ABU AL-HASSAN AL-MAWARDI

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972-1058 C.E
364-450 H
Al-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.

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 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.

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 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.

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 Basic idea
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Daulah:

 To ensure peace: Features:

 Practiced religion
 Strong authority
 Comprehensive justice
 General security
 Continuous prosperity
 Hope for future

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 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

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 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

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 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.

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 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:

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 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.

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 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.

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 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

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 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

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 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

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 Conclusion
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Supporter of the doctrine of necessity

Institution of Caliphate or Imamate is very

important and required by Syariah.

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