al-Mawardi

Ali ibn Muhammad ibn Habib (Arabic: علي إبن محمد إبن حبيب, romanized: ʻAlī ibn Muḥammad ibn Ḥabīb; c. 974–1058), commonly known by the nisba al-Mawardi (Arabic: الماوردي, romanized: al-Māwardī), was a Muslim scholar, jurist and philosopher

al-Mawardi

Abu al-Hasan Ali ibn Muḥammad ibn Habib al-Basri al-Mawardi
أبو الحسن علي بن محمد بن حبيب البصري الماوردي
Abbasid Chief Judge
In office
1000s–1058
Abbasid official and Diplomat
In office
1031, 1037,
1042, 1043
Personal
Born
Ali

c. 972
Basra, Iraq
Died27 May 1058
(30 Rabi'a 450 AH)
Baghdad, Abbasid Caliphate (now Iraq)
ReligionIslam
ChildrenHasan
ParentMuhammad ibn Habib
EraIslamic Golden Age
(Later Abbasid era)
RegionIraq
DenominationSunni
CreedShafi
Main interest(s)Aqidah, (Islamic theology), Tawhid, Islamic jurisprudence
Notable work(s)
  • For his treatise on Ordinances of the 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
Known forWorks on Religion, Government, the Caliphate, and Public and constitutional law during a time of political turmoil.

Al-Mawardi was born and raised in Basra where he studied Islamic jurisprudence from jurist Abu al-Wahid. He later settled in Baghdad to learn advanced Islamic studies under tutelage of Abd al-Hamid. After finishing studies, al-Mawardi was appointed aqda al-qudat ("supreme judge") of the Abbasid Caliphate. He maintained close relations with caliphs al-Qadir (r. 991–1031) and al-Qa'im (r. 1031–1075) and sought to restore Muslim unity by negotiating with the Buyid emirs and Seljuk sultans.

Biography

Al-Mawardi was born in c. 974 in Basra, then part of the Buyid Emirate. Some authors make the claim that his family was Kurdish,[1] a claim which is unsubstantiated.[2]

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.[3]

Works
  • al-Ahkam al-Sultaniyya 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 [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."[4]

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.[5] This view also shared by 20th century Shafiite scholar, Wahbah al-Zuhayli, who highlighted that Zubayr ownership were legal per ruling of Shafii.[6]

See also

Appendix

References
  1. Abul-Fazl Ezzati, The Spread of Islam: The Contributing Factors, ICAS Press (2002), p. 384
  2. Library of Congress: Rules for Governing. accessed September 2016.
  3. C. Brockleman"al-Mawardi" in the Encyclopedia of Islam 2, vol. 6, p. 869.
  4. Introduction to "The Ordinances of Government", trans., Wafaa H. Wahaba (Lebanon: Garnet Publishing, 1996), xv.
  5. Mujahidin 2017, p. 8-9.
  6. Al-Zuhayili (2021, p. 527)

Bibliography
  • 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.
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