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Critical Study and Edition of Al-Hukmiyya Al -Turuq fi'l-Siyäsa al-Shar`iyya Hisba chapter

Of

Mffl B,7, & In Imäm Shams al-Din b. b. Abü Bakr UIA Ibn Qayyim al-Jawziyya (IQJ) wýAMmin 121 Ed BY Flälm

`ABD AL-HAMID K. M. H. AL-SHAIJI .. 12AFull Ku PART ONE 0

A THESIS SUBMITTED IN FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY

In the Department of Theology and Religious Studies

University of Wales Lampeter

2001

680008348 X IwI11111lull llllHIlllllI llll DEDICATION

To my parents,

For their optimism, support and constant supplication, May

Allah grant them both Jannat ul Firdous. Amin.

II ACKNOWLEDGEMENTS

All praises be to Allah the Almighty who by his grace I was granted a valuable opportunity to embark upon this research, a task which could not have been accomplished without His help. My first and foremost thanks are for Him.

From the academic staff of the University of Wales Lampeter (UWL), I would like to

first thank my supervisor Dr. Mawil Izzi Dien for his generous support and sincere

assistance throughout the research period. His invaluable advice and important

suggestions were of great help, not only to complete the research but also to guide me

in the right direction during my new life in this foreign country. Many thanks also due

to Dr. Dawoud Al-Alami for the constant help and generous support he had offered

during all the stages of the research. Also, I would like to thank Prof. N. Robinson for

his assistance whenever was needed.

Ms. Jayne Chaplin, Of the non-academic staff of UWL, I would like to thank, Secretary Secretary of the Centre for Islamic Studies and Mrs. Marlene Albert, of the Academic Department of Theology, for the help they provided. The staff of the

Computer. Services at UWL also deserve my gratitude for keeping up healthy facilities friendly at all times. Thanks also should go to all the staff of the UWL library for their Kathy Miles from co-operation throughout my stay in the university, especially Ms. the Inter-Library Loan section, for obtaining all my outside materials. I would also Department Theology like to take this opportunity to thank all my colleagues in the of

and Religious Studies, whom I spent a very pleasant and unforgettable college life

with. By their prayers to God I was relieved at times from study pressure.

I am also very indebted to Dr. Fayza Al-Khurafy, Director of Kuwait University for granting me the opportunity to study abroad and for giving tremendous support, which I needed to complete my research. Special thanks also due to the Kuwaiti Embassy in London and all the staff in the Kuwaiti Cultural Bureau for their very

TH helpful attitude towards all the Kuwaiti students in the UK including myself. They truly provided what ever was needed to successfully complete my research and their support for me in settling any trouble I faced while studying at the university will never be forgotten.

In Kuwait I thank my University, Kuwait University, and all the staff in the Faculty of

Theology for their kind help. Special thanks to the academic staff in the Department of Islamic Invitation (Al-Da`wa). I am also indebted to Prof. Abdulrazzaq K. M. Al-Shaiji, Shari'a College Kuwait University, Assistant Dean of the at whom without his support for the decision of my study abroad, this research would not be a reality. I was also splendid with his useful advice from the very first step.

I deeply Last but not least, am thankful to my brothers Dr Abdulrazzaq, Omar and Abdulsalmm and my brothers in , Ahmed al-`Anizi, Ahmed al-`Awadi, YusufBimo,

Wael All, Surkhl Sharif, All Durini and his family, Ahmed Izzidin, Abdulrahim Green, Harun, Walid, Asif Sherif, Adam Midi, Dr. AdbulHamid, Dr. Mahmild Al-MashhadAmi,

Sa'd Abu 'UbAda Special for and . thanks to my wives their support, patience and endurance, and to my children who were my sources of inspiration. My thanks are also due to my family and friends in Kuwait and U. K who always remembered me in their prayers.

TV TABLE OF CONTENTS

Acknowledgements

Table of Contents

Method of Transliteration

Abstract

Introduction

Chapter One : Political, Religious and Social Climate Prevalent at the time of

Influence Ibn Qayyim al-Jawziyya (IQJ) 1-23

1.1 Introduction 2

1.2 Political Environment 3

1.3 Religious Environment 16

1.4 Social Environment 18

Endnotes 20

24 46 Chapter Two: Ibn Qayyim al-Jawziyya's Scholastic Endeavour -

2.1 His Name and Reknown 25

2.2 His Early Years 26

2.3 His Scholastic Lifc 27

2.4 His Studies 27

2.5 IQJ's Teachers And Tutors 28

2.6 His Students 29

2.7 The Scholars' Praies For Him 31

2.8 His Literary Technique 33

2.9 His Character and Faith 35

2.10 IQJ's Achievements 37

V Endnotes 43

Chapter Three: Hisba Public Duties in Islam 47-74

3.1 Hisba in 48

3.2 The Nature and Aims of IHisba 49

3.3 Al-Ma `rUf and Al-Munkar :A linguisic perspective 55

3.4 Hisba in Islamic Legal Terminology 56

3.5 The Tnstitution of FTisha 62

3.6 The Origin of the office and the duties of the Muhtasib 69

Endnotes 72

Chapter Four: Ibn Qayyim al-Jawziyya's perspective on Hisba 75 - 96

4.1 The Author's methodology of 1Yisba 75

4.2 Required Characteristics of the Muhtasib 78

4.3 The Jurisdiction of the Muhtasib 82

Endnotes 94

Chapter Five A focus Upon Ibn Qayyim al-Jawziyya's of manuscript 97 - 112

5.1 Introduction 98

5.2 IQJ'sMethodology of Critical analysis 99

5.3 Sources of IQJ's works 102

5.4 Copies 106

Endnotes 112

VT Appendices

i. A glossary of Arabic terms used in the manuscript;

ii. A glossary of a selection of Scholars mentioned in the manuscript;

iii. Sumniarics of all fivc chaptcrs;

iv. A map of the Mamlük territory;

v. A list of Sultans who reigned at the time of IQJ;

vi. Copies of manuscripts;

Bibliography

ViT Method of Transliteration

The following system has been employed in transliterating the Arabic words and names used in the text.

c'jZ f

yb O" Sýq

Ü t Ox sh Jk

} Li th Lýlm J1

L):. dzm

ýh .btyn t kh 1. Z DA h

d t, .1 i w L dh gh L. y

i r

Long Vowels: ºä Short Vowels: _a Jni i u c5 _ý

for -The Arabic Muslim names have generally been transliterated except those untransliterated names which have already been used in English literature, such as Islam and Sunna.

ignored it is in beginning -The hamza was when maftnh or maksür the of words such as, Ahmad, Ansär and Amwäl; also Isläh and Ilbäs.

-The definite article "al" is generally written, even though when it is used prior to sun letters and after vowels, e.g. al-shams ( not ash-shams). However, (wa al-) is written as (wa'l-) and (Ii al-) is written as (li'l) and (fi al) is written as (fi'l).

VIII Abstract

The perspectives on the Islamic institution of Hisba are varied and sometimes controversial. The relationship between this mechanism, the Muslim faith and the practicalities of the everyday life is complex and more far-reaching than many scholars have acknowledged.

The current capitalist trend is perhaps largely responsible for contemporary social upheaval and a rising crime rate. Due to enormous leaps in the progress of science and technology, social disharmony can manifest itself in much more threatening ways than was possible in previous centuries. This study has perhaps evolved in response to a state of affairs that appears to have become divorced from both spirituality and the addressing of real issues The research sheds light on the stabilising characteristics of hisba and gains insight into the positive IQJ1 outcomes of its application. Via the studying of the famed scholar and jurist who lived and worked from 691 AH/1293 CE to 751 AH/1350CE. His work THZ specifically illuminates the doctrine of Islam and its inseparable link with hisba, outlining in precise and comprehensive detail the benefits to the Muslim nation of a correct implementation of justice and the indisputable efficiency of the philosophy of enjoining good and proscribing evil.

The study is divided into two parts, the second part involving research of an original manuscript dated 797 AH written by IQJ. Part one contains an introduction, 5 chapters and 4 appendices.

The first chapter offers a historical background to the potential, religious and The social climate at the time of the author. second examines the name and fame of the author, his specific family environment, his academic life, the tutors who

1 It means Ibn Qayyim a1-Jawziyya. 2 Its mean al-Turuq al-Hukmiyya the title of the manuscript.

DC influenced his study and the students who benefited from his knowledge.

Chapter Three attempts to define the Islamic term `Hisba', examining the various connotations and derivations of the expression. This chapter looks at the nature and aims of Hisba in Islamic law and a brief introduction to the role of the

Muhtasib. In Chapter four, the methodology of IQJ is discussed in some detail, his philosophy of Hisba and his concept of the prerequisites and role of the

Muhtasib are closely examined. Chapter Five focuses on IQJ's manuscript TH, discussing the researcher's reasons for its choice and elaborating on the style and content of the document. This is followed by a conclusion and four appendices: i. A glossary of Arabic terms used in the manuscript; ii. A glossary of a selection of Scholars mentioned in the manuscript; iii. A map of the Mamlak territory, iv. A list of Sultans who reigned at the time of IQJ.

Finally, the bibliography concludes the thesis. The second part of the study consists of the Arabic edition of the manuscript, which consists of 24 chapters.

X Introduction

The first thirteen years of the Prophet Mohammed's mission was particularised by the task of persuading the Makka to reject idolatry and to single out Alläh alone for worship. It was not until the establishment of a fledging state in Madina that the revelation contained laws, injunctions and prohibitions. Amongst those things with which the Prophet and the were ordered with was enjoining what is good

and prohibiting what is evil. ' From this point onwards the status of enjoying good

and forbidding evil and its place in Islam became manifest, until it became one of the

most important characteristics that is unique to the Muslim Nation. Hisba is

encompassed all woks of life, and its implementation brought about righteousness

and success for all humankind. Indeed, it became one of the compulsory acts of the

Muslim state and the Muslim countries that the Caliphs ruled over, and the princes

after them. They singled out the duty of enjoining the good and forbidding the evil as

a specialized field in the role of Hisba.

Humanity in contemporary times suffers from ever changing and ever failing methodologies that when implemented have harmed as often as helped due to the complexities of the human psyche that is torn between hope and fear, and between furthering personal gains at the cost of the greater good of the community. The laws of Islam aim to protect society and keep it in order so that good can triumph and evil can be eradicated. It is for this every reason that we notice the scholars and the Imäms of the Muslims giving such great importance to this subject, not only in speech but also in action. Of those who were prominent in this regard was Imäm IQJ who passed away in 751AH. He has a great deal of research in almost every field of knowledge, not to mention this particular field that he is renowned for.

1 Qru'An 3: 110

Xi TH is a testament to the sharpness of the author's understanding of the Maqasid of Islamic law and that is made more clear in his detailed exposition of the principles in and rules of Hisba and his profound knowledge the areas of agreement and disagreement of the scholars of Islam.

Aims and Objectives

This thesis attempts to expand on the previous research conducted by the writer,

whose specialist topics at B. A. and M. A. levels were usul al-din, da'wa and Ihtisiib. The writer hypothesises that there are some limitations within previous studies of the

nature of Hisba and he has deemed it apt to concentrate his work on further clarification of this complex Islamic institution. There are apparent loopholes in the understanding of Hisba as a technical term and a resultant lack of acknowledgement of its role as a comprehensive system which encompasses all aspects of human life.

The writer aims to examine various texts pertaining to the subject of Hisba and

highlight the diverse and sometimes questionable notions as to its definition. Some

scholars limited their study of Hisba to the realm of the market place, inferring that The this institution was relevant only to social - economic factors. ordering of good and the forbidding of evil was thus viewed in terms of physical malpractice within the

bounds of buying and selling. Other scholars limited their study to the surveillance of

dishonest and immoral practices that came under the jurisdiction of the M14 tasib,

illustrating his position of "orderer" and "prohibiter" within the institution of Hisba.

In the light of these restricted and compartmentalised viewpoints, the researcher wishes to elaborate upon the multi-faceted essence of Hisba, emphasising its all embracing nature in Islamic law. This study entailed wide reading on the topic of Hisba and the collecting of as much relevant material as possible, in the form of published texts and documents in manuscript format. The reading of al-Turug

XII Ilukmiyya by IQJ was a revelation and inspiration, this work being a unique journey into the intricacies of Hisba. Enthusiasm to edit this text was increased upon discovery that more than nine of the editions had undergone no academic editing.

Shaikh Ibn Duhayyish, a judge in Makka in 1354A. H, informed the researcher of the existence of a copy in manuscript form, which he subsequently obtained, being further fired to edit such an immensely important scholarly document. Ibn Duhayyish had himself compared a printed copy with this specific manuscript and discovered that the former contained a number of ommissions (several pages in one place) and various examples of errors & distortions. He suggessted that TH might be reprinted,

( based upon this manuscript and other similar copies) accurately edited and the readers' attention drawn to this.

Research Methods and Related Problems

The bulk of the research was reliant upon the copy of the manuscript found in the `Arif Hikmat library in Madina. This dated back to the year 797 AH, i. e. 46 years after

the author. The manuscript had inevitably suffered much wear and tear over the centuries and the consequent smudging hampered ready assimilation of the text. The lack of dots on certain letters furthered impeded reading and the writer expended a vast amount of time and effort in deciphering the text. This copy, considered as the original, was then compared with four other copies and any differences delineated in the footnotes.

Correlating the various texts demanded travel to several different countries and the eventual acquisition of nine manuscripts. The difference in the content between the copies necessitated close examination and comparison, which led to classification according to the place where the copy was found, the time of writing and the various similarities contained.

XIII This resolved the problem of any duplicated information, thus avoiding the overfilling of footnotes with explanatory remarks. Ultimately all variant readings of the text were compiled and referenced in the footnotes. In order to facilitate reference to the original `Arif Hikmat library manuscript, the beginning of the pages of the original were indicated with waahid alif and waahid baa and two small lines were used to indicate sentences which have been inserted. More complicated words and expressions were vocalised and some spellings altered in order to make them conform with modern orthography. An attempt was made to clarify any difficult vocabulary. IQJ presents the subject of Hisba in his book TH by dividing it into a number of parts, each containing a topic the details of which are then dealt with and discussed. However, IQJ did not give titles to these sections, so much thought was given to the compilation of titles to each section in order to make it easier for the reader to make links between the various topics2.

All the Quranic verses have been quoted as they are written in the Holy Book and referenced, as were the various a which were extracted directly from the sources indicated by the author. A short biography is provided of all the persons of note mentioned in the original manuscript and also the details of place names mentioned in the original manuscript. Finally the issue of the manuscript's name. The manuscript has become known under the name of AI--Turuq al Hukmiyya M -sly Asa al-shar'iyya (The paths of governance, [a treatise] on the policies of the Divine Law). Scholars who were the contemporaries of IQJ have mentioned the work under this title e.g.: - Ibn Miflih, Ibn Rajb, Ibn al-'Imäd, Haft Khalifa, and JIamid al-Fag, Al- Baghda dj, however, refers to this book as Tadbir al-ri'asa fi'1-gawa'7d al-Hukmiyya bi'1-Dhaka' wa'1-Qariha. The book both in modern and classical times was known as

Al-Turuq al Hikmjyya. Muhammad Hamid al-Faghi entitled the book thus when he edited and published it in the year 1953, a title which has continued in subsequent reprints and rereleases. In addition, Shaikh al-Faqhi added yet another name a Seechapter 5, subheading:the contents of the edited portion of the manuscript. AI-Fii sa al-Marhiyya i 'Ah kdm al-Siyäsa al-Shan iyya. Despite the three different titles IQJ's is generally acknowledged as TH, largely due to it being so entitled at the same time of the author.

Summary of the research

The research has encompassed the following aspects:

The era in which IQJ lived with regard to the political, academic, religious, social and economic climate.

A biography of the author comprising his name, his birth, his upbringing, his scholarly life, his teachers, his students, the tributes to him, the reasons for his fame, his academic methodology, his morals and to conclude, a list of his works.

The definition of hisba, its aims, its nature, the working methods of the Muhtasib and the position of enjoining what is right and forbidding what is wrong in Islam; also the difference between religion and hisba, and the ruling pertinent to both of them.

IQJ's methodology of regarding hisba and the prerequisites and working methods of the Muhtasib; detailing the punishments which can be implemented under his jurisdiction.

xv Chapter One

Political, Religious and Social Climate Prevalent at the time of lt&tmEee Ibn Qayyim al awziyy a

1.1 Introduction

1.2 Political Environment

1.3 Religious Environment

1.4 Social Environment

Endnotes Chapter 1. Political, Religiousand SocialClimate Prevalent at the time of Ibn QayyimalJawziyya

z.z Introduction

In the first half of the second Islamic century, the lands of and ' were under the rule of the Abbasid , basedin Baghdad2;the Caliph had ultimate responsibility for the well-being of his citizens. Hence, due to the highly influential nature of his position, any

shortcomings on his part were unlikely to escapepublic attention.

The met its downfall around 49oAH/io97AD3. A successionof corrupt rulers failed to maintain their credibility. A Caliph who refusedto fraternise with his people, preferring to immerse himself in worldly pleasures,only servedto intensify any dissatisfaction and social dysfunction. It was perhaps inevitable that such weaknessof rule should result in a struggle for change.

The governors of Syria and Egypt took up independent rulership, with Saläh al-Din eventu- ally establishinga state in the lands of Egypt.4 Known as the Ayyubid State, this newly found- ed area was to become renowned for its strength and, ultimately, for its resistanceto the Crusaderswho threatened its cultural equanimity. Saläli al-Din strove to set up a strong army to protect the lands of the Muslims from the potential dangersthat threatened it. He estab- lished an army of Mamlüks who were instructed in the art of fighting and weaponry from a Upon death Saläh differences young ages the of al-Din, and divisions emerged within the Ayyubid State. Conflict between leaders over the rulership of their districts resulted in a vul-

2 nerability that led to their inability to resist both the Crusader campaigns and the malevolent historian, flow of Mongol attacks. The Muslim Ibn al-Athir remarked about this plight, "So the lands of Egypt, Syria, and other that them, were on the verge of being taken [from the

Muslims], had it not been for the grace of Allah, Exalted is He, and His help to them. "6

As the Mongols were on the verge of conquering the land of Egypt, it was the power and strength of the Mamlüks which enabled resistance;halting their advance in Egypt and there- after containing them and finally eliminating their threat altogether. Consequently, the rule went to the Mamlüks who establisheda state that ruled Egypt, Syria and the Hij5z7 for almost three centuries.

It was in the shade of the MamlUk State that our author Ibn Qayyim alJawziyya lived. He witnessedthe turmoil and the ensuing social upheaval,which had a pronounced effect on the people and their immediate environment. It is my intention to examine in more detail, these circumstanceswhich affected the life of the author.

1.2 The Political Environment because The political- situation is regardedas one of the most important facetsof rulership, of its influence upon the various aspectsof life. Political stability generally enablessocial, eco- nomic and cultural advancement. Conversely, conflict amongst those in power shakesthe equilibrium of the structure allowing the appearanceof social fissures.History, both ancient and modern, bearswitness to the fact that when there is political instability, this is followed damaging by social, economical and cultural instability too. This'has a negativeeffect, the soci- ety and harming the people. The negative effects of the corrupt caliphate were gradually replacedby a more positive political awareness.

The most outstanding political events which had the greatest influence upon the society in

that period were probably:- " The battle with the Crusaders.

3 o The Mongol attacks. o The various struggle for power. o The political role of the scholars.

1.3 Battles with the Crusaders: Coast Mediteranian Sea had battles between For two centuries the Eastern of the witnessed the European countries and the Islamic countries. The Crusades began after a sermon was in Clairmont in France. 8 given by Pope Urban II, the city of Ostensibly, it was in response to Emperor help a request by the Byzantine to re-open the pilgrimage route to Jerusalem, which had been blocked by the Seljuk Turks. In fact, as Muhammad Kurd `Ali and `Abd al-`Adhim

`Abd al-Saläm opined, the reasons were not only religious, but equally they were politically and economically motivated. Both the nobility and common people responded to the Pope's call. Crusader These campaigns began at the end of the fifth Century, in 491AH/io98AD.

The result of the first of thesecampaigns was the occupation of Edessa,, Tripoli, then Jerusalem - the place towards which the Crusadersprayed and the location of the Curch of the Holy Sepulchure.b0 "The Crusaderswent on to kill the Muslims in Jerusalem,occupying the city for approximately one week. In this period they savagelymurdered more than seventy thousand Muslims, amongst them common people, Imcros, scholars,worshippers and ascetic, both in and around al-Agsä Mosque itselfl. They also pillaged an unquantifiable amount of booty. "11The successof this and the ensuing campaigns,was doubtlessdue to the periods of weaknessthat afflicted the body of the Muslim's State, resulting from conflict and division. `Abd al-`Azim `Abd al-Salämnquotes the English orientalist, Gibb, saying, "As for the first Crusader campaign, it is indebted to a large extent to the weaknessof resistancethat it faced. This is a reality that all contemporary historians accept."12

The Muslims were not united and as such could not presenta consolidated front against inva- sion. Divided attitudes expedited sedition. The historian Lynn Bolo points out, "Had time gone back slightly for the first Crusader campaignu, the Saljüks power would have resisted

4 them, and had it gone forward slightly it would have been probable that Zanky or Nür al-Din would have thrown them into the very seathat they had came from. " The two erasthat Bolo refers to were redolent of a commitment to the Islamic faith and adherence to Divine Guidance, which produced a period of cultural stability. But, as Lynn Bolo asserts,"But it was one of the happiest occasionsfor the Europeansto have decided to move upon the Holy lands at this time in which the system in the Islamic state had become disturbed."13 However, this `Imäd state of affairs did not endure, for in the year 529AH/II35AD. al-Din Zanky managed located to open Edessa,which is in the North Eastern part of the Mediterranean coast.'4 Soon fought after came Saläh al-Din who united the ranks the Muslims. He the Crusaders in the battle liberated from year 583AH/ii86AD in the of Hittin15 and Jerusalem the clutches of the Crusaders-16However, after the death of Saläh al-Din17, the Muslims became divided and once again fell prey to selfish, personal power struggle.

Al-Kämil, the son of Sal-ahal-Din's brother, presentedJerusalem to the Crusadersin the year 625AH/i228AD. '8 Shihab al-Din al-Magdisi stated, "The news came that sultan al-Kämil expelled the Muslims from Jerusalemand gaveit to the Franks, the non-. He also made an agreementwith them that they hand over some villages to them. So they helped him and joined him with their king Ambrür. This was a huge blows suffered by the Muslims, and it was a reasonfor the hearts of the people of Damascus19to have been turned against al-Kämil and those with him. "20

It was not until the Mamluk army had fought the Mongols and entered Syria, led by , the Mamluk Sultan, that the district of Qaysärya, Jaffa, Arsuf, Safad, the city of Ramla21,Shemal, Taräblus and Antioch was reclaimed from the Crusaders.This took place Sultan Qaylawun followed him between 663AH/iz65AD - 669AH/i27iAD. and opened the between castle of al-Marqab, al-Ladhiqiye, Taräblus 684AH - 688AH/i285AD - 1289AD.22 After him camehis son Al-Ashraf and he opened Sayda,Beirut, Sur, and `Akka.2 3 The Sultans of the Mamluk managedto expel those remaining Crusaders from the rest of the districts of the lands of Syria in the year 69o AH/iz9iAD. 24 In 702AH/i382AD the Mamluk pushed the Crusadersout of the island of Awräd. 25The Crusaders,under the leadership of the King of

5 Muslims Dimyat, Egypt, but France, attacked the via the attempt resulted in failure. A second by Tunis attempt was made way of to progressonto Egypt and Syria, but the King fell ill and died in Tunis. His untimely demise heralded the cessationof the campaigns.26 Having begun in the year 49oAH/io97AD and continued until the year 69oAH/i29IAD, these Crusader huge campaignsinevitably had a effect on the Muslims, especiallyfor those inhabiting the sites of conflict and their direct neighbours.

The aforementioned social and political issueswere all relevant to Imam Ibn Qayyim al- Jawziyya who was brought up in an era in which scholars held a distinguished role and an esteemedstatus. The political duty of such contemporary scholarswill be discussedfurther.

1.4 The Mongol Attacks In the middle of the seventh Century the Abbasid caliphate was struck from the direction of the East by vicious Mongol attacks that conquered the Eastern part of the Muslim lands of Syria.. The Mongols, led by Hulagu, 27 turned to the capital of the Abbasid Caliphate, Baghdad, which was conquered in the year 656AH/i258AD. 28Again the enemy was victorious against a spiritually divided people whose lack of social cohesionleft them vulnerable.

Hypocrites proliferated;29 some historical works state that Hulagu entered Baghdad killing and ordering the beheadingof Islamic scholars.He killed approximately-twenty four thousand people ofscholarship.3° The killing, stealing and the taking of women and children contin- ued for at least thirty days. No one escapedsave those who hid. Hulagu then ordered for the dead to be counted and the tally reached over a million and eight hundred thousand.31 There was a simultaneoustrail of devastation-as the invadersdestroyed mosques, schools and homes, burning books and throwing them into the river. Ibn al-Athir revealed the enormity of the chaos,."This catastrophic event and this great calamity; never has such a horror been wit- nessed!"32

in Thus the Abbasid caliphate Baghdad was vanquished as a result of heedlessness,distance

6 lands from Allah, and traitors and hypocrites gaining rule over the and the lives of the slaves of Allah. Baghdad had been the home of the caliphate and the scholarly capital of the Muslims, it had. now become a state with no affiliation to. faith. 33Al-Tüsi had allowed philosophers, for- tune tellers,. naturalists and magicians to reside there, and he handed the stipends for schools, mosques and religious lodges (al-rubüt, sing. al-ribät)34 over to them. 35

Ibn Qayyim al-Jawziyya perceived the main reason for the vanquishing of the Abbaasid Caliphate in Baghdad as the betrayal of the hypocrite Räfidites whose words had an adverse influence on the Caliphate; he writes, "Would the swords of the polytheists from the army of Hulagu, and the likes of Tatters, ever have appearedhad it not been for their presence?Indeed, becauseof their crimes mosqueswere closed,Holy Books were burnt and Muslims were killed; their scholars,worshippers, and their Caliph! Futhermore, their alliance with the polytheists and with the Christians are well-known to the elite and the common folk alike."36

In Qayyim al-Jawziyyawas precededby his Shaykh Ibn Taymiyya, affirming that those refus- be him) ing the Book of Allah and the Sunna of His Messenger(may blessingsand peace upon were the people of religious innovation and heresies(ahl al-bida) and, "that they are at war with all Muslims. They have used the contradictory creedsof the Christians, polytheists Turks and the Tarter to assistthem. They have also made it permissible to shed the blood of the Muslims, as well as to take their wealth and their families."37 Hulagu made a further attempt in the year 658AH/i26oAD towards Allepo, north of the lands of Syria and conqueredit in the month of Safarof the sameyear. 38 He proceededtowards ,surrounding and cutting it off for two consecutivemonths.

The inhabitants experiencedenormous hardships, and were forced to surrender in the Spring of the year 658AH/i26oAD. Hence, most of the lands of Syria and its capital had fallen under Mongol rule. Here was a chance for Hulagu. He prepared his armies to conquer the lands of Egypt, sending envoys to with messagesfull of threats. It was at this time that news of his brother Khan the great Tarter's death reachedhis ears. He left Syria for Tarter, to attend the election of the next great Khan, a position he desired greatly. However, he was to be dis;.

7 in The Emir appointed, as Katabgha had succeededover the Mongoloid armies Syria.39 of the Mamlük, Sayfal-Din Quttuz, rose to fight the Mongol. He killed the messengersof Hoalaako and crucified them publically. He sent an envoy under the emirate of Berbersu Berbersin the direction of Gaza, he himself being involved in this expedition, moving towards `Akka. He met the armiesof the Mongol at `Ayn Jälüt and an extremely bloody and heated battle ensued. The Mongol leader, Katabgha was killed and the Mongols suffered a defeat so absolute that it was unprecedented in their history. The Muslims were delighted with the victory of the

Mamlük armies which then entered Damascuson the 27th of Ramadan in the year 658AH - iz6o AD. Whoever was left of the Mongol, fled from Syria fearing for his safety.4° Historians noted that the battle of `Ayn Jalut savedthe Christian world from the Tartars at a time when it was not easyfor any country in Europe to persevereagainst them or resist them. 41This bat- tle was sufficient to vanquish the Mongols, yet the struggle of power between the Mamlük fur- ther causeda stateof weakness42 This encouragedthe Tartars to renew their attacks upon the lands of Syria under the leadership of Ghaazaan.However, some of the Muslim scholars, like the Shaykhof Islam IbnTaymiyya, arousedthe spiritual sentimentsof the common people and the soldiers, creating a positive and cohesiveattitude that aided their resistanceof the Tartars and the final vanquishing of their enemy in the famous battle of Shuqhab.43

Ibn Qayyim al-Jawziyya,at the ageof eleven,witnessed this battle and lived through the con- cluding phasesof the destruction of the Muslim lands by the Mongols. The Mamlüks had finally put an end to it and they continued to rule until the death of our author, Ibn Qayyim al-Jawziyya.

1.5 Mamlük Rule and the Struggle for Power The Mamlük, the Sultansof Egypt, were able to establishtheir presenceupon Syria following

the defeat of the Mongol in the battle of `Ayn Jalat. However the armies had not rested they in returned with their leader Quttuz, remaining a threat until, the year 658AH/t26oAD, Berberskilled him. He then ruled until the year 676AH/i277AD during which time foreign had Berbers, brave leader, died being and interior political issues stabilised. a and strong then

S for less by Mansur succeeded by two of his sons who ruled than three years44and subsequently Muhammad Qaylawün, who held power for almost eleven years 678-689AH/iz79-I290AD. for Sultan Mansur produced a Sultanic family who continued to rule over Egypt more than a hundred years.45 His posterity inherited power and remained in sovereignty for all of Ibn

Qayyim al-Jawziyya's life.

During that period, the lands were governed by twelve rulers. Of them, some were exiled, killed had died. After death some removed, there were those who were and others who the of Al-Mansur Muhammad Qaylawün the ensuing period was synonymous with political distur- for bance. There was a struggle power between the sons of Sultan Qaylawün and some Amirs; in lands Syria Mamlük whilst the deputies of the sultanate the of opposed the rule whenever Sultan opportunity allowed them. 46 The political climate remained unstable until al-Näsir Muhammad, son of Sultan Qaylawün succeeded as ruler of Egypt. 47 He continued in power

until 741AH/134o AD; 48 an important era in the life of In Qayyim al-Jawziyya.

After the death of al-Näsir Muhammad, the remaining sons of the Sultan wrangled continu- Ibn Qayyim ally, unable to reconcile their differences. 49 During the last ten years of al- Muhammad, Jawziyya's life, the rule was succeeded by seven of the sons of Sultan al-Näsir

each striving for personal ambition, vying with each other for power, to the point of attempt-

ed fratricide! They became puppets in the hands of their deputies, whose self-motivated

manipulation further disturbed the equilibrium of the Muslim lands. 5° Thus the sons of al-

Näsir Muhammad became Sultans, who lacked continuity and wielded power suiperficially. 51

Said Äshür said, "And this is the well-known picture that history accords to the era of the sons lands have become looted by of al-Näsir Muhammad. It becomes apparent that the a group of for Mamlük Amirs playing with the Sultans and maintaining a negative status quo. As the " common people, they could only observe as spectators. 51-

Oppression was widespreadbetween the Amlrs and the landowners. Selfishnesshad becomea distinctive trait amongst the wealthy in that period, thus exacerbatingcorrupion. Deception becamea social norm; deceit in trading transactions, deceit in contracts, usury etc, all result-

9 deceit became a social norm; deceit in trading transactions, in contracts, usury etc, all result- ing in a total lack of respect for the property and lives of others. Thus materialistic attitudes and egocentric values germinated and grew. Ibn Qayyim al-Jawziyya addressed these issues in his works, bemoaning the widespread diseases in the body of the nation and illustrating the consequences of such a corrupt social structure.

Ibn Qayyim al-Jawziyyaisbook, Al-Turuq al-Hukmiyya fi'l-Siyasa al-Shar`iyya (in particular, the section related to public duties in Islam, or hisba), debatesthe maledy within the society He folly of which he was a member. emphasisedthe of transgressingagainst the SacredLaw by for of Islam (shariä) as perpetrated the common people, and calls a return to the ethics of hisba.In order to clarify the aims of Ibn Qayyim al-Jawziyya,one cannot divorce his philoso- phy from the political climate that was prevalent at his time. It is therefore imperative to dis- cusshis scholarly role within a wider context.

1.6 The Political Role of the Scholars lived The preceding historical comments have highlighted the plight of the Muslims as they through the horrors perpetrated in Jerusalem and Baghdad. Amongst the slaughteredwas a large number of scholars,whose knowledge was lost forever as they lay amongst almost one hundred thousand victims! Those in control had failed to embrace their faith and had thus becomemisguided and vulnerable; victory was delayeddue to their disregard of the teachings of Islam.53

fall Scholars had an influential role in political activity after the of the Abbaasid Caliphate, being propitiates of Islamic legal duty and having insight into the real consequences of the

Crusader campaigns and Mongoloid attacks. 54 An example of this is in the personage of the

Imam, the Sultan of the Scholars, `Izz al-Din ibn `Abd al-Salam. 55 He openly contested

Quttuz's stance regarding the collecting of taxes from the common people in order to fund the fight against the Mongol, this later entailed the removal of ornaments from his house & the houses of his Amirs. 56 Quttuz subsequently abided by the Imam's judgement. 57In response to

10 the efficacy of `Izz al-Din ibn `Abd al-Saläm, the Berbers strove to take the pledge of Sultan for himself after the killing of Quttuz, coercing the support of the Emirs, the judges and other members of the upper class. He would have succeeded had not `Izz al-Din ibn `Abd al-Saläm refused to comply maintaining that Berbers status, as a slave had not yet been reversed, "0

Rukn al-Din! I know you as the slave of al-Banduqqdar. " Berbers summoned witnesses who testified that he had passed from the ownership of al-Banduqqdar and was now a free man.

Thus the pledge was completed. 58 It was declared that some Amirs still remained in slavery, disregarded, bought, their voices generally being so in order to resolve this, they were freed and The deputy `Izz their valuables placed in the treasury. Sultan, Shaykh al-Din stood and sold It has been them one by one in a public auction. 59 reported that Berbers admitted, on the `Abd death of Shaykh `Izz al-Din ibn al-Saläm in 66oAH/iz6zCE., "My rule has been uncon- firmed until now. "6o

The death of `Izz al-Din ibn `Abd al-Saläm did not however result in the demise of scholastic influence. A scholar in the lands of Syria named Muni al-Nawawi61attempted to sway the atti- tudes of Sultan al- Zahir Berbers.An Islamic legal verdict (fatwa) had been issuedwhich fur- "They have thered his own intrests and al-Nawawi rose-up and opposed this injustice, saying, given you a falseverdict. "62 He disputed the ethics of taking from the common man in order first to finance war and decried the motives behind such a verdict. He suggestedthat Berbers usehis personalwealth from the palaceand, "when your coffersare empty, then I will give you a verdict for taking money from the flock. " Enraged, Berbersbanished him from Damascus, depart- saying,"Leave my country". Al-Nawawi replied, "I hear and I obey," and subsequently from ed for Nawä. The scholars told Berbers that he is one of our greatestscholars and the righteous, he is a goodly example to all; bring him back to Damascus.Berbers complied and ordered his return, however, the Shaykh refused, saying, "I will not return whilst Berbers is there." A month later Berbersdied. 63 Thus, scholarsof high calibre enjoyed respectand status from both the rulers and the masses;their ideologies having positive effects upon the politics of the ruling classof that period.

Imam Al-Nawawi died in the sameyear as Berbersyet still, the political journey of the schol-

II ars was unimpeded. If anything, their role intensified to meet the renewal of the Mongol attacksagainst the lands of Syria at the time of Sultan al-Näsir Muhammad. It was at this junc- ture that the Shaykh of Islam Ibn Taymiyya's fame spread.

His academic ability was to have a profound effect upon the personality of his student Ibn Qayyim al-Jawziyya.In the year 699AH/i3ooAD, Ibn Taymiyya stood up to Qazan, the leader and king of the Tartars. His unrelenting opposition to the king's tyranny eventually resulted in the releaseof Muslim prisoners of war. Ibn Taymiyya also askedhim to consider the release of the Jewsand Christians, becausethe word of Islam also speakson behalf of the People of have have the Book (ahl al-kitab), "They what we and sharethe same demands."64

In the year 70ZAH/i3oZAD Qazan returned to fight the Muslims in which Ibn Taymiyya played an inspirational role; this scholar having inspired the common people and stirred the Sultan to emergeand face the Tartars. In the battle of Shuqhub,65 Ibn Taymiyya issued a rul- ing about the permissibility to fight the Tartars, becausecountering them was similar to coun- tering the Kharijites. His words instilled the people with the courage needed to oppose the 66 Tartars and through which their resolvewere greatly strengthened. Ibn Taymiyya expound- ed on the virtue of courage, rebuking those who flinch from it. Allah, majestic is He, explained: 0 believers!What is the mater with you when you are told to marchforth in God's cause?Are you weigheddown to the ground?Are you moresatisfied with the worldly life than with the life to come?67 Allah, Exalted is He, also taught: Fight in God'scause against thosewho fight you; but do not provokehostility, God doesnot lovethe aggressors.68Ibn Taymiyya even condoned the breaking of fast at Ramadan for the duration of the battle. He himself are in front of the soldiers and Amir to indicate the necessityof sustenanceif physical strength was to be main- tained.69 Thus the distinguished political role of Ibn Taymiyya became firmly establishedat the time of Sultan Al-Nasir Muhammad ibn Qaylawün. Subsequentlythere was little evidence of political conflict and the pursual of scholarly activities gradually began to receivecredit. In Qayyim al-Jawziyyawas brought up in this stable environment wherein Islamic disciplines flourished in each of the lands of Syria and Egypt. Damascusalso became a centre for learn- ing offering a wealth of knowledge to those students who wished to pursue various branches

12 pices. Establishments to further religious study were on the increase, as was the wealth of books and literature that were published at that time. That period may well have been one of the richest periods of writing, filling the scholastic vacuum that the Tartars had left in Baghdad.

11.7Scholarly Environment at the time of the Author Ibn Qayyim al-Jawziyyawas born in the shade of the Mamlük rule, which governed Egypt, Syria and the Ilijäz. The Mamlük Statewas responsiblefor the subduing of the Mongol move- ment and the cleansingof the Crusader emirates which had suffocated the lands of Syria70 Egypt, Syria and the I lijäz had all come under Mamlük rule by the beginning of the eighth Islamic century; thesebeing the pinnacle of centresamongst those seekingan intellectual life. Its abundanceof well-built schoolsand mosquesgreatly improved the quality of religious stud- ies in the various branchesof Islamic Law, such as Qur'anic exegesis(tafsir), hadith, jurispru- dence (flqh), language,the knowledge of inheritance (farä'id), as well as the other branchesof knowledge that were amongst the salient characteristicsof that age.71 The Muslim author, Mahmüd Shäkir, accreditsthis scholarly revival to the political and spiritual difficulties under- gone by those Muslims whose faith had been physically attacked.72 The violent occurrencesin Baghdad and Jerusalemhad united Muslims, revealing the necessityto heed the scholarsand stand together in the face of adversity against the transgressorshad increasedthe confidence of the common people both in their scholars and in their striving for the acquisition of knowl- edge. Those holding positions of respect understood the importance of knowledge and were insightful enough to facilitate its spread. Thus ensuedthe establishment of scholarly institu- tions that attracted both scholarsand students of knowledge, the former being responsiblefor financing. Damascus, home their upkeep and 73 Syria - in particular which was the of Ibn focal knowledge, Qayyim al-Jawziyya - was the point of with scholars abounding there. Amongst the most distinguished scholarly institutions in Egypt and Syria were its schools, hospices(khanqas) and lodges.74 fr] ScholarlyInstitutions in Egypt:

i3 i. Mosques; amongst the most famous in this period were: the mosque of `Amr,75 the mosque of Ibn Tulun, 76 the mosque of al-Azhar,77 and the mosque of al-Hakim. 78

ii. Schools; amongst the most famous in this period were: the Sälahiyya school 8O 8' (madrasah),79 the Kamiliyya school, the Tähiriyya school, the Mansüriyya school82and the Näsiriyya school.83

84 iii. Hospices; amongst these were: the Said al-Su`adäkhanga, 85 the Rukn al-Din 86 87 Berbersal Jäshinkar khanqa, and the Shikhu khanaqa.

88 iv. Lodges; amongst them: the Baghdadiyyaribät89 and the al-Athär ribät. 9°

[21 Scholarlyinstitutions in Syria:

i. Mosques; amongst the most famous in this period were the Amawiyya mosque in Damascusand the Amawiyya mosque in Allepo.

ii. Schools; amongst the most famous of them were: the Dhähiriyya school,9' the `Ädiliyya al-Kubrä school,92 the Atbakiyya school,93 the Sadriyya school,94 the Jawziyya school,95 the Diyä'iyya school.96

Also distinguished at that time were a number of academicspecialists whose teachings bene- fited a widely dispersedpopulation of students enormously; their effects are still in evidence today. The historian Mahmüd Shäkir suggestedthat this may have been the most prolific of literary eras.97 Some of thesescholars, hadith masters(buff a';: ) and mujtahids were: i- `Izz al-Din `Abd al-Salätn, the Shdfi`i jurist and mujtahid and the shaykh of the Shy i school of thought (madhhab)in his time. He was born in the year 577AH and died 66oAH. 9s `Abd z- Al-Dimya-ti, Sharaf al-Din al-Mu'min, the Sh-afi`i.The hadith master and linguist.

i4 Born in the year 6r3AH and died in Cairo, in the year 705AH.99 3- , Ahamd ibn Muhammad al-'Irbali, the Shäfi`i. The supreme judge, jurist and historian. Born in the year 6o8AH, and died in Damascus, 681AH. 100

4- Ibn Dagiq al-'Id. A hadith master, jurist and supreme judge. He was an academic leader and was the most dedicated student of `Izz al-Din `Abd al-Salam. He was born in the year 625AH and passedaway in the year 7o2AH. 101 5- , Muhammad ibn Makram. A linguist and grammarian; he also held the post of judge. He was born in the year 63oAH and died in the year 7uAH. 102 6- Muh-1al-Din al-Nawawi, Shaykh of the Shäfi`i school and one of the greatestjurists of his died age. Born in the year 631AH and in the year 676AH. 103 7- Ibn Jama`a, Muhammad ibn Ibrahim al-Hamawi, the Shafi`i; the Shaykh of Islam, the jurist and supreme judge. He was born in in the year 639AH and died in the year

733AH"1O4

8- Al-Mizzi, Jamal al-Din Qada`i; the hadith master. Born in Allepo in the year 639AH and died in Damascusin the year 742AH. 1°5 9- Ibn Taymiyya, Ahmad ibn `Abd al-Halim. The Shaykh of Islam, jurist, hadith master, muj- tahid and mujdhid (one who wagesjihad in the Path of Allah). Born in Harran in the year 66LAH and died in Damascus,in the year 728AH. 1o6 hadith jurist, his- io - Abu Shama, Shihab al-Din `Abd al-Rahman ibn `Isma`il. The master, torian and mujtahid. He was born in the year 599AH and passedaway in 665AH. 107 `Uthman. The hadith historian, ii - Al-Dhahabi, Muhammad ibn Ahmad ibn master, critic died and Shaykh of the hadith scholars. Born in Damascus in the year 673AH and in

Damascus in the year 748AH. 1o8 Muhammad ibn Abu Bakr. Born in Damascusin 69rAH 12 - Ibn Qayyim al-Jawziyya, the year and died in Damascusin the year 75iAH. 109

The aforementioned wrote copiously on their specific subject areas.It can be noted that the topic of Islamic legal studies supercededother studies, the Faith being close to the hearts of all. Likewise the attention paid to the Arabic languagewas of paramount importance, it being the key to the understanding of Islamic legal studies. Further evidence of a scholarly revival

IS the key to the understanding of Islamic legal studies. Further evidence of a scholarly revival lies in the acceleration of book sales at that time. There was an active market for literary mer- chandise and an ensuing production of wealth. I"0 For example, Muhammad ibn Shäkiri ibn

Ahmad, Saläh al-Din al-Däräni, the author of the book, Fawat al-Wafzyydt, had been impe- cunious until he commenced trading in literary works. It was in such an envoironment that

Ibn Qayyim al-Jawziyya's zest for knowledge gained momentum. His motivation was nur- tured by his family, his school and the major intellectuals and jurists of his time. He was to become a bright star in the heavens of academia, guiding others along the path to knowledge and righteousness.

z. 8 The Religious Environment

Differences in creed and methodology are inevitable in any culture and these were most evi- dent in the societies of Syria and Egypt. Damascus and Cairo; (especially Damascus, the dwelling place of Ibn Qayyim al-Jawziyya; ) witnessed sect differences, belief conflicts and ide- dispute between ological disputes. That period was renowned for a growth in the areas of the in followers of the schools of jurisprudence. People had become extremly bigotted the allegien- cc shown to their own school and tended to ignore other schools at the expenseof truth and fes- evidence.The increaseof this conflict was condoned by some rulers who encouragedand tered such bigottry to others. The Ayyubids had taken careto spreadthe Shäfi'i school because they themselveswere Shafi'i; they establishedspecial schools making each school a religious endowment, or wagfi" They also maintained the spread the Ash`ari creed and made it the official creed for the state, decrying any other path of thought. The Ash`aris had gained strength in the lands of Egypt and Syria. Indeed, whoever dared to oppose them was accused of having the wrong creed and considered to be an enemy of the leadersof the Faith and the scholarswho supported the view of theological rhetoric (kaüzm).112

More and more people fell under this influence and came to accept the Ash`ari foundation i. e. raising the status of the intellect and advocating reliance upon the scienceof kaldm and phi- losophy. Of these sects were the Jahmiyya, Mu`tazila, and the various sub-sects of the

i6 Batiniyya school; such as the Ismazliyya, Nusayriyya, Durtiz and tithe Räfidites.M Even the Sufi movement developed within these ideologies. Such movements, schools and sectshad a significant impact upon Muslims, diverting them from orthodoxy. Only the school retained its strength and credibility, adhering closely to the Islamic Law. I4 At that time, Hanbali scholars,amongst whom was ibn Taymiyya, disputed the Ash`ari creed. He opened people's eyesto the revealedtexts of their Faith and to the necessityof returning to the foun- tain of the Messageand to the very niche of prophethood; which is none other than the book of Allah and the Sunna of His Messenger.

The Shaykh expounded the `traps' into which people of all ranks had fallen. He highlighted

the contradictions implicit within the various schools, emphasising the necessity of a strict adherence to the traditional acts of worship. He openly denounced mystical practices, reveal-

ing the dangers and folly of magic and the acknowledgment of myths. He sought to prevent

the sacrificial slaughter and the swearing of oaths to other than Allah. He opposed the con-

sumption of alcohol and other intoxicating beverages, such as nabidh, and would spill any wine he saw onto the ground. 115The principles of his school were established upon the texts intel- of the Book and the Sunna in the study of the creed, whilst the Ash`aris gave priority to is He, 0 People lectual evidence in such study. n6 He heeded the words of Allah, Exalted of the

Book! Do not overstepthe bounds of truth in your religion; and do not follow the whims of the peo- ple who went astray in times gone by, who misled many and strayedfrom the even way. [al-Qur'an has down do follow 5:77]. Also: So judge between them according to what God sent and not their

whims. [al-Qur'an 5491.

He authored numerous books and treatises;n7 his most reknowned student, In Qayyim al- Jawziyya,perpetuated his Shaykh'slegacies after the latter's demise.He took on the school dis-

putes, encouragingevery citizen to return to the book and the Sunna of the Messengerin order that they may comprehend the rulings of their faith. He warned them about the dangersof personal desiresand the blind pursual of them. He showed the scholars the benefits of rea- soned opinion in the matters of the Faith and ijtihdd, and he invited those who were suitably both equipped scholasticallyand spiritually - to enter its gates,along with In Taymiyya. " He warned against enmity and extremism, assertingthat the people had a duty concerning the

17 Jawziyya's dedication to the truth of the Islamic principle is perhaps concrete proof of his desire of seekingAlläh's Divine pleasure.

z.9 The Social Environment There were three distinct social divisions during this era; a classof rulers (hukkdm), a classof scholars(ulemd) and the massesGamma):

The Rulers: In the year 668AH/I269AD rulership passed to the Mamluk Sultans, after `Ayn lands the overthrow of the Tarter at Jälüt and the of Syria. The Sultans of the Mamlük lands utilised the generally weak state of the and their victories over the Tartars and the

Crusaders to instill their rule and dominate the treasury of the state.121 The spread of districts was distributed between the Mamlük, the emir and their followers. The Mamlük rulers sought favour from scholars and facilitated the future of serious study, especially in the lands Syria of and Egypt. 122Berbersu Berbers alleviated the burden of heavy taxation and offered his his reprieve to prisoners, especially the political; for example, King Mansur, mother and brother. foreseeing I23 He strove to strengthen his rule and obtain support from the people; a much more stable internal situation.

The Scholars:These played a distinguished and active role in society, especiallyas rec- tifiers of the spiritual void left by previous invaders. The common and the higher classsup- ported their scholars asking them for rulings, taking guidance from their opinions, and rely- ing upon their advice. Scholars'words had a great effect upon generallife, especiallyin a polit- ical respect.Some scholarsof that time included `Izz al-Din ibn `Abd al-Saläm, Muhyi al-Din al-Nawawi, and Tagi al-Din Ibn Taymiyya. This class actively participated in the revival and the renewal of the role of scholars in society. The ordinary people began to realise the great value of these men, accepting their views and extolling their worth. Those ruling classalso embracedthem, acknowledging their status.

The Masses:The common people were farmers, manufacturers and traders. In

18 The Masses: The common people were farmers, manufacturers and traders. Ibn

Khaldan described them in these words, "They are the ones upon whom rests the responsi- bility of labour, strife and the hardships of human life. "124 Each group valued the traditions that combined to mould its character. Such individual customs dictate the behavioural pat- terns of its group members and can thus influence the social structure as a whole. At the onest of Mamlük rule, many such traditions which contradicted the fundamentals of Islamic Law lands and its rulings; migrated along with the people to the of the Sultanate of the Mamlük "Immigration days and their cities. Al-Magrizi stated, increased in the of Berbersu Berbers so flooded by that the lands of Egypt and Syria were groups of people, and their customs and for ways spread."25 Such immigration was perhaps responsible the appearance of prostitution and its resultant concept of `tax-off. ' "This is money that prostitutes pay. The prostitute has her name recorded with a woman called the guarantor. Even the most distinguished person in

Egypt would not be able to keep her from prostitution and participating in lewdness. '"i26

Many other contradictions to Islamic Law were in evidence,including: [i] Amassing wealth in ways that are prohibited by the Sacred Law, such as through deceit, bribery or usury. [ii] Taking people's money through trickery, forging money, or having a monopoly on a mer- beverages-DA chandise. [iii] Prevalenceof singing, consuming wine and other intoxicating Free-mixing of men and women in public places,etc.

It was within such a social and moral situation that Ibn Qayyim al-Jawziyya oversaw the guid- dealings fail- ance of the people, clarifying the negative consequences of unlawful and moral

ings. He emphasised the necessity of forbidding such violations and imbued the person discussed responsible for biSba127with the power to enforce this. He thoroughly the erroneous

nature of desires that were alien to the Sacred Law, resorting to physical prohibition as well as

verbal and written enforcement in order to curb them. 128

The writer of this thesis will detail the academic and spiritual journey undertaken by Ibn Qayyim al-Jawziyyain his quest for Allah's reward; may Allah shower mercy upon him.

ig ENDNOTES TO CHAPTER i

(misr): located I. Egypt a country in the north-east of . It was conquered by `Amr ibn al-'As in 18- during `Umar ibn 19AH/64oAD., the Caliphate of al-Khattab. It is now known as the Arab Republic of (al-gahira) Egypt, with the city of Cairo as its capital. The prestiege of al-Azhar university has often given the pronouncements of the Egyptian religious leaders a great weight in the Muslim world; during the last few centuries Cairo has been the cultural capital of the Arab world. Consult: The Europa Year Book zpp8, vol. 1, pp. I2o7ff.; Stamp; Longman Dictionary of Geography, pp. 133ff.; Glasse; The Consice Encyclopedia of Islam, p. 107. 2. The capital city of , situated on both sides of the Tigris river; the origins of the pre-Islamic name is not clear. The actual city, founded by the second Abbasid Caliph, Abü Ja`far al-Mansur, continued to be the cen- tre of the Abbasid Caliphate and the cultural metropolis of the Muslim world, until it was conquered by the Mongols in 655-656AH/1258AD. After this date it became a provincial centre until 1339AH/1921AD., when it became the capital of modern-day Iraq. See: Seltzer et al.; The Columbia Lippincott Gazetteer of the World, p. 14o; Longman Dictionary of Geography, pp. 39ff.; Donzel; Islamic Desk Reference,p. 47. 3. It was in this year that the Crusaders began their attacks against the Muslim world. 4. `Ashur;Misr wa'l-Shamfl Asr al-Ayyübiyyin,pp. 29-48 5. Abu Shama; Kitab al-Rawdatayn, vo1.2, pp. 229ff. 6. Ibn al-Athir; al-Kämil, vol. I2, p. 147. The 7. north-western area of the Arabian Peninsular and the birthplace and spiritual centre of Islam. The areas Muslims around the two Holy mosques of Makka and Madina are sacred areas which only the are allowed to From initially enter. the beginning of Islam, the region was under the control of the Muslim rulers, the Four- Rightly It fell Guided Caliphs, then the Ummayads, and, until 655AH/rz58AD., the Abbasids. then to the Egyptians it from and in 922AH/1517AD., to the Ottomans. Al-Sharif al-Husayn ibn `Ali reigned over 1334- Saudi 1342AH/1916-i924AD. Since 1343AH/1925AD. the region is now part of the territory of Arabia. Consult: Islamic Desk Reference, p. 133" 8. Lenman; Dictionary of World History, pp. 244-247; Kurd `Ali; Khutat al-Sham, vol. i, p. 237. 9. `Abd al-`Azim; Ibn Qayyim al Jawziyya Asruhu wa Manhajuhu, p.26. 10. Kurd `Ali; Khutat al-Sham, vol. 1, p. 282. ii. ibid p. 282. 12. `Abd al-`Azim; Ibn Qayyim al-JawziyyaAsruhu wa Manhajuhu, p. 27. 13.ibid p.28. 14. al-Qalanasi; Dhayl Tarikh Dimishq, p.284. 15.al-Maqrizi; al-Sulük, vol. I, p. 93; Abü Shama;Kitab al-Rawdatayn,vo1.2 P. 76; al-Katib; al-Fat, al-Qissi, pp.2- 3; King; The King Hospitalkers,pp. 125-126;Stevenson; The Crusadersin the East, p.249. 16. ; al-Bidaya wa'l-Nihaya, vol. I2, p. 323. 17. He died on the ist of March, 589AH/I193AD. See:Ibn Shaddad, al-Nawädir, p. 4io; Runciam; A History of the Crusades,vo1.3, PP. Ii-18. 18. Stevenson; The Crusadesin the East, p.314. Syria Middle-Eastern from 19. The capital of modern-day and a major city early medieval times and onwards. Khalid ibn it from Byzantines. In i4AH/635AD. al-Walid conquered the It was made the capital of the Umayyad Caliphate by Mu'awiya bin Abü Sufyan in The 35AH/656AD. Umayyad Grand Mosque was built by Caliph, Walid bin `Abd When Abbasids defeated the al-Malik. the the Umayyads at the battle of the Zad in Empire from Damascus river, 132AH/75oAD., the capital of the shifted to the newly-founded city of Baghdad. Despite Damascus important this, remained an city throughout Islamic history, and was recog- by dynasties; nized as such succeeding such as the Ayyubids and the Mamlüks. See: The Columbia lippin- Gazetteer World, The Concise Encyclopedia cott of the p. 485; oflslam, p. 91.

20 21. al-'Ayni; Aqd al Juman, events of the year 664AH. zz. Stevenson;The Crusadesin the East, P-339- 23.Kurd 'Al!; Khutatal--Sham,vol. z, p.127. 24. al-Maqrizi; al-Sulük, vol. i, p. 162; Ibn Taghri Bard!; al-Nujam al-Zahisa, vol. 8, pp. 6-7; 'Ashur; al-Haraka al- Salibiyya,vol. 2, p. 1183. 25. Mahmüd Shakir, al-Tarikh al-Islamiyya, vol. 7, p. 19; al-Bidaya wa l-Nihaya, Events of the year 702AH. 26. Khutat al-Sham,vol. 2, p. 129. 27. He was one of the leadersof the pagan Mongols that hailed from the Mongolian plains, near Lake Baikal, in northern China. He conquered that region, united its people, and went on to lead them in fighting the East. He once remarked: "We are the soldiers of Allah upon his land He created us out of His Divine wrath and set us upon whomsoever incurs His anger. So we show no mercy to those who weep, nor do we relent to those who complain. You have heard that we have conquered territories; we have purified the lands from corruption and have slaughtered most of the inhabitants. " See: Qiydm Dawla al-Mamalik al-Ula, p. 254- z8. al-Tarikh al-Islamiyya, vol. 7, p.28. z9. See:al-Bidaya wa l Nihaya, vol. 13,p. 203; al-Qänüji; Abjad al-'Ulüm, vol. z, p.1o8. 30. Ibn Batuta; al-, p.245; Qiyam Dawla al-Mamalik al-CU, pp.152-154; al-Magrizi; al-Khutat, vol. 3, p"93" 31.al-Najüm al-Zdhira fi Malük Misr wa'l-Qahira, vol. 7, p. 50. 3z. al-Kamil, vol. 12, p. 137. 33"See: al-Khudri; Muhadarat Tarikh al-Umma al-Islamiyya, p.482. 34. A lodge where those who wage jihad in Allah's Path reside. there is a reference to it in the Sunna. The Prophet, may Allah's blessings and peace be upon him, assigned for those amongst his Companions that were impoverished, a part of the mosque for them to live. They were known as 'People of the Veranda (arhab al- sufa). Consult: Magrzii; Khutat, vol. 3, p. 4z2. 35.al-Bidaya wa 1 Nihaya, vol. 13,267. 36. Ibn Qayyim al-Jawziyya;Madarij al-Shcikin, vol. i, p.72; and Ighatha al-Lahfan, vol. z, p.267. 37. Ibn Taymiyya; al-Radd ala 1 Akhna'i, p. 192. 38. al-Tarikh al-Islamiyya, vol. 7, p. 28. 39. ibid vol.7, p.29. 40. ibid vol.7, P.30. 41. 'Abd a1=Aziz al-Maraghi; Min Alam al-Islam! Ibn Taymiyya, p. t2; ; Ibn Qayyim al Jawziyya `Asruhuwa Manhajuhu, p.31. 42. This shall be discussedfuther in the section, 'Struggle for Power.' 43. For details of this: al-Bidaya wa'l-Nihaya, events of the year 7o2AH/I3ozAD; al-Fayrazabadi; al-Qdmü.s al- Muhit, section Ba', part Shin. 44. al-Tarikh al-Islamiyya, vol. 7, P.M. 45. Refer to the family-tree of al-Mansur Muhammad Qaylawun. 46. 'Ashur; al-Asru al-Mamlükiyya, PP-103-I39- 47. al-Bidaya wa'l-Nihaya, vol. 14, pp. lgo-286. 48. al-Tarikh al-Islamiyya, vol. 7, p. 12. 49. al-Asr al-Mamlükiyya, pp. 125-i32- 5o. Muhammad ibn 'Iyäs al-Hanafi al-Misri; Bada'1' al-Zuhür, pp. 156-165. 51.al-Tarikh al-Islamiyya, vol. 7, p. 12. 52. al-Asr al-Mamlükiyya, p. 132;abridged 53.al-Tarikh al-Islamiyya, vol. 7, p. ii; slightly editing. 54. ibid He is known by honourific 'Sultan Scholars.' He born 55" the tide, of the was in Damascus, in 577AH. he vis- ited Baghdadin Damascus later. 599AH and returned to a month He bagangiving sermons in the Damascus Mosque. He disagreed for handing with al-Salih over al-Salad to the Crusaders,so he cesasedsupplicating

2I for him. Al-Salih was enraged and subsequently imprisoned him. On his releasehe proceeded to Egypt to take up jurisprudence, he passedaway in the year 6ooAH., in Cairo. Consult: al-Tarikh al Islamiyya, vol. 7, P-30- 56. al-Bidaya wa'l-Nihdya, vol. 13,p. 244, events of the year 657AH. 57. al-Tarikh al-Islamiyya, vol. 7, p. 30. 58. Muhammad Rizq Salim; 'Asru Salatin al Mamdlik, vo1.3,p. 182. 59. Taj al-Din Subki; Tabagat al-Shäfi iyya, vol. 5, pp"84-85. 6o. Ibn Qayyim al-Jawziyya Arruhu wa Manhajuhu, P-54- 61. He was born in the village of Nawa in the land of Syria, 631AH. He was an eminent scholar of jurisprudence and hadith. He died in the year 676AH. See:al-Tarikh al-Islamiyya, vol.7, P-31- 62. Jalal al-Din al-Suyiiti; Vusn al-Muhädaarafi Akhbdr Misr wa l Qahira, vol. z, p. 66. 63. ibid vol. 2, p.71. 64. MuhammadAbü Zahra; Tarikh alMadhahib al-Fighiyya,p. 459. 65.al-Bi&ya wa'l-Nihdya,vol. 14, p. 23. 66. ibid vol. r4, pp. 23-2-4,with slight editing. 67. Qur'an 9:38-39 68. Qur'an 2: i9o 69. al-Bi&ya wa'l-Nihdya, vol. t4, p.26. 70. 'Ali Ibrahim Hasan; Dirasat fii Tarikh al-Mamalik, vol. i, p. u 71. Dr. Bashar'Awad Ma'riif, al-Dhahabi wa Manhajiuhu, p.75 72. al-Tarikh al-Islamiyya,vo1.7, p. 16. 73. ibid vo1.7, ppA5-t8 74. ibid vol. 7, p. 16 75. al-Maqrizi; al-Khutat, vo1.4"P-4- 76. ibid vo1.4,p. 36 77. ibid vol. 4, P-49- 78. ibid vo1.4, P"57. 79. Husn al-Muhdäara, vo1.2, pp. 140-141. 8o. ibid vol. z, p. i42. 8i. al-Magrizi; al-Khutat, vo1.4, pp. z16-zi8. 82. ibid vo1.4, p. zi8. 83. ibid vo1.4,p. 222. 84. Hospice (khanqa): a residence, home or lodge for worship. These began to be built around the fourth cen- tury AH. See: al-Magrizi; al-Khutat, vol. 4, PP-271-283- 85. Founded in the year 569AH. See: Husn al-Muhadara, vol. z, pp. t4o-14.r. 86. Founded in 7o6AH. Consult: al-Magrizi; al-Khutat, vol. 3, p. 226. 87. Founded in 756AH. ibid vol. 4, p.293. 88. ibid 89. Founded in the year 684AH. See:ibid. 90. Founded in 8o6AH. See:Husn al-Muhadara, vol. 2, p. 147. 9i. Founded in the year 67oAH. See:al-Nu'aymi; al-Däris fi Tarikh al-Madaris, vol. i, p.359. 9z. al-Bi&ya wa [Nihdya, vol. 13, p. 82, events of 61zAH. 93" ibid vol. 13, p. r85, events of 64oAH. 9+ ibid vol. 13, p. z44, events of 657AH. 95. ibid vol. 13, P.38, events of 597AH. 96. ibid vol. 13, p"193, events of 643AH. 97. al-Tartkh al-Islamiyya, vol. 7, p. '6. 98. al-Bi&ya wa'l-Nihaya, vol. 13, p. 8z, events of 66oAH.

22 99. ibid vol. 14, p. 44, events of 7o5AH. ioo. ibid vol. 13, p. 336, events of 68iAH. ioi. ibid vol. i4, p. 130, events of 7o2AH. 102. Ibn Hajr al-'Asgalazii;al-Durar al-Kamina, vo1.4, p.262. 103.al-Bidäya wa'l-Nihaya, vol. 13, p.3io, events of 676AH. 104. al-Bidaya wa l Nihaya, vol. i4, p. 178, events of 733AH 105.ibid vol. i4, p.2o9, events of 742AH. io6. ibid vol. i4, p. i48, events of 728AH. 107. ibid vo1.13,p. 279, events of 665AH. io8. ibid vol. i4, p. 243, events of 748AH. iog. ibid vol. i4, p. 252, events of 75iAH. iio. Ibn Qayyim al jawziyya Asruhu wa Manhajuhu, p.49. in. al-Mundhari; al-Takmila, p. 38. uz. al-Bidäya wa'l-Nihäya, vol. 14, pp. 28-49. u3. ibid vol. 13,pp. 196-202. 114. al-Darts, vo1.2,pp. 29-i26. as. al-Bidäya wa 1 Nihäya, vol. 14, PP-II-37- 116.Aba Zahra; Ibn Taymiyya,p. 25. 117.Such as al-Agida al-W,ýsitiyya, al-Agida al-Hamawiyya, Dar' al-Ta arud al-Aql ma a'l-Nagl and Minhaj al- Sunnahal-Nabawiyya. 118.See: ; Raf al-Maläm 'an al-A'imma al A lam. ii9. Consult: Ibn Qayyim al-Jawziyyah;AZam al-Muwaggiin. izo. Consult: A'lrim al Muwaggi7n and Zäd al-Ma'ad izi. Ibn Qayyimal Jawziyya Asruhu wa Manhajuhu, p. 54. 122.Hum al-Muhädara, vol. 2, p. 67. 123.'Ashur; Tarikh al Mamalik fz Mirr wa'l-Sham, p. 89; Bada'i' al-Zuhür, vol. i, p. 31i. 124. Ibn Khaldün; al-Mugaddima, p.434" i25. Ahmad Mukhtär al-'Abädi; Qiyam Dawla al-Mamalik al-'Mfl Misr wa Sham, p. 219. 126.Badai' al-Zuhür, p. i5o. iz7. See:Ibn Qayyim al-Jawziyya; Turuq al-Hukmiyya. 128.Consult: A Lamal-Muwaqqiin, Ighatha al-Lahfän and Jawab a1-ýUfl.

23 Chapter two

Ibn Qayyim al-Jawziyya's Scholastic Endeavour

2.1 His Name and Renown

2.2 His Early Years

2.3 His Scholastic Life

2.4 His Studies

2.5 IQJ's Teachers And Tutors

2.6 His Students

2.7 His Scholar's Praies For Him

2.8 His Literary Technique

2.9 His Character and Faith

2.10 IQJ's Achievements

Endnotes Chapter 2. Ibn Qayyimal Jawziyya s ScholasticEndeavour

2. i His Name and Reknown' The author's name is Shams al-Din Muhammad ibn Abra Bakr In Ayyub In Sa'd ibn Ilurayz2 ibn Makk13al-Zura`i. 4 He became known as Ibn Qayyim al-Jawziyya becausehis 6 father was the rector (qayyim)5of the Jawziyya School (madrasa)in Damascus.

Those who describedand extolled his fame included both his contemporaries, as well as his 8 student; such as: , al-Hanbali, 7 al-Safadi, Ibn Kathir, 9 al-Dhahabi, 1OIbn `Abidin, " al-Buhüti, 12al-Subki, 13 al-Ya`muri, 14 al-Iräg7i, 15 al-Taräbulsi, '6 and al-Mawsü'a al-Fiqhiyya al- Kuwaytiyya.17

The scholars of his era also knew him as Ibn al-Qayyim; a name which was used by later gen- erations. He was mentioned as such, by al-Quräfi, I8 al-Zayla`i, 19 al-Magdisi, 20 al-Mardäwi, 21 al-Futühi, 22 al-Haytami, 23 al-Ramli al-Egypti, 24 al-Bahüti, 25 al-Ämawt, z6 al-Kharshi, 27 al-

Nafräwi, 28 al-Khädimi, 29 al-San`äni, 3° al-ARrini, 31al- Ujayli, 32al-Ruhaybani, 33al--`Attär, 34 al-

Shawkäni, 35Ibn Hajr36 and al-Suyütti. 37

Some considered his name to be Ibn al-Qayyim al-Jawziyya (such as al-Ya`muri, and al-

HaytamY). 38 However, this title contains an apparent grammatical contradiction of the tradi- tional linguistic rules of Arabic; thus to the purist such an inconsistency would be deemed incorrect. The use of the definite article is inappropriate when a further name is added to an existing one; neither should one incorporate two individual definitions in one Arabic word. 39

25 However, having examined the previous evidence, it is apparent that despite the varied deri- vations, Ibn Qayyim al-Jawziyyawas primarily recognized as Ibn al-Qayyim by his contem- poraries and by future scholars,his lengthier title having arisen perhaps for two reasons:

Firstly: His family and descendantsbecame widely known by this name. Secondly: Many oth- bin `Ali ers were known by the samesurname, Ibn al-Qayyim, such asAbü Bakr Muhammad al-Hussayn In al-Qayyim al-Hanbali (d.48oAH). 4° Also, Baha al-Din `Ali ibn `Isä al-Tha'labi be Ibn al-Qayyim al-Shäfii al-Egypt-1(d. 71o). 4I So in order to avoid confusion, it would per- haps more accurateto afford him the title of In Qayyim al-Jawziyyathroughout the course of this dissertation42

Al-Jawziyya is the school (madrasa) which was overseenby the author's father, Aba Bakr, In named after the man who made it an endowment and trust (wagfj, al-Jawzi, Muhyi al- Din Yiisuf ibn Abu'l-Faraj `Abd al-Rahman ibn `Ali ibn Muhammad ibn `Ali ibn `Ubayd Allah died The al-Jawziyyaal-Qurashi al-Bakri al-Baghdadi, al-IIanbali; who in the year 656AH. site is of the ancient school still stands in Damascusin the areaof al-Buzuriyya, although no one future plans for its re-development. awareTT" of anyTi ý7

2.2 His Early Years IQJ was born in Damascus43in the year 691AH/ra9zAD on the 7th day in the month of Safar.44 He was brought up in a household of knowledge and piety where Abü Bakr, his father, being renowned for his righteousness,piety, worship and virtue. As rector (qayyim) of the Jawziyyaschool, he was loved and respectedby the people who recognisedhis innate senseof justice and duty. Abü Bakr had vast knowledge, the fundamentals of which he passedon to his son IQJ; the latter being particularly inspired by studiesof duty and obligation. Thus IQJ spent his formative yearswithin an environment that instilled in him the virtues of scholastic attainment and the qualities necessaryto live a righteous life.

IQJ's first son, `Abd Allah continued to pursue the family's quest for knowledge, becoming

26 famous for his phenomenal powers of memorization. At the ageof nine he had memorised the

Qur'an, revealing himself to have had astonishing tenacity and motivation for one so young. `Abd Allah eventually taught in the Sadriyya school after the death of his father. The second son Ibraheem also taught at the Sadriyyya school. His intellectual ability again reflected the family traits, and not only did he becomea competent grammarian, but also a jurist. Thus Abü Bakr had been the inspiration and instigator of a house-hold of knowledge. Amidst this rich- ly cultured atmosphere,the author flourished to become one of the most important figures of his time.

2.3 His Scholastic Life

IQJ began seeking knowledge at the age of six, and learnt some of the Qur'an with al-Shihäb al=Äbir. 45 He was keen to benefit from the diverseknowledge of the scholarsof his time, pay- ing particular attention to Islamic Doctrine (agida), tawhid, hadith, Qur'anic exegesis, jurisprudence, and laws of inheritence. He also studied the fundamentals of jurisprudence (usül al filth), kalrim, and the intricacies of the Arabic language.His student, Ibn Rajab said of him, "He gained the understand44ing of the Hanbali school and mastered the sciencesof Islam."46 Ibn Kathir, the famous exegesiststated, "He pursued knowledge in a number of dis- ciplines, striving diligently day and night. "47

2.4 His Studies

IQJ acquired his understanding of the sciencesfrom many famous scholars. He recited the Qur'än to al-Shihäb al-'Abir; 48 he studied Arabic with the Tunisian scholar, Majd al-Din and Abu'1-Fath al-Ba`labaki.49 He studied exegesiswith the Shaykh of Islam Ibn Taymiyya5° and learnt hadith from Fätima hint Jawhar,51 Ibn `Abd al-Dayim, 52Ibn Taymiyya53and the badith master, al-Mizzi. 54 He studied tawhid with the Shaykh of Islam Ibn Taymiyya55and with al- He Safi al-Hindi. 56 pursued, the study of inheritence under his father,57 Ibn Taymiyya58and leading al-Majd al-Harrani; 59the Hanbali scholar of his time. He studied jurisprudence with Abu'l-Fatli 6o Shaykh 6' al-Ba`labaki, al-Islam Ibn Taymiyya, Maid al-Harräni, 62 Sharafal-Din;

27 63 the brother of Ibn Taymiyya. He studied usal al- from al-Safi al-Hindi, 64 Ibn 66 Taymiyya65 and al-Majd al-Harräni. As for kaldrn, he studied this with the Shaykh of Islam Ibn Taymiyya. 67

Dr. Bakr Abü Zayd saysof IQJ, "We shall doubtless seehim as a central figure in the study circles of many great shaykhs, displayng an unquenchable thirst and ambition to master the various Islamic sciences."68

2.5 IQJ's Teachers and Tutors IQJ's intellectual development and scholarly maturity were directly influenced by the follow- ing: -

69 i- Qayyim al-Jawziyya, his father; Abü Bakr ibn Ayyüb. (d. 7ooAH).

2- Al-Shihab al-'Abir (d. 697). 7°

3- Fatima bint al-Ba`li Shaykh Ibrahim ibn Mahmüd b. Jawhar al-Bata'ihi (d. 71i).71 4- Abu Nag; al-Shirai Muhammad ibn `Imad al-Din (d.74). 72- 5- Al-Hindi; Muhammad al-Safi al-Din ibn `Abd al-Rahim ibn Muhammad `Arbawl (d.715). 73 6- Al-Magdisi, al-Hanbali; Tagl al-Din Abu'1-Fadl ibn Qudama (d.7i5)? 4 7- Al-Dimishgi, al-Shafi`I; Abu'1-Fida' Ismail ibn Yüsuf al-Qays (d.716). 75 8- Zayn al-Din Abu Bakr, al-Magdisi; Ahmad ibn `Abd al-Da'im b. Ni'ma (d.718). 76 9- Sharaf al-Din `Isa ibn `Abd al-Rahman al-Mut'im. (d.719). 77 `Abd Allah ibn `Abd ibnTaymiyya (d. io - Sharafal-Din, al-Halim 7z7).78 Muhammad b. `Ali (d. ii - Abu'1-Ma`ali Kamal al-Din al-Shafi`i; al-Zamalkani 7z7).79 b. `Abd b. Taymiyya; (d. 8o 12 - Tagi al-Din Alhmad al-Halim the Shaykh of Islam 7z8). 81 i3 - Al-Harrani; Majd al-Din Isma`il b.al-Farra' (d.729). b. 82 14 - Al-Nabulsl; Zayn al-Din Ayyüb Ni'ma (d.73o). is - Al-Hamawl, al-Shäfi`i; Badr al-Din Muhammad b. Ibrahim b. Jama`a(d. 733).83 i6 - Al-Shafi`i; Jamal al-Din Yüsuf b. Zaki al-Din b. `Abd al-Rahman al-Quda`i (d.742). 84 17 - Al-Maqdisi, al-Hanbali; Shams al-Din, Muhammad b. Muflih b. Mufarraj (d. 763).85

28 2.6 His Students:

Such was the mental agility and spiritual awarenessof IQJ that it was inevitable that others should come to receive tutorage from him. He drew students from afar, not only Damascus, but Cairo, Qawnuwa, Fas and Andalusia. The varied nature of his capabilities proffered a source of learning to those who sought knowledge. The fact that IQJ had taught in both the Sadariyyaand the Jawziyyaschools increasedthe magnitude of his merit; thesetwo institutions representing a much sought after education. It was the aim of IQJ's students to strive to achievesomething of his high standard. The most distinguished of these pupils included: i- The supremejudge al-Qunawl al-Shafi`I, `Ala al-Din `Ali ibn Ismail ibn Yüsuf. He stud- ied under IQJ and was impressedby him, praising his researchand honouring him. He died in 7a9AH. 86 z- Sharaf al-Din, `Abd Allah ibn Muhammad ibn Abü Bakr ibn al-Qayyim; "The noble I ianbali jurist. He possesseda sharp, keen intellect; issued rulings; studied and debated. He was a prestigious scholar."87 He died in the year 756AH., at the age of 33years. 88 3- The Shaf'i jurist, Qur'anic exegesist,linguist and grammarian, Taqi al-Din `Ali ibn `Abd al-KM ibn Tamam. Al-Suyütl said of him, "He wrote about one hundred and fifty books, one of which was the exegesisof the Qur'an. " He died in the year 756AH. 89 4- The Qurayshi, al-Magri, al-Tilmisani; Muhammad ibn Muhammad ibn Ahmad ibn Abü Bakr. He died in the year 759AH. 9° S- Local judge at Fas,the Qurashi; Muhammad ibn Ahmad ibn Abü Bakr ibn Yahya ihn `Abd al-Rahman. He died in the year 759AH. 91 6- The Shafi`i Abu'l-Safa, Khalil ibn Aybak ibn `Abd Allah al-Safadi. He said of his shaykh, IQJ, "I kept company with him and learned from him, especiallyin the field of Arabic and the fundamentals of jurisprudence."92 He died in the year 764AH. 93

7- Burhan al-Din, Ibrahim ibn Muhammad ibn Abü Bakr ibn al-Qayyim. In Kathir stated about him, "He was respectedin the field of grammar and jurisprudence, following his father's way; he studied in various places." He died in the year 767 AH. 94 The Shafi`i `Imad `Umar In 8- al-Din Ismail ibn Katheer. He authored a famous Qur'anic exegesis,as well as al-Bidaya wa'l-Nihdya. He passed away in the year 774AH. 95

29 9- Zayn al-Din, the Hanbali scholar of Baghdad; `Abd al-Rahmän ibn Ahmad ibn Rajab. He acquired knowledge from IQJ and reaped benefits from it. As a diligent pupil, he listened to his teacher'sworks astutely, including the Nicniyya ode. His biography of IQJ is regardedas one of the most detailed and comprehensive.Later biographers, such as Ibn Hajr, Ibn `Imad and al-Alüsi referred extensively to the work of Ibn Rajab. He died in 795AH. 96 Muhammad ibn `Abd ibn `Uthmän ibn `Abd zo - Al-Nablusi, al-Hanbali; al-Qadir al- Rahmän; the author of Mukhtasar Tabagdt al-Handbila. He died in the year 797AH. 97 Muhammad ibn Muhammad, died in 8o8AH. 98 ii - Al-Ghazi, al-Shäfi`i; who the year Muhammad In Ya`qüb ibn Muhammad Muhyi He 12 - The Shäfii; al-Dinial-Fayrüzabädi. is the author of the famous Arabic dictionary, al-Qdmics.He died in the year 8i7AH. 99

There was a group of scholars inspired by IQJ to write their own books, including a biogra- phy; loo for example the Hanbali hadith scholar, Muhammad ibn `Uthmän; 101Muhammad ibn Shahwän;'O2 `Izz al-Din ibn Jamä'a;103 and Tagi al-Din ibn Shugayr.104

From an early age, IQJ had embarked upon the collecting of books of knowledge. The even- tual extent of his diverselibrary was unquantifiable, this in itself providing evidenceof his insa- tiable desire for mental stimulation and the furtherance of his education. His reading was expansiveand continuous; demonstrating the vast breadth of his knowledge of Islam and its pertinent sciences.IQJ researchedextensively, examining the varied opinions of others and assimilating conflicting evidenceto help form his own conclusions. However he admitted that few works had escapedhis collection, "With regardsImam Al}mad's words and rulings, more than thirty volumes were written that Allah, Exalted is He, has blessedus with; we have most of them."1Os

IQJ had also collected some of his Shaykh Ibn Taymiyya's books and he wrote a treatisewhere in he listed the namesof his works. IQJ's renowned poem, or ode, al-Nicniyyaio6 makesrefer- encealso to some of his Shaykh'sworks. Ibn Rajab corroborates the extent of IQJ's interest in book collecting, "He cherished knowledge; reading and writing books, as well as collecting them. He collected books that no other person had."bo7 Ibn Kathir informs us that, "He col-

30 lected titles both ancient and contemporary, eventually acquiring an amount of which a tenth of a tenth was not possible for any other person to attain."108 Ibn Hajr states that IQJ was "enamoured by collecting books and thus he obtained so many that they could not be count- ed."109

2.7 The Scholars' Praise for Him It is of no surprise that we find scholarsfull of praise for his academicachievement and great status within the diverse disciplines of Islam.

Ibn Rajab says, "I saw no one who was as knowledgeable as him, nor more knowledgeable of the meanings of the Qur'än, the Sunna and the realities of belief. He is not infallible, but I have not seen in this context the like of him. "110 He continues, "He gained a deep under- standing of the Hanball school and mastered the Islamic disciplines."111

The In IIajr said, "He was widely read, learned and knowledgeablein the differencesof opin- ion and views of the Pious Predecessors." 112

Al-Safadi stated, "He becameone of the major Imams in the scienceof tafsir, hadith, funda- mentals of filth, kaldm, subsiduariesand Arabic; no one has succeededShaykh Tagi al-Din Ibn Taymiyya like him. "I13

Imam al-Suyüti opinied, "He authored, debated and became a master. He has become one of the major Imams. "II4

Ibn Taghr! Bard! affirmed, "He was distinguished in the various sciences,in tafrir, figh, Arabic, grammar and hadith."Iis

Dr `Awad Allah Hijäzi saysof IQJ's ode, al-Nüniyya; a poem expounding the Islamic beliefs and doctrine, "It is but evidencefor a mighty intellect!"116

31 Dr Bakr Abü Zayd also corroborates, "Anyone who has studied the life of IQJ and read his sciences,would find a great mind, ripe intellect and impressive.genius. "117

The above accoladesreflect a high level of scholastic achievement that could only, be gained via IQJ's absolute commitment. and resolution. The reasonsfor. this self-discipline and deter- mination may have to do with some of the following..

i. The Specific Environment It has been previously mentioned that IQJ had been brought up in a home of knowledge and piety, an enviroment instrumental in the nurturing of his interest in Islamic legal studies. This in addition to the fact that his father was the shaykh of the and the rector of the Jawziyya School, may have combined to cultivate a con- stant quest for the improvement of his skills, both academic and spiritual.

ii. The General Environment.. The period that IQJ lived in had. witnessed a marked houses activity in the scholarly movement. As a result, the of knowledge had increased, as had `Umar schools and an interest in authorship. Dr Musa Bäsha described this scholarly revival,

"We have not witnessed in the history of Islamic civilization such a time of cultural and liter- ary ripeness."119

iii. His Adherenceto the Teachingsof Ibn Taymiyya:Ibn Kathir revealsthat, "when the Shaykh of Islam Ibn Taymiyya returned from Egypt, in 721AH, IQJ kept constant compan- ionship with him until the shaykh died, thus he gleanedmuch knowledge from him. "u9 Ibn al-Taymiyya becamehis mentor and closecompanion; this relationship enabling IQ to study at the hands of a master and further his scolasticdevelopment, whilst enjoying a close friend- ship. IQj paid tribute to his. teacher in the Nüniyya, acknowledging,the positive influence he had had upon him,. yet admitting that he could never repay the debt he.owed. to the shaykh. Al-Mugri, friendship, "I Ibn a student..of'IQJ, -confirms-the saw al-Qayyim - the pride of the. Hanbalis in Damascus- and he is the greatestfriend of ibn al-Taymiyya."120 Ibn Hair furthers the evidenceof the shaykh's influence, "If Ibn Taymiyya had no. other virtues except.his stu- dent Ibn al-Qayyim, then this would be proof enough of his great status."121- Such was the

32 esteemwith which IQJ was held, that all who had been involved in his education were deemed to be of great academicworth.

It may be concluded that IQJ had been born into the right place at the right time. His cir- cumstancesdictated that he need not travel far to discover the knowledge that he sought. Dr Bakr Abü Zayd asserts,"Fortunate is he whose sustenanceis brought to his own doorstep.11122 Ibn Batüta journeyed to Damascusand noticed a growth in the construction of scholasticand religious establishments,saying, "The people of Damascus competed in building mosques, schools etc., whoever sought knowledge or a sanctuary for worship, would be successful there."12-3 , in his book Ribla, extols the virtues of Damascusas a seat of learning, "Whoever wishesfor successfrom amongst the youth of West Africa, let him travel to this land to seekknowledge. Here he will find many ways of accomplishing this task."u4 Thus we have further evidenceof the facilities available to IQJ and this suggeststhat unlike most scholarsof that era, he had little need to travel in search of knowledge. Traditionally, a scholar must widen his horizons in order to achievea higher level; IQJ converselyhad accessto local schol- ars and the ensuing opportunities for debate, narration and teachingsthat could all facilitate a climb up the `chain of transmission.'

IQJ's biographers only deal with his travels related to pilgrimage and his stay in Makka, again suggesting that his locality of Damascus provided a requisite scholastic atmosphere. However, his book Hiddyat al-Hayara reveals,"I had a debate in Egypt with the most prestigious of jew- ish scholars."125 And in his work, Ighäthat al-Lahfän, "I studied once with some of the leaders of medicine in Egypt. "126 I suggest that the aforementioned reinforces the hypothesis that his initial education was received locally and only then did he journey to put his knowledge into practice. He remained in Damascus to benefit from the wisdom of the famous scholars of his time. 127

2.8 His Literary Technique he drew knowledge From these until he gained proficiency in the Hanbali rnadhhabL28and

33 Uanbalis. However he subsequentlybecame one of the most famous scholars of the refuted (madhhabs) for extremist treatment of the schools of thoughts and called the prioritisation of an adherence to authentic evidences,129 as affirmed in the Qur'an and the Sunna. So he rebutted the prohibitted forms of taglid and rebuked those who practiced such.

his books, being A'läm in, in He raised this matter in some of one of them al-Muwaggi which ijtihäd following However, he expanded the discourse ! concerning and a madhhab. rather than he criticise the Four Imams and their contemporary students, praised them and their state- This is in his book Turuq ments, and alluded to their opinions. particularly evident al- is However IQJ Hukmiyya fi'l-Siyasa al-Shar`iyya - which the area of our study. was selective His "call- when faced with ambiguity and contradictory opinions. methodology entailed the " 130Thus IQJ despite ing of solid evidence with respect to scholars of repute. theorised that the inevitability of diverse thought amongst scholars, one must finally accept authentic proof. IQJ "and itself in differing light from says in this respect, a matter may present often a that of the in madhhab. Yet there is no reason why we would give a ruling contradiction to what we it be believe. We would mention the soundest madhhab, support it, pronounce to correct and best be followed. "131 acknowledge that it is to

Thus, the methodology of IQJ is established in knowledge, founded upon authentic evidences.

IQJ highlighted the necessity of those competent, to forsake taglid, thus emphasising the wis- founded banner dom of questioning knowledge that is not upon evidence. He carried the of learning, illustrating his philosophy in both words and actions. Imam al-Shawkani describes

IQJ's methodology, "He adheres to the authentic evidences and works with them in a man- for by ner independent of personal opinion. He aims truth, remaining uninfluenced oth- in his "Ibn had devel- ers."132 Dr Bakr Abu Zayd -a specialist works - asserts, al-Qayyim truly

oped intellectual freedom in the area of Islamic legal sciences, by referring them back to their

first source and root spring. So Ibn al-Qayyim had sifted through facts, researched new events

and treated matters of creed and all Islamic legal sciences. He thereby offered the people great

knowledge and a ripe intellect that was constructed upon the soundest of fundamentals and

guided scholarly research method. Such was the extent of his mastery, that any scholar study-

34 ing his work would remain loyal to the ideals of IQJ. "133Turuq al-Hukmiyya is a fine example of such an influential text, critics of this confirming the author's treatment of many matters as An his redolent of that of an experiencedspecialist. example of powers of argument:-

he When examining the subject of pricing, portrayed the multiplicity of facets involved, enu- merating each and offering comprehensible reasons for their benefits, or otherwise. He had the ability to illustrate the options, examine their consequences and to conclude with a sound and book, credible solution. The section in his Turuq al-Hukmiyya, which relates to Public Duties in Islam (hisba), is so comprehensive that scholars need only study this to enrich their under- standing. Although IQJ authored around ninety texts, the topic of hisba occurs nowhere else.

IQJ embraced this methodology in his scholarly life; established upon knowledge and not extremism to the madhhab. He assimilated evidence even if it was in a madhhab other than his. Successive scholars held him in high esteem, respected his sciences and pursued their ethics. Amongst those who acknowledged the significance of his methodology was the emi- nent scholar al-Shawkäni, "He took nothing but the evidence relying primarily upon it for result. He was fair and went with the evidence in most of his research, not relying upon less concrete opinion. When he was fully conversant with a topic, he had the ability to write inno- vatively and profoundly about it. Those who wished to take their madhhab from the evidence were delighted with it. "134

Scholarsof the various madhhabsand differing groups learned from him, e.g. I IanafU, Mäliki and Shafi`i scholars,just as some Zaydis and Ba`thi scholarsdrew from his philosophy. These latter scholarswere in addition to scholarsof his madhhab,the Hanbalis. Researchinginto the works of both IQJ and Ibn Taymiyya, it becomesapparent that the pupil came to supercede the master, the knowledge of the Shaykh having been expandedupon and analysedcritically and minutely.

2.9 His Character and Faith The bearer knowledge of must act in accordancewith his principles. IQJ is one of the schol-

35 ars whose action and wisdom were inextricably linked. He displayed no differentiation between knowledge, action and virtue. This lack of hypocrisy ensured that he was perceived as possessingonly good attributes and praiseworthy character. He hailed from a noble family that was renowned for goodnessand virtue (and he acknowledgedresponsibility for continu- ing thesequalities. ) In Kathir, one of his closestcollegues describes him, "He recited beauti- fully, his personality being full of warmth. He did not envy anyone, and despite circumstance, he alwaysremained patient. Prevalent in him were goodnessand virtuous character."135

he humble before In the area of worship and asceticism was Allah, Exalted is He. IQJ was followed his life, amongst the scholars who this way in scholarly since worship is the goal of knowledge. After praying the Fajr Prayer, he would sit in his place engaging in Allah's remem- brance (dhikr) until day rose, saying, `this is my rest; if I do not partake of it, my strength "Through leadership would fail me. "136He also used to say, patience and poverty in the Faith is achieved. "137His student, Ibn Kathir extols his spirituality:, "I know of no scholar in our time who is a greater worshipper than him. "138Another of his students, Ibn Rajab, also alludes to his pious nature, "May Allah's mercy be upon him, he is known for worship, night prayer levels. bow humility before and prolonging the prayer to great He would in remembrance and

Allah; he would open himself to Him and place himself between His Hands upon the doorstep of His worship. I never saw anyone like him. "139

He visited Makka and there is written evidence of his worship and circumambulating of the house, that is impressive. Ibn Rajab said, "He performed pilgrimage many times and went to

Makka. His family would publicise the zeal of his worship and the number of his circumam- bulations, these were impressive. " 140Indeed. whoever reads the works of IQJ, will acknowl- edge that "he had a heart fortified with certainty in Allah and humility, servitude, reliance and repentant to Him. Also that worship had instilled in him the place of medicine, treatment and the necessity of the training of the soul. "I4I On concluding his book, Miftdh Dar al-Sa aaa wa'l

Wiläyat al-71m wa'l-Irada, IQJ stated, "Allah had blessed me when I secluded myself for Him at His House and I threw myself at His door, poor and destitute, when I presented myself to

His winds at His House and I was present day and night. No one may fail who shall put his

36 his door in His "142 needsbefore Him, hang his hopes in Him, stay at and abide sanctuary.

2. io IQJsAchievements life, his his IQJ's practical life was linked to. his scholarly. actions adhering unswervingly to We follows: quest for knowledge and spirituality. are able to quantify this as

" Rectorship " Giving Sermons " Teaching

" Issuing Legal Verdicts (fatdwä) " Writing

Rectorship:IQJ took up the leadership of the Jawziyya School, becoming its rector; a position held formerly by his father. Ibn Kathir confirms this, "He is the Imam of the Jawziyya, and

the son of its rector."43 Sermons:He becamethe regular orator (khatib), of the mosque that was founded by Najm al- Din ibn Khallikän, '4 being the first to have done so.45

Teaching.IQJ began teaching at an early age. He embarked upon this during the lifetime of knowl- his shaykh, In Taymiyya. His student, Ibn Rajab, says,"A great many people took his he died." `Abd iädi, Ibn Kathir edge from him, from the time of shaykh until Ibn al-Ii 46 from and al-Dhahabi were amongst those who respectedand learned IQJ. Ibn Kathir com- ments, "Our friend, al-Zar'!, the Imäm, the eminent scholar and rector of the Jawziyya; Muhammad ibn Abü Bakr ibn Ayyub, taught at the Sadriyya."47

Legal Verdicts:IQJ lived at a time rich in Islamic legal sciencesand general knowledge, although simultaneously suffused with differences in creed, disputes in madhhab and blind extremism. IQJ had taken up the methodology of his shaykh Ibn Taymiyya in issuingfatawä, raising the flag of the Book and the Sunna in all his rulings. This resulted in controversy at

37 times, and, at one point he was thrown into prison as a result of his proposals.Amongst these was his ruling on divorce; saying the word thrice consecutively counts only as one pro- nouncement.'48 Also his ruling forbidding preparation to travel to al-Khalil. '49 Ibn Rajab explains, "He was imprisoned for a while for forbidding preparation to travel (in a form of pil- grimmage) to al-Khalil. " 5°

Writing: The writing of IQJ is infused with beauty and magnetism; qualities not noticed by his friends alone, but also admitted by those of differing philosophies. Ibn Hajr stated, "All of his works were popular amongst the groups."151 Ibn Rajab said. "He wrote many great works on the various sciences.He also greatly loved knowledge, writing it, and studying it "I52 IQJ had covered a number of the sciences.His work on the scienceof doctrine and the scienceof kaläm amounted to eighteen; he wrote four books pertaining to Islamic legal politics; figh and its fundamentalswas researchedin at least thirteen of his works; his studies in education, char- acter and morals exceededtwenty three tomes, as he examined in depth the importance of social awarenessto the life of the individual. In the areaof the Quran and its sciences,he pro- duced nine works, and his studies of the Sunna, amounted to approximately six. In addition he compiled encyclopaediasthat encompasseddifferent sciences;e. g. Zäd al-Ma äd i Hadt Khayr al-76äd and Baz i `al--Fawdid. Both theseworks were highly rated by later scholars.He penned four works on the subject of medicine and a further four explaining its `tool studies' particularly pertinent to the Arabic language. His remaining sixteen works examined various other disciplines.

The following details the extensivetreatises and texts produced by IQJ:

Doctrine and the Science of Kaläm i. 7jtima`aI Juyicshal-Islrimiyya ä& Ghazw al-Mu ättila wa'ljahmiyya. 2. Hadi al- Arwah ila Bilad al- Afrah. 3. AI--Ruh. 4. Shifa' al- Alil fr Masa il al-Qada' wa'l-Qadr wa'l-Hikma wa'l-Ta `lrl. 5. Al-Sawaiq al-Mursala al-Munazzala ila'l-jahmiyya wa'l-Mu ättila.

38 6. Al-Kdfiya al-Shafiyafi'l-Intisar li'l-Firga al-Ndjiya.

7. Miftdh Dar al-Sa`adawa Manshür Wiläyat al- 71mwa'l-Irada. 8. Hiddyat al-Hayara fi'l--Radd äla'l--Yahüd wa'l-Nasara. 9. jawabat Äbid al-Sulban wa anna ma hum älayh Din al-Shaytan. io. Sharb al-Asma' al-Husna.

Ii. Al-Kabä ir.

12. Al-Rüh wa'l-Nafi.

13.Al-Futühat al-Qudsiyya. kana : 14. Al jawab al-Shah li man Saäla an Thamarat al-Du 'a idha ma qad Quddira Maqi 15.Rabi al-Abrar fr'l-Saldt ä1a'1-Nabial-Mukhtar. i6. Al-Sirat al-Mustagimfi AhkamAhl aljahim. it fi Na-7m ir. 17. Tarigat al-Baskit ilfx Ha&gat al-Sara al-Kaba i8. Al-Fath al-Qudsi.

Islamic Legal Politics r9. Abkam Ahl al-Dhimma. fi'l-Qawä 20. Al-Turuq al-Hakmiyya fz'l-Siyasaal-Shar`iyya Tadbrr al-Ri äsa id al-Hukmiyya. 21. Sharh Nukat al-Hamasa (Mugtadd al-Siyäsafx Sharh Nukat al-Hamasa). zz. Tadbir al-Ri äsafi'l-Qawä'id al-Hukmiyya bi'l-Dhakä' wa'l-Qariha.

Fiqh and its Fundamentals

23. Ighathat al-Lahfan fi Hukm Taldq al-Ghadban. 24. Hukm Tank al-Salat. 25. Hukm Ighmam Hiläl Ramadan. 26. Raf al-Yadaynfi'l-Salat. 27. Al-Ijtihad wa'l-Taglid. 28. Al-I`lam bi Ittisa` Turuq al-Abkam. 29. Al-TaYiq äla'l-Abkam. 30. Tafdil al-Rajul Ii ba`di Waladihi fz'l-Nihal, Hukm Tafdil ba`d al--Awlad äld ba `dfz'l- Atiyya. 31.Al-Hämil hat Tahi4?

39 32. Talaq al-Hä 74. 33.Al-Fatdwä. 34" Kashf al-Ghitd' inda Hukm Sama`al-Ghina : 35"Nikdh al-Muhrim.

Spiritual, Ethical and Moral Cultivation 36.Ighathat al-Lah? jfan min Masdid al-Shaytdn. 37. Tuhfat al-Mawdüd bi Ahkdm al-Mawlüd. 38. Al-jawdb al-Kdfz Ii man Saäla an al-Dawd al-Shäfi. 39. Rawdat al-Muhibbin wa Nuzbat al-Mushtagin. 40. Tariq al-Hijratayn wa Bdb al-Saädatayn. 41.7ddat al-Sabirin wa Dhakhirat al-Shdkirin. bayna 42. Maddrij al-Shcikinfi Manazil al-Sdirin Mandzil Iyyaka Na `budu wa Iyyaka Nastain. 43"Al-Tahbir fima Yahillu wa Yahrumu min Libas al-Ilarir. bi Jiwdri Rabb 44. Tuhfatal-Ndzilin al-Älamin.

45. Hurmat al-Samd :

46. Rabi`al-Abrdrfz'l-Salat äla'l-Nabi al-Mukhtdr. 47. Al-Sabr wa'l-Sukn. Mundzarat 48. Al-Farq baynaKhulla wa'l-Mahabba wa al-Khalil Ii Qawmih. 49. Al-Ma wrid al-Safi wall-.?711 al- Wafi. 50. Igtiäd' al-Dhikr bi Husül al-Khayr wa Daf al-Shar. 51.Dawa' al-Qulüb. 52.Zad al-Musdfzrin ild Manazil al-Su`add fi Hadyi Khatam al-Anbiyd : 53" Aqd Muhkam al-Ahibbd' bayna'l--Kalimal- Tayyib wa'l-Amal al-S,71* al-Marfü ` ilä Rabb al- Samd:

54" Qurrat `Uyün al-Muhibbin wa Rawdat Qulüb al-Ärifin. 55"Al Aalim al-Tayyib wa'l-Amal al-Shcih. 56. Nür al-Mu min wa Haydtuh.

40 The Qur'an and its Sciences

57. Amthdl al-Qur'an. 58.Al-Tibyan fi Agsdm al- Qurän. 59. Al-Risdla al-Tabükiyya. 6o. Al-Risäla al-Shaflyafi Ahkdm al-Mu äwwidhatayn. 61.Al-Ijdz fi'l-Majaz.

6z. Usülal-Tafiir. 63. Al-Tuhfa al-Makkiya. 64. Rafal-Tanzil.

65.Sharh Asma' al-Kitdb al- Aziz. The Sun.na and its Related Sciences 66. Tahdhib Mukhtasar Sunan Abu Dawüd.

67. Al-Manor al-Munif fi'l-Tamyiz bayna'l-Sahibwa'l-Da if. 68. Al Jami ` bayn'l-Sunan wa'l-14thdr. 69. jak' al-Afhamfi'1-Salat wa'l-Saldm äla Khayr al-Anam. 70. Al-Sunna wa'l-Bid`a. 71. Fawaid fi'l-Kahm äla Hadith al-Ghumama wa Hadith al-Ghazala wa'l Dabb wa ghayrih.

Enryclopaed.iac Works

72. Zdd al-Ma `ddf7 Hadyi Khayr al-7bad. 73. Badd i` al-Fawd id. 74. A`ldm al-Muwaggi in.

Medicine and Contemporary Sciences

75. Butldn al-Kimyd min Arba in Wajh. 76. Tibb al-Qulüb. 77. Al-Td ün.

Language, Grammar and Linguistgics 78. Ma an: ali4dawat wa'l-Ahraf. 79. Al-nfiya al-shdfiya fi'l-Nahw.

41 8o. Al-Amäni al-Makkiyya. 8i. Al-Fath al-Makki.

Books on General Topics 8z. Fadl al-7lm wa Ahlihi. 83.Asmd'Mu ällifdt Ibn Taymiyya.

84. Baydn al-Istidläl `alaButldn Ishtirdt Wal al-Sibdq wa'l-Nidnl. 85. Tafdil Makka äla'l-Madina. 86. Al-Hdwi.

87. Al-Risdla al-Halabiyyafi'l-Tariga al-Muhammadiyya. 88. Risaldt Ibn al-Qayyim ila *ad Ikhwdnih. 89. Al-Furüsiyya.

9o. Al-Furüsiyya al-Shar`iyya. 9i. Al-Fawd id. 9a. Al-Masd il al-Tardbulsiyya. 93. al-Nabi SallaAllah Alayhi wa Sallam. 94. Al-Mahdi. 95.Al-Muhadhab. 96. Naqd al-Manqül wa'l-Mahk al-Mumayyaz bayna'l-Magbül wa'l-Mardüd. 97. AI--Lamhafi'l-Radd äla Ibn Talha.

An indepth awarenessof IQJ's life, learning and influences will allows one to better under- stand his writings and the background that they were set in, hence I have dwealt upon his life and scholarshipin some detail.

42 ENDNOTES TO CHAPTER z

Books ,. that include a biography of Ibn Qayyim al-Jawziyya: al-Safadi (d.764AH); al--Wdfzbi al-Wafiyyat, vol. z, pp. 170-172. al-I;Iusayni (d. 765); Dhayl al-7bar, vol.,5p. z8z. Ibn Kathir (d.774); al-Bidaya wa'1-Nihaya, vol. 14, p.234- Ibn Räfi' (d.774); al-Wafiyyat, vol. z, pp. 6-7. Ibn Rajab (d.795); Dhayl Tabaqat al-Hanabila, vo1.2,p. 447. Ibn Nasir al-Din (d. 842); al-Radd al-Wafir, p. 68. Al-Magrizi (d. 845), al-Sulük li Ma'rifatDuwal al Mulük, vol. z, P-834- Ibn Hajr (d. 85z); al-Durar al-Kamin, vol. 3, P-4- Ibn Taghri Bard! (d. 874); al-Nu,liem al-Zahira, vol. io, p.249" al-Bigäi (d. 885); Sirr al-Rüh, intro. al-Sakhäwi (d. 9o2); al-Daw' al-Ldmi ; vol. i, p.422. al-Suyuti (d. 9ii); Bughyat al-Wu'a, vol. 1, p. 62. al-Nu'aymi (d.927); Tanbih al-Talib, vol. 2, p.90. al-Däwüdi (d. 945); Tabagat al-Mufassirin, vol. z, p.91. Täsqqabandi Zäda (d. 968); Mifta,h al-Sa'ada, vol. i, p. 12o. Ibn al-Hüwärni (d. iooo); Ziyadat al-Sham, p. 7i. Ibn al-'Imäd (d. io89); Shadharatal-Dhahab, vol. 6, p. 168. al-Shawkani (d., 25o), al-Badr al-Tali ; vol. z, p.i43. (d. al-Qanüji 13o7); Abjad al-'Ulüm, vol. 3, p. 142; al-Täj al-Mukallal, p. 416. al-'Alüsi (d. 1317);Jala al-Aynayn, p. i9. Ibn 'Isa (d. 1329);Sharh Nicniyyat Ibn al-Qayyim, intro. al-Baghdadi (d. i339); Hadiyyat al-Ärifin, vol. 2, p. 158. 'Abd al-Qädir Ibn Badran (d.1346); Munadmat al Atlal, p.227. 2. al-Waft bi al-Wafzyyat,vol. z, p.z7o. 3. He is Zayn al-Din, al-Durar al-Kümina, vol. 2, p.434- 4. al-Daw' al-Lam ; vol. il, p. 204. (ga)gim), is in 5. Rector one who charge of a matter. See: al-Zubaydi; Taj al-Aras, al-R.äzi; Mukhtar al-Sihah, P-558. 6. al-Bidaya wa 1 Nihaya, vol. 14, P.95. 7. Tabagat al-Hanabila; vol., p.442. 8. al-"a hi a1-Wafzyyat,vol. 3, p. 61. 9. al-Bidaya wa 1 Nihaya, vo1.14,p. 202. , o. Dhayl al-7bar, vol. 5, p. 282. ii. In his Hashiya Radd al-Mukhtar, vol. 2, p.243. 12. In KashafalQina äld Man a1--7gna,vol. z, p. i39- 13.Fatawa al-Subki, vol. 2, P-77- 14. In Tabsirat al-Hukkdm, vol. i, p. 24o. 15.In Tarh al-Tathrib, vo1.4, p. i8z. 16. In Mu7n al-Hukkam, p. 68. IT vol. 2, p. 265. Tabyin 18. al-Haga ig Sharh Kanz al-Daga'iq, vol. 2, p.3. i9. Anwar al-Burüq fz Anwa' al-Furuq, vol.,, p.136. 20. al-Furl"i ; vol.,, p. 465. 21. al-Insaf, vol. i, p. 35- 'Igtirafal-Kabair, 2z. al-Zawajir an vol.,, p. 162.

43 Tuhfat bi 23. al-Muhtaj Sharh al tLlinhaj, vol. z, p. 66; and al-Fatawa al-Fighiyya al-Kubra, vol. 3, P.200- 24- Nihayat al-Muhtaj, vol. i, P-364- KashafalQina 25. äla Matn al-'Igna; vol. i, p. 2o. Ghamz z6. 'Uyün al-Basa'ir, vol. 4, P-59- 27. Sharh Mukhtasar Khalil, vol. 3, p. 163- A al-Fawakih al-Dawani, vol. i, p. 98. 29. al-Baryigatun Mahmüdiyya, vol. 2, p. to6. 30. Subl al-Salam, vol. 2, p. 708. 31. Ghawtha'al-Albab, vol. z, P.576. 32. Futühat al-Wah, ab, vol. 5, p.2. 33"Matalib Ulü al-Nuha, vol. 6, p. 636. 34" In his Hashiya, vol. i, P-303- 35.Nayl al Awtar, vol. 8, p.248. 36. Fat, al-Bari, vol. 2, P-283- 37- al-Haws li'l-Fatawa, vol. 2, P-574- 38- Tabsirat al-Hukkam, vol. 2, p.293 and al-Fatawa al Fighiyya al-Kubra, vol. 3, p.2oo respectively. 39. al-Zajjäj; al Jumal ft l Nahw, p. 96. 40. Shadharatal-Dhahab, vol. 3, p.364. 4t. al-'Ibar, vol..5p. 56 and al-Durar al-Kamina, vol. 3, p.164- 42. Throughout the rest of this dissertation, the name Ibn Qayyim al-Jawziyyawill be abbreviated to IQJ. 43. al-Tarikh al-Islami, vol. 7, P-17- 44. al-Waft bi'1-Wafzyyat,vol. z, p.27o. 39. al-Zajjäj; al Jumal ft l Nahw, p.96. 40. Shadharatal-Dhahab, vo1.3,p. 364. 41. al-'Ibar, vol. 5. p. 56 and al-Durar al-Kamina, vol. 3, p. i64. 42. Throughout the rest of this dissertation, the name Ibn Qayyim al-Jawziyyawill be abbreviated to IQJ. 43" al-Tarikh al-Itlami, vol. 7, P-17- 44. al-Waft bi'l-Wafiyyat, vol. z, p.z7o. 45"Zzd alMaad, vol. 3, P.P. As for al-Shihäb al-'Abir, he is Ahmad ibn 'Abd al-Rahmän al-Näblüsi al-Hanbali. Refer to: Shadhrat al-Dhahab, vol. 5, P-437- 46. Dhayl Tabagat al-Hanabila, vol. z, p.448. 47. al-Bidaya wa'l-Nihaya, vol. 14, p. 202. 48. al-Waft bi'l-Waftyyat, vo1.2, p.270. 49. ibid 50. Tabaqat al-Mufassirin, vol. 2, P.9t. 51.Dhayl Tabagaral-Hanabila, vol. 2, p.448. 52. al-Dhahabi; al-'Ibar, vol. 5, p. 98. 53" Tabagat al-Mufassirin, vol. z, p.91. 54. al-Bidaya wa'l-Nihaya, vol. i4, p. L78. 55. TabaqatallLlufassirin, vol. 2, p.9r. 56. äl--Waft bi'1-Waftyyat,vol. 2, p.27o. 57- ibid 58. Tabagatal-Mufassirin, vol. z, P.9r. 59. Shadharatal-Dhahab, vol. 6, p. 89. 6o. al-Wafl bi'l-Wafzyyat, vol. z, P-270- 61. Tabagatal Mufassirin, vol. 2, P.9t. 62. Shadharatal-Dhahab, vol. 6, p. 89. 63. al-Waft bi'l-Waftyyat, vol. z, p.270.

44 64. ibid 65. Tabagat al-Mufassirin, vol. 2, p. 91. 66. Shadharat al-Dhahab, vol. 6, p. 89. 67. Tabagat al-Mufassirin, vo1.2, p. 91. 68. An Qayyim al Jawziyya Asruhu wa Manhajuhu, PP-31-32- 69. a1-Bidayawa'l-Nihaya, vol. i4, P.95; al-Durar al-Kamina, vol. i, p.472. 70. Shadharatal-Dhahab, vol. 5, P-437- 71. Dhayl Tabagat al-Hanabila, vo1.2,p. 448; Tabagat al-Mufarririn, vol. 2, p.9i. 72. Shadharatal-Dhahab, vol. 6, P-33- Umina, 73. al-Bidaya wa'!-Nihaya, vol. i4, p. 65; al-Durar al-, vol. 4, P-132- 74- Dhayl Tabagat al-Hanabila, vol. 2, p.448; Tabagat al tLlufassirin, vo1.2,P. 9i. 75. al-Wdfl bi'1-Wafiyyät,vol. 2, p.270; al-Durar al-Kamina, vol. 4, p.2i. bi'l-Wafiyyat, 76. Shadharatal-Dhahab, vol. 6, p.48; al-Waft vo1.2, p.70; al-Durar al-Kamina, vo1.3,P-338- 77. Shadharatal-Dhahab, vol. 6, p. 52. 78. al-Waft bi'l-Wafiyyat, vol. 2, P.270- 6, 79- al-Durar al-Kamina, vol. 4, P.74; Shadharatal-Dhahab, vol. p.79. 8o. al-Bidäya wa'1-Nihäya,vol. I}, P-135- 81. al-Waft bi'l-Wafiyyat,vol. 2, p.27o; Shadharatal-Dhahab, vol. 6, p.89. 8z. Shadharatal-Dhahab, vol. 6, P-93- 83-al-Waft bi'l-Wafsyyat,vo1.2, p. 270; Shadharatal-Dhahab,vol. 6, p.1o5. 84. al-Dhahabi,Tadhkirat al-Huf fäz, vol.4, P-1498- 85. Shadharatal-Dhahab, vol. 6, p.93; Jala' al-Aynayn, P-38- 86. al-Durar al-Kamina, vo1.2, p.27; Bughyat al-Wu a, vo1.2, p.149- 87. Shadharatal-Dhahab, vol. 6, p. iSo. 88. al-Durar al-Kamina, vo1.2, p. 396. 89. al-Waft bi'l-Wafiyyat, vol. i, p. 332. 9o. al-Magri; Nafh al-rb, vol. 5, P-754,281. 91. Bughyatal-Wu a, vol. i, p. 21. 92. Shadharatal-Dhahab, vol. 6, p.2oo. 93. ibid 94. al-Wafiyyat, vo1.2, p.6; al-Durar al-Kamina, vol.,, p. 58. 95"al-Durar al-Kamina, vol.,, p. 373; al-Radd al-Wafir, p. 92. 96. al-Durar al-Kamina, vol. 2, p.428; al-Radd al-Wafir, p. 1o6. 97. al-Durar al-Kamina, vol. 4, p.2o; Shadharatal-Dhabab, vol. 6, p. 249. 98. Bughyatal-Wu ä, vo1.1,p. 222; al-Daw' al-Ldmi ; vol. 9, p. 18. 99. al-Badr al-Tali, vo1.2, p.2 go. 1oo. al-Durar al-Kamina, vo1.2, p. 1o8 and vol. 3, p. 191. 101. Ibn Qayyim al Jawziyya; Tuhfatal Mawdüd, p. 138 102. A`lam al Muwaggiin, vol. 4, p. 117. 103.Zad al-Ma`ad, vol. 1, p.50. 104.Rawdat al-Muhibbin, p.273. 1o5.Bakr Abü Zayd; Ibn Qayyim al jawziyya Flayatuhu wa Atharuhu, p.37. 1o6. Ibn Qayyim al-Jawziyya;al-Nüniyya, vol. 2. P-297- 107.Dhayl Tabagata1-Hanabila, vo1.2, p. 449. 1o8.al-Bidaya wa [ Nihäya,vol. 14, p. 2o2. 109. al-Durar al-Kamina, vol. 4, p.22 no. Dhayl Tabagat al-Hanabila, vo1.2, p. 448. in. ibid

45 112. al-Durar al Kamina, vOl-4, p.21. bi i'-WafYyy[1t, 113.al-"a vol. 2, p. 270 114.Bughyat al-Wu a, vol. i, p. 63. Iis. al-Nujüm al-.?:7hira, vo1.1,p. 249. 1i6. Ibn al-Qayyim, P-48- 117-Ibn Qayyim al Jawziyya Flayatuhu wa Atharuhu, P.4; edited. i18. al-Adab fi Bildd al-Sham, p. 12o. 119.al-Bidaya wa l Nihaya, vol. 14, p. 2o2; al-Nujüm al-Zahira, vol. io, p.249" 120.Anwar al-Burüq, vol.!, p. 136. M. al-Durar al-Kdmina vOl-4, P.23 122.Ibn Qayyim alJawziyya, p.33" 123.Ibn Batüta; al-Rihla, p.74" 124. Ibn Jubayr; Rihla, p. 2oo. 125.p. 124. 126. vol. i, P-17- 127-See: al-Daris j'i Tarikh al-Madaris and Munadamat al-Atirl to seehow Damascuswas then in the midst of a rich, scholarly revival; in terms of mosques,schools, libraries, aswell as religious endowments and trusts. 128.Dhayl Tabagatal-Hanabila, vo1.2, p.448. 129.al-Badr al-Tali ; vo1.2,p. i43.. M. Bakr Abü Zayd; Ibn Qayyim al Jawziyya, p.54" 131.A7am al-Muwaggi ýn, vol. 4, p. 177. 132.al-Badr al-Tali', vol. z, p. 143" 133.Ibn Qayyim al Jawziyya, P-4- 134.al-Badr al-Tali', vo1.2,p. 144. 135.al-Bidaya wa'l-Nihäya, vol. l4, p. 202. 136.al-Durar al-Kamina, vOl-4, p. 21. 137.al-Durar al-Kümina, vo1.4, p. 21. 138.al-Bidaya wa'l-Nihaya, vo1.14,p. 2o2. 139.Dhayl Tabagat al-Hanabila, vo1.2, p.448. 140. ibid vol. z, p.449. 141.Ibn Qayyim al Jawziyya Hayatuhu wa fitharuhu, p. 25. 142.Mifta, h Dar al-Sa`ad. a 143.al-Bidaya wa'1-Nihaya,vo1.14, p. 2o2. 144. al-Bidaya wa'1-Nihaya,vol. 14, p. 151. 145.Munadamat Atlal, p. 376. 146. Dhayl Tabagat al-Hanabila, vol. 2, p.449. 147. a1-Bidayawa'l-Nihaya, vo1.14,P-175- 148.Ighathat al-Lahafan, vol. i, p. 83; A'lam al-Muwaggiin, vol. 3, p.41, Z,ad al-Maad, vol. 4, p. 51. 149. Tariq al-Hijratayn, vol.,, p. 9; Sharh QasidaIbn al-Qayyim, vol. i, p. s. 15o.Dhayl Tabagatal-Hanabila, vOl-4, p.448. I51. al-Duran al-jUmina, vol. 4, p. 22. 152.Dhayl Tabagatal-Hanabila, vol. 2, p.449.

46 Chapter three

Hisba Public Duties in Islam

3.1 Hisba in Arabic

3.2 The Nature and Aims of Ijisba

3.3 Al-.?YIa 'ruf and AI Munkar: A i, inguisic Perspective

in 3.4 HisbA Islamic Legal Terminology

3.5 The Institution of Hisba

3.6 The Origin of the office and the duties of the Muhtasib 0

Endnotes Chapter 3. Hisba: Public Duties in Islam

bisba, be Before embarking on any explanations of the concept of it would useful to examine its literal definition and to ascertain the significance of these various connotations on its the- ory, philosophy and practical applications.

3.i Hisba in Arabic Hisba in the phonetic manner is transliterated here using the orthographic sign, kasra,after the (H). ' It is a noun, which is derived from the adverbial noun. al-ihtisäb ;2 meaning one who is

anticipating reward. Al-ihtisäb is a derivation of al-basab,3 which means `computation' or `measurement;' rooted in the verb, basaba;to measure.These derivatives afford some clue as to the nature of bisba; its aims, its theory and the required attributes of the person who is involved in its implementation. This would indicate a technical relationship between the lin- guistic and grammatical meanings,all of which will be mentioned. Dr. Imärn statesthat hisba has four meanings in the Arabic language,4 but having researchedthis word, the writer finds at least six.

i. To Anticipate Reward."5 It is reported in a liadith that the Prophet of Allah said, "Whoever

fasts in Ramadan with belief and anticipating (ihtisdb) reward, Allah shall forgive his past and

future sins."6

ii. To Test.-7 Translation of a traditional saying, "Women perform ihtisäb to discover what men feel for them." This means that they test the men.

48 iii. To Forbid.-8 Translation of a saying "One person has performed ihtissb upon another." In this casehe has forbidden the other person to perform an evil action. iv. To Expect.9 From the Qur'an, `However,the PunishmentofAlläh cameto themfrom where they did not ihtisab' 10Here ihtisäb means to expect. v. To Have ConfidenceIn: " A translation of a saying is, "Some person is not taken as ihtisdb." Meaning that others do not have confidence in him.

"Some is hisba." vi. To Plan: 12A translation of a saying is, person of good meaning that he is foresight. linguistic a good planner; he has The previous meanings, illustrate something of bisba; its aims, and the purpose and characteristics of the work of the one who performs it.

3. z The Nature and Aims of Hisba r. Its Nature: Proofs presentedin the Qur'an and the Sunna indicate that hisba is basedon the principle of enjoining the good and forbidding the evil (al-amr bi'l-ma'ruf wa'l-nahi an al- for benefit humanity His munkar) with which - the of - Allah sent Messengers,revealed His Books and described this nation (umma). The Prophet Muhammad, blessingsand peace be upon him, appearsto have been the first to practice hisba in Islam, this being confirmed by the words of Allah, "Thosewho follow theMessenger, the unletteredProphet, whom theyfind men- tioned in the Torah and the Gospel;he commandsthem with what is right and forbids themfrom what is wrong, hepermits them what is wholesomeand forbids themfrom what is abhorrent.'13

Implementation of Hisba by the Prophet, Blessings and Peace be upon Him. Evidence of the Prophet's implementation of hisba is so copious that the writer has selected the following example to illustrate some relevant areas:

" Affairs of his Household (ahl al-bayt).'4 " Islamic greeting.I5 " Etiquettes of eating.i6 " Etiquettes of walking in the street.17 " Etiquettes of the mosque.I8 * Dress.19 " Personal

49 grooming.20 " Rights of slaves.21 " Worship. 22 0 Creed.23 0 The marketplace.

An example of this last point being: The Prophet, may Allah's peaceand blessingsbe upon him, once passedthrough the market place and once passedby a heap of edible corn being sold in the market place. He thrust his hands into the heap, whereupon his fingers felt some moisture. He then askedthe owner of the corn as to what this was. the owner replied that some of the corn had becomesoaked with rain. At this the Prophet, may Allah's peaceand blessings be upon him, remarked, "Why didn't you place the soakedcorn at the top of the heap so that from it could be seenby people. He who decievesus is not us." 24

Implementation of Hisba by the Rightly-Guided Caliphs Flisba continued after the death of the Prophet and became a defining characteristic of the Rightly Guided Caliphs (al-khulafä al-rashidzn al-mahdiyyzn) who were, Abü Bakr, `Umar, `Uthman and `Ali, may Allah be pleasedwith them all. History bearswitness to their uphold- ing the practice of bisba, acknowledging its importance in the preservation of Islam and its positive contribution to the furtherance of the umma.

i. Aba Bakr al-Siddiq s Implementation of Hisba: Abü Bakr himself carried out ihtisäb against

those who refused to pay the Wealth-Tax (zakäh); those who claimed prophethood; and the for his bisba apostates. History is replete with evidence practice of and his rooting out strife. 25 Similarly, he practised hisba with `Umar b. al-Khattäb, when the latter said to him during the

Apostacy War, "0 Successor to the Messenger of God! Unite the people and treat them with

gentleness." Abü Bakr replied, "Is a titan (jabbar) of the pre-Islamic period (jahiliyya) going to

be a weakling (khawwdr) in Islam? The Revelation has ended and the Religion has been per- fected I let it become deficient "26 He hisba `Umar - am to under me? also practised with when find he conveyed to him the request of the Ansär to a man older than Usäma to lead them in

the army that the Prophet had assembled just before his death. Abü Bakr made for `Umar,

grabbing him by his beard and said, "May your mother be bereaved of you, 0 son of al-

Khattäb! The Prophet appointed him and you order me to dismiss him? " In the same man-

ner, Abü Bakr ordered the expulsion of an effiminate man (mukhannath) from Madina, and

50 he was duly expelled-27 ii. `Umar b. al-Khattäb's Implementation of Ijisba: `Umar b. al-Khattäb attached so much importance to the matter of hisba that some thought that he was the first to practise it in Islam.28 Al-Tabari reports, "He was the first to carry a staff and to strike with it, "29 either to teach,3° or to instil discipline. 31Ibn Abi Shayba mentions an incident that `Awf ibn Mälik came to `Umar wearing a gold ring, whereupon `Umar struck him on his hand with a staff.32 his In another incident, `Umar struck a man who had overloaded animal, asserting,"You have over-burdenedyour beast."33 Such was the vital importance attached to hisba by `Umar, that he continued practising it, even on his deathbed. Present,was a young man whose lower gar- ment (iz,V) was trailing on the ground. `Umar addressedhim, "0 son of my brother, raise-up front your garment. That is better for your garment and more pious in of your Lord. "34 `Umar would also implement hisba on those who would arrive late for the Friday prayer, saying, "What time is this?"35

iii. `Uthman b. Affan's Implementation of Hisba: `Uthmän implemented hisba in a variety of b. b. areas, one example being his ihtisäb of Muhammad Ja`far Aba Tälib for wearing clothes

dyed with safflower (`usficr).36 Similarly, there is his ihtisäb of women who went out on the

lesser pilgrimage (umra) and the Pilgrimage (hajj) whilst in their period of 'idda, these he

would send back. 37 During that era, pigeon racing became popular; however, this preoccupa-

tion kept people from their religious duties amd as it involved climbing onto the roofs of hous-

es, the sport also violated the privacy of others. `Uthmän ordered the slaughter of all pigeons

used for this purpose in order to protect the religion and safeguard people's privacy. 38

iv. Ali b. Abi! Tdlib's Implementation of Hisba: Ah was greatly concerned with the matter of

bisba. He would walk around the marketplace carrying a staff, commanding the people to fear

Allah and to conduct their business honestly, advising them to keep their weights and meas-

ures precisely.39 He would say, "Sell your goods but do not swear oaths, for oaths make a trans- blessings. action dubious and nullify its " Once, some date sellers came and `Ali noticed a maid- her, "What servant crying. He. asked makes you cry?" She replied, "A man sold me some dates bade for a dirham, and my master me to return them, but the man refuses to take them back. "

SI So `Ali said to him, "Take back your dates and give her a dirham, for she has no say in the matter." The man consequently returned her money.4° He would also pass through the streetscalling out, "To prayer! To prayer!", consolidating the importance of prayer in Islam. He would also take it upon himself to wake people for the Dawn Prayer. `Ali had the habit of examining those who wished to speak in public, in an attempt to prevent unsuitable people from doing so. He once saw al-Hasan al-Basri preaching to the people and so decided to test him, asking, "What is the pillar of the Religion?" Al-Ii iasan replied, "Piety. " He then asked, "What is its ruin?" He replied, "Greed." Then `Ali said, "Speaknow, if you wish. " Ibn Kathir relates `Ali's ibtisdb to a man of unbecoming appearancewho was standing outside the mosque. He said to him, "Raise up your lower garment and cut your hair, if you are a Muslim. "

The Prophet and the Rightly-Guided Caliphs Delegating Others to Fullfil the Duty of His ha

The aforementioned examples demonstrate that the Prophet and the Rightly Guided Caliphs implemented bisba in various spheres of everyday life. They practised it themselves at every level of the definition of the word. This included admonition, advice, censure, threats of cor- poral punishment, implementation of corporal punishment, the taking up of arms, and the changing of an evil with ones own hands. In fact, such was their concern for the matter of hisba that they did not stop even on their deathbeds. Moreover, not satisfied with mere per- sonal implementation of bisba, they also appointed others who were to take responsibility for its application.

i. The Prophet'sDelegation: The Prophet delegated the matter of bisba to a number of his Companions. He appointed Said b. Said b. al-'As to supervisethe marketplace of Makka, 41 alsohis brother Hakm In Said b. al-`Äs.42 `Abd Allah In `Umar was entrusted with the task of dealing with the remaining stocks of wine in Madina, which he disposed of entirely. `Ali wasappointed as mubtasibover idols (which were smashed),graves (which were levelled), and pictures (which were effaced).43

52 ii. Abu Bakr's Delegation:Abü Bakr sent his armies to combat the problems causedby the apos- tates,appointing eleven commanders to lead eleven regiments. Dr Fadl Ilähi Zahir says,"The jihad of Abü Bakr and his companions to severthe roots of apostacyis the essenceof ihtisab; in fact, it is its pinnacle."44 iii. `Umar'sDelegation: Among the most notable examplesof `Umar's delegation of others, is his appointment of `Abd Allah b. `Utbah ibn Masud al-Hudhali, al-Sa'ib b. Yazid, and Sulayman ibn Abu Khaythama to overseethe implementation of bisba in the marketplace at Madina. Al-Hindi said that this is the origin of the practice of delegating the implementation of bisba.45 iv. `Uthmän's Delegation: Not satisfied with simply implementing hisba on his own, `Uthmän from implement having appointed a man Bann Layth to the prohibition of pigeon racing, 46 already ordered the slaughter of racing pigeons. 47 As the popularity of the intoxicant called his its nabidh, increased, he appointed one of companions to oversee prevention. However, as the practice of drinking became more widespread, `Uthmän ordered the flogging of those who he b. were found guilty. Similarly, appointed al-Harith al-'As to oversee the marketplace.

delegated bisba v. Ali's Delegation: `Ali the implementation of to Abu'l-Hayyaj al-Asadi, instructing him, "In truth, I am entrusting you with that which the Prophet entrusted to me: by destroying levelling you must not pass a statue without it, nor a moundrd grave without it. "48

The aforementation incidents illustrate that the nature of bisbais sinonymous with the respon- sibility of all Muslim leaders to perpetuate that ideology which was engendered by the Prophet, may blessingsand peacebe upon him, and his Rightly-Guided Caliphs.

It. Its Aims: Numerous Arabic texts refer to the nature of hisba, yet all scholastic definitions concur that its underlying principle affords a method via which the Muslim can come closer to Allah. This is the foundation of al-ibtisäb as is describedin the Islamic Law. It is a position

53 that is verified by the following hadith: "Whosoeverfasts in Ramadän with belief and ihtisäb, his previoussins will beforgiven. "49The Prophet, may peaceand blessingsbe upon him, also said, "Whoeverperforms night prayer in Ramadan with belief and ihtisäb, his previoussins will befor- given.'5°

As for the aims, they may be divided into two categories:

Firstly: The seekingof reward from Allah for the action of the person who performs hisba.

Secondly:The admonishing of those who do not act in accordancewith Islamic legal rulings and those who display any shortcomings in their adherenceto the laws.

These actions are assessedaccording to the Book of Allah and the Sunna of His Messenger, may Allah's blessingand peacebe upon him, with the intention of emphasisingthat the word and faith of Allah must supercedeall others. To achieve such an aim, one must take into account actions that are concordant with the Islamic Law; enjoining its practice and warning and prohibitting whatever is contrary to it.

ThePre-requisites and Methodologyof onePerforming H'isba:The one performing hisba must be vigilant over other people by interacting with them and having awarenessof their lifestyles, thus enjoining upon them adherenceto the orders and prohibitions of the Islamic Law. This is only achievablewhen the aim and purpose of hisba is fully understood by its implementor. following hisba: The mechanismsare pertinent to one who performs -

a. The ability to assessthe likelihood of an outcome and acting accordingly.

At the first sign of contradictory behaviour, it is the duty of the one performing hisba to inform

the offender and seekfurther information about him in a manner concordant with the princi- ples of the Islamic Law. By doing this he has fulfilled his responsibility of preserving the faith and protecting society. It is incumbent upon him to summon aid from trusted and righteous

54 people who have the experienceto help him perform his duty. Al-Saqati said, "It is for the one performing bisba to appoint helpers whom he trusts, to inform him about undisclosed affairs of traders." 51Al-Shizari adds, "The assistantsto the one performing bisba have to be known for their righteousness,experience, and knowledge; imbuing confidence and trust. "52 b. The Ability to Take One to Account.

Inherent in hisba is the concept of accountability; thus one who has contravened the order and prohibition of the Islamic Law must be taken to account. The preservation of the Islamic legal system is basedupon this premise.

Amongst the derivatives of the word basaba,we find al-basab;a term suggestiveof `pride of the forefathers.'53 We may thus ascertain that bisba also embracesthe concept of pride, this being a further element that dissuadesthe society from social aberration and deviancy.

3.3 Ma `rüf and Munkar: A Linguisic Perspective Concerning the term ma ruf, al-Zajjaj said, "Al-ma ruf is opposite to al-munkar (evil). "54 It

denotes what is desirable in both words and actions. It is also said to be, "A noun embracing being all that is known of obedience to Allah, coming close to Him in action and righteous

towards other people and all that the Islamic Law has proscribed. "55 The author of al-Muyam

al-Wasit referred to ma ruf as, "A term for any action, the good of which is known through the

intellect or the Islamic Law. "56a Al-Sunami stated that ma ruf is, "whatever agrees with the

Qur'an, Sunna and the intellect (aql). "56b IQJ concurs with the aforementioned meanings,

defining ma ruf as, "what intellects know and what instincts affirm as goodness." 57 In Zad al-

Ma ad he defines it as "what sound intellects and uncorrupted instincts know and affirm to be

of goodness and benefit. "58 Ibn al-Athir stated, "ma ruf is a noun which suggests all that is

known for obeying Allah, drawing near to Him in action, and treating others righteously. "59

Al-Sa`di said, "ma ruf is the goodness understood by the Islamic Law and the intellect. "6o

55 Concerning al-munkar: The term munkar is the opposite of ma'ruf and it encompassesevery bad 61 defined situation that the Islamic Law perceives as and prohibited. Al-Fayrüzabädi bad, munkar, "It is all that Islamic Law deems as prohibited, and repugnant. It also pertains 62 "Munkar to any action that sound minds or the Islamic Law prohibits. IQJ stated, is that "63 further defined it "an action which is instinctively abhorred. He as, action that goesagainst instincts be "64 In one's nature and mentality, and that action which one's affirms to wrong. Al-Mawsü a al-Fighiyya al-Kuwaytiyya, it statesabout munkar that it is "a bad action. "65

3.4 Hisba in Islamic Legal Terminology forbidding (munkar) The status of enjoining good (ma rüf) and evil in Islamic legislation developed to preserveMuslim social organisation, bringing prosperity and cohesion, whilst deflecting negativeinfluences. This is apparent in two aspects:

Firstly: the wholenessand completenessthat the Islamic Faith has encompassedin all aspects day haveI Faith for My of life, asAllah, Exalted is He, said, This perfectedyour you, completed 66 favour uponyou, and have chosenIslam as a way of life for you.

The protection and benefits offered by Islam may envelop and profit all believers. The mes- be him, sengerof Allah, may Allah's blessingand peace upon taught, "Truly Allah sendsto this 67 nation at the beginning of eachhundred years one who will reform its Faith. IQJ comments, "Had it not been for Allah's guaranteeto preserveHis Faith, and His guarantee to establish one who will reform and give life to those whom the transgressorshave caused to die, and have revive those ideals that the ignorant have extinguished, then the pillars of Islam would been demolished and its structure would have fallen. However, Allah is One of Favour upon all creation."68

Hence the duty of bisba is founded upon the principle of enjoining good and prohibiting evil in order to protect the Faith. This ethic acts as a safety valve and creates an impenetrable boundary within which Muslim identity and faith may be preserved.The continual admon-

56 ishing of evil as a matter of strict principle will eventually establishenormous social benefits.69 IQJ maintained, "It is not permitted for the people of good to mix with the people of evil without admonishing them, otherwise they would be seenas condoning evil. So we fear the descentof Allah's wrath upon such a group." 7° Allah confirms this, Allah has cursedthose who disbelievedfrom the children of Israel upon the tongueof David and Jesus,son of Mary. This isfor their disobedienceand transgression.They did not forbid the evil actionsof othersand there is no sin moreabhorrent than this.7'

The Messengerof Allah, may Allah's blessingand peacebe upon him, said, "Truly if peoplesee evil and ignore it, then they may all receiveHis punishment.'72 To emphasisethe value of the Qur'anic tenet, the Messenger(may Allah's blessingand peacebe upon him), took the pledge with the people and establishedthe enjoining of good and the forbidding of evil as part of it. In doing so, he created an environment in which every Muslim must strive to fulfill his obli- gations to the society.73

The superiority of this Muslim nation is founded on the establishmentof enjoining good and forbidding evil. Allah verifies this, You are the bestof nations ever raised up for humanity; you

enjoin the good,forbid the evil, and believein AW. 74 Al-Qurtubi said, "So ordering and pro- hibiting are amongst the specific descriptions of the believers."75 Allah said, Believing menand believingwomen are helpersof oneanother, enjoining thegood and forbidding the evil.76 Evidence from the noble Qur'an and the Sunna concerning the theory of enjoining the good and for- bidding the evil and its practical establishment is incontestable. Islamic legal proofs from the Qur'anic versesand prophetic injunctions are the foundation upon which this concept is established,therefore their relationship is inextricably bound. Only through orders and pro- hibitions can human life retain morality and receiveprotection from evil, corruption and mis- guidance.Such laws are specifically pertinent to those whose inherent nature is lessthan right- eous.Legislation is beneficial in the reforming of transgressors,ordering conformity and teach- ing respectfor those in authority. 77

For this reason the Qur'än illustrates the importance of the orders and prohibitions, these

57 being the foundation of Islamic law and the prerequisitesfor a sound Muslim society. Allah said, Let therearise from amongstyou a group of peoplewho encourageall that is positive; enjoin- ing the good andforbidding the evil, thoseare the successfulones. 78

Prior to an examination of the ruling of bisba in Islam, it may be useful to establish whether or not one can differentiate between the concept of enjoining good and forbidding evil and the institution of bisba. Many scholarsplace both concept and institution under one heading, for- making no distinction between the two. However, the ordaining of the proper and the bidding of the improper is incumbent upon every able muslim, thus the responsibility for this is a collective one. It can however becomean individual responsibility when no-one elseunder- for takesit and such a situation would indicate the necessity an objective authority. It may thus forbidding be appropriate to view the enjoining of the good and the of the evil as a general has ruling concept and bisba as a specific institution which the authority of implementation.

from The enjoining of good and forbidding of evil may range obligatory to permissible to pro- hibited. The duty of bisba, is obligatory and there is a specific obligation upon the performer. Enjoining the good and forbidding the evil may be implemented by any Muslim, but hisba, is by head duty of the Sultan which must be discharged by the authority who is appointed the of state. Care must be taken in the explanations of the preceding terms as there are apparent differenceswhich may need further clarification. i. The Ruling of Enjoining the Goodand Forbidding the Evil and Hisba in Islam: The Hanbali scholar, Ibn Badrän helps identify the difference between specific obligation and general obli- gation. General obligation and specific obligation both encompassacts of worship and the aims of bringing benefit. The difference between them is that the aim of general obligation is to achievebenefit, and the aim of specific obligation is upon those individuals performing an act of worship.83 The Qur'än clarifies this; The specific obligation may be defined as an action that brings recurring benefits, e.g. prayer, which is beneficial in the acquisition of humility to Allah. The benefits of worship recur eachtime prayer recurs.As for generalobligation; a result- ant benefit may not recur; for example the saving of a drowning person is an isolated

58 occurence.The next person to enter the seadoes not benefit from the preceding incident. So the obligation of the life-saver is classifiedas general (other examplesbeing the covering of the naked and the feeding of the hungry). IQJ has emphasisedthe fact that the aim of enjoining the good and forbidding the evil entails the actual removal of evil as failure to act properly would result in contradiction. To abandon the performing of enjoining the evil and forbid- ding al-munkar would mean the loss of benefit, especially for those who viewed its imple- mentation as lying within the jurisdiction of someoneelse. In order to receive the benefits of forbidding generalobligation, it is necessaryto actively participate in the of the evil therefore the concept developed into a legislation that could issue specific demands and decreasethe incidence of crime.

One may say that the ruling of enjoining the good and forbidding the evil is an obligation due to of the proofs which we have already presented from the noble Qur'an and the Prophetic Sunna and verified by the consensusof the scholars.However jurists have conflicting opinions

as to the designation of `obligation'. Is the onus on every able Muslim to implement specific be obligation in isolation? Would general obligation compulsory for every Muslim, unless it is implemented by another party? To shed light on thesequestions, it may be useful to men- tion briefly the various thoughts of scholars,the opinion of IQJ and the chosen option in the practical ruling of bisba.

ii) General obligation.

The majority of scholars theorise that enjoining the good and forbidding the evil is a general 86 obligation84;as do the majority of jurists85,al-Mawardi, Abü Ya`lä al-Far-a'87,al-jassas88, In al- `Arabi89,al-Ghazäli90, al-Qurtubi91, al-Nawawi92, al-Suyüti93,al-Shawk5n194, al-Alasi, 95 and others.

iii) Specific obligation

Other scholars theorise that enjoining the good and forbidding the evil is a specific obligation.

59 Amongst these are Ibn Uazm, 96 al-Zajjäj, 97 Ibn Muflih, 98 Ibn Kathir, 99 al-Tilmisäni, ioo Muhammad `Abduh1O1and his student Rashid Ridä'02 and Muhammad Abü Zahra.103 iv) Undefined Obligation

There are those who perceive the necessityof examining specific circumstancesprior to classi- fication. Such scholarsdiffer in their rulings upon enjoining the good and forbidding the evil, taking into account the specific action, circumstance of those appointed, change in circum- forbidding stancesand knowledge of what makesenjoining and obligatory. Further detail may clarify their reasoning.

Jaläl al-Din al-Balgini, al-Athru'i and Ibn Hajr al-Haythami perceived in the words of the lat- ter, "Enjoining the good and forbidding the evil is obligatory in enjoining a compulsory act and forbidding a prohibited act and permissible in enjoining a permissible act and forbidding an improper act. "104 Ibn Muflili stated, "Admonishiment for omitting that which is compul- sory and doing that which is prohibited, is compulsory, whilst ignoring what is permissible "105 and doing what is disliked, is permissible. The aforementioned designed their rulings in dictated accordance with the circumstances which the type of al-ibtisdb. However some schol-

ars differentiated between actions in terms of enjoining and forbidding, dividing this into two

modes of thought. For the compulsory duty, enjoining it is compulsory and for the permis-

sible act, enjoining it is permissible. This concurs with the former view, however in the case

of forbidding, these scholars designated only one definition i. e. all forbidding is compulsory.

This is advised by Abd `Ali al-Jubä'i from the Mu`tazilites ßo6

v) Circumstancesof those appointed.

Here the scholars looked at the circumstances of those appointed for the task of enjoining good and forbidding evil and made their rulings accordingly. If the one appointed is `able' to remove the evil, it is specifically obligatory upon him to do so. IQJ stated, "It becomesa spe- cific obligation upon the one who has the capability."107 Linked to those responsiblefor per-

Go sonal duties, are family members and those responsiblefor public duties such as the duty of hisba, here there is a specific responsibility for al-ibtisdb.108 vi) Change in social circumstances.

`Abd al-`Aziz b. Bdz1°9maintained that when evil predominates and ignorance is rife, as in today's society, then enjoining good and forbidding evil becomesa specific obligation. vii) Knowing when to act.

This occurs when one comes to realize that a good action has been omitted, or an evil act has been committed; in this caseenjoining and forbidding is specifically obligated upon the per- son involved. Al-Nawawi said, "Enjoining the good and forbidding the evil is a general obli- gation. It then may become specific if he is the only person in a position to act.Ilo viii) Summary

From this we see that the ruling for enjoining the good and forbidding the evil has varied between specific obligation in some casesand general obligation in others. Consequently it may be assumedthat there are three scholastic opinions as to the intricacies of enjoining the good and forbidding the evil. a) First schoolof thought.One group of scholarsregarded enjoining the good and forbidding the evil as one of the fundamental actions of Islam, therefore requiring an Islamic legal ruling. Basedon this, they viewed its ruling as a specific obligation.

b) Secondschool of thought.Another group of scholarsregarded enjoining the good and forbid- ding the evil as the major means of preservation and protection of the faith and Muslim soci- ety. So they perceivedit as an action and suggestedthat, if the action is obligatory in doing or obligatory in leaving then hisba is obligatory. If it is permissableto act or not to act, then hisba is permissible.

6z c) Third schoolof thought:In this case,scholars classified the specific obligation entailed enjoin- ing the good and forbidding the evil into two categories:ability, and authority. A third cate- is gory allows general obligation when no other authority present to establish a ruling. Amongst those of this opinion are the Shaykh of Islam Ibn Taymiyya and his student IQJ. They both state, "The matter on which obligation is judged is the ability. So what is obliga- tory for the able person is not obligatory for the unable."III They agreedthat, "This is oblig- it becomes atory upon every able muslim. It is a general obligation and a specific obligation by Sultan. upon the one able when there is no other authority established the state or the Upon him is an obligation which is not upon others."IIZ ix) IQJ's ruling of hisba

falls We ascertain that IQJ perceives bisba as a specific obligation which upon the actor of it. duty linked The duty of bisba is a state appointment and this managerial is to a relevant abil- faith ity and authority, which upholds the preservation of the and enforces social adherence to in favour hisba in Islam the rulings of Islamic Law. The researcher is of this ruling of and by Ibn "A Muslim would like to conclude this section with a clarification al-'Arabi, must first is adhere to two obligations: the obligation the establishing of obedience and the refuting

of disobedience; and the second obligation is to advise others on matters about which they are ignorant. "I13 These tenets encourage the people to obey orders and adhere to the principles of

hisba and thus the Islamic faith, both these being inextricably linked in their essence.

3.5 The Institution of Hisba The multi-faceted nature of hisba has resulted in its inclusion in a diversity of sources.Relevant information is found not only in works pertaining to public morality, but also in those con-

cerned with trade or commercial law. Some offer only general explanation of hisba and the position of the muhtasib, outlining the religious and judicial aspectsof his job. Other works offer a more detailed analysisof the relevant duties within his supervisorycapacity as trustee.

6z i) A General Overview of Hisba.

The more generalised works regarding bisba are very numerous; first appearing in the 5th/iith century, two centuries after the establishment of the office. "4 The two most important books are alAbkam al-Sultaniyya of al-Mawardi and the Ibyd' `Ulüm al-Din of al-Ghazäli. Other works include: - e al-Faslfz'l--Milal of Ibn Ham e al-Risäla fz'l- Hisba by Ibn al-Taymiyya e Nihdya of al-Nuwayri eMu id al-Niam by Ibn Jamä`a al-SubkY eNisdb fi'l-Ihtisab of al-SinamY e Mugaddima of Ibn Khaldün. Ijs

The second category of books is devoted to the practical aspects relevant to the position of

muhtasib, some being treatises expressly intended for his enlightenment. Examples include:

Abkam al-Süq of Yahya b. `Umar and the Zaydi manual. In its broadest sense, hisba is the obli- fight gation of every Muslim to promote good and to evil employing legal intervention "one

must obey the public authority when this exists."116

One school of thought suggeststhat the concept of hisbahas had in practice only an insignif- icant influence and it is difficult to understand under what conditions its theory developed."']

There is disagreement amongst academics as to the origins of bisba as outlined in the `Theory

and the Practice of Market Law in Medieval Islam' by Dr. M. Izzi Dien. One school of thought

promotes the theory that it is rooted in the institution associated with the Hellenistic agora-

nomos. G. E Von Grunebaum considers that mubtasib as an Islamised version of the Roman

agoranomos adopted by Muslims as sdbib al-suq.118 This is disputed by the academics

C1.Cahen and M. Talbi119 who maintain that there is no concrete evidence to support this the-

ory. Foster also maintains that most of the municipal functions of the audile of Rome existed

63 in Greek city life, but according to him, generally one or two of them had been traced as offi- cially entitled agoranomos. There were other officials holding different titles who were respon- be sible for other functions. 120Foster further states that, "it can safely assumed that the word (agoranomos) in that sense ceased to exist with the office by the end of the third century".

Foster assumesthat the word agoranomos does not appear in inscriptions after the fourth cen- tury. 121He maintains that, ithe connection of any functionary called `agoranomos' and the

Islamic muhtasib seems impossible. 122

What must be rememberedhowever, is that the commercial centre of any village or town would also have been the hub of social activity. It would have included the Mosque, school, medical facilities, and so on.

In the writer's opinion, bisba incorporates an all embracing concept of law which influences the whole of Muslim social behaviour and as such, is not restricted to socio-economic factors, but also upholds public morality.

If. one acceptsthat the meaning of `agora' or market place representsmore than simply buy- ing, selling, weights and measuresetc, but actually defines the entire social life of the popu- lace and its human interaction, then one must conclude that bisba encompassesthe whole of human existenceand thus governssocial behaviour.

IQJ in his publication al- Turuq al-Hukmiyya fi'l-Siyasa al-Shar`iyya describes the individual areas of social and institutional life such as the law, the Mosque, worship and business etc. which come under the influence of bisba. The writer wishes to hypothesise that IQJ's theories led him to conclude that bisba involves more than a simplistic domain of compartmentalised

institutions, but embodies a completely holistic doctrine which governs the whole of human

activity.

Dr. M. Izzi Dien in his publication `Theory and the Practice of Market Law in Medieval Islam'

suggestsan alternative definition of hisba. "Ilisba is an administrative supervision applied by

64 an officer appointed by the government. This supervision covers the deeds and actions of indi- viduals in order to harmonise them with the Islamic law. " Ihtisäb can be described as the exe- cution of his' duties of supervision, as sanctioned by the government. There are further defi- nitions of the word bisba in two different editions of EL: the first describing bisba as market law, similar to the Hellenistic agoranomos. It contains a limited interpretation, which is used by those authors who deal with Muslim law. The second maintains that the word bisba is not a Qur'anic term but is defined as the duty of each individual Muslim to promote good and forbid evil, referring to the mubtasib in specific conjunction with the market place.

The term bisba has its origins in the word, `calculation, ' and there is no written evidence to links suggest any alteration to this interpretation, nor to refute its to the demographic spread of Islamic culture. In the Language of Islam, bisba is a religious duty based on the ensuing three tenets:The anticipation of Allah's reward; the denunciation of any indecent acts com- mited by others, and the contemplation of the consequence of an actions. All three are encom- passed in the parlance of Islam. The root of bisba, which is the word hasaba, to calculate, or to take account, indicates the concept that one must be accountable for one's self and actions.

The Qur'än promotes strongly the principle of living within the basic tenets of bisba by cre- ating a community, which adheres to them. The Muslim effect on the institution of hisba has been great; the chief priorities being the promotion of human welfare and prosperity. Muslims regard bisba as a religious institution which fulfills the purpose of Islam. It governs trading and social interaction, both being integral parts of the Sacred Law., which is pivotal to the regula- tion of Muslim life. This centrality of hisba to the practice of Islam is doubtless responsible for its initial establishment and consequent cultural status. Scholars felt compelled to offer trea- tises about both the theoretical and practical aspects of the institution of hisba, thus fulfilling the spiritual needs of worshippers throughout the history of Islam.

Al-Mawardi has defined the institution of bisba as the enforcement of good behaviour when it is not openly practised by the people, and the forbidding of wrong doing when it is com- monly practised123

65 The scholar, al-Shayzäri, acknowledges the contribution of hisba to the betterment of the peo- ple in both their religious life and general well being, emphasising the duty of enjoining the good and forbidding the evil and the improvement of the living conditions of the citizens under the jurisdiction of hisba. The later writings of al-Sanami examine the legal implications hisba, functions: of outlining its two crucial -i) management of the affairs of people, 2) enforce- ment of the revealed law. 124

Haji Khalifah's definition of bisba revealsan opposing school of thought. He questions the validity of the aforementioned scientifically basedtheories, disputing that bisba is founded on specific knowledge.12-5

The jurisdiction of bisba has been interpreted differently by eminent scholars. Al-Mawardi restricts the jurisdiction of bisba to disputes related to weights and measures, fraud in salesand non-payment of debts. lz6 Others, such as Dr. Surti'27 restrict the jurisdiction of bisba as gen- erally related to socio-economic dealings, which, in order to simplify matters may be cate- gorised into six groups. (Although the following topics maybe interchangeable due to the com- plex and mobile nature of the jurisdiction of bisba),

Weights and Measures:

Gold and silver coins.

Sale of consumable food.

Flour mills. Pharmaceutical industries.

Medicine.

Fraud: Prices . The rights of vendor and customer Non payment of debts.

66 Professions Related to Worship:

The callersto prayer. Preachers.

Astronomers.

Judges

Accredited witnesses.

Professions Related to Health and Medicine: Phlebotomists.

Cuppers.

Pharmacists.

Physicians.

Various Other Professions:

Brokers.

Barbers.

Civil governors. Military commanders.

Services : Roads

Public highways

Street lighting.

Hygiene.

Welfare.

Public baths.

Bookshops.

Scribes.

ii) The contribution of Western Scholars to the study of bisba.

67 There are at least two different schools of thought concerning the inherent duties of the muhtasib. First, it must be considered whether or not Muslim law covers both religious and secular matters in relation to the duties of the muhtasib.

This view was presentedby B.R. Fosterwhen he wrote "The muhtasibhad a whole set of other duties that appearuniquely Islamic and which were derived from the claim of Muslim law to regulate every aspectof an individualis public and private life. "128However, becauseof the nature and scopeof Islam, together with the view that Islam doesnot restrict itself to religion but regulatesthe entire life of a believer, the views of R.P. Bookley which encompassa second school of thought must be considered.He regardsthe duties of the muhtasib as purely secu- lar.129 Many difficulties arisewhen trying to reconcile thesetwo opposing schoolsof thought. iii) Origin of the institution of bisba.

With regard to the origin of hisba, there is overwhelming evidence as to its inception. The

Prophet Muhammad (peace and blessings be upon him) in order to enable the people to fol- low Allah's teaching, initiated hisba by entreating the people to behave according to its order in the Qur'an. Muhammad not only taught this, but actually lived his own life according to the Sunna. As mentioned earlier, in order to supervise hisba the Prophet employed Said b.

Said b. al-'As and `Umar b. al-Khattab (after the conquest of Makka) as market inspectors in

Makka and Madina respectively. This is reported by Ibn `Abd al-Barr in his Isti äb. Moreover, following the Prophet Muhammad, peace and blessings be upon him, and the Four Rightly-

Guided Caliphs were reported as having adopted hisba in their state-policy. In the light of this of evidence, it becomes clear that the institution of bisba emerged during the Prophet's life- time. 13° iv) The Development of Hisba

Hisba during the Umayyad period (96H-7r4AD).

During this period the role of the mu&asib evolved from that of market inspector to that of

68 an arbiter, ultimately becoming a profession in its own right. There is evidence of the title of muhtasib being given to the person carrying out the function of market inspection. At that time ziyad Ibn Abih, appointed a mubtasib at the Basra market. Later in (714AD), Al-Walid b. `Abd al-Malik employed Ibn Harmala, as muhtasib at the Madina market. Even later, but still during the Umayyad regime, the rule of muhtasib evolved to a higher status, when this office was conferred on Dawüd b. `Ali b. `Abd Allah. Eventually, when Ibn Hubayra was the ruler of Wäsit (1o3-io6H), the post of market supervisor had become known as wildyat al-süq, an even higher office, which was granted to `Isa b. `Abd al-Rahman, and then to Iyas b.

Mu`awiya. i31 By this time the muhtasib was not only a market supervisor; he also undertook the arbitration of any disputes between employers and their employees.131 Hisba is a term defines duty which the of each muslim citizen to promote righteousness and to defy evil. function Embodied in this concept is the muhtasib whose it is to uphold and apply the rules of hisba.

3.6 The Origin of the Office and the Duties of the Mubtasib. The origin is not clear, as originally neither the word bisba nor Muhtasib were used. The (anvil (säbib he had mubtasib was called al-süq) or al-süq) and two tasks:- controller of the market place and trustee of social order. 133He judged matters of dispute, holding inquiries to ascertain truth, when offences demanded some policing. The mubtasib was primarily con- cerned with obvious and incontestable facts, not responsible for the holding of inquires, but authorised to utilise his authority to intervene when he saw fit, without waiting for a com- plaint. 134In addition to the affairs of the market, it was incumbent upon the muhtasib to supervise the performance of religious obligation, the propriety of the behaviour between the sexesin the street and to the baths, and the application of discriminatory measures against the dhimmis. 13sThe basic and permanent duty of the muhtasib was the administration of the mar- ket place (süq). Specifically having control of weights and measures; a diverse and complex area which lent itself to potential fraudulence. The muhtasib must divine and counteract any dishonesty both which might manifest itself in the manufacture and in the sale of commodi- ties, including the emergence of counterfeit coins. He checked prices, but had no power to fix

69 them. He must also ensure that merchants did not deceivethe customersover the quality or pricing of the merchandise.It was within his jurisdiction to ensure that the traders did not indulge in any operation which was connected to the prohibited practice of usury (riba) and he oversaw the dealings of pharmacists and physicians.

School masterswho were deemedto be excessivelysevere, were warned or consequentlypun- ished under the ruling of the muhtasib,who had ultimate control in his resident locality. It was within his domain to ensure building safety; both construction and repair work must be undertakenso as to avoid danger to the public and the impeding of pedestriansor vehicles.He was also responsiblefor the cleaning of the streetsand maintenanceof the water supply and its regular distribution. Manuals of Hisba.

The manual of hü6a list the principal trades and for each of these they provide the muhtasib with the practical guidance necessaryfor him to assessthe quality of the products and to trace malpractice's or poor workmanship.

Who Appoints the Muhtasib?

The mubtasib was appointed by the state, some times directly, but more often through the governors of the judges. 136

The Character of the Mubtasib.

The major attributes required of the muhtasib were honesty and a detailed understanding of the law. These prerequistes often meant that he was a jurist (faqih). In order to function ade- quately, it was necessaryfor the mubtasib to have an assistant and a good working relationship with a judge and police. He was generally considered as a specialist subordinate of the judge; the status of the latter being rather more esteemed than that of the muhtasib.

70 Penalty Enforcement.

following beating; The mubtasib could generally enforce the punishements: - reprimand; pub- lic humiliation; confiscation of faulty products; banishment of repeated offenders. 137

Muhtasib pre IQJ.

From the Saljukid period in Irano-turkish territory, the office was more usually entitled ihtisab. After the crusades, the Latin east adopted the position in a limited and lay form, which was known as mathessep.138

Muhtasib at the time of IQJ.

At the end of the Middle Ages, the office of mubtasib tended to decline in esteem under the Mamliiks. It was, like other offices, obtained by payment; the purchaser recouping his losses from the merchants by means of illegal taxes.

Mubtasib post IQJ

The mubtasibcontinued to hold swaythrought the greaterpart of the Muslim world until the reforms of the modern period; for example,his existencewas still in evidenceat the beginning of the Zoth century in Morocco and at Bukhärä.

71 ENDNOTES TO CHAPTER 3

,. Ibn Manzilr; Lisän al-Arab, vol. i, p. 63o. 2. Ibn al-Athir; A! -Nihäyal'i Gharib al-Hadith, vol.,, P.38i. 3. Lisän al'Arab, vol.,, p. 63o. 4. Dr. Imärn Muhammad Kamal; Usül al-Hisba f, 'l-Isläm, p.14. 5. ibid. 6. al-Bukhari, Sahib, vol.,, p. 9z, no-38 7. Lisan al-Arab, vol.,, p. 63o; Jar Allah al-Zamakhshari;Asas al-Balagha, p. 83. 8. Lisan al-Arab, vol.,, p. 632- 9. al-Qurtubi; al Jami Ii Abkam al-Qur än, vo1.i8, p. 3. Io. Qur'an, 59:2 I,. alJawhari; Al-Sihah, vol.,, p. uo. 12. Lisän al-Arab, vo1.1, p. 631; Asas al-Balagha, p. 83; al-Qamas al-Muhit, part Ba, section Ha. 13. Qur'an 7: 157 14. al-Bukhari; Sahih, vol.,, p. 84, no.3o; Muslim; Sahih, vo1.3,pp. 1280-1281, no. 1658. 15.Ahmad; al-Musnad, vol.,, p.361, no. z41. 16. Muslim; Sahih, vo1.3,p. 1599,no. 2022. 17.Abü Däwüd, Sunan, 18. al-Musnad, vol.,, PP.192-193, no. 79 19. ibid, vol. 9, PP"93-96, no. 6263. 20. Muslim; Sahih, vo1.3, p. 1755, no. 6263. 21. al-Bukhari; Sahih, vol.,, p. 84, no.3o; Muslim; Sahib, vo1.3,pp. 128o-Iz81, no. 1658. 22. al-Bukhari; Sahih, vol.,, p. 265, no.I26. 23. al-Bukhari; Sahih, vol. 8, p. 15, no. 4287. 24. Muslim; Sahih, vol.,, p-99, no. 1o2. 25. al-Bidäya wa 1 Nihäya, vol. 6, PP.343-355; al-Tabari; Tärikh al-Umam wa'lMulük, vOl-3, PP-247-248;; Jawami'al-Sira, P-340- 26. Al-Tabrizi;Mishkat al-Maräbih,vo1.3, p.1701, no. 6o25.27. 'Abd al-Razzaqal-San'ani; al-Musannaf, vol. 11, p.246, no. 20465. 28. al-Qalqashandi;Subh al A'sha, vol.5, p"452" 29. al-Tabari;Tärikh al-Umam wa'1-Mulak, vo1.4, p. 2o9 and Tärikhal-Khulafa; p. 268. 30.Muslim, Sahih,vol.,, P.573, no-736 P. Refer to: Kanz al-'Ummal, vo1.3,p. 176. 32. Ibn Abi Shayba; al Musannaf, vo1.8, p. 279, no. 5197. 33. al-Khallal; al-Amr bi ! Ma rüf wa'l Nahi 'an al-Munkar, p. 45" 34" al-Bukhari; Sahih, vol. 7, p. 6o, no-5198.35" al-Musnad, vol.,, p. z41, no. 199. 36. ibid, volt, p. 384, no. 517. 37. 'Abd al-Razzag; al-Musannaf, vo1.7, p. 33, no. I2o71. 38. al-Bukhari; al-Adab al-Mufrad, no. 1307. 39. Ibn Sad; al-Tabagät al-Kubra, vo1.3,p. 28. 40. al-Bidäya wa'1-Nihäya, 41. Ibn Hajr; al-Isabafi Tamylz al-Sahäba,vo1.3, p. 97. 4z. Khalifah b. Khayat; Tärikh, no.97. 43" al-Musnad, no. 6165,657. 44. Al-Hisbaf, YAsr al-Nabawi wa Asr al-Khulafa' al-Rashidin, p. 19.

72 45. Kanz al-'Ummal, no.i4467. 46. al-Bidaya wa! Nihaya, vol. 7, p. 214. 47. Possible reasons for this have already preceeded. 48. Muslim; Sahii, vol. 2, p. 666, no. 38. 49" al-Bukhan; Sahib, vol. i, p. 92, no. 38. 5o. al-Bukhari; Sahib, vol. i, P.9z, no. 37. jdab paper catalogued a9 (a1if, tis a). 51.. al-Hisba, manuscript, 5z. Al-Shirazi; Nihayat al-Rutba ji Talab al-Hisba, p. 12. 53"Al-Sihah, vol. i, p. 1o9. 54. Lisdn al-Arab, fz Gharlb 55" al-Zajjaj, al Jumal fi 1 Nahw, vo1.9, p. 39; al-Asbahäni; al tYlufra&t al-Qur'an, P-331- 56a. vol. z, p. 595" 56b. Al-Sunami; Nisab al-Ihtisdb, p.98. 57. Miftdh Dar al-Sa'dda,vol. z, p. 6. 58.Zad al-Ma'ad, vo1.3,p. 16L 59. al-Mawsü a al-Fighiyya al-Kuwaytiyya vol. 6, p.247. 6o. Taysiral-Karim al-Rahmanfi Tafsir Kalam al-Mannan, vol. 1, p.4o6. 61. Lisan al-Arab, vol. 3, P-74- 62. Taj al-Arius; vol. 3, p. 5 63. Madarijal-Salikin, vol. i, p. 37i. 64. Miftah Dar al-Saada, vol. 2, p. 6. 65. vol. 6, p. 247. 66. Qur'an, 5:3 67. Abü Däwi:ld, Sunan 68. Mad'arijal-S'alikin, vo1.3,p-79 69. Its details are referred to in 'The Importance of Hisba," which occurs later in this section. 70. IQJ; Abkam Ahl al-Dhimma, vo1.3,p. 1245" 71. Qur'an, 5:78-79. 72. al-Tirmidhi, Sunan 73. Zjd al-Ma'ad, vol. 3, p.46. 74. Al-Turuq al-Ilukmiyya, edited. 75" al-Qunubi; Jami' al Ahkam, vol. 4, p. 47 76. Qur'an, 9:71 77. Ibn Taymiyya; al-Hisba fs'l-Islam, p.9 78. Qur'an 3: IIo 83.AI--Turuq al-Flukmiyya, edited: 84 Refer to: Ibn Hazm; al-Fasl fz'1-Milal wa'l Ahwa' wa 1 Nihal, vo1.4. p. 171. 85. 'Abd al-Qadir Awda; al-Tashri'al Jinaiyya al-Isldmiyya, vol.,. P-493- 86. alAhkam al-Sulydniyya,p. 24o. 87. alAbkam al-Sultaniyya,p. 284 88. Ahkdm al-Qurän, vol. 2, PP-33-34- 89. Ahkam al-Qur än, vo1.2,p. 122. 9o. Ihyd"Ulam al-Din, vol. z, p.307. 91.al Jami' li Abkam al-Qur'an, vo1.4,p. 165. 9z. SharhSahlh Muslim, vol. z, p.23. 93.al-7k111, p.72 94 Fath al-Qadir, vol. 1, p.337" 95. Rüi al Mai3nl, vol. 3, p.21.

73 96. al-Muhalla, 97. Jawahir al-Ihsdnfi Tafsir al-Qur dn, vol. I, P-297- 98. al-Adab al-Shar`iyya,vol. i, p.i74. 99. Mukhtasar Tafsir Ibn Kathir, vol. i, p. 3o6. ioo. Tuhfat al-Nadhir wa Ghunyat al-Dhdkir, p.4. ioI. ibid. 102. Tafsir al-Mandr, vol. 4, p.26. 103.al-Da wat al-Islam, P-42- 104. al-Quräfi; al Zawajir, vol. z, p., 68. , o5. Ädab al-Shar`iyya,vol.,, p. 194. 1o6. Shark Usül al-Khamsa,p., 46. 107. TH, P.4. io8. Al Mawsa a al-Fighiyya al-Kuwaytiyya, vol. 6, p.248. , 09. He was one of the scholars of this century. See: Ibn Bäz; al-Da`wa ila Allah, p., 6. IIo. Shark Sahib Muslim, vol. 2, p. 23. inn.Al-Hisba fz'l-Islam, p.I2; al-Turuq al-Hukmiyya. 112.ibid 113.*kam al-Qur'an, vol. 2, p., 22 114.Encyclopaedia Islamic, vol. 3, p. 486. 115.ibid 116. ibid vol. 3, P"487" 117.ibid 118.See for example,N. Ziyada; al-Hisba wa'l-Muhtarib fz'1-Islam,p. 31. 1,9. G. E. von Gruebaum, Classical Islam (trans. Katherine Watson), pp. 100-lot. , 20. Encyclopaedia Islamic, vo1.3, p. 487" , 21. Foster, Op. cit, P35- 122. ibid 123.al-Abkam al-Sultaniyya, p. 124. al-Nihayat al-Rutbaha, p. 125.Kashfal-Zunan, p. 126.al-Abkam al-Sultaniyya,PP. 9-, o. 127.M. I. H. I Surty; The Institution of Hisba and its Impact on Health Sciencesfrom the Seventhto the Thirteenth CenturyAD. pp-5-18., 28. Foster;Agronomos, Muhtasib: Journal of the Economicand SocialHistory of the Orient, 13,pp. I22-124. 129.R. P. Bookley; The Muhtasib: Arabica, 39, pp.81-117. 130.al-Hisba fz 1-Islam,Pp. 46-47. 131.Al-Tabari, volz PP.24-25 132. ibid vo17, p. 203 133.See: Encyclopaedia Islamic, vo1.3, P-487- 134. ibid 135.ibid 136.ibid, vo1.3,p. 488 137.ibid 137.ibid

74 Chapter four

Ibn Qayyim al-Jawziyya's perspective on Hisba

4.1 The Author's methodology of Hisba

4.2 Required Characteristics of the Muhtasib

4.3 The Jurisdiction of the Muhtasib

Endnotes Chapter 4. Ibn Qayyimal Jawziyya's Perspective on Hisba

4.1 The Author's Methodology of Hisba The continued development of the theory and format of bisba throughout the history of the Muslim World, has inspired eminent scholarsto examine its relevant facets and most have identified two differing methodologiesregarding the study of bisba:i

The First Methodology:This method examines the fundamental principles of hisba within Shariaand explainsthe foundation ofigh, whilst offering an explanation of the condition and characterof the muhtasib.The role of the muhtasib,his work and extent of power are discussed at length.2 Examples of those who studied this topic are al-Mawardi, Abu Ya`lä al-Farr-a', Ghazäli, IbnTaymiyya, In Khaldun, al-Nuwayri and al-Qalqashandi.

The SecondMethodology: This method is primarily concernedwith economic factors of socie- ty and the practical aspectsof hisba. it dealswith complexities of trading and industry, illus- trating the numerous jobs and professionsrelevant to thesesectors. There are detailed expla- nations of the legislative measuresthat may be enforced to protect both vendor and customer from any discrepanciesand malpractice in the areasof weights and measures,prices, consum- ables and gold and silver coins.3 Amongst the Muslim scholars who have followed this methodology are: Shyirazi, Ibn al-Ukhwa, al-Sunämi and Ibn Bassän.

In his book, al-Turuq al-Hukmiyya IQJ explains that the first methodology encompasses the

basic meanings of bisba in conjunction with the conditions of the muhtasib. He establishes the

75 origin of bisbaand discussesits subject matter whilst explaining the consequences.IQJ's style of writing clearly demonstratesscholastic ability; his application of concisedetail proffering an in-depth analysisof the diversetheories of famous scholarsregarding the subject of bisba.IQJ's skillful application of succinct language omits no relevant detail and is a testimony to his follows: scholarship.His methodology may be highlighted as -

" Main referenceswere the Qur'än, the Sunna, the opinions of the Companions, and the Scholars.

" Providesthe theoretical foundation for hisba.

" Establishes the relationship between bisba and justice.

" Reveals a strong focus on economics.

" The powersand limitations of the mubtasib. z. The Qurdn, the Sunna, the Opinions of the Companions,and the Scholars: The methodology of IQJ, is heavily dependent upon the evidences from the Qur'an, the

Sunna, the opinions of the Companions (sahdba) and the followers (tdbi in). His methodolo- gy was based frequently on the latter and on the works of the Four Imams. He studied the rel- evant opinions, before analysing these and examining the basis upon which they were held.

Subsequently he would either prioritise one theory or give his own opinion based on what he viewed as the stronger evidence. In his discourse on the opinion of the Four Imams, IQJ delves below the superficial; preferring to permeate the initial facade of a subject, identify any hid- den curricular and elucidate upon them. He retains an open mind, never allowing his opin- ions to restrict him to one school of thought even though he himself was I Ianbali, he never allowed his school to effect his opinion. He scrutinises all the various evidences, and either chooses one based on the strongest evidence or forms his own. The reader is exposed to the minutiae of subject meaning, giving credence to the eventual opinion of the author, which is certainly based upon the Qur'an and Sunna and thus intellectually acceptable. The above be methodology can not only clearly seen in his book al-Turuq al-Hukmiyya (TB), but also in many of his other works.

76 2. IQJ TheoryConsolidation and Viewing: IQJ approachesthe subject of hisba from an analytical angle rather than the mere listing of its detailed practical application. We seefrom his book TH, in particular, that he does consoli- date the duty of the muhtasib to hisba and examineshis function and work, unlike the work, Nihayat al-Ihtisäb and Ma älim al-Qurba, who's authors concentrateon the practical element of bisba.

3. Hisba andJustice IQJ links bisba and justice coherently, theorising that the two aspects are inextricably bound.

He perceives the main purpose of hisba as being the establishment of a justice, which must ful- fill the criteria expounded by the Qur'an. 4 The mubtasib can give judgement of bisba upon the people who transgress the law and in cases where obligatory duties have been abandoned.

Therefore, bisba is responsible for the correct legislative procedure being performed by the mubtasib. Islam recognised that a state builds its power upon justice; as a result it is essential for bisba and justice to be interconnected. IQJ perceives the necessity for all departments and ministers in the Islamic state to consider their roles as religious duties. He states that the qual- ities necessaryto constitute a `good' official, include fairness, honesty, knowledge and a dedi- cation to the following of Allah and His Messenger. Such a person is then deemed to be of al-

Abrdr al-Adilin, 5 conversely, one who leans towards ignorance and injustice is considered to 6'7 be of al-Zdlimin al-Mu ätdin. The mubtasib's work is to establish justice between people, justice Allah the of .

4. Strong Focus on Economics:

IQJ has focused on the subject of economics when discussinghisba in TH. The role of the mubtasibis to ensurethat justice prevails in the field of trade, and that oppressionis removed from Islamic society. The areas of economics are complex; the muhtasib being concerned with: - Supervisingthe market, industry and trading; monitoring the money market and false currency;law of supply and demand; supervisionof the method of selling; considering the eco- nomic value of various professions;restricting the market to certain traders; buying of cartels and the negativeimpact on the market; traders joining forces and monopolising the market;

77 monopoly; and pricing. IQJ discusseseach of the above,detailing the associatedimplications. y Powerand Limitation of the Muhtasib IQJ examinesthe power of an appointed muhtasib to passsentence on offenders. This power is a part of the ta`zir thatrthe SacredLaw () grants to a muhtasib.Generally people fear the power of mortal authority more than the commands of the Qur'an. IQJ explains the dif- ferent types of ta`zir, revealing the benefits of their implementation.

In conclusion, the methodology employed by IQJ in his analysisof hisba, affords insight into his social awareness.He displayed a profound knowledge and understanding of Islam, which is reflected in his treatment of social, economic and moral factors and his wish to unify all under the guidanceof Allah.

4.2 Required Characteristics of the Muhtasib Hisba is an integral part of the SacredLaw; forbidding evil and enjoining good. The autho- 8 rised person entitled mubtasib has the power to give orders which should be obeyed by the being There generalpublic - his role the establishmentof justice. are certain criteria that a per- son must meet in order to achievethis position. a. The conditions delineatedby IQJ illustrate that the holder of this office must be of Muslim faith.

IQJ recognised hisba as part of Islamic Law, regulated within the proscriptions of the Sacred

Law. In his book Abkam AN al-Dhimma, he recorded laws which prohibit the Jews and the

Christians from taking positions of authority, above the Muslims, and also from dealing with

Muslim affairs.9 IQJ believed that the delegation of authoritative roles to non-Muslims would contradict the Sacred Law, a fact that should be made known to all Muslims. IQJ says "giving positions of authority is directly linked to protectorate, so giving authority to non-Muslims can be viewed as the forming of friendly relations. Allah has judged that whoever befriends is from faith them amongst them. True cannot be achieved without separation thus such giv-

78 ing of authority is directly opposed the two cannot be reconciled. "10 To support this view he refers to the Qur'än. 11Giving such position to the people of the book, not only offers them preference but also makes them superior to the Muslims. IQJ identified that the issuing of authority must lie within the bounds prescribed by Alläh. 12

IQJ theorisesthat the issuing of non-Muslims with positions of authority is counter produc- tive, eventuallyraising their statusabove that of the Muslim, "we must opposethe kuffur and nevergive honour to them."13 He alsostates, "it is not possibleto haveenmity with the unbe- lievers (kur) while at the sametime offering friendship."14

An Accountable Person (taklif ): 15A person in a position of authority must be able to per-

form his authorised duties and should not make any excuse for relinquishing these unless there

are extenuating factors permitted by the Sacred Law. IQJ obligates the hisba on the authori-

ties, as the Prophet commanded the umma to forbid evil becausethe opposition of evil leads

to good, a creed promoted by Allah and his Messenger.16 IQJ states in his text, that it is a duty

for the umma to oppose evil and only the authorised and accountable person should perform

this duty. Thus accountability is an essential requirement of the muhtasib.

Capability. -This is a condition of bisba. The performance of Sacred Law can vary according

to knowledge and ability. 17A person who has capability must encourage good and forbid evil,

both practically and verbally, this being mandated by the hisba.i8 The prophet Muhammad,

may blessings and peace be upon him, observes in his narration, "He who seesevil must change

it with his hands. If he is unable to do so then he should speak out against it; however if this is also

not possible, then he should at least disapprove of it in his heart, but this is the weakestform of faith. '-19This hadith indicates that the work, performed by the muhtasib, varies according to

the knowledge and abilities of those who are legally capable to carry out the task. The person

in authority has greater power than those who are less knowledgeable or even illiterate.

IQJ concluded, that the performing of hisba is the duty of each capable Muslim, "enjoining forbidding good and evil is obligatory upon every capable Muslim if the authorities are inef-

79 fective in that."20 Therefore, it is obligatory for the person who is in the position of the mubtasibto perform his work and specialitieswith the expresspurpose of protecting the ethi- cal foundations upon which the state has been built. ConverselyIQJ statesthat if a capable persondoes not enjoin good and forbid evil then he is at fault, "There are many who believe in Allah but at the sametime abandon their duties. Such personshave the capability to per- form theseacts, yet decide to leave alone that which does not concern them, wrongly assum- ing that such lack of concern may pleaseAllah. " -'

An Implementor ofJustice: IQJ acknowledged the necessity of a state legislative system, whilst is admitting the fallibility of human kind. In general, no one perfect so we try to choose the lesserof the two evils.22 However, the person in authority must be able to identify, order and protect the people from harm. IQJ maintains the importance of the consultation of `good' advisors, reminding the people that Allah will only support those who do good, particularly the governors who are performing good and forbidding evil. 23Hence, he views justice as a fun- damental part of the authority, which upholds the state. He pointed out that the whole infra- structure of the country could be easily demolished if authority were unjust. To neglect this fundamental duty would engender dissolution and the eventual rise of evil. A misguided selec- tion of authority may lead to poor implementation of the law and subsequently the system and the rights of the people would be damaged. So it is of paramount importance to find the best person for the position of authority. IQJ maintains that despite efforts to fulfil this goal,

malevolent forces may still be in evidence. He sees the solution as an adherence to patience and the continuation of striving, even in difficult conditions. Social cohesion can be retained

if all uphold the policies of good. Disintegration of the legal system would effect the whole

state adversely.

b. The Manners of the Mubtasib as Defined by IQJ

The muhtasib should be well mannered and possessthe correct etiquettes, thereby being an

example to others. He should work for the Islamic State and must display the following attrib- utes;

80 i) Sincerity of intention (ikhli4).

IQJ deemed it necessary for the mubtasib to uphold absolutely the divine intentions of

Alläh; 24 any lack of sincerity on his part would result in withdrawal of holy guidance. Such insincerity of intention would prevent the muhtasib from fulfilling the essential principle of hisba i. e., the enjoining of good and the forbidding of evil. IQJ placed great importance upon intention and is quoted as saying it can be said that intention is the skeletal frame upon which the body is built. 25

z) Gentleness (rifq).

When kindness is an integral factor of action, then the latter will have a positive effect. Without gentlenessthe consequencesof words and actions may be negativeand the muhtasib would be in dangerof losing his credibility amongst the people.Kind and gentle law enforce- ment on the part of the muhtasib is more likely to engender obedience.Allah says in the Qur'an, Hold to forgiveness;command what is right (`ur9, but turn awayfrom the ignorant.26 IQJ commentson this verse:"The order with Urf (is known by the saneand innate person). If the muhtasib is to enjoin that which is good, he must order with kindness, not with any harshnessor vehemence."27 `Umar b. `Abd al-`Aziz would speak to the people on Friday "surely beloved is kindnessin Whenever prayersand say , one of the most qualities the state. someoneis kind to another, Allah will be kind to him on the day of judgement."28

3) Patient Perseverence(sabr). This is an important requirement for the mubtasib who may be vulnerable in his capacity as an enjoiner of good and forbidder of evil. He must display a patient attitude if he is to influ- ence those transgressors who threaten social stability. Impatience can cloud judgement and result in irrational actions or decision making. The mubtasib should have the ability to con- sider all matters calmly thus avoiding potentially malicious confrontations which would

impede the thorough investigation of cases. IQJ maintains that when contemplating both

major and minor tribulations in Islamic history, we find that the primary cause of the prob- lems is the absence of patience. 29

8i 4) Self-awarenessand Self-discipline The muhtasibmust act in accordancewith his own words, as this will generate trust, confi- denceand respectfrom the public. He must abide strictly to principle, as any hint of `double leader. has standards'would damagehis credibility as a good IQJ stated that it is not enough to order that which is right if the mubtasib is not the first to follow this particular rule him- his self. When he acts accordingly, the generalpublic will readily accept orders.3° Only when his work be by the by Allah. the mubtasibsets 7" an appropriate!'. 1V! example7 will accepted people and Tl T" , ."1

4.3 The Jurisdiction of the Muhtasib The Definition of Ta'zir (Discretionary Punishment): Unlike the fixed punishments (hudua), budicd ta`zir contains a much less specific definition. The offences of are prescribed by Allah; is discretionary revealed both in the Qur'an and the Sunna. Ta`zir a punishment and as such offers some flexibility in its practice.

Etymologically, to zir is derived from the verb azar, which means to prevent, to respect and to be reform; it can be defined as a method of reform. 31Scholars agree that to zir may applicable hadd (singular form hudüd). be to acts of disobedience that do not belong to of It may applied duties for example to punish those who have ignored their Islamic i. e. the abandoning of prayer or the engaging in forbidden acts; with the aim of encouraging offenders to return to their duties. 32

Implementation of Ta`zir. The nature of crime is so complex and diverse that scholars, includ- ing IQJ, perceiveno minimum punishment for the lowest ta`zir.33 Offences are varied in char- by factors acter and influenced a number of external - impact, time, place etc. IQJ maintains that the amount of ta`zir should be varied according to circumstance,whilst still enforcing its main objectivesof prevention, deterrenceand reform. Implementation is incumbent upon the judges and the mubtasiband due to the discretionary nature of to'zir, these relevant authori- ties must possessthe attributes detailed earlier. IQJ statedthat the amount of ta`zir can not be pre-determined,but must be justified in accordancewith the type and sizeof the crime.34 Not

82 only must the relevant authority determine the actual punishment, but it has the traditional right to determine from the outset whether an act is criminal or not. "Transgressionscannot be foreseen;hence this right has been granted to the ruler or judge to meet the needsof the societyand protect it againstevery kind of transgression."35

following The discretionarynature of ta'zir is evident in the examples:-

`Umar b. al-Khattäb ordered 4o extra lashes for an offender who drank alcohol, and was enforced becausehe saw the situation as necessitating this. 36 On another occasion he shaved the head of a man who was trying to seduce women. 37 IQJ has examined the opinion of the scholars concerning the highest ta'zir. The first opinion is that ta`zirshould not exceed io lash- level es.38 The second is that ta`zirshould not reach the minimum of punishment set in Islamic

Law. 39 The third opinion states that under a similar category of offence the amount of ta`zir should not reach the level of the actual hadd, or prescribed punishment. 4° For example pun- ishment for an unmarried man and woman found kissing should not reach the level of the punishment given for illicit sexual relations (zina).

To conclude,the amount of ta`zir must be determined according to public interest, aswell as to the types of crime. IQJ maintained that ta'zir must be authorised by the muhtasib; to improve public interest and halt the spreadof evil.4r

Types of Ta`zir: We know from the previous chapter that the mubtasib has the power to imple- ment taziir and that it can reach the highest level without restriction. However the punish- ment should suit the type of crime and it can be applied in the form of a non-physical pun- ishment; financial penalty or physical punishment, as long as it is in the interest of protecting the public. The mubtasib should have the choice to apply any of the methods in order to achieve public safety and to prevent criminality. IQJ classified ta'zir into the following three categories: o Non-physical punishment

83 " Financial Penalty (or confiscation of assets) " PhysicalPunishment

Because the sentence of ta'zir varies according to the nature of the crime, scholars gave the

mubtasib the power to implement legal actions which may range from mild to severe, the pun-

ishments reflecting the type of offence and its impact upon society.

Non-Physical Punishment

This type of ta`zir is implemented with the intention of rehabilitating the offender and offer- be ing opportunity for reform. This, the mildest of punishments, may applied to a variety of his duty. It is left offences where the culprit has misbehaved or ignored to the discretion of the be mubtasib to decide which of the following would an appropriate course of action:

i) Reproof.

This method is usedby the mubtasibto discourageirresponsible behaviour and to rehabilitate b. certain groups of people who are generally sound membersof society. For example Umar b. `Affän he al-Khattäb used this form of punishment to give a reminder to `Uthmän when do "42 IQJ arrived late for the Friday (jumu ä) Prayer, by saying "What time you think this is? maintains that verbal reproof is a form of ta`zir.43

ii) Verbal Caution:

The muhtasib generally used this method for first time offenders. He can summon the offend-

er, give advice, and also threaten to use more severe methods of punishment if re-offence

occurs.44 For example Umar b. al-Khattäb gave a verbal caution and threatened to use capital

punishment upon a poet if he continued to write erotic poetry. 45

iii) Social Boycott:

The mubtasibcan use this method on repeat offenders who continue to commit the crime despiteprevious reminders or cautions. He may passa sentenceof social boycott, warning the public to stay away from the offender until he refrains from his acts. This method has been

84 approvedby the SacredLaw. For example, the Prophet punished three Companions who did not go on the Tabak expedition.46 IQJ stated that the Prophet used this method of punish- ment to admonish those committing minor offences.47 iv) Public humiliation:

This may be employed by the muhtasib to punish offenders who commit more serious crimes.

Public humiliation may encourage a return to good citizenship; `Umar b. al-Khattäb used this ta'zir for offenders who gave false testimony. This serious offence once warranted the tying of the perpetrator to a donkey and the parading of him in public with a blackened face.48

2: The Financial penalty In the past, jurists from opposing schools of thought have disputed the legality of the finan- cial penalty as a ta'zir punishment, claiming that its initial conception at the beginning of

Islam, was later abrogated. Ibn Taymiyya, and subsequently his pupil IQJ, strongly contested this opinion, maintaining that there was evidence from the actions and decisions of both the

Prophet and his companions. To substantiate the claim, IQJ added, "These are well-known caseswhich have been accurately reported. Those who claim that financial punishment was abrogated are wrong. Their view may be refuted by the casesascribed to great Companions of the Prophet. Neither the Qur'än nor the Sunna can help them in supporting their claim, nor is there any consensus about it. Even if there were a consensus, it would have no power to Sunna "49 abrogate the ...

According to the evidence of IQJ, Islamic Law does condone the elements of financial penal- ty; both `fine' and `seizure' of property.

Having IQJ's TH, it is break down examined work, possible to this ta`zir into 6 categories:- i) Breakage

has break The mubtasib the jurisdiction to and destroy any forbidden assets that he sees fit. The be him, story of Abraham, peace upon as told by Alläh, s° details the breaking of false stat-

85 ues into tiny fragments and IQJ presents this as evidence of the justification of such punish- ment. 51The Prophet condoned the breaking of all clay vesselsthat were used for the preserv- destroy forbidden. ing of alcohol, 52this to zir being employed to the The Messengers of Allah forbidden; pursued the objectives of rooting-out and obliterating the The Prophet maintain- ing that Allah ordered the breaking of musical instruments, statues and crosses.53 Similarly, the prophets were also united upon destroying the same evil. The Sahabas also implemented this bin break type of to zir e.g. Abü `Ubaydah requested that Anas Mälik all alcohol jars when alcohol had been forbidden. 54

IQJ cites the following as fi.uther evidenceof the permissibility of this ta`zir.- The implementation of ta'zir by Imam Alimad b. I ianbal, Abü Yüsuf, Muhammad b. al- Masan and Ishaq b. Rahawayah also other groups (ahl al-hadith). Judge Shurayh was approachedby a man who desiredfinancial recompensefor the breaking of his lure. The judge refusedcompensation on the grounds that the instrument was forbidden anyway.55

Imam Ahmed was once askedfor his opinion on the breakingof Lutes and Lures. His response wasan affirmation of its justification, he also gavepermission for stale bread to be broken up and discarded.56 We may conclude that the author approved this type of punishment, deem- ing it to be a beneficial practice within the Islamic legal system.$7 ii) Destruction

The aim of this punishment, again implemented by the mubtasib, is the destruction of for- bidden objects. Any statues and pictures that are not permissible to the Islamic faith are unac- ceptable and thus subject to destruction. Imam Ali gave permission for this ta`zir in order to deter evil work. He told Abu'l-Hayäj al-Asdi that the Prophet had sent him to destroy false statues and to level raised graves.58IQJ alludes to the Prophet's own use of this punishment; eg. demolishing the Qirdr Mosque (erected to divide Muslims) in order to retain Islamic unity. 59

The mubtasib has the power to destroy the clothes of women whom he views as potential

86 seductresses,blackening their facesto prevent them from appearingin public. IQJ views this ta`zir as the minimal form of financial penalty and explainsthat it can also be used in the case 6o of literature that is deemedindecent. Unsuitable books are thosewhich threaten the morals and ethics of Islamic society and as such are damaging to the structure and therefore warrant destruction.61

iii) Tearing / Splitting.

The mubtasibmay employ this ta`zir upon tearableitems that contravenewhat is permissible. Clothes, cloth, paper pictures etc. are all subject to tearing if they are inappropriate to Islamic morality. The Prophet split a gourd containing alcohol and ordered `Abd Allah b. `Umar to find any more such objects in the market place and to eradicatethem in a similar manner.62 `Umar b. al-Khattab used this to zir on finding a silk shirt on the back of `Abd al-Rahman b. `Awls son. Silk is a prohibited material and even children may be punished if their clothing is unacceptable. iv) Throwing out / discarding. This ta`zir is used by the mubtasib to deter the offender. The Prophet once ordered a man to throw away his gold ring63 and in another case, he ordered a woman to release her camel becauseshe had cursed it. 64 Umar b. al-Khattäb discarded milk that had been watered down by the vendor. IQJ recorded an incident when Imäm Ahmad was asked his opinion on the practice of chess playing. He disputed its permissibility and condoned the throwing away of the chess set when the players refused to detest. 65

v) Confiscation

This form of ta'zir could be utilised by the muhtasib to punish those who refused to carry out their duties. It was primarily implemented to deal with those groups of people who did not pay the zakat. The Prophet confiscated half of the wealth of those who refused to pay the 66 zakdh. IQJ mentioned of the Mäliki school of thoughtis words in allowing this form of punishment to confiscate all of the wealth of a fraudster.

87 vi) Double penalty The mubtasib is empowered to enforce a double penalty at his own discretion. IQJ offers evi- dence of this to zir being practised by the Prophet and maintains that all six categories of

`Financial Punishment' can be justified in this way. The Prophet issued a double penalty on a man who had stolen an item. Rather than demanding the hadd punishment of sariga; the cut- ting off of the hand, he gave a double penalty; feeling that the severity of the crime only war- ranted to zir. 67 The Prophet also issued a double penalty to a person who kept an item belong- 69 ing to another68 and also to a man who had failed to pay the zakat. IQJ concluded that the mubtasib has the right to enforce the various types of financial punishment on any offender who disobeys Islamic law. He has justified this ta`zir, with evidence from the practices of the

Prophet (peace be upon him), the Rightly-Guided Caliphs and others of the Companions 7°

Its objectives are the restraint and deterral of offenders in order to procure overall social equi- librium.

3. PhysicalPunishment. The mubtasib may apply this penalty to any adult offender whose misdemeanourswarrant someseverity. This ta`zir is a physical deterrent which manifestsitself in two forms.

a) ta'zir causingbodily harm. i) The death penalty (ta`zir bill-gatO. ii) Flogging. (al jala).

iii) Shavingof the head. b) ta`zir restricting personal freedom. i) imprisonment (babs).

ii) Exile from the country of origin/ banishment. (al-nafi) iii) Expulsion form the Market Place/The banning of Trade. (al-card)

death bill-gatl ia. ) The penalty (ta`zir can only be enforced by judges and others who have the The required authority. mubtasib may carry out the sentence, but IQJ states that he should be not given the authority to pass sentence.71 Imposed upon the most serious of crimes, this

88 penalty raises conflicting opinion between jurists, who are often opposed to its implementa- tion as a ta'zir punishment. However, if it is impossible to protect others from a repeated offender who is undeterred by other forms of ta`zir and it is the only remaining solution to safeguard the welfare of the local and surrounding communities, then Islamic Law sanctions this system of control. The Maliki school states that the death penalty is permissible in certain casese. g.: -

for - Spying the enemy. heretical doctrines - The propagation of in - Engaging practices that serve to split the community is by - Habitual wickednessthat not prevented other measures. IQJ revealsin TH that, the Shafi`i and Hanbali schoolsallow the death penalty to be imposed in the samecases for which it is allowed by the Malikis. Imam Abü IIanifa, however, con- doned the death penalty for the following cases:-

homosexuality. - Habitual - The murderer on whom qisas(the punishment for homicide and injuries) cannot be imposed habitual being by - The theft of the samemans goods, the offender not prevented other pun- ishments.

IQJ suggeststhat the following evidence justifies the existence of this penalty.

Sahib Prophet if homage being - In the collection the recommended, was paid to two caliphs, the execution of the second of them. disunite - The prophet stated that whosoevershould attempt to the Islamic nation, may have his neck smitten by a sword.

- The Prophet also ordered the execution of one who revealedhimself to be a continual liar. - The Prophet ordered the death penalty for any man who married his stepmother. - The Prophet permitted the execution of anyone who continually imbibed alcohol. He must have four prior warnings and if thesefailed to reform the offender, then the sentenceshould

89 be implemented.

It may be concluded that any offencesrelating to overt sexualdepravity, the undermining of the Islamic state and the continual denial of the teachingsof Islam may, at the discretion of the jurists, incur the death sentence. ii) Flogging.

This penalty is common in Islamic penal law and can be sentencedand carried out by the muhtasib. Its implementation is generallyobserved when a Muslim fails to perform his oblig- atory Islamic duties72e. g. prayer and is also used as a deterrent to one who posesa threat to the community. 73

As a hadd punishment, the number of lashesmay vary; eg. up to roo for the previously unmar- ried person who commits fornication 74 As a ta`zir punishment, the maximum number of lashesis a controversial topic amongst the different schools,varying from io to 99 lashes.Ibn Taymiyya and IQJ examinedvarious prophetic reports and concluded that the hadith forbid- ding more than io lashes may have been misinterpreted rather than abrogated as some believed,"They saw this hadith as relevant to the relations between father and son, husband and wife, and master and servant,i. e. relationship in which one may need to use some means of punishment for disciplinary reasons. In such cases,if the appropriate meansis beating, it must not exceedio lashes.But this report has nothing to do with the relationship betweenthe individual and the state, and the amount of to zir punishment, if it happens to be flogging, is left to the authority concerned." 75

IQJ maintains that the total amount of lashesmay be divided and thus issuedon separatedays, to enablethe offender to return to the fulfilling of his obligatory duties.

Some traditional evidenceof the imposing of this ta`zir.

The having - Prophet ordered that anyone sexual intercourse with his wife's slave must be flogged. 76 flogging - Abü Bakr ordered the of a man who was found sleepingwith a strangewoman. He

9a issuedone hundred lashes.77 `Umar Ibn Khattäb flogged his - personally a man who was guilty of overburdening animal with baggage.78 iii) Shaving of the Head. This to zir is applied with the express purpose of preventing vanity. There is no prophetic evi- first during dence of this penalty, but it may have appeared the Caliphate of `Umar b. al-

Khattäb; an era of prosperity that saw an increase in attention to personal appearance.

Offences of seduction consequently manifested themselves and warranted a suitable amount of tazir. There is evidence that the caliph punished Näsr b. al-IIajjäj in this way in order to curb his flirtatiousness; his hair emphasising his attractiveness to women. 79 b) Ta`zirRestricting Personal Freedom: i) Imprisonment.

It is within the jurisdiction of the mubtasibto confine offenderswho are a menaceto others.80 Those who abandon their Islamic duties e.g. Prayer may be incarcerated,as may those whose offencesare committed in public. 8i The mubtasib has the power to confine a woman to her own home for no other offence than dressingseductively in the street.82

IQJ sanctions imprisonment as a ta`zir in relevant cases,where it may be more effective than 83 flogging. `Umar b. al-Khattäb, during the more prosperous era, bought a house in Makka and converted it into a jail so that offenders may be adequately detained84. `Ali b. Aba Taub would confine any tribal member whose disobedience warranted this; asserting- "The aim of this restriction is the prevention of evil. The Islamic treasury should cover the living expenses of the offenders family until the time of his release."85 ii) Exile/Banishment

The purposeof this ta`zir is to remove the offender completely from his locality; the muhtasib ordering this when it is beneficial to the generalcommunity. 86The Prophet originally issued

91 the order for banishment, when he exiled "feminine males from . 87 `Umar b. al- Khattäb also used exile as a punishment for Näsr b. al-IIIajjäj when he banished him to Basra 89 (Iraq).88 He also sent Subaigh b. Asl to Kufa. IQJ statesthat a ruler has the right to banish effeminate men, as this is a successfulmethod of control. Where exile is not feasible, than theseoffenders must be imprisoned to prevent them from being hazardousto society.90 iii) The Banning of Trade.

The mubtasib holds the right to prevent anyone from trading if they transgressthe rules of market law. IQJ also attributes this particular power of ta`zir to the `sahibal-süq, 'whose posi- tion is that of Market overseer.Any malpractice associatedwith trade may result in a short- term or permanent ban for the perpetrator.91

c) Ta`zir Using Fire.

This punishment may be issuedby the Judge;the mubtasibbeing eligible only for its enforce- ment. As in the caseof other penalties,the to `zir is intended to combat the spreadof evil with- in society; both acting as a deterrent to potential offendersand hindering the re-offending of the initial perpetrator.

IQJ has collated evidence from prophetic versesand from other scholars to justify the per- missibility of ta`zir involving fire.

The Prophet ordered the burning of the two orange dresses,belonging to `Abd Allah b. `Umar by placing them in a burning kiln. 92 He gave orders to burn all the booty that was retained by the soldiers, the latter not having had the Prophet's permission. The Prophet declared his desire to burn the houses of those Muslims who failed to attend congregational prayer, how- ever he refrained from this act for the sake of the resident women and children. 93 `Umar offended the Prophet by reading the Torah (al-Tawrat) and was subsequently ordered to burn the relevant pages-94 These references demonstrate the Prophet's philosophy of destroying forbidden. that which is evil and The Sahaba, as well as the Caliphs, followed the teachings of the Prophet pertaining to the implementation of punishment with fire. Imam Alimad, a

92 fire respected scholar, stated the permissibility of employing as a cleanser of evil, illustrating his approval by permitting the burning of all books which were designated as unsuitable by

Sacred Law. 95 IQJ reveals (in TH) that Imam Ahmad viewed such literature as the ultimate offence for the umma. 96

In conclusion, both statutory punishments (budüd) and discretionary punishments (ta`zir) are imposed in order to ordain what is fitting and proscribewhat is improper within the Islamic homogeneous society.IQJ acknowledgesthat both reward and punishment are with the deed in Allah's SacredLaw. Any punishment must be designedto suit the crime, thus the varying forms of ta`zir have been establishedto deal with such a rangeof offences,generally having the authority to classifyan individual offence and order its corresponding penalty. IQJ corrobo- rates his ideologieswith referenceboth to prophetic versesand the views of other scholars, maintaining that the law of ta`zir must serveboth as a preventativedeterrent and a reforma- tive mechanism that aims to enforce the moral standardsrecommended by Islamic Law, and ultimately it is the role of the mubtasibto uphold this.

93 ENDNOTES TO CHAPTER 4 i. Izzi Dien; The Theoryand the PracticeofMarket Law in Medieval Islam, P36. z. Mohammed Al-Mubarak; al-Dawla wa Nizam al-Hisba `inda Ibn Tayymiya,pp. 84-92. 3. M. I. H. I. Surty, The Institute of Hisba, PP-5-18- 4- Whenyou judge betweenpeople, judge with justice. Qur'an 4:58. We are also told: And this He commandsyou; judgeyou betweenthem by whatAllah revealedand follow not their vain desires.Qur'an 5:49. Justice is the bind- ing principle of Islam, as the Prophet said: "Allah has reserveda greatplace in the Hereafterfir thosewho met out justice to themselves,their families and in their work. ' Reported by Muslim. 5. A dispenserof justice and righteousness. 6. A wicked oppressor. be 7. al-Turüq al-lIukmiyya, p. 7. (from hence forth it will abridged to TH) 8. TH, p"4 9. Ibn Qayyim al-Jawziyya; Ahkam Ahl al-Dhimma, vol. i, p. 2o8. to. ibid, vol. z, p. 242. it. Refer to: Qur'ann 5:51. z2. Refer to: Qur'än 58:22 13.Ahkam Ahl al-Dhimma, vol. i, p. 242. 14. ibid 15.The muhtasibmust be saneand adult. 16.A Lama1-Muwaggi in, vol. 3, p.15. 17. ibid, vol. z, p.22. z8.A am al-Muwaggi7n, vol. z, p.157. 19.Muslim, Sahih, no.49. zo. TH, p.3 21.Ighathat al-Luhfan, vol. 2, p. 177. z2. In casesof conflict, accept the greater of the two goods and the lesser of the two evils. TH, p. 6 23. TH, p. 6 24. A 'Um al-Muwaggi1n, vol. z, p. 163. 25. ibid, vol. 4, p. 199. 26. Qur'an T199- 77- Zad al-Maad, vol. 3, p.162. 28. Ibn Abi Shayba,al-Musannaf, vol. 8, p.24o. 29. A?am al Muwaggi'n, vol. 3, p.15. 30. Alam al-Muwaggi7n, vol. z, p.16i. 31. al-Qamus al-Muhit, vol. z, p. i5z; Dr. Qalaji, Ibn Taymiyya c Encyclopedia ofFigh, Vol. 1, p. 448. 32. TH, p. 77; Ibn Qudäma al-Maqdisi; al-Mughni, vol. 8, p. 324. 33. TH, p"77 34. Alam al-Muwagqi in, vol. 2, p.29; TH, P-77- 35- Ibn Nujaym; al Ashbirh wa'l-Nazd'r, vol. 2, p. i64. 36. Alam al-Muwaggi7n, vol. 2, p. 48. 37. Ighathat al-Luhfdn, vol.,, p. 331. 38.This is the opinion of the Hanbali madhhab. 39. This being the opinion of Aba Hanifa, al-Shäfi`i and Al}mad. 40. This is the opinion of al-Shäfi`i and Ahmad. 41.This is the view of Ibn Taymiyya and IQJ; TH, p.77. 42. Muslim; $ahih,

94 43. TH, P-77- 4+ ; Nihayat al-Rutba, p. 14.. 45. TH, p. i6 46. See: Qur'an, 9: 118 47. TH, p"79. 48. TH, p.177; al-Hisba fz'l-Islam, p. 54" 49" al-Faqhi; TH, pp. z87-288. 5o. Qur'an 21:58- 51-TH, P-97- 52. TH, p. 97 53"Ahmad, al-Mumad, vol.,5p. 257. 54. al-Bukhäri; Sahih, no. 2464. 55" TH, p. 1oi. 56. TH, p. 93. 57" TH, p. 92. 58. TH, p.99; Muslim, Sahib, no.969. 59. TH, p. 8o. 6o. TH, p.116. 61. TH, p. 107. 6z. TH, p. IIo; al-Mumad, vo1.2,132. 63. Muslim, Sahih, no. zo9o. 64 al-Hisbafr l-Islam, p. 6o. 65. TH, p.g2. 66. TH, p. 86. 67. TH, p.8o. 68. TH, p.8o. 69. TH, p.8o. 70. A`lam al Muwaggi `rn, vol. 2, pp. u7-n8. 71. TH, p. g. 72. Ibn Marshad; al-Hisba, p. 155;al-Qarni; al--Hisba fi l-Mirth wa'1-HAdir, vol. i, p. 138. 73. TH, pao. 74 al-Tirmidhi, Sunan, vol. 4, P"54" 75. Ibn Taymiyya; al-Siyasaal-Sharlyya, p. 1z5. 76. al-Tirmidhi; Sunan, vol. 4, P-54- 77. al-Hisba fs'l-Islam, PP"45-46" 78. ibid. 79. A Mm al-Muwaggi in, vol. 4, p"374 8o. TH, p. 19 Si. TH, p.1o. 82. TH, p.8. 83. TH, p.i. 84 Ighathat a!-Luhfan, vol. p.333" 85. Aba Yüsuf; Ktab al-Kharaj, p. 15o. 86. TH, P-77- 87. TH, P-79- 88. TH, P-79- 89- a1-Hisbafr'1-Islam, p.46. go. Alam al-Muwaggiin, vol. 4, P"377.

95 9i. TH, p"4 92. TH, p. 6. 93. TH, p-2- 94- TH, p.g. 95" ibid 96. ibid

96 Chapter Five

A focus Upon Ibn Qayyim al-Jawziyya's manuscript

5.1 Intorduction

5.2 IQJ's Methodology of Critical analysis

5.3 Sources of IQJ's works

5.4 Copies

Endnotes Chapter S. A Focusupon Al-Turuq al-Hukmiyya

5.1[Introduction Having examined the author's general philosophy, the writer intends this section as a specific enquiry into this important text. i. Reasonsfor Writing:

The Shafl'! and Hanball schools of thought were considered to be the two most widespread in

Egypt and Syria during IQJ's life. However, in TH he makes repeated references to Imam

Malik and prominent scholars of the Malik! school, particularly in the area of price setting.

Scholars of North West Africa and Andalusia feature prominently and TH can be found among the papers entitled al-Masä it al-Tarablirsiyya which was written by IQJ for the people of Tripoli. Such evidence leads one to conclude that IQJ wrote this book for the people of

North-West Africa. Muhammad bin Ahmad bin Qasim al-Ugbani, a North-West African scholar (d. 871AH/I466AD) made reference to the book when discussing the subject of bisba.

The writing of TH was a response to a question from North-West Africa that was put for- ward to IQJ, namely: Is it permissible for a judge to make a judgment using only circumstan- tial evidence? So IQJ replied to this question by writing TH.

ii. Time of Writing

IQJ wrote his book TH after the death of his mentor, Ibn Taymiyya in 728AH. There is weighty evidenceto support this opinion; such as:

98 i. TH is mentioned in Masdil al-Turuq al-Tarabulciyya,when answering the people of North West Africa. It would seemevident that had Ibn Taymiyya still been alive, any corre- have been him, least spondenceon such matters of legality would addressedto or at referred his for his personalscrutiny. The Sheikh was held in high esteemand it is unlikely that pupil would be consulted in preferenceto the renowned master.

2. When referring to the ideasstated by Ibn Taymiyya, IQJ usesa terminology which by `may Allah have him, ' `may Allah suggeststhat he had passedaway then; e.g. mercy on or, sanctify his soul.'I

X. Renownand Methodology: It is in far it field TH is considered to be one of IQJ's greatest works. unique so as covers the hisba. Indeed book of Islamic political law and the methodology of establishing proof and this dealing judgment is perhaps the first of its kind, particularly in its with the subject of passing how by employing deduction to establish justice, and its examination the muhtasib works. implement within the boundaries of the law when using this methodology to the objectives of judicial the shad 'a. The book also contains a comprehensive summary of the principles of

investigation and the regulations for evidence and the etiquettes of the judge and the muhtasib, book as well as their rights and their duties. This combines the judicial rulings and evidences Islamic from Islamic law, and it brings together the aims of the religion and the objectives of for TH is law and detailing solutions to emerging and changing issuesand these reasons con- in Islamic jurispru- sidered unique among those books dealing with the rulings on evidences laws dence. IQJ also discusses many related branches of jurisprudence whilst relating the of

hisba and the methods of its management.

5.2 IQJ's Methodology of Critical Analysis The Author address issues in a succinct, yet systematic manner. He refers to the sayings of the

Pious Predecessors(sala, l and the Imams of the varying schools of thought, then delineates the

points about which there is either agreement or controversy. In the caseof that latter, IQJ pays

99 particular attention to the details of the differing opinions, looking at the evidence for each and distinguishing between them in terms of authenticity. He analyses each facet critically, even redressing issues, until he concludes with an outcome that is based on the evidence which carries most weight. His reaerch is rooted unerringly in evidence gleamed from the Qur'an and the Sunna. TH reflects subject matter and methodology that are irrefutably offered for the advancement of the muslim nation. 2 The establishment of an ordered society will result in cul- tural and political security, thus justice is pivotal to the maintenance of these. Allah revealed this through the book, his messengersand the four rightly guided Caliphs. Abü Bakr famous- ly stated, "Those who are weak, are strong in my eyes because there is truth and justice for them. The strong amongst you are weak, because truth and justice will prevent them if Allah wills. " Justice had been established in the Islamic state when the legal system was correspond- ed to the Sacred Law. Indeed, history testifies that the muslim judges came to exemplify true justice.

deals Contents of the Manuscript TH: This manuscript with: - " justice

" hisba " prosecution

" evidence- irrefutable, circumstantial etc. detailed " methods of deduction - all of which are to guide the judge and muhtasib in the enactmentof the duties.

Deduction, circumstantial evidence and particularly Islamic politics are discussed in detail.

IQJ illustrates the various ways in which evidence can be used and he emphasises that there is no limit whatsoever to any specific number.

Main Themes.

" Concept of prosecution and numerous types of misdeeds.

" Punishments: hudüd, gisas and ta`zir. " The Ruler: method of implementing justice

I00 " Hisba as a type of justice, particularly in the casesof rulings between people where no case needsto be brought forward for prosecution.

He describesthe importance of hisba as being a trust (wiläya) and that the trustee of hisba must prevent and forbid evil in the society,whether that be in terms of worship, trade, social, welfare or healthcare.He discussedthe concept of ta`zir, and the employment of financial punishments in ta`zir. He concludeshis work by discussingthe means of drawing lots as a method of ruling. He illustrates situations where this is applicable, and offers evidencefrom the sharia to justify this.

The Contents of the Edited Portion of the Manuscript: The themes of TH revolve around the establishment and administration of justice and the fact that it takes place either through liti- gation (by way of casespresented before the judges and presided over by the chief judge), or by way of direct intervention on the part of the muhtasib, which does not entail legal action

(but simultaneously protecting the rights of Allah and those of the people). IQJ presents the subject of hisba by dividing TH into a number of unspecified section, each pertaining to a topic that is subsequently analysed. For the sake of clarity, and easeof reference the following tides have been added to each section:

" The administration of justice which does not depend on legal action

" Public duties: Generalities and particulars

" The Acquisition of commodities

" Pricing regulations

" Regulations for the renting out of inns on the roadside

" Scholars forbidding the participation of partners

" The responsibility of the authorities for ensuring that employerscarry out their duties. " The ruler takescare of his workers " The rules and regulations concerning partnerships

" The reasonswhy price fixing did not take place in the time of the Prophet. " The strife amongstworkers that results from price fixing

101 " The limitation of price fixing fixing " The principles of the limitation of price in the opinion of those who see it as per- missible.

" The necessityof tending to the needsof those who are in distress " The need for punishments to be in accordancewith the dictates of the situation " Financial punishments " The rights of Allah and its composite parts " Subversiveliterature

" The opinion of the scholarswith regard to those who permit evil " The prevention by the authorities of the mixing between men and women in the market place. " The prohibition of the authorities of pigeon racing from the roofs of peopleis houses

" Further regulations regarding pigeons " Gastric ailments and the retreat of the afflicted person

Why TH is attributed to IQJ: following The conclusion that author composedTH restson the reasons:-

i- The style and methods of composition are comparable to those evident in IQJIs other works

a- The fame of the book during the time of the author. His student Ibn Rajab counted this

book among those which IQJ had written and also indicated that it comprised one volume. 3

3- The use of direct quotations from TH in the works of a number of scholars are attributed to IQJ. Among these is Ala' al-Din Abu'l-I iasan al-Naradmi (d. 885AH/i48o CAD)

5:3 Sources of IQJ's Work

TH, according to IQJ, is composedof other books, well-known narrations and the sayingsof wise men. More that sixty two sourcesare used. The author refers to the tides of some of his sourcesand he quotes Ibn Taymiyya without specifically mentioning him. In a few cases,he quotes his sourcesdirectly or indirectly without stating authors or tides.

102 An attempt is made to present prominent books, which the author has quoted frequently in directly his work. Some of the sourcesare quoted and others quoted with the authority of other scholars:

(A) Published Sources(zz) `rifa, by Abü Yüsuf Ya`giib ibn Sufyan " al-Tdrikh wa'l-Ma al-Fasawi.4 " alJa mah, by Ibn Wahab.5 " Kitdb al-Nawadir, by Muhammad b. Hassanal Jawhari. 6 " al-Mughni, by Ibn Qudama al-Magdisi.7 " al-Baydn,by Ibn Rushd al-Qurtubi. 8 " al-Tarikh al-Kabiir, by Muhammad b. Ismail al-Bukhari.9 " al-Muharrar, by Abu'l-Barakat ibn Taymiyya.1O " al-Muhala, by Ibn Hazm. Il

" al-Mukhtasar, by al-Khargi. I2 " Masail al-Imdm Ahmad, by Abü Däwizd.13 " Masdil al-Imam Ahmad, by `Abd Allah, son of Imam Ahmad.4 " al-Wadih fi'l-Sunan wa'l-Figh, by `Abd al-Malik b. Habib al-Sulami.l5 " al-Mudawana al-Kubrd, by `Abd al-Salamb. Said al-Tanukhi. 16 " al-Muwatta, by Malik b. Anas al-Asbahi.17 " al Jdmi `al-Sahih, by Mul; iammad b. Isma`il al-Bukhari. l8

" Sahih Muslim, by Muslim b. al-Hajaj al-Naysabüri. 19

" Sunan, by Abil Dawüd al-Sijistalli. 20

" alJami`al-Sahih, by Mulhammad b. `Isa a1-Tirmidhi.21 " al-Sunan al-Kubra, by Ahmad b. Yazid b. Ali al-Nas5'i. 22 " Sunan Ibn Maja, by Muhammad b. Yazid ibn Maja. 23

" Sunan al-Daraqutni, by al-Daraqutni. 24 " Sunanal-Kubra, Abü Bakr Ahmad b. al-Hussaynal-Bayhagi. 25

(B)Unpublished Manuscripts (32) al-Shäfi, by Abü Bakr `Abd al-'Aziz

103 al-Funün, by Ibn `Agll al-Hanbali. Kitab al-Qada, by Shuraih b. Yünus al-Qadä bi Shahid wa'l-Yamim, by al-Baghdädi al-Majmü ä, by Ibn Kanäna aljam `a,by Ahmad b. Muhammad al-Khalläl Tafiir Ibn Mazyan, (Tafiiir al-Muwata), by Abü Zakariyya Yahyab. IbrähYm b. Mazyan al-Taliq al-Muharar, by Ibn Taymiyya al- Nawazil, by Suhnun Abu Sa`id al-Tanukhi. al-Nuwad wa'l-ziyadat, by Abü Muhammad b. Abü Zayd al-Qayrawäni.

Masä'il al-Imam Ahmad Riwayat Ahmad b. Abu `Ubayd

Riwayat Ahmad b. al-Qasim

Riwayat Ahmad b. al-Hussain al-Tirmidhi. Riwayat Ishaq b. Ibrahim

Riwayat Ishaq b. Mansur al-Kawsadi. Riwayat Ismail b. Sa`id al-Shalanjii. RiwayacJa'far b. Muhammad al-Nasal RiwayacAbu'1-Harith. Riwayat I;iarb.

Riwayat I ianbal b. Ishaq.

Riwayat al-Khalläl. Riwäyat Abu Saqr

Riwayat Abu Talib

Riwayat `Abd Allah b. Muhammad al-Baghawi. Riwayat `Ali b. Sa'id

Riwayat al-Facllb. `Abd al-Sumud Riwäyat Muhammad b. al-Hassan Riwayat al-Marwazi. Riwayat b. Mushaysh

104 RiwrayatMuhanna b. Yahya al-Shämi.

Riwäyat `Abd al-Mälik al-Maymüni. Riwäyat Yüsuf b. Müm.

Other Authors Published Version of TH

This manuscript has had many published editions. The first publication, was by Dar al-Kutub al-'Arabiyya in the zoth century, and was edited by Muhammad `Abdu. In his version there appear to be many errors and even some of the text is omitted. This was perhaps due to the poor quality of the manuscript, that was used.26

Al-Faqhi followed from Muhammad `Abdu's work and edited a book which rectified the mis- takes that he had identified. He used two manuscripts in his edition to do this. The first man- uscript was undated, but al-Faqhi theorised that it was more likely to have been written at. the beginning of the 14th century AH, and the second manuscript in 1338AH. This is the first work to mention the manuscripts which the author used, published in 1953AD.

Subsequently Dr. Jamil Ghazi published the book in 1977, to correct the al-Faqhi's errors. He claimcd to have found an earlier version of the manuscript dated 811AH, 6o years after the death of IQJ. He also claimed it to be the oldest discovered manuscript, but it transpired that this was a copy of the original 81tAH script, which was copied in 1303AH. However, both books were edited using the ancient manuscripts.

Ahmed al Za'wbi based his work on the aforementioned books, without referring to the old manuscripts. Other authors followed this second methodology.

A third type of published book emerged, compiled by authors who published without refer- ence to the manuscripts, nor even to the previous publications! An example of such a writer is Ibrahim Ramadan, Zakariyya `Aumayruat, Hazim al-Qäd.i, Bahij Ghazawi and Bashir Muhammad `Ayun.

105 The following books have been used in compiling into conserting the manuscripts for TH

27 -Tärikh al-Adab al-`Arabi.

-al-Maktab al-Azharia. 28 Sa`üd. -FahrasMakhrixtät Jämi`at al-Malik 29 bi -Fahrasal-Masawarat Qisim al-Makhtrutät.30 Maktabat, -Fahras Chesterbetty.31 -Kitab al-Thäbit.

Original Copy that has been used in this Research:

Saudi Arabia: `Arif Hikmat

MS no. 159-(A)

Subject of MS: Islamic politics Title of MS: al-Turuq al-I; Iukmiyya fi'l-Siyäsa al-Shar`ia

Location of document written: Hamat, Syria

Copying start date: 24th/Shawwäl/797AH

Copying finish date: z4th/Dhu'l-Qa`da/797AH

Number of pages: 293 L

Lines per page: 14

Author: Muhammad b. Abü Bakr b. Ayyub, Ibn Qayyim al-Jawwziya Copyist: `Abd al-Rahmän b. Ahmad b. `Abd al-Rahmän al-Tedmori Description:

" The first page contains names of those to whom the book belonged, and also some untidy markings.

" In the main body of the text there are commentariesand notes. " The text has indexed tables which appear to be more recent additions to the main text becausethey are written in a different font.

" There is also is a description of the author which appearsto be written in a different font. dots " The writing is of an old style, and appear to be missing from some of the letters. It is

zo6 written as (naskh).

*The are also some blotches of ink throughout the text. believed *The last page has some notes about the author and is to be recent in comparison to original manuscript. document. e There also is some notes comparing with the original 5"4 Copies of the Arabic manuscripts used in the study

i Dublin: Chester Beatty Library

MS no. 5013

Subject of MS: Rules of guidance for governors

Tide of MS: al-Turuq al-Hukmiyya fi'l-Siyäsa al-Shar`ia

Location of document written: Unknown Copying start date: Unknown Copying finish date: (claimed)i9th/Dhu'1-Hijja/85oAH (7/March/i447CE)

Number of pages: iiL

Lines per page: r8 Author: Muhammad b. Abü Bakr b. Ayyub, Ibn Qayyim al-Jawwziya Copyist: Unknown Reviser:Karl Brockelmann

During the conducting of personal research,the writer discovereda clear which appearsto havebeen written by a student. Each time the Prophet is mentioned, he sendspeace and bless- ings (salawdt)on him and everytime the followers are mentioned he asksGod to have mercy on them. The handwriting is legible, and there are 422 differencesbetween this copy and the original.

The writer spoke to his supervisor Dr Izzi Dien regarding the dating of the manuscript by the library as circa 85oAH, i9 Dhu al-Hijah, which was referenced by Brockelmann ii io6 suppli ii Iz6.

I07 It is apparent that there is a distinct discrepancyhere that the `tamaluk' or `belonging' marks displaysthe dates826AH and 833AH suggestingthat the 85oAH is erroneous. Description: hand e First page has some water dampness on the left side. There are also three consecutive owners of the manuscript. The first being in 826 AH, the second in 833AH and the final one

95o AH.

Main body of the text contains some commentaries and notes.

*The writing is of an old style, clear scholaris (naskh) e The first few pagesof the text display damp damage. eLast pageof the manuscript has a finishing date by the copyist:-r3th of Dhu'l-Hijja 8ooAH, disproving Brockelmann'sdate of 19th Dhu'l-Hijjah 85oAH. e At the end are two extra pages which have some ebelongingi marks, the first in the year

953AH and the second in the year 969AH.

2 Kuwait: Ministry of Awqaf/Manuscript dept.

MS no. 2i9 (kh)

Subject of MS: Rules for Governors Title of MS: al-Turuq al-IIukmiyya fi'1-Aqdiya al-Shari'a Location of document written: Unknown Copying start date: Unknown

Copying finish date: Thursday/6th/Jamad al-Awwäl/i226AH

Number of pages: x43 L Lines per page:22 Author: Muhammad b. Abi! Bakr b. Ayyüb, Ibn Qayyim al-Jawwziya Copyist: `Abd al-Rahmän b. Näsir b. Bassäm Description: different. " First page has some missing words, the title is In the writer's opinion, the person who wrote this tide is al-Sheikh Ibn al-Duhayan al-Kuwaiti, because there are `belonging' marks in evidence which were written in the same handwriting as the title.

" There is very little commentary and the main body of manuscript shows damp damageon

I08 the edges,and small blotches of ink. *The writing is of an old style, clear scholar's (naskh). e Last page of the manuscript has some dampness.

" It also displays the date of the finishing of the document.

3. : King Fahd Library. MS no.44/86 Subject of MS: Unknown.

Title of MS: al-Turuq al-I Iukmiyya.

Location of Document written: Unknown. Copying Start Date: Unknown.

Copying Finish date: Tuesday 13th Rajab, i227AH.

Number of Pages: 212p.

Lines per Page: 23.

Author: Muhammad b. Abü Bakr b. Ayyub b. Said al-Zur'ay, Ibn Qayyim al-Jawziyya Copyist: `Abd al-'Aziz b. `Abd al-Latif b. Muhammad b. Ma'auf al-Bahili. Description:

" On the first page the title of the book is only al- Turuq al-Flukmiyya. The name of the author

Ibn Qayyim al-Jawziyya, and there are notes by the judge of Makka, whose name is Ibn

Duhaysh. He compared this copy and al-Faqhi's published book, and he advised to republish it and take benefit from his manuscript, becauseit was necessaryto correct al-Faqhi's mistakes.

There is also a `belonging' mark to this judge in 4th Sha`bän, 1353AH. Also there is a stamp

mark from Saudi Library from Riyad, MS no. 44/86,24th Jamad Awwal, 1372AH. " The main text has a lot of comments and notes, as well as ink blotches. " The writing is of an old style, clear scholar's (naskh). " Last pageof the manuscript has some unclear ink blotches and the name of the person who wrote it and the finishing date. The Judge put his comparison noteswith al-Faqhi's book and wrote a note giving the date of completeion, 25th Sha`bän,1360AH.

4. Kuwait: Ministry of Awqaf/Manuscript Dept.

rrog MS no.174(kh) Subject of MS: Rules for Govenors. Title of MS: al-Turuq al-Hukmiyya fi'l-Siyasa al-Shari'a.

Location of Document written: Unknown. Copying Start Date: Unknown.

Copying Finish date: I2z8AH.

Number of Pages: i58L.

Lines per Page:21. Author: Muhammad b. Abü Bakr b. Ayyub b. Said Ibn Qayyim al-Jawziyya Copyist: None

Description:

o First page `belonging' marks written by the same handwriting as the one who wrote the title.

The title, al-Turuq al-I Iukmiyya is written in red. There is dampness on the front. There is a

belonging mark saying, `Abd Allah b. Khalaf b. Duhayyan al-Hanbali, in Dhu'I-Hijja, 1313AH.

We also have waqf to people of knowledge in iith Shawwal, 1324AH. Two Encyclopedia

Library stamsp from Ministry of Awqaf.

" The writing is naskh clear writing. " There is some commentary and some missing words. The main body, the tides of the chap- ter in red. There is some dampness.

i. Dar al-Kutub al-Misriyya: Egypt

MS no. 603 Subject of MS: Usül al-Fiqh. Title of MS: al-Turuq al-Hukmiyya fi'l-Siyasa al-Shari'a. Location of Document written: Unknown. Copying Start Date: Unknown.

Copying Finish date: 130zAH.

Number of Pages: 2171.

Lines per Page: 15.

Author: Muhammad b. Abü Bakr b. Ayyub b. Said al-Zur'ay.

IIO Copyist: Alimad al-Masiri. Description:

" Some papers lost at the beginning of the manuscript. but "The main body of the script is very similar to the original, there are many missing words. Very little commentary. but " The writing is of North West Africa style and clear, some wods are unclear. he puts spacesbetween two chapters without writing chapter notifications.

" Last pagehas some ink blotches and `belonging" marks to Najm al-Din al-Malti. the other manuscripts were compared with the manuscript orgional and where indicated as following manescript no. i= manescript no a= manescript no 3= manescript no 4= manescript no 5 =

III ENDNOTES TO CHAPTER 5 i. See: al faqi, TH, P.150. 2. Qur'an, 57:25. 3. Dhayl Tabagdtal-Flandbila, vol.z, P-450- 4. Edited by Jalal Mansur; Dar al-Kutub al-'Almiyya, 1999. 5. Published, one part only. 6. Edited by al-Murad Muhammad, Dar al-Qalam, Damascus,1993. 7. Edited by Dr. al-Turki, Cairo, 1986. 8. Edited by Hagi Muhammad, Dar al-Gharab al-Islami, 1985 9. Dar al-Kutub al-'Almiyya to. Dar al-Kitab al-'Arabi, Beirut. ii. Edited by Ihya' al-Turath al-'Arabi, Dar al-Afaq al-Jadid. 12. Dar al-Kitab al-'Arabi, Beirut. 13.Tahqiq b. 'Awadullah, Maktabat In Taymiyya. 14. Edited by Zuhayr al-Shawaysh, al-Maktabat al-Islami, Beirut. 15. Edited by'Aziz al-Idris, Dar al-Husayniyya, al-Ribat, 1994- 16. Dar al-Kutub al-'Almiyya, Beirut. 17. Edited by Fu'ad 'Abd al-Baqi, Dar al-Fikr, Beirut. 18. Dar al-Salam, Riyad, 1999. i9. Edited by Fu'ad 'Abd al-Bag-,, Dar al-Hadith, cairo i99i. 20. Edited by Sudgi Muhammad, Dar al-Fikr, Beirut, 1994- 21. Edited by Ahmad Shakir, Dar al-Kutub al-'Almiyya, Beirut. 22. Edited by Sulayman al-Badrani, Dar al-Kutuib al-'Almiyya, Beirut. 23. Edited by Sudqi Muhammad b. Jamil al-'Atar, Dar al-Fikr, Beirut, 1995- 24- Published. 25. Dar al-Ma'rifa, Beirut, 1992. 28. Faharas al-Kutub al-Mawjuda bi'l-Maktabah al-Azhariyya (1947AD/1366AH), Mata Ba'at al-Azhar, 1947. 29. Qism al-Filth al-Islami wa Usuluhu, Imadat Shu'ün al-Maktabat Jam'at al-Malik Sa'ud, Riyad. 30. Markaz al-Markaz al-malik Faisal li'l-Buhüth wa'1-Dirasat, al-Adad al-Thani, Second Print, 1994. 31. Dublin.

112 PAGE MISSING IN ORIGINAL In Summary

Chapter One:

Introduction

A general background to the political climate in Syria and Egypt; illustrating a corrupt caliphate that led to the vulnerability of the nation. The situation was finally stabilised by the mamluks, who remained in power during the lifetime of the author.

Political Environment

A more detailed assessment of the causes and effects of the conflicts with the crusades and the Mongols. This section emphasises the importance of political stability in all areas of social existence and outlines the problems raised within an atmosphere of disharmony and decreased spiritual awareness. There follows a resume of the internal power struggles and corruption within the mamaluk rule and IQJ's reaction to these; leading to an examination of the political role of the scholar and the academic environment and influences that were pertinent to the author.

Religious Environment

A discussion of the development of diverse schools of thought and the spread of the Ash'arryy creed, with its inherent contradictions to the philosophy of IQJ. This section highlights the author's objective to "re-route" Islamic thinking.

Social Environment

A break down of the class structure and a brief outline of how and why social ethics had undergone a shift in direction. This is revealed as having been detrimental to the people; further illustrating IQJ's reasoning for the need of reform and a return to the orthodox principles of Islam.

114 Chapter Two:

Name and Fame An attempt to analyse the various forms of title afforded to the author and the writer's

decision to refer to him as IQJ for the purposes of his dissertation. This section verifies

the eminent position held by IQJ within contemporary academic circles.

The Early Years

An examination of IQJ's family life, as he grew up in a pious and academic household in

Damascus. This section offers some explanation of the author's eventual scholastic

attainment. He was inspired by other family members, he displayed a commitment to

obligation and mental skills which manifested themselves at a very early age, both in

himself and in his own children.

Scholastic Life

A perusal of IQJ's achievements from the age of six, out_1 his mental ability and

motivation to further his own knowledge and that of others. This section reveals his

adherence to the Islamic faith and resultant urge to learn as much as possible from

scholars of repute.

IQJ's Tutors

A closer examination of those individuals involved in the author's intellectual advancement.

IQJ's Students

This section outlines some of his most distinguished pupils, their personal

achievements and their tributes to their teacher. Also examined is IQJ's insatiable

appetite for collecting other scholarly works and the resultant collation of a vast

academic library; the latter enabling him to study diverse schools of thought and draw his own well-informed conclusions.

Tributes to IQJ

115 The specific tributes, made by eminent scholars, emphasise IQJ's status as a great influences Ibn Taymiyya philosopher and writer, revealing the positive of on the life and IQJ had little work of the author. It is also evident that need to travel in order to study because Damascus housed all the resources necessary for him to attain enlightenment.

Literary Technique

This section deals with IQJ's unerring quest for the implementation of authentic Qur'an evidence. His methodology entails the scrutinising of the and sunna as a means of collating satisfactory `proofs' for his ideologies.

Character and Faith

An examination of IQJ's personality-a factor that can not be divorced from his dedication to Islam. He was a man of strong principle and thus his character reflected virtuous qualities that were not contradictory to his creed.

Author's Achievements

This is a resume of his life's work, culminating in a comprehensive list of his written texts; spiritual and academic.

Chapter Three:

Hisba in Arabic

This explores to define the word in terms of its various roots and derivations, examining six connotations in order to explain Hisba both in the context of its literal meaning and that of its function within shari'a.

The Nature and Aims of Hisba This part outlines the proofs evident in the Qur'an and Sunna, detailing examples of its implementation. It summarises the aim of Hisba as a mechanism by which the ideals of the Islamic faith can be met. This section identifies the required abilities and character of one who is to perform Hisba and the methods he must employ to ensure public adherence to the orders and prohibitions of shari'a.

116 AI-Ma'ruf and Al-Munkar - an Arabic perspective This section provides definitions of the terms and examines those facets of life which are either desirable or abhorrent in the context of Islam.

Hisba in Islamic Legal Terminology

This section provides closer reference to the principles of enjoining good an prohibiting evil and attempts to describe the essentials with reference to prophetic verses. The identifying writer looks closely at the ruling, three areas of muslim obligation - specific, general and undefined; the implementation of which divided varying schools of thought.

This concludes with IQJ's own ruling of Hisba.

The Institution of Hisba

This segment offers a general history as illustrated in a variety of written sources, which serve to highlight conflicting views amongst academics. Some perceive only the academic nature of the institution, whilst others, including IQJ see hisba as having an all-embracing essence that involves more than the obvious socio-economic factors. This section examines the development of the institution and the involvement of the Muhtasib.

The Origin of the Office and the Duties of the Muhtasib

Here the Muhtasib's jurisdiction is discussed. This part of the chapter examines the scope of his authority and details his capacities as a law enforcer and upholder of public morality.

Chapter Four:

The Author's Methodology of Hisba

This section examines two differing methodologies employed by scholars and then focuses on IQJ's works, specifically T. H. which reveals the authors personal approach to hisba. IQJ's methodology is based on evidences from The Book, The Sunna and the works of the four Imams and displays an analytical approach which encompasses all relevant aspects, re-iterating the author's theory of the multi-faceted nature of hisba.

117 Required Characteristics of the Muhtasib

This outlines IQJ's theories as to the necessary features desirable in such an influential authority, he details the prescribed faith, personality, intelligence, commitment and etiquette which must form the attributes of the Muhtasib.

The Jurisdiction of the Muhtasib This lengthy section analyses the complex penal system over which the muhtasib holds sway. Included are the definitions of Hadd and Ta'zir punishments, the latter being examined in detail, as the implementation of these generally fall under the jurisdiction of the Muhtasib. The notions of prevention, deterrence and reform are of paramount importance, thus the aforementioned attributes of the Muhtasib are essential if these are to be implemented. Ta'zirs range from mild rebuke to severe corporal punishment and ultimately capital punishment, each being justified by reference to prophetic verses.

This chapter concludes with IQJ's philosophy that the punishment must be designed to fit the crime and it is the role of the Muhtasib to ensure just practice in the upholding of Islamic law.

Chapter Five:

Focus on IQJ's Manuscript TH

This ultimate section reflects the research conducted on the manuscripts of IQJ and other scholars. It illumines the aptitude of the author, not only as a literary master, but as a skilled analyst and devout Muslim. This chapter outlines the themes of TH and the sources used by IQJ in its compilation. Also included is mention of other published versions of TH and some controversial findings as to dating and authorship.

lls Conclusion

Hisba maybe perceived as a social safety valve that prevents the overflow of negative circumstances which would be detrimental to the peace and prosperity of the Muslim nation.

The most salient points that have manifested themselves throughout this research into

the life of IQJ and his perspective on hisba, maybe summarized as follows: - His scholastic approach, sound intellect and open mind; when combined with his solid foundation in the Divine Law, facilitate his thorough and non-bigoted analysis of every issue.

IQJ concentrated in the theoretical aspect of hisba, detailing its concepts, rules,

principles and objectives.

IQJ focused on the socio-economic aspect of hisba and stressed the importance of

combining it with justice.

The research has revealed IQJ's comprehensive approach to hisba, as he emphasises the

employment of both intellectual and traditional proofs. He achieved outstanding results because of his ability to conceptualise in a non-judgemental manner, whilst remaining

constant to the ideals of Sharica. IJQ presents a positive image of Islam, not only in its ideal form but also in its practical manifestations, whilst simultaneously demonstrating

that the true solutions to social problems lie in the faithful observance of the Divinely

revealed laws. His didactic approach embraces not only the letter of the law, but

upholds the fulfilment of the spirit of the Shari'a.

IQJ employs a scientific methodology in his discussion of the particularities of hisba

relying on the proofs found in the Quran and the Sunna and the traditions handed down

from the scholars of Islam. It is rare to find any matter discussed by IJQ which is not

illustrated by prophetic reasoning. It also becomes apparent that IQJ shows a marked

objectivity treatment issues in TH. He analyses the sayings of scholars and relates these

119 word for word, criticising those which are distortions of the shari'a, finally presenting a reformed opinion supported by correct evidence.

IQJ directs the rulers and the ruled to the importance of applying justice in all their dealings. Due to this, he stresses the prerequisites of a Muhtasib and the absolute necessity of him being a Muslim if hisba is to be implemented properly.

He reveals that:

Hisba is an Islamic system, due to its origins in divine law and its historical development. It is a safety valve, guaranteeing the security of the Ummah, the key to its welfare and the reason behind its success, honour and strength.

The duty of hisba is an Islamic duty founded upon the basis of the book of Allah and the sunna of the messenger of Allah and the consensus of the scholars of the Ummah.

Hisba is one of the most important devices of the state which it must nurture and implement, just like the other devices used in various aspects of life. There can be no doubt that the society which applies the system of hisba is the best of human societies.

The system of hisba has firm, unchanging goals which are not affected by any change in time or place, for it upholds principles which are built upon solid foundations and immutable divine teachings. The principles of hisba therefore cannot undergo any change nor can they be replaced. As for the means through which these principles are applied; these may undergo development and may be replaced with others depending

on the circumstances of time and place.

The dominant characteristic of the system of hisba is an administrative one. It therefore

necessitates an authority which will administrate its affairs and implement policies. It is

not enough to expect people to apply hisba on their own, voluntarily. Uthman (RA) said,

"Verily Allah induces obedience from the people through a government [which applies

120 the laws of the Qur'an] in a way which cannot be done through the Qur'an [on its 31 own] .

The Muhtasib appointed by the authorities has powers which a voluntary Muhtasib

does not have. The term Muhtasib is more properly applied to the employed functionary who implements hisba rather than to the volunteer.

As is clearly demonstrated in TH, enjoining what is right and forbidding what is wrong

is a concept far broader and more comprehensive than hisba. Hisba cannot be

compartmentalised into separate aspects of daily life, rather it is a comprehensive

system, which combines a wide variety of domains and numerous fields of

specialisation.

121 PAGE MISSING IN ORIGINAL I. A glossary of Arabic terms used in the manuscript.

" `Adl An adjective which is derived from the word "adala (justice). Different scholar of law have established various definitions. According to Mawardi's definition it describes a person who is in a perfect religious and moral state'. Another author observes that adil is a person who obeys the moral and religious law; this last definition is the one, which has come to be accepted The antonym of adl, is fisq. '[A214]

Amir (emir) (plur. 'Umard', from the root amara, "to command"). It means 2 commander; prince, emir; title of the princes of a ruling house. [A230]

" Bayt. Also Dar. There is an important difference between bayt and dar and their implications. Dar is a serai with an enclosure. If a person purchases a dar, he is in

entitled to the upper storeys and the offices because the term dar Signifies a place

situated within an enclosure, of which the upper storey is a component part. Bayt, on the contrary, simply signifies any place of residence normally suitable for one family,

as the covered shelter where one may spent the night. Contrary to the dar, the upper storey of a bayt can not be included in the purchase of a house, unless by express

specification. If a person purchases a bayt in a dar, he is not entitled to the use of the

road unless he has stipulated the rights and appendages, or the great and small 3[A218] accoutrements belonging to it. Marghinani,

1 EI 2"1"209. 2 Hans Wehr, A Dictionary of Modern written Arabic, p. 27; Islamic Desk Reference, p. 92. 3 Hidaya: 3: 66-7. Hamilton, Hidaya: 294. Ei2: 1: 139.

123 " Bayt al-Mal. The house of wealth or treasure. Not all state revenue belongs to the

Bayt al-Mal, but only that which belongs to the community as a Holland the purpose

for which it is used depends on the discretion of the imam or his delegate. [A218]

" Bid' a. A novelty or innovation in religion; heresy or schism; a belief or practice for which there is no precedent in the time of the Prophet. Some Muslims feel that every innovation must be wrong but some allowance has to be made between a bid' a which 5[A240] is good (hasana) and one which is bad (sayyi'a).

" Bid'a In a strict sense, the word indicates a belief or practice for which there is no precedent in the time of the Prophet (PBUH). According to al-Shäfi`i, it means any innovation which runs contrary to the Qur'än and the Tradition of the Prophet. ' [A240]

" Darura. Necessity. In the works of fiqh it has a narrow meaning when used to denote what may be called the technical state of necessity. A person finding himself in a 7[A218] dangerous position is permitted to do something normally forbidden.

8[B224] " Fugahä The term indicates a specialist in Islamic Law and its branches.

" Al-Faqir The word, in the Qur' än, signifies a needy person. In mystic terminology it means a person who lives for God alone. In popular parlance the term is used for a beggar [A254] poor man, a pauper or a .9

4 B12: 1: 1141. 5 Hughes, Dictionary: 425. 6 A1-Misbäh al-Munir, vol. I, p. 53; Islamic Desk Reference, p. 172. 7 EI1: 2: 163. 8 Islamic Desk Reference, p. 105. 9 Ibid, p. 95.

124 " Fasid. Fasid or Batil are interchangeable, but the distinction between the two terms is

the principal characteristic of the Hanafi theory of nullity (butlan). Batil denotes an act which lacks one of the elements essential of the existence of any legal activity. In the doctrine of the other three orthodox schools, the term are synonymous. According to the Hanafis is invalid (fasid) it is lawful to its ,a sale when with respect quality, 10[A226] when the subject is not of an appreciable nature.

" Al-Fay' This term, in Islamic conception, means war booty gained from unbelievers " without fighting. [A257]

" Fitna (plur. "fitan". This Arabic word, which means "trial, test or temptation", appears frequently in the Holy Qur' än with the meaning of an external test of faith. It

generally refers to the series of events which included the murder of the Caliph `Uthmän and the conflict between `Ali b. Abu Tälib and Mu`dwiya b. Abu Sufyän.

This first major struggle within the Muslim community is often called the first, or the 12 great, trial. [B251]

e Al-Jizya A tax formerly levied on non-Muslim adult males from Dhimmis, "Ahl al- Dhimma", who were able to pay it, provided that they belonged to a religion recognised as divinely revealed, that is, they were people of the book "Ahl al-Kitäb". The infirm and poor were excluded from paying the Jizya. The basis of the Jizya is the Holy Qur'iin, (Sura, IX: 29). It was normally understood to be a tax for civil

10E12: 2: 829. Hamilton, Hidaya: 266. 11Ibn Rushd, Bidäyat al-Mujtahid wa-Nihiiyat a1-Mugtasid, vol. I, p. 493; Deeb al-Khudrawi, A Dictionary of Islamic Terms, p. 333. 12Islamic Desk Reference, p. 103; A Popular Dictionary of Islam, p. 83.

125 protection and the upkeep of the army, but it did in practice sometimes take on the " aspect of a tribute. [B247]

" Al-Jumu'a The day of the week when Muslims gather to perform congregationally al-Jumu'a prayer in the Mosque, and listen to a sermon there from the prayer leader "al-Imäm". Attendance at this prayer is a duty incumbent on all male, adult, free, resident Muslims. If possible, it should be held in the Great Mosque (al-Masjid al- Jämi`), and frequent attendance is required. Business transactions are suspended

during this prayer time. 14[A2161

" Hadd. Hindrance, impediment, limit, boundary, or frontier. Hadd has become to mean in a narrow, technical sense the punishment of certain acts which have been forbidden

or sanctioned by punishment in the Quran and have thereby become crimes against 15[A215] religion.

Hakim. A just ruler. 16[B238]

" Ijara. The use and enjoyment of property for a time, including hire, rental and lease17 [A2.20]

" Ijma. The unanimous consent of the learned doctors (mujtahidun). Ijma is the 18[A225] collective opinion, while ijtihad is the deduction made by a single mutahid.

13A1-Mäwardi, A1-A4käm al-Sultäniyya, p. 142; S. Al-Jamal, Häshiyat al-Jamal `A1ä Shari} al-Manhaj, vol. V, p. 211; Al-Shirbini, Al-Tgnä' fii hall Alf- a? Shujä', vol. 17, p. 261. 14The Concise Encyclopaedia of Islam, p. 133 f.; Islamic Desk Reference, p. 104; A Popular Dictionary of Islam, p. 260. 15E12: 3: 20. 16 Hughes, Dictionary: 160. 17 Huges, Dictionary s. v. ijarah: 197; hire': 175. 18Huges, Dictionary: 197.

126 " Iqrar. Acknowledgement, confession. A theological term used for the admission of a sin. The limit of the muhtasib's authority, which Sunami suggests here has been

enforced by many succeeding scholars who wrote on the subject of hisba. 19[B215]

Istihsan. Literally `approving'. A term used in the exegesis of the Quran and of the hadith. It implies the rejection of qiyas and the admission of the law of expediency. LB225]

" Kaffara. Atonement or expiation. It usually consist of releasing a slave, fasting a number of days, or else feeding and clothing a certain number of poor people. This technical term, which is employed in the Quran four times, is said to have been borrowed from Hebrew: kappura. 20[A221}

" Al-Kuffär (Also, "Käfirün". sing. "Käfir", "Infidl"). In most passages of the Holy Qur'än, the term refers to unbelievers, who are threatened with God's punishment

and hell. 21[p. 58] Mahr. Hebrew mohar, Syriac mahara (bridal gift), means the dower

or settlement of money or property on the bride without which the marriage would not be legal. 22[A244]

" Al-Masjid The word of "Masjid", Mosque, refers to the place of public prayer. Al- Masjid al-Ilaräm "the Sacred Mosque" is the temple at Mecca, which contains the Ka'ba, in which is placed al-llajar al-Aswad "the Black Stone". The term Bayt Al1äh

19For examples see Mawardi, Ahkam: 242; Farra, Ahkam: 270. Hughes, Dictionary: 215. 20 EI1: 2: 618. E12:4: 406. 21A Dictionary of Modem Written Arabic, p. 833; Islamic Desk Reference, p. 172; A Popular Dictionary of Islam, p. 139. 22EI1: 3: 137.1112:6: 78-80. Hughes, Dictionary: 307.

127 "the House of God" is applied to the whole enclosure, although it more specially denotes the Ka'ba itself. ``3[A253]

" Milk. Possession, property. Not Quranic but in regular use in later fiqh terminology, denoting ownership. 24[A221 ]

" Najash. Raising the price of a commodity without intending to sell it at that price but

in order to force another buyer to pay more25. [A217]

" Nasij. Clothe fabric. Fabric of silk with gold stitching or brocade26[B222]

" Al-Nasärä, "the Christians" (Sing. "nasräni '), "Nazarenes". An Arabic name for Christians. Today the formal name is "Masihiyyhn", from "Masih" (Messiah), a usage established by Christian missionaries. 27[A215]

" Qadi. A judge in both civil and criminal law. There is now some division between secular and religious law and in this division the qadi deals with only religious matters, family law, and inheritance. The qadi is a Muslim scholar who must lead a blameless life and be conversant in sacred law. 25[B215]

23A Dictionary of Islamic Terms, p. 189; A Dictionary of Religious Terms, p. 186; Islamic Desk Reference, p. 275 f. 24 EI1: 3: 497. E12: 7: 60. 25 Lisan 8: 243 . al-Arab: 26 Dozy, Suplement: 2: 666. . 27The Concise Encyclopaedia of Islam, p. 298; Shortcr Encyclopaedia of Islam, p. 440 ff.; Islamic Desk Rcfcrenec, p. 67 f. 28 E1: 2: 606s. v. Kadi.

128 " Qassam. The person who applies the qisma. Qisma is the partition, which involves a 29 separation, in articles of weight measurement of capacity. It applies to join property

in whatsoever manner it is obtained acquired. It more immediately relates to the 30The distribution of inheritance. judge according to Hanafi law should refer to the 31 qisma if one of the partners request it. The magistrate must appoint a public

partitioncr (gassar) and appoint him a salary. The qadi must not compel the people

always to be the same person. The qadi must not compel the people always to accept one particular person as their partitioner because the transactions which pass between

the partners and the partitioner are a kind of contract and it is not lawful to compel

any person to enter into a contact. 32[B221]

" Qiyas. Comparison, deduction by analogy; one of the roots of the fiqh. Analogical reasoning of the learned with regard to the Quran, hadith and ijma33[B225]

" Raqiq (Also, "`Abd"), "slave". Islam has never preached the abolition of slavery as a doctrine, but it has endeavored to moderate the institution and mitigate its legal and moral aspects. Spiritually, the slave has the same value as the free man, and the same eternity is in store for his soul. The Holy Qur'än and the Tradition make the emancipation of slaves a meritorious act. 34[A221]

" Al-Ribä (From the root "raba ', "to grow, increase, exceed"). Usury or profit (interest) from the loan of money or goods, which is totally prohibited. To stay

29Hamilton, Hidaya: 565; Marghinani, Hidaya: 4: 41. 30Hamilton's commentary on the Hidaya: 565 31 Hamilton, Hidaya: 566; Marghinani, hidaya: 4: 41. 32 Hamilton, Hidaya: 566; Marghinani, Hidaya: 4: 42 33 Hughes, Dictionary: 482. EI: 2: 1051 kiyas. 34 Shorter Encyclopaedia of Islam, p. 1 ff.; The Concise Encyclopaedia of Islam, p. 373; Islamic Desk Reference, p. 420.

129 within the letter of the religious law and to soothe consciences, some banks today

offer the solution of muddraba "sleeping partnership"; this defines the placing of 35 capital as a co-investment. [A217]

36 " Al-Salaf Men of piety and faith in past generations. In the Islamic side the term

signifies the Companions of the Prophet (PBUH), the Followers, and their Followers. 37[A226]

Shirak. Straps. 38[A223}

("Polytheism", "Idolatry"). The Holy Qur' än " Al -M Ushikun uses this term in direct contrast to the profession of the Oneness of God and expressly declares polytheism to

be the sin for which Allah has no forgiveness. Tradition literature reflects the hostile

feeling against the polytheists "al-mushriknn", who in the law books are generally

regarded as outlaws. In a later period it was recognised that all unbelievers are not the 9 same and are not to be treated alike. [A215]

" Shubha. The resemblance of an unlawful act, which has been committed, to another, lawful one, and therefore, subjectively speaking, the presumption of a bona fides in the accused. Duress is widely recognised, particularity in the caseof drinking wine or unlawful sexual intercourse. Schacht, introduction. [A227]

35The Concise Encyclopaedia of Islam, p. 335; Silbiq, Al-Sayyid, Fiqh al-Sunna, vol. III, p. 281,284. 36Hughes, Dictionary: 561. 37Al-HarawY, Dhamm al-Kalffm Talkhis al-Suynti fi sawn al-Mantiq vol. I, p. 119; The Theory and the Practice of Market Law in Medieval Islam, p. 151. 38 Muhit: 2:319. 39 Islamic Desk Reference, p. 344; A Popular Dictionary of Islam, p. 231.

130 " Shuf'a. The power of possessing property which is for sale. It only applies to immovable property. it applies first to a co-owner, then to a sharer in the appendages

of the property (e. g. right of water), and then to a neighbour. 40 [B233]

" Tanbur. A musical instrument similar to the lute but having a long neck. The word is of Persian origin. 41[A244]

" Tatfif. Paying less for a commodity than it is worth. It can also mean any kind of 42 cheating in weights and measure S. [A2161

" Al-Tawba "Repentance". The word, often used in the Holy Qur' än, originally means "return" and is used either in connection with God, who turns with forgiveness to the penitent, or for someone who turns to God with repentance. Its validity depends on three conditions: a conviction, remorse and a firm resolution to abstain from sin in the

future. Sin being an offence against God, repentance is necessary for salvation. 43 [B2511

" Al-Tawrät, "the Torah": This term is used in the Holy Qur'än to denote a holy scripture revealed to the Prophet Moses "Mosä"(PBUH) after the time of Abraham "lbrähim" and Jacob "Ya`gnb" and afterwards confirmed by Jesus "`lsä". The Tawrät also contained a prophecy of the coming of the Prophet (PBUH). The Holy Qur' än (II: 75; V: 13) has mentioned that the real Tawrät was changed after the time

of Moses. 44[A248]

40 Hughes, Dictionary: 582. 41 Jawwaligi, Mu'raab: 223. 42 Lisan al-Arab: 11: 126. 43 Islamic Desk Reference, p. 374. 44 Ibid, p. 453.

131 " Al-Ta`zir, Discretionary punishment

"A punishment intended to prevent the culprit from relapsing. Many crimes, now punished by this, were counted as sins in the Holy Qur' än and for them there was no

badd punishment45. The kind and amount of ta`zir is left to the discretion of the

judge. 46 "'. 4B238j

" Ulamä' (Sing. "`dlim", "scholar"). It is used as a title for Muslim doctors of divinity

or law. They form the theocratic element of the government and their "fatwas" or decisions, regulate life. 48 [B220]

`Ummäl (Sing. "`dmil"). One of the meanings of this Arabic word is governors or rulers, whom the Caliph installed in the states of his Caliphate. The other meaning of this word is workers, labourers or workmen. It is also used to refer to the one who collects Sadaga, `Ämil. 49 [A216]

" Uquba. Punishment or chatisement, a legal terms for punishment inflicted at the

discretion of the magistrate. S°.[B216]

Wali. In ordinary use it can mean `protector, benefactor, companion', or' friend. In a religious connection the best translation would be `saint'. A person meriting this title

45 Hughes, dictionary: 655. 46 EI1: 4: 710. Farra, Ahkam: 263-8. 47 The Theory and the Practice of Market Law in Medieval Islam, p. 138. 48 The Theory and the Practice of Market Law in Medieval Islam, p. 136. 49 Al-Misbäb al-Munir, vol. II, p. 588; Mukhtär al-§it 5, p. 455. 50 Huges dictonary: 655. ,

132 is thought to be free from passion, have influence with God, and be able to work

miracle51 [A213]

" Wuzir' A title of minister and of dignitaries in several Near Eastern kingdoms. The office of minister to the Caliph developed in power, especially in the period of the `Abbdsids under the . The Arabic word today has the senseof a minister in

a government. 52[A213 ]

" Yawm al-Qiydma, the Day of Resurrection The cataclysmic events and upheavals of this day are frequently and graphically described in the Holy Qur'än. This day also

has many other names, some of which are (Yawm al-Hislib) the day of judgement and (al-Yawm al-'Äkhir) the last day. Yawm al-Qiydma and its events constitute the 53 necessary beliefs, which determine the content of the Muslim faith. [B223]

54 " Za`farän "Saffron". A certain dye and perfume. [B241]

" Zind The Arabic word means both adultery and fornication. The Holy Qur' än, the Tradition and Muslim law forbid any sexual intercourse between persons who are not

in a state of matrimony. 55 It requires the testimony of four witnesses before 56 punishment can be administered. [B253]

31EI. 1:4: 1109. 52Lisän al-'Arab, vol. VI, p. 4824; Islamic Desk Reference, p. 477; Al-Mu`jam al-Wasit, vol. II, p. 1028; A Popular Dictionary of Islam, p. 258. 53 Islamic Desk Reference, p. 374; A Popular Dictionary of Islam, p. 260. sa Lisän al-'Arab, vol. III, p. 1833; Mukhtär al-$ihäl), p. 272; Arabic-English Lexicon, vol. I, p. 1231. 55 Islamic Desk Reference, p. 103 f.; A Popular Dictionary of Islam, p. 265.

133 II. A glossary of selection of Scholars mentioned in the manuscripts.

" `Abd Allah b. Mas'Ud: A well-known Companion of the Prophet (PBUH) and an early convert. His name was `Ahd Allah h. Mas`nd h. Ghäfil h. Harh, Abu `Ahd al-Rahmiln. He was the first one to recite the Quran aloud in Mecca. He became an administrator in Kufa. During the Caliphate, `Uthmän b. `Uaffän, he travelled to Medina, where he died

in 32 A. H. / 653 A. D. when he was 60 years of age. He narrated 848 Hadith in the Prophetic Tradition books. 57 [B225]

" Abd Allah b. `Umar: One of the Companions of the Prophet (PBUH) and the son of `Umar h. al-Khattäh, the second Caliph. His name was `Abd Allah b. `Umar h. al- Khattäb al-`Adawi, Abü `Abd al-Rahmän. He was one of the noblest pre-Islamic Qurashi families. `Abd Allah was a man of high moral qualities who refused to become Caliph, after the killing of `Uthman. He was horn in Mecca in 10 B. H. / 613 A. D., and died 58 there in 73 A. H. / 692 A. D. He narrated 2637 Hadith in the Prophetic Tradition books.

[A240]

" Abü Bakr al-ý iddiq: The first Caliph, who held together the Muslim community after the death of the Prophet (PBUH). His name was `Abd Allah b. Abii Quhäfa `Uthmdn b.

`Amir b. Ka'b al-Tamimi, al-Qurashi, Abü Bakr. Originally a rich merchant of Mecca he was the second, after Khadija, to believe in the mission of the Prophet, and accompanied the Prophet (PB UH) on his Hijra from Mecca to Medina. Celebrated as being the closest personal friend of the Prophet and as having an unswerving loyalty to him and an unshakeable belief in every aspect of the Prophetic mission, he was known as the faithful

56 EI1: 4: 1227. Hghes, Dictionary: 713. 57 1iilyat al-Awliy3', vol. I, p. 124 ff.; Al-Isäba fi Tamyiz al-ýahäba, vol. IV, p. 129 ff.; Ibn al-Athir, 'Usd al- Ghaba fY Ma'rifat a1-Sahaba, vol. III, p. 256 ff.; The Concise Encyclopaedia of am, p. 173 if. 58 Hilyat al-Awliyii', vol. 1, p. 292 ff.; Al-Tsäha, vol. IV, p. 107; 'Usd al-Ghäha, vol. ITT,p. 227 ff.; Al-A'11m, vol. IV, p. 108.

134 (al-$iddiq). he was born in Mevva in 51B. H. / 573 A. D. and died in medina in 13 A. H. / 634 A. D. 59 [B224]

" Abu- Däwnd: One of the greatest Tradition scholars in his time. His name was Sulaymän h. al-Ash`ath b. ishäq b. Bashir al-Asdi, al-Sajistäni, Abu- Däwüd. His book, "al-Sunan",

is one of the six famous Tradition books. He was born in 202 A. H. / 817 A. D. He was originally from Sajistiln. Beside his book "al-Sunan" he wrote many books such as "al- 6° Mariisil", "Kitäb al-Zuhd" and "al-Bath". He died in al-Basra in 275 A. H. / 889 A. D.

[A232]

" Abti Ilanifa: The founder of the Ilanafi School of Law, which today has the largest following among the Muslim community. He was one of the great jurists of dm, and one of the historic Sunni Mujtahids. His name was al-Nu`mdnb. Thdbit al-Tamimi, al-Ku-fi, Abn Iianifa. He was one of the four Imams of the Sunna. He was born in al-Küfa in 80 A. H. / 699 A. D. and grew up there. He studied with J`far al-Sddiq in Medina, as well as

with other teachers elsewhere. He died in Baghdad in 150 A. H. / 767 A. D. He refused to 61 be a judge (gddi) more than one time, because of his extreme fear of Allah. [A221]

" Abü Hurayra: A Companion of the Prophet (PBUH). His name was `Abd Allah, (or `Abd al-Rahmiln) h. 5akhr al-Dawsi. He was known as Ahü Hurayra, because He was very fond of cats and always kept a kitten with him. Abü Hurayra had a very good memory and lived close to the Prophet (PBUH), so he is considered to be a source of more Hadith than any other individual. He was horn in 21 B. H. / 602 A. D., and grew up orphaned. He

59Iiilyat 1, 28ff.; A1-Isäba, IV, 101 ff.; Usd IIl, 205 ff.; Al-A "läm, al-Awliyä' , vol. p. vol. p. al-Ghäba, vol. p. vol. IV, p. 102. 60 Tabagät al-Huff ä?, P. 261 f.; Mu'jam al-Mu'allifin, vol. IV, p. 255; A1-A`läm, vol. III, p. 122. 61 Ibn al-'Imäd, Shadharät al-Dhahab, vol. II, p. 229 ff.; Tabagät al-Huffäz, p. 73 f.; Siyar A'läm al-Nubalä', vol. XI, p. 390 ff.; The Concise Encyclopaedia of am, p. 19 f.

135 converted to Islam in 7 A. H. / 628-9 A. D. He narrated 5374 Iladith in the Prophetic Tradition books. He died in Medina in 59 A. H. / 679 A. D. 62 [A232]

" Abn Musa al-Ash`ari: A Companion of the Prophet (PBUH). His name was `Abd Allah b. Qays b. Salim b. Hadar b. Ilarb, Abn Müsä, from Bani al-Ash'ar, in Qahtan. At the

advent of Islam, be came to Mecca and acceded to Islam. He was a govenor of al-Basra by `Umar b. al-Khattab in 17 A. H. / 638 A. D., and then al-KUa by `Uthman b. `Affan. He was bom in 21 B. H. / 602 A. D., and died in al-Knfa in 44 A. H. / 665 A. D. He 63 narrated 355 Iladith in the Prophetic Tradition books. [A223]

" Abn Said al-Khudri: A Companion of the Prophet (PBUH). His name was Sa'd b. Malik b. Sinam al-Khudri al-Ansari al-Khazraji, Abn Said. He narrated many Iladith, because he lived close to the Prophet (PBUH). The number of Hadith he has narrated in the Prophetic Tradition books is 1170. He was bom in Medina in 74 A. H. / 693 A. D. 64

[B225]

" AbU 'Ubayda b. al-Jarrah: A famous Companion of the Prophet (PBUH) and one of the ten to whom Paradise was promised. His name was `E1mir b. al-Jarrah b. Hiläl al-Fahri, al-Qurashi, AN `Ubayda. He embraced am very early and distinguished himself by his bravery and unselfishness, on account of which the Prophet named him a]-Amin. He accompanied the Prophet (PBUH) on all his battles. He was the commander of the Muslim army, which conquered Syria (al-Sham). He was bom in Mecca in 40 A. H. / 584

A. D. and died in Syria in 18 A. H. / 639 A. D. 65 [B251]

" Abu Yusuf Ya'qub b. Ibrahim al-Ansari: One of the founders of Hanafi school of low. He was appointed qadi to Bagdad and held this appointment until his deth. His treatise on

62 I;Iilyat al-Awliyä', vol. I, p. 376 ff.; The Concise Encyclopaedia of am, p. 20; Al-A'läm, vol. III, p. 308. 63 lilyat al-Awliyd', vol. I, p. 2156ff.; Al-Issba fi Tamyiz al-ýahdba, vol. IV, p. 119; 'Usd al-Ghdba, vol. V, p. 309 ff.; Al-A'läm, vol. IV, p. 114. 64 Hilyat al : Awliyä', vol. I, p. 369 ff.; Tahdhib al-Tahdhib, vol. III, p. 416 f.; 'Usd al-Ghäba, vol. V, p. 211 I. 65 liilyat al-Awliyä', vol. I, p. 100 ff.; Al-Isdba, vol. IV, p. 11 ff.; Shorter Encyclopaedia of am, p. 12.

136 pulic finance, taxation, criminal justice and other subjects is entitled Kitab al-kharaj. he died in 1821798-9.66[B224]

" Ahmad b. Hanbal al-Shaybani: the eponym of the Hanbali school of low. he was whipped durring the caliphate of A1-163-2411780-1-855-6. Ma'mun becouse of the crisis over 67 whether the Quran was created or not. [B224]

" `A'isha: The daughter of Abn Bakr, and the favorite wife of the Prophet (PBUH). Her

name was `Ä'isha bint Abn Bakr al-ýiddiq, `Abd Allah b. `Uthmdn. As a wife of the Prophet she had the title ' Umm al-Mu'minin (Mother of the believers). She was born in

Mecca in 9 B. H. / 613 A. D. `A' isha was betrothed to the Prophet at the age of six or seven, after the death of Khadija. The marriage was consummated after the Hijra. She

was eighteen when the Prophet (PBUH) died. Towards the end of her life she was often consulted on matters of Hadith and Sunna. She died in Medina in 58 A. H. / 678 A. D.

She narrated 2210 Hadith. 68 [B247]

" All b. Abu Pilib: A member of the house of Häshim, cousin of the Prophet (PBUH), who

was to become his son-in-law, and eventually the fourth rightly guided Caliph. His name

was `Ali b. Abu Tdlib b. `Abd al-Muttalib al-Häshimi, al-Qurashi, Abu al-Hasan. One of

the first converts to äm. He became a Caliph after the killing of `Uthmän b. `Affän in 35

A. H. / 656 A. D. He was horn in Mecca in 23 B. H. / 600 A. D. and killed by `Abd al-

Rahmdn b. Maljam in 40 A. H. / 661 A. D. He narrated 586 Hadith from the Prophet (PBUH). 69 [B222]

66 EI2: 1: 164 67Sifat al-safwa: 1: 336 E12: 1:272 68 A1-Isäba, vol. VIII, p. 139 ff.; Ibn Sa'd, The Women of Madina, p. 43 ff.; Malik, F. H., Wives of the Holy Prophet, p. 88 ff.; Kahhäla, U. R., A`läm al-Nisä', vol. III, p. 139 ff. 69 Iiilyat al-Awliyä', vol. I, p. 61 ff.; Al-Isäba, vol. IV, p. 269 ff.; 'Usd al-Ghäba, vol. IV, p. 16 ff.; The Concise Encyclopaedia of am, p. 33 f.

137 " Anas b. Malik: He was a personal servant of the Prophet (PBUH). His name was Anas b. Malik b. al-Nadr h. l? amdam al-Najjdri, al-Khazraji, a1-Ansäri, Ahn Thumilma, or Ahn Hamza. He was a known Companion, born in Medina in 10 B. H. / 612 A. D. After the Prophet (PBUH) died he moved to Damascus, then to al-Basra where he died in 93 A. H. 70 / 712 A. D. He narrated 2286 Hadith in the Prophetic Tradition books. [B250]

Asbagh: A great scholar of the Mälik School of Law from Egypt. His name was Asbagh h. al-Faraj h. Said h. NO'. He wrote many hooks. Asbagh died in Egypt in 225 A. H. / 840 A. D. 71 [A255]

" Al-Bayhagi: A well-known traditionist. His name was Alimad b. al-I lusayn b. `Ali, Abü Bakr. He was born in Bayhaq, in Naysäbnr, in 384 A. H. / 994 A. D. and grew up there. He travelled to Baghdad, al-Knfa, Mecca and many others. Al-Bayhagi was the author of many books, some of which are " al-Sunan al-Kubrä ' and "al-Sunan al-ý ughra '. He died in Naysäbnr in 458 A. H. / 1066 A. D. and his corpse was moved to Khusrawjird, his 72 village in Bayhaq, where it was buried. [A255]

" Al-Bukhäri: One of the greatest traditionists. His name was Muhammad b. Ismäi1 b. ihrähim h. Ahn `Ahd Allah. He born in Bukhärä in 194 A. al-Mughrra al-13ukhdr , was H. / 810 A. D. and grew up an orphan. In 210 A. H. / 825 A. D. he started a long journey

to collect the Iiadith of the Prophet (PBUH). He visited Khurasän, Iraq, Egypt and al-

Shäm collecting around 100.000 Hadith, and then chose the ones he trusted to put in his

famous book "al-Jämi` al-ýahih", which is the most important and trustworthy book in

Tradition "I Iadith". Al-Bukhdr is also the author of some other books, some of which

70 Al-Isäba, vol. I, p. 71. Siyar A`läm al-Nubald', vol. III, p. 395 ff.; Al-A`läm, vol. II, p. 24 f. 71 Tabagat al-Huff-z, p. 200; Mu'jam al-Mu'allifn, vol. II, p. 302; Al-A`1äm, vol. I, p. 333. 72 '.j'abagät al-I; iuffäz, p. 433f.; Al-A`läm, vol. I, p. 116.

138 are "al-Adab al-Mufrad" and "a1-Qu`afd"'. He died in Khartank, two parasangs from Samarqand, in 256 A. H. / 870 A. D. 73 [B244]

" Al-Hasan al-Basri: A Tabi'i who met many Companions of the Prophet. He was born in Medina and died 7421-110/641-2-728-9. in Basra. He was a well-known Sufi. [A254]

" Hdtib b. Abn Balta`a: A Companion of the Prophet (PBUH). His name was I iätib b. Abn Balta'a al-Lakhmi. He accompanied the Prophet on all his battles. The Prophet (PBUH)

sent him with his hook to al-Muqawqis in Egypt. He was born in 35 B. H. /586 A. D. and died in Medina in 30 A. H. / 650 A. D. 75 [B228]

" Ibn `Abbäs: One of the greatest Companion scholars, called "I; Iabr al-'Umma", the doctor of the nation, because of his doctrine of Quranic exegesis. His name was `Abd Allah b. `Abbäs b. `Abd al-Muttalib al-Qurashi, al-Häshimi, Abu al-`Abbäs. He was born in Mecca in 3 B. H. / 618-9 A. D. and grew up at the beginning of the time of the Prophethood, living close to the Prophet (PBUH), so that he narrated many Hadith from 76 him. He died in al-'['ä'if in 68 A. H. / 687 A. D. [B218]

" Ibn Habib: A scholar of Fiqh, history and literature from al-Andalus. His name was `Abd

al-Malik h. Ilahib h. Sulaymän b. Härnn al-Sulami, al-Ilbiri, a1-Qurtuhi, Abli Marawän.

He was originally from Tulaytila, from Bann Sulaymän or one of their slaves, born in

Mira in 174 A. H. / 790 A. D. He lived in Qurtuba and visited Egypt and then returned

to al-Andalus, where he died in Qurtuba in 238 A. 14. / 853 A. D. Thn Habib was an

eminent scholar of the Mäliki School of Law. He wrote many books in both Fiqh and

73 Tadhkirat al-Iluffä?, vol. H. p. 122; Tahdhlb al-Tahdhib, vol. IX, p. 41 ff.; Tabagät al-Iluffä?, p. 248 f.; Shorter Encyclopaedia of am, p. 65. 74 Arberry, Muslim saints-19 Gal: sup: 1: 102 75 Tahdhb al-Tahdhlb, vol. II, p. 147; 'Usd al-Ghäba, vol. I, p. 360 ff.; Al-A'läm, vol. II, p. 159. 76 Iiilyat al-Awliyä', vol. I, p. 314 ff.; Al-Isäba, vol. IV, p. 90; Tahdhib al-Tahdhb, vol. V, p. 242 ff.; 'Usd al-Ghäba, vol. III, p. 192 ff.

139 77 history, some of which are "Tafsir Muwatta' Mälik" and "I Iurnb al-äm". al-Abkäm'.

He died in 456 A. H. / 1064 A. D. 78 [b2311

" Ibn al-Mubarak, Abu Abdu al-Rahman al-Marwazi al-Hanzali 37A He died in 118/736- 7. He was very fond on tanbur playing until he saw in a dream the Quranic verses

inviting him to become a good beliver. After this he devoted his life to mysticism. 79

[B249]

" Ibn Rushd: An eminent jurist of the Mälik School of Law and the grandfather of Ibn Rushd al-Iiafid, the philosopher. His name was Muhammad b. Ahmad b. Rushd, Abu- al- Walid, known as "Ibn Rushd al-Jadd or Ibn Rushd al-Fagih". He was born in Qurtuba in

450 A. H. / 1058 A. D. Ibn Rushd wrote many hooks on Fiqh, some of which are "a]- Bayän wal-Tab il" and "Biddyat al-Mujtahid wa Nihdyat al-Mugtasid". He died in Qurtuba in 520 A. H. / 1126 A. D. 80 [A241]

" Ibn Sir-in: A Follower of the Prophet (PBUH) and one of great scholars of Basra. His name was Muhammad h. Sinn al-Basri a1-Ansari, Ahü Rakr. He was born in Basra in 33 A. H. / 653 A. D. His father was a slave of Anas b. Malik. He was known for his wide knowledge about the interpretation of dreams. He died in Basra in 110 A. H. / 719 A. D. 8' [A250]

" Ibn Wahb: A scholar of Hadith and Fiqh from Egypt. His name was `Abd Allah b. Wahb h. Muslim a]-Fabri al-Misri, AM Muhammad. He was born in Egypt in 125 A. H. /743 A. D. He was one of Mälik b. Anas' friends. Ibn Wahb was a trustworthy Memorizer

77 Tahdhb al-TahdhTb, vol. VI, p. 347 f.; Mu'jam al-Mu'allifin, vol. VI, p. 181; Al-A'läm, vol. IV, p. 157. 78 Ibn 11azm,Al-Final Ft- al-Milal wal-Ahwd' wal-Nihal, the Introduction, vol. I, p. 3 ff.; Tapagdt al-liuffa?, p. 436 f.; The Concise Encyclopaedia of am, p. 171. 79 GAL: Sup: 1:256 Arberry, Muslim saints: 124 ß° Mu'jam al-Mu'allifin, vol. VIII, p. 228; Al-A'läm, vol. V, p. 316 f. 81 lIilyat al-Awliyä', vol. II, p. 193 ff.; Tahdhlb al-Tahdhib, vol. IX, p. 190; Tabagät al-I; luffäz, p. 31 f.; Shadharät al-Dhahab, vol. H. p. 52 ff.

140 "Hdfiz", and was the author of (a1-Jdmi`) and (a1-Muwatta'), both are on Hadith. He died in Egypt in 197 A. H. / 813 A. D. 82 [A242]

" Jäbir b. `Abd Allah: A well-known Companion of the Prophet (PBUH). His name was Jäbir h. `Abd Allah h. `Amr b. Haräm, al-Khazraji, al-Ansäri, al-Salami. He fought in

nineteen battles and narrated 1540 Hadith in the Prophetic Tradition books of al-Bukhdr 83 and Muslim. He was born in 16 B. H. / 607 A. D. and died in 78 A. H. / 697 A. D.

[B257]

" Malik b. Anas: The founder of the Malik School of Law. His name was Malik b. Anas h. Malik al-Ashah i al-Himayri, Ahü `Ahd Allah. He was horn in Medina in 93 A. H. / 711 A. D. He received Traditions from Sahl b. Sa'd, who was one of the last surviving Companions. Malik studied with Ja'far al-ýddiq, the great scholar and descendant of the Prophet (PBUH). One of his famous books is al-Muwatta', which is the earliest collection 84 of Hadith, and the first book of Figh. He died in Medina in 179 A. H. / 795 A. D.

[A2261

" Muadh b. Jabal b. Amru: He taught hadith to Abd al-Rahman b. Ghanam andMasruq. he 639-4085[B2341 died of bubonic plague. 19bB 20BH - AH 18/603-4 -

" Muhammad b. `Ali al-Tirmidhi: A scholar of Tradition and theology from Tirmidh. His

name was Muhammad b. `Ali b. al-Ilasan b. Bishr, Abli `Abd Allah, known as " al-

Ilakim a]-Tirmidhi '. He was the author of many hooks, some of which are "Nawädir al-

82 Tadhkirat al-Iiuffäz, vol. I, p. 279; Iiilyat al-Awliyä', vol. VIII, p. 324 ff.; Tahdhib al-Tahdhib, vol. VI, p. 65 ff.; Mu'jam al-Mu'allifin, vol. VI, p. 162. 83TahdhTh al-Tahdhib, vol. IT, p. 37 f.; Al-A'läm, vol. II, p. 104. 84 Hilyat al . Awliyä', vol. VI, p. 316 ff.; Tahdhib al-Tahdhib, vol. X, p. 5 ff.; Siyar A`läm al-Nubalä', vol. VIII, p. 48 ff.; Tabagät al-IIuffäZ, p. 89 f.; Al-A'läm, vol. V, p. 257. 85 Tadhkirat al-hiiffaz: 1: 19 7.irikli: 8: 166 Sifat al-safwa: l :4R9 - 502

141 'Usnl fi Ahädith al-Rasnl" and "al-Riyäda wa Adab al-Nafs". He died around 320 A. H. / 932 A. D. 86 [A251]

" Muhamad b. al-Hasan al-Shaybani: An outstanding Hanafi scholar who studied figh with Abu Hanifa. He composed many works on Hanafi law. When the word Muhammad

occours in the books of Hanafi lwa it always means this man. He was appointed as qadi

in Raqqa by al-Rashid. 5B 131 or 135 - 189/748 or 752-3-804-5. [B224]

" Al-Nakh'i, Ibrahim b. Yazid: A well-known faqih of Kufa who also narrated hadith. He 88 died while hiding from Hjjaj. 42 A 46 - 96/666-7-714-5 [A223]

" Nasr b. Muhammad al-Marwazi: whose real name was Muhammad b. Nasr al-Marwazi 66A 202-294/817-9-906-7. A friend of Abu Hanifa and eminent traditionist and

theologian. He composed many treaties, incluing one concerning the differences of 89 opinion betwen Abu Hanifa, Ali, and Ibn Masud. [B224]

" Sa'd b. Abu Waqqas b. Malik b. Kilab: He entred in Islam at the age of 17.53A 23 BH-AH 90 55/599-600-674-5 He became a great army general and aCompanion of Prophet.

[B240]

" Said b. Jubayr: A great scholar of the Followers "al-Täbi`nn". His name was Said b. Jubayr al-Asadi al-Knfi, Ahn `Abd Allah. He was originally from al-llahasha. He was

86 Tabagät al-? uffäz, p. 282; Mujam al-Mu'allifin, vol. X, p. 315; Al-A`läm, vol. VI, p. 272. 87Luknawi: 6: 163 Qutlubugha: 54 GAL: Sup: 1:288-9 88Sifat al-safwa: 3: 86 Ibn S'ad, Tabaqat: 6: 270 Tadhkirat al-huffaz: 1:73 89Tahdhib al-tahdhib: 9: 489 GAL: Sup: 1:258,305 Sifat al-safwa: 4: 147-8 90Sifat al-safwa: 1:356-61

142 born in 45 A. H. / 665 A. D. and murdered by al-Hajjäj in Wäsil in 95 A. H. / 714 A. D. 91 He was educated by `Abd Allah b. `Abbäs and Ibn `Umar. [B250]

" Said b. al-Musayyab b Hazn: An eminent narrator of hadith and an outstanding faqih from Medina. He transmitted 29B 13-94/634-5-712-3hadith from Uthman and Ali. He is have Qatade b Di'ama b. Qatada 92 [B228] reported to met .

" `Umar b. `Abd al-`Aziz: He was an Umayyad Caliph after Sulaymän b. `Abd al-Malik. His name was `Umar b. `Abd al-`Aziz b. Mrawän b. `Abd al-IHakam al-'Umawi al- Qurashi, Abu IIafs. He was known with the justice in his rule as his grandmother, `Umar

b. al-Khattdb, so he was sometimes called "the fifth rightly-guided Caliph". He was born in Medina in 61 A. H. / 681 A. D. and grew up there. He was made a governor of Medina by al-Walid b. `Abd al-Malik, and al-Sham by Sulaymän b. `Abd al-Malik. 'Umar b. `Abd al-`Aziz became a Caliph in 99 A. H. / 718 A. D. and continued until he died in 101 A. H. / 720 A. D. 93 [A229]

" `Umar b. al-Khattdb: A well-known Companian of the Prophet (PBUH) and the second rightly-guided Caliph. His name was `Umar h. al-Khattäh h. Nufayl al-Qurashi a]- `Adawi, Abil Ilafs. He was resolute, strong-willed and courageous. 'Umar converted. to Islam about five years before the Prophet's Migration (al-Hijra). He was the first to be called Amir al-Mu'minin, and known to he a just man. He was horn in 40 R. H. / 584 A.

D. and murdered with a knife in 23 A. H. 1644 A. D. by Ab11 Lu'lu'a, the slave of al- Mughira b. Shu'ba, while he was praying al-Fajr with Muslims in the Prophetic Mosque. 94 [B214]

91 Hilyat al-Awliyä', vol. IV, p. 272 ff.; Tabagät al-IIuffäz, p. 31; Siyar A`läm al-Nubalä', vol. IV, p. 321 ff.; Al-A'läm, vol. III, p. 93. 92Tadhkirat al huffaz: 1:56 Hilyat al-awliya: 3: 161-176

93 I;iilyat al-Awliyä', vol. V, p. 253 ff.; TahdhYb al-TahdhYb, vol. VII, p. 475; Tabagät al-l; Iuffäz, p. 46; Shadharät al-Dhahab, vol. II, p. 5 ff.; A1-A'läm, vol. V, p. 50.

143 " Uthmän b. `Affän :A famous Companian of the Prophet (PBUH) and the third rightly- guided Caliph. His name was `Uthmän h. `Affän h. Ahn al-`As h. 'Umayya a]-Qurashi. He was one of the ten Companians to whom Paradise was promised. `Uthmän was called Dhn al-Nnrayn because he had, at different times, married two daughters of the Prophet (PBUH), 'Umm Kulthnm and Ruqayya. He became a Caliph after 'Umar h. al-Khattäb was killed in 23 A. H. / 644 A. D. `Uthmän was born in Mecca in 47 B. H. / 577 A. D. 95 and murdered in Medina in 35 A. H. / 656 A. D. [B254]

" Zayd b. Thabit b. al-Dahhak: A Companion of the Prophet and one of the scribes who the Quran He 92 hadith in Sahihayn. wrote . narrated which ae all recorded the 11 BH - AH 45/621-3-665-6 96 [B225]

94 AI-Isäba, vol. IV, p. 279 f.; Ililyat al-Awliyä', vol. 1, p. 38 ff.; The Concise Encyclopaedia of am, p. 407 f. 95 Al-Isäba, vol. IV, p. 223 f.; Hilyat al-Awliyä', vol. I, p. 55 ff.; A1-A`ldm, vol. IV, p. 210. 96Sifat al-safwa : 1:704-707 Zirikli: 3: 96

144 Table of Mamluk sultans who ruled from the time of al-Ndsir Muhammad until the end of Bahari Mamluk's State in 792 A. H. /1390 A. D. *

Mamluk rulers A. H. A. D. Time

693 694 Al-Näsir Muhammad (first time) - 1293 - 1294 1 year 696 [1294 Al-'Adil Zin al-Din Kutbugha 694 - - 1296 2 years [1296_ A1-Mansür Husäm al-Din Läjin 696 - 698 1298 2 years 698 Al-Näsir Muhammad (second time) - 708 1298 - 1308 10 years Al-Muzaffar Baybars 708 709 1308 1309 1 al-Jäshankir - - . year

Al-Näsir Muhammad (third time) 709 - 741 1309-1341 32 years

Less Al-Mansür Abü Bakr b. a1-N4ir 741 - 742 1341-1341 than one year Less than A1-Ashraf 'Aläddin Kajak b. al-Näsir 742 - 742 1341-1342 one year Less than Al-Näsir Ahmad b. al-Näsir 742 - 743 1342 - 1342 one year 11342 Al-*d4 Ismä'il b. al-Näsir 743 - 746 - 1345 3 years

Al-Kdmil Sha`bän b. al-Näsir 746 747 1345 1346 Less than one - - year Al-Muzaffar Häji b. al-Näsir 747 748 1346 1347 Less than one - - year Al-Näsir al-Hasan (first time) 748 - 752 1347-1351 4 years Shcih Al-Sälih b. al-Näsir 752 - 755 1351 - 1354 3 years

Al-Näsir al-Hasan (second time) 755 - 762 1354- 1361 7 years

Al-Mansür Muhammad b. Häji 762 - 764 1361-1363 2 years

Al-Ashraf Sha`bän b. Husayn 764 - 778 1363 - 1376 14 years

Al-Mansür `Ali b. al-Ashraf Sha`bän 778 - 783 1376-1381 5 years

Al-Sälih Häji b. al-Ashraf Sha`bän 783 - 784 1381-1382 1 year 784 Bargüq (from Burji Mamluks) - 791 1382 - 1389 7 years

Less than Al-Sälih Häji b. al-Ashraf Sha`bän 791 - 792 1389 - 1390 one year

See: Encyclopaedia of Islam, vol. VI, pp. 328 f., Shakir, Al-Tarikh al-Islami, Al-Ahd al-Mamluki, vol. VII, pp. 35 f., Al-Asr al-Mamaliki ii Misr wal-Sham, p. 392. BEST COPY

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