Readers interested shari'a doctrines must read this text by Al-Mawardi (d. 1058), establishing the legal code by which countless Islamic rulers have acted. Moderate scholars even today today proclaim that these laws remain in force.
These 20 chapters cover everything from how to appoint an imam, impose land and poll taxes on conquered peoples and divide booty and slaves. They also define the realm of jihad and explain how wars may be waged for the public good. Finally they discuss rulings that govern criminal actions.
Upon opening, Mawardi discusses the establishment of "imamate," which he considers necessary to determine rules over Muslims. He writes that the appointed imam must be obeyed --- and followed whether good or bad. Following the good, Mawardi observes, rewards both good people and leaders in the next life. Following bad leaders, he concludes, rewards followers and somehow (inexplicably) punishes the offensive leaders. (p. 11)
Furthermore, Mawardi notes, once the "obligation" has been established, following the imam is incumbent on all Muslim believers, socially and collectively. He equates this rule with the mandate that all believers also practice "jihad and the acquisition of knowledge." Mawardi explains that the imam's seven requirements include "courage and bravery enabling them to defend the territory of Islam and to mount jihad against the enemy," to pursue perpetual jihad.
Chapter 4, on the Amirate of Jihad, is especially enlightening. Here Mawardi details wartime efforts required against non-believers. Men and horses must be treated with kindness, Mawardi contends, and warriors must attend battle both "light and heavy and fight with your wealth." Moreover, Mawardi instructs followers to ensure that these men are "vigorous and brave and aware that [they] will not fail...." In other words, if believers cannot win the war, then Mawardi writes that God forbids them to fight. Mawardi observes that sharia doctrine requires believers to engage only in wars they can win. (p. 64)
Mawardi also teaches that Muslims must fight those people invited to Islam who rejected it. He instructs fighters "to harry [them] from their houses and to inflict damage on them day and night, by fighting and burning; or else to declare war and combat them in ranks...." If Muslims attack and kill people not yet invited to Islam, Mawardi instructs them to pay "blood money," (p. 60) albeit with lesser amounts than required for Muslims who have been killed.
Mawardi instructs jihad fighters a) not to retreat before an army twice as large, b) to fight for victory, to c) share war spoils among Muslims and d) not to allow preferences for relatives in dividing the spoils. (pp. 70-73) Mawardi notes that all four actions must also accompany prayers to annihilate the "the enemies of Allah...."
Readers definitely obtain a clear understanding of sharia law.
---Alyssa A. Lappen