Al-Mawardi
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Abū al-Ḥasan ʿAlī Ibn Muḥammad al-Māwardī (), known in
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
as Alboacen (972–1058 CE), was an Islamic jurist of the
Shafi'i 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 ...
school A school is an educational institution designed to provide learning spaces and learning environments for the teaching of students under the direction of teachers. Most countries have systems of formal education, which is sometimes comp ...
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 districts near Nishapur in
Iran Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
, and
Baghdad Baghdad (; ar, بَغْدَاد , ) is the capital of Iraq and the second-largest city in the Arab world after Cairo. It is located on the Tigris near the ruins of the ancient city of Babylon and the Sassanid Persian capital of Ctesiphon. I ...
itself, al-Mawardi also served as a diplomat for the Abbasid caliphs al-Qa'im and
al-Qadir Abu'l-Abbas Ahmad ibn Ishaq ( ar, أبو العباس أحمد بن إسحاق, Abu'l-ʿAbbās Aḥmad ibn Isḥāq; 947/8 – 29 November 1031), better known by his regnal name al-Qadir ( ar, القادر بالله, al-Qādir bi’llāh, Made po ...
in negotiations with the
Buyid The Buyid dynasty ( fa, آل بویه, Āl-e Būya), also spelled Buwayhid ( ar, البويهية, Al-Buwayhiyyah), was a Shia Islam, Shia Iranian peoples, Iranian dynasty of Daylamites, Daylamite origin, which mainly ruled over Iraq and central ...
emir Emir (; ar, أمير ' ), sometimes transliterated amir, amier, or ameer, is a word of Arabic origin that can refer to a male monarch, aristocrat, holder of high-ranking military or political office, or other person possessing actual or cer ...
s. 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 Basra ( ar, ٱلْبَصْرَة, al-Baṣrah) is an Iraqi city located on the Shatt al-Arab. It had an estimated population of 1.4 million in 2018. Basra is also Iraq's main port, although it does not have deep water access, which is ha ...
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 (d. 463/1072) recorded his father as being a rose-water seller. Growing up he was able to learn
Fiqh ''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and ...
(Islamic Jurisprudence) from Abu al-Wahid al-Simari and subsequently took up his residence in
Baghdad Baghdad (; ar, بَغْدَاد , ) is the capital of Iraq and the second-largest city in the Arab world after Cairo. It is located on the Tigris near the ruins of the ancient city of Babylon and the Sassanid Persian capital of Ctesiphon. I ...
. While both Basrah and Baghdad were centers of the
Mu'tazila Muʿtazila ( ar, المعتزلة ', English: "Those Who Withdraw, or Stand Apart", and who called themselves ''Ahl al-ʿAdl wa al-Tawḥīd'', English: "Party of ivineJustice and Oneness f God); was an Islamic group that appeared in early Islami ...
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 A qāḍī ( ar, قاضي, Qāḍī; otherwise transliterated as qazi, cadi, kadi, or kazi) is the magistrate or judge of a '' sharīʿa'' court, who also exercises extrajudicial functions such as mediation, guardianship over orphans and mino ...
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 Abu'l-Abbas Ahmad ibn Ishaq ( ar, أبو العباس أحمد بن إسحاق, Abu'l-ʿAbbās Aḥmad ibn Isḥāq; 947/8 – 29 November 1031), better known by his regnal name al-Qadir ( ar, القادر بالله, al-Qādir bi’llāh, Made po ...
also entrusted al-Mawardi as a diplomat in a negotiation with the
Buyid The Buyid dynasty ( fa, آل بویه, Āl-e Būya), also spelled Buwayhid ( ar, البويهية, Al-Buwayhiyyah), was a Shia Islam, Shia Iranian peoples, Iranian dynasty of Daylamites, Daylamite origin, which mainly ruled over Iraq and central ...
emir Emir (; ar, أمير ' ), sometimes transliterated amir, amier, or ameer, is a word of Arabic origin that can refer to a male monarch, aristocrat, holder of high-ranking military or political office, or other person possessing actual or cer ...
s 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 Ordinancesplaced 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
Buyid The Buyid dynasty ( fa, آل بویه, Āl-e Būya), also spelled Buwayhid ( ar, البويهية, Al-Buwayhiyyah), was a Shia Islam, Shia Iranian peoples, Iranian dynasty of Daylamites, Daylamite origin, which mainly ruled over Iraq and central ...
s and the
Abbasid The Abbasid Caliphate ( or ; ar, الْخِلَافَةُ الْعَبَّاسِيَّة, ') was the third caliphate to succeed the Islamic prophet Muhammad. It was founded by a dynasty descended from Muhammad's uncle, Abbas ibn Abdul-Muttalib ...
caliphs, later followed also by the more efficient Seljuqs, 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 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' An iqta ( ar, اقطاع, iqṭāʿ) and occasionally iqtaʿa ( ar, اقطاعة) was an Islamic practice of tax farming that became common in Muslim Asia during the Buyid dynasty. Iqta has been defined in Nizam-al-Mulk's Siyasatnama. Administrat ...
'(taxable land) plot for
Zubayr ibn al-Awwam Az Zubayr ( ar, الزبير) is a city in and the capital of Al-Zubair District, part of the Basra Governorate of Iraq. The city is just south of Basra. The name can also refer to the old Emirate of Zubair. The name is also sometimes written ...
who designed the property for horse riding training ground. This view also shared by 20th century Shafiite scholar,
Wahbah al-Zuhayli Wahbah Mustafa al-Zuhayli (1932 – 8 August 2015) born in Dair Atiah, Syria was a Syrian professor and Islamic scholar specializing in Islamic law and legal philosophy. He was also a preacher at Badr Mosque in Dair Atiah. He was the author ...
, who highlighted that Zubayr ownership were legal per ruling of Shafii.


See also

* Islamic scholars * Nasîhatnâme


Appendix


References


Bibliography

* *


External links


ABU AL-HASAN AL-MAWARDI


* *
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