Abu al-Hasan Ali Ibn Muhammad Ibn Habib al-Mawardi known in Latin as Alboacen ( CE), was an Islamic jurist of the Shafi’i school most remembered for his works on religion, government, the caliphate, and public and constitutional law during a time of political turmoil. the Mu’tazila school of thought, the great (orthodox) Shafi’i jurist al-Subki (d. Al-Mawardi’s main political thought is embodied in his. Al-Ahham al-Sultaniyah. Only a small portion of the work is however devoted to political theory, the rest of . Mawardi, Abu al-Hasan al-. (d. ). Shafii jurist who wrote the most significant classical theoretical explanation of public law in relation to political theory.
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Ibn Qutaibah, op, cit. And since the Imam is the executive Head of the State, and not responsible to any Majlis or Tribunal, it is obvious that he cannot sit to impeach himself or allow others to punish him.
It defined the proper dignity and status of men in this universe, his relations and obligations to God, and His privileges as the Lord of creation. H appointed his manumitted slave, Hazrat Zaid bin Harithah, to take his place at the head of the Muslim army and at the same time ordered that is case of his death he should be replaced by Hazrat Jafar bin Ali Talib, after him Hazrat Abdullah bin Rawahah and in case he is also killed, the mantle of command should fall on the shoulders of whomever the soldiers might choose.
Allim, Faqih and preacher: Such a person is called imam or sovereign. The notable fact here is that, while his predecessors and successors lay great emphasis on the first two points, viz, the safe-guard of religious principles and the dispensation of justice, as the principal duties of the Imam, al-Mawardi lays the main stress on the administrative responsibility for the carrying out of justice but also the greatest social organization to help promote the corporate life of men.
Political science: Al-Mawardi
Duties and Factions of the Imam: It is very interesting to note that Mawardi presents a concept of parliamentary cabinet. This enumeration of the ten-fold functions of the Imam is arbitrary. Al-Mawardi says if people are given opportunity to pooitical their imam, a cunning opportunist may deceive the voters and a corrupt person may become imam.
He portrayed not only what exists but also what ought to exist. A state where there is no justice, such states ever fall. Even in the ancient and medieval tribal and monarchical systems it was recognized that if the monarch ruled with tyranny and inequity, the people had a right to overthrow him and choose a new leader in his place.
Chapter 36: Al-Mawardi
He especially prepared himself for the judicial profession and obtained an thkught in the State service. This explains why he devotes only one-tenth of his book to the exposition of the theory of the Caliphate and uses the rest of his work to thuoght the detailed apparatus of government which hinges on the central authority of the Caliph.
Abdullah ibn Alawi al-Haddad. The Imam can nominate two or more heirs-apparent to succeed him one after the other. He wrote mostly on law and politics.
Mawardi, Abu al-Hasan al-
The Muslim jurists, political thinkers, statesmen and diplomats invented a political theory which affected a superficial and sophisticated compromise between the two forces. A struggle began between the State and Society. He discards the divine right of rule, for despite maaardi anxiety for the restoration of sovereign power of Abbasid Caliphs, he nowhere supports their claim, or the claim of jurists to unchallenged obedience to the Head of the State.
The right of franchise is not enjoyed only by the people in the capital. The Electoral College shall consist of persons with special qualifications. He politica also entrusted the control of His creatures to various governments so that order and peace in the world may be maintained.
His greatness lies in the fact that he received political opinions and traditions of the past and transformed them into a logical system. Al-Mawardi holds that the election of a less qualified in the presence of a more qualified is valid if the elected one fulfills the requisites qualification.
He had already before him the precedent of polihical Umayyads. Integrity of physical organs 5.
He may be elected by the electoral college ii. The Qurayshite descent of the candidate of Imamate is very important. Theory of Rebellion Introduction: Al-Mawardi holds that there is complete consensus on this point in the Muslim community. Thirdly, he must not be slave. This opinion of Al-Mawardi is based upon the election of Usman which was by a limited Shura appointed by Unar. The Wazarat of Delegation: The Imam cannot withdraw the nomination until there occurs in this heir-apparent some important change which legally invalidates hint.
He describes method of appointment, powers, qualities and method of deposition of imam.
Newer Post Older Post Home. Politicwl instable person cannot become a good ruler. The Imam may be addressed as the Khalifa-tu-Allah, but the majority ak jurists say that this title is forbidden, for no human being can represent God on Earth, since man is mortal and imperfect. The consequences of the premature demise of the Republic of Madina were dire and far-reaching.
Judiciary is very significant department because a judge is to decide fates of the families.