I)
Al-Mudawwanah by Abu
Ghanim Bishr b. Ghanim al-Khurasani:
There is certain evidence that
the Ibadhi views reached the area of Khurasan during the early
days of the Ibadhi movement.56 During the second century H.
emerged a number of Ibadhi scholars with the title Khurasani,
either by birth or residence, who participated in preserving and
recording the Ibadhi doctrine from Abu 'Ubaidah Muslim.57 Among
the scholars, though late in date, was Abu Ghanim, the author of
the Mudawwanah. He lived during the period between the
beginning of the second half of the second century H. and the
early decades of the third century H. (about 765-820 A.D.). He
studied in Basrah under the students of Abu 'Ubaidah, and
composed the Mudawwanah towards the end of the second century
H. He traveled to Tahert with a copy of the Mudawwanah and
presented it to the second Rustamid Imam, 'Abd al-Wahhab b. 'Abd
al-Rahman b. Rustam (d. 190/805).58 This journey to North
Africa took place towards the end of the second century H.,
during the rule of 'Abd al-Wahhab.
The Mudawwanah contains the
opinions and the narrations of the following Ibadhi scholars:
al-Rabi' b. Habib; Abu al-Muhajir Hashim b. al-Muhajir; Abu al-Mu'arrij
'Amr b. Muhammad; Abu Sa'id 'Abdullah b. 'Abd al-'Aziz; Abu
Ghassan Mukhallad b. al-'Amarrad; Abu Aiyub Wa'il b. Aiyub;
Hatim b. Mansur; Ibn 'Abbad al-Misri; and Abu Sufyan Mahbub b.
al-Rahil. All these men had studied under Abu 'Ubaidah in
Basrah. They were of different origins and later settled in
different places. Abu al-Mu’arrij was from Qudam in Yemen.60
Abu al-Muhajir Hashim b. al-Muhajir was from Hadramawt and
settled in Kufah.61 Ibn 'Abbad al-Misri came originally from
Egypt and, after completing his studies in Basrah, he went back
to Egypt, and included them in the Mudawwanah. Abu Aiyub Wa'il
b. Aiyub was from Hadramawt and settled in Kufah. Ibn 'Abbad
al-Misri came originally from Egypt and, after completing his
studies in Basrah, he went back to Egypt and settled there.62
On his way to Tahert, Abu Ghanim recorded some opinions, related
to Ibn 'Abbad, from the Ibadhis of Egypt, and included them in
the Mudawwanah. 63 Abu Aiyub Wa'il b. Aiyub was from
Hadramawt.64 He participated in the wars of 'Abdullah b. Yahya
al-Kindi in Yemen, and in establishing the Ibadhi Imamate of
Hadramawt, and was in the delegation sent to Mecca on the behalf
of the Ibadhi group who opposed 'Abdullah b. Sa'id, the Imam of
Hadramawt, to negotiate the split between the two Ibadhi groups
of Hadhramawt with the Ibadhi Imams of Basrah.65 Later he
settled in Basrah and became the head of the Ibadhi Shaikhs of
Iraq, after al-Rabi' b. Habib had left for Oman. 66 As for
Hatim b. Mansur, 'Abdullah b. 'Abd al-'Aziz and Abu Ghassan
Mukhallad b. al-'Amarrad, nothing is known about their origins,
but they lived in Basrah, studied with Abu 'Ubaidah and
contributed a great deal in the development of Ibadhi
jurisprudence, especially 'Abdullah b. 'Abd al-'Aziz.
Abu Ghanim recorded the
Mudawwanah from those above-mentioned scholars either through
hearing their opinions directly or by narrating them from
someone who had heard them. 67 The Mudawwanah is divided into
twelve books, (kutub), 68 each book containing a number of
chapters, ('abwab). The following are the Kutub of the
Mudawwanah:
(1)
The book of prayer, (al-salat)
(2)
The book of alms-tax,
(al-zakat)
(3)
The book of fasting, (al-sawm)
(4)
The book of marriage,
(al-nikah)
(5)
The book of divorce, (al-talaq)
(6)
The book of gifts and
presents, (al-hibah wa al-hadiyah)
(7)
The book of legacies,
(al-wasaya)
(8)
The book of blood-monies,
(al-diyat)
(9)
The book of beverages and
fixed punishments, (al-'ashribah wa al-hudud)
(10)
The book of testimonies,
(al-shahadat)
(11)
The book of sales, (al-buyu')
(12)
The book of decisions and
judgements, (al-'ahkam wa al-'aqdiyah)
The Ms. Which I am using for
this study adds another 'book' with the title: The book of
decisions and judgements (al-buyu' wa al-'aqdiyah)
The Mudawwanah covers all the
subjects treated by Ibadhi scholars in the golden age of Ibadhi
jurisprudence. It may be of some interest to mention here that
there is little in the Mudawwanah about the subject of
pilgrimage (Hajj), which usually is given much attention in
works of such nature as the Mudawwanah. However, the Mudawwanah
presented Ibadhi opinions and the arguments of Ibadhi scholars,
and their views concerning well-known differences in the
opinions held by Sunni scholars. The Mudawwanah gives a clear
account of the development of the Ibadhi jurisprudence in its
early times.
Ibadhi scholars paid great
attention to the Mudawwanah. Commentaries were written on it
both in Berber and Arabic.69 Some Ibadhi sources mention the
commentary of certain Abu al-Qasim b. Najid or Nasir.70 The
last of the commentaries on the Mudawwanah was made by Muhammad
b. Yusuf Atfiyish. He re-arranged the material of the book and
inserted his additions into the text. According to the present
day scholar of Oman, Muhammad b. 'Abdullah al-Salimi, this work
of Atfiyish is known as al-Mudawwanah al-Kubra, and the original
Mudawwanah of Abu Ghanim is distinguished by the name: al-Mudawwanah
al-Sughra.71 It is also alluded to in Ibadhi sources as al-Ghanimiyah.
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