Imam Al-Mawardi (d.1058) was a jurist, chief justice (Qadi al-Qudah), diplomat and statesman of the Abbasid Caliphate under the caliphs Al-Qadir (r.991-1031CE) and Al-Qa’im (r.1031-1075CE). He wrote his famous book al-Ahkam al-Sultaniyah near the end of his life, drawing on his experiences in government and politics. His book is therefore not theoretical, but a practical guide to ruling which is why it has stood the test of time, and is still used as a reference point to this day.

Abdelilah Belkeziz says, “The Medieval classical Islamic fiqh culture was replete with a tremendous legacy of conceptual production in this regard, and perhaps the most important of it was that bequeathed by Abu al-Hasan al-Mawardi in his writings, especially his authoritative reference book: al-Ahkam al-Sultaniyah (Sultanate Rules) which was the first Islamic conceptual expose to take the matter of the state from the realm of the kalam (theology) to that of fiqh, subjecting it to a theoretical complexity that would remain an authoritative referential (marja’iyah) for the remainder of subsequent writings on the subject. And it is a marja’iyah for which little has changed as many of the givens of fiqh of the khilafah for al-Mawardi are not predicated on the dictates of the texts of the shari’ah but inhere on the basis of the facts of political reality as well.”[1]

Most of the 20^th century scholars and thinkers who developed structural models for a modern caliphate, in some sense or other all refer back to Al-Mawardi.

The Institutionalists

The majority view among the ‘ulema nowadays is that Islam laid down a number of principles of ruling, but the detailed institutional structures are not fixed and will change with the times.

Hashim Kamali says, “There is nothing in the sharia to specify a particular type of political organisation. Khilafah and imamah have developed certain characteristic attributes which are generally seen to manifest the Islamic perception of political leadership. But this is mainly a result of the interplay of juristic doctrine and historical precedent which do not constitute an obligation under the sharia.”[2]

Mufti Taqi Usmani says, “Islam provides basic guidelines in the field of politics, but has not laid down all the details. It is for Muslims to decide how many government departments there are to be, how administrative powers are to be divided, whether there should be ministers or not, and if so, how many; the same applies to whether there should be a unitary form of government or a federal one, whether the legislature should be unicameral or bicameral, how advisory sessions should take place, and so on.”[3]

A number of 20^th century scholars and thinkers went a step further from just general principles, and outlined specific institutions which would be needed to run a state. Rashid Rida (d.1936), Al-Sanhūrī (d.1971), Mohammad Barakatullah (d.1927) and Taqiuddin an-Nabhani (d.1977) stand out as the most prominent in this regard.

The models they presented vary widely from a highly centralised authoritarian state, to a highly decentralised ‘Islamic League’. There is also a model akin to the Vatican where the caliph is simply a spiritual head of the Muslims with institutions related to religious affairs only.

An important point to keep in mind when discussing specific institutions of the caliphate is that all ruling systems from a high-level perspective, whether in ancient history or today share the same characteristics and institutions. A ruler, assistants, judiciary, military, police and administration are the same for all ruling systems. If we look to Ancient Egypt under the Pharaohs (3100BCE) we see a ruler – Pharaoh, wazir – Haman and treasurer – Qarun, who Allah (Most High) directly names in the Qur’an, because they are part of the ruling structure. We also see Pharaoh had an army, and from other historical sources he had governors called nomarchs. Allah says, “˹We˺ also ˹destroyed˺ Qarun and Pharaoh and Haman – Musa came with the Clear Signs to them, but they were arrogant on the earth.”[4] “Qarun was one of the people of Musa but he lorded it over them. We gave him treasures, the keys alone to which were a heavy weight for a party of strong men.”[5] “Pharaoh ordered, “O Hamân! Build me a high tower so I may reach the pathways”[6] “Certainly Pharaoh and Haman and their troops were in the wrong.”[7]

The Roman empire had essentially the same structure and so did the caliphate. With urbanisation and modern technology, the need for more and more institutions and administrative systems is required, but the skeleton structure is still the same. What distinguishes all these governing structures is the underlying ideology and foundations upon which the state is built, which in the case of an Islamic State is the sharia. Ann Lambton says, “The basis of the Islamic state was ideological, not political, territorial or ethnical and the primary purpose of government was to defend and protect the faith, not the state.”[8]

Umar ibn al-Khattab, the second caliph of Islam asked, “By Allah, I do not know whether I am a caliph or a king, for if I am a king then this is a tremendous matter.” Someone said, “Amir ul-Mu’minin, there is a distinction between the two of them.” He said, “What is it?” He said, “A caliph does not take except what is due and he does not use it except in the right way, and you, praise be to Allah, are like that. The king treats people unjustly, and takes from this one and gives to that one.” ‘Umar was silent.^[9]

Therefore, although both a caliph and king are rulers with full executive power there is a wide difference between them due to the underlying principles, which in the context of Umar’s question is justice.

Sayyid Qutb comments on the similarity in governing structures. “It may happen, in the development of human systems, that they coincide with Islam at times and diverge from it at others. Islam, however, is a complete and independent system and has no connection with these systems, neither when they coincide with it nor when they diverge from it. For such divergence and coincidence are purely accidental and in scattered parts. Similarity or dissimilarity in partial and accidental matters is also of no consequence. What matters is the basic view, the specific concept from which the parts branch out. Such parts may coincide with or diverge from the parts of other systems but after each coincidence or divergence Islam continues on its own unique direction.”[10]

Background to Al-Mawardi’s book Al-Ahkam al-Sultaniyah

In the 10^th century, during the later part of the Abbasid caliphate, the caliph lost most of his executive powers to Amirs and Sultans who paid nominal homage to the caliph in Baghdad. Eric Hanne describes this situation, “The death of al-Muqtadi in 487/1094 marked the final pivotal event in this tumultuous period. The central Islamic lands would never be the same as various alliances and rebellions helped divide the region into smaller and smaller areas of influence.”[11] Ibn Khaldun says, “They (the non-Arab rulers in the East) showed obedience to the caliph in order to enjoy the blessings (involved in that), but royal authority (mulk) belonged to them with all its titles and attributes. The caliph had no share in it.”[12]

Al-Radhi (r.934-940CE) was the last independent Abbasid caliph since the rise of the Buwahids (Buyids) in 934CE, and the establishment of their emirate over Iraq, and central and southern Iran, which reduced the caliph’s executive power to the Dar ul-Khilafah which was a section of Baghdad that housed the Caliphal palace. Al-Khatib (d. 463H,1071CE) mentions that Al-Radhi was “the last of the Caliphs who undertook the sole direction of the army and the finances.”[13] After Al-Radhi, his brother Al-Muttaqi (r.940-944) assumed the rule after him and Al-Suyuti says about him that “He had nothing of authority but the name.”[14]

The Caliphs Al-Qadir and Al-Qa’im attempted to claw back power from the Buwahids. During Al-Qa’im’s rule (r.1031-1075) the Buwahids power and authority began to wane, especially with the rise of the Seljuk Sultans who eventually defeated the Buwahids and established a sultanate over their former territories. In 1055, Tughril entered Baghdad and removed the influence of the Buyid dynasty over Al-Qa’im, but the Seljuk’s still held power over the caliph who remained a mere figurehead. This split between the caliph and the sultan (executive power), continued until 1517 when the Ottoman Sultan Selim I merged the offices of Sultanate and Caliphate, bringing the caliph back with full executive power again.

Eric Hanne describes the relationship between Al-Qa’im and the Buyids Amirs, in which Al-Mawardi’s book plays an important role in outlining the responsibilities of each grouping in maintaining supremacy to the religion. “Al-Qa’im’s acceptance by the populace of Baghdad was well on the way to being secured by the following year. The historians relate that upon his succession, al-Qa’im sent the qadi al-Mawardi to the Buyid amir, Abu Kalijar, in order to secure the bay’a from him. According to Ibn al-Athir, Abu Kalijar accepted al-Qa’im and sent him gifts and money. lbn al-Jawzi’s account is similar, stating that al-Mawardi sent back word of his good treatment at the hands of Abu Kalijar in Ahwaz. Ibn al-Jawzi’s account then relates the numerous gifts and types of wealth sent to the caliph along with the correspondence concerning the granting of the laqab, al-Sultan al-Mu’azzam Malik al-Umam (Glorified Sultan, King of the Nations). The caliph refused this request, stating that those terms were both reserved for the caliph himself. When asked whether Malik al-Dawla (King of the State) was possible, the response was that it sometimes was.”[15]

The fact that Al-Qa’im was able to refuse the Buyid request for the title of Sultan, shows the caliph had managed to regain some of his executive powers. This situation however would be short lived due to the rise of the Seljuks, and as Ibn Khaldun remarks, “From the time of an-Nâṣir (r. 1180-1225) on, the caliphs were in control of an area smaller than the ring around the moon.”[16] The fall of Baghdad and the caliphate in 1258 until its re-establishment in 1261 by the Mamluks in Egypt, shows what happens when there is internal disunity and fragmentation within the state.

Why did he write the book?

Al-Māwardī describes the reasons for writing his book which clearly shows it was written for the caliph Al-Qa’im, and the irregular situation of the bay’a contract being fasid (defective) due to the caliph’s loss of executive power. This power was fully delegated out to a Delegated Assistant (Wazir Al-Tawfid وَزِير التَفْوِيض) which in reality was the Buyid Amir and later Seljuk Sultan. Al-Māwardī when explaining the bay’a contract reiterates many times the stipulation that the entire ummah must obey the caliph which includes the Buyids and Seljuks. “So if the Imam fulfils the rights of the Ummah, as we have described above, he will have executed the claim of Allah, may He be exalted, regarding their rights and their duties: in which case they have a duty to obey and support him as long as his state does not change.”[17] He also emphasises that the caliph shouldn’t over-delegate his powers. “He [Imam] must personally take over the surveillance of affairs and the scrutiny of circumstances such that he may execute the policy of the Ummah and defend the nation without over-reliance on delegation of authority.”[18]

Al-Māwardī says, “As the laws of governance are more applicable to those in authority but because these latter, being occupied with politics and management, are prevented from examining these laws as they are mixed with all the other laws, I have devoted a special book to them. Thus in response to the person to whom my obedience is due in this affair, I have made known to him the madhhabs (schools of thought) of the fuqaha’ (jurists) so that he sees both that his rights are respected and that his duties are fulfilled and that he honours the dictates of justice in their execution and aspires to equity in establishing his claims and in the fulfilment of others’ claims. I ask Allah, the Sublime, that He may grant the best possible aid and I desire of Him that He accord success and guidance by Himself and He is enough and sufficient for me.”[19]

Lambton summarises this as, “Al-Māwardī’s aim, so it would seem, was to strengthen the position of the imām against this erosion and usurpation of his power, and so he insists on certain matters — matters which, because of the contemporary situation, presumably seemed to him to require special emphasis.”[20]

Al-Mawardi’s State Institutions

There are many technical (istilahiyya) terms that scholars and thinkers have used to describe the structure of an Islamic State. Rashid Rida (d.1936) and Al-Sanhūrī (d.1971) use councils (مَجالِس majalis). Mohammad Barakatullah (d.1927) uses ministries (وِزارَة wizara), and Taqiuddin an-Nabhani (d.1977) uses institutions (أَجْهِزَة ajhizah).

Al-Mawardi uses the technical term al-wilāyāt al-khāssa (specific government functions) for his institutions, which he lists out as twenty wilāyāt in his book.

Al-Mawardi’s 20 Wilāyat

Al-Mawardi’s Wilāyah	Arabic	Modern equivalent
Imam	الْإِمَامَةِ	Caliph Head of State
Delegated Minister	وَزِير التَفْوِيض	Deputy Caliph Prime Minister
Executive Minister	وَزِير التَنْفِيذ	Executive Office
Emirate in the Provinces	الْإِمَارَةِ عَلَى الْبِلَادِ	Governors
Emirate of Jihad	الْإِمَارَةِ عَلَى الْجِهَادِ	Commander in-Chief Chief of Army Staff Defence Secretary
Command of Wars Waged for the Public Good	الْوِلَايَةِ عَلَى الْمَصَالِحِ	Home Affairs Department Homeland Security
The Administration of the Judiciary	وِلَايَةِ الْقَضَاءِ	Judiciary Justice Department
Judicial Redress (Mazalim)	وِلَايَةِ الْمَظَالِمِ	Upper House (Dar ul-‘Adl) Appeals Court Supreme Court
The Niqabah Tribunal for those of Noble Lineage	وِلَايَةِ النِّقَابَةِ عَلَى ذَوِي الْأَنْسَابِ	None
The Imamate of the Prayer	الْوِلَايَةِ عَلَى إمَامَةِ الصَّلَوَاتِ	Department of Mosques & Imams
The Administration of the Hajj	الْوِلَايَةِ عَلَى الْحَجِّ	Department of Hajj
The Administration of the Sadaqat	وِلَايَةِ الصَّدَقَاتِ	Treasury Department Bait ul-Mal Charity Office
The Division of the Fay and the Ghaneemah	قَسْمِ الْفَيْءِ وَالْغَنِيمَةِ	Treasury Department Bait ul-Mal Tax Office
The Imposition of the Jizyah and the Kharaj	وَضْعِ الْجِزْيَةِ وَالْخَرَاجِ	Treasury Department Bait ul-Mal Tax Office
The Different Statuses of the Regions	فِيمَا تَخْتَلِفُ أَحْكَامُهُ مِنْ الْبِلَادِ
Reviving Dead Lands and Drawing Water	إحْيَاءِ الْمَوَاتِ وَاسْتِخْرَاجِ الْمِيَاهِ	Department of Agriculture
Reserves (hima) and Common Lands	الْحِمَى وَالْأَرْفَاقِ	Department of Agriculture Department of Housing and Urban Development
Grants and Concessions	أَحْكَامِ الْإِقْطَاعِ	Treasury Department Bait ul-Mal Grants Office
The Diwan and the Rulings Governing It	وَضْعِ الدِّيوَانِ وَذِكْرِ أَحْكَامِهِ	Executive Departments
Rulings Governing Criminal Actions	أَحْكَامِ الْجَرَائِمِ	Judiciary Justice Department
Public Order (hisbah)	أَحْكَامِ الْحِسْبَةِ	Inspectors Ombudsman

Where is shura?

Shura (consultation) is a key principle of the Islamic ruling system.

Judge Hussein bin Mohammed Al Mahdi – Member of the Supreme Court of the Republic of Yemen, says, “Shura is of great importance in the lives of nations and peoples. Any system or organization that seeks goodness and prosperity, seeks justice and equality, yearns for honor and dignity, loves the prevalence of security, stability and prosperity, and desires to prevent injustice, tyranny and despotism, must have Shura as its characteristic and method. This is because through Shura, truths are discovered, blindness is dispelled, what is right is derived, opinions are corrected, efforts are combined, responsibilities are distributed and the power of the nation is strengthened. This is only because through Shura, the factors of intimacy, affection, love, cooperation and mutual advice are ignited, and hands are joined to resolve dilemmas. Through Shura, a person reaches the dignity, prosperity, happiness and success he aspires to in the affairs of this world and the hereafter.

Through consultation, virtuous societies and strong countries are built. Through consultation, victory is achieved, hearts are won, and people of consultation cooperate to build nations, populate the earth, and please Allah.”[21]

No Majlis Al-Shura in Islamic History

What is noticeably absent from Al-Mawardi’s list is any formal institution of shura which in modern times is referred to as a Majlis Al-Shura (Consultative council). This is not unique to Al-Mawardi but across the Islamic political literature as Abdul-Aziz Belkiz says, “we do not find in the ancient texts concern for the subject of shura in Islam, rather it is almost not even indicated in the authoritative referential political Islamic legal corpus!”[22]

Hassan al-Turabi (d.2016) espouses the same view. “Modern Islamic literature is that which circulated the word and attributed to it its value and its salient content after the ancient books of fiqh had not meant much by it and had not conferred upon it this magnificent value because consultative political practice [based on shura] was not widespread and not possessed of much significance in Islamic history.[23]

We need to keep in mind that shura is a principle of ruling not an institution in itself. It underpins all institutions of the state. Therefore, shura does exist in Al-Mawardi’s model but is part of the Wazirate which houses the close advisors to the caliph.

It has been related that the Abbasid Caliph Al-Ma’mun (r.813-833CE) wrote regarding the choice of wazir: “I am looking for a man for my affairs who has all of the qualities of goodness, who is modest in his behaviour and resolute in his ways, a man who has been refined by manners and strengthened by experience, a man who if entrusted with secrets acts accordingly and if entrusted with important matters moves to execute them, a man whose forbearance causes him to be silent and whom knowledge causes to speak, a man for whom the moment is enough and for whom a glance is sufficient, a man who has the intrepidity of amirs and the perseverance of the wise, the humility of the ‘ulama and the understanding of the fuqaha; if people treat him well, he is grateful and if put to the test by their mistreatment. he is patient; he does not sell the portion of today only to be deprived the next; a man who captures the hearts of men by the sharpness of his tongue and the beauty of his eloquence.”[24]

Shura is also mentioned as a key part of the role of the ahl hali wal aqd (those who loosen and bind) who choose the caliph. Al-Mawardi says, “There are three conditions regarding those eligible to make the choice:

That they be just and fulfil all the conditions implied in this quality;
That they possess a knowledge by which they may comprehend who has a right to the Imamate and that they fulfil all the conditions implied by this knowledge;
That they possess the insight and wisdom which will lead them to choose the person who is most fitting for the Imamate and who is the most upright and knowledgeable with respect to the management of the offices of administration.[25]

In terms of the ordinary citizens, there were no mechanisms in place due to the limitations of the time, to allow them to voice their opinions en masse. Such a situation is a very recent phenomenon. In Britain women didn’t even get the vote until 1928. Prior to this as in America the only ones with the right to vote for representatives in parliament or congress were “gentlemen of property and standing”.

In 1835 America, voters had to be 21 years old and depending on the state they resided in, own the corresponding wealth and property listed below to be eligible to vote.[26]

State	Eligibility for voting
Massachusetts	3 pounds sterling in revenue or 60 in capital
Rhode Island	a landed property valued at 133 dollars (704 francs).
Connecticut	a property from which the revenue is 17 dollars (around 90 francs). One year of service in the militia also gives an electoral right.
New Jersey	a fortune of 50 pounds sterling
South Carolina and Maryland	must possess 50 acres of land.
Tennessee	possess any property whatsoever
Mississippi, Ohio, Georgia, Virginia, Pennsylvania, Delaware, New York	pay taxes: in most of these states, militia service is equivalent to payment of tax.
Maine and in New Hampshire	not to be carried on the list of indigents (extremely poor)
Missouri, Alabama, Illinois, Louisiana, Indiana, Kentucky, and Vermont	no condition relative to the fortune of the elector is required.

Shura Institutions nowadays

The two main state institutions where the ummah and her representatives practically enact their authority is the Majlis al-Nuwwab (House of Representatives) and the Dar al-’Adl (House of Justice). They are loosely equivalent to a lower and upper house in a bicameral democratic system. The Majlis (lower house) is elected by the people, whereas the Dar al-’Adl (upper house) will be appointed consisting of ‘ulema who will scrutinise government legislation and policies, and deal with disputes between the Majlis and the caliph.

The Majlis institutionalises the principle of shura and the Dar al-’Adl institutionalises the principle of addressing Mazalim (government oppression). It is these two bodies which play a key role in the bay’ah and ensuring the caliph fulfils the bay’ah contract throughout his rule.

Muhammad al-Ghazali says, “Al-Shura is a great Islamic principle! But, the means of realizing shura and setting up its apparatus has not been specified for us. It would appear that this is intended for differences in environment and level of civilization; rather we notice that one ummah of a high civilization changed the means of shura in it a number of times depending upon its experiences and the relative benefits.”[27]

Categories of government officials

The Islamic State has a unitary executive, where in origin all executive ruling power is with the caliph. This power is transferred to the caliph from the ummah who are the source of authority (مَصْدَر السُلْطَة masdar al-sultah)[28] via the bay’a contract. Muhammad Haykal says, “The sultah (authority) in Islam belongs to the Ummah and she passes it to the ruler in accordance to a contract (‘aqd) between her and him upon the basis that he rules her by the Kitab of Allah and the Sunnah of His Messenger ﷺ.”[29]

This executive power is not unconditional because it is restricted by the legislative branch of the state which is the shari’a. Allah (Most High) says,

فَٱحْكُم بَيْنَهُم بِمَآ أَنزَلَ ٱللَّهُ

“So judge/rule between them by what Allah has revealed”[30]

The Prophet ﷺ informed us that those who are charged with this responsibility of ruling are the caliphs. He ﷺ said,

كَانَتْ بَنُو إِسْرَائِيلَ تَسُوسُهُمُ الأَنْبِيَاءُ كُلَّمَا هَلَكَ نَبِيٌّ خَلَفَهُ نَبِيٌّ وَإِنَّهُ لاَ نَبِيَّ بَعْدِي وَسَتَكُونُ خُلَفَاءُ فَتَكْثُرُ ‏‏قَالُوا فَمَا تَأْمُرُنَا قَالَ فُوا بِبَيْعَةِ الأَوَّلِ فَالأَوَّلِ وَأَعْطُوهُمْ حَقَّهُمْ فَإِنَّ اللَّهَ سَائِلُهُمْ عَمَّا اسْتَرْعَاهُمْ

“The prophets ruled over the children of Israel, whenever a prophet died another prophet succeeded him, but there will be no prophet after me. There will soon be caliphs and they will number many.” They asked; “What then do you order us?” He said: “Fulfil the bay’a to them, one after the other, and give them their dues for Allah will verily account them about what he entrusted them with.”[31]

The Prophet ﷺ described the caliph (imam) as having general powers of responsibility in ruling:

فَالْإِمَامُ الَّذِي عَلَى النَّاسِ رَاعٍ وَهُوَ مَسْئُولٌ عَنْ رَعِيَّتِهِ

“The Imam[32] is a guardian, and he is responsible over his subjects.”[33]

The wording here is mutlaq (unrestricted) so encompasses all types of responsibility over the citizens (رعية). Abdul-Qadeem Zallum (d.2003) comments on this hadith, “This means that all the matters related to the management of the subjects’ affairs is the responsibility of the caliph. He, however reserves the right to delegate anyone with whatever task he deems fit, in analogy with representation (وَكالَة wakala).”[34]

The officials of the state derive their authority from the caliph and are representatives (وُكَلاء wukala’) of him in ruling. Hashim Kamali says, “The head of state, being the wakīl or representative of the community by virtue of a contract of agency/representation thus becomes the repository of all political power. He is authorised, in turn, to delegate his powers to other government office holders, ministers, governors and judges etc. These are, then, entrusted with delegated authority (wilāyat), which they exercise on behalf of the head of state each in their respective capacities.”[35]

Al-Mawardi categorises these representatives into four types:

(i) those who had general powers over the provinces generally, namely wazirs, who were appointed over all affairs without any special assignment;

(ii) those who had general powers in specific provinces, namely the amirs of provinces and districts, who had the right of supervision of all affairs in the particular region with which they were charged;

(iii) those who had specific powers in the provinces generally, such as the qādī al-qudāt [chief judge], the commander in chief (naqīb al-jaysh), the warden of the frontiers (hāmī al-thughūr), the collector of kharāj, and the collector of sadaqāt; and

(iv) those who had specific powers in specific districts, such as the qādī of a town or district, the collector of kharāj or sadaqāt of a district, the warden of a specific frontier district or the naqīb of a local military force.”[36]

These four types of officials cover all executive and judicial appointments by the caliph. This provides the flexibility to create as many institutions as are necessary to run the state at any particular period in time.

An important point to note is that the bay’a contract is to the caliph and not his wakeels. Therefore Al-Mawardi stipulates that the Imam should not over-delegate his authority. He says, “He [Imam] must personally take over the surveillance of affairs and the scrutiny of circumstances such that he may execute the policy of the Ummah and defend the nation without over-reliance on delegation of authority (Al-Tafwid) – by means of which he might devote himself to pleasure-seeking or worship – for even the trustworthy may deceive and counsellors behave dishonestly.”[37]

From Al-Mawardi’s list there are six institutions or government functions (wilayat) which need further discussion, because they will be important for understanding some of the models produced by later scholars which will be discussed in due course. These government functions are listed below and will be dealt with in separate articles إن شاء الله.

The Delegated Minister (وَزِير التَفْوِيض Wazir Al-Tafwid)
The Executive Minister (وَزِير التَنْفِيذ Wazir Al-Tanfidh)
The Executive Departments (دِيوان Diwan)
The Armed Forces (الْإِمَارَةِ عَلَى الْجِهَادِ Emirate of Jihad)
The Semi-Independent Leader (أَمِير الِاسْتِيلَاءِ Amir Al-Istila’)
Judicial Redress of government corruption (الْمَظَالِمِ Al-Mazalim)

Notes

[1] Abdelilah Belkeziz, ‘The State in Contemporary Islamic Thought,’ I.B.Tauris Publishers, 2009, p.79

[2] Muhammad Hashim Kamali, ‘Characteristics Of The Islamic State,’ Islamic Studies, vol. 32, no. 1, 1993, pp. 17–40. JSTOR, http://www.jstor.org/stable/20840105

[3] Mufti Taqi Usmani, ‘Islam & Politics,’ Turath Publishing, Kindle Edition, 2020

[4] Holy Qur’an, Surah Al-Ankaboot, ayah 39

[5] Holy Qur’an, Surah Al-Qasas ayah 76

[6] Holy Qur’an, Surah Al-Ghaafir ayah 36

[7] Holy Qur’an, Surah Al-Qasas, ayah 8

[8] Ann K. S. Lambton, ‘State and Government in Medieval Islam,’ Oxford University Press, 1981, p.13

[9] Jalal ad-Din as-Suyuti, ‘History of the Khalifahs who took the right way,’ translated by Abdassamad Clarke, Ta Ha Publishers, pp.146

[10] Sayed Khatab, ‘The Power of Sovereignty-The Political and Ideological Philosophy of Sayyid Qutb,’ Routledge, 2006, p.35

[11] Eric J. Hanne, ‘Putting the Caliph in His Place: Power, Authority, and the Late Abbasid Caliphate,’ 2007, Fairleigh Dickinson University Press, p.130

[12] Ibn Khaldun, ‘The Muqaddimah – An Introduction to History,’ Translated by Franz Rosenthal, Princeton Classics, p.267

[13] Jalal ad-Din as-Suyuti, ‘History of the Caliphs,’ a translation of Tarikh al-Khulufa’ by Major H. S. Jarrett, 1881, p.411

[14] Ibid, p.413

[15] Eric J. Hanne, ‘Putting the Caliph in His Place: Power, Authority, and the Late Abbasid Caliphate,’ 2007, Fairleigh Dickinson University Press, p.79

[16] Ibn Khaldun, ‘The Muqaddimah – An Introduction to History,’ Translated by Franz Rosenthal, Princeton Classics, p.385

[17] Abu l-Hasan al-Mawardi, Al-Ahkam as-Sultaniyah, Ta Ha Publishers, p.29

[18] Ibid, p.28

[19] Ibid, p.7

[20] Ann K. S. Lambton, Op.cit., p.88

[21] Judge Hussein bin Mohammed Al Mahdi – Member of the Supreme Court of the Republic of Yemen, The book of Shura in Islamic Law, 2009, https://shamela.ws/book/26217/23#p1

[22] Abdelilah Belkeziz, Op.cit., p.172

[23] Abdelilah Belkeziz, Op.cit., p.172

[24] Al-Mawardi, Op.cit., p.38

[25] Al-Mawardi, Op.cit., p.10

[26] Alexis De Tocqueville, ‘Democracy in America,’ The University of Chicago Press, 2002, p.506; first published in 1835.

[27] Al-Ghazali, Muhammad, al-Sunnah al-Nabawiyah bayn Ahl al-Fiqh wa Ahl al-Hadith (Beirut: Dar al-Shuruq, 1989), p.135; quoted in Abdelilah Belkeziz, ‘The State in Contemporary Islamic Thought,’ I.B.Tauris Publishers, 2009, p.176

[28] Hashim Kamali, ‘Citizenship and Accountability of Government: An Islamic Perspective,’ The Islamic Texts Society, 2011, p.197

[29] Muhammad Khayr Haykal, ‘Al-Jihad wa’l Qital fi as-Siyasa ash-Shar’iyya,’ vol.1, The Eighth Study, Qitaal Mughtasib As-Sultah (Fighting the usurper of the authority)

[30] Holy Qur’an, Surah Al-Ma’ida, ayah 48

[31] Sahih Muslim 1842a, https://sunnah.com/muslim:1842a ; sahih Bukhari 3455, https://sunnah.com/bukhari:3455

[32] Imam here means the khaleefah i.e. the great Imam الْإِمَامُ الْأَعْظَمُ. Ibn Hajar, Fath al Bari, https://shamela.ws/book/1673/7543#p1

[33] Ṣaḥīḥ al-Bukhārī 7138, Ṣaḥīḥ Muslim 1829

[34] Abdul-Qadeem Zallum, ‘The Ruling System in Islam,’ translation of Nizam ul-Hukm fil Islam, Khilafah Publications, Fifth Edition, p.111

[35] Hashim Kamali, ‘Separation of powers: An Islamic perspective,’ IAIS Malaysia, p.473; https://icrjournal.org/index.php/icr/article/view/370/348

[36] Ann K. S. Lambton, Op.cit., p.95

[37] al-Mawardi, Op.cit., p.28, https://shamela.ws/book/22881/35