Al-Mawardi
Encyclopedia
Abu al-Hasan Ali Ibn Muhammad Ibn Habib al-Mawardi ( أبو الحسن علي بن محمد بن حبيب البصري الماوردي ), known in Latin
as Alboacen (972-1058 CE), was an Arab
Muslim 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. Appointed as the chief judge
over several Khorasani
districts near Nishapur
, and Baghdad
itself, al-Mawardi also served as a diplomat for the Abbasid
caliph
s al-Qa'im and al-Qadir
in negotiations with the Buyid emirs. A symbol of his contributions here, he is well remembered for his treatise on "The Ordinances of Government." The Ordiances, Al-Ahkam al-Sultaniyya w'al-Wilayat al-Diniyya, provide a detailed a definition of the functions of caliphate
government which, under the Buyids appeared to be rather indefinite and ambiguous.
(d. 463/1072) will have us know his father sold rose water. Growing up he was able to learn Fiqh
(Islamic Comprehension) from Abu al-Wahid al-Simari and subsequently took up his residence in Baghdad
. While both Basrah and Baghdad
were centers of the Mu'tazila school of thought, the great (orthodox) Shafi'i jurist al-Subki (d. 756/1355) would later condemn al-Mawardi for his Mu'tazila sympathies. Other biographical anecdotes remember al-Mawardi as a humble man, eloquent and enthusiastic in his speech. Regardless of theological polemics, in his day al-Mawardi was a "high-profile figure." He was eventually appointed chief qadi
of Baghdad
, and subsequently was entrusted with various responsibilities on behalf of the Caliphate: On four occasions he served as a diplomat on behalf of Caliph al-Qa'im (422-1031, 428/1037, 434/1042 and 435/1043, his successor al-Qadir
also entrusted al-Mawardi as a diplomat in a negotiation with the Buyid emir
s and charged him with the task of writing his treatise on "The Ordinances of the Government." Among many of his various other works he is also credited with the creation of darura, a doctrine of necessity. Al-Mawardi died at an old age in Baghdad on 30 Rabi'a 450/27, May 1058.
..
caliphs, later followed also by the more efficient Seljuq
s, whereby the military held actual power while recognizing the Caliph as the supreme head of government and receiving from him, in turn, recognition of their mundane authority."
Index:
1. On the Appointment of the Sovereign
2. On Ministerial Appointment
III. On the Appointment of Provincial Governors
IV. On Appointing War Commanders
V. On Appointing Commanders of Expeditions for the Public Interest
VI. On the Appointment of Judges
VII. On the Redress of Wrongs
VIII. On Syndics of the Nobility
IX. On the Appointment of Prayer Leaders
X. The administration of Alms
XI. On Dividing the War Spoils
XII. On Tribute and Land Tax
XIV. Of Distinctions Among Countries
XV. On Land Reclamation and Water Supply
XVI. On Enclosures and Public Amenities
XVII. On Land Grants and Concessions
XVIII.On the Status and Rules of the Chancery
XIX. On Crimes and Punishment
XX. On the Market Supervisors Office
There are numerous translations of this book available in English. A more detailed summary or concise evaluation of "The Ordinances" is needed.
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
as Alboacen (972-1058 CE), was an Arab
Arab
Arab people, also known as Arabs , are a panethnicity primarily living in the Arab world, which is located in Western Asia and North Africa. They are identified as such on one or more of genealogical, linguistic, or cultural grounds, with tribal affiliations, and intra-tribal relationships playing...
Muslim jurist
Faqih
A Faqīh is an expert in fiqh, or, Islamic jurisprudence.A faqih is an expert in Islamic Law, and, as such, the word Faqih can literally be generally translated as Jurist.- The definition of Fiqh and its relation to the Faqih:...
of the Shafi'i
Shafi'i
The Shafi'i madhhab is one of the schools of fiqh, or religious law, within the Sunni branch of Islam. The Shafi'i school of fiqh is named after Imām ash-Shafi'i.-Principles:...
school
Madhhab
is a Muslim school of law or fiqh . In the first 150 years of Islam, there were many such "schools". In fact, several of the Sahābah, or contemporary "companions" of Muhammad, are credited with founding their own...
most remembered for his works on religion, government, the caliphate, and public and constitutional law during a time of political turmoil. Appointed as the chief judge
Qadi
Qadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...
over several Khorasani
Greater Khorasan
Greater Khorasan or Ancient Khorasan is a historical region of Greater Iran mentioned in sources from Sassanid and Islamic eras which "frequently" had a denotation wider than current three provinces of Khorasan in Iran...
districts near Nishapur
Nishapur
Nishapur or Nishabur , is a city in the Razavi Khorasan province in northeastern Iran, situated in a fertile plain at the foot of the Binalud Mountains, near the regional capital of Mashhad...
, and Baghdad
Baghdad
Baghdad is the capital of Iraq, as well as the coterminous Baghdad Governorate. The population of Baghdad in 2011 is approximately 7,216,040...
itself, al-Mawardi also served as a diplomat for the Abbasid
Abbasid
The Abbasid Caliphate or, more simply, the Abbasids , was the third of the Islamic caliphates. It was ruled by the Abbasid dynasty of caliphs, who built their capital in Baghdad after overthrowing the Umayyad caliphate from all but the al-Andalus region....
caliph
Caliph
The Caliph is the head of state in a Caliphate, and the title for the ruler of the Islamic Ummah, an Islamic community ruled by the Shari'ah. It is a transcribed version of the Arabic word which means "successor" or "representative"...
s al-Qa'im and al-Qadir
Al-Qadir
Al-Qadir was the Abbasid Caliph in Baghdad from 991 to 1031. Grandson of al-Muqtadir, he was chosen in place of the deposed Caliph, at-Taʾi, his cousin. Banished from the Capital earlier, he was now recalled and appointed to the office he had long desired. He held the Caliphate for 40 years...
in negotiations with the Buyid emirs. A symbol of his contributions here, he is well remembered for his treatise on "The Ordinances of Government." The Ordiances, Al-Ahkam al-Sultaniyya w'al-Wilayat al-Diniyya, provide a detailed a definition of the functions of caliphate
Caliphate
The term caliphate, "dominion of a caliph " , refers to the first system of government established in Islam and represented the political unity of the Muslim Ummah...
government which, under the Buyids appeared to be rather indefinite and ambiguous.
Biography
Al-Mawardi was born in Basrah during the year 972 C.E. The shafi'i al-Khatib al-BaghdadiAl-Khatib al-Baghdadi
Abu Bakr Ahmad ibn `Ali ibn Thabit ibn Ahmad ibn Mahdi al-Shafi`i, commonly known as al-Khatib al-Baghdadi or the lecturer from Baghdad , was a Sunni Muslim scholar and historian.-Early life:...
(d. 463/1072) will have us know his father sold rose water. Growing up he was able to learn Fiqh
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
(Islamic Comprehension) from Abu al-Wahid al-Simari and subsequently took up his residence in Baghdad
Baghdad
Baghdad is the capital of Iraq, as well as the coterminous Baghdad Governorate. The population of Baghdad in 2011 is approximately 7,216,040...
. While both Basrah and Baghdad
Baghdad
Baghdad is the capital of Iraq, as well as the coterminous Baghdad Governorate. The population of Baghdad in 2011 is approximately 7,216,040...
were centers of the Mu'tazila school of thought, the great (orthodox) Shafi'i jurist al-Subki (d. 756/1355) would later condemn al-Mawardi for his Mu'tazila sympathies. Other biographical anecdotes remember al-Mawardi as a humble man, eloquent and enthusiastic in his speech. Regardless of theological polemics, in his day al-Mawardi was a "high-profile figure." He was eventually appointed chief qadi
Qadi
Qadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...
of Baghdad
Baghdad
Baghdad is the capital of Iraq, as well as the coterminous Baghdad Governorate. The population of Baghdad in 2011 is approximately 7,216,040...
, and subsequently was entrusted with various responsibilities on behalf of the Caliphate: On four occasions he served as a diplomat on behalf of Caliph al-Qa'im (422-1031, 428/1037, 434/1042 and 435/1043, his successor al-Qadir
Al-Qadir
Al-Qadir was the Abbasid Caliph in Baghdad from 991 to 1031. Grandson of al-Muqtadir, he was chosen in place of the deposed Caliph, at-Taʾi, his cousin. Banished from the Capital earlier, he was now recalled and appointed to the office he had long desired. He held the Caliphate for 40 years...
also entrusted al-Mawardi as a diplomat in a negotiation with the Buyid emir
Emir
Emir , meaning "commander", "general", or "prince"; also transliterated as Amir, Aamir or Ameer) is a title of high office, used throughout the Muslim world...
s and charged him with the task of writing his treatise on "The Ordinances of the Government." Among many of his various other works he is also credited with the creation of darura, a doctrine of necessity. Al-Mawardi died at an old age in Baghdad on 30 Rabi'a 450/27, May 1058.
Works
- Al-Ahkam al-Sultania w'al-Wilayat al-Diniyya (The Ordinances of Government)
- Qanun al-Wazarah (Laws regarding the Ministers)
- Kitab Nasihat al-Mulk (The Book of Sincere Advice to Rulers)
- Kitab Aadab al-Dunya w'al-Din (The Ethics of Religion and of this World)
..
On The Ordinances of the Government
"For al-Mawardi the caliphate symbolized an entire politico-religious system that regulates the lives of men in a Muslim community to the smallest detail. Hence the emphasis in [The Ordinances] placed on the qualifications, power and duties pertinent to [a given office of government]... This approach to the matter would explain the working arrangement finally reached by the Buyids and the AbbasidAbbasid
The Abbasid Caliphate or, more simply, the Abbasids , was the third of the Islamic caliphates. It was ruled by the Abbasid dynasty of caliphs, who built their capital in Baghdad after overthrowing the Umayyad caliphate from all but the al-Andalus region....
caliphs, later followed also by the more efficient Seljuq
Great Seljuq Empire
The Great Seljuq Empire was a medieval Persianate, Turko-Persian Sunni Muslim empire, originating from the Qynyq branch of Oghuz Turks. The Seljuq Empire controlled a vast area stretching from the Hindu Kush to eastern Anatolia and from Central Asia to the Persian Gulf...
s, whereby the military held actual power while recognizing the Caliph as the supreme head of government and receiving from him, in turn, recognition of their mundane authority."
Index:
1. On the Appointment of the Sovereign
2. On Ministerial Appointment
III. On the Appointment of Provincial Governors
IV. On Appointing War Commanders
V. On Appointing Commanders of Expeditions for the Public Interest
VI. On the Appointment of Judges
VII. On the Redress of Wrongs
VIII. On Syndics of the Nobility
IX. On the Appointment of Prayer Leaders
X. The administration of Alms
XI. On Dividing the War Spoils
XII. On Tribute and Land Tax
XIV. Of Distinctions Among Countries
XV. On Land Reclamation and Water Supply
XVI. On Enclosures and Public Amenities
XVII. On Land Grants and Concessions
XVIII.On the Status and Rules of the Chancery
XIX. On Crimes and Punishment
XX. On the Market Supervisors Office
There are numerous translations of this book available in English. A more detailed summary or concise evaluation of "The Ordinances" is needed.