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The Ordinances of Government: Al-Ahkam As-Sultaniyyah W'at Wilayat Al Dinniyya (Great Books of Islamic Civilization)
 
 
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The Ordinances of Government: Al-Ahkam As-Sultaniyyah W'at Wilayat Al Dinniyya (Great Books of Islamic Civilization) [Paperback]

Al-Mawardi , Wafaa Wahba

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Abu al-Hasan al-Mawardi was a 10th-century jurist who wrote on many subjects, including Qur'anic interpretations, religion, government, public and constitutional law, language and ethics. This is the first English translation of one of his key texts.

From the Publisher

Long recognised as a classic in its field.
Abu al-Hasan al-Mawardi, the son of a rose-water merchant, lived in Basra from 974 to 1058AD, a time of political turmoil. Despite ongoing disputes between the Abbasid caliphs and the military powers of the Shi‘ite Buyids, al-Mawardi held the respect of both parties and was often called on to mediate between them. He served as a judge in several districts and was commended as a judge par excellence. He wrote on many subjects, including Qur’anic interpretations, religion, government, public and constitutional law, language, ethics and belles-lettres. His method of working was as an independent thinker, quoting different viewpoints, discussing their merits, and putting forward his own conclusions. The Ordinances of Government is believed to have been written under commission from one of the caliphs of Baghdad, as indicated in the author’s preface. It has long been recognised as a classic in its field, much discussed by Arab authors and orientalists, quote in courses on Islamic law and government. It contains insights into key issues of Islamic law, including the appointment of sovereigns, officials, judges and military commanders, and their rights, responsibilities and duties; fighting apostates, insurgents and brigands; dividing the spoils of war; boundaries between countries, land reclamation and water supplies; land enclosure, tithes, taxes and alms; crimes and punishments; fornication, theft, drinking and adultery.

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Amazon.com:  2 reviews
3 of 3 people found the following review helpful
Provides clear understanding 24 Aug 2009
By Alyssa A. Lappen - Published on Amazon.com
Format:Paperback
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
1 of 1 people found the following review helpful
a 700 year old gem not well known 30 Sep 2010
By qasim - Published on Amazon.com
Format:Paperback
The previous poster focusses mostly on the Islamic State's duty to protect itself and matters related to Jihad... One can understand the importance of that considering the fact that when Muslims were negligent in this duty, they suffered under the Crusaders and the Mongols... This book has a lot more to offer the readers... The book was written 700 years ago and shows how Islam creates an order that is a lot more than mere religious rituals... This is missed by a lot of people when they think of Islam as a religion only whereas this book proves above everything else that Islam is more than just a religion... rather it is an ideology...

Recommended reading...

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