Tuesday 31 July 2012

Imam Mawardi Abolhassan


Imam Mawardi Abolhassan .. Separation between law and politics

Imam Mawardi Abolhassan
Imam Mawardi Abolhassan

◄ confirmed that the judgment depends on reason and justice, saying: a picture of reason and justice, and has baptized the earth and the kingdoms and the subjects lost

◄ opined that ownership of entitlement to those who farmed the land without the permission of the Governor and approved the State's right in some property nationalized under the principle of public benefit

Wise, knowing the amount of speech, meaning, writer, find Almothorat literary and verses Mnsabh on his tongue and his pen like a part of it, part of which, eloquent, summarizes in a sentence what others are saying in the book, the world and maintained and updated and jurist, carrying the banner of the jurisprudence of the Shafi'i school was one of the best Njbaúh , called the Boqdy judges to great stature and strength of character and effectiveness of its impact on society, known as the kings and know it, but it does not allow himself to melt in the company of the king, does not allow for one that plays with his standing scientific and religious, know the value of reason and venerated, and prepared as virtue, and the fountain of literature, and repeating to say that God God made him «of religion already and minimum pillar» and cites that the assignment can only be for the entire mind, and has masterminded the world and was moderated by the combination of his creation with different Hmmanm and their goals, saves of the conversations confirming that the mind is the basis of the Adamic and adornments «gained one like mind to guide the owner guidance and to return it for something pink every pillar and the pillar of the work of one mind », as alleged by the words of Almighty:« Had we but listened or pondered, we should in the flames »and says: the best talent of reason and ignorance, the evil of calamities.

Is Abolhassan Ali bin Mohammed bin Habib visual Mawardi was born in Basra in 364 AH and died in the year 450 AH, his interpretation of Maori, and the book «literature of life and religion», and «provisions Bowl», and author of the book Taoist great in the jurisprudence of Shafi'i, one of the most important and largest references to this doctrine the Great, and most of all this is the creator of science policy of the Islamic and the owner of the analyzes and Altnzirat civil, which are close in its modernity, flexibility, and enforceability of the currents of contemporary political, and elaborate written biography, history and biographies in the stated advantages of this man, so that «Ibn Kathir» says his in the beginning and the end: «famous dream and grouper, literature, and refraining from others question his companions did not see his arm days of age and the severity of the progress of literature».

This is the Maori, who prepared jurists jurist diligent, and prepared the people of modern up to date confident, and prepared by the politicians see them first and the bearer of the banner of leadership, and in the real began delinquency to the political writings in the fourth and fifth centuries AH and writing books with the dye social, which govern the relationship between the ruler and the ruled a phenomenon worth study, he wrote dozens of scholars and historians talk a trend real about reform of society politically, you see a trend like this at Amri and Jouini and Ibn Qutaiba Aldenyory, and al-Farabi and Ghazali, Ibn Tabataba, and many others, and I think that the reason for the spread of this trend is the beginning of the emergence of schisms's major Islamic state, one hand contributed to ease the grip of the referees on the book, scholars and intellectuals, on the other hand seemed an urgent need for such literature scholars to sense the danger of dissipation of the Islamic nation and sought hard to recast the relationship between the ruler and the ruled and Taeselha.

It seems to me that there is a reason for all this activity, political jurisprudence, is that the nation's scientists and thinkers may Oiguenoa they have fallen in the traps rulers who were investing sectarian differences to consolidate the foundations of their rule to find each governor justified its existence legitimate as the protector of doctrine, it has been seen in the era of imams adults «Abuhanifh and Malik, Shafi'i, Ibn Hanbal» How do they respect each other, and how they were weaned at the hands of each other, but that's what did not last, and soon turned sectarian division into a tool to foment discord and throw accusations, which affected many scholars and imams, they failed Abuhanifh and Shafie Shiism, and also accused Malik and Ibn Hazm, that they «Nasbeyen» who Anasabon Imam to hostility, as long Maori himself told him that «Matzly» because it works the mind, a charge denied by the Khatib Baghdadi's «great history» and one of his students, which is what he found rulers a good opportunity to distraction people about things political Ptnahrat like Ptnahr teams the ball in our days, as led the football wars and conflicts, led fanaticism also for such strife and unrest, and soon Muslim community to get rid of some of the effects rift great, even took place in the strife doctrines, instead of to become doctrines Faqih ways to understand the religion and Altfgah it became a game in the hands of those who want to rule over the country and ordered the slaves, which he turned to the nation's scholars and jurists Vugeoa helm of diligence on the organization of governance and guidance of the ruling may God tends Sultan does not tend faith.

And tells us «era Mawardi» on it on the Muslim community of rivalry and fighting and strife, Valkhalifh Abbasi, who was the source of power of the state and place of Fajarha become a game in the hands of the Turks once and in the hands of the Persians and the Daylami again, as witnessed this era many of the incidents bitter that led to the disintegration community and untargeted, walked conditions from bad to worse, became irregular conditions of the soldiers, and the increased influence of the Turks, and increased the temptation and the rumors and conspiracies, whether from within or from abroad, and increased clashes between Sunnis and Shiites, and signed the discord between the Hanbali and Ash'aris, and another between the Christians and the Hashemites, and in the early era of Maori signed sedition Qaramita and Mzbanhm major in Kufa, and in the waning days of Maori saw the intensification of the influence of the call esoteric at the hands of Hasan bin Sabah, and also saw the occurrence of discord between the Daylami and the Turks, the Turks and the Hashemites, and abounded wars between the princes of the state Albuehih which was controlled by the Abbasid caliphs.

Saw Mawardi How have strife between Shiites and Sunnis to the burning of markets and bloodshed in the streets and the suspension of the bodies on vaults, also saw the deployment of the Hanbali terror in the hearts of the people until the Ash'aris are late for Friday prayers, for fear of Hanbali, also saw how to explode temptation religious among Muslims and Christians to the degree that Christian made the hit and killed a Muslim, Vtthor enraged Muslims and Christians Itahjmon the houses and burn their churches for holding the Koran in the market, these incidents and others made the mind of Maori jurisprudence becomes inflamed, to watch over the days and nights, taking political books.

Saw Mawardi How seized sultans and caliphs to govern prosecutors are keen to establish Sharia and the support of the poor, and not the law are held or poor triumph, and saw how the lack of princes is full, and houses for the poor desolate, Fastaan ​​God to write the Constitution of the Islamic state, which sees and wants to achieve, and in fact could not have Maurdy of that goes on in this great project, but because he was second to none diligent mind and would take into account the provisions of the circumstances and conditions, Verwey him that one of the militants said to him one day: you do not devise follow-Sheikh, said to him, which is full of confidence: I strove, but not imitate. He was certain that human nature is the Islam that incites people to follow the instincts, saying that common sense backs the virtues and Tstqbh vices, stressing that God «made to the scientists to devise what drew attention to the meaning of the Qur'an, and pointed to the origins diligence when» and this reason flying without him the industrious investigation of the meaning «God raises you who believe and those who were given science degrees».

It was not the Maurdy to come as much as they came from the writings and interpretations, but because it was independent judges, know when to sit with the rulers, and when moving away from them, and when the fit between the princes and when to stand up to them, which indicate reading the biography of Imam al-Mawardi that he was «statesman» the modern sense of the word, if the princes Iustonh rivalry among themselves, and if the soldiers disobey tempered Forthm.

But nevertheless he was very very proud to take care of himself with his knowledge, and attributed to him that he said:
In ignorance of death before the death of his family without Vojdzisamanm graves graves
The order did not Yahya science until his chest is no resurrection resurrection
The story goes to demonstrate pride in his knowledge and his defense of him that the King Jalal State Ben Bouet asked the Caliph to increase in titles Belk «Shahanshah» any king of kings, hypothetical caliph and called him the Senate on the platforms that title, which aroused the resentment of some scholars, led by Maori, because it does not one may Atlqub this title but God, which raised the revolution people by extension, to bury the wrath of people rushed «Jalal State» to the scholars to obtain an whom the fatwa authorizing his Allqub this title, Vtauah a number of scholars such as Chimry Hanafi and Abuataib Tabari, and the sheikh scholars Hanbali Tamimi, But the Maori refused to accept, and stresses that in spite of that was between him and «Jalal State» the respect and affection.

«Literature Adban, Literature law and literature policy, Vadb law resulting in enforcement, and literature policy what age of the Earth, both due to the Justice by whom the safety of the Sultan and Architecture countries, because it left hypothesis has wronged himself, and ruined the land has wronged others» .. So-called Maori cried, high in his book Literature and lower debt and taking that sentence, the first signs of approach to the separation of religion from politics, and it was all before mixing them Mzja fully, but at the same time did not ignore its history the Arab and Islamic identity, he emphasizes that justice is the protector first of the state and the ruling both, in the framework of the religious authority that regulates the relationship between a person and his Lord, his community and lay system the highest values, which keeps the community and safety, to thrown the first seed in what was known then the purposes of the law, firing an influence on many of the historians and thinkers and scholars such as Ibn Khaldun and Ghazali and splendor Bin Abdel-Salam and Shatby.

And puts Maori founded Salah society in «literature of life and religion», saying: I know that it serve its minimum even become their conditions regularly and its affairs properly healed six things: the religion of practice, and Sultan compelling, and edit a comprehensive, and security in general, and fertility permanently, and hoped roomy »and these things six are the necessary conditions for the reform of the world, may not achieve the one where without the other and only turned the equation, Valsltan omnipotent without religion and justice becomes a tyrant, and the religion without justice is not correct, and edit without religion can not be achieved, and all this without security does not work, and without fertility, development and evolution does not communities, and enters the Maori in the midst of the controversy over the reference, which governs the Governor or the imam, says that there is a wide view that the judgment Sharia without reason, and the other says the mind without Shara, try to blend between Trahin says that Islam authorized the judgment in this matter to command the subjects that obey «guardian» who takes under the mind «in Altnasf, communicate and manage his mind does not mind other», but he nevertheless does not leave him free rein to the guardian, but defines his terms, home to the rule, the first justice, and second, science, and Thalha the safety of the senses, and the Fourth Safety Member, Fifth, good opinion, and the Sixth Acjaah Seventh be Qricia a condition in which outdated and killed scholars in search of the evidence is not obligatory speech great companion Umar ibn al-Khattab, who had wanted it to be given Salem Mawla Hudhayfah judgment, and return Maori to the requirement of justice in the Imam Ma'lea of Like the mind again, saying: It is meaning of justice to do Baluahb, settlement and knowledge is power to the right so as not to tend to one of the two, and just a mind set by God in love created by him, and justly baptized the earth and the kingdoms and cut off the people, not only that, but order the Maori that the rulers order the Shura, which reaches the Governor to the laws of the fair organization, which brings together the nation and separated by, and to ensure that spent the first enemy of humanity is tyranny.

And also recognizes the Maori authority to the Sultan and eligibility to obey people after the accord on the choice and the establishment of allegiance to him also recognizes the entitlement of people in isolation of the Sultan if change case after ascending the throne he says: If the imam as we have said of the rights of the nation has led the right of God in them and them and become obligatory to him Hakan them obedience and victory did not change the situation ... Which changed by him for the Imamate come out two things: fairness in the wound, and the shortage in his body.

Has already Mawardi this theory Flags thought Democratic European, such as John Locke and Jean Jacques Rousseau Recognizing the right of people to choose their own Governor and the right in isolated as well, and already the European community also and thinkers of international law in the developed to the ethics of war, and prohibitions for the killing of prisoners and the prevention of sabotage, not to kill the Senate and the monks and women, children and civilians from the workers and peasants.

The societal framework in Maori, he has to disclose the values ​​of fraternity and equality, even said by some researchers that the hand of socialism, was often quoted the Messenger of speech when he said: «But Bashrar tell you people? They said: Yes, O Messenger of Allah said: Whoever eats alone, and prevent the head with whip and slave, then he said: Shall I not tell people that? They said: Yes, O Messenger of Allah said: who hates people and Ibgdouna », and so is urging people to participate in the food and others also urged them to compassion and not to prevent good things, and from within the system of the virtues of the Islamic, which is approaching from the soul of socialism, which purifies Mawardi virtue not eat money unlawfully, and to fulfill promises to workers and urged the people to work, as approved entitlement ownership of the land is farmed without the permission of the prince and Imam, Mufti that Mohi Earth «any Zaraha and Muammrha» right to her from Manla, also acknowledged the Maori principle of public benefit, mufti recognize the right of the Governor to prevent the revival of the land to keep the pasture, also acknowledged the State's right to nationalize some property under the principle of public benefit, without injustice, or avoid, saying that the law allows governors to take from the rich «curiosity of their money», ie in excess of their need, and his response to them in the ordinary interests of immunization blood and Tthmar their money and faith in their ways and pay Ma'arat their enemies and suppress Zaarhm, as enjoined Imam Mawardi to the imam or ruler to help the poor and the needy and to take care of them to enjoy the live decently, as enjoined upon him to marry who can not, and the payment of debts of the poor of the house of money, says Maori in his book «Mulook »: the king should know that all the poor in Islam, and Garm, and the wayfarer, and the prisoner, and gas in the way of Allah, the poor, when _khasmaah of not being unfair to whit, and what is unjust to the slaves.

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