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THE Ordinances of Government

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THE Ordinances of Government 1 s I ,» i i iu G r c a I It o o k m c C-'i v i 1 z ;h n The Center for Muslim Contribution to Civilization THE Ordinances OF Government Al-Abkarn ai-Sidldniyya w 'ni- Wildydt al-Dlnlyya Al-Mawardi AhleSunnah Library ( nmusba.wordpress.com ) al-Ahkam as-Sultaniyyah The Lows of Islamic Governance by Abu'l-Hasan 'Ali ibn Muhammad ibn Habib al-Basri al-Baghdadi al-Mawardi (d. 450 AH) Translated by Asadullah Yate PhD ab Ta-Ha Publishers Ltd. 1 Wynne Road London SW9 0BB United Kingdom Contents Foreword 5 Introduction 7 Chapter 1, The Contract of Imamate 10 Chapter 2, The Appointment of Wazirs 37 Chapter 3, Establishing Amirate in the Provinces 48 Chapter 4, The Amirate of Jihad 57 Chapter 5, Command of Wars Waged for the Public Good 83 Chapter 6, The Administration of the Judiciary 98 Chapter 7, Judicial Redress 116 Chapter 8, The Niqabah Tribunal for those of Noble Lineage 144 Chapter 9, The Imamate of the Prayer 150 Chapter 10, The Administration of the Hajj 160 Chapter 11, The Administration of the Zakah 168 Chapter 12, The Division of the Fay and the Ghaneemah 186 Chapter 13, The Imposition of the Jizyah and the Kharaj 207 Chapter 14, The Different Statuses of the Regions 227 Chapter 15, Reviving Dead Lands and Drawing Water 252 Chapter 16, Reserves (hima) and Common Lands 263 Chapter 17, Grants and Concessions 270 Chapter 18, The Diwan and the Rulings Governing It 282 Chapter 19, Rulings Governing Criminal Actions 309 Chapter 20, Public Order (hisbah) 337 Glossary 363 Index 373 Foreword Al-Ahkam as-Sultaniyyah of ' Ali ibn Muhammad al-Mawardi is an important handbook written in the fifth century A.H. covering all the various aspects of the deen of Islam which are the concern and responsibility of the Khalifah, his amirs, his wazirs (ministers) and deputies. The rights and duties of these persons are expounded in detail - both as a reminder to persons already active in such capaci- ties and as a guide to those who are new to such offices. This work affords insights into aspects of the deen that have all but vanished in the twentieth century of the Christian Era - mat- ters, for example, concerning the collection and distribution of za- kah, the payment of jizyah, the management of markets, the in- spection of weights and measures and the overseeing of the mint- ing of gold and silver, the organisation of the army, its provision- ing, the distribution of booty, the management of the frontier Ribats, the management of natural resources, penal law and the appoint- ment of judges empowered to deal not only with marriages and inheritance but with all aspects of Islamic law, including the regu- lation of fiscal, financial and mercantile matters mentioned above. Each chapter and section of the work is amply illustrated by quotations from the Qur'an, the hadith and the sunnah of the Pro- phet, may the peace and blessings of Allah be upon him, and fur- ther testimony and support is given by examples of legal and politi- cal precedent from the lives of leading figures in the history of Islam. This work will provide a refreshing antidote to the teaching of modernists who, perceiving the deen of Islam to be threatened, insist on a radical rewriting of its parameters - rather than a return to the sources - as the only way forward. Al-Ahkam as-Sultaniyyah It should be noted, however, that the work (written in the First half of the fifth century A.H.) depicts a stage in the development of Islam which, even at this early date, is manifesting a strong ten- dency towards empire with all its connotations of central govern- ment and extended, at times complicated, bureaucracy: to take but two examples, the divine order to, "command the good and for- bid the evil" (Qur'an 3: 104), which at the time of the Prophet, may the peace and blessings ofAllah be upon him, was understood as a responsibility of each and every man, has now become institu- tionalised into the concept oihisbah and the obligation upon all to maintain law and order has now become the domain of the "forces of law and order," i.e. the state police. Words such as Dar al -Islam, Dar al-Harb, bait al-mal, mushrik, kafir and the like which have no satisfactory equivalents in Eng- lish, and which are quickly gaining currency amongst English- speaking Muslims globally, are used throughout the translation. For in depth definitions of their meanings, recourse should be had to the writings of Shaykh 'Abdal Qadir al-Murabit and to the works of translation undertaken under his guidance, especially, for exam- ple, his Root Islamic Education and the translations of Aisha at- Tarjumana (Imam Malik's Muwatta and Qadi iyad's ash-Shifa). A simple glossary of terms is, however, appended to this work. Dr Asadullah Yate 'And if you rule between people then rule with justice' (The Noble Qur'an, Surah al-Ma'idah: 42) Introduction In the name of Allah, the Merciful, the Compassionate, and may the peace and blessings of Allah be on Muhammad ~M and on his family and companions. The Shaykh the Imam Abu'l-Hasan al-Mawardi says: Praise belongs to Allah who has clarified the features of the deen for us, bestowed on us the gift of the clear Book, laid down the laws, and differentiated between the halal and the haram for us. Whatever He has imposed as law on this world he has stipulated for the benefit of people and by it has made firm the foundations of the Truth; He has entrusted to those in authority the best outcome regarding what has already been predetermined and has made the best judgement regarding the management of affairs: so to Him belongs all praise with respect to what He has predetermined and arranged and may His peace and blessings be on His Messenger His Prophet Muhammad, the Prophet who has executed His order and who has fulfilled His rights, and also on his family and his companions. As the laws of governance are more applicable to those in au- thority but because these latter, being occupied with politics and management, are prevented from examining these laws as they are mixed with all the other laws, I have devoted a special book to them. Thus in response to the person to whom my obedience is due in this affair, I have made known to him the madhhabs of the fti- qaha' so that he sees both that his rights are respected and that his duties are fulfilled and that he honours the dictates of justice in their execution and aspires to equity in establishing his claims and Al-Ahkam as-Sultaniyyah in the fulfilment of others' claims. I ask Allah, the Sublime, that He may grant the best possible aid and I desire of Him that He accord success and guidance by Himself and He is enough and sufficient for me. Allah, may His power be radiant, has delegated a leader to the Ummah who stands in as a successor to prophethood, and has en- compassed the affair of the nation by him; He has handed over the affair of political management to him so that management of af- fairs may proceed from the legitimate deen and so that speech may be contained in a unanimous opinion and is adopted by all the peo- ple. Imamate is thus a principle on which the foundations of the nation are established and by which the public interest of the Um- mah is maintained: by it the good ordering of matters of public interest ensures the stability of affairs in general and by it other particular or specialised administrations arise. It is therefore neces- sary to first present the rules governing Imamate before any other rule of governance and to mention what pertains in particular to an examination of these rules before any other examination of the deen so that all further rules of administration may be classified accord- ingly in their corresponding or analogous sections. This book of the laws of governance and the various adminis- trations relative to the deen is comprised of twenty chapters: I. The contract of Imamate; 2. The appointment of wazirs; 3. The establishment of amirate in a country; 4. The ami- rate of jihad; 5. Wars waged in the public interest within Dar al-Islam; 6. The administration of the judiciary; 7. The court of redress for grievances, injustices and misdeeds; 8. The niqabah-judiciary for those of noble lineage; 9. The imamate of the prayers; 10. The administration of the Hajj; II. The administration of the zakah; 12. The division of booty and plunder; 13. The imposition of the jizyah and kharaj taxes; 14. Differences injudicial practice in differ- ent regions; 15. The reviving of abandoned or "dead" land and water resources; 16. Reserves (hima) and places of com- munal use; 17. Laws governing grants of land and conces- Introduction sions; 18. The establishment of the diwan and its rules; 19. The laws governing crime and wrongdoing; 20. The laws governing public order (hisbah). Chapter 1 The Contract of Imamate Imamate is prescribed to succeed prophethood as a means of protecting the deen and of managing the affairs of this world. There is a consensus of opin- ion that the person who discharges the responsibilities of this position must take on the contract of Imamate of the Ummah - although Asam, exception- ally, differs in this matter. There is a difference of opinion, however, as to its obligation, that is, as whether it is obligatory for rational reasons or because it is prescribed in the shari'ah.
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