The wazirate (ministry), or wizarah (وِزارَة) is a term that refers to the office of the wazir, a high-ranking government official who serves as the caliph’s deputy, chief minister and advisor who aids him in running the state. Al-Mawardi says, “The ministry of delegation (Wizarah Al-Tafwid) is where the Imam appoints a wazir to whom he delegates authority for the organisation of affairs in accordance with his judgement such that he effects them properly by his own efforts.”[1]

The wazirate evolved over the centuries, but it existed in one form or another from the first Islamic State headed by the Prophet ﷺ in Medina, until 1922 when the Ottoman Sultanate was officially abolished[2] and along with it the last Grand Vizier.

Willem Gerrit Dedel, Ambassador of the Dutch Republic to the Ottoman Caliphate 1765-1768 during the reign of Mustafa III (r.1757-1774) describes the scene when the Sultan’s no.2 man rode past. “We fetched our horses and waited until all the Sultan’s senior officials had ridden past on their fine horses. This was an extremely lovely spectacle. Grand Vizier Azem Ibrahim Pasha, in particular, was remarkable in all his grandness, accompanied by other dignitaries, no fewer than three rows deep. Wherever he looked, people bowed before him and showed deference to him as the second in command of the empire. He responded in a mild and dignified manner, with a slight inclination of the head.”[3]

In the Sokoto Caliphate[4] established in 1804 in West Africa, the wazir “attended the caliph’s council in the morning when he was in Sokoto and he also had a final say in the caliphal election. He travelled around the domains of the caliphate constantly and if a case was evident, he was empowered to make decisions on the spot. If the matter was a difficult one, it was referred back to Sokoto. It was his duty to let the caliph know of any injustices or problems in the land. He was also in charge of the public treasury.”[5]

The Meaning of Wazir

The linguistic meaning of wazir is helper or assistant, but its predominantly used with its technical (istilahiyya) meaning of a government assistant or minister. It was narrated that Al-Qasim bin Muhammad said: “I heard my paternal aunt say: ‘The Messenger of Allah ﷺ said:

مَنْ وَلِيَ مِنْكُمْ عَمَلاً فَأَرَادَ اللَّهُ بِهِ خَيْرًا جَعَلَ لَهُ وَزِيرًا صَالِحًا إِنْ نَسِيَ ذَكَّرَهُ وَإِنْ ذَكَرَ أَعَانَهُ

“Whoever among you is appointed to a position of authority – if Allah wills good for him – He will give him a righteous wazir who will remind him if he forgets and help him if he remembers.”[6]

Ibn Khaldun says, “The wazirate is the mother of governmental functions and royal ranks. The name itself simply means ‘help’.[7] Ibn Ashur discusses the grammatical construct of the term wazir:

والوَزِيرُ: فَعِيلٌ بِمَعْنى فاعِلٍ، مِن وازَرَ عَلى غَيْرِ قِياسٍ، مِثْلُ حَكِيمٍ مِن أحْكَمَ

Al-Wazeer: [on the pattern of] fa’eel with the meaning of the faa’il (active participle), one who supports without measure, like the wise one who is wiser.[8]

Al-Mawardi says, “The word “Al-Wizarah” الوِزارَة has three possible derivations:

1- the first, that it is derived from al-wizr الوِزْر, meaning heavy burden, as he takes up the heavy burdens of the malik (ruler or king);

2- the second, that it is derived from al-wazar الوَزَر, meaning refuge- occurring in Allah’s (Most High) words: كَلَّا لَا وَزَرَ “But no! There will be no refuge.”[9] as the malik takes refuge in his judgement and his aid;

3- the third, that it is derived from al-azr الأَزْر; meaning the back, as the malik gains strength in his minister just as the body is strengthened by the back. Whichever of these derivations one adopts, however, none of them would indicate an absolute authority over affairs [i.e. they are assistants not a malik].”[10]

Evolution of government titles

Wazir is a general term, which linguistically may apply to all government positions within the Islamic state. However, we don’t refer to each of these positions as wazirs, because each government institution has its own specific title. A member of the Executive Office is called a Katib (secretary) or Wazir Al-Tanfidh (Executive Minister). The head of an executive department is called a Sahib (secretary) or a Wazir Al-Tanfidh, unless they are assigned delegated executive powers in which case they are called a Wazir Al-Tafwid. The head of a province is called an Amir or Wali, and the head of the army a Qa’id (commander), Ra’is (Head) or Amir.

It’s important to note that these government titles are not sharia terms but are technical (istilahiyya) terms which have changed throughout Islamic history. Therefore, in order to understand the structure of the Islamic State, we need to focus on the function of the government post rather than a specific title. Ibn Khaldun says, “Very recently, the Turkish dynasty has made its appearance in Egypt. (The Turkish rulers) noticed that the wazirate had lost its identity, because the (amirs) had been too proud to accept it and had left it to men who were inclined to hold it in the service of the secluded (and powerless) caliph. The authority of the wazir had become secondary to that of the amir. (The wazirate) had become a subordinate, ineffectual office. Consequently, the persons who held high rank in the dynasty, (as, for example, the amirs), disdained to use the name of wazir. The person in charge of legal decisions and supervision of the army at the present time, they call ‘deputy’ (nâ’ib). They used the name wazir to designate (the person in charge of) tax collection.”[11]

During the contracting of the bay’a to Abu Bakr at the Saqifa (portico) of Banu Sa’ida, Abu Bakr said to the Ansar, نحن الأمراء وأنتم الوزراء “We are the Amirs and you are the Wazirs!”[12] So again wazir was used to refer to general assistance in governmental affairs.

Abu Bakr on his death bed said, “I wish that on the day of Saqifat Bani Sa’idah, that I had thrown the matter upon the neck of one of the two men (meaning Umar and Abu Ubaydah) so that one of them would have become the Amir [of the Believers] and I would have been his wazir.”[13]

Umar ibn al-Khattab wrote to the citizens of Kufa in the year 21H / 642CE:

إني بعثت إليكم عمار بْن ياسر أميرا، وجعلت عبد اللَّه بْن مسعود معلما ووزيرا

“I have sent to you Ammar ibn Yasir as Amir, and I have appointed Abdullah ibn Mas’ud as a teacher (mu’allim) and wazir.”^[14]

Wazir was used here by Umar to mean an assistant to the governor Ammar bin Yasir in running the affairs of Kufa.

In the Year 34H (655CE), the caliph Uthman bin Affan was facing discontent and organised rebellion across his caliphate. This culminated in his assassination and martyrdom a year later at the hands of the rebels, something which was prophesised by the Messenger ﷺ. Uthman sent for his five most senior governors and advisors to seek their counsel on the deteriorating situation. They were:

Mu’awiyah ibn Abi Sufyan, governor of Ash-Sham
Abdullah ibn Sa’d, governor of Egypt
Said ibn Al-‘As, governor of Kufa
Amr ibn Al-‘As, former governor of Egypt
Abdullah ibn Amir, governor of Basra

When they had assembled at his residence in Medina, Uthman said to them,

إِنَّ لِكُلِّ امْرِئٍ وُزَرَاءَ وَنُصَحَاءَ، وَإِنَّكُمْ وُزَرَائِي وَنُصَحَائِي وَأَهْلُ ثِقَتِي، وَقَدْ صَنَعَ النَّاسُ مَا قَدْ رَأَيْتُمْ، وَطَلَبُوا إِلَيَّ أَنْ أَعْزِلَ عُمَّالِي، وَأَنْ أَرْجِعَ عَنْ جَمِيعِ مَا يَكْرَهُونَ إِلَى مَا يُحِبُّونَ، فَاجْتَهِدُوا رَأْيَكُمْ، وَأَشِيرُوا عَلَيَّ.

“Every man has ministers (wazirs) and counsellors (nasih). Now you are my wazirs, my counsellors, and my trusted men. The people have acted as you see, demanding that I depose my governors (‘ummal), and that I turn away from that which they hate toward that which they love. So decide what you think is right arid advise me.”[15]

We see that Uthman referred to his governors as wazirs.

Role of the Wazir

Abdul-Qadeem Zallum says, “The assistants are the wazirs whom the caliph appoints to assist him in discharging the burdens and responsibilities of the caliph. There are numerous burdens in the caliphate, especially when the state is growing and expanding, and these would be a heavy burden for the caliph alone. Hence, he needs people to help him in carrying this burden and discharging these responsibilities. The appointment of such assistants is one of the mubah (permissible) matters.”[16]

In theory, a caliph could govern without ministers, but in practice, it would be extremely challenging and likely unsustainable. Wazirs, play a crucial role in assisting the caliph in making decisions, implementing policies, and managing the affairs of the state. The wazir is also a deputy caliph similar to a vice-president and will step in if the caliph is incapacitated in some way. Ibn Khaldun says, “it should be known that, by himself, the ruler is weak, and carries a heavy burden. He must look for help from his fellow men. He needs their help for the necessities of life and for all his other requirements.”[17] This has been the case since ancient times when a king would appoint a right-hand man or chief minister to advise him and assist him in his rule. Allah (Most High) mentions Pharaoh’s wazir Haman in the Qur’an,

وَقَالَ فِرْعَوْنُ يَـٰٓأَيُّهَا ٱلْمَلَأُ مَا عَلِمْتُ لَكُم مِّنْ إِلَـٰهٍ غَيْرِى فَأَوْقِدْ لِى يَـٰهَـٰمَـٰنُ عَلَى ٱلطِّينِ فَٱجْعَل لِّى صَرْحًۭا لَّعَلِّىٓ أَطَّلِعُ إِلَىٰٓ إِلَـٰهِ مُوسَىٰ وَإِنِّى لَأَظُنُّهُۥ مِنَ ٱلْكَـٰذِبِينَ

Pharaoh said, ‘Council, I do not know of any other god for you apart from Me. Haman, kindle a fire for me over the clay and build me a lofty tower so that perhaps I may be able to climb up to Musa’s god! I consider him a blatant liar.’[18]

History of the Wazirate

The institution of wazirate evolved over the centuries. At the time of the Prophet ﷺ, several prominent sahabi held significant roles and responsibilities in his administration who can be viewed as wazirs, even though they might not have held this as a formal title. Throughout the period of the Rightly Guided caliphs and the Umayyads, the title of secretary (katib or sahib) was used to refer to those in the executive office of the caliph. Some of these secretaries (كُتّاب kuttab) can be considered as wazirs such as Marwan ibn Al-Hakam the secretary of Uthman, and the famous scholar Raja’ bin Haywah the secretary of Umar bin Abdul-Aziz.[19]

The term wazir became a formal government rank, from the time of the Abbasid caliph Al-Mansur[20] where the wazir initially was simply an advisor and secretary in charge of a number of diwans (government departments). Later he became a deputy (نائِب na’ib) and right-hand man of the caliph. Al-Mawardi refers to this post as a Delegated Assistant (وزير التفويض Wazir Al-Tafwid) “for whom the Imam delegates the running of the affairs according to his own opinion and executing them according to his own Ijtihad.”[21]

As the caliph’s executive authority began to wane and almost disappear during the 10^th and 11^th centuries, the wazir’s authority strengthened. Ibn Khaldun says, “At that time, the wazirate was divided into an ‘executive wazirate’ this happened when the ruler was in control of his affairs and the wazir executed his decisions — and a ‘delegated wazirate’ — which happened when the wazir controlled the ruler and the caliph delegated all the affairs of the caliphate, leaving them to his supervision and independent judgment.”[22]

Al-Mawardi’s notion of the Wazir Al-Tafwid is because of the reality he lived under, which was the Buyid Ameers and later Seljuk Sultans effectively running the caliphate, with the Abbasid caliph in Baghdad remaining a mere figurehead with limited powers. Lambton says, “By the end of the 3rd/9th century the wazirate had become an extremely important office. From the time of the accession of al-Muqtadir (295H/908CE) the wazir, according to Hilāl al-Sābi’, had assumed sole direction of the state (tafarrada bi’l-tadbir) and by the beginning of the 4th/10th century he controlled almost all aspects of the administration.”[23]

Ibn Khaldun describes in detail the history of wazirate and how it slowly evolved into the devolution of executive power to a sultan, with a nominal caliph during the 10^th century.

Wazirs in the time of the Prophet ﷺ

In the time of the Prophet ﷺ many of the sahaba would be considered as wazirs, although none held the role of Wazir Al-Tafwid with general jurisdiction like in Al-Mawardi’s model. The closest companion who would be considered as a No.2 to the Prophet ﷺ in terms of ruling would be Abu Bakr as-Siddiq. The Prophet ﷺ said,

مَا مِنْ نَبِيٍّ إِلاَّ لَهُ وَزِيرَانِ مِنْ أَهْلِ السَّمَاءِ وَوَزِيرَانِ مِنْ أَهْلِ الأَرْضِ فَأَمَّا وَزِيرَاىَ مِنْ أَهْلِ السَّمَاءِ فَجِبْرِيلُ وَمِيكَائِيلُ وَأَمَّا وَزِيرَاىَ مِنْ أَهْلِ الأَرْضِ فَأَبُو بَكْرٍ وَعُمَرُ

“There is no Prophet except that he has two wazirs among the inhabitants of the heavens, and two wazirs among the inhabitants of the earth. As for my two wazirs from the inhabitants of the heavens, then they are Jibril and Mika’il, and as for my two wazirs from the inhabitants of the earth, then they are Abu Bakr and Umar.”[24]

Jubair bin Mut’im narrated that a woman came to the Messenger of Allah ﷺ to speak to him about something. Then he ordered her with something, and she said: “What should I do O Messenger of Allah if I do not find you?” He said: “If you do not find me, then go to Abu Bakr.”[25]

Al-Hakim narrated on the authority of Ibn Al-Musayyab, who said: “Abu Bakr was in the position of a wazir to the Prophet ﷺ. He consulted him in all his affairs. He was his second in Islam, his second in the cave, his second in the hut on the day of Badr, and his second in the grave. The Messenger of Allah ﷺ did not prioritize anyone over him.”[26]

Ibn Khaldun says, “The Prophet used to ask the men around him for advice and to consult them on both general and special (private) matters. In addition, he discussed other very special affairs with Abû Bakr. Certain Arabs familiar with the situation in the Persian, Byzantine, and Abyssinian dynasties, called Abû Bakr, therefore, Muḥammad’s ‘wazir’. The word wazîr was not known (originally) among the Muslims, because the simplicity of Islam had done away with royal ranks.”[27]

The word وَزِيرَيَّ (wazirayya) in the hadith “my two wazirs from the inhabitants of the earth, then they are Abu Bakr and Umar,” is Mutlaq (unrestricted). This means it includes assisting the Prophet ﷺ in anything, government or otherwise. With regards to ruling this covers delegated authority (tafwid), executive authority (tanfidh), administration, military command and leading the salah. Abu Bakr and Umar never held general jurisdiction like the wazir evolved in to in latter times, but were always appointed to particular roles or portfolios.

They were both appointed as army commanders of expeditions.[28]

Abu Bakr was appointed as the Minister of Hajj.

أَنَّ النَّبِيَّ صلى الله عليه وسلم حِينَ رَجَعَ مِنْ عُمْرَةِ الْجِعِرَّانَةِ بَعَثَ أَبَا بَكْرٍ عَلَى الْحَجِّ

“When the Prophet came back from the Umrah of Al-Jirranah, he sent Abu Bakr to lead the Hajj.”[29]

The Messenger of Allah ﷺ during his final illness said,مُرُوا أَبَا بَكْرٍ يُصَلِّي بِالنَّاسِ “Order Abu Bakr to lead the people in prayer.”[30]

Umar was appointed as an ‘Amil to collect zakat.

بَعَثَ النَّبِيُّ صلى الله عليه وسلم عُمَرَ بْنَ الْخَطَّابِ عَلَى الصَّدَقَةِ

“The Prophet ﷺ sent Umar bin al-Khattab to collect sadaqa.”[31]

Wazirs in the Rightly Guided Caliphate

Abu Bakr’s Caliphate

Abu Ubaidah and Umar

Umar ibn Al-Khattab and Abu Ubaydah ibn Al-Jarrah who were both from the Ashratul-Mubashireen (10 promised Jannah), were the wazirs to Abu Bakr As-Siddiq when he was the caliph. Tabari narrates,

لَمَّا وُلِّيَ أَبُو بَكْرٍ، قَالَ لَهُ أَبُو عُبَيْدَةَ: أَنَا أُكْفِيكَ الْمَالَ– يَعْنِي الْجَزَاءَ- وَقَالَ عُمَرُ: أَنَا أُكْفِيكَ الْقَضَاءَ: فَمَكَثَ عُمَرُ سَنَةً لا يَأْتِيهِ رَجُلانِ

“When Abu Bakr was appointed, Abu Ubaidah said to him: ‘I will take care of finance (Al-Mal) for you (meaning the taxes), and Umar said: ‘I will take care of the judiciary (Al-Qadaa’) for you.’ So Umar remained for a year without two men coming to him.”[51]

Therefore, Abu Ubaidah had the portfolio of finance meaning he was the Treasury Secretary, although such a title didn’t exist at the time. Umar was the head of the judiciary which included the role of Qadi Al-Mazalim (Judge of Unjust Acts) who investigates acts of injustice related to the government. This is understood from Umar’s speech: أَنَا أُكْفِيكَ الْقَضَاءَ “I will take care of the judiciary (Al-Qadaa’) for you.” The word الْقَضَاءَ is Mutlaq (unrestricted) due to the Alif Lam and therefore includes the Mazalim role.

We can also see a practical example of Umar’s Mazalim role in the following incidents.

Abu Bakr’s salary

A short while after Abu Bakr as-Siddiq (ra) was appointed as Caliph, Umar ibn al-Khattab (ra) and Abu Ubaidah ibn al-Jarrah (ra) were walking in Medinah when they met Abu Bakr (ra) carrying garments on his shoulders and going to the marketplace to trade. Umar asked Abu Bakr, “What are you doing?” Abu Bakr replied, “I am going to trade.” Umar said: “After you became responsible for all the Muslims!?” Abu Bakr said, “But I have to feed my family.” So Umar said, “Let’s go and we will pay you an allowance.”[52]

Umar and Abu Ubaidah decided to pay Abu Bakr 250 dinars a year and a daily allowance of half a sheep in food.

Sometime later Umar was walking in Medinah when he came across a group of women. He asked them “What are you doing?” They replied, “We are waiting for the Caliph.” Abu Bakr did not turn up for office that day so Umar went searching for him and found him in the marketplace trading again.

Umar grabbed the hand of Abu Bakr and said, “What are you doing?” Abu Bakr replied, “The allowance you gave me is not enough.” Umar said, “Fine, we will increase it for you.” Abu Bakr said, “I want 300 dinars a year and a daily allowance of a whole sheep in food.” Umar said, “No. We are not going to give you that.” Imam Ali (ra) intervened and said, “Give it to him.” Umar said, “You think so?” Ali replied, “Yes.” So Umar said, “We agree.”

Abu Bakr then stood on the minbar in the masjid and called the sahaba. He said, “You have paid me 250 dinars a year and a daily allowance of half a sheep in food, and that wasn’t enough for me. So Umar and Ali have given me an increase to 300 dinars a year and a daily allowance of a whole sheep. Do you agree?” The sahaba replied, “We agree.”[53]

Only a qadi with judicial mazalim powers can impose a judgement on the caliph, because the judiciary in Islam is separate to the executive branch of the caliph and has both institutional and decisional independence.

The Caliphate’s Judiciary

Overturning Abu Bakr’s executive order to grant land to Influentials from Banu Tamim

‘Uyaynah ibn Hasan and al-Aqra’ ibn Habis were influentials from the tribe of Banu Tamim, a large and powerful tribe located in Najd (Eastern Saudi Arabia). It is upon them that the following verse in Surah Al-Hujjurat was revealed:

إِنَّ ٱلَّذِينَ يُنَادُونَكَ مِن وَرَآءِ ٱلْحُجُرَٰتِ أَكْثَرُهُمْ لَا يَعْقِلُونَ

“Indeed, most of those who call out to you ˹O Prophet˺ from outside ˹your˺ private quarters have no understanding ˹of manners˺.”[54]

Muhammad ibn Ishaq and others said: “This verse was revealed about some uncouth people from Banu Tamim. A delegation of the Banu Tamim went to see the Prophet ﷺ. They entered the mosque and called the Prophet ﷺ who was in his private apartment (hujra): ‘O Muhammad, come out to meet us, for our praise is nice while our censure is nasty.’ Their shouting annoyed the Prophet ﷺ and so he came out to see them. They said: ‘O Muhammad, we have come to brag to you.’ Allah ta’ala revealed about them: ‘Indeed, most of those who call out to you ˹O Prophet˺ from outside ˹your˺ private quarters have no understanding ˹of manners˺.’ Among these people were al-Aqra’ ibn Habis, ‘Uyaynah ibn Hasan, al-Zibriqan ibn Badr and Qays ibn ‘Asim”.[55]

‘Uyaynah ibn Hasan and al-Aqra’ ibn Habis came to Abu Bakr and said: “O Caliph of the Messenger of Allah ﷺ, there is some swampy land where no grass grows and it is of no use. Why don’t you give it to us to cultivate it, so that perhaps there will be some benefit in it after today?”

Abu Bakr said to those who were around him[56], “What do you think of what they said, if it is swampy land that is of no use?” They said, “We think that you should give it to them, so that perhaps there will be some benefit in it after today.”

So he gave it to them and wrote a document for them stating that it was theirs. He wanted ‘Umar to witness it, but he was not among the people, so they went to ‘Umar and asked him to bear witness.[57] They found him applying pitch to a camel of his and said, “Abu Bakr has asked you to bear witness to what is in this document. Shall we read it to you or will you read it?” He said, “I am as you see I am, if you wish you can read it and if you wish you can wait until I am finished and I will read it myself.” They said, “No, we will read it.”

So they read it and when Umar heard what was in the document, he took it from their hands, then he spat on it and wiped it (i.e., obliterated what was written). They complained about that and said something bad. He said, “The Messenger of Allah ﷺ used to be kind to you, when Islam was in a weak position at that time. Now Allah has made Islam strong, so go and work hard. May you never succeed if you graze your flocks in that land!”

They went to Abu Bakr and started to complain, saying, “By Allah, we do not know if you are the caliph or ‘Umar!” He said, “No, he could have been the caliph if he had wanted to be.” Then ‘Umar came, and he was angry. He stood over Ahu Bakr and said, “Tell me about this land that you gave to these two. Is it your own land or does it belong to all the Muslims?” He said, “No, it belongs to all the Muslims.” He said, “Then what made you give it to these two only and not to all the Muslims?” He said, “I consulted these people who were around me and that is what they advised me to do.” He said, “If you consulted those who were around you, did you consult all the other Muslims, and were they pleased with it?” Abu Bakr (ra) said, “I told you that you were more qualified for this role than I, but you insisted.”[58]

Again, only the Qadi Al-Mazalim can overturn a policy or executive order of the caliph. In this case the land was public property belonging to all the Muslims and so according to Umar all the Muslim representatives in Medina should have been consulted. In modern times this would be conducted through the Majlis Al-Nawwab (House of Representatives). Abu Bakr agreed that Umar was correct in his judgement and submitted to it.

Ali ibn Abi Talib

Ali and Uthman were secretaries for Abu Bakr.[72]

Ali in particular was a senior official who intervened on multiple occassions in government policy as we saw in the assigning of a salary to Abu Bakr. Ali (ra) intervened and said, “Give it to him.” Umar said, “You think so?” Ali replied, “Yes.” So Umar said, “We agree.”

It is related that ‘Aishah said, “My father went out with his sword unsheathed; he was mounted on his riding animal, and he was heading towards the valley of Dhil-Qissah ‘Ali ibn Abi Talib came, took hold of the reins of Abu Bakr’s riding animal, and said, “Where are you going, O Caliph of the Messenger of Allah?” The question was rhetorical, for ‘Ali knew very well that Abu Bakr planned to lead his army into battle. “I will say to you what the Messenger of Allah ﷺ said on the Day of Uhud,” ‘Ali went on. By this statement, ‘Ali was referring to what had happened on the Day of Uhud: When Abu Bakr wanted to engage in a duel-to-the-death with his son ‘Abdur-Rahman (who was still a disbeliever), the Prophet ordered him to draw back his sword and to return to his place. ‘Ali went on to say, “Draw back your sword and do not bring upon us the tragedy of your death. For by Allah, if we become bereaved of you, (the nation of) Islam will not have an organized system of rule (rather, due to the apostate problem, chaos will break out).” Abu Bakr acquiesced to ‘Ali’s demand and returned to Al-Medina.”[73]

Umar’s Caliphate

Uthman bin Affan

Uthman bin Affan and Ali ibn Abi Talib played a prominent role in Umar’s caliphate and can be considered as wazirs. Al-Sallabi says, “During the caliphate of Umar ibn al-Khattab, the status of ‘Uthman was that of an adviser, and you could say that his position was like that of Umar to Abu Bakr during Abu Bakr’s caliphate.”[59]

Ali ibn Abi Talib

With regards to Ali, Al-Sallabi says, “Ali was a prominent member of the shura committee of Umar’s state; indeed, he was the main consultant. Umar acknowledged Ali’s virtue, understanding of Islam and wisdom, and he had a good opinion of him. It is proven that he said concerning him: ‘The best of us in judiciary matters is Ali.’[60] Ibn al-Jawzi said: ‘Abu Bakr and Umar (ra) used to consult him, and Umar used to say[61]: “I seek refuge with Allah from a problem that Abu al-Hasan (‘Ali) cannot handle.”’[62]

Head of Appeals Court

Similar to Umar during Abu Bakr’s caliphate, Ali was a wazir and had the portfolio of judiciary as a qadi in Medina although Zayd ibn Thabit was the actual head of the judiciary. As a wazir this included the power of the Qadi Al-Mazalim. Al-Mawardi says, “If he is among those who have control over the generality of affairs, like wazirs and amirs, he does not need to have a specific appointment (taqleed) to this office, since the general nature of his authority (wiliyah) gives him jurisdiction in this.”[74]

Part of the functions of the Mazalim are to act as an appeals court for judgements which are not in conformity to the sharia both textually and in reality. “An insane woman who had committed zina was brought to ‘Umar. He consulted the people then he commanded that she be stoned. ‘Ali ibn Abi Talib passed by and said: ‘Take her back!’ Then he came to ‘Umar and said, ‘Do you not know that the Pen has been lifted…?’ and he quoted the hadith[63]. At the end of it Umar said, ‘Yes.’ ‘Ali said, ‘Then why should she be stoned? Let her go.’ And ‘Umar started to say takbeer.[64]

“A woman who had gotten married during her ‘iddah[65] was brought to Umar, so he separated her from the man she married, took her mahr (dowry) and put it in the public treasury and said: ‘I do not allow a mahr in a marriage that is invalid.’ He also said: ‘You two should never many again.’

News of that reached ‘Ali and he said: ‘If they were unaware of the ruling, she may keep the mahr because he was intimate with her, but they should be separated, and when her ‘iddah ends, he will be like any other suitor.’

Umar addressed the people and said: ‘Misjudgements are to be reviewed in accordance with the Sunnah, and Umar judged according to the view of ‘Ali.’”[66]

Deputy Caliph

Ali was the deputy caliph for Umar when he left Medinah.[67] During Umar’s travels to Ash-Sham which included receiving the keys to Jerusalem after its opening, Ali would have been in charge of the caliphate for many months. He would have needed executive powers to manage the entire state, receive and respond to letters and execute punishments while Umar was away.

Muhammad ibn Maslamah

Muhammad ibn Maslamah can also be considered as a wazir, since he was Umar’s Sahib Al-‘Ummal (Minister of governors)[68] who would monitor the governors and implement policies regarding them.

Sa’d ibn Abi Waqqas was the governor Kufa. “When Umar heard that Sa’d ibn Abi Waqqas (ra) had put a gate on his house, he sent Muhammad ibn Maslamah to him and told him to burn that gate. The reason for that gate was that the market was close to his house, and the loud voices in the market were disturbing Sa’d, so he put a gate to block the noise of the people in the market.

News of Sa’d’s house and its gate reached Umar, and he heard that people were calling it Sa’d’s palace. So he called Muhammad ibn Maslamah and sent him to Kufah. He said: “Go to the palace and burn its gate, then come back straight away.” So he went to Kufah, where he bought some firewood, took it to the palace and burned the gate.”[69]

Imam Ibn al-Mubarak narrated in al-Zuhd, in which he said: Sufyan ibn Uyaynah told us on the authority of Musa ibn Abi Isa, who said: Umar ibn al-Khattab came to the drinking place of Ibn Haritha and found Muhammad ibn Maslamah. Umar said: “How do you see me, Muhammad?” He said: “By Allah, I see you as I like, and as those who love good for you like. I see you strong in collecting wealth, chaste in it, just in distributing it, and if you deviate, we will treat you fairly as an arrow treats a wound.” Umar said: “Huh?” He said: “And if you deviate, we will treat you fairly as an arrow treats a wound.” He said: “Praise be to Allah who has placed me among a people who treat me fairly when I deviate.”[70]

Uthman’s Caliphate

Marwan ibn Al-Hakam

Marwan ibn Al-Hakam was the main Wazir (secretary) to Uthman and who had wide delegated powers. We will discuss this in due course.

Ali ibn Abi Talib

Ali was also a Wazir to Uthman with the portfolio of judiciary that he held from the time of Umar. It is also clear from the following incident that Ali held delegated executive power in some areas notably the hudud which Uthman conferred on him saying, “O ‘Ali, get up and whip him.”

It was narrated that Husayn ibn al-Mundhir said: “I was with Uthman ibn Affan when Al-Waleed was brought to him, and two men bore witness against him. One of them was Humran, who said that he had drunk wine, and the other testified that he vomited. Uthman said, ‘He would not have vomited unless he drank it.’ He said: ‘O ‘Ali, get up and whip him.’ ‘Ali said: ‘O Hasan, get up and whip him.’ Al-Hasan said: ‘Let those who are enjoying the position of leadership carry out the punishment.’ It was as if he (‘Ali) got upset with him and he said: ‘O Abdullah ibn Ja’far! Get up and whip him.’ So he whipped him, and ‘Ali counted until he had reached forty, then be said: ‘Stop.’ Then he said: ‘The Prophet ﷺ gave forty lashes, and Abu Bakr gave forty, and ‘Umar gave eighty. All are Sunnah, but this is dearer to me.’”[71]

Umayyad Wazirs

Ibn Khaldun says, “Afterwards, royal authority (mulk) flourished. The (official) councillor and assistant for tribal and group affairs made his appearance. For him, the name of wazir was used. Bookkeeping remained in the hands of clients, Jews, and Christians. For (official) documents, a special secretary was appointed, as a precaution against possible publication of the ruler’s secrets, something that would be disastrous to his role as political leader. This secretary was not as important as the wazir, because he was needed only for written matters, and not for matters that could be discussed orally. At that time, speech still preserved its old position and was uncorrupted. Therefore, the wazirate was the highest rank throughout the Umayyad dynasty. The wazir had general supervision of all matters delegated to him and in which he acted in a consultative capacity, as well as all other matters of a defensive or offensive nature. This also entailed the supervision of the ministry of the army, the assignment of military allowances at the beginning of each month, and other matters.[32]

Abbasid Wazirs

Then the ‘Abbâsid dynasty made its appearance. Royal authority flourished. The royal ranks were many and high ones. At that time, the position of wazir assumed an added importance. He became the delegate (of the caliph) as executive authority. His rank in the dynasty became conspicuous. Everyone looked toward the wazirate and submitted to it. Supervision of the bookkeeping office was entrusted to (the wazir), because his function required him to distribute the military allowances. Thus, he had to supervise the collection and distribution of (the money). Furthermore, supervision of ‘the pen’ and (official) correspondence was entrusted to him, in order to protect the ruler’s secrets and to preserve good style, since the language of the great mass had (by that time) become corrupt. A seal was made to be placed upon the documents of the ruler, in order to preserve them from becoming public. This was also entrusted to (the wazir).”[33]

“Thus, the name of wazir came to include the functions of both ‘the sword’ and ‘the pen’, in addition to all the other things for which the wazirate stood and in addition to its function of giving assistance (to the ruler). In the days of ar-Rashid, Ja‘far b. Yaḥya was actually called ‘sultan’, an indication of the general extent of his supervisory powers and control of the dynasty. The only governmental rank that he did not hold was the office of doorkeeper (hajib), and he did not hold it because he disdained to accept such an office.

Then the ‘Abbâsid dynasty entered the period when control over the caliphs was exercised (by others). That control was at times in the hands of the wazir. At other times, it was in the hands of the ruler. When the wazir gained control, it was necessary for him to be appointed the caliph’s delegate to comply fully with the religious laws.

At that time, the wazirate was divided into an ‘executive wazirate’ (tanfidh) this happened when the ruler was in control of his affairs and the wazir executed his decisions — and a ‘delegated wazirate’ (tafwid) — which happened when the wazir controlled the ruler and the caliph delegated all the affairs of the caliphate, leaving them to his supervision and independent judgment.

This has caused a difference of opinion as to whether two wazirs could be appointed at the same time to the ‘delegated wazirate’. (The ruler) continued to be controlled in this way until non-Arab rulers seized power and the identity of the caliphate was lost. The usurpers were not interested in adopting the caliphal titles, and they disdained to share the same title with the wazirs, because the wazirs were their servants.

Therefore, they used the names ‘amir’ and ‘sultan’. Those in control of the dynasty were called amîr al-umarâ’ or sultan, in addition to the ornamental titles which the caliph used to give them. They left the name wazir to those who held the office in the private retinue of the caliph. So remained the case down to the end of the ‘Abbâsid dynasty.”[34]

Ottoman Wazirs

The Wazir al-Tafwid during the Ottoman period was called the Grand Vizier. Under him were a number of Viziers who each had their areas of responsibilities. Colin Imber says, “There were, however, institutions which made the administrative and less crucial policy decisions. Of these, the most important was the Imperial Council [Dîvân-ı Hümâyûn], the divan, which, under the presidency of the grand vizier, acted on the sultan’s behalf and issued decrees in his name.”[35]

The Wazir’s Portfolio

Al-Mawardi stipulated that the wazir had to have general jurisdiction i.e. not be assigned to one particular role or portfolio (العَمَل). He mentions two conditions are required for the contract of wazirate to be valid.[36] These are:

1- General jurisdiction (عُمُومُ النَّظَرِ)

2- Deputyship (النِّيَابَةُ)

In modern times the closest comparable position to Al-Mawardi’s Wazir Al-Tafwid is a Prime Minister or Vice-President. A Prime Minister however is ‘first among equals’ (Primus inter pares) as part of a cabinet of ministers who collectively rule. This is not in-line with Islamic ruling which specifies singular leadership and a unitary executive. This is why Muhammad Asad says, “In view of all this, it would seem that a ‘presidential’ system of government, somewhat akin to that practiced in the United States, would correspond more closely to the requirements of an Islamic polity than a ‘parliamentary’ government in which the executive powers are shared by a cabinet jointly and severally responsible to the legislature.”[37]

In the parliamentary and republican systems, heads of executive departments are called ministers, and their departments ministries. This is the case across the Muslim world where wazirs have specific portfolios and not general jurisdiction unless they are a Prime Minister.

There is no problem in this because the word wazir is a technical term whose meaning has changed throughout Islamic history. What is important is the government position and function (wilayat) and not the title.

Moreover, the wazirs in the time of the Prophet ﷺ, Rightly Guided, Umayyad and Abbasid caliphates all were assigned specific portfolios until the rise of the Emirates and Sultanates in the 10^th century as Ibn Khaldun discussed previously. Harun Al-Rashid’s wazir Yahya bin Khalid for example, was assigned two functions – diwan al-kharaj[38] and diwan al-khatam[39].”[40]

Dangers of a Wazir with general jurisdiction

Restricting the powers and portfolios of wazirs is very important. Assigning a wazir with general jurisdiction may lead them to become more powerful than the caliph and even deposing the caliph. This was the situation with the Buyid Amirs and Seljuk Sultans, an irregular situation which Al-Mawardi was attempting to rectify using sharia realpolitik.

Al-Mawardi describes a series of situations which make the bay’a contract either fasid (defective) or batil (void). One of these is related to influence and control over the caliph by the Amirs and Sultans i.e. the ‘wazirs’. He says, “Control/restriction (الْحَجْرُ Al-Hajr) here describes the situation when someone from his assistants (mu’awinun) gains authority over him and rules autocratically over the execution (tanfidh) of affairs without appearing to commit any act of disobedience and without any manifest sign of opposition. This does not exclude him from Imamate and it does not impair the validity of his governance, but the actions of the person who has taken over his affairs should be investigated:

If they are in accordance with the judgements of the deen and according to the requirements of justice, he may be allowed to remain in order that the Imamate may continue to function and its rulings be executed, lest the affairs of the deen be interrupted and the Ummah is corrupted.

If however, his actions are outside the rule of the deen and the requirements of justice, he may not tolerate his actions and he must seek the help of another in order to overcome him and put an end to his dominance.”[41]

This is what ‘legalised’ the situation of the caliph and his bay’a vis-à-vis the Buyid Amirs and Seljuk Sultans.

This symbiotic relationship between the Sultans and Caliphs, where the Sultan’s gave bay’a to the caliph in exchange for being assigned delegated (tafwid) authority over their emirates and sultanates, continued until 1517 when Ottoman Sultan Selim I reunited the institutions of caliphate and sultanate once again.

Al-Musta’in (r.1406-1414CE), the Abbasid Caliph within the Mamluk Sultanate based in Cairo held the dual role of Sultan and Caliph. His wazir Sheikh Mahmudi held general jurisdiction over the caliphate, and with this great power he demanded that the caliph surrender the sultanate (executive power) to him and remain a spiritual caliph only, as was the case of all the Abbasid Caliphs since the mid-10^th century. Once Sheikh Mahmudi became the Sultan he gave himself the title Al-Muayyad and then deposed Al-Musta’in as the caliph. He then gave bay’a to Al-Musta’in’s brother Al-Mu’tadid II who became the ‘spiritual’ caliph from 1414-1441CE. [42]

A vivid example of the dangers of an ‘all-powerful’ wazir can be seen in the time of the third rightly guided caliph – Uthman bin Affan (r.644-656CE) whose secretary (katib)[43]was Marwan ibn Al-Hakam.

“Seven hundred men left Egypt and dwelt in the mosque (of Medina). They complained to the Sahaba at the times of the prayers about what Ibn Abi Sarh (Egyptian Governor) had done…Uthman said to them, “Choose from amongst yourselves a man whom I shall appoint over you in his (Ibn Abi Sarh’s) place.” The people indicated to him Muhammad ibn Abi Bakr. They said, “Appoint Muhammad ibn Abi Bakr over us.” He [Uthman] wrote his covenant and appointed him.

A number of the Muhajirun and Ansar went with them to look into that (dispute) which was between the people of Egypt and Ibn Abi Sarh. Muhammad went and those with him. When they were about three days’ journey from Medina, they came upon a black slave on a camel beating the camel so much that it was as if he was pursuing or being pursued. The Sahaba of Muhammad ﷺ said to him, “What is your story? What is your business? It is as if you were fleeing or pursuing someone.” He said to them, “I am the slave of the Amir al-Mu’minin and he has directed me to the governor of Egypt.” A man said to him, “This (Muhammad ibn Abi Bakr) is the governor of Egypt.” He said, “It is not this one I want.” Muhammad ibn Abi Bakr was told of his affair and so he sent a man in search of him who took him and brought him to him. He said, “Slave, who are you?” He began to say, one time, “I am the slave of the Amir al-Mu’minin,” and another time, “I am the slave of Marwan,” until one man recognised that he was the slave of Uthman. Muhammad said to him, “To whom are you sent?” He said, “To the governor of Egypt.” He said, “With what?” He said, “With a message.” He said, “Do you have a letter with you?” He said, “No.” They searched him and didn’t find a letter with him. He had with him a jug which was dry, in which was something which moved about, so they moved it about to bring it out but it didn’t come out. They broke the jug and there was a letter in it from Uthman to Ibn Abi Sarh. Muhammad gathered those with them of the Muhajirun, the Ansar and others, then he opened the letter in their presence. There was in it, “When Muhammad, so-and-so, and so-and-so come to you, then find a way to kill them, and declare his letter to be false.”

‘When Ali saw that, he sent for Talhah, Al-Zubayr, Sa’d, ‘Ammar and a group of the Sahaba, all of whom were at Badr. Then he went in to Uthman, with him the letter, the slave and the camel. Ali said to him, “This slave is your slave?” He said, “Yes.” He said, “And the camel is your camel?” He said, “Yes.” He said, “Then you wrote this letter?” He said, “No,” and he swore an oath, “By Allah I did not write this letter, I did not order it, and I had no knowledge of it.” Ali said, “The seal (khatam) is your seal?” He said, “Yes.” He said, “How does your slave go out on your camel, with a letter upon which is your seal, and you know nothing about it?” He swore again, “By Allah, I did not write this letter, I didn’t order it, and I never directed this slave to go to Egypt.” As for the handwriting, they recognised that it was that of Marwan, and they came to doubt as to Uthman. They demanded that he should give them Marwan and he refused, while Marwan was with him in the house.”[44]

This event culminated in the assassination of Uthman, and set in motion years of civil war and disunity among the ummah.

Al-Mawardi calls ‘A Wazir with Portfolio’ an Amir

A department minister in Al-Mawardi’s framework is not called a Wazir Al-Tafwid because he doesn’t have general jurisdiction. He mentions that:

وَلَا يَجُوزُ أَنْ يُقَلِّدَ وَزِيرَيْ تَفْوِيضٍ عَلَى الِاجْتِمَاعِ؛ لِعُمُومِ وِلَايَتِهِمَا

“he [Imam] may not appoint two Wazir Al-Tafwid’s to work together because of the general nature of their powers of authority (wilāya).”[45] He then discusses the situation where a Wazir Al-Tafwid is appointed over a specific portfolio acknowledging that this is a valid contract, but in his model they would be called a Wali (Amir) and not a Wazir.

Al-Mawardi says that if two Wazir Al-Tafwids are appointed,“they should not share in the matter of supervision, and that each of them should be assigned a task that the other has no responsibility for. This can be done in one of two ways:

1- Either each of them should be assigned a specific task in which the general supervision is the same as the specific task, such as assigning the ministry of Ash-Sham to one of them, and the ministry of the Maghreb (Morrocco) to the other.

2- Or each of them is assigned a position in which the general aspect of the work is the specific aspect, such as appointing one of them as a minister of war (harb) and the other as a minister of taxation (kharaj).

In both cases, the appointment is valid, but they are not Wazir Al-Tafwids, they are governors (wulah) of two different functions. This is because the Ministry of Delegation (wazaratul-tafwid) should be concerned with what is general, and thus these two wazirs should be able to execute all tasks and exercise full jurisdiction: in fact the appointment of each is restricted to each person’s particular task and neither can oppose the other’s jurisdiction or particular responsibility.”[46]

In Al-Mawardi’s model a Wazir with Portfolio would be called a Wali Khāss (والِي خاصّ), “مَنْ تَكُونُ وِلَايَتُهُ عَامَّةً فِي أَعْمَالٍ خَاصَّةٍ Those with general authority but only with regard to a particular wilāya.”[47]

Hashim Kamali says, “Walāya is of two types, namely general (walāya ʿāmma) such as that of ministers and governors, and specific (walāya khāssa), which is task-specific and consists mainly of implementation rather than exercise of political power and policy initiatives. One who discharges general walāya must have comprehensive knowledge of the subject matter that falls under his jurisdiction, but one who exercises specific walāya need not have that level of knowledge.”[48]

The term wilāya is generally used to refer to a province, but its meaning is wider than this and means any delegated authority. This is why Al-Mawardi uses this term for his twenty governing functions. In Al-Muhit dictionary, the verbal noun (المَصْدَر masdar) وِلايَة with a kasra is defined as the plan (الخُطَّةُ Al-Khutta), the leadership (الإِمارَةُ Al-Imara) and the authority (السُّلطانُ Al-Sultan).[49]

Therefore, an executive department or ministry nowadays is equivalent to a wilāya, and the department minister (wazir) equivalent to an Amir or Wali in Al-Mawardi’s terminology. This is the case if the minister is a Wazir Al-Tafwid i.e. has delegated authority and executive power over his ministry. If he doesn’t have delegated power then he would be known as a Minister of Execution (Wazir Al-Tanfidh), with the title Secretary (Sahib or Katib).

Notes

[1] Abu l-Hasan al-Mawardi, Al-Ahkam as-Sultaniyah, Ta Ha Publishers, p.37; https://shamela.ws/book/22881/45

[2] The caliphate was abolished two years later on 3^rd March 1924

[3] Marlies Hoenkamp-Mazgon, ‘Palais de Hollande in Istanbul. The Embassy and envoys of the Netherlands since 1612,’ Boom, 2002, p.72

[4] Since the Ottoman Caliphate was in existence and it’s prohibited to have more than one caliph, Sultanate is a more appropriate term for the reality of this state, even if the term Caliphate was used.

[5] Aisha Abdurrahman Bewley, ‘Democratic Tyranny and the Islamic Paradigm,’ Diwan Press, 1st edition, 2018, Kindle Edition, p.86

[6] Sunan an-Nasa’i 4204, https://sunnah.com/nasai:4204

[7] Ibn Khaldun, ‘The Muqaddimah – An Introduction to History,’ Translated by Franz Rosenthal, Princeton Classics, p.300

[8] https://tafsir.app/ibn-aashoor/20/29

[9] Surah Al-Qiyamah, ayah 11

[10] al-Mawardi, Op.cit., p.40

[11] Ibn Khaldun, Op.cit., p.305

[12] Ibn Sa’d, Tabaqat, https://shamela.ws/book/1686/595

[13] Abu Ja`far Muhammad b. Jarir al-Tabari, ‘The History of Al-Tabari’, translation of Ta’rikh al-rusul wa’l-muluk, State University of New York Press, Vol. 11, p.149

^[14] Al-Tabari, Op.cit., Vol.14, p.6 https://shamela.ws/book/9783/2030

[15] al-Tabari, https://shamela.ws/book/9783/2222

[16] Abdul-Qadeem Zallum, ‘The Ruling System in Islam,’ translation of Nizam ul-Hukm fil Islam, Khilafah Publications, Fifth Edition, p.144

[17] Ibn Khaldun, Op.cit., p.298

[18] Holy Qur’an, Surah Al-Qasas, ayah 38

[19] Al-Tabari, Op.cit., Vol. 21, p.213

[20] S.D.Goitein, ‘The Origin of the Vizierate and its True Character,’ Published in ‘Islamic Culture: The Hyderabad Quarterly Review,’ Vol.16, 1942, p.380

[21] Abu l-Hasan al-Mawardi, Op.cit., p.37

[22] Ibn Khaldun, Op.cit., p.304

[23] Ann K. S. Lambton, ‘State and Government in Medieval Islam,’ Oxford University Press, 1981, p.95

[24] Al-Hakim, al-Mustadrak, vol.1, p.10, #3046; Jami’ at-Tirmidhi 3680, https://sunnah.com/tirmidhi:3680 ; There is difference of opinion over the strength of the isnad. Al-Hakim and Tirmidhi authenticated it as Hasan. https://www.islamweb.net/ar/library/index.php?page=bookcontents&ID=7139&bk_no=56&flag=1#:~:text=%D9%85%D8%A7%20%D9%85%D9%86%20%D9%86%D8%A8%D9%8A%20%D8%A5%D9%84%D8%A7%20%D9%88%D9%84%D9%87,%D8%B4%D8%A7%D9%88%D8%B1%20%D9%88%D8%B2%D9%8A%D8%B1%D9%87%20%D8%8C%20%D9%88%D9%85%D9%86%D9%87%20%D9%82%D9%88%D9%84%D9%87%20%D8%AA%D8%B9%D8%A7%D9%84%D9%89

[25] Jami’ at-Tirmidhi 3676, https://sunnah.com/tirmidhi:3676

[26] Al-Hakim, al-Mustadrak (3/63)

[27] Ibn Khaldun, Op.cit., p.302

[28] As-Sallaabee, ‘The Noble Life of the Prophet ﷺ,’ p.1831; al-Mubarakpuri, ‘The Sealed Necatar,’ p.174

[29] Sunan Al-Nasa’i 2993, https://sunnah.com/nasai:2993

[30] Sahih al-Bukhari 7303, https://sunnah.com/bukhari:7303

[31] Sunan Abi Dawud 1623, https://sunnah.com/abudawud:1623

[32] Ibn Khaldun, Op.cit., p.303

[33] Ibn Khaldun, Op.cit., p.303

[34] Ibn Khaldun, ‘The Muqaddimah – An Introduction to History,’ Translated by Franz Rosenthal, Princeton Classics, p.303

[35] Colin Imber, ‘The Ottoman Empire, 1300-1650: The Structure of Power,’ Palgrave Macmillan, 2002, p.154

[36] al-Mawardi, Op.cit., p.38 https://shamela.ws/book/22881/46#p1

[37] Muhammad Asad, Op.cit., p.61

[38] Treasury Department

[39] Office of the seal, which oversaw secure and confidential documents

[40] Al-Tabari, Op.cit., Vol. 30, p.101

[41] Al-Mawardi, Op.cit., p.34 https://shamela.ws/book/22881/42

[42] Jalal ad-Din as-Suyuti, ‘History of the Caliphs,’ a translation of Tarikh al-Khulafa’ by Major H.S.Jarrett, Calcutta, 1881, p.534

[43] The title Wazir was not used until the Abbasid era.

[44] Jalal ad-Din as-Suyuti, ‘The History of the Khalifahs who took the right way,’ 3rd Revised edition, a translation of the chapters on al-Khulafa’ ar-Rashidun from Tarikh al-Khulafa’, Translated by Abdassamad Clarke, Ta-Ha Publishers Ltd, p.169.

[45] Al-Mawardi, Op.cit., p.45 https://shamela.ws/book/22881/55#p1

[46] Al-Mawardi, Op.cit., p.46 https://shamela.ws/book/22881/55#p1

[47] Al-Mawardi, Op.cit., p.35; https://shamela.ws/book/22881/44

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

[49] Al-Qāmus al-Muḥīṭ dictionary, https://shamela.ws/book/7283/1320

[50] Abu Ja`far Muhammad b. Jarir al-Tabari, ‘The History of Al-Tabari’, translation of Ta’rikh al-rusul wa’l-muluk, State University of New York Press, Vol. 11, p.149

[51] Tabari, https://shamela.ws/book/9783/1699

[52 ] From the state treasury (Bait ul-Mal)

[53 ] Dr Ali Muhammad As-Sallabi, ‘The Biography of Abu Bakr As-Siddeeq’, Dar us-Salam Publishers, p.271

[54 ] Holy Qur’an, Surah Al-Hujjurat, ayah 4

[55 ] Alī ibn Ahmad al-Wāhidī, Asbāb al-Nuzūl, translated by Mokrane Guezzou,2008 Royal Aal al-Bayt Institute for Islamic Thought, p.139

[56 ] The senior sahaba were his advisors

[57 ] The Mazalim will pro-actively check government policy to ensure no injustices are performed

[58 ] Dr Ali Muhammad as-Sallabi, ‘Umar ibn al-Khattab, His Life and Times,’ Vol.1, International Islamic Publishing House, p.149

[59 ] Al-Sallabi, ‘The Biography of Uthman bin Affan,’ p.78

[60 ] Sahih al-Bukhari 4481, https://sunnah.com/bukhari:4481

[61 ] Suyuti, History of the Caliphs, https://shamela.ws/book/11997/139

[62 ] Al-Sallabi, ‘Ali ibn Abi Talib,’ vol.1, p.245

[63 ] Sunan Abi Dawud 4398, https://sunnah.com/abudawud:4398

[64 ] Al-Sallabi, ‘Umar ibn al-Khattab, his life and times,’ vol.1, p.522

[65 ] waiting period after death/divorce of husband

[66 ] Al-Sallabi, ‘Ali ibn Abi Talib,’ vol.1, p.249

[67 ] Al-Sallabi, ‘Ali ibn Abi Talib,’ vol.1, p.253

[68 ] Although this was not a formal title, the actual role conforms to this reality

[69 ] Dr Ali Muhammad Sallabi, ‘Umar bin al-Khattab, His life and Times,’ Vol. 2, International Islamic Publishing House, p.98

[70 ] https://www.islamweb.net/ar/fatwa/175037/%D9%87%D9%84-%D9%82%D8%A7%D9%84-%D8%B9%D9%85%D8%B1-%D8%A3%D9%8A%D9%87%D8%A7-%D8%A7%D9%84%D9%86%D8%A7%D8%B3-%D9%85%D9%86-%D8%B1%D8%A3%D9%89-%D9%81%D9%8A-%D8%A7%D8%B9%D9%88%D8%AC%D8%A7%D8%AC%D8%A7-%D9%81%D9%84%D9%8A%D9%82%D9%88%D9%85%D9%87

[71 ] Al-Sallabi, ‘Ali ibn Abi Talib,’ vol.1, p.278

[72] Dr Ali Muhammad As-Sallabi, ‘The Biography of Abu Bakr As-Siddeeq’, Dar us-Salam Publishers, p.748

[73] Al-Bidaayah Wan-Nihaayah (2/319) quoted in Al-Sallabi’s Biography of Abu Bakr Siddiq, p.380

[74] Abu l-Hasan al-Mawardi, ‘The Laws of Islamic Governance,’ translation of Al-Ahkam as-Sultaniyah, Ta Ha Publishers, p.116; https://shamela.ws/book/22881/125

Islamic Civilization

Islamic Civilization

Structure of an Islamic State: The Wazir

The Meaning of Wazir

Evolution of government titles

Role of the Wazir

History of the Wazirate

Wazirs in the time of the Prophet ﷺ