Administrative System

   Compared to the administrative system in the Islamic east or Christian west, that of Andalusia was much more advanced. The cabinet in the capital city of Cordoba, for instance, during the Umayyad period had several portfolios with a Prime Minister called 'hajib' (or chamberlain) who was in direct contact with the caliph. In the Cabinet system in the Islamic east or European west, power was centered in the hands of one minister, rarely were there two. In Andalusia each aspect of the general administration had a special minister, with the head of the cabinet i.e. hajib who used to stand by the door of the caliph or the sultan. The calipha palace in Andalusia had a special house for cabinet meetings. This ministerial system in Andalusia almost resembles the modern Cabinet of Ministers. The minister of finance was sometimes known as minister of works, a term which is still in use in Spain today. (Ministro De Hacienda) .

The Judiciary in Andalusia enjoyed a similar development. The position of Chief Judge (Qadi Al Qudat) in the east was substantially different from the Judge of the Al Jama'h (group) in Andalusia. The former is the judge for the whole state with other judges in districts or provinces as his deputies to be appointed or dismissed by him. The latter was the judge for Cordoba, with power over Cordoba and its suburbs alone.

In other words, the judge of the group had no power over other judges in other Andalusian cities or provinces. They were independent of him and not his deputies. He entertained a moral status alone, being the judge of the capital city, the Caliph's counsellor and the leader of Friday and feast prayers. Thus the judicial system in Andalusia also adopted decentralization.

    In Andalusia, adversaries had the right of appeal; if they did not like the ruling of one judge they could refer the case to another one who had the right to return it to the first judge for reconsideration or to the sultan who would rule after consultations with the appeal board. It seems this right of appeal was known only in Andalusia and Maghreb as it was not referred to in Abu Al Hassan al Mawardi's book 'Al Ahkam Al Sultaniya'. It also appears that this judge of appeal had the same role as the Minister of Appeal in Maghreb until quite recently.

    The Islamic west in general adopted the Maliki creed in its legislation. It is even mentioned that the people of AI Maghreb and Andalusia knew only the Book of Allah and 'Al Muwat'a' written by Imam Malik. Undoubtedly, this policy, which suited the geographical and the military position of the Maghreb and Andalusia as Islamic frontiers, safeguarded them against the evils of sectarian seditions and conflicts and preserved their spiritual integrity and unity, thus acting as a protective shield to Islam in the far west. This was not the case in the east in Cairo, Damascus or Baghdad where several creeds and sects engaged in conflicts. But this did not generate much worry because they were in the heart of the Islamic world. It is notable that the Spanish Christian Kingdoms bordering the Muslims in Spain adhered to one religious sect as well because they constituted Christian frontiers. They adopted the Catholic sect and became more fanatical than the Pope himself "Mas Papista Que El Papa". This parallel position indicates mutual interaction.

    In this regard we should state one important point that though the Maliki creed penetrated Spain, it soon became independent due to local factors. The Andalusians started to adopt some teachings of the Imam of Syria Abu Amr al 'Awza'i buried in Beirut in 157 A.H. and the Egyptian Imam Al-Laith Ibn Sa'ad (d. 175 A.H.). In this connection the legislator Abu AI Hassan AI Nabahmi Al Malaqi (8th century A.H.) says in his book entitled 'Al Martab8- Al-U'lia Fi Mun Yastahiqal Qada' Wal Futia' page 149 "The Andalusians deviated from Malik Ibn Anas's creed in licensing the lease of only the cultivated portion of land (AI Laith Ibn Sa'ad Creed) and the planting of trees in Mosque Patios- Al Awza'i's creed".

    Andalusian rulers continued this tradtion in Andalusian mosques from Abdul Rahman Al Dakhil who ordered the legislator Sa'asa'a Ibn Sallam to plant the Patio of the Cordoba mosque with wonderful trees. This good habit continued in the mosques of Andalusia until today when you can see lemon and bitter orange trees not only in the patio of the Umayyad Mosque in Cordoba but in churches as well.

    In addition to the judge, there was the Police Master (Minister) who reviewed political and civil crimes and maintained security. He is like the judge of crimes and violations that are not within the jurisdiction of the judge. Ibn Khaldun says in this connection that it was decided, for political reasons, to keep the judge away from this civil responsibility and to vest it in another senior leader or notable i.e. the Police Master. The Police system in Andalusia was divided into a superior police that looked into crimes of the notables, and lower police that examined crimes of the public. This stratified system in trials which contradicts the spirit of Islam, was unique to Spain.

    The police chief was assisted by patrols who roamed the streets at night and closed the city gates; each guard was accompanied by a dog and carried his arms and a lamp. This habit of closing doors at night is still common in Spain today; the guards are known today as "serenos". The continuation of night duty guards in the Andalusian manner may be seen as another example of continuity.

    In addition to the police, there was the 'Hisba' system which was meant to supervise commercial transactions in the markets and to control public behaviour in mosques, schools, baths and lanes. This system in the Maghreb and Andalusia was more definite and more necessary for life than in the east; hence its uninterrupted continuation. The best proof of the significance of this system is that the Christian kings of Spain maintained it when they regained the region from Muslims. For this reason the Arab word for this kind of assignment was borrowed and used by the Spanish language as 'Al Motacen' which means the person in charge of controlling measures. In the Maghreb, the position is still used in the cities, while it has disappeared in the east. It is also noticed that the responsibilities of Al Muhtaseb in Al Maghreb today does not differ greatly from its status in the middle ages.