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II) Al-Diwan
al-ma'rud 'ala 'Ulama' al-Ibadhiyah:
During my search in Jerba, I
discovered two copies of this work. A third copy is possessed
by Dar al-kutub of Cairo.73 The Cairo copy comes originally from
Jerba. It is likely that Dar al-kutub, somehow, obtained its
copy from the Ibadhi collection of Mss. of Wakalat alJamus, a
trust (waqf) established for the Ibadhi students who go to Egypt
to study in al-'Azhar.
The work contains a number of
books relating to Ibadhi authorities, and it also contains
narrations from different authorities of Basrah, Kufah, and
Madinah concerning different topics of jurisprudence.
The title
given to this work in some parts of the Mss. is as written
above. The composer of the work is not known, but it is
suggested that it was composed by Abu Ghanim the author of the
Mudawannah, for many of the works contained in this large Ms.
Were narrated from the same authorities as the Mudawwanah.
The List
of Contents:
K. Aqwal Qatadah: seven parts.
The book contains mainly narrations from the 'successor' Qatadah
b. Di'amah al-Sadusi, on different subjects, legal and
religious.
Part i:
Mainly narrations relating to ablution and prayers.
Part ii: Narrations relating to
Zakat, fasting, beverages, and also narrations from al-Rabi' b.
Habib concerning marriage.
Part iii:
Marriage and divorce, and narrations from al-Rabi' b. Habib on
different topics.
Part iv:
Beverages, slaughtering of animals, hunting, etc.....
Part v: Narrations from 'Umar b.
Harim from Jabir b. Zaid on the subject of marriage.
Part vi: Narrations of Qatadah
dealing with sales, marriage, and pilgrimage. It also contains
narrations of 'Amr b. Dinar from Jabir b. Zaid on marriage.
Part vii:
Narrations from Qatadah on the subject of ablution.
After part vii, there follows K.
Jabir b. Zaid on prayers, narrated by Habib b. Abi Habib.75
Some copies include K. Jabir in part vii of Aqwal Qatadah.
The order of the books included
in these Mss. of al-Diwan al-Ma'rud differed from one to
another. The following are the existing works included in them,
or in some of them, regardless of their order in each one of the
Mss:
1)
Part I of 'Athar
al-Rabi', (Riwayat Dumam) 76
2)
Part II of Futya al-Rabi
b. Habib77
3)
K. Nikah al-shighar of
'Abdullah b. 'Abd al-'Aziz. 4 parts
4)
K. al-Nikah of Jabir b.
Zaid78
5)
K. al-Siyam, (fasting).
The book begins with the narrations of Abu al-Mu'arrij from his
teacher Abu 'Ubaidah in form of questions and answers. Then it
continues after the following title: bab 'ikhtilaf al 'Ulama fi
al-Siyam, presenting opinions of different scholars on the
subject, pointing out the opinions decided upon by the Ibadhi
Imams, especially Abu 'Ubaidah.
6)
K. al-mumtani'in min al-hudud
min al-Imam. In Cairo Ms. K. al-'Ummal wa man yali 'ala al-nas.
The book deals mainly with the subject of administration and the
duties of the Imams and the rulers and their relations with
their subjects. It seems that this book is part I of
K.al-'imamah, which deal with similar subjects, but is missing
in the Cairo Ms. And incomplete in the Baruniyah Mss.
7)
K.Kaffarat al-'aiman,
opinions ascribed to the Kufans.
8)
K.al-Wasaya, narrations
from Abu Ubaidah Muslim.
9)
K. al-Diyat
10)
K. al-Qismah wa Tafnin
Usuliha, opinions ascribed to the Kufans.
11)
K. al-Buyu'
12)
Abwab al-Hudad
13)
Al-'Ahkam
14)
K. al-Shur'ah wa Tafnin 'Usuliha
15)
K. al-fatwa al'ijarat,
opinions ascribed to the Medinese
16)
K. al-Qada' fi al-qirad,
sayings ascribed to the Medinese
17)
K.al-Qada' fi al-taflis
wa al-'uyub
18)
K. al-Diyat, opinions
ascribed to the Kufans
19)
K. al-Kafalat
20)
K. al-Wada'i wa al-'a'riyah,
sayings of the Kufans
21)
K. al-'A'riyah
22)
K. al-Shahadat
There is also the treatise of
Abu 'Ubaidah Muslim on zakat and K. Dhikr masa'il al-haidh wa
talkhisiha. The author of the latter work is not known, but it
appears that it was composed at a later period than the previous
works.
Apart from this last book, all
the material included in this large book is reported from early
Ibadhi authorities and covers all legal and religious problems
which occurred during the first two centuries of Islam. The
book also contained the current narrations on different subjects
from Kufan and Medinise authorities, all examined and criticised
by Ibadhi scholars of Basrah. A great deal of the material of
these works is reported from the same authorities from which Abu
Ghanim al-Khurasani recorded his Mudawwanah, a fact which
supports the view that the present work discussed here was also
recorded by Abu Ghanim. The final conclusion on this matter
needs further evidence. The discovery of a good complete Ms. of
this work would be of great help in this respect. |
