere

appointments

a requirement
the

al-Daula's

religion

a wilaya,

delegation,

was

op.

the

prevent

of

non-Muslim
was

make

districts

of

phase

appointed

collecting

rule

al-tanfidh

not

would

of

to

Kremer,

Al-Mawardi,

on

Buyid

regarding

wizarat

responsibility

religion

permissible

V.

Adud

a person

vizierate

not

2.

because

nothing
the.

of

made

it

neither

charge

various

based

for

a requirement

in

One of

revenue.

the

the

Since

vizierate.

state

Ha-ru-n as a
assistants

as

opinion

deduction

juristic

holding

not

ibn

well

as

argument'was

innovation

of

who was

Ahwaz.,

of

Nasr

who

had Christian

ion

Bishr

ibn

Mansur

also

administrat.

Sahl
was

them

Ibn

al-Daula

the

(367-372/978-983).

al-Daula

Christian

the

in

Adud

cit.,
p. 27

p. 33

(ahl

them

among

al-dhimma

Women,
to

hold

the

statement

to

related

Hadith
provided
0
vizierate
necessitated
of

were

unable

for

resolution

women

to
to

vizierate
wazir
the
of
right

conditions

in

four.

al-tafwid

to

71

wazir
such
to

did

al-tanfidh
functions.
appoint

it

to

and

have

not

Secondly,
local

the

agents,

al-Mawardi,
not

these
was

look
the

3
types

of
for

the

complaints,

while

to

charge

right

al-tafw1d

the

firmwomen

permissible

wazir

of

permissible

two

into

while

office
and

affairs.

it

prosper".

judgement

was

between
Firstly,

rule

the

different

differences
4

because

to

This

"People

never

according

right

execution.

will

of

Further,

acquire.

no

I
Hadith:

a woman

justification

participate

were

to

which,

The

of

Prophetic

the

had

al-Mawardi,

vizierate

affairs

This

ness

the

of

their

entrust

who

to

according

office

was

.1

wazir

take

had

the

al-tanfidh

did

not.

1.

Al-Mawardi,

2.

in K. al-Wizara.
did
this
Al-Mawardi
point
not discuss
K.
justified
that
the
be
The reason
grounds
on
might
K.
literature,
book
al-AhkHm
while
of
is a
al-Wizara
it
to
therefore
is a juristic
was
necessary
and
work
further
through
it
briefly
any
going
without
mention
See al-Ahkim,
discussions.
p. 27

3.

Al-Mawardi,

4.

Ibid.,
cited

Thirdly,

the

wazir

al-Ahkam,

op.

cit.,

al-tafwid

could

administer

p. 27

p. 27
pp.

al-Wizara,
and cf.
differences.
six

189

136-137

where

al-Mawardi

financial

the

had

vizier

other

the

wars,

while

These

four

wazir

al-tanfidh

four

in

Firstly,

wizarat

al-tafwid,

Secondly,
but

not

of

but

for

not

administration

the

al-sharl
for

the
of

wizarat

condition

was

a)

for

but

the

the

type,

of

the

for

the

a condition

was

for

for

knowledge

Fourthly,

not

each

first

the

a condition

finance

and

by

al-tanfidh.

knowledge

second.

war

al-tafwid

required

wizarat

Thirdly,

in

result

a condition

type.

and the

al-tafwld

a necessary

was

authority.

jurisdiction,

the

wazir

and wage

this

conditions

for

not

second

wazir

of

was

the

armies
have

not

the

a Muslim

(ahkam

type,
the

but

the

revealed-law
first

field

freedom

be

to
for

did

concerning

vizier.

dispatch

between-the
the

the

while

Fourthly,

to

vizier

differences

spending,

authority.

authority

other

differences

public

such

no

had the

al-tafwld

of

affairs

al-

wizarat

tanfidh.
At

legalization
he

power
who

of

cancelled
issued

seize

by

power

Al-Mawardi)

the

emirate
role

the

Caliph
force.

al-Ahkam,

the

of

and
If

the

pave

by

190

for

way

This

seizure.

the
is

wazir

al-tafwid

replaced

it

with

to

happen

this

p-27

the

concerning

section
to

tried

the

by

the

of

end

al-Mawardi

vizierate,

as

the

were

as

apparent
a legal

those
the

had

Amirs
as

the

a wazir

himself

Al-Mawardi

implication

He tried

delegates

the

permissible

careful
had

his

them,

for

the

The

instituion

to

statement

in

ruler

of

the

main

with

"if

do

in

well

this

source

time,

to

province

of

Caliph

the

provinces
our

each

avoid

the

the

of

Caliph

to

nothing

as

the

as

way

Caliph

happens

as

al-tafw-l'd

to

those

then

it

is
a

appoint

wazir.

discussed

by

came

form

described
Neither

system.
a legal
adopted

by

the

the

c Abbasid

nature

The

first

of

the

the

first

1.

The

indication

2.

Al-Mawardi,

of
nor

other

was

thinkers,

systematic
governmental

Muslim

c Abbasid

varied
the

Caliph,

from
office

al-Saffah,

without

referred

al-Ahkam,

history

long

the

tohold

is

Islamic

which

vizierate

"minister"

the

was

gave

scholars
actually

never

Caliphs.

Throughout
the

in

the

division

this

Muslim

earlier

particularly

theory

it

as

vizierate

as

well

al-Mawardi

for

base

as

existence,
in

the

of

al-Mawardi

into

never

for

was

administration

of

control

same

the

make

He began

authority.

in

to

the

Caliph

the

that

wazir

appoint
in

al-tanfidh

had.

case.

to

right

p. 29

191

the

of
time
of

c Abba-sids,
to

time.

the

vizierate

was

Hafs

doubt

to

the

ibn

Buyids.

Salama

Abu

Sulayman

death,

al-Saffah

Salama

al-Khallal
1-

vizier.

who
Salama
from

away

office

was

people

were

wuzara'

the

during
who

the

vizierate
they

it

said,

was

All

The
these

of

without

were
had

the

Alids.

the

Barmak.

wuzaral

not

more

Al-Tha

the

be

tafwid
the

than

authority

most

C
alibi,

4.

al-Tiqtaqi,
168.
Ibid.
p.
y
Al-Jahshaiyari,

5.

Ibn

Tiqtaqi,

of

.
tafwid

c Abbasid

The

first

was

Yahiya

Caliph,

Harun
in

authority

absolute

with

the

and

vizierate

was
5

position.

Tuhfa,

al-Kuttab
cit.,

occupied
The

after

the

by

whoever

situation

Eng.

wa'
Arabic

192

Trans.

1-Wuzara),
ed.

p-202

147-50
pp.
p. 177

death

under

pp. 114-15

al-Fakhri,

op.

the

Ibn

the

Yahya

position

for

wazir

of

al-Mansur

of

al-Mansur's

administration

reigh

entrusted

reign

of

called

deteriorated

al-Malmum
pay

because
state

to

the

under

jurisdiction.

of

areas

The

3.

in

deserved

al-Rashid,

2.

ibn

prestige

rule

really

could

Khalid

vizierate

its

of

al-Barmaki

of

to

called

al-tanfidh.

authoritarian

all

because,

Abbasids

they

be

his

Abu

called

to

cc

hand,

other

After

one

first

killed

Certainly

much

who

another

was

to

the

supported

propaganda.

the

by

entitled

The
lost

their

was

the

occupied

specification.
on

who

appointed

Abu

turned

but,

in

financially

Abbasids

he

al-Khallal

the

Buyids

Abbasid

till

even

the

authority

who

could

position

vizierate

the

of

these

two

All

of

of

both

the

eligibility

were

of

without

historical

1.

of
by

the

revived
al-Mawardi,
Amir

the

or

have

as

duties

and

other

principles,

basis

from

the
from

the

two

of

between
c-

from

borrowed

hold

situation

differences

rules

to

the

distinction

the

also

resulted

execution,

a legal

His

been

dhimmis

the

to

the

of

al-Tha
the

of

viziers

i. e.

the

and

speculation

Qurlan,

the

of

position

alibi.

Sunna,

and

precedents.

to

Goitein,

avoid

vizier's

theory

related

and

could

However,
Mawardi

not

the

a delegation

of

change

Caliphate.

as well
of

time

al-Mawardils

administrative

types,

vizierate

could

334/945,

was

limited

was

practically

vizierate,

types

the

at

in

It

end.

a vizier

sununarize,
not

Bu-yids

Goitein

a vizierate.

CAbbasid

the

types

and

during

was

him

make

To

during

vizier

execution,
even

an

by

characterised

the

Even
the

either

of

to

came

of

was
of

later

a century

vizier

rise

vizierate

the

It

worse.

"with

said,

who
c

was

the

op. cit.,

it

difficult

rather

was

discussion

p. 390

193

of

the

subject

for

alof

the

vizierate
and

which

royal

was
1

ranks",

Islamic

theory

of

THE

3.

It
Muslim

the

subject

is

Caliph.
2

areas.

Ami'r r

With

full

Mawardi

spoke

general

c(-amma)

of

two

by

the

or

an

emirate

was

(imarat

part

the

of

that

al-Mawardi

two

ya

types

of

free

either
of

choice
which

They

was

The

emirate

the

Caliph

particular
al-

first

type
was

(_imarat
under

either

were

which

concluded

the

reality,

emirate.

an

by
in

political

(khassa).

special

issued

amma)
jurisdiction

of

the

al-Mawardi,

c-

a general

was

To

emirate.

a juristic

in

section

first

the

was

was

con-

istikfal)

compulsion

istilal

will

issued
post

EMIRATE

a complete
the

had

Since
free

a main

THE

power

It

cluded

certain

of

or

kinds.

OF

cognizance

of

functions

governmental

became

which

devoted

a legal

The

of

government.

seems
who

emirate

and

mother

THEORY

jurist
to

work

"the

of
and

in

enumerate

Ibn

the

imarat
Caliph,

supervised
Islamic

the
the

2.

Al-Mawardi,

3.

Ibid.,

was

op.

a mere

There

administrative

cit.,

al-Ahkam,

v. 2, p. 6
p. 21

30
p.

194

by

concluded

administrative

like

Caliph,

the

government.

Amir's

Khaldun,

al-istikfa'
it

by

was

is

functions

any

post

other

no need
as

the

official
to

detailed

by al-Mawardi.
functions
for
of

this

of

emirate

over

Amir

the

first

are

the

does

the

of

of

the

subject

and

which

happen

was

what

was

by

Amir

force.

governorship

and
3

administration.

1.

Ibid.,

2.

Al-Mawardi,

3.

Ibid.

has

are

in

by

This

Caliph

delegate

p. 33

195

of
then

would

a situation

pp. 30-32
al-Ahkam,

control

to

him

its

was

These

to

the

two
sphere

politics.
discussion

coercion.

The

Such

of

Amir

the

relevant

"emirate

full

of

rule.

the

took

authority

because

al-Mawardi's

called

and

condition

sphere

this

of

Amir's

to

the

for

Islam

the

more

the

element
he

vizierate

right

no

to

concluded

the

when

territory

new

the

con-

like

rule

conditions

necessary

however,

The

to

was

the

the

the

vizierate

emirate

right

implies

not

than

the

conditions,

However,

emirate

for

special
the

same as to

The conditions

those

as

for

those

emirate

administration,

the

therefore

as

is

emirate,

delegation.

have

not

affairs.

type

of

additional

knowledge

this

fact,

the

as

type,

two

in

same

far

same

religious

types

As

because

religious

the

'

plus

freedom

the

are

the

execution

were,

vizierate

emirate

delegation.

Amir

of

the

of

cerned,

of

They

by

of

seizure"

situation

would

certain
invest
government

common

from

in

hin,
and

the

"break-up
Hijri

Most

control

the

Samanid

the
which

was

dynasty

dilemma

a de

facto

and

Hitti,

"an

far-flung

domain

with

However,
emirate

from
by

l. egal

situation
fact,

seizure

to

refused

problem

and

accept

worked

legalize

could

point

not

to
only

Watt,

2.

A.

H.

Siddiql,

Caliphate

3.

A.

H.

Siddiql,

op.

4.

Ph.

Hitti,

History

of

view

to

how

was

pointed
of

the
to

of

196

of

theory

happening

Kingship,

1968,

in

toward
by

the

this

give

silence

Arabs,

such

problem

this

which

he

his

time,

at

P-99
1977,

cit.
the

out

intercommunication.

of

Thought,
and

situation

Al-Mawardi,

a new

Political

W. M.

the
the

as

was,

jurists'

what

also

was

Transoxiana

and

validity.

create

1.

Islamic

as

the

There

realized

means

and

Khurasan.

consequence

difficult

sanction

accepted

unavoidable

remained

in

state

fully

situation

a juristic

In

Caliphs

the

'

Tahirids

Persia

east

consequently

because

by Philip

own

Ghaznavids.

the

and

dynasties".
the

in

were

provinces

Saffarids.

north

c Abbasid

The

as

in

by

their

of

the

third

early

governors

instance,

by

the

provincial

their

then

ended

political

for

establishing

abolished

was

in

hereditary

establishing

in

succeeded

the

of

Baghdad,

of

east

Caliphate

1OCal-affairs

over
in

succeeded

It

the

of

century.

full

c Abbasid

331

ch. I

but

also

what

Al-Mawardi
before

writing

work

Tashil

al-Nazar,

his

then

delegated

be

Mawardi

discussed

relation

to

emirate,

the

and

the

from

Amir

rules

of

such

well

as

stances

or

full

while

the

Caliph

in

rules

religious
3

weakened.

Gibb,

1.

Cf'.

2.

Al-Mawardi,

3.

Al-Mawardi,

In

the

against

had
and
other

existed
be

to

al-Ahkam,

fol.

its

Theory

p. 33

197

as

conditions,
way

certain
to

from

...

to

irregularity

traditional

them

32b

enforcer
affairs

the

under

of

prohibition

fly

of

circum-

safeguard

being
main

al-Mawardi's

words,

"al-Mawardils
Tashil,

from

legalized

preserve

kind

government

transform

also,

its

the

admitted

admitted

they

therefore

and

H.

that

of

would
al-

this

became

and

however,

power

of

In

to

order

conduct,

al-Ahkam,

power

rightfulness

were

and

his

the

and good

because

the

and

but

detail

if

that

In

enjoyed

a situation

investiture.,

Imamate.

to

rules,

In

the

Al-Mawardi,

its

in

of

religion

imperfection

al--Sultaniyya.

legitimate

Caliph.

case

problem

on justice
be

the

theory

the

permission.

the

the

administration,

of

of

by

this

of

asserted

rule

would

him

to

al-Ahkam

his

governorship

past.
aware

al-Mawardi

base

to

were

the

fully

was
Kitab

even

usurper

in

had happened

p. 301

corrupted
object

to

was

principles,
deduction
sake

the

emirate

by

seizure

to

even

though

they

were

a mere

adapt

by

made

different

legalizing

of

throughout

rule

legal

the

Caliph

and

the

the

office

Prophethood
in

and
to

order

ever

sin

on

operation
that
Fourth
of

was

neither

and

to

in

basis

of

harmony

would

have

assure

rulings
be

rendered

had

legal
null

the

the

force

so

void

198

as

and

support

that

all

over
the

that
these

a re-sult

remove

negate
the

was

of

conclusion

what-

would

mutual

faith

Am"Ir

the

would

hand

upper

were

and

and

the

accordance

safeguard

Third

valid

in

which

and

to
of

that

was

Imam.

the

to

and

to

was

affairs

Imamate

religion

to

that

the

obedience,

resistance

the

of

Second,

religious

first

The

Amir)

more

were

a succession

required

both

the

as

the

of

it.

guardianships

religious

ment

from

Muslims

the

office
law

insubordination

of

Caliph.

the

Imamate

the

in

requirements

administration

revealed

for

basis

to

the

demonstrate

to

every

the

spring

rights

had

of

protect

the

what

with

These

for

power

the

on

obligatory

invested

than

this

under

insistence

were

theoretically

Amir

the

on

the

Caliphate.

which

Amir.

for

this

practised

al-Mawardi's

requirements
(who

maintain

Abbasid

juristic

He did

affairs

explains

conquering

binding

the
This

Ix/
seven

himself.

al-M-awardli-

Islamic

to

conform

the

coso
others.

contracts
their
would

of

judge-

loopholes
that

in

the

legal

the

seventh

to

was

religion,

as

revealed
rights

of

govern

the
the

free
to

and

qawanin

office

of

Umm.a as

well.

fulfilled

his

carried
The

them.
maintaining
God had

what

rules

full

power
the

of

of

a vizier

1.

Al-Mawardi,

2.

Ibid.

loc.

the

the

and

the

safeguarding

was

to

any

avoid

of

The

Amir

just

execution

p. 34

cit.

199

the

as

the

order
conflict

Caliph,

the

had
Caliph

by

emirate

possible

rights

also

necessary.

in

definite

was

execute

the

that

these

rendered
of

conditions

to

of

the

of

rules

account

usurper

the

of

the

and

authorisation

Umma.

al-Ahkam

rules

on

was

investiture

obedience

al-Mawardi

the

Imamate

the

the

his

Through

acquired

for

It

of

then

or

necessary

investiture

him.

appoint

in

which

al-shar

the

usurper

the

assure

rightfully

avoiding

stipulations,

were

receive

Amir

in

law,

choice,

with

deserved

described

the

whoever

Amir

to

was

were

1
These

If

sixth

assure

law

revealed

were

the

to

was

(hudud)

that

assure
scrupulous

was

prohibited.

that

to

applied

the

The

manner.

penalties

fully

and

out

to

according

a legal

in

fifth

The

contracts.

due

taxes

collected
that

their

of
the

the
religion
to

right
did.

However,

if

required

for

did

Amir

the
the

not

that

obedience

which

might

ensue

the

investment

emirate,

order

fulfil

be

received

between

him

conditions

was
that

and

any

Caliph

the

and

in

permissible
conflict
be

would

halted.
Although

.1

deviation
for

two

from

fulfilled
of

First

dispense

to
in

the

throwing

the

justifies

for

to
and

define
also

his
even

admitted

in

and

use

his

principles
also

that

shaken

if
his

it

book,

position
legal.

created

led
as

In

of

him

of

al-Ahk-am,

be

to

fear

the

disorder

of

than

rather

extreme
c Abbasid

the

that

to

legal

those

what

p. 34

200

actually

Caliphate,

happened

in
as

he

new principles

leader
these

enthusiasm

principles,

"invent"

a religious

reality.

Al-Ma-ward-1,

a state

all

from

addition,

regardless

had

Secondly,

al-Mawardi's

deviated

it

legitimize

to

permissible

which

conditions

position

desire

Baghdad

its

interests.

seems

the

into

of

private
It

interest

was
makes

conditions
choice.

it

necessity

free

of

public

all,
the

with

case

constituted

principles,

of

a relaxation

necessary

situation

legal

normal

reasons.

possible

this

to

make

these

new principles
happened

were
in

In

al-Mawardi's

institution

of

the

his

concern

primary

Mawardi

and

penalties
less

the

the

Islamic

the

Amir
him

for

whether

or

It

validation

fact

that

seem

to

this

However,

for

reason
practical

used

in

Islamic
It

perhaps

because

in

Caliph's

Kitab

that

was

in

al-Mawardils

did

not,
it

al-Ahkam.

was

the

of
long
of

however,

he

as

could

with
The
did

not

necessity.
this

view

preserve

of

some
its

when

undermined.

was

accepted
time

much

receive

and

before

Hanbal

201
I

al-

attention,

a juristic

in
ibn

conditions

nominal

a long

Imam Ahmad

law,

entrusted

Caliphate.

been

organized

be

the

its

of

Islamic

concerned

to

expediency

sake

was

caliphate

since

the

vain

maintaining

thought

not

was

of

trying

was

had
theory

in

the

regard-

necessary

practice

view

that

ruler

must

consent

through

the

of

the

law

al-

preserve

For

al-Mawardi

Islamic

political

Mawardi.

as

authority

However,

religious

by

out

and

The

authority

the

preservation

existence

The

that

fulfilled

to

was

the

al-Mawardi
the

of

main

and

possible

necessity,

object

The

governorship.

validation

it-is

Islamic

his

he

seems

undermine

the

see

not

of

of

carried

invested

emirate.

do nothing.

its

of

be

preservation

scholars

to

were

community
must

the

the

rules

nature

sharc.

Muslim

and

the

of

in

Community.

other

maintenance

was essential

the

was

itself

and

of

to

all

law

revealed

Imamate

the

within

principles

the

view

legalized

work

Imamate

the
to

dissolute.

or

to

applied

was

to
to

and
of

If

the

Caliph

ease

the

probability

the

Amir's

had

to

Muslim

the

institution

the

threat

declare

Caliph

in

Sunnite

but

rather

if

the

seat

state

the

of
and

then

the

at

declaration

so

no
the

for

much

of

was

Caliph

refused

to

The

of

Caliphas

a Sunnite

satisfy

would

allow

the

Sunnite

from

under

Buyids,
the

of

would
time

the

preservation
which

objections

without

resistance

the

existence

same

more

itself,

Caliphate

the

of

authority
the

is

usurper

conqueror.

spiritual
since

the

conflict

for

the

it

wilayat.

out,

Caliphate

of

state

majority
the

carried

the

the

of

of

he was

expediency

then

obedience,

investiture

of

invest

should

be

the

recognized

of

expected

whether

theory

Imamate,

types

destruction

of

the'-head

rule

unity,
of

the

though,

of

then

was

conquerer

the

the

other

receive

of

if

the

investiture

sake

And

concept

the

of

for

acceptable

simply

Muslim

every

and

Imamate

the

recognize

pious

force,

by

the
them

to

scholars.
However,
way
stood
the

the

against

And,

Qur'an.

Abu

Ya

la,

of

Imam who
if

al-Ahkam

the

by

emirate

a violation

another,

or

the

had

Caliph

legal
to

was

al-Sultaniyya,

202

be

was,

seizure
law,

because

obeyed
not

in

p. 20

by
it

according
a weak

one

to

position

the

question
issue

the

with

Mawardi,

or

in

would

and

consequently

his

abuse

to

as

arose

the

same

he

consider

have

of

Gibb
for

Amir

had

all

legalizing

the

involved

in

could
of

been

in

of

al-Mawardi's

the

"emirate

the

the

process

of

of

his

that

the

for

community

by

force

was

how

al-Mawardi
for

"force"
Only

into

On the

his

of

the

to

fulfil
of

203

"role
have

times.

basic

principle
in

re-emerges
he

has

view

of

hand,

other

of

This
may well

the

almost

people

being.
theory

be

to

by

the

over

thinking

doctrine

than

itself.

influence,

able

scholars

difficult

experiences

the

he

what

Sunnite

the

more

political

be

for

of

control

own

is

the

rule

government.

institution

of

his

necessity

seizure".

to

if

come

the

it

that

political

earlier
by

fact

seen

authority

whatever

Muslims

elaboration

because

the

seizure

through

by

that

His

by

al-Mawardils

acknowledged

the

which

of

view

influenced

Nonetheless,

him

a rebel,

justification

we have

a governing

force"

as

al-

of

ljmact?

years,

itself

establishing

a legal

emirate

his

imposed

who

Earlier
elaborated

by

usurper

against

aware

practical

those

of

was

find

to

"the

called

the

deal

power.

the
he

rebel,

he would

not

described

manner

fight

to

Al-Mawardi
considered

or

whether

unanimous
Imamate
its
emirate

is

necessary

Islamic
by

seizure

duties.

the

within
to

context
these

reconcile

The
by

stituted
was

always

the

right

duced

conflicting

who

Like

but

to

or

Adab

al-dunya

Sultanlyya.
method

In
of

rebels
Adab

subject

work

discussion.
as

al-dunya

1.

W. M.

2.

Al-Mawardi,
din,
p. 139

al-Ahkam,

3.

Al-Mawardi,

Nasihat

Watt,

The

how

and

formative....,
p. 17 and
al-Muluk,

204

He
depose

duties

of

the

by

the-. term

al-

them.
Nasihat

al-Ahkam

al-

al-

a different

used

he

book

means.

what

K.

in

people

though,

Al-

to

of

first

the

right

used

in

intro-

was

ways.

and

discussed

enemies

wall-din

the

al-Mawardi

In

state

which

the

rulers

commanding

different

out

and

unjust

of

a description
was

con-

c
Mu tazilites.

had

wa'l-din,

each

the

al-Mawardi

as

was

against

in

clarify

jurists,

which

the

people

not

law-breaker
The

Muluk,

did

by

carry

REBELLION

principle

subject

failed

Muslim

other

bughat

the

OF

wrong

theory

the

he

the
the

that

clearly

Imamate,

arms

under

with

views.

rebellion

carrying

political

dealt

ruler

of

forbidding

"to be an attempt

seems

CONCEPT

concept

discussed

into

stated

In

somewhat

anyone

and

Mawardi

the

Imamate

AL-MAWARDI'S

4.

the

the

of

of

he used

classified
3

felonies.
the

general

p. 231
Adab
fol.

al-dunya
77a

wa'l-

method

discussing

of

commanding

the

difference

between

al-Mul5k,

in

the

wrong

and

appointed

is

of

any

it

the

the

was

rule

the

Al-Mawardi,

2.

Ibid.,

3.

Al-Mawardi,

people.

principle
3
In
wrong.

which

1.

the

the

practised

ki

the

among

by

was

Adab,

not

101-103.
pp.
al-Ahkam

p. 240

205

ruler

whereas

the
pure

it
is

forbid

the

what

role

of

principle

wrong.

religious

Imam,

to

the

carry

By doing

so,

commanding

other

of

This
and

muhtasib,

of

as

distinguished

a personal

p. 101

the

the

and

the

to

certain

with

forbidding

of

Nasihat

and

al-Mawardi

duty

K.

under

connection

with

in

individual

right

ability

of
The

issue

Every
is

rebels,
the

rebellion

concerned

officially

forbidding
fard

context

and

the

general.
what

of

that

directed

with

command

right

became

religious

in

principle

wrong.

discussed

al-Ahkam,

concept
the

matters,

and

K.

is

was

deal

to

without

In

the

principle

muhtasib

the

and

commanding

was

to

within

ruler.

between

how

the

methods

advice

community

obligation

conditions
the

two

the

under

forbidding

al-Mawardi

concerned

is

the

al

concept

and

him

advised

Adab

under

right

al-Maward-l's

he

and

the

out

social
man who
the

the
the

right

the

principle

obligation

like

words,

prayer

and

by

performed
rules

of

or

the

the

discussed

treatment

moral

the

by

the

principle
the

rebels

section

principles
the

of

the

The

for

were

the

common

implied

that

the

as well

and

social

community

for

state

al-bughat

"wars

term

be

could

muhtasib.
or

of

This

legal

standards

fought

of

al-masalih.

violating

were

the

through

state

under

hurub

for

almsgiving,

sake

the

of

rebels
and

had

therefore

and

weal"

unity

of

be

to

the

community.
A close
the

governed

all

that

of'his

those

Muslims

their

allegiance

of

force

standing.
considered

The

who

the

(mutagha_llibin)
3

Al-Mawardi's
as

only

those

1.

Ibid.,
pp. 240-259.
by
diction
made
was
101 and 288-314.

2.

Al-Mawardi,

al-Ahkam,

3.

Al-Mawardi,

Nasihat,

the

dissenters
law

the

renounced
to

rules

just

Imam,

or

because

stipulation
who

renounce

which

rulers

followed

al-Mawardi

writings.

the

of

between

relationship

shows

rebels

examination

the
or
of

same

the

78a

fol.

206

were

for

the

a religious

that
their

the

in

rules

community

rebels
obedience

A full
translation
of
in-JRAS,
H. F. Amedroz
p. 55

the

al-bughat

whether
of

and

Hisba
1916,

and
sake
misunderbe
to

jurispp. 77-

Imam

just

the

thought

are

however,
his

turned

fighting

of

opinion

the
they

the

of

of

to

them

law

the

ca
Shi

of
who

adopted

1.

lbid.

2.

Al-Mawardl,

3.

Ibid.

their

all,

if

they
Imam,

the

and

reach

fought

not
as

regards

legal
were
c
Mu izz

and

meant

by

this

al-Ahkam,

It
type

p. 58

207

of

each

renounced
in

individuals

whom

they

be

of
and

is

should
justice

duties

obvious
of

innovations

al-Daula's

regulations

themselves

rules

rights

the

Those

clearly

punish,

the

their

penalties.

isolated

and

the

themselves

di-IL'ferent

scattered

were

from

regarding

nor

Al-

al-Ahkam

corrupt

neither

they

regulate

invention.

and

consideration

K.

which

and

view.

in

because

dissent

who

own

types

of

rules

community

could
And

the

of

in

point

those

four

territory,

alone

point

into

to

authorities

muta'awwil.

this

to

of

because

obedience

Islamic

Islamic

obedience

apply

fighting

al-baghli,

taken

a certain

as

ahl

First

them.

left

from

abandoned

were
be

to

the

Imam

or

an

doctrine

dissenters

their

political

the

attention

the

of
a new

had

from

rebels

Mawardi,

with

Islamic

misunderstanding

not

and

to

their

renounce

who

religious

forbids

he

when

people

a new

adds

dimension

should
as well

that

it
for

dissension,
of

the

was

Day

of

cAshp-r-a-1
innovation

of
for

called

cursing
Fatimids

the
many

ceremony.

This

happened

Sunnites

the

as

well

the

opinion
of

renouncement
Accordingly,
first

they
of

the

(ahl

to

This

case
lived

Baghdad

who

adopted

false
c-

of

--

to

return
reprimand

them

among

the

innovations

al-Jawzl,

Muntazam,

of

1.

Ibn

2.

Al-Mawardi,

third

al-Ahkam,

the

with

call

upon

them

The

a legal

Shi-C ite.
and

at

mourning

type

included

the

v. 8,

Passim.

p. 58

208

punishof

same
on

to

false

minority
the

to

Imam

their

their

as

people
clear

exhibited

the

if

make

path.

Sunnites,
such

The

of
Secondly,

exercising

to

applied

also

who

was

were

straight

or

riots

Imam.

and

those

Ashura'.

Day

the

Friday

as

implied

fighting.

beliefs

their

was

civil

also

Imam must

the

the

the

living

while

in

ca
Shi

case,

no

then

killing

without

this

who

the

Sunnite

required
belief

and

the

in

al-cadl),

and

right

ites,

which
their

them

beliefs,
ment.

Shi

falsehood

the

renounce
had

-C

degree

justice

to

a also

Politically

from

Sunnite

the

of

during

attitude

obedience

the

announced

them

this

Shi

name

Sh,-C ites.

the

-c

al-Hakim,

his

mentioned
especially

and

religiously,

against

the

and

the

The

Egypt,

of

ruler

times

to

addition

Companions.

the

C
a Shi ite,

between

in

and Yaum al-Ghadir

the

dissenters

time

detached

who

isolated
to

associate

they

of,

the

Imam,

nor

dissenters

al-Mawardi
baghl

the

the

of

view
attitude

if

Imam and
fought,

by

had

to

refused

If

Imam.
whose

then

all

to.

name

these

an Imam,

have

1.

Al-Mawardi,

2.

J.

3.

Al-Mawardi,

Mikhail,

they

collected
would

then

all

become

of

their

al-Ahkam,

p. 59

Op.

cit.,

p. 37,

al-Ahkam,

59

209

his

with

an

an

their

executed
But,

112.

if

were

the

be

to

Imam or

obedience

and

to

had

they

judgements

Note

al-Mawardi's

obedience

Imam as

legal.

to

realities.

had

taxes

of

demonstrating

regain
an

type

conformity

duties,

and

this

Mikhail

1-fiq_h,

their

they

installed

rebels

in

long

John

However,

political

whether

their

by

perhaps

their

dissension

stop

the

of

of

gave

fi'

renounced

fulfil

as

of

now more

their

fought

and

al-Hawi

for

dissenters

the

be

to

fighting

seizure,

regard

regardless
was

is

topic

emirate

which

Fourth,

This

this

on

position

their

fulfil

to

community.

refused

renouncing

mentioned

was

Kitab

the

of

unity

and

not

the

in

territory

duties

It

considered

permissible

and

refusing

their

Imam.

the

community

without

were

fulfilled
to

ensure

in

people,

still

obedience
that

the

Such

the

a certain

with
to

duties.
as

in

themselves

obedience

from

themselves

not.
to

the

leader,
judgements,
they

did

illegal.

not

It

seems
first

the

al-Mawardi

at

the

to

Fatimids

and

the

that

different

render

group

he

had

to
had

them

was

to

fight
at

surprise

considered

illegal

them

who

within

decision.
them
2

night.

face

in

conditioned

If

althe

under

made

was

a leader

without

was

and

rebels

eight

These

rebellion,
them

by

fighting

Muslims,

were

3
ways. -

on

attack

not

of

period

insisted

they

fight

to

appointed

a specific

face

to

As the

for

a distinction
was

Imams

two

a community.

leader

warn

of

Muslims

of

which

constituted

military

their

make
to

group

which

The

time

was

Therefore,

rebellious

dissenters

were

affairs

illegal.

rule

between

Imamate

whose

by

represented

who

the coexistence
when he refused
1
It was,
however,
difficult
time.

same

Mawardi

Fatimids

the

was

case,

by

and

it

that

were

as

follows:
The
kill.

aim

of

fighting-was

to

2.

The fighting
had to be face
retreated.
when the rebels

3.

The military
their
wounded

4.

The leader
should
taken
captive.

Ibid.

2.

Al-Mawardi,

3.

Al-Mawardi,

leader
of
fighters.
not

the

kill

rebellion

prevent
to

Caliph

face

and

had

should

the

rebels

and

Nasiha

not

not

who

to

kill

were

p-9
al-Ahkam,

p. 59

al-Ahkam.

pp. 60-61

210

fol,

78

to

cease

5.

The rebels'
should
not be taken
properties
women and children
and their
spoils
of war,
be
taken
as prisoners
of war.
must
not

6.

The military
dhimmi
or

7.

The leader
should
neither
the rebels
with
nor make
for
return
money.

8.

The leader
should
neither
use a catapult
houses,
the rebels,
their
against
nor burn
down their
date
cut
palms
and trees.

leader
a polytheist

The
that

was
realm

Islam

its

within

to

opposed

the

procedure

rulers

It

rebellion
mainly
to
to

in

of

how

to

defence

expose

its

defects

depose

the

Imam,

1.

Al-Maward-1,

2.

Ibid.,

3.

B. Lewis,
Revolution
Vatikiots,

the

of

in

which

be

lawfully

nor
for

to

was

obedience

to

the

Imam.

did

not

set

up

he

law

a theory

He did
the
was

his

work

subjects
in

his

service,

p. 60

of
concept
East,
Middle

211

revolution",
P.
by
ed.

was

the

p. 17
"Islamic
in the
p. 33

of

intend

not

in
J.

"a

the

against

elaborate

Caliphate.

al-Mawardi

al-Ahkam,

seized.

considering

give

the

within

that

to

conditions

al-Mawardi

the

enforce

nor

everything

jurists,

failure

unusual

not

these

of

jurists,

those

a truce
them in

Muslims

undisputed

Al-Mawardi's
is

not

Muslim

of

for

all

al-Islam,

most

most

legal

between

could

claim

like

However,

was

boundaries
Unlike

formulate
peace
with

for

Dar

or

not use a
the rebels.

war should
in fighting

reason

fighting

the

of

main

of

as

right

and

did

not

in

the

even
it

theory

of

general.

Gibb,

the

wish

in

Islamic

but

for

all

Sunni

Theory....

212

depose

legal

a dilemma,

not

with

political

"al-MawardlIs

thought.

to

right

",

p. 300

the

against

the

them
is

work

addition,

political

the

people

it

In

to

not

supporting
Certainly,

him.

alone,

did

power

affairs.

personal

revolution
gives

which

deposing

Mawardi

1.

of

Imam without

unjust

his

administrative

or

political

any

al-Miwardil

theory

general

of

realm

that

seems

The

have

thought

an

means
for
in

al-

CONCLUSION

The
be

Ahkam

al-Sultan_iyya.

works

are

the
in

expressed
has

Kitab

a particular

but

by

enced

and

Imamate,

this

and
work

in

the

which
be

It

harmoniously.

together

could

authority

time;

he

competent
power.

the

authority
Al-Mawardi

on
influ-

much
thought.

to

attempt

an

the

a picture

earlier

works,

man was

essentially

was

three
will

to

make

existence

people

al-Maward'i's
for

itself

live
view

that

any

length

stages

of

it

emerge

as

a result

emphasised

213

evil.

an ordered

given

maintain

not

describes

fact,

religion

on
based

a view

Greek

in

is,

force

of

operation

based

of

nature

view.

only

could

the

and

nature,

perhaps

he

which

institution,

al-Mawardi's

society

society

through

a new

as

properly

Al-Mawardl

a view

not

al-

earlier

we can

ideas

philosophical

other

his

when

society

described

greatest

with

of

emerged

another

man,
is

be

Kitab

i. e.

that
the

cannot

al-Sultaniyya.

culture

In

such

only

a religio-governmental

reconcile

Thus

of

a more

Persian

final

His

is

of

view

could
of

reflections

it

al-Mawardi

book,

consideration

view

it

rather

one

al-Ahkam

This

of

of

significance

government.

of

For
into

taken

understand

basis

the

on

considered

thought

political

the

need

and

for

how
of
the

to

ruler

govern
that

society
Injustice
the

individual

the

would

These

as based

Mawardi

has

authority
Thus,

at

It

was

Mawardi

to

Islamic

society.

in
(as

also

account

of

Although
is
tion

he

necessary
is

revealed
is

in

that

K.

by

by

in
c

shar

he

for

showing

that

law

could

society,
However,

214

function

al-Sultaniyya
takes

to
and

Imamate.

the

of

that

states

validity

within

al-Mawardi

state

alto

applicable

wall-Din)

does

earlier

works,

institution

c,

the

earlier

Kita; b al-Ahkam

law

was

authority.

In

gives

which

Imamate,

the

for

Islamic

al-Dunya

shar

he believed

framework

by

this

categorically

never

political

that

in

society,

Islamic

the

Islamic

necessary

Adab

al-

c( aq.1).

reason

framework

of

He did

manner.

Islamic

sense

which

described

these

kind

this

governed

a proper

in

to

in

this

i. e.

is

in

even

make

In

be assumed

non-Islamic

necessary,

about

reason.

what

basically

a properly

(Caq. 1),

could

to

bring

described

authority,

according

is

be

according

political

a just

properly.

thus

a framework

it

in

only

function
and

can

on reason

However,
works

was

ruler.

theories

level

one

necessary

the

of

necessary

Islamic

that

discord

constructed

is

it

could

provoke

decline

eventual

terms

because

justly

that
the

this

constitu-

operation

thus,

even

Imamate

the

here

by
he

of

implication,
seems

to

indicate
kind

that
of

the

being
law

In

this

a concept

of

to

able

public

context

unlikely

this

are

c but
shar

the

operation

of

Yet

he

has

not

this

of

such

of

the

Imamate
by

do

to

Nonetheless,
in

al-Mawardi

that

necessary
in

tained

context

this,

he

which

it

do.

Once

the

the

down.
decessors

institution

detailing

for

stood
been

have

would

Al-Mawardili
in

they

was
its

followed
all

may be

up

be maina

given

in
the

In
Islam.
of

validation

a major

break

with

that

time,

some-

at

for

impossible
as

accepted

had

his

scholar-jurist

these

conditions.

by

was

law.

maintenance

215

act

it

that

Imamate

the

for

been

by

taken

long-established

have

of

function.

could

Islamic

operate

been

have

necessary

was

unnecessary

as

conditions

not

society

views

would

principles

thing

to

which

Imamate

practice

Islamic

Islamic

the

implications

position

of

far

a governmental

law

main

institution

echoing

the

i. e.

Islamic

in

and
would

fact

al-Sultaniyya

that
in

was

To declare

then

the

order

valid

Islamic

al-Ahkam

in

the

the

moved

it
The

that

authority

a position

so.

was

reason

order

governmental

al-Ahkam,

among

moving

to

him

in

necessary

law

validity

for

rather

perhaps,

some

Islamic

writing

that

Islamic

of
is

give

any

statement
the

of

very

was

give

he

way,

can

rebels

operation

a society.

within
any

the

to

validity

towards

in

an

rebels.

by

Imam elected

him

to

necessary,
to

be

laid

preHowever,

he

clearly

recognised
for

necessary
really

Imams,

Prophet,

the
and

action

only

of

that

and
but

was

actions

Sulaymiin

al-Ahkam,
some

effort

necessary
own

theory
not

seizure

position

of

many

describes

earlier

other

he was

the

Caliphs,

216

ideal
such

was

as

making

al-Maward'i

felt

conception

with

Thus
actual
it

by

writing

who

Islamic

ideal

an

al-Rashlid.

history.

political

only

those

Haru-n

this

the

actually

Caliphs

power,

and

not

later

caliphal

consensus

untarnished

this

a Caliph,

for

reconcile
of

he did
lacked

though

even

restore

to

and

al-Malik

al-Sultaniyya

seemed

support

by

the

of

for

He stated

out

with

qualifications

Yet

to

ways

the

necessary

had

had

practice
and

Quraysh

of

prepared

c Abd

to

as

conditions.

carried

b.

the

all

Imams

these

the

Imamate

be maintained,

previous

Companions

Imams

However,

of

never

the

provide

history.

previous

qualification
practice

which

described

membership
of

from
the

that

society

to

Of
I
he

progress

maintain

by

ways,
attempted

which

Imamate,

his

had

that

theory

Islamic

generations.

conditions

citing

the

justification

the

later

the

for
for

all

juridical

some

it

ideals

were

order

validation

accepted

become

by

although

attained.

provided

of

details,

such

inclusion,

In

he

that

also

the

nature
agrees

emirate
of

the

with

his

of

the

were

capable

of

well

have

view

cause

of

based

on

history

as

well

of
of

force

belief

in

the

in

his

This

do

this

addressing

handbook

of

is.

which

the

task

he

language

the

Caliph,
of

great

even

though

makes

such

addressing
idea
work
being
the

of

the

written
conflicts

he

deposition

al-Ahkam
by
and

on their

in
tried

to

to

Bu-yid

countenance

he

puts

any

more

his

principles,

al-Mawardi

in

rebellion,
these

works
when
to

amenable
Imam.

unjust

shows

al, -Milwardili,

217

Islamic

However,

elderly

of

with

masters,

forward

turmoils

duties

him

any

al-Sultaniyya
an

his

of

al-Sultaniyya.

to

of

When

presenting

much

them

persuade

aware

al-Ahkam

is

works.

understand.

him

his

that

Islamic

his

all

inevitable.

a rebellion

felt

al-Mawardi

by

addressing

the

of

Imamate.

would

of

part

Imam,

Islamic

according

theory

the

his

he made

reluctance
the

for

he

administration
major

theory

rulers

government

the

immediate

his

and

may

of

between

performed

they

view

who

a theoretical

provides

the

Budyids,

in

When
shows

own more

religion,

advise

the

duties

the

and

his

the

of

to

addressing

This

observations

government

forces

strong

own

it

a man of

task

duties.

to

as

necessity
As

When

his

a reconciliation

nature

of

society.

Nonetheless

framework

was

government

controlling

been

experience.

it

to

rise

society.

Yet,

the
this

indications

of

is

of

who

tired
In

his

ethical
the
In

to

to

people
his

latest

is

who

Adab

work

avoid

conflict

insofar

work,

he

this

seeking

seek

is

too

impact

an

practical

or

no

regard

to

duties

tried

to

the

Imamate

Islamic
that

Imamate

of

Islamic

for

the

far

as

possible
This

any

real

of

conditions.

political

reality

might

office

was

Islamic

government

to
his
and

give
final

he

himself,

did

been

work
not

218

to

one

occasion

the

operation

the

qualification

given
aware

to
to

the
allow

Islamic

for

a Caliph

desert

him.

the

whatever
of

willing

validation

who

fictions,

contribute

to
this,

have

a thinker

than

stating

He,

political

to

with

considered

political

on more

the

be

was

validation
In

Imamate

the

of

positive

provided

possessed

may

these

He states

maintenance

power

possible.

a Caliph

to

centuries

Al-Mawardi

practice.

regaining

was

have

to

qualifications

something

Imamate

he wrote

advised

conflict.

theories

despite

that,

However,

it

as

avoid

for

such

and

had

as
advice

content

had

fiction.

show

had

politics.

society.
the

in

powerjas

a practical

to

and

religious

The

he

He encourages

reconciliation

advice

as

gives

power.

little

wa'L-Din,

al-Dunya

who

any
practice.
was

APPENDIX

APPENDIX

During
Baghdad,
of

first

Abu

Ya

is
la

ibn

Mawardi

was

where

he

Yacla

became
death

Aqda

of

Both

the

same

traditions
in

ors

most

and

of

1.

Yaqut,

2.

Ibn

use

of

support

Hadiths

the

Irshad,
Kathilr,

the

of

Al-

from

from

his

own
of
to

the

Abu

whereas

447/1055,

after

book

Islamic

various

Hanbalite

Imam Ahmad

408.
p.
Bidi-ya,
v. 12,
v. 5,

220

p.

and
c-

Ya la

school,
ibn

cites

and

Companions
Abu

with

of

schools

doctrine)

school.

deal

and

al-Mawardils

the

sentences,

same

chapters,

Hanbalite

the

in

Baghdad

at

1 group

the

almost
for

reports

transmissions

ruling

Makula.

views
from

jurists

However,

legal
(apart

thought

of

texts

subject.

different

Harim

the

is

second

Both

429/1037,

in

al-Qudat

classification

paragraphs,

jurists.
the

and

reign

Shafi

the

of

ibn

Qadi

(ordinances

religious

-C.

in

rule

(422-467/1031-1073).

Qadi

the

two

the

under

leader

became

by

(d. 458/1065).

al-Qa'im

the

Buyid

the

of

al-Mawardi

ofQadi

AL-SULTINIYYA

al-Sultaniyya

produced

al-Hassan

post

AL-AHKIM

phase

al-Ahkam

al-Farral

Caliph

Abbasid

the

Abu

the

occupied

on

were

K.

last

the

books

two

government)

The

OF

AUTHORSKIP

AL-MAWARDI'S

Hanbal.

adds
success-

cites
relating

the

It
the

at

Qadi
It

is

it

known

the

to

one

There

is

the

or

c
AbU- Ya la-

a third

also

of

his

first,

book

nor
by

set

it

is

first.
it

enables

al-Ahkam

import-

to

assess
Islamic

al-Sultaniyya.

question

of

is

the

original

author,

holds

whether

that

there

the

French

both

authors

by

forward

which

necessary

to

the

Laoust,

when

The
us

to

put

is

the

shows

which

contribution

possibility,

Henri

orientalist

Kitib

posts

bi-amr-illah.

written
that

Baghdad

al-Qalim

Therefore,

is

addition

their

mentioned

was

in

were

examples

al-MHwardlils
in

thought
In

is

date

book

of

al-Mawardi-

the

chronology

originality

political

followed

written.

which

this

of

began

no

were

determine

ance

i. e.

one

which

which

authors

received

same caliph,

books

two

they

since

known

not

other.
the

time

same

from

seems

both

that

based

books

their

Laoust

Unfortunately,
has
to

come

to

light.

The
are
1.

H.

2.

See

favour
Laoust,
the

a third,
could

as

the

majority

of

it

no proof
seems

more

source.
and

none

worthwhile

problem.
of

eastern

and

originality.

al-MEwardi-Is

"Hanabila",
following

first

unknown,

yet

provide

Therefore
on

concentrate

in

on

E. I,

western
2

scholars
However,

references:

Variety
Unityand
"The Body Politics",
C. Cahen,
Civilization,
in Muslim
p. 151.
19.
theory
Nwardlls
(b)
Q. Khan,
p.
of state,
al-M.
(c)
H. Laoust,
op. cit.
'new
7'A
al-Sultaniyya",
(d) D. Little,
at al-Ahkam
outlook
1974,
World,
The Muslim
p. 7.
8.
1965,
p.
H, Ibrghlm,
(e)
al-Nu7,, um al-Islalmiyya,
Ab-d Ya'ld
al(f ) A. Muhammad,
al-Aljkgm
wa Kitab
Univ.,
Al-Azhar
D,
Ph.
thesis,
Sultaniyya,
unpub.
1974)
p. 471.
(a)

221

firm
no
these

has

evidence

two men's

it

and

views

The
al-Ahkam

422/1030

contact
he

accepted

1055

at

the

following

of

Thirdly,
that
one. day each
at Bab al-Zaj,
(nN)ib)
deputy

he

extinguishes
therefore
their
1.

not

to

Ya

c-

3.

H.

mediator

his

Qadi

life;

even
447/

in

al-Harim
it

accepted

with

'

stipulations:

should
not be expected
or to meet
processions
by the Caliph.
received

la

be excused
person.

"looking

brightness
have

these

stipulated

that,

of

any

This

The introduction
AbU Yaclg-,
edited
As

the

to take
the

from

be allowed
he should
to spend
and another
month
at Nahr al-Mucalla
his
during
a
absence
nominating
2
at the Harl: m.

entourage.

2.

and

in

role

of

he

he should
in
palace

believe
the

of

political

c
Abu- Ya 1-a avoided

most

office

in

al-Maward-l's

contrast,

sixty-seven,

that
the

Abu

the

examine

a diplomatic

as

Amirs

and

he
that
official
people

Secondly,
attending

because

In

the

of

time

reservations

Firstly,
in
part
important

substantiate

discussions

a prominent

his

of

age

to

al-Maward-l's

played

rulers

when

the

of

onward.

with

to

appropriate

relationship

he

affairs

political
from

nature

for

forward

put

some detail.

the

shows

activities,

seems

in

work

been

faith

the

of K. al-Ahkam
by H. al-Fiqii,

translated

by

H.

al-Fiqii,

op. cit.,

Laous-IL-,
17.
p.

222

I,

"Ibn

(rulers)

unjust
It

.3

with

relation

raises

the

at

simply

conditions

the

question

was

better
and

rulers
of

Abu

al-Sultanlyya
14.
p.

of

al-Farray",

E. I.

c
Ya la's

to

exclusively
It
Kitab

of

reliability

seems

was

Mawardi

was

at

version

was

the

al-Mawardi

the

last

years

Mawardi

to

available

there

in

claim
public

with

the

governmental

with

the

state

version

447/1055,

it

is

his

introduction

law

which

for

al-

no book

provide

the

directly

in

was

that

Al-Mawardi

affairs.

of
out

it

that

impossible

principles

c
Ya la-'s

Abu

book

the

copy

could

al-

likelihood

Assuming

date,

of

for
If

little

is
to

life.

his

of

al-Sultanlyya.

eighty-three.

bothering

that

on

of

original

aged

before

age

al-Ahkam

before

devoted

work

al-Mawardi-i's

written

the

the

written

that

probable

in

as

government

al-Ahkam

a juristic

writing

was

ruler

concerned

said,

have a
I'Si nce the ordinances
of government
to the rulers,
special
concern
and since
kinds
they
are mixed
other
of ordinwith
debar
from making
those
rulers
ances
which
of their
a thorough
study
of them because
and administrawith
politics
preoccupation
I have devoted
to
tion,
a book exclusively
"
this
subject.
This
version
such

were

claim

could
However,

between
content

would
in

available

treatises

the

two

and

the

be

not

be

kept

despite

the

books,

there

points

below

are
will

clear.

1.

Al-Ahkam

al-Sultaniyya,

to

addition

p. 3.

223

in

Abu

if

false

the

c-

Ya la's

fact

that

secret.

close
some
make

similarities
differences
these

in
differences

One:

Division
Al-Mawardils

chapters,

he

as

c-

is

divided

because

he

dealt

the

interest
main

in

chapter

entitled

and

hurub

ala

into

wilayat

twenty
Abd

whereas
This

chapters.

topics,

(jihad),

war

(al-wilaya

seventeen
four

with

divided

introduction,

the

into

holy

emirate,

is

version

says

Ya la's

book

the

of

i. e.

the

wars

in

is

vizierate,
the

al-masalih),

public

under

al-Imam,

one

Imam's

or

authorities.
Two:

Methods
From
his

that
of

book

thought

some
to

he

liked.

as

his

readily
state
most

1.

be

would

(except

adopting
choice

beginning,

the

divergent

several

Imam who

the

Al-Mawardi
aim

was

to

affairs,
suitable

make
to

available
in
to

the

order
them.

on
of

a comparative

different

Hanbalite).

these

and

could

adopt

chose

this

from

the

of

any

that
In

matter

one

they

on

contrast,

them

as

government
concerned

were

could

of

deliberately,

method

who

legal

of

He refrained

regulations
rulers

exposition

schools

left

views

the

declared

al-Mawardi

based

views
the

of

Study-

of

choose
Abu

what

with
was

C-

Ya la's

version

is
to
3.
It
Al-Ma-ward-1,
noteworthy
p.
al-Ahka-m,
Ijanbalite
for
the
the
that
excluding
reason
mention
between
be
to
the
traced
doctrine
contentions
might
time.
Hanbalites
that
the
ShNficites
the
at
and

224

based

was
much

mainly

to

attention

Three:

other

Number
It

about

schools

interesting

that

only
In

held

authors
Imamate,
Abu

restricts

and

states

that

(shar
other

hand,

it

is
c

from

his

he

compiled

an unnamed
book

is

Imamate,

an

1.

Abu

2.

Al-Mawardl,

3.

Ibid.

Ya

la,

(-aql).

K.

to

formed

al-Ahkam,
al-Ahkam,

revelation
on

the

of

to

c)

by

reason

or

the

Imamate,

as

whether

different

expose

introduction

al-Mawardi's

al-Ahkam

elaboration

doctrine,

from

3c

by

texts.

own view
(shar

subject,

clear

Hanbalite

nature

revelation
rather

both

of

Al-Mawardi,

his

expressing

caliph,

which

is

the

two

the

of

obligatory

obligatory

the

con! c,
-erning
It

to

the

concept

to

is

the

chapters

thought

He preferred

views

the

opening

reason

by

obligatory

aql).

that

by

Abu

while

differences,

on

Imamate

the

admits

refrains

the

his

not

these

ideas
in

expressed

cC1) and

to

different

cites

Hadiths.

eight-four
addition

cYa la

but

al-Maward-1
Hadiths,

cites

without

thought.

of

one-hundred-and-twenty-four

Ya la

doctrine,

Hadiths

of

is

Hanbalite

the

on

on

whereas
of

a chapter

19.

5.
p.

p-22

225

in

government
Abu

an

Ya la

earlier
in

his

obedience
that

states
work

book

on
entitled

the

al-Mu
in

fact

a treatise

Imamate
be

UsU-l

fl

tamad

considered

sects,

It

Khiirijites.
Abu
of

c
Ya la's
that

end
of

not
to
be

the

of

all

his

by

possessed

the

to

order

the

3.
4.

an

al-Ahkam

to

assess

elaboration

three

correct

Imamate)
This

:3

The

basis
an obligation

necessary

applies
must

which
al-ikhtlyar).

of

qualifications

(C ilm),

which

was

essential
being

those

worthy

of

and management,

which

could

of

recognition

of

choice

the

best

is

statement
same

(ahl

choice

of

the

at

says

qualifications

people

and judgement

J. Ibish,
195-234.
pp.
c
Abu Ya la,

c tamad.

al-Mu

he

we seem

obligatory

kifaya)".

knowledge

allow

Imam.

(the

necessary

the

(cadala),

enable

2.

K,

the

on

view

an Imam,

1.

of

the

is

"it

(fard

in

mentioned

be

an

the

and

here

when

concerning

that,

a few

by

justice

to

Islamic

Shi-C ites

being

version

al-Mawardi

paragraph

Imamate,

the

Ya la's

Abu

following

him

He stipulated

in

al-Ahkim

can

which

other

appropriate

the

on

chapter.

find

for

his

of

chapter

of

the

seem

would

claim

In
to

(rudud)

is

tamad

sections

c
Mu tazilites,

the

as

such

thirty-nine

refutations

as

al-Mu

The

theology.

into

divided

is

Kitab

al-Din.
on

qualified

person

Nusus
*'

al-Ahkam,

Ibish,

op. cit.,

Ibish,
P. 19.

Nusus,

al-Sivas-i

al-Fikr

al-Islami-,

1966,

p. 19.

195-99.
pp.
212-213;
pp.

and

226

Abu- Yacla-,

al-Ahkam,

last

The
in

are,

fact,

in

said
the

in

concept

contrast
C

Kitab

al-Mu
of

al-Ahkam,

as

al-Mawardi,

tamad

Ya

c-

la,

of

the

same
c-

to

what

Abu

fi

Usul

al-Din,

the

of

election

Abu

of

lines

three

using

Ya la

In

the

exactly

himself

concerning

Imam.

new

chapter

his

same

work

words

says:

"The person
in the province
who lives
where
the
Imam died
has no advantage
over
anyone
from
However,
the
else
another
province.
inhabitants
incumbent
of the province
of the
Imam can conclude
Imamate
the
to one of them
(curf)
in practice
by right,
because
not
...
they
first
the
are the
ones to know about
Imam's
death
for
the candidates
and because
the
Imam are to be found
"l
in his
province.
Whereas

cc-

Kitab

in

tamad,

al-Mu

Abu

Ya la

that,

states

Imam
"The people
the
of the province
where
have no right
died
to conclude
the contract
in
Imamate
the heads
of others
over
of the
is
in
This
contrast
other
view
provinces.
by others
is held
the opinion
and
which
with
the
the people
where
of the province
asserts
2
Imam died,
the right
the new Imam. "
of electing
It
even

before

Harim
had

in
to

Abu

change

his

hardly

of

la's

the

1.

c
AbU Ya lay

2.

Ibish,

view

of

out

the

op. cit.,

authors

qualifications

P. 19.

p. 213.

227

written
of

qadi

c-

Ya la

than
did

may
for

necessity,

further
two

was
the

as
Abu

palace.

necessary

op. cit.,

al-Mu

appointment

extended
that

evidence

numbers

Ya

Caliph's

the

authority
also

seems

K.

that

c tamad

the

to

agree
be

Caliph's
It

Baghdad.
not

have

well

upon

possessed

is

by

the

for

candidates

seven

qualifications,

It

necessary

is

be

qualified

1.

into

taken

Ya

two

texts

the

cite

Al-Mawardi
to

Abu

la

lists
in

lists
four.

only
to

order

differences.

these

clarify

while
to

Al-Mawardi

Imamate.

the

for

consideration

the

office

"seven

that,

said

those

regarding

of

the

conditions

Imamatet'.

are

persons
They

are:

1.

in
Justice
(al-cadRla

2.

(c ilm)
Knowledge
is conducive
to
which
the formulation
of independent
opinions
(ijtihid)
in disputes
and judgements.

3.

Soundness
in hearing,
to accord

4.

(salamat
body's
Soundness
the
organs
of
)
free
from
that
any defects,
al-acdN,
freedom
and
of movement
would
prevent
agility.

5.

(raly)
is
Judgement
which
and
of subjects
governing
welfare.
of general
matters

6.

Courage
territory
against

7.

Lineage,
Quraysh,
revelation
effect.

As translated
Civilization,

its
all
characteristics
al-jamica).

(salamat
the senses
al-hawass)
in a degree
sight
and speech,
functioning.
their
normal
with
of

and bravery
and wage
the enemy.
he must
because
(nass)

by J.
1971,

William.
85.
p.

228

so
the

as

to
conduce
administering
to

protect
(holy

be of the tribe
of the existence
and consensus

Themes

on

the

Muslim
war)

of
of
to this

Islamic

Ya

Abu
taken

into

c-

la

be

to

Imamil.

an

persons

were:

2.

He should
have the qualifications
QEdi,
freedom
(hurriya),
maturity
(caql),
learning
(cilm)
rationality
justice.

He should
candidates
knowledge.
In

the

contrast

(according

certain

that

ghalabahum

bi-. Salif

ledged

as

Contrary

1.

Abu

2.

Ibid.
Ibid.

a caliph
to

the

to

al-Mawardi,

of

justice,

to

Ya. la,

of

hata

sara
if

should

al-Ahkam,

he

not

be

p. 21.

20.
p.
)
_

229

the
all
and religious

c
AbU Ya laknowledge

Hanbal)

can

the

(wa

Caliphate
must

dissolute

deposed

disregarded

(fisq),

khalifa)
is

states

and

be

dissolution

statements,

al-MRward'lls

Caliph

usurper

even

Ibn
i. e.

circumstances,

furthermore,

of the
(bulffgh),
and

in leading
skilled
war and
in applying
legal
punishments
the Umma.
and in defending

be the
superior
of
(cilm)
in learning

qualifications

superiority

that

They

be

to

He should
be a pure
Quraysh,
i. e. of those
Ibn Badr
Ibn
of the progeny
of Quraysh
Nar Dalll
Bani
Kinana,
for
Abmad b. Vanbal
has said:
"There
is to be no non-Quraysh
Caliph".

4.

in

those

are

1.

He should
be
the government
without
pity,

that

conditions

regarding

consideration

qualified

"Four

said,

be

and
man
acknow-

(fajir).

c
Abu- Ya la- states
for

immorality.

Al-Mawardi
the

states

threat

which

of

Imam under

both

Mawardi
Abu
the

Ya

uses
cc

la

on

as used
the

the

other

by

be

of

they
1.

are:

3c
in

ca

al-ta

Senility,
to judge

3.

Blindness.

4.

Dumbness.

2.

Ibish,

3.

Al-Mawardi,

4.

Ibish,

incontinuity.
tamad,

However,
the
Abu

office

term
Ya la's

in
t Ic

his

adam

one
them

wall-khalc"

in

al-istidama".
was
of

under
K.

which
different

the
renders
matters.

Nusus,

Nusus,

17.
p.

p. 215.
al-Ahkam,

17-20.
pp.

216.
p.

230

of

version

opinion

unless

of

that

several
the

al-Mu

madness.

al-Ahkam,

uses

dissolving

or

Deafness.

Al-Mawardl,

ab-Mu

not

Al-

2.

1.

did

out.
or

Kitab

He discussed

Permanent

carried

wall-khal

adopts

kept

They

C11,

arose.
I'suqut

in

deposition

the

upon

al-istidama)

hand,

al-Mawardi.

circumstances

and

la

agree

be

to

adam

ca

al-ta

Ya

Imam must

section

by

state

deposition.

Abu

al-Ahkam,

is
(

term

and

obedience

not

circumstances.

this

the

I'suqut

term

authors

specific

how

though

suggest

does

under

means.

the

he

Caliph

the

puts

though

deposition,

However,
of

immorality

that

Imam unfit

c tamad,

Inability

7.

Being
period
cause

by the
taken
prisoner
degree
of long
enough
harm to the community.

These

conditions

detail

in

his

is

he

which

Cla
Ya

followed

including

had
is

example

bility

of

In

his

this

section

with

ally

arises,

but

to
In

the
fact

said",
existed

identity

c
Ya la,

by

Abu

whom?
the

that

C-

Ya la's

version,

Abu

2.

216;
Ibish,
and
p.
op. cit.,
17-19.
pp.
al-A4kaii-,
c
21.
Abu Ya la,
p.
al-Ahkam,
Al-Mawardl,
p. 17.
al-Ahkim,

3.
4.

231

cf.

al-Muctamad.
eligi-

unconscious
by

al-

introduces

question

natur-

no

reference

the

statement.

The

words

was
and

word,
taste

upon

a book
which

pp. 21-22.

1.

al-Ahkam,

there

Abu

the

gives

made

same

fact,

falls

The

words.

the

by

Ya la

Yacla

who

person

he

said".

Imamate.

discussed

Abu

al-Ahkam,

in

K.

touched

not

both

smell,

in

if

office

fuller

word
in

Ya la

in

In

included

was

evidence
Abu

c tamad.

c-

al-Mawardils

clear

before

the

was

for
a
could

follow

not

deficiency

Abu

case

"it

did

al-Mu

been

work

of

he uses
are

for

This

occasionally.

as

not

enemy
that

the

on

definitions

where

Imam

the

cc
Alu tamad.

YaCla

K.

such

which

Another

chaDter

al-Mawardi's

sections

limbs,

and

the

in

person.

al-Sultanlyya,

Abu

cited

in

war

discussed

were

within
that

the

wage

al-Ahkam

and

noteworthy

order

to

work

terms

general
It

holy

6.

al-Mawardi,

"it
which

discussed

was

these

points

c
Ya la

had

of

the

It

seems

the

occupying
Abu

la

not

but

matter,

any

also,

in

of

the

did

precise
in

original

Despite

the

fact

that

the

opinions

it

of

to

smells,
different

in

mentioned
In

the

comments

are

realm

jurisprudence

of

Abu Ya la,
pp. 16-19.

is

weak

K.

al-Mu

because

al-Ahkam,

the

and

is

at

night",

evident
"the

kinds
and
had

the

of
other

many

been

not

subject

had

pp. 21-22;

232

no

Abu

wizara,
was

connection

and

cf.

la

and

This

issues

Ya

c-

c tamad.
on

chapter

Abu

views

hearing

these

Abu
chapters

different

of

some

that

vision

between

All

are

clear

cases.

weakness

without

opening

in

organs

between

al-Mawardi's

many

this

on

concerning

there

quite

from

author.

copying

distinguish

defects".

pages,

the

of

"dim-lighted

stammering,

view

expressed

each

still
in

phrases

inability

even

in

al-Mawardi

Imam

unconsciousness.

body

the

phraseology

the

two

next

explained?

the

al-Mawardi's

the

use

version

occasional

to

hesitate

not

of

the

can

be

forbidding

reference

Imamate,

the

al-Mawardils

and

in

a and

was

copied

on

1.

case

how

said)

Abu

that

clear

was

senses

differences
Ya

in

also

(it

in

only

soundness

making

it

original

is

Otherwise,

qil"

that

office

Ya

the

"wa, qad

certain

was

It
book.

this

read

term

which

detail.

in

Ya

outside

c-

la's
the

with

al-Mawardi,

K.

al-Mu

well

these

matters

known

Kitab

al-Wizara

opposition
better

was

to

al-Mawardi,

to

keep
he

consequently
realm
he

opened

to

Caliphal

the

any

agreement

of

the

conditions
him

forced
Abu

to

take
not

in

the

whole
In

arises

as

where

Without
c
Mu tamad
vizierate
unfortunately

1.

to

relate

how

Yaqut,

did

get

his

to

decided
his
he

Irshad,

did

in

his

incorporate

book

al-Ahkam
not

v. 4,

Ya

give

407.
p.

233

447/1055
when

al-harim
he

came

because

Caliph

al-Qalim
In

from

in

never

viziers,

office.

addition,

Ahmad

ibn

vizierate.
the

c-

la

question

could,

a detailed

information

c
A bU Ya la

doubt,

in

such

write

he

Abu

the

was

Qadi

experience,

like

a man

This

the

on

his

in

the

it

and

until

Hadith

any

of

view

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of

chapter

circumstances,

such
and

charge

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outside

or

when

of
In

years

that,

Caliphs

imposed

author

believed

of

after

was

al-Wazir).

them.

office

the

hand,

al-Sultan",

viziers,

the

with

did

"ahl

Even

he

the

Yacla

with

hold

c
Ya la

Hanbal

and

palace,

to

was

(Adab

from

communications

he was chosen

other

sixty-seven

Caliphs

the

of

spent

and

Abu

away

the

on

in

experienced
the

Al-Mawardi,

tamad.

for

under
treatise,

it

from?

elaboration

of

K.

the

of

the

chapter

al-Sultaniyya,
o
much attention

but
to

al-

V Is

al-Mawardi
reading

text,

of

as

in

shown

this

comparative

texts.

two

the

be

can

Al-Mliwardi:
is of two types:
"The vizierate
a vizierate
and a vizierate
of execution.
of delegation
is when the
Imam
The vizierate
of delegation
delegates
the administration
to a vizier
of
light
in the
of his
own opinion
and
affairs
the execution
to his
of them according
own
All
judgement
the conditions
necessary
....
Imamate
into
for
the
are to be taken
considerinvestiture
in the
ation
of this
vizierate
lineage.
"l
the
of
sole
exception
with
Abd

YaclR:

is of two types:
"The vizierate
a vizierate
of execution.
and a vizierate
of delegation
Imam
is
the
delegation
The vizierate
when
of
the administration
delegates
to a vizier
of
his
light
in
the
and
own opinion
of
affairs
his
to
them
the
own
according
of
execution
All
the conditions
judgement.
necessary
into
Imamate
for
the
account
are to be taken
l12
the
investiture
in the
vizierate.
of
is

It
the

that
thing
jurist

either

to

trying

accept

then,

a problem

1.

Al-Ahkam,

2.

Al-Ahka-m,

been
or

Abii

Ya la

had

by

stipulated

Abd

by

c
Ya la-

original

exists,

for

it

22.
p. 29.

234

when

not

is

prob-

he was

we theoretic-

authorship
is

some-

Muslim

It

If

version.

c
Ya la's

is

any

c
Ab"d Ya la-.

after

made

stipulated

This

a Qurayshite,

al-MEwardis

copy

still

be

never

before

a mistake

ably

ally

had

which

clear

must

vizier

Abu

that

c-

possible

of

the
to

text,

determine
not

authors
al-tanfldh)

is

there

Yacla

which

the
be

could

be

view,

of
by

occupied

two

both

(wizarat

execution

(dhimmi),

al-Mawardi

the

when

does

addition,

a non-Muslim

between

seen

he

and

In

vizierate

a difference
can

his

justification.

that

agreed

of

validity

legal

the

provide

but

legal

the

Abu

and

texts

are

compared.

Al-Mawardl:
"It
is permissible
to choose
the vizier
of
from
it
execution
among the dhimmis,
while
,
to
the vizier
not permissible
choose
of
delegation
from
among them. 111
Abu

is

Yacla:

(wa qad qil)

"It
it
that
is permissible
was said
to choose
the vizier
from among
of execution
is not permissible
it
the dhimmis,
to
while
the vizier
from
choose
of delegation
among them.
The
that
and

someone
it

He had

is

before

l.,

dhimmis'

right

that

as

to
an

the

Sul_taniyya,

"concrete
exactly
1.
2.
3.
4.

with

what

Ya

c-

la

Imam

hold

thirds
on

of

taxes,
judicial

institution

the

we know

Al-Ahkffm,
p. 27.
Al-Ahkd-m.
P. 32.
Ms.
Ghiyffth
al-Umam,
"The'body-politic",
Cahen,

was

fol.

otherwise

18.
p. 15.
235

that

view,

al-Mawardi.
Abu

the

c-

al-Ma

ali
of

opinion

of

office

and
of

maintained

the
of

vizierate

mistake.

two

chapter

had

al-Haramayn

unforgivable

last

are

al-Mawardils

the

indication

a clear

said"

"someone"

that
by

adminstrative
picture

was

considered

who

The

various

Abu

attacked

al-Juwayn.

execution

words

certain

been

"it

K.

al-Ahkam

al-

land

policy,

and

offices,
which
about

are

accord
them".

it

l12

is

natural

in

in

the

texts,

on

the

by

Abu

two

Yusuf

by

al-Kharaj

by Yahya

in

Qudama,

Tarikh

YUsuf

same,

the

...

the

precise

for

the

same

al-Kharaj

any

without

Kitab

same
For

change.

or

...

the

exactly

and

in

subject

Kitab

of

the

Qudama said

references,

Kitab
and

use

c
Abu- Ya la- does

using

wording

depend

similarities

authors

"Ibn

says,

authors

Sallam,

The

place

similarities

al-Waqidi,

both
same

said

Ibn

al-Qurayshi

al-Miward-1

example,

by

many

Kitab

as

al-Amwal

notwithstanding,

references

Abu

Ibn

both

such

Kitab

al-Mughni

sources

because

simply

references

same
.

such

find

to

discussions

the

exact

al-Ahkam

al-Sultanlyya.
With
of

justice,

the

This

al-qudat.
al-Qalim,

addition,

Adab

al-Qadl',

principles

1.
2.

Ustwa

the

subject

an

authority.

later

office

of

well

known

he

established

figure

in

which

still

the

al-Ahkam,
For example
al-Mawardl',
c
199,204.
la,
Ya
pp.
Abu
al-Ahkam,
2
in
H.
vols.
M.
by
Edited
al-Sarhan
1971-72.
236

as

aqda
Caliph

the
Abu

before

al-harim

was

which

years

by

qadi

al-Mawardil'
in

many

429/1037
years

eighteen

He occupied

appointed

in

place

administration

of

Nisabur

near

was

and

was

the

of

of

took

it

and

occupation
In

Qadi

c
Ya la,

Abu

before

was

al-Mawardi
of

chief

to

regard

as

Ya la-'s

in

447/1055.

the

author

many

of

judicial

judicial

system

169,173;
pp.
Baghdad,

and

Contrary

on Islam.

text

this

concerning
judge

as the

of

his

judicial

not

an authority,

did

in

the

that

of

begins

was

piety

not

as

any

than

for

c
Ya 1-a

was

rather
Abu

equipped

in

system

wrote

He was chosen

study.

Therefore,

discussion

between

also

the

as

al-Mawardl

detail

his

paragraph

with,

al-

Who are

c
AbU Ya la

that

is
he

people
be

c ilm)

he

is

the

he

which

al-qadal

claim

and

nazar

silent

people
to

And

cites.

to

referring

the

al-q

texts
"The

al-qada'

nazar
contrast,

of

people
'the

differences

adal

are

that

said

these
as

of

two

with,

and
by

and

al-

the

paragraph

"some
have

of

of

c
Ya la,

Abu

al-mazalim

113

the

al-mazalim

nazar
172

...

learned

begins

facets

(ahl

nazar

A comparison

ten

nazar

facets'

about

supports

al-Mawardi
between

knowledge

must

his

originality.

differences

Again

for

nor

neither

al-Ahkam.

Mawardi's

are

of

judicial

al-mazalim

shows

life,

early

field

and

The
nazar

his

Harim

c
Abu Ya la

al-Mawardi,

background.

discuss

to

in

al-Qada'

practised

to

of

of

ten

knowledge?

the

identity

again

the

of

the

conclusion

al-Mawardi.

1.

himself
to limit
is not bound
For example,
the qadi
to
he
has
the
of
views
adopt
to his
right
as
madhhab
it
is
Also,
judgements.
in
his
other
schools
judge
dumb
the
a
to
as
appoint
permissible
neither
the
blind
becomes
he
if
blind,
after
the
and
nor
he
because
him
dismiss
Imam
the
must
appointment,
the
between
the
and
distinguish
claimant
cannot
79-82.
1,
See Adab al-Qadl-',
defendant.
pp.
v.

2.

Al-Mawardi,
c
Abu Ya la,

3.

al-Ahkam,
al-Ahkam,

83.
p.
p. 79.
237

Similar
these

and
author
at

that

indicate

for

word

especially

close.

Abu

Yacla

hesitated

to

Again,

refuse

to

his

version,

in

a reference

mention

Ibn

Qudama and

reason

can

be

traced

Hanbalites

claim
The

of

ing

different

giving

legal

ent

chapter
whole
Hanbalite

it

his

chapter

book

Abu

qad!

AbU

The

these

the

the

writings.

C_
ali

alfor

Imamate
It

is

who

Imamate

on

between

supported

al-Miwardi

on.

the

never

time.

al-Ma

alMiwardil

Imamate

that

of

al-Ahkam.

the

on

as

as

he

spirit

at

attacked

concerning

views
of

only

name

when

jurists

conclusi

was

Why

arises.

antagonistic

early

are

as references?

concerning

established

that

obvious

who

opinions

any

Sallim

al-Haramyin

(478/1085),

Juwayni

text,

chapters

such

originality

Imam

was

original

al-Miward'i's

jurists

the

two

al-MHward'i's

first

three

c
Shaf"i
ites

and the
However,

last

especially

Ibn

chapters

al-Miwardlvls

mention

to

the

a question

other

Yusuf,

the

The

other

was

copied

word.

in

occur

al-Maward'i

c
Ya li

Abu

that

and

times

did

references

expos-

without
quite
differ-

presented
in

c-

the

opening

Abu

Ya la

based

only

one

doctrine

the
-

doctrine.
The

second

1.

Al-Mawardi,
236ff,
pp.

2.

Nizam
M. Hilmi,
391.
197i,
p.

jurist

al-Ahkam,

who

pp. 199ff.;
fi

al-Khilafa

238

al-Mawardils

supported

and
al-Fikr

Abu

Ya la,

al-Islami,

authorship

was

following

the

at

al-Sada

(pp.

This

in

book

beginning

of

who

fi

al-Istikhraj
the

116,122):

statement

proof

provides

K.

interests

in'that

Hanbalite

view

the

earliest

most

of

Abu

is

al-SultE;
of

...

clear

this

al-Miward-I

that

a copy

with

in

al-Ahkim

demonstrated
merely

us

originality
Thus,

of

Ahkam

Amwal

chapter

Kitab
al-

author

the

wrote

c
"Qadi AbU Ya li
has mentioned
in
following
al-A4kffh
al-SulVRniyya
MRward! that
monies
of almsgiving

al-Mawardi's

work

his

sentence

al-kharK,

(795/1393),

Rajab

Ibn

of

subject.
the

clearly
It

niyya.

c
Abu- Ya li's

original
is

also
is

version

al-Mawardi's.
Ya

c-

la's

he
of

however,

version,

does

political

times

at

provide

theory.
of

exposition

theory.

239

Hanbalite

This

still

holds

an alternative
makes
political

this

/'

AM,

IBL10GRAPHY

IBL10GRAPHY

Abd

A.

al-Baql,.

"Kitaban

Mujalat
c Abd

M.

al-Qadiry

fl

al-Ahkam
v. 7.

al-Thaqafa,
Yacla

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