Ahl al-Diwan (those paid from the state register of soldiers and officers, and the rules of their conditions and distribution)

أهل الديوان

Diwan is a Persian loan-word meaning a collection of sheets and writings, in which the army and those given grants were written; for the jurists it is the register in which the names of those in state service who receive a stipend from the public treasury are recorded, and the office that keeps it. ¹ Umar ibn al-Khattab (may God be pleased with him) was the first to set up the diwan, according to two accounts. ¹² The people of the diwan are of several kinds: soldiers, on conditions that are regulatory, such as puberty, freedom, Islam, health and fitness for fighting; holders of office, such as governors, judges, scholars, collectors, imams and muezzins; and the needy. ² The Companions differed on preference in distribution: Abu Bakr and Ali made it equal, while Umar and Uthman preferred by precedence in Islam, and Umar added kinship to the Prophet ﷺ; Abu Hanifa and Ahmad followed the latter view. ²³

Definition

Diwan is a Persian loan-word meaning a collection of sheets and writings, in which the army and those given grants were written. For the jurists it is the register of those in the state's service who receive a stipend from the public treasury, and the place where it is kept. ¹

Ahl al-diwan: those paid from it. ¹

Its origin

Umar ibn al-Khattab was the first to set it up, according to two accounts: one when Abu Hurayra (may God be pleased with him) brought money from Bahrain, and one when the ruler needed to follow the soldiers. ¹²

Its kinds of recipient

Soldiers, on regulatory conditions: puberty, freedom, Islam, freedom from disabling conditions, readiness to fight, and freedom from any other trade. ²
Holders of office: governors, judges, scholars, collectors of property, imams and muezzins. ²
The needy. ²

Its purposes

Imam al-Haramayn names three groups supported by the imam: the needy, who are the bulk of those due zakat; those whose livelihood the ruler secures so that they may serve Islam, namely the paid soldiers and those who maintain the duties of religion such as judges, muftis and jurists; and the Banu Hashim and Banu al-Muttalib, who receive by right of kinship rather than need. ²

Equality of distribution

Abu Bakr and Ali made distribution equal, the view of al-Shafi'i and Malik. ²³
Umar and Uthman preferred by precedence in Islam, and Umar added kinship to the Prophet; this view was held by Abu Hanifa, Ahmad and the jurists of Iraq. ³

Relation to the blood-paying group

Some jurists counted the people of the diwan among the group that pays blood-money, which in early times was the kin of the killer. ³

Ahl al-Hall wa al-Aqd (those who loose and bind: the men of power whose choice confirms the imam)

Ahl al-hall wa al-'aqd are the men of power among scholars and notables through whom the purpose of authority is achieved; the term comes from loosing and binding affairs. They differ from the ahl al-shura, since the mark of the latter is learning while the mark of the former is power. They must be just, learned, judicious and wise, have a following among the people, and be sincere toward the Muslims. The choice is made by a group known as ahl al-ikhtiyar, appointed by the caliph or those present. Their work includes choosing the imam, by agreement; renewing the allegiance to a designated successor who was not qualified when he was designated; summoning an absent designee; and dismissing the imam when the cause arises. The number needed to form the imamate is disputed: the Hanbalis require most of them in every town, others say five, and the Hanafis and Shafi'is set no number.

Ahl al-Diwan (those paid from the state register of soldiers and officers, and the rules of their conditions and distribution)

At a glance