ABU AL-HASSAN AL-MAWARDI

972-1058 C.E364-450 HAl-Ahkam al-

Sultaniyyah

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BACKGROUND

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Basrah; Baghdad; Qadi; Chief Justice at Baghdad: Abbasid Caliph al-Qaim bin Amr Allah appointed him as his roving ambassador and set him to number of countries as the head of special missions.

BACKGROUND

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Was considered as great jurist, muhaddith, sociologist and political scientist.

Promote the doctrine of necessity in politics. He favoured s strong caliphate and discouraged

unlimited powers delegated to the governors, which tended to create chaos. He laid down clear principles for election of the caliph and qualities of voters.

Basic Idea

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Nature of human being:

Madani…..they need each others…Allah created human being with some weaknesses….they need Him and each other more than the animals…..men are provided with aqal…..to guide him to happiness….here and hereafter.

Basic idea

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Daulah:

To ensure peace: Features: Practiced religion Strong authority Comprehensive justice General security Continuous prosperity Hope for future

Institution of Caliphate or Imamate

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Definition of Imam: The succession to the Prophet in the defense of the faith

and the administration of the world

Institution of Caliphate or Imamate

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How to appoint an Imam?

1. Electoral College may elect him 2. Ruling Imam may nominate him….but he must not

be from his family

Institution of Caliphate or Imamate

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Qualification of electors: Just Knowledgeable Wisdom

Religious learning Know the qualities of an imam Not act based on influence of money, reward, material

things…etc.

Institution of Caliphate or Imamate

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Qualifications of Imam Collective Justice Knowledgeable which enable him to make sound

judgment Soundness of the sense in hearing, vision and speech Soundness of physical organs from any defect Judgment which is conducive to the ruling of the subjects Courage and bravery Qurayshite descendent:

Institution of Caliphate or Imamate

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Public duties: Maintain religion; guard the faith on its established

principles Execute and preserve justice Protect Islamic territory Apply legal penalties; punishment for offences is meted out

in accordance with the prohibitions of Allah and to upheld the right of the subjects.

To equip the frontiers with provisions Jihad Collect fay Fix salary Appoint sincere advisor Oversee affairs personally.

Institution of Caliphate or Imamate

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Delegation of powers: Wazir and Amir: ( Ministers and Governors)

Wazir: who had general power over the provinces generally and were appointed over all affairs without any special assignment.

Amirs: general power in specific provinces or district and had the right to supervise all affairs in that particular provinces.

Institution of Caliphate or Imamate

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Two forms of wazirat: Delegation: full power to the holder on any task, but

cannot appoint the heir or to dismiss those whom the imam appointed. He may appoint deputy.

Execution: enjoy limited powers; intermediary between the imam and subjects. Might not appoint his deputy. Might be more than one

Institution of Caliphate or Imamate

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Imarat: two types: Imarat Al-Istikfa Imarat Al-Istila

Functions: Maintain troops; fix and pay their allowances Oversee the administration of justice and appointment of

qadi. To levy kharaj an sadaqat Protect religion, prevent sacrilege, innovation and apostasy Exact legal penalties Lead prayers Arrange for pilgrimage Holy war

Institution of Caliphate or Imamate

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

change in his faith Change in bodies:

Loss mental ability and eyesight Loss of two hands Loss of personal ability to rule

Al-Hijr: over-powered by his assistant or enemy Al-Qahr: imprisoned by his enemy and no chance to

save him

Conclusion

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Supporter of the doctrine of necessity

Institution of Caliphate or Imamate is very important and required by Syariah.