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al-Qadi Abu Yala doctrine of the imamate
International Islamic University Malaysia
The main objective of this research is to examine the Islamic system of government, which in classical terminology is known as the imamate according to the view of al-Qadi Abu Yala; the leading legal luminary of the Hanbali Madhhab in the 5th / 11th century in Baghdad. The research gives an insight into the biographical sketch of his early life, educational and legal background and the socio-political settings of the period he lived in. The study focuses on key features of the central government in the doctrine of the imamate of al-Qadi Abu Yala. The highest executive post in his doctrine of the imamate is the imam – the leader of the Islamic state – who has the legitimate authority to appoint his assistants such as the wuzara' (ministers), umara' (governors), commanders of war and commanders of expeditions for the public interest, qudah (judges), nazir al-mazalim (public complaints officer), al-muÍtasib (the officer in charge of enjoining good and forbidding evil), family heads, leaders of the salawat (prayers), officers on Íajj and those in the management of the affairs of the zakah. The appointment of any of these officers may be by delegation of authority or by execution of authority. In this research, the requirements and qualifications for appointment or nomination to these official positions and the areas of their jurisdictions as propounded by al-Qadi Abu Yala are thoroughly analyzed. The research shows that the system of the imamate in the doctrine of al-Qadi Abu Yala is characterized by an independent judiciary, representative consultation, rule of law and citizenship regardless of ethnicity, gender or creed. al-Qadi Abu Yala's great contribution to the constitutional and legal theories is that he gave detailed accounts of the administrative machinery of government. There is hardly a single topic regarding central administrative government, particularly in fields of administration, legislation, execution of laws and the judiciary, in which al-Qadi Abu Yala has not expressed himself. Although, his theory on the imamate was written more than ten centuries ago, it is still realistic and relevant to the needs of mankind in the contemporary era if properly applied.
"A thesis submitted in fulfilment of the requirement for the degree of Doctor of Philosophy in Law."--On t.p.
Thesis (Ph.D.)--International Islamic University Malaysia, 2011.
Includes bibliographical references (leaves 420-429).
Ibn al-Farra, Abu Ya'la Muhammad ibn al-Husayn