Al-Mawardi describes the Wazir Al-Tanfidh (The Executive Minister) in his model, “As for the wazirate of execution (tanfidh), its rule is weaker and its conditions are fewer as its authority is restricted to the judgement and direction of the Imam: the wazir is a mediator between him and his subjects, carrying out his commands, executing his instructions, enacting what he decides and announcing any governmental appointments or military preparations of the armies; he also informs him about anything of importance which happens and any new developments which come to his notice, so that he may act in accordance with the Imam’s command.

He is thus appointed for the execution of affairs but not to organise them -indeed he is not appointed for this purpose. If he shares in making judgements, the name ‘wazir’ is more fitting while if he does not, then the name ‘mediator’ (Al-Wasitah) or ‘ambassador’ (Al-Sifarah) is more applicable.”[1]

The Minister of Execution (Wazir Al-Tanfidh) in modern times may be part of the Executive Office or head up an Executive Department. Historically, there was no distinction between the Executive Office and Executive Departments. In fact, in America, the Executive Office of the President was only created in 1939 by President Roosevelt. The Diwans which we will come to shortly, mapped to both parts of the government. For example, the Hajib (doorkeeper) is equivalent to the White House Chief of Staff, and the Sahib Al-Kharaj is equivalent to the Treasury Secretary.

If a Wazir Al-Tanfidh is appointed as head of an executive department then he will have no executive power, and has to get sign off from the caliph before implementing any policies. This is similar to the US system where the heads of executive departments are called Secretaries, and in theory their executive policies must be signed off by the President before implementation. In practice this all depends on the President and whether he takes a backseat role like George W. Bush, or a more hands-on role like Trump.

Hassan al-Banna (d.1949) says, “The basis of this responsibility [of ruling] in the parliamentary system is that the person responsible is the ministry (wizara) and there is no responsibility for the head of state. This was done in the Egyptian constitution and the English constitution, as each of them specified the responsibility of the ministry, and exempted the head of state from all responsibility and considered him immune, to be protected and untouchable.

However, in a parliamentary system there is nothing wrong with the head of state assuming responsibility and considering the ministry subordinate to him in this, as stipulated in the US Constitution. It is amazing that Islamic jurisprudence books also refer to this situation, and this ministry is called the Executive Ministry (Wizara Al-Tanfidh)…There is no doubt that this is due to the breadth of the material of Islamic jurisprudence, its flexibility, and its suitability for all times and places.”[2]

Notes

---

[1] Abu l-Hasan al-Mawardi, Al-Ahkam as-Sultaniyah, Ta Ha Publishers, p.42

[2] From the letters of Imam Hassan al-Banna, https://www.ikhwanwiki.com/index.php?title=%D9%86%D8%B8%D8%A7%D9%85_%D8%A7%D9%84%D8%AD%D9%83%D9%85….%D8%B1%D8%B3%D8%A7%D8%A6%D9%84_%D8%A7%D9%84%D8%A8%D9%86%D8%A7