On the theoretical legacy of Abu ‘l-Hasan al-Mawardi

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On the theoretical legacy of Abu `l-Hasan al-Mawardi

T.G. Tumanian

St. Petersburg State University

The article examines some aspects of the theoretical legacy of Abu `l-Hasan al-Mawardi, a medieval Islamic theologian and jurist. This prominent scholar, who lived a long and eventful life, wrote a number of works that left a noticeable mark in the political and legal thought of Islam. Al-Mawardi also wrote several significant treatises in Islamic theology and Jurisprudence. Among them are works devoted to commenting on the Qur'an -- Nukat wa'l-`uyun [Tafsir al-Mawardi], 'Amthal al-Quran, as well as a treatise on Prophethood -- 'Adam al-Nubuwwa. Another important but still insufficiently studied treatise of al-Mawardi on Jurisprudence is called Kitab al-Hawt al-kabir fi fiqh madhhab al-Imam al-Shafi`i. It is generally accepted that al-Mawardi`s essay called al-'Iqna` made him famous in his lifetime. This legal guide to the Shafi`i law certainly strengthened the professional authority of al-Mawardi as the leading Shafi`i faqih and apparently contributed to the growth of his political influence in medieval Baghdad. Despite the merits and recognition of al-Mawardi as an authoritative connoisseur of Islam, his creative search was not limited to writing works on religious topics. Al-Mawardi `s obvious interest in scientific disciplines was, in particular, confirmed in several studies on philology. He wrote at least two works on this subject: namely, Amthal wa'l-hikam and Kitab fi al-nahw. However, the scholars who study the heritage of al-Mawardi deal mainly with his socio-political works. Al-Mawardi was known as a gifted and experienced diplomat who repeatedly acted as a mediator in solving complex political problems. As an adviser for many years at the Abbasid court, al-Mawardi composed several works on the theory of state and governance, such as al-Ahkam al-Sultaniyya, Qawanin al-wuzara' wa- siyasat al-muluk, as well as Tashil al-nazar wa-ta`jil al-zafar fi akhlaq al-malik wa-siyasat al-mulk etc. These works, diverse not only in content, but also in genre, mainly reflect the essence of political processes of that time.

Keywords: Abu `l-Hasan al-Mawardi, Islam, Governance, Islamic law, Theology, Philosophy, Caliphate, Mirrors for Princes, Buyids, Persian heritage.

The name of Arab scholar Abu `l-Hasan al-Mawardi (974?-1058) is well-known to specialists studying the intellectual traditions of the Islamic Middle Ages. Al-Mawardi's works still attract the interest of researchers. His famous al-Ahkam al-Sultaniyya long ago become a classical work in the field of public administration and rules of government in an Islamic state [1, p. 719]. In addition, this medieval Islamic jurist and theologian was the author of many other treatises, though their attribution is a controversial issue. For a long time, some works ascribed to al-Mawardi were neglected by the academic community. However, since the last quarter of the XX century, scholarly interest in al-Mawardi's legacy has been continuously growing. His treatises have been published and some of them have been translated into European languages.

At the same time, the theoretical legacy of al-Mawardi has not been studied comprehensively. There are many reasons for this, including the lack of solid evidence of authorship for several texts attributed to al-Mawardi. It is possible that one of the reasons for this was reluctance of the scholar himself to publicize his works. Ibn Khallikan (1211-1282) in his biblio-biographical dictionary Wafayat al-ayan wa-'anba 'abna' az-zaman, reported that al-Mawardi allegedly did not publicize his works, opting to make them public only after his death [2, p. 585]. However, Ibn Khallikans point of view is not supported by other sources and seems unconvincing. Nevertheless, skepticism about the authorship of al- Mawardi in some cases is expressed by modern scholars as well.

Abu `l-Hasan Ali ibn Muhammad ibn Habib al-Mawardi (also known in Latin as Alboacen) lived a long and eventful life. He wrote several significant works in Islamic theology (kalam) and jurisprudence (fiqh)<sup>1</sup>. Among them are the commentaries on the Qur'an -- Nukat wa al-`uyun [Tafslr al-Mawardl] For more information on the works of al-Mawardi, see: [3, p. 64-68]. The treatise al-Nukat wa `l -`uyun is also known as al-Nukat wa `l-`uyun: Tafsir al-Mawardi. In 1982 the work was published in 4 volumes by the Ministry of al- auqaf wa `l-sh'un al-islamiyya, Kuweit. In 1990s this work of al-Mawardi was published in 6 volumes by the Bayrut publishing house Dar al-Kutub al-`Ilmiyya under the title al-Nukat wa `l-`uyun: Tafsir al-Mawardi., 'Amthal al-Qur'an [3, p. 64], as well as a treatise on Prophethood -- Alam al-Nubuwwa [4]. Another very important but still insufficiently studied treatise of al-Mawardi on Fiqh is Kitab al-Hawl al-kablr [fl fiqh mad- hhab al-Imam al-Shafi`l] In 1994 the Arab publishing house Dar al-Fikr published the work of al-Mawardi Kitab al-Hawi al-kabir in 22 volumes. In 2009 the publishing house Dar al-Kutub al-`Ilmiyya (Bayrut) published Kitab al-Hawi al-kabir fi fiqh madhhab al-Imam al-Shafi`i in 20 volumes.. Kitab al-Hawl al-kablr -- “a work to which the author devoted decades of his life, and the principles and precepts (usul and furu”) set out have directly and indirectly influenced Muslim lives across the globe the centuries -- languishes in comparative obscurity” [5, p. 125].

Al-Mawardi `s work called al-'Iqna flal-fiqh al-Shafi`l [6] is not the most voluminous, but it is a very significant essay. It is generally accepted that al-'Ikna firought al-Mawardi a lifetime of fame. This legal guide to the Shafi'i law certainly strengthened the professional authority of al-Mawardi as the leading Shafi'i faqih and apparently contributed to the growth of his political influence in Baghdad, the capital of the Abbasid caliphate.

Though al-Mawardi was recognized as an authoritative expert on Fiqh, his competence spread far beyond the realm of religious issues. He was also interested in philology and wrote at least two works on this subject:'Amthal wa'l-hikam [7] and Kitabfi 'l-nahw -- A book of grammar [3, p. 64]. However, the scholars who study the heritage of al-Mawardi deal mainly with his socio-political works.

Al-MawardI was involved not only in theology and jurisprudence. He was also known as a talented and experienced diplomat who repeatedly acted as a mediator in solving complex political problems It is known that al-MawardI more than once carried out rather delicate diplomatic missions of the caliph and discussed complex political issues with the Buyid and Seljuk rulers. Some of them are described by the medieval Islamic scholars Tadj al-dIn al-SubkI and Ibn al-'Athir. See, for instance: [8].. Being an adviser at the Abbasid court for many years, al- MawardI composed works on the theory of state and law aiming to create a holistic view on the power system in the caliphate. It would not be an exaggeration to say that as a political figure, al-MawardI tried to justify politics with Shari`a norms, and as a scholar he enriched political and legal thought with pragmatic realism.

Al-MawardI wrote several treatises on the state and governance. These works of different genres mainly reflect actual political processes of the time. Some researchers note that the initial period of al-Mawardl's literary activity is characterized by a strong influence of the Persian political tradition, which was caused particularly by the seizure of power in Baghdad by the Iranian Shi`ite dynasty of the Buyids (945-1055) and a significant limitation of the Abbasid caliphs' authority. The late period of al-Mawardl's activity as a theorist and writer was distinguished by a greater freedom and maturity of opinion, whereby he was able to identify the new realities of political development and link them with certain hopes for the caliphate's revival.

The assessment and periodization al-Mawardl's works above seems quite logical, but it is not perfect because proper confirmation is often absent. It is well known that the influence of the Persian political tradition on Arabic political culture goes back to the VIII century, largely due to the works of Ibn al-Muqaffa` [9, p. 151; 10, p. 68-73]. This dependence was significant also after al-MawardI and can be easily traced in a number of well-known works of later thinkers. That is why it seems more reasonable to discuss the works of this author in terms of genre attribution.

The influence of Persian literary heritage on al-MawardI's works is undeniable. Particularly, it can be traced in his works written in the didactic tradition or the literature of advice (Arabic nasiha), in the genre, which is usually called “Mirrors for Princes” For more information on this literary genre, see, for example: [9, p. 148-164; 10, p. 67-83].. Modern scholars attributed Nasihat al-muluk [11] Despite the fact that the treatise has been published several times and has been the subject of scientific research, it continues to raise questions. Some scholars have suggested that al-MawardI is not the author of this work. See, for example: [3, p. 66; 9, p. 439]. The recently published book “Advice for Kings: Wisdom and Politics in Iran in the Tenth Century. The Nasihat al-muluk of Pseudo-Mawardi ” expands the range of research in the literary genre “Mirrors for Princes” [12]. as well as Tashil al-nazar wa-ta`jil al-zafar fi akhlaq al-malik wa-siyasat al-mulk [13] to al-MawardI. The former is probably the earliest work written by al-Mawardi, whereas the latter apparently belongs to a more recent period. Nevertheless, both works are similar in content and the chosen format [14, p. 3].

Nasihat al-muluk instructs rulers on various aspects of public administration. The ambivalent character of this work was driven from the controversy between Islamic legal norms and ancient Persian views on the state and power, as well as by the depressing atmosphere of the religious and political life of Baghdad in those days. Al-MawardI as an authoritative Shafi'i faqIh “compiled these treatises under unusual political circumstances, at a time when the Buyid dynasty had control over the `Abbasid caliphate and believed in their Persian origin” [14, p. 4]. As a result, this work reveals al-MawardI's tangible commitment to the political principles of the Sasanian dynasty. He often relied on the rules, regulations, and behavior norms of the ancient Persian Empire.

There is yet another important source of al-Mawardi's political theory. Describing relations between society and power, al-Mawardi relied not only on the Persian heritage, but also made use of various metaphorical examples that go back to ancient Greek philosophy Al-Mawardi in Nasihat al-muluk repeatedly refers to the legacy of Aristotle [11, p. 44, 84-85].. The ruler and society are considered as a single human organism, where “the king is the head... and people are other parts of a body”, and they are unable to exist separately from each other [11, p. 51-52]. A similar analogy can be traced in the European political and philosophical tradition since the time of Plato, so it is quite notable that al-Mawardi also used it -- though generally he sought to distance himself from philosophy. There are two possible reasons why al-Mawardi made use of this “organicistic” view of the nature of the state. First, being a theologian and a scholar of religious law, he had to use obvious and simple analogies that would be convincing to everyone. Second, this analogy helped to justify the thesis that the structure of the state itself is not a static and soulless organism, but a union based on friendly communication. The latter view was probably inherited from Aristotle, who compared the state to a large family and considered the need to live in the state as a natural and rational desire. Al-Mawardi claimed that society must trust and obey the ruler, fully support and honor him, but society has no right to oppose or counteract him [11, p. 53].

Nevertheless, al-Mawardi admitted that some rulers might be unjust. He did not develop this matter in detail but dwelled on the issue of the state's decline (fasad al-mamalik). This problem was quite acute at the time, and al-Mawardi was deeply concerned with it. As a result, he discussed the origin of dark times (fitna) and possible ways to overcome it. He noticed that instability leads to the damage of religion (fasad al-dtn), hostility, greediness, destabilization of government, and finally to despotism. Only a malik (king, ruler) guided by the rules of government inherited from the Rightly-guided caliphs, as well as from the Persian empire, is able to maintain law and order in the state [11, p. 84].

Tashtl al-nazar wa-ta`jtl al-zafar ft 'akhlaq al-malik wa-siyasat al-mulk was also compiled in the genre of the literature of advice. In this work, the scholar analyzed the issues of state evolution quite deeply and thoroughly. In fact, al-Mawardi was developing the concept of the formation and degradation of the state as an institution, highlighting the main phases of its life. The obvious parallels with similar ideas in Plato's Republic and Aristotle's Politics reveal that al-Mawardi's was well-aware of these works. Particularly, he claimed that the development of the state goes through a series of stages, the first of which is its origination. At this stage the holders of power control their subjects, mainly through brute force, intimidation, and threats. A distinctive feature of the next phase of development, according to al-Mawardi, is peace and stability. At this stage, a ruler is guided as far as possible by the principles of justice and a “soft” attitude. The last and third phase of development is characterized as despotism, and it is with this form of government that the state ultimately falls into decline and dies. Its renaissance or rebirth is possible only with the formation of appropriate conditions for beginning a new cycle [13, p. 254-255, 275-281].

Apparently, these views on the evolution of the state are based not only on theoretical knowledge and ideas, but also on the author's own experience. During his long life, al-Mawardi witnessed the evolution of the Buyid's emirate: he observed the early days, the blossom, and the end of this state. In Tashll al-nazar wa-tajtl al-zafar, al-Mawardi presented his view on the cyclical development of the state, anticipating the subsequent concept of historical cycles developed by Ibn Khaldun. It is well-known that this illustrious Arab historian, who lived and wrote his great works several centuries later, was well acquainted with the works of al-Mawardi and appreciated them [15, p. 123].

In Tashtl al-nazar wa-ta`jtl al-zafar ft 'akhlaq al-malik wa-siyasat al-mulk, al-Mawardi addressed other issues that are contextually related to the development of the state and power relations. Since this work was intended to be a warning for a ruler, it discussed the ethical norms of the ruler's behavior -- viewed mostly from a philosophical perspective.

Both Nasthat al-muluk and Tashtl al-nazar wa-ta`jtl al-zafar ft 'akhlaq al-malik wa- siyasat al-mulk, are of great interest as an example of the Adab literary genre. Besides, these works can be utilized as a source for a reconstruction of the social-political processes of that time. However, they contain no clear or well-articulated theory of state. The author's position in these works is expressed mostly in the form of speculations on moral issues or on the different aspects of the state and power. These speculations are based primarily on Persian and Ancient Greek political tradition -- though al-Mawardi's consistent commitment to the principles of Islam is also evident in these works. To justify his views, the author provided examples from the history of the Arab world drawn from poetry; he often relied on the hadiths and sunnah of the Rightly guided caliphs, thus emphasizing the validity of the Islamic doctrine.

Al-Mawardi's contribution to the development of didactic literature is not limited to the works written for the mighty rulers. He also provided advice to other authority figures, particularly to the wazirs for whom he wrote a special work which is known under different, though quite similar, titles: al-Wizara, 'Adab al-Wuzara ', Qawantn [Qanun] al-Wuzara', Qanun al-wizara wa-siyasat al-muluk, Qawantn al-wuzara' wa siyasat al- muluk⁸.

It is well-known that “by the end of the 3^rd/9^th century the wazirate had become an extremely important office” as a traditional institute of power in the Abbasid caliphate [17, p. 95]. A wazir was the main and immediate assistant of the ruler, the person to whom the ruler entrusted a part of his authority and who, in fact, wielded all powers of the state. In Qawantn al-wuzara ', al-Mawardi discussed different classes of wazirs, their status, power, and authority. He defined their administrative functions and singled out the two types of wazirs: wazir of “delegation” (tafwtd) and wazir of “execution” (tanftdh). The fundamental difference between them lied in the nature of governance and scope of powers entrusted to them by the ruler [16, p. 200-210]. Questions on the status, function, and the role of wazirate as an important political institute in the caliphate were elaborated in al-Ahkam al-sultaniyya.

Despite the fact that the work Qawantn al-wuzara ' wa-siyasat al-muluk was published for the first time as early as the beginning of 20^th century and has been repeatedly republished, it is still of great interest to scholars. Debates arise in regard to the title of the text, its authenticity, the immediate addressee of this essay, and the way it influenced further development of executive institutes in Islam.

According to the generally accepted (but not the only) opinion, this work of al-Mawardi was intended for Ibn al-Maslam, who served as a wazir with the caliph al-Qa'im (1031-1075). This, in particular, Ridwan al-Sayyid mentions in his introduction to Qawantn al-wuzara wa-siyasat al-mulk [16, p. 10].

Adab al-dunya wa 'l-din [18]⁹ treatise is another of al-Mawardi's work on socio-political and ethical issues, distinguished by depth and thoroughness of its analysis. The composition of this work is marked by the influence of the Persian literary tradition as well as Ancient Greek philosophy.

In Adab al-dunya wa 'l-din, al-Mawardi did not focus on the ideal model of social relations (the so-called “Virtuous City”), contrary to al-Farabi and other Arabic-speaking peripatetics. Conversely, he provided practical suggestions on how to reform society in the circumstances of moral impoverishment, and social and religious contradictions. He also explained the nature of human behavior and described appropriate ways to improve it. Blaming human relations of his days, the author attempted to invent a new social system and contribute to the rise of the perfect society built upon the pursuit of knowledge (`ilm). In particular, he described the principles of attaining goodness for an individual (salah hal al- 'insan) in the earthly life (salah ad-dunya) based on the ideals of Islam. Elaborating his views, al-Mawardi emphasized the social nature of a human being. He explored human behavior in society using such notions as soul, intelligence, virtue, justice, responsibility, wisdom, education, and knowledge. He formulated the six major conditions for a Muslim to attain goodness in the earthly life. These consist of the following: religion that should be necessarily followed (din muttaba`); strong power of the state (sultan qahir); universal justice (`adl shamil); social safety ('amn 'amm); inexhaustible abundance [of worldly goods] (hisb da'im); gracious expectations ('amal fasih) [18, p. 152].

In Adab al-dunya wa `l-din, al-Mawardi justified the importance of all the conditions listed above. He claimed that they all contribute to political stability in the state that can be attained only under the government of a mighty ruler. Society needs a ruler of this kind because human nature is subject to passions that “turn one away from goodness, give rise to mean attitudes, reveal shameful acts... and set a person on the path of evil” [18, p. 28]. In other words, a human being is vain. A human's will to self-affirmation breeds the desire to subdue those who oppose him. This is a natural characteristic of a human being and therefore, only something that is more powerful prevents people from following their aspirations. This powerful force may appear as intelligence (“the basis for virtues and source of wit”) [18, p. 13] and religion (“cleansing souls from lust”) [18, p. 152] -- or as a powerful authority. Giving credit to intelligence and religion, since “.intelligence is the root of faith and base of this world” [18, p. 13], al-Mawardi focuses his attention on the power of authority, because it is to a lesser degree subject to passions. By using power, authority can accommodate the variety of opinions, aspirations, and ambitions to achieve the main goal -- order and stability in the society. However, brute force and even cruelty are necessary only in the early stage of society's development. Later on, when society becomes well-developed, the role of justice should increase.

Developing the idea of the state and power in Adab al-dunya wa `l-din, al-Mawardi, in fact, for the first time seriously raises the problem of the caliph's status. He focuses on the caliph's legitimacy, his function, as well as on his significance for the `Ummah. Obviously, such a notable shift in the way of justifying caliph's power can be explained only by a continuous decline of the Buyid's dynasty. In this situation the presence of the caliph (imam), not even the most righteous one, is a necessary condition for maintaining the unity of Muslims. At the same time, stability and prosperity of the `Ummah are possible only in if the Imam strictly and inviolately carries out his duties. These and other issues are addressed in detail in al-Ahkam al-sultaniyya [20], -- the treatise written in the last years of al-Mawardi's life [21, p. 15].

Al-Ahkam al-sultaniyya is the best-known work of al-Mawardi which deals with power and religious governance The treatise al-Ahkam al-sultaniyya is perhaps the most studied work of al-Mawardi. It is well studied by both Western and Islamic scholars. The text of the book has been translated into European languages. See, for example: [22-24]. The issue of al-Ahkam al-sultaniyya authorship has long been the subject of scientific discussions and debates. Several special studies are devoted to it, where the authorship of Abu `l-Hasan al-Mawardi is generally confirmed. See, for example: [25].. It is considered “the first attempt in the history of Islam of a comprehensive study on the theory of state, having constantly influenced the Islamic political thought till our time” [1, p. 719]; or “...a key document for the theory of rule which came to be accepted by the jurist of the fifth century and after” [17, p. 83]. Patricia Crone points out that “Al-Mawardi collected the rules pertaining to all aspects of government -- the imamate, vizierate, taxation, judgeship, holy war, the treatment of rebels, market inspections, and more besides -- from variety genres and put them together in a single book, which he called al-Ahkam al-sultaniyya, the ordinances of government” [9, p. 223]. It is in this work, that al-Mawardi, the first of the Islamic scholars, presented in a consistent way the most crucial points of that which in Western tradition is designated as state or constitutional law.

Kitab al-Ahkam al-sultaniyya is highly ranked in the history of Islamic political and legal thought. In two dozen chapters, al-Mawardi discusses different aspects of public administration and rules of government. The scholar further develops his views on political governance expressed in earlier works. In great detail he examines the institute of wazirate, highlighting the significance of 'amir's power, legal proceedings, military aspects, taxes, etc. At the same time, only a small part of the treatise, its first chapter named Fi 'aqd al-'imama, is dedicated to political theory. This chapter sums up al-Mawardi's views on state and power, including the role and functions of the institute of the caliph (imam), requirements for the candidates, procedures of election, removal from power, etc.

Al-Ahkam al-sultaniyya treatise was apparently recognized while al-Mawardi was still alive. This can be inferred from the fact that roughly in the same years when this treatise appeared, another work under a similar name and, what is more important, of a similar content was written by another prominent faqih from Baghdad -- the Hanbalite Abu Ya`la ibn al-Farra' (990-1065). Actually, this work repeated the central ideas from al-Mawardi's treatise it serves as evidence that al-Mawardi was highly respected. Abu Ya`la ibn al-Farra' probably reworked al-Mawardi's treatise for Hanbalite use. Besides, it is indicative of some convergence between the views of two schools of jurisprudence. Despite this, almost a literal identity of the texts resulted in arguments about the attribution of al-Ahkam al- sultaniyya to al-Mawardi¹¹.

In the course of time, al-Mawardi's works attracted more interest from Islamic scholars of the Middle Ages. His views became normative for the political doctrine of Islam and became an indispensable part of Arabic didactic and encyclopedic literature. His works were highly esteemed by theologians and legal scholars.

Al-MawardI 's theory of state and governance remained popular in later times as well. It is known that during the era of the Ottoman sultans' rule, Islamic scholars (`Ulama') and politicians constantly appealed to al-Ahkam al-sultaniyya with questions concerning the structure of the Islamic state and the role of the military forces. In the XIX century, colonial authorities expressed interest in al-Mawardl's works as they wanted to understand the Islamic legal system and power structures in the theocratic society. As a result, al-Ahkam al-sultaniyya was translated into French, Dutch, and English.

Islamic reformers of the XIX to early XX centuries often appealed to al-Mawardl's teachings in their attempts to adapt the medieval concept of the state to the current political situation of their time.

In modern academic works al-MawardI is traditionally ranked among Muslim scholars of the Islamic state and governance. It is generally accepted that his al-Ahkam al- sultaniyya “is the most authoritative exposition of the Sunni political theory” [26, p. 151]. This book has been constantly referred to by subsequent scholars who study the teachings of the caliphate. Besides, it is still of great interest for the specialists in Islamic Law. Al- MawardI `s works have given an impetus to the development of different legal and political theories. The interest in his heritage is currently manifested both in Islamic and Western academic circles. Further studies of his works will contribute to a better understanding of the principles of the Islamic worldview, which is, indeed, an important task for future cross-cultural dialogue.

abu hasan mawardi islamic theologian

References

Т.Г. Туманян

Санкт-Петербургский государственный университет

В статье предпринята попытка освещения теоретического наследия средневекового исламского богослова, юриста и политического деятеля Абу-л-Хасана ал-Маварди. Перу этого известного ученого принадлежит ряд произведений, которые оставили заметный след в правовой и политической мысли ислама. Как теолог и законовед ал-Маварди создал несколько значительных трактатов. К ним в первую очередь необходимо отнести объемный труд, посвященный комментированию Корана, -- ан-Нукат ва-л-`уйун: Тафсир ал-Маварди. В работе под названием 'А`лам ан-нубувва ал-Маварди рассмотрел вопросы, связанные с пониманием пророчества в исламе. Ал-Маварди принадлежит еще один трактат в области фикха -- это капитальный и недостаточно изученный труд под названием Китаб ал-хави ал-кабир [фи фуру` ал-фикх]. Однако прижизненную известность ученому принесло небольшое сочинение под названием ал-'Икна`. Творческий поиск ал-Маварди далеко не исчерпывался написанием трудов на религиозные темы. Известно, что богослов проявлял интерес к филологическим дисциплинам, что находит подтверждение в таких его работах, как ал-'Амсал ва-л-хикам и Китаб фи ан- нахв. Однако исследователи творчества ал-Маварди чаще обращаются к социальнополитическим трактатам ученого. Хорошо известно, что профессиональная деятельность ал-Маварди состояла не только в изучении вопросов теологии и законоведения, но и в практическом приложении своих знаний и таланта искусного дипломата на политическом поприще. Будучи на протяжении многих лет советником аббасидских халифов, ал-Маварди сочинял труды по теории государства и права. К таким работам следует отнести трактаты aл-Ахкaм aс-султaниййа ва-л-вилайат ад-диниййа, Ка- ванин ал-визара ва-сийасат ал-мулк, Тасхил ан-назар ва-та`джил аз-зафар фи 'ахлак ал-малик ва-сийасат ал-мулк и др. Эти произведения, разнообразные не только в содержательном, но и в жанровом отношении, во многом стали отражением существа политического процесса того времени.

Ключевые слова: Абу-л-Хасан ал-Маварди, ислам, власть, исламское право, теология, философия, халифат, княжьи зерцала, Буиды, персидское наследие.

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