This view is however...

This view is however, untenable on account of the fact that al-Mawardi is, truly speaking, not a philosopher, and is least interested in abstract thinking. He is a jurist and builds on the opinions of his forbears, gives a wider scope to these opinions, and uses his own wisdom to apply them intelligently to the special conditions of his own times.

His greatest merit, therefore, lies in the fact that he abstains from abstract speculation and correlates the opinions of the jurists to the historical perspective of his age. Similarly, as already remarked, he is not a mere compiler or interpreter and expresses views opposed to the views of earlier authorities, or gives out opinions altogether original.