Contents:
The
contents of the Mudawwanah.
I)WIPING OVER SHOES AS PART OF
"WUDU"
II)PRAYERS
(AL-SALAT)
II)FASTING
(AL-SAWM):
IV)
ZAKAT
II)MARRIAGE
II)INHERITANCE
II)PENAL
LAW
The
vision (al-Ru'yah):
ACKNOWLEGEMENTS
Sincere
thanks are extended to Professor R.B. Sergeant for many helpful suggestions,
discussions and criticism, which he constantly rendered throughout the period
in which he supervised the writing of this research.
Special thanks are
due to many Ibadhi friends and scholars in the Ibadhi communities of North Africa for their hospitality and unrestrained
help. I am extremely grateful to the
owners of private collections of Mss. for free access to their valuable
libraries without which this work would have been impossible. Thanks are also
due to Sheikh Muhammad al-Salimi, and Salim al-Harithi of Oman for lending me many
valuable manuscripts, as well as all other friends who have helped me in one
way of another.
I would also like
to thank the Libyan Ministry of Education for providing me with a grant for the
duration of this research, and the Faculty of Arts, University of Libya, for granting me a study
leave in which to undertake this work.
My thanks are also due to Pr. Omar Shaibani, the president of the Libyan
Unv, Dr. Mansur Kikhya, Dean of the faculty of Arts and Mr. Abd al-Rahman
al-Sharidi, head of printing and publication dep. to whom I owe the publication
of this work in this excellent form.
GENERAL NOTES
"This work
was originally the English part of a thesis submitted to Cambridge University in 1971 for the Ph.D. D.
degree" The publication is made without any alteration. The Arabic texts of that thesis will be
published separate in due course.
The translation
adapted the previous work is the Middle East Center of Cambridge
University. The definite article, al- is
given always the small letters i.e. al-Wahab al-Shammakhi, etc., unless it is
the beginning of a sentence. For the
title of books, only the first letter of the title is given except when the
title contains names of more than one word; i.e. the original work and a
commentary, or summary of two works, i.e.
al-Wad wa al-hayah.
The footnotes are
given at then end of each chapter. As
most of the Mss. I used for this study have not been numbered before, I
numbered them in pages; therefore the references are made accordingly, except
where the Mss were already numbered in folics, the reference in this case being
made to folios distinguished by letters a and b. For the Qur'anic verses quoted
in this work, the author used the translation of the late Professor Arberry,
unless otherwise stated. The reference
was made to the original text of the Qur'an, the number of the Surah, and the
number of the 'Ayah and not to the translation.
For
the Abbreviation of the Periodicals, the
author adopted the abbreviations given in Index Islamicas (pp. xxix; -
xxx; 11, xxii – iii; xxiv-xxv).
PREFACE
Al-Ibadhiya, or
al-Ibadhiyah, is one of the earliest Islamic sects, the foundation of which
goes back to the first half of the first century H. The school took its name from Abdullah b.
Ibadh, one of its early theologians.
The name Ibadhiyah
applies to a Muslim group, which was considered by most writers as a moderate
branch of the Kharijite movement. The
adherents of this school still form a number of independent communities holding
a fast to its teachings. The largest of
this lives today in Oman and Muscat in Southeast Arabia. There are other minorities in Zanzibar of the East Coast
of Africa, in Jabal Nafusah and Zuwarah in Libya, in Jerba Island in Tunisia and in Wad Mzab
in Algeria.
Very little is
known about the Ibadhiyah, their doctrines, origins and development. Modern European scholars have made useful
contributions in the field of Ibadhi studies, but their studies were directed
mainly to the history of the Ibadhi communities or some aspects of their
present social and religious life. With
the exception of a few articles on Ibadhi theology, Ibadhi teachings in general
have not been dealt with seriously. The
studies conducted by European scholars on Ibadhism were based mainly on
historical sources. The vast Ibadhi
writings on jurisprudence and theology were not properly utilized. This was no doubt due to the difficulty of
access to such sources.
The earlier paper
on Ibadhi bibliography was presented by Motylinski in his article on
"Bibliographe du Mzab"* in which he listed the Ibadhi works given by
al-Barradi, adding his own notes and findings.
However he does not give specific locations of the Mss. he mentions, nor
does he give a satisfactory description of them with the exception of the
historical works. The value of this
study lies in the fact that it was the preliminary step, which facilitated
subsequent researches. The latest and
most useful list of Ibadhi work in Mzab was made by the late Professor J.
Schacht in his article "Bibliotheque et manuscript abadites" in which
he listed the extant Ibadhi Mss. in the private collections of Mzab, arranged
according to their subjects, giving the names of the collections and the
numbers of the Mss. The other lists of
Ibadhi collections of Mss. were complied by other modern scholars: A list of
the Ibadhi Mss. in Krakow in Poland made by Wladyslaw Kubiak, in his article
"al-Makhtutat al'arabiyah fi Polunia" in Majallat Ma;had al-Makhtutat
al-arabiyah; a list of the Ibadhi Mss. in the Oriental Institute of Naples,
made by Rubinacci, and also the description of the Ibadhi Mss. in Dar al-Kutub
or Cairo, made by the late Fu'ad al-Saiyid in the Catalogue of Dar al-Kutub.
During the course
of this study I made two tours to the Ibadhi communities in North Africa in search of Mss. and material for my
work. The first tour was during June -
September 1968, and the second was during November - December 1969. Being myself an Ibadhi, it was easier for me
to obtain access to private libraries and collections of Mss. than for
non-Ibadhis. To my surprise, most of the
important Maghribi works, including those which were thought to be lost, were
still extant and in good condition.
Moreover, there is still great hope for future discovery in this
field. A description of some of the new
Mss. discovered on my first tour has been published in the Journal of Semitic
Studies. It is hoped that a complete
list with a full description of all the Mss. I have examined will be made in
the near future.
The region, which
has not yet been fully explored and is no doubt a place where even more
valuable Ibadhi Mss. are likely to be found, is Oman, which requires special
attention from students of Ibadhi matters.
I myself was unable to visit Oman, but was provided by
some early works on jurisprudence and standard Sirahs of early Ibadhi
authorities which were or great help in the study on the origins of the Ibadhi school and its relations to the early opposition movements
in Islam.
Oman, being a major center of
the Ibadhis and the Ibadhi imamate, received close attention from European
scholars, an account of which has already been given by J. Wilkinson in his D.
Phil. thesis on The Arab Settlement in Oman, Oxford, 1969, and which I
therefore do not propose to treat here.
However, what seems still to be needed as far as Oman is concerned,
though it would not be easy to achieve, is the discovery of more material which
would undoubtedly help in forming a clear picture of the Ibadhi school and its
development in all Ibadhi areas. For,
most of the early Ibadhi authorities moved from Basra to Oman, where strong
Imamate was founded and which provided a more congenial atmosphere for those
scholars to develop their views and contribute to other Ibadhi countries, but
the original material of the Ibadhi doctrine in its early period may well be
preserved in Oman, and the likelihood of making important findings there is quite
feasible.
European scholars
also paid close attention to the Ibadhis of North Africa. Masqueray, who translated the Sirah of Abu
Zakariya al-Warijlani into French, started their studies. His work attracted the attention of other
scholars who contributed to Ibadhi studies in different fields. In the field of history, Motylinski, in his
article on the Ibadhi books, presented full tables of contents of the Ibadhi
works on the biographies of the Ibadhi Sheikhs; the Sirah of Abu Zakariya; the
Tabaqat of al-Darjini; al-Jawahir of al-Barradi, and the Siyar of
al-Shamaakhi. He later edited and
translated into French the history of Ibn al-Saghir al-Maliki on the Rustamid
Imams. Full reviews of these Ibadhi
sources appeared later. Lewicki made
reviews of both Tabaqat of al-Darjini, and the Siyar of al-Shammakhi, and
Rubinacci reviewed K. al-Jawahir of al-Barradi.
Lewicki, also, possessing a copy of the Siyar of al-Wisyani, published a
series of articles using material from al-Wisyani and the other Ibadhi historical
works. These cover a number of topics
concerned with Ibadhi studies and with Ibadhi communities in their various
countries, especially North Africa,
their intellectual life and commercial and political activities. His studies appear to be the most
satisfactory of those so far discussed despite a few minor points where he was
misled mainly because of the lack of material.
Brief historical accounts of the Ibadhis of North Africa were given
first by Strothmann in his article "Berber und Ibaditen," then a
fuller account of the Ibadhis, together with the other Kharijites in north
Africa, was presented later by Chaikh Bekri in his article "Le Kharijisme
Berber" The Ibadhi sources were used recently by the Italian scholars in
the study of the early political conflict in Islam, notably by Vaglieri for an
account of the conflict between Ali and Muaawiyah, and by Rubinacci for an account of the relation between the Ummayad
Caliph 'Abd al-Malik b. Marwan and the Ibadhis.
Western scholars
also dealt with the Ibadhi theology in a number of articles. These appeared after Motylinski presented a
French translation of the Ibadhi creed of Amr b, Jumai; i in the year
1905. Nailino afterwards wrote his notes
on what he considered to be a Mu'tazili influence on Ibadhi theology. Marino followed up this line of study in his
article "Note de teologia ibadita".
In this field, the Polish scholar Smogorzewski wrote an article on difference
between Ibadhis and Malikis based on a few lines of verse by an anonymous
Ibadhi "Un poeme abadite sur certaines divergence enterlest Malikites et
les Abadites". Lewicki on his part
wrote an informative article on the subdivisions of the Ibadhiyah. There is also a study of the Ibadhi creed of
Abu Zakariya' al-Jannawni with an Italian translation and an examination of its
relation to other Islamic sects by Rubinacci.
Ibadhi
Jurisprudence has not been dealt with seriously up to the present time. A few articles have appeared in which minor
aspects of this subject were treated.
There is the article by Rubinacci "La purita rituale secondo gli
Ibaditi" in which the presented a comparative study of the subject
al-taharah, in Ibadhi and other Islamic schools. There is also an article dealing with the
authorities who transmitted the Ibadhi doctrine in North Africa written by Crupi La Rosa in Italian, and
based on the work of the modern scholar, 'Abdullah b Yahya al-Baruni, Sullam al-ammah wa al-mubtadi'in. In French there is the work of Goichon on
"La vie feminine au Mzab", and also the work of Milliot,
"Recueil de deliberations des djema'a du Mzab" in which some points
of Ibadhi law were touched upon.
Few other articles
were directed to the study of the Ibadhi organization of the 'Azzabah. There is the article of Lewicki on al-Halka and
also the article of Rubinacci, "Un antico documento di vita cenobitica
musulmana" which deal with the rules of the Halqah. There were the main works on Ibadhi studies
concerned with the Maghribi Ibadhis in the European languages. Few notes are to be found where the subjects
of the early sectarian movements of Islam were studied, for all European
scholars include Ibadhis among the Kharijites.
As for non-Ibadhi
Muslim scholars, they always regarded Ibadhis as extreme Kharijites and
heretics, and did not pay any serious attention to studying Ibadhi doctrine and
forming a clearer image of the Ibadhi School. It was only recently that the Ibadhi School was included
among the Islamic schools represented in the new Encyclopaedias of Islamic law
appearing in Egypt and Kuwait. This interesting event came about as a result
of the continuous Ibadhi activities directed towards gaining better
understanding from the neighbouring Muslims.
These activities were started by Sulaiman Basha al-Baruni of Jabal
Nafusah, who was an active Muslim politician and played a major part in the
fighting against the Italian invaders of Libya in 1911. Interest of the Muslim in the Ibadhi affairs
was aroused by the part which al-Baruni played together with the Ibadhis of
Jabal Nafusah in the war against Italy, his firm loyalty
to the Ottoman Empire and his hard struggle for the Muslim
cause. He stood for better understanding
between Muslims, and was one of the earliest voices to invite Muslims to forget
the differences caused by conflict of opinion among the (ÇáãÐÇåÈ )original masters of their
Schools.
and to return to the direct judgement of the Qur'an and the
Sunnah. The prestige which was
established by al-Baruni in international Muslim circles through his heroic
struggle against Western colonial invasion brought appreciation for the Ibadhi
contribution to Islamic unity, which was the slogan of most Muslim leaders at
the time, and paved the way for the Ibadhi views to be heard. In addition to Baruniyah Lithographic Press,
established in Cairo before the
beginning of this century, Sulaiman al-Baruni established his own printing
press during the early part of this century, and issued his newspaper al-Asad
al-Islami, in which he propagated his views and tried to give a clearer picture
of the Ibadhis. He also published a few
Ibadhi books by Omani and Maghribi authors, including his own work on Ibadhi
history, al-Azhar al-riyadiyah. The late
scholar Abu Ishaq Ibrahim Atfaiyish of Mzab afterwards followed the activities
started by al-Baruni in Egypt. He was exiled by the French from Algeria and settled in Egypt, where he issued
his journal, al-Minhaj, and participated in editing and publishing the works of
the modern Ibadhi scholar Muhammad b. Yusuf Atfaiyish, and some works of the
Omani scholar al-Salimi. He was, during
his long stay in Egypt, an unofficial
representative of the Ibadhi school, defending and
propagating Ibadhi views, and he was always ready for consultation on Ibadhi
studies. There can be no doubt that his contribution towards presenting a
clearer view of the Ibadhi School was of great
importance. This is much in evidence in his magazine, al-Minhaj; in his notes
on the works he edited and in his notes on the parts of E.I. translated into Arabic,
in which he tried to correct euphonious views on the Ibadhiyah.
Similar activities
took place in Tunisia
and Algeria
through the leaders of Hizb al-Islah of Mzab who joined in the activities of
al-Hizb al-Dusturi of 'Abd al-Aziz al-Th'alibi.
Among the leading Ibadhi personalities who played an important part in Tunisia were the late
Muhammad al-Thamini, originally from Mzab, who established a Bookshop in Tunis, and participated in
publishing and circulating Ibadhi literature, and the late Sheikh Sulaiman
al-Jadawi of Jerba, who was the editor of the well-known paper, Murshid
al-'Ummah. The leading figures of the
parallel activities in Algeria were Abu al-Yaqzan Ibrahim, who issued about
eight different newspaper during the French rule, and Sheikh Baiyud Ibrahim B.
'Umar who is responsible for the modern reformist movement in Mzab, and it
schools and institutions. Both men were
active members of Jam'iyat al-'Ulama and personal friends of the leading Sunni
scholars of the Jam'iyah. They were all
sincere in their aim of seeking better understanding with the neighbouring
Sunnis. This movement, which was largely
inspired by al-Baruni and his approach, relaxed the bitter attitude of
opposition to the Ibadhis in their different communities, and provided a better
atmosphere for the Ibadhis to present their views in a moderate way. The latest contribution in this field has
been made by 'Ali Mua'ammar of Jabal Nafusah, Libya, who recently published
a number of volumes under the title, al-Ibadhiya fi mawkib al-tarikh, planning
to present a general study of the Ibadhis in their various countries. He also published other works dealing with
legal and religious matters. The other
scholar is Muhammad 'Ali Dabbuz of al-Qararah, Mzab, who undertook to rewrite
the history of the Maghrib from the Ibadhi point of view. Up till now he has
published seven volumes he dealt with the early history of the Maghrib. The other volumes were devoted to study of
modern Algeria,
Thawrat al-Jazair wa nahdatuha al-mubarakah. Both authors
were students of Sheikh Baiyud and were largely influenced by his reformist
views. Their works argue persuasively
and vigorously with Muslims that they should return to the Qur'an and the
Sunnah, and leave aside the causes of division resulting from following
opinions of later scholars affected by political differences. This was the Ibadhi contribution to the
modern Islamic attempt to restore the original Islam of the Book and the
Sunnah. This was the Ibadhi contribution
to the modern Islamic attempt to restore the original Islam of the Book and the
Sunnah. This trend which was propagated by Muhammad 'Abduh and his student
Rashid Rida, and followed up by the activities of their students, brought to
Ibadhis new hope for better understanding.
First it seemed to them that at last their Muslim adversaries had
started to realise what they (Ibadhis) had stood for from the beginning. The Ibadhis took part in this movement
throughout the political struggle for national independence in their different
countries, and stood side by side with their Sunni neighbours against the
invading powers. They tried always to
present their views and doctrines, to clear away the old misunderstanding and
release themselves from the traditional isolation in which they always lived
with regard to their Muslim neighbours.
The Ibadhi contribution to the Ibadhi studies branched into two
directions:
a) Providing
their own literature by edition and publishing old Ibadhi works, and adding new
contributions, in new writings to meet with the present requirements.
b) Presenting a clearer
picture of their views and history in order to gain better understanding from
non-Ibadhi Muslims.
As for non-Ibadhi
Muslims, there is no serious attempt yet on their side to study Ibadhism deeply
through its own sources. However, signs
of such attention to Ibadhi studies have started to appear in modern
universities through contemporary scholars who were no doubt directed towards
Ibadhi studies through the interest and contribution of the European scholars. Cairo University, where an Ibadhi student
Muhammad Hanbulah under the supervision of Muhammad Sallam Madhkur is
undertaking a comparative study of the laws of ownership in Ibadhi law and
modern canon law in Libya, is taking the lead in
this direction. There is no doubt that the originality of the subject and the
possibilities it offers for new lines of research will encourage more studies
in the future.
The object of the
present study is to provide a clearer picture of the Ibadhi School based on original but
newly discovered Ibadhi material.
Although in area this study is concerned with Ibadhism in North Africa,
it was essential to study the origins of the Ibadhi movement and its early
founders in Basrah, its relation to the Kharijite movement, its connection with
the early events of Islamic history and political development, the effect these
(two latter) had on the Ibadhi school with regard to its theological and
juridical views, then its expansion into North Africa. It is also aimed to present a clear view of
Ibadhi jurisprudence and theology; the points of agreement and disagreement
with the contemporary opposition movements and schools of law, and some
distinguishing features of the Ibadhi doctrine, namely the system of 'Walaya'
and 'Bara’ah', and the stages of the Ibadhi community. Three Ibadhi texts were edited as part of
this thesis to provide samples of Ibadhi literature covering the fields of
theology, jurisprudence, and the subject of Walaya and Bara’ah which falls into
both fields1.
The present study
is so far the first to be based on a large new