From: Al-Ahkam as-Sultaniyyah:The Laws of Islamic Governance by Abu'l-Hasan al-Mawardi --translated by Dr. Asadullah Yate. (Ta Ha Publishers London)
Taken from Chapter 1 - The contract of Imamate
Having established the obligation of Imamate it must then be known that it is incumbent in a social and a collective way, like the Jihad and the acquisition of Knowledge- that is if one person who is competent in the matters takes it up, the obligation is removed from the rest of the community; if no one takes it up, two parties may be distinguished as responsible for making this choice among the people: the first, those who are worthy of choosing an Imam for the Ummah and second, those who themselves are worthy of the office of Imamate.
No Pressure is to be applied, and no sense of negligence is to be ascribed, to anyone else outside of these two parties regarding choosing the Imam.
Once these two parties have been distinguished `from amongst the ummah with respect to the election of the Imam, it is necessary to assess each of the two parties according to the conditions which are binding in this matter.
There are three conditions regarding those eligible to make the choice:
Those living in the Country of the Imam do not possess any advantage over those living in other countries: it is rather that someone resident in the Country of the Imam contract to elect the Imam by custom not by any legal imposition of the shari'ah; moreover such residents will come to know of the death of the Imam before people from other countries and usually the person who is most fitting for the succession is to be found in the Country of the Imam.
There are seven conditions regarding those suited to the Imamate:
Also Published by Garnet under a separate translator :Al-Ahkam
al-Sultaniyya The Ordinance of Governance.
Abu al-Hasan al-Mawardi Al-Mawardi.
Translated by Professor Wafaa H Wahba Paperback Page
-translated by Professor Wafaa H Wahba
Prophet Muhammad (peace be upon him) said: 'The best (Jihad) is (to speak) a
word of justice to an oppressive ruler'
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