Hubungan Negara, Syariat, dan Pemimpin dalam Perspektif Imam al-Māwardī

Abstract

This study aims to determine the relationship between the state, the Shari'a and the leader according to the perspective of Imam al-Māwardī. This research belongs to the type of literature qualitative research using descriptive analysis of the Kitab al-Aḥkām al-Sulṭāniyyah. The results of this study found that the relationship between the state, the Shari'a, and the leader according to Imam al-Māwardī is a unity that cannot be separated, even in the case of arūriyyah to protect human life (ḥifẓ al-nafs). The existence of the state is obligatory based on the Shari'a, while Imamat is fardu kifāyah. The Imam is chosen by ahlu al-`aqd wa al-ḥal or by appointment by the previous imam. The person who chooses the Imam has special conditions as the Imam is also chosen based on special conditions. The process of selecting an imam is attended by all or part of the members of ahlu al-`aqd wa al-ḥal by selecting the best criteria. If there are two candidates who have the same criteria and capacities, then those chosen are adapted to the needs and demands of the times. However, if the leader has been elected and there is a better one, then allegiance must still be given to someone who is more deserving.