19. Abū Yūsuf, 1352 AH, p. 111; see also pp. 3–17.
20. Al-Māwardī, Adab (1955), p. 125.
21. Ibn Taymiyyah, Majmūʿ al-Fatāwā, 1961, Vol. 18, p. 165.
22. Ibid., p. 166. See also his Minhāj al-Sunnah, 1986, Vol. 5, p. 127.
23. Ibn Taymiyyah, Al-Ḥisbah fī al-Islām (1967), p. 94. For a translation, see Muhtar Holland, Public Duties in Islam: The Institution of the Ḥisba (1982), p. 95.
24. Ibn Khaldūn, Muqaddimah, p. 287.
25. See Chapra, Challenge, 1992, pp. 143–56 and 168–9.
26. Ibn Khaldūn, Muqaddimah, p. 288.
27. Ibid., p. 288.
28. Ibid.
29. Ibid., p. 286.
30. Sayyid Muḥammad Rashīd Riḍā, Tafsīr al-Manār (1954), Vol. 4, p. 45.
31. Sayyid Qutb, Al-ʿAdālah al-Ijtimāʿiyyah fī al-Islām, 6th ed., 1964, p. 34; tr. John B. Hardie, Social Justice in Islam (1970), p. 29.
32. See Adnan M. Musallam, “Sayyid Qutb and Social Justice, 1945–1948”, 1963, p. 61.
33. Mawdudi, Tafhīm al-Qur’ān, commentary on verse 25 of Sūrah 57 (al-Ḥadīd), Vol. 5, p. 322.
34. M. Bāqir al-Saḍr, Iqtiṣādunā, 1981, p. 303.
35. Majallah al-Aḥkām al-ʿAdliyyah, briefly known as the Majallah, states 100 maxims of jurisprudence (al-Qawāʿid al-fiqhiyyah) in its preamble. An English translation of the Majallah by C.R. Tyser et al. and entitled The Mejelle was published in 1967 by the All Pakistan Legal Decisions, Nabha Road, Lahore. Although the Majallah is a Hanafi compendium codified during the Ottoman period, the maxims are almost universally used by jurists of all schools of Muslim jurisprudence. See also Mustafa A. al-Zarqa, Al-Fiqh al-Islāmī fī Thawbihī al-Jadīd (1967), Vol. 2, pp. 945–1060; Ali Ahmad al-Nadwi, Al-Qawāʿid al-Fiqhiyyah (1986). The numbers given within brackets after each principle refer to the articles of the Majallah from which the principle has been derived. See also the section on “Principles of Spending” in Chapter 6 for further maxims.
36. The first ḥadīth is from Shaddād ibn Aws in Ṣaḥīḥ Muslim, Kitāb al-Ṣayd wa al-Dhabā’iḥ, Bāb al-amr bi Iḥsān fī al-Dhabḥ wa al-Qatl, Vol. 3, No. 57, p. 1548; the second ḥadīth is from Sayyidah ʿĀ’ishah in al-Bayhaqī’s Shuʿab al-Īmān, 1990, Vol. 4, No. 5312, p. 334.
Iḥsān demands the rendering of more than what is required by ʿadl or justice. For example, if the seller gives to the buyer honestly not only the agreed weight or measure in return for the price he has paid but something more, then he is acting upon the principle of iḥsān.
37. Abū Yūsuf, 1352 AH, p. 4.
38. The actual wording of this ḥadīth is: “A human being will not be able to make any move on the Day of Judgement until he has been questioned about his life, how he passed it; his knowledge, how he applied it; his wealth, how he acquired it and where he spent it; and his body, how he exhausted it.” Narrated by Tirmidhī from Abū Barzah al-Aslamī, see al-Mundharī, 1986, Vol. 1, No. 5, p. 115.
39. See Anas Zarqa, 1980, p. 13.
40. Faridi defines an optimum allocation of resources as “the one that establishes an equilibrium between the moral and economic imperatives of the society, given its income and the state of technology” (Faridi, 1983, p. 40).
41. Articles 26, 27 and 28 of the Majallah.
42. See Shāh Walīullāh (d. 1176/1762), Hujjatullāh al-Bālighah, 1992. The whole book (two volumes) is intended to show the wisdom behind the different teachings of the Sharīʿah.
43. Al-Māwardī, Adab (1955), p. 120.
44. Ibn Khaldūn, Muqaddimah, p. 287.
45. Bukhārī, Kitāb al-Aḥkām, Bāb Man isturʿiya raʿiyyatan falam yanṣaḥ, from Maʿqil ibn Yasār.
46. Cited by al-Māwardī, in Adab, 1955, p. 121.
47. Prof. North has used the term ‘nasty’ for all such behaviour. See the Chapter “Ideology and Free Rider”, in North, 1981.
48. Ibn Taymiyyah, Al-Siyāsah al-Sharʿīyyah, 1966, p. 139. This is really a part of a ḥadīth which says: “The ruler (sulṭān) is the shadow of God on earth; every oppressed person seeks his protection. If he does justice, he deserves reward and the subjects owe thanks. However, if he commits injustice, he bears the burden and the subjects need patience” (Ibn ʿUmar by al-Bayhaqī, Shuʿab al-Īmān, Vol. 6, p. 16: 7369).
49. Some of these scholars include: Abū Yūsuf (d. 182/798), al-Māwardī (d. 450/1058), Abū Yaʿlā (d. 458/1065), Niẓām al-Mulk ((d. 485/1092), al-Ghazālī (d. 505/1111), Ibn Taymiyyah (d. 728/1328), Ibn Khaldūn (d. 808/ 1406), Shāh Walīullāh (d. 1176/1762), Jamāluddīn al-Afghānī (d. 1315/1897), Muhammad ʿAbduh (d. 1323/1905), Muhammad Iqbal (d. 1357/1938), Hasan al-Banna (d. 1368/1949), Sayyid Mawdudi (d. 1399/1979), and Bāqir al-Ṣadr (d. 1400/1980).
50. Al-Māwardī, Al-Aḥkām, 1960, p. 5.
51. See Khadduri, 1984, p. 179.
52. Ibn Taymiyyah’s Al-Siyāsah al-Sharʿiyyah, 1966, is an elaboration of the Qur’ānic verse, “God bids you to place your trusts with those who are worthy of them” (al-Qur’ān, 4: 58). He, like most other authorities, considered government positions to be trusts. See in particular, pp. 9–14 and 138–44.
53. Some of these authors include: al-Kātib (d. 132/749), Ibn al-Muqaffaʿ (d. 139/756), al-Nuʿmān (d. 363/974), al-Māwardī (d. 450/1058), Kai Ka’ūs (d. 475/1082), Niẓām al-Mulk (d. 485/1092), al-Ghazālī (d. 505/1111), al-Ṭurṭūshī (d. 520/1127). (For details, see Essid, 1995, pp. 19–41.)
54. This book has been translated from Persian into English by Hubert Darke under the title, The Book of Government or Rules for Kings (London, 1961), p. 7.
55. Al-Dimashqī, 1977, pp. 12 and 61; Ibn Khaldūn, Muqaddimah, pp. 281–3.
56. Hasan al-Banna, Majmūʿah Rasā’il (1989), p. 255.
57. This idea is expressed by Mawdudi in a number of places. See for example, his commentary on verse 25 of Sūrah 57 (al-Ḥadīd) in Tafhīm al-Qur’ān, Vol. 5, pp. 322–3; Islamic Law and Constitution, 1967, pp. 247–8.
58. Al-Ṣadr, Iqtiṣādunā, 1981, p. 721. See also Taleghani, 1982, p. 28.
59. See Ibn Khaldūn, Muqaddimah, pp. 225–6.
60. Cited from ʿUmar ibn al-Khaṭṭāb, the second Caliph, by Ibn al-Ukhuwwah, n.d., p. 17–18.
61. Ibn al-Ukhuwwah, n.d., p. 7.
62. Al-Māwardī, Al-Aḥkām, 1960, p. 240.
63. See Rabah’s Introduction to Ibn Taymiyyah’s Al-Ḥisbah, 1967, p. d. (
64. For a more comprehensive list, see Tables 1 and 2 in Shalaq, 1989, pp. 65–6.
65. Islahi, 1988, p. 19.
66. See M.N. Siddiqi, in Islahi (1988), p. 16. See also Islahi’s Chapter