Abū al-Ḥasan ʿAlī Ibn Muḥammad al-Māwardī (Arabic: أبو الحسن علي بن محمد بن حبيب البصري الماوردي, romanized: Abū al-Ḥasan ʻAlī ibn Muḥammad ibn Ḥabīb al-Baṣrī al-Māwardī), known in Latin as Alboacen (972–1058 CE), was an Islamic jurist 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 over several districts near Nishapur in Iran, and Baghdad itself, al-Mawardi also served as a diplomat for the Abbasid caliphs 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.
Abu al-Hasan Ali ibn Muḥammad ibn Habib al-Basri al-Mawardi
أبو الحسن علي بن محمد بن حبيب البصري الماوردي
|Abbasid Chief Judge|
|Abbasid official and Diplomat|
|Died||27 May 1058 |
(30 Rabi'a 450 AH)
|Parents||Muhammad ibn Habib|
|Era||Islamic Golden Age |
(Later Abbasid era)
|Main interest(s)||Aqidah, (Islamic theology), Tawhid, Islamic jurisprudence|
|Known for||Works on Religion, Government, the Caliphate, and Public and constitutional law during a time of political turmoil.|
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 (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.
- 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
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 [The Ordinances] placed on the qualifications, power and duties pertinent to [a 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 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."
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''(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.
- Abul-Fazl Ezzati, The Spread of Islam: The Contributing Factors, ICAS Press (2002), p. 384
- Library of Congress: Rules for Governing. accessed September 2016.
- C. Brockleman"al-Mawardi" in the Encyclopedia of Islam 2, vol. 6, p. 869.
- Introduction to "The Ordinances of Government", trans., Wafaa H. Wahaba (Lebanon: Garnet Publishing, 1996), xv.
- Mujahidin 2017, p. 8-9.
- Al-Zuhayili (2021, p. 527)
- Mujahidin, Mujahidin (2017). "Konsep Iqtha' Pemberian Tanah Kepada Masyarakat Dalam Pemikiran Ekonomi Al-Mawardi (Studi Kitab Al-Ahkam Alsultaniyyah)" [Iqtha Concept of Giving Land to the Communityh in Economic Thinking of Al-Mawardi (Study of the Kitab Al-Ahkam Alsultaniyyah)]. Al Amwal Journal of Islamic Economic Law. 2 (1): 1–17. doi:10.24256/alw.v2i1.535. Retrieved 6 November 2021.
- Al-Zuhayili, Wahbah (2021). Fiqih Islam wa Adilatuhu Jilid 6 Jaminan (al-Kafaalah); Pengalihan Utang (al-Hawaalah); Gadai (ar-Rahn); Paksaan (al-Ikraah); Kepemilikan (al-Milkiyah) (in Indonesian). Gema Insani. p. 527. ISBN 9786022508892. Retrieved 21 November 2021.