Executive power and judicial authority according to the works of al-Aḥkâm al-Sulṭâniyya: The example of al-Mâwardî, Abû Yaʿlâ and Juwayni

Mankind, who needs to live as a community, has created various formations that make it easier to live together throughout history as a requirement of this need. The state organization undoubtedly represents the pinnacle of these formations. In order for statehood to take place at the desired level, the administrative and judicial structure of the state, the procedure of designating the head of state and the determining criteria in this context are important. For this reason, these issues have occupied the agenda of Muslim scholars since the period of the Sahabe/Companions. Consequently, Ahkâm-ı sultâniyye literature emerged and included the following themes: issues regarding the executive, such as the necessary qualifications of the imam, the procedures of the imam's appointment and dismissal, the duties of the imam and the judicial issues such as the organization of the judiciary and the guardianship of the mazalim courts as well as the state's functioning in general. The fifth century of the Hijra was important period when the activities of the production of the aforementioned works intensified. As a matter of fact, many books that constitute the main source of studies in the field were written in this period. In order to shed light on today, it is important to examine the works in question and to examine them and to reveal the information they contain. Our study examines the works of al-Ahkâmü's-Sultâniyye by Mâverdî (d. 450/1058) and Abu Ya'lâ (d. 458/1066) and al-Giyâsî by Cüveynî (d. 478/1088). It discusses them in terms of their methods and contents and points out their differences from each other. On the other hand, it touches on the executive and judicial powers on the basis of the aforementioned works. By doing so, it aims to have an idea about the state administration and the relationship between the state and society in the caliphate system that maintained itself in the fourth and fifth centuries of the Islamic calendar. In addition, it evaluates the governance model emerging in this literature by comparing this with other systems of rule and tries to draw attention to the aspects that will shed light on today. Keywords: Ahkâm-ı Sultâniyye, caliph, executive, judiciary, imamate, caliphate theocracy, democracy