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i) Abu Bakr
b. Abi Quhafah al-Taimi, the first Caliph.
ii) Umar b.
al-Khattab of B. Adiy, the second Caliph.
iii) Abdullah
b. Yahya al-Kindi, the founder of the first Ibadhi state in
South Arabia, i.e. Yemen and Hadramawt.
iv) Abu al-Khattab
Abd al-A’la b. al-Samh al-Maafiri, the first Imam of the Ibadhi
state in North Africa, (Libya and Tunisia).
v) Abd al-Rahman
b. Rustam al-Farisi, the founder of the Ibadhi state in Tahert,
and his successors:
vi) His son,
Abd al-Wahhab;
vii) Aflah b.
Abd al-Wahhab;
viii)Muhammad b.
Aflah;
ix) Yusuf b.
Muhammad.
Some scholars add
al-Julanda b. Masud, the Imam of the Ibadhi state of Uman.53
II)
‘Walayah
with the just ruler,’ walayat al-imam al-adil or
al-sultan al-adil:
This ‘walayah
is to be directed to the rulers, the officers who help them
to rule the country, and all Muslims under their rule. This is
known in Ibadhi writings technically as ‘walayat al-baidah’,
(baidah meaning the capital).54 So, in any country
which is governed by those who act according to the teachings of
the Quran, follow the law of the Prophet, commend the practice
of the Sunnah, refute heresy, and who are neither biased
towards their kinsmen, nor fanatical against foreigners, must be
taken as awliya”, and their country must be called, ‘land of
justice and good action’, dar al-adl was al-ihsan.
Every individual from that country merits ‘walayah’.55
III)
‘Walayah
with those converted to Islam from polytheism;’ this ‘walayah’
is their due for accepting Islam and professing there is no God
but Allah and that Muhammad is the Apostle of Allah. Some
scholars stipulate that the converted person must declare his
baraah from tyrants,56 regardless of whether he
was converted to Islam by an opponent Muslim or by an Ibadhi,
except in such case as when the Muslim opponent) was in error,
yet the convert nevertheless adopted that same error.57
IV)
‘Walayat
with those who recanted their erroneous views and became Ibadhis’.
This section includes two kinds of individuals:
أ)
Those who
follow the ‘ulama’ in their religion, muqallidun,
or ‘ammah; the requirements from the muqllidun as such
are to repent and say, ‘I am one of you. Your ‘waliy’ is
my ‘waliy’, and your enemy is my enemy.’ He thereby
becomes a member of the Ibadhi community.58
ب)
Those who
are able to formulate independent decisions on legal or
theological matters, mujtahidun; the mujtahid must
repent of all his erroneous views, recounting them one by one,
publicly declaring his recantation, and affirming the true
doctrines.59
The heretic,
mubtadi, who had propagated his heresies, bida, must
contact those who had followed him in his heresies and tell them
of his repentance wherever they should be; after so doing, he
will be accepted as a member of the Ibadhi community and a ‘waliy.’60
V)
The last
section on this subject is ‘walayah’ with minors’,
walayat al-atfal,:
Conflicting
opinions are reported about this matter; the Murjites held the
view that all minors have the right to ‘walayah’. This is
also the opinion of Muadh b. Jabal, the Companion of the
Prophet.61 The Sufris, a branch of the Kharijites,
held that minors are to be treated like their parents; i.e., the
children of infidels are infidels and the believers must
dissociate themselves from them.62 The common view
of the Nukkar and Ahmad b. al-Husain is ‘reservation,’ wuquf,
in respect of all minors until they reach majority. The view of
the rest of the Ibadhis is belief in ‘walayah’ with
minors of the believers, and ‘reservation’ for those of the
infidels and polytheists.63 The arguments and proofs
adduced by each group on this question were discussed in detail
in Ibadhi sources.64
The minors of
believers are entitled to ‘walayah’ when:65
أ)
The
child’s paternity is established, i.e. when it is known to be
the child of an Ibadhi.
ب)
The
father says, ‘This is my child’, the child being present. Some
scholars say the father’s assertion of paternity is not enough,
and it must be supported by the testimony of a man of equity.
ج)
It is
known that he child is born of a ‘waliy’ through the testimony
of trustworthy persons.
·
In the
case of children of slaves owned by ‘awliya’, and slaves
freed by ‘awliya’, there are two opinions, one of ‘walayah’,
and the other ‘reservation.
·
A child
of a woman in ‘walayah’ inherits walayah as a
result of the mother’s status. Some scholars oppose this view
and argued that the status of walayah may be inherited
from the father only.
·
A mother
converted to Islam from polytheism leads her children to Islam,
and the children follow their mother in entitlement to ‘walayah’.
The same applies to the children of free women in the state of
‘walayah’ married to slaves.
·
In the
case of child freed by two men, a ‘waily’ and a Muslim
opponent (mukhalif), the child must be taken in ‘walayah’
in accordance with the status of the Ibadhi owner.
·
If one of
the child’s parents was a (waliy) and the other was not,
the Believers must abstain from taking up any attitude towards
the child until he reaches majority.
·
If a
father who was a waliy apostatises after the birth of his
child, the privilege of ‘walayah’ for the child is not
affected. But if the father turns Hypocrite, the Believers’
attitude towards his children must be one of ‘abstention,’ ‘kaff’.
·
When the
children of Muslim opponents reach the age of matuarity they
must be transferred to the state of ‘reservation’. If
afterwards, they prove themselves to be upright, they are to be
taken back to the state of ‘walayah’, and if not, the
believers must dissociate themselves from them.
·
An insane
person who loses his sanity during childhood continues to enjoy
the status of ‘walayah’. 66
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