Muhammad al-Mawardi: “On Qadis”

About the Author

Abu al-Hasan ‘Ali ibn Muhammad al-Mawardi, known in medieval Europe as Alboacen, was born in 974 in Basra, Iraq, the son of a seller of rosewater. He studied jurisprudence, first in Basra under Abu al-Wahid al-Simari and then in Baghdad under ‘Abd al-Hamid, and ‘Abdallah al-Baqi. After finishing his studies, he obtained a position as a qadi. In that capacity he served various cities of the Abbasid Empire before returning to Baghdad, where he was appointed chief qadi. Al-Mawardi also served as a counselor for two Abbasid caliphs, al-Qadir, who reigned from 991 to 1031, and al-Qa’im, and as an ambassador for al-Qa’im. Al-Mawardi wrote prolifically on a variety of subjects, including literature, language, and religion. However, his best-known works are those on political theory, in particular, Kitab al-ahkam al-sultaniyya (Ordinances of Government), in which he describes the necessary conditions and requirements for properly managing an empire. Additionally, he wrote Qanun al-wazarah (Laws regarding Ministers), Kitab nasihat al-mulk (The Book of Sincere Advice to Rulers), and Kitab aadab al-dunya wa al-din (The Ethics of Religion and of This World). He is thought to be one of the originators of the so-called doctrine of necessity, a concept in jurisprudence that says that extreme necessity can render legal something that previously had been considered illegal; this doctrine has been invoked as recently as 1985 in trials in Islamic countries.