236 chapter six
the contention, perhaps resentment, among Muslims, over the legit-
imacy of political leadership, a contention that was fueled by the
growing power of non-Arab rulers, al-Màwardìmust have found it
necessary to begin his book with the discussion of the imamah, reli-
gio-political leadership. In line with his support of the jurisprudence
of necessity he seemed to have been in support of the idea that a
strong ruler, who is able to protect Islam and maintain the religion,
ought to be obeyed even if there was another who might have had
a more rightful claim to the political leadership—a compromise that
must have pleased the Bùwayhìd flul≈àn. He went even further to
ascertain that an unjust ruler who is able to protect religion is pre-
ferred to a just one who is not able to do so, until such time when
a ruler who is both just and powerful can be found. The alterna-
tive of “the theory of the second best” perhaps.
Al-Aœkàm, its structure, and the circumstances in which it was writ-
ten brings to mind Abù-Yùsuf ‘s Kitàb al-Kharàj. There seems to be
a similarity between the two books. Both books had been written at
the instructions of the rulers, both were meant to provide just rules
in matters related to the administration of the state’s affairs, both
were meant to provide guidance to those managing the state, and
both were written by chief judges who were close to the rulers. But
there are five major differences:
While Abù-Yùsuf wrote his book for a powerful caliph, al-Màwardì
wrote his to a strong ruling commander, who ruled from within the
caliph.
While the instructions for writing the book are shown explicitly
in Abù-Yùsuf ’s al-Kharàj, these instructions are inferred in al-Màwardì’s
al-Aœkàm. In addition while Abù-Yùsuf ’s was a Sunni Œanafì, al-
Màwardìwas a Sunni Shafì"i, which reflected the variation in their
thinking.
The structure of al-Aœkàmseems to be clearer with some expan-
sion on the topics covered, which is a conceivable development bear-
ing in mind the effect of learning through the passage of time and
the development of the further political complications. Examples of
the expansion can be seen from the discussion of the administrative
side of the state in separate chapters, beginning with the Imamah,or
caliphate, followed by Wazarah, or the office of prime minister, province
governorship, and deputation of general and/or specific tasks and
missions.
The book contains an important chapter that was not particularly
specified before him in previous works. It is a chapter on Œisbah, or