Al-Mawardī
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Abū al-Ḥasan ʿAlī Ibn Muḥammad al-Māwardī (), known in Latin as Alboacen (972–1058 CE), was an
Islamic jurist Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or ''Allah'') as it was revealed to Muhammad, the main ...
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 A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
over several districts near
Nishapur Nishapur or officially Romanized as Neyshabur ( fa, ;Or also "نیشاپور" which is closer to its original and historic meaning though it is less commonly used by modern native Persian speakers. In Persian poetry, the name of this city is wr ...
in Iran, and Baghdad itself, al-Mawardi also served as a diplomat for the
Abbasid caliph The Abbasid caliphs were the holders of the Islamic title of caliph who were members of the Abbasid dynasty, a branch of the Quraysh tribe descended from the uncle of the Islamic prophet Muhammad, Al-Abbas ibn Abd al-Muttalib. The family came t ...
s al-Qa'im and al-Qadir in negotiations with the Buyid emirs. He is best known for his treatise on "The Ordinances of Government." The Ordinances, Al-Ahkam al-Sultaniyya w'al-Wilayat al-Diniyya, provide a detailed definition of the functions of caliphate 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. Some authors make the claim that his family was Kurdish, a claim which is unsubstantiated. The Shafi'i historian
al-Khatib al-Baghdadi Abū Bakr Aḥmad ibn ʿAlī ibn Thābit ibn Aḥmad ibn Māhdī al-Shāfiʿī, commonly known as al-Khaṭīb al-Baghdādī ( ar, الخطيب البغدادي) or "the lecturer from Baghdad" (10 May 1002 – 5 September 1071; 392 AH-463 AH), wa ...
(d. 463/1072) recorded his father as being a rose-water seller. Growing up he was able to learn Fiqh (Islamic Jurisprudence) 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. 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 emirs and charged him with the task of writing his treatise on "The Ordinances of the Government (al-ʾAḥkām as-Sulṭānīyah)." 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) * ''Personas of the Prophethood

* ''al-Nukat wa’l-ʿuyūn fī tafsīr al-Qurʾān'' popularly ''Tafsir Al-Mawardi''


Jurisprudence

According to Wafaa H. Wahaba, "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
he Ordinances He or HE may refer to: Language * He (pronoun), an English pronoun * He (kana), the romanization of the Japanese kana へ * He (letter), the fifth letter of many Semitic alphabets * He (Cyrillic), a letter of the Cyrillic script called ''He'' in ...
placed on the qualifications, power and duties pertinent to given office of government.. This approach to the matter would explain the working arrangement finally reached by the Buyids and the Abbasid caliphs, later followed also by the more efficient
Seljuq Seljuk or Saljuq (سلجوق) may refer to: * Seljuk Empire (1051–1153), a medieval empire in the Middle East and central Asia * Seljuk dynasty (c. 950–1307), the ruling dynasty of the Seljuk Empire and subsequent polities * Seljuk (warlord) (d ...
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."Introduction to "The Ordinances of Government", trans., Wafaa H. Wahaba (Lebanon: Garnet Publishing, 1996), xv. Al-Mawardi postulated in his book ''Al-Ahkam al-Sultania w'al-Wilayat al-Diniyya'', That according to
Shafiite The Shafii ( ar, شَافِعِي, translit=Shāfiʿī, also spelled Shafei) school, also known as Madhhab al-Shāfiʿī, is one of the four major traditional schools of religious law (madhhab) in the Sunnī branch of Islam. It was founded by A ...
ruling, an unclaimed land property could be freely given by Islamic government to particular individual whom they saw can cultivate and process the land plot so it can became productive land. Mawardi based this ruling on the case when Muhammad given ' Iqta''(taxable land) plot for Zubayr ibn al-Awwam who designed the property for horse riding training ground. This view also shared by 20th century Shafiite scholar, Wahbah al-Zuhayli, who highlighted that Zubayr ownership were legal per ruling of Shafii.


See also

*
Islamic scholars In Islam, the ''ulama'' (; ar, علماء ', singular ', "scholar", literally "the learned ones", also spelled ''ulema''; feminine: ''alimah'' ingularand ''aalimath'' lural are the guardians, transmitters, and interpreters of religious ...
* Nasîhatnâme


Appendix


References


Bibliography

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External links


ABU AL-HASAN AL-MAWARDI


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Kitab adab al-dunya wa-al-din
1882, by Mward, Al ibn Muammad, 974?-1058 * {{DEFAULTSORT:Mawardi 972 births 1058 deaths 11th-century jurists 11th-century people from the Abbasid Caliphate Islamic mirrors for princes People from Basra Political philosophy in medieval Islam Shafi'is Scholars from the Abbasid Caliphate