Abual Hassan Ben Muhammad Ben Habib Al-Mawardi born in 974 A.C. and expires in Baghdad in 1058 A.C. He worked as teacher and then was appointed as judge. Al-Mawardi was a well known judge of Baghdad. When he was offered the office of Chief justice, he denied accepting the offer by saying people than him to work as CJ.
He wrote many books including Kitaab Al Ahkaam Al-Sultania, Tafseer, Nishat al Maluk, Qawaneen ul Wazarat and adab al Qazi etc.
Theory of Caliphate or Imamate:-
Al Mawardi is a Muslim philosopher. Therefore, he presents his theory of imamate within the limits of Shariah. Mawardi says that Allah has laid down laws in order that issues might be satisfactorily and principles of right ,truth and goodness may be widely known. Allah has given as trust the control of his creatures to various governments so that the administration of the world might be properly carried on.
According to Al-Mawardi Imamat is the base on which the rules and regulations of the community depend. Mawardi says that the real motive of the institution is to follow the straight path and to strengthen the political bonds.
Main Features of his concept of Imamat are as under:
Requirements of Shariah: Al-Mawardi says that the institution of Imamat is the need of Shariah and not of reason. Through this Institution Allah almighty want to run the early administration in a proper way.
Al-Mawardi is of the opinion that imamate or Caliphate is to represent the mission of Hazrat Muhammad (PBUH). This institution is to save Islam from the destructive propaganda. Caliphate is the institution, which is the result of the versus of the Holy Quran. Quran stresses an ideal society where there is dominance of good over evils and where there is general obedience of the laws of Allah.
The holy Quran is not to answer the question whether there is any need of Imamate? According to Al-Mawardi the need is proved either by consensus or reason. Quranic Verses give us general principles i.e.
• ‘’Obey Allah, obey the prophet (PBUH) and the ruler from amongst you.’’
• ‘’The Muslims should settle their affairs by mutual consultation.’’
• The Quran commands the Prophet (PBUH) to consult the Muslims in state affairs.
So he is to conclude from these verses that Imam is allowed to nominate the members of Shura. But in practice the early period of Islamic state and modern thought is to oppose his view. Al-Mawardi holds that the Holy Quran says nothing about this institution but it is the result of consensus.
There is flexibility in Islam and this issue has been left to the Muslims community to decide.
Election of the Imam: Al-Mawardi advocates that it is very important to elect someone as imam through the consensus of the community. Mawardi is to describe the qualification of the voters. He ignores artificial factors like age, Property and residence etc but those who can distinguish between good and bad, between right and wrong and between the wise and poise.
Election procedure is:
1) People are to elect Imam Through consensus.
2) The existing Imam is to nominate his successor.
No Absolutism in Caliphate: Al-Mawardi after studying history concludes that the forty years of Pious Caliphate represented the Islamic democracy. The fundamental principles of Caliphate remained unchanged and in working condition. There was no idea of absolute caliphate. Al-Mawardi is right to say that Caliphate was a responsible institution because basic elements of democracy were there. After the period of the Pious Caliph, Caliphate converted into monarchy.
Comments:
Although Al-Mawardi was not a political philosopher and he did not the basics of the constitution but his theory of caliphate is of prime importance. It paved way for further research. it appreciated the period or pious caliphs. A problem in his idea is that Al-Mawardi stresses on the rights and prerogatives of the caliphs but ignores rights and obligations of the people.
Concept of imam or caliph or sovereign
Mawardi’s political philosophy revolves around his concept of imamate. The first chapter of his book, kitaab Al-Ahkam Al Sultania is to tell us about the sovereign of Imam. Al-Mawardi used the term ‘Imamate’ for the term ‘Caliphate’ and the term ‘imam’ for ‘Caliph’. He describes method of appointment, powers, qualities and method of deposition of imam. He says an imam is to run state’s political and social administration but within the limits of the divine laws. Imam is the highest leader fully obeyed and supported by the people of his state. Societies are need of such leaders who are trustworthy and who are supported by all the people of the state. Such a person is called imam or sovereign. Al-Mawardi is of the view that the office of imam established after the pouse caliphs. Al-Mawardi says various factor made this institution controversial. E.g. what will be the qualities of imam? Which family or tribe is suited for this office? Is it specific for a particular family or race? These questions are responsible for the sects in Islam. A group specially Shiats or of the view that is a specific right of a particular family and is a hereditary institutions another group says that it is specific Quraish. While a third group supported by Al-Mawardi is of the opinion that any person may be appointed as imam. But on the bases of his qualities and merit.
Al-Mawardi is of the view that imam is must because to maintain justice in the state and to differentiate good and bad. Imam is a natural need of a state to organize the society and to solve mutual differences.
Qualification of imam:
A candidate for this office should have the following qualities:
Male: Al-Mawardi says only male are allowed to be imam of an Islamic state. Female is not in position to become imam.
Adult: only adult and man of conscience is allowed to contest this office.
Free: according to Al-Mawardi, only free citizens are allowed to be imam. Slave, even if they are free, are not allowed.
Man of character: a man of high character with soft and clean heart should world as imam. His character must be exemplary. If there is only a small stigma in the character of the candidate, it pollutes purity of human conscience. It is to produce vagueness in the bright of human heart.
Man if justice: a ruler must be proponent of justice. A cruel person is neither in position to give rights to his people now can protect their rights.
Not miser: a miser person is always coward. Therefore, only those who are not misers are to contest for this office.
Brave: imam must be brave. A coward or weak person is never in position to fight with social and political evils and events. He is not in position to face up downs.
Stable: it is an important quality of a good ruler that he must be stable in his decision and governing. An instable person cannot become a good ruler. The person who feels fear cannot prove himself a good leader.
Neutral temperature: statesmanship is an art that is in need of a neutral and cold-mined person. An emotional person is not in position to handle difficult situations.