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Al-Mawardi
Introduction:
Abul Hasan Ali bin Muhammad bin Habib-al-Mawardi is the first writer on political theory in the history of Islam. Except Ibn-e-Khaldoon, all the jurists, thrologists and political philosophers who have followed him, down to our own days, have hardly made any improvement upon his thoughts. He was born in 974 AD and died in 1058 AD. Al-Mawardi was regarded as one of the versatile and most learned jurists of his age, and his opinions laid emphasis in the world of law and jurisprudence. He belonged to the orthodox Shafi’te school of jurisprudence and still we find traces of the pure rationalism. Like other Muslims he received the traditional education, and he wrote on many topics besides law, like, a Commentary on the Quran, a treatise on prophecy and several works on Ethics. As far his legal writings, it is noteworthy that “Government and administration, at all levels, were his principal concerns.”
Al-Mawardi started his career as a professor of law and jurisprudence at Basra and Baghdad, and later on he was appointed as Qazi-ul-Quzat of Baghdad by a-Qaim, Abbasid Caliph and he was also conferred an honorific title of Aqdal-Quat or the Supreme Justice. But he declined to accept this offer of appointment because he said there were far abler people who deserved the title much more than himself. It is related that he did not publish any of his works in his lifetime. When a friend asked why he kept his books back he replied that it was because he felt that his motives in writing them were not as pure as he should have wished and that he did not know whether Allah the Almighty had accepted these literary offerings or not.
Al-Mawardi has left a great and valuable treasure of knowledge and philosophy. His books are the following:
**1. Al-Ahkam at-Sultaniyah (Ordinances of Government)
- Nasihat-ul-Muluk (Advice to Kings)
- Qawanin-ul-Wazarat (Laws of the Ministry)
- Tahsilun Nazar fi Tahsil-uz-Zafar (Control of Sight for facilitating Victory)**
Contribution of Al-Mawardi
to Islamic Political Thought
Al-Mawardi was the founder of the science of politics in the Islamic World. He was not very original in what he did. His greatness lies in the fact that he received political opinions and traditions of the past and transformed them into a logical system. For four hundred years the Muslims were engaged in conquest and empire building, but they could not evolve any concrete pattern of government or administration. Al-Mawardi’s achievement is that he gave definition to what was unshapely and undefined. Moreover, he assembled his ideas in writing; therefore his book Al-Ahkam at-Sultaniyah became a standard work of reference on political and administrative practices.
In spite of the untenable position in which al-Mawardi had to work, one cannot fail to admire his effort to work out a political system essentially based on the fundamental thought and early political practice of Islam. Al-Mawardi’s remarkable contribution is that he has given a detailed account of the administrative machinery of Government. He portrayed not only what exists but also what ought to exist. This idealistic touch made his work popular with every regime and every generation that came after him.
Al-Mawardi’s work and his theory of Caliphate saved the Muslim people for a long to come from the extravagant and illogical claims of the Shiahs, the Khawarij, the Mutazilah and other extremist sects in Islam. His immediate aim of emancipating the Sunni Caliphate of the Abbasids from the Buwayhid tyranny was so providently realized in his own lifetime, that it must be counted as one of his remarkable achievements. Al-Mawardi knew that the Abbasids could not fully retrieve the lost ground and could not regain the glory of their early ancestors. To compensate this irretrievable position he instituted the theory of absolute governorship which provided a handy instrument of self-protection to the Abbasid Caliphs against the attempt of possible adventurers who aspired to overthrow the Caliphate. His most valuable contribution to political theory was that he based his account on historical practice and facts and liked other Jurists and the scholars; he did not indulge in empty speculation.
Criticism:
But with all the good points that can be said about Al-Mawardi, he had one short-coming, he was not a political thinker, and hence could not evolve a philosophic conception of the state. He does not discuss the scope, jurisdiction, responsibilities and obligations of the state, gives no conception of sovereignty and seems to be completely ignorant of the idea of the constitution. Lack of a constitutional theory has not only very much reduced the value of Al- Mawardi’s work but has its deadening effect on the later development of Islamic political thought.
Al-Mawardi seems to have no conception of democracy. His theory of election dealing only with the appointment of the Caliph is wholly undemocratic. Moreover, he is very particular about the rights and prerogatives of the Caliph but pays little attention to the rights and obligations of the people. Lack of the idea of fundamental rights of men has been one of the principal sores in Muslim polity for ages, and has been mainly responsible for almost complete absence of the growth of democratic life in Muslim lands.
Al-Mawardi’s Theory of State
Caliphate:
The institution of Caliphate represents the mission of Hazrat Muhammad (P.B.U.H) the Prophet and the main duties of the Caliph are the safeguard of religion from all destructive propaganda and innovations and the proper organization of general polity. The Holy Quran aims at creating an ideal society in which good predominantly prevails over evil and in which the laws of God are generally practiced and obeyed. Further, it promises the inheritance or possession and governance of the earth to those only who follow in the footsteps of the
Umayyad and Hashimite race for supremacy of power started immediately after the device of the Prophet (P.B.U.H). After the fall of the Pious Caliphate, the idea of democratic caliphate passed into monarchical system without any ideological conflict. (Ibn-e-Khaldoon)
The Umayyad made strenuous efforts and effected a practical compromise between monarchy and the original caliphate. They however, took pains to preserve the original pattern of succession by nomination and limited election within the House of Umayyad. This Umayyad innovation received general approval and became an established principle of Islamic polity for alter times.
Wazarat: Al-Mawardi says, “the appointment of a Wazir does not mean that the Imam or Caliph should give up all connections with the administration of the state, but the real significance of his appointment consists of the fact that in the province of politics it is better to have a coadjutor rather than one sole person at the helm of affairs.” And when the Prophet Moses (A.S) could make his brother Haroon (A.S) his Wazir in order that his hands should be strengthened, then surely in the administration of the state it is allowable for the Imam to have a Wazir beside him. Al-Mawardi says that Wazarat is of two kinds:
1. The Wazarat of Delegation:
The Wazir of Delegation is the person in whom the Imam has the fullest confidence and to whom the powers of administration of the realm are delegated. The difference between the Wazir and the Imam himself is that the Wazir of Delegation is not empowered to appoint anyone as his successor and the Imam, the highest authority; can dismiss the officers appointed by him.
2. The Wazarat of Execution:
The Wazir of Execution is similar to the Secretary to the Government in modern times. Al- Mawardi says that the main function of the Wazir is to get the decrees of the Imam executed and he should be the main official channel of information for him. Mawardi opines that, seven qualities are required for a person aspiring to this office and these are honesty, confidence, absence of greed, good relationship with the people, intelligence and the wisdom of grasping the truth of things, absence of luxury and amorousness, and lastly, diplomacy and experience. Al-Mawardi said, “It is not necessary that the holder of the office should be a follower of Islam and a non-Muslim dhimmi can also be appointed a Wazir of Execution."
For the efficient functioning of the administration, the government should be divided into various departments dealing with the business of government such as revenue, army and other high offices of State. The State administration as a whole was called Diwan. Al- Mawardi enumerated four chief offices of Government are under:
1. The Army Board 2. The Board of Provincial Boundaries 3. The Treasury
4. The Board of Appointment and Dismissal of Officers
Views of Central Government: Al-Mawardi being an orthodox Shafi’ite, gave an account of legal rationalism in his writings. Very rationally he makes full endeavors to demonstrate the necessity of the Imamate and he proves it not only by referring the Islamic law but lays down a general proposition that it is in the nature of man or rather those among men who are superior to others in intellect that they should hand over their affairs to one who can keep them from being tyrannized over by others and should have the power of adjudging between them in case of mutual quarrels.
Al-Mawardi relies solely upon the Quran without reference to any other source of law. Thus when he tries to demonstrate that the Imam should not indulge in luxurious living and he reminds the readers of the order which God gave to the Prophet David (A.S) when He appointed him His Caliph: “O David, We have appointed thee Our Caliph on earth; so judge aright between man and man, and follow not desires that might lead thee away from the path of thy Lord.”
He at the time of discussing different categories of taxes, argues entirely on the basis of the Quran, and quotes a verse to prove that the Zakat should be distributed “among the poor and the needy, and those who collect them and those whose hearts are to be reconciled, and to free the captives and the debtors, and for the cause of God and for the wayfarer” (Quran ix, 60).
Along with the verses of the Quran he argues from the order of the Prophet (P.B.U.H) as related in the Traditions when he wishes to prove that the Caliph has the right to appoint his own successor, he argues from the battle of Mutah and says, “The Prophet (P.B.U.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.” Mawardi was of the view that “it was possible for the Prophet (P.B.U.H) to make these nominations; it should be possible in case of khilafat as well.”
As regards the office of Qazi, he quotes the instructions given by the Caliph Hazrat Umar to Hazrat Abu Musa al Ash’ari when he appointed him to this office. Sometimes al-Mawardi uses the documents of the Umayyad and the Abbasid periods his premises, for instance, he quotes the accession address of Hazrat Umar bin Abdul Aziz to demonstrate the exalted ideals of the office of the Caliph. Whenever he wants to stress the importance of the Wazarat, he quotes a proclamation of Mamun where he declares that he wishes to appoint one of his ministers who should be virtuous, sophisticated and conservative in his habits, experienced and matured in his profession and willing to undertake the most difficult missions, should be reliable and trustworthy, whose silence should signify his great indulgence and whose conversation should demonstrate his great knowledge. He should be able to understand the innermost thoughts of others by the mere gesture of the eyes, and even a second’s conversation should suffice for him to get at the root of the matter, who should have the posture of the rich, the foresight of the learned, the humility of the
benefit of it and they, the evil consequences thereof.”
2. Al-Mawardi clearly advocates revolt when the Imam either falls prey to sensual passions or becomes sceptic of the basic tenets of Islam. But it is ambiguous as to how a tyrant or heretical Imam can be deposed. No method has been proposed by means of which the will of the people may be ascertained, or the Imam may be expelled his office. There is no precedent in Islamic history when an Imam was deposed from office by legal and proper means. 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.
One thing is quite clear from the writings of Al-Mawardi, that he is opposed to the claim of undisputed obedience to the Caliph. He does not elaborate a detailed theory of rebellion, nor discusses the fundamental rights of man. He is very careful in choosing only those traditions which suit his purpose. He could have easily established from the tradition of the Prophet (P.B.U.H) as well as from the practice of the Pious Caliphs, that Islam has given an open charter of rights to humanity, and that it has unambiguously defined limits of State’s powers and freedom of the individual.
He could have noted that the famous verse of the Quran, “Obey God, and obey the Prophet (P.B.U.H), and obey the ruler who is from amongst you,” (Al-Quran, 4: 58) does not give license of despotism to rulers, for the same verse continues, “if you quarrel on any issue, bring it to the judgment of God and the Prophet (P.B.U.H), provided you believe in God and in the day of Judgment.” Obedience to the head of the State is bound by the condition that he obeys the injunctions of God, that is, rules with truth and justice. In another verse the Quran says, “Their affairs are decided by mutual counsel amongst themselves" (Al-Quran, 42: 38) and not by the arbitrary will of a ruler.
Hazrat Abu Bakr (R.A) reported that the Prophet (P.B.U.H) said, “Indeed if the people see evil and do not rise to ward it off, it is just probable that the vengeance of God may overtake them all.” Abu Said narrated that the Prophet (P.B.U.H) said, “Some of the most loved and nearest persons to me on the Day of Judgment shall be the Just Imam, and the most hated and damnable person to me on the Day of Judgment shall be the Tyrant Imam.”
When Hazrat Abu Bakr (R.A) was elected Caliph, he said in his policy speech: “Obey me as long as I obey God, but when I disobey Him you are no longer bound to obey me.” He continued the speech and said, “And I am just like one of you so when you find me on the right path, follow me, but if you see me diverting, set me right.”
In the early phases of Islamic history, there were a general and strong feelings among the Muslims that there existed a solemn covenant between the State and people, that the State was conducted by the elected representatives of the people, and that it existed only to protect and promote their interests. So when the rulers broke this covenant, and violated the principle of representation and threw overboard the interest of the people, the people thought it as their inherent right to repeal such rulers and grab political power from them. It was the clear infringement of this covenant that eventually led to the assassinations of Hazrat Usman (R.A) and Hazrat Ali (R.A) and also to the sudden collapse of the powerful Umayyads. The Abbasid Caliphs fetched the reign of the Islamic empire, killed these ideas altogether and the concept of the covenant was completely forgotten.
Conclusion:
Al-Mawardi did not elaborate a theory of rebellion and if he wanted to propound a theory, he could have found abundant sanction for it in early thought and practice. It may be noted here that the idea of rebellion has always been most abhorrent to Muslim rulers throughout history, because after the regime of the Pious Caliphs, many a ruler denied the right of the people to participate in the affairs of the State. But there is no denying the fact that the people resented the autocratic trends in the statecraft and stood for their basic rights.
Theory of Imamate
Al-Mawardi says that Almighty Allah laid down laws in order that issues might be satisfactorily settled and the principles of right, truth and goodness may be widely known. He has also entrusted the control of His creatures to various governments so that order and peace in the world may be maintained. Al-Mawardi describes that the real objective of the state is the rule of justice and truth and to bring tranquility and peace to its inhabitants. He further describes that the real motive of the Imamate is following the straight path and strengthening the political bonds. He is also of the view that Imamate is not only an institution sanctified by tradition and history but can be proved to be necessary according to pure reason; for wise men entrust their affairs to a leader able to keep them from being molested and to adjudge between them in case of mutual quarrels and squabbles.
The salient features of the institutions of Imamate:
1. The institute of Imamate is necessary as a requirement of the Shariah and not as a
requirement of reason. The appointment of an Imam by the consensus of the Muslim community is obligatory.
2. The Imamate is instituted by means of election. The electoral college shall consist of
persons with the special qualifications:
a. Justice with all the conditions pertaining to it
b. Knowledge of religion and of the interests and policy of the nation
c. Wisdom
The candidates of Imamate should also fulfill certain conditions:
1. Justice 2. Learning 3. Integrity of physical senses 4. Integrity of physical organs 5. Wisdom 6. Bravery 7. Qurayshite descent
Rosenthal is of the view that the Caliph be physically and mentally fit to discharge his duties
refuge. It was also directed against the Shiahs, who believe that an inferior person cannot have precedent over a superior one.
8. Al-Mawardi says that if there is only one suitable candidate for the Imamate, he
automatically becomes the Imam, and no election is required. Other jurists and scholars are of the opinion that election must be held if there is only one candidate for it, for otherwise the Imam cannot acquires legal status.
9. The existence of two Imams contemporaneously is illegal. Al-Ashari opposes this view
and says that two Imams at a time are possible if their territories are far-flang and widely separated by an ocean, which hinders easy communication between the two.
Successions:
1. the ruling Imam can nominate his successor. Al-Mawardi holds that there is complete
consensus on this point in the Muslim community. The Muslims without any tinge of resentment or cause of rivalry accepted Umer as the next Caliph not on the suggestion of Abu Bakr but in obedience to his order as Caliph. Similarly when Umar appointed a Majlis-e- Shura to elect for appointment as his successor, it was an order from the Imam and there was no choice for the Muslims to show disagreement to the Caliph’s orders.
2. The Imam can easily nominate any suitable person as his successor, provided he does
not happen to be his father or son. Al-Mawardi fairly discusses the different opinions of the jurists whether or not the Caliph is entitled to designate one of his sons or relations as his successor and whether he acts legally in doing so. This difference of opinion reflects different attitudes to the institution of the Caliphate and to its nature. Those who recognize the absolute authority of the Caliph as Head of the Muslim nation naturally concede him the right, in his capacity as ruler, to appoint a successor. Those who do not recognize the authority as absolute, justify their opposition by declaring that family considerations must not weight with the Caliph, who is bound by law to choose one who fulfills the conditions laid down for the holder of the office of the Imam.
It was this theory of nomination that cut at the very root of democratic ideals in Islamic polity. Thus apparently the structure of the Caliphate was maintained by the Umayyads, the Abbasids, the Fatimids and the Turks, but the spirit of Islamic democracy as buried in the coffin of Hazrat Ali, the last of the Pious Caliph.
3. Al-Mawardi is of the view that the nomination of a person as heir apparent becomes
effective only when he declares his consent to it. The Imam cannot withdraw the nomination until there occurs in this heir-apparent some important change which legally invalidates hint. So also an Imam cannot be deposed until a similar change occurs in him.
4. The imam can appoint the Electoral College as well as the persons who may contest for
the Imamate. This opinion of Al-Mawardi is based upon the election of Usman which was by a limited Shura appointed by Unar.
5. The Imam can nominate two or more heirs-apparent to succeed him one after the other.
The argument has been derived from the battle of Mutah, in which the Prophet (P.B.U.H.) appointed Zayd bin Harithah as the Commander of Islamic forces and said if he fell fighting he was to be succeeded by Abdullah bin Rawahah. If Ibn-e-Rawwah also fell in the field then
the Muslims could choose any one from among themselves as their Commander. Apparently the citation of this incident in support of a fundamental issue like that of the Caliphate is but a fake reasoning.
This practice of appointing two or more heirs-apparent proved to be the greatest political evil in Muslim polity. This practice during the reign of Abbasids engendered palace intrigues and induced destructive internecine wars and dynastic feuds.
Designation and Privileges:
1. when a person is duly elected as Imam the people should entrust him all the affairs and
must give him unquestioning obedience. The Imam may not consult them in affairs of state. Yet they must obey him. It is the clearest example of despotism and totalitarianism. The Islamic idea is that the people must take fuller participation in the administration of the state and their opinions for the uplift of the state and betterment of the society must be given due consideration. It was the suppression of this right that exposed the Muslim state to disruption and decay.
2. The Imam may be addressed as the Khalifa-tu-Allah, but the majority of jurists say that
this title is forbidden, for no human being can represent God on Earth, since man is mortal and imperfect. Hence the Imam may either be called a mere Khalifah or Khalifah Rasul-Allah. Once when Caliph Abu Bakar was addressed as Khalifa-tu-Allah he exclaimed, don’t address me as Khalifa-tu-Allah but as the Khalifa Rasul-Allah.
Duties and Factions of the Imam: According to Al-Mawardi, Imam should perform following ten principle duties:
1. To safeguard and defense of the established principles of religion as understood and
propounded by the consensus of ancient authorities. If anyone innovates an opinion or becomes a sceptic, the Imam should convince him of the real truth and correct him with proper arguments and make him obey the injunctions and prohibitions of the Shariah, so that the people at large may be saved from the evil effects of such heresies.
This is undoubtedly the main duty of the Imam under the Shariah. Most unfortunately, under the cover of this pretext, the second civil war of Islam was fought by the Umayyads, the Hashimites, and Zubayrites. When the Abbasids came to power they called themselves the sole defenders of faith, and crushed every political dissentient in the name of religion, and sent many innocent souls to the gallows to save Islam. The Alids, too, have always stressed that they are the right repositories of Islam and it is only safeguarded by their Imams. When they founded the Fatimid Empire and later the Safawid Dynasty in Persia, they wiped out their political opponents with cruelty and butchery.
2. The dispensation of justice and disposal of all litigations in accordance with the Shariah.
He should curb the strong from showing harshness to the weak, and encourage the weak to take his due in the teeth of opposition of the strong.
3. The maintenance of law and order in the country, to make it possible for the people to
lead a peaceful life, and proceed to their economic activities freely and travel in the land without fear.
