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Apart from what has
already been explained, the system of al-walayah and
al-baraah influenced Ibadhi jurisprudence in many ways. We
may point out the following examples an evidence of this
influence:
I. With
regard to zakat, some Ibadhi scholars held that it must
be given only to (ahl al-walayah). This opinion is
reported from Aflah b. Abd al-Wahhab, the third Imam of the
Rustamid Imamate.158
According to Dhumam b. al-Saib, an Ibadhi can give part of his
zakat to his relatives although they are non – Ibadhi
Muslims.159
Abdullah b. Abd al-Aziz and Shu’aib held the view that all
Muslims, Ibadhis or non Ibadhis, have a right to zakat.160
Certain Ibadhi scholars state that zakat must be taken
only from (awliya) as it must be given only to the “awliya”.161
Abu Amr al-Rabi b. Habib and Dumam b. al-Sib held it lawful for
the Ibadhi person to take zakat from the Muslim opponents
if they knew about his opposition to their wrong beliefs.162
al-Rabi reported that Abu Ubaidah strongly disliked taking
zakat from non-Ibadhis if they did not know that the person
to whom they gave their zakat possessed contrary views to
theirs.163
al-Jitali reported that Abu Ubaidah said, “We neither take
zakat from them (non-Ibadhi Muslims) nor do we give it to
them.”164
Jitali further quotes from the response (Jawabat) of Abu
al-Mu’thir that he said, “The poor godless Ibadhi (Fasiq)
is entitled to zakat before the upright learned non-Ibadhi
Muslim; because those who believe in baraah for the
Ibadhis and believe in loving and respecting them are not like
those who think that the Ibadhis are wrong and believe in
‘baraah’ from them; the latter do not deserve zakat
from Ibadhis.”165
During secrecy (kitman) zakat must be given only to
(al-awliya). If there are no “awliya” to whom
zakat can be given, it must be given to the poor Ibadhis; if
these two categories are not available, then Ibadhis should give
their zakat to the poor weak non-Ibadhi Muslims who
cannot do them any harm.166
II In the
matter of performing Hajj on behalf of another person,
some Ibadhi scholars held that the Ibadhi must not perform
Hajj for another person unless he is a (waliy).
Others made it lawful with the condition that he should not make
dua (pray) for him.167
It is reported that the mother of Abu Maymun al-Nufusi was asked
before her death about her will and who was going to carry it
out for her. She pointed to her son Abu Maymun and said, “I
leave it to that one in the cradle.” When Abu Maymun grew up,
he wanted to perform Hajj for his mother, for she could
not be considered as a ‘waliy’ with the testimony of one
woman. But Ibn Abbad al-Misri made it lawful for him to perform
Hajj for her and said that the testimony of one pious
woman in this case was sufficient.168
A similar story is reported about Amrus b. Fath.169
III On the
question of Adalah (The quality of religious probity and
moral integrity which a witness must possess for his testimony
to be admissible),170 only
a (waliy) is Adl, and his testimony is admissible
in all cases. The person in the state of baraah is not
Adl and his testimony is unreliable. The person in the
state of ‘reservation’ (wuquf) is regarded as one of the
Muslims in general (ahl al-Jumlah). The testimony of
this group is admissible in all cases except those concerned
with (al-walayah wa al-baraah), cases of (hadd)
punishments, cases in which they believe that the Ibadhis are
infidels,171 and
cases connected with the property of Muslims which they believe
is lawful to be taken as spoils during wars between Muslims.172
It is reported from Abu al-Mu’thir that he said, “If they (non-Ibadhi
Muslims) are in power, their testimony is admissible, but if we
are in power their testimony must not be accepted.”173 |
