Cd a STUDIES IN IBADHISM
AL IBADHTYAH
               By:
     Dr. Amr Khlifa Ennami
Contents:
ACKNOWLEDGEMENTS ...............                    0.2... cece eee eee 4
GENERAL NOTES ........ 20... 0.0 ccc ec ee te                             eee 4
PREFACE .......... cc ccc ccc eee cee ete tee ee eee ee eeee 5
CHAPTER] ........... 0.0 cc                       ce ee ee eee eee              15
THE FOUNDATION OF THE IBADHIAH, AND THE IBADHI
VIEWS ON THE KHARIJITES. ...........                 2.0.0... 0.2.2 ee eee      15
“ABDULLAH B.IBADH” .............                 0.0... 2 eee eee ene           15
IBADHI VIEWS ON THE KHARIJITES: .....................                           19
JABIR B. ZAID AL-‘AZDI ... 1...                                      ene        48
The Founder of the Ibadhi School ...................222                2000s    48
CHAPTER ITT .... 0.                          cc ce                etn eee 71
    ABU ‘UBAIDAH MUSLIM B. ABI KARIMAH                      ............. 71
    The expansion of the Ibadhiyah in North Africa............... 83
    The Bears of Learning (Hamalat al-‘ilm) .................... 87
 CHAPTERIV           ............  ccc          ce        ee eee tenes 95
 IBADHI JURISPRUDENCE ..............0..............05. 95
 IBADHI CONTRIBUTION TO THE FIELD OF HADITH ....... 101
 AL-JAMI AL-SAHIH ..........             0.0... ccc ee ee eee ee ee 103
          I) Al-Mudawwanah by Abu Ghanim Bishr b. Ghanim al-Khurasani:         107
          The contents of the Mudawwanah 59 ................... 108
          SOME EXAMPLES OF THE DIFFERENCES BETWEEN
          IBADHI SCHOOL AND OTHER ISLAMIC SCHOOLS IN
          LEGAL AND RELIGIOUS OPINIONS .................                       120
          IT) WIPING OVER SOES AS PART OF “WUDU” ........                      121
          II) PRAYERS (AL-SALAT) ............            0.0.0. ccc ee eee     123
          IT) FASTING (AL-SAWM) .............              02.     e eee eee   125
          TV) ZAKAT 2...                     ce         ee eee eens            127
          II) MARRIAGE ..... 0... cee           ee           teenies           128
          II) INHERITANCE ...........          ce cee          ee ee eee       129
          II) PENAL LAW ...........       cc ce            ee eee              129
 CHAPTER V .... 1... ccc                        ne        ee eee       e eens  139
 IBADHI THEOLOGY ........... cece                              eee eens        139
    The vision (al-Ru “yah) .............       0. ccc eee eee eee eens 143
     ii) Problems concerned with the relation between God and Man. . 145
     iii) Problems concerning the relation between man and man            .... 150
 The Qur’an
 The Imamate
THE STATUS OF THE IBADHI THEOLOGY IN RELATION
TO THE MAIN ISLAMIC SCHISMS ........... 0.0000.                                  166
THE SUB-DIVISIONS OF THE IBADHI SECT. ................... 171
AL-DIYANAT ... 0.0... . cc ec                ccc ce eee te eee ees 175
     1. Unity     2... cc                      ccc eect                   eens   175
    2.    JUSTICE 2. cee                                     ete eens            176
    3.    Divine decree .. 1.0... eee                              cee eee       176
    4.    The states of Walayah and enmity ...................06.                177
    5.    Command and prohibition ...........             0... cc eee eee eee    178
    6.    Promise and threat ..... 0... . 0. cee            ee eens              178
    7.    The intermediate position ...........         0. cece cee eee eee      178
    8.    No intermediate position ...........         0... eee eee ee ees       179
    9. The names and statutes ........          0... 0... cee ee ee ee eee       179
IY. = al Nukkar «0...                                    ec ce ee eee             180
Il     = Khalafiyah      0...                        ee            ee ee     ene 187
IV         al-Naffathiyah ....... 0.0.0... cc               ce ee ee ee           188
V, VI      Husainiyah and Umairiyah ..............             0.0.2 cee eee      192
Vit        al-Sakkakiyah     2.0... ... eee                         ee te nee 195
VIT     so al-Farthiyah   «0... ceeee eee                                         195
IBADHI WORKS ON THEOLOGY ...........                     0.0.2... cee eee ees     197
IBADHI THEOLOGY ............ ce                                    ee ee eee     214
CHAPTER VI             ow... ce                             ee eee          ees 228
THE SYSTEM OF AL-WALAYAH AND AL-BARAAH..............                             228
THE RULES OF AL-WALAYAH                 ...............     ccc ccc eee eee      231
THE RULES OF AL-BARRAH                ................      cece eee eee eens 241
RESERVATIONS          (AL-WUQUF)      ............    cc ccc ee ee ee eens       246
THE ORIGINS OF THE SYSTEM OF AL-WALAYAH AND AL-BARAAH                    ....... 247
Examples of the influence of the system of al-walayah and
al-baraah on ibadhi jurisprudence ...............0..                 0c ce eeeee 259
CHAPTER VII...             1... teens                                            269
THE STAGES OF THE IBADHI COMMUNITY .............. 269
Manifestations (zuhur) ..........          00 cee cee ee eee eee eee e anes 270
The stage of defence (difa) ..........          0... cee eee eee ee ee eee 271
Shira, the sacrifice of one’s life      ...........      2... eee eee eee eee 272
The stage of Secrecy (kitman)          ...........    0. eee eee eee ee eee 275
RECAPITULATION .......... cece cee eee ee eee eee eee e eee                      287
BIBLIOGRAPHY .......... cece cece rece ee eee etree rete e ene                   293
LIST OF THE MANUSCRIPTS               ..........---    cece      e cece ceecees 293
LIST OF ARTICLES ......... ccc cece ce cere eee eee een e eens 304
PUBLISHED WORKS              ........... cece cece cree ener eee ne eeeeans 308
                          <>
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. | 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.
  ! 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 | 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 asentence. For the title of books, only the
first letter of the title is givenn except v when ~~ title contains nznames
 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. | used for this study have not been numbered before, |
  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, xii — fil;
  XXIV-XXV).
  PREFACE
  Al-Ibadhiya, or al-lbadhiyah, 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         lIbadhiyah 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 forma 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.
    <P     LV            dee.
Very little is known about the Ibadhiyah,               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, lbadhi 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  | 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-lbadhis. 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.       1! 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 | 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
lbadhi 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 likelinood   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 Tabaqgat 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 Tabagat 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 covera
  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 lIbaditen," 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
  lbadhi 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.
             weer es " cane eeee X  - & ae  se eeece eotee          Sno
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 lbadhiyah. 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
  PLIES:                            IN VNARSSSSS3~
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
lbadhi 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
 lbadhi 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
 (qliall Joriginal 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   lbadhi   books by Omani and
Maghribi     authors. ‘eluding          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-lslah of Mzab who joined in the activities of al-
Hizb al-Dusturi of ‘Abd al-Aziz al-Th'alibi.                Among the leading
lbadhi 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
lbadhis _ 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-lbadhiya 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 andthe 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
  lbadhis 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 lbadhi contribution to the Ibadhi studies
 branched into two directions:
a)     Providing    their own    literature  by   edition and publishing old
lbadhi 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-lbadhi Muslims.                   —
As   for non-lbadhi Muslims, there is no serious attempt yet on their
side to study lbadhism 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 fields7.
 The present study is so far the first to be based on a large newly
 discovered      foundation       of original material of early Ibadhi
 authorities     and   a thorough     examination      of most    extant  Ibadhi
 works -in different fields of study.      It is hoped that it will open a new
 horizon    in    the field   of Islamic     studies  and  encourage     further
 investigation     in the light of the new materials used here and the
 opinions reached.         However, it is only the first step in the study of
  Ibadhism, and no doubt a great deal remains to be done; though
 the writer trusts the way may have been paved by the results
  achieved in the research.
                                      AUAWNs.
                                     TITANS
                                     (7a RE)
                                     (UG ee)
                                     Wns
                                      NYY
 (1) These texts are to be publishied separately.
THE FOUNDATION             OF    THE   IBADHIAH,    AND     THE    IBADHI
VIEWS ON THE KHARIJITES.
“ABDULLAH B. IBADH"
The Ibadhi school took its name from ‘Abdullah b, Ibadh al-Murri
al-Tamimi.     The school was named after his father because he
was    better known      than the son, as_       is the case in Arabic
genealogy1.      Al-Malati alone reported that the sect was named
after its founder who is, according to him, Ibadh b. 'Amr2. This
information cannot be taken into account, for al-Malati reported
information about the Kharijites in his book contrary to all sound
authorities who dealt with the subject.3
Very little is known about ‘Abdullah b. Ibadh in both Ibadhi and
non-lbadhi sources. He is of Banu Sarim b. al-Harith b. Muqa’is of
Banu Tamim, one of the main tribes of Mudar.4 Nothing is known
about his early life.      The modern Ibadhi scholar Muhammad b.
Yusuf Atfaiyish suggests that Ibn Ibadn moved from Najd, the
homeland of his tribe, to Basrah5. He also reported that certain
narrations state that he was a ‘Sahabi for a short time6. However,
Ibadhi    chroniclers   included   Ibn  lbadh, among    the  class   of al-
Tabi'un who lived during the second half of the first century H7. It
is not known whether he participated in the civil wars which
occurred among Muslims before the ‘Umayyad rule. But it appears
that he was not satisfied by the rule of Mu'awiyah and criticised is
violation of the Qur'an         and the Sunnahés. _ The first definite
information about his public activities was about his part in the
defense of Mecca against the ‘Umayyad leader, Hussein b. Numair
al-Sakuni, the successor of Muslim b. Uqbah, (63 H/582 A.D.)9.
He also was among the leaders of the Muhakkimah party who tried
to win ‘Abdullah b. al-Zubair to their side and offered him their full
support       if he agreed         to    their views and dissociated himself from
‘Uthman         Jalhah,     and    his own       father    al-Zubair b. al-Awwam,      but
‘Abdullah b. al-Zubair refused to agree to their views and they left
him, some of them returning to Basrah among whom was ‘Abdullah
bin Ibadhi0.            It appears that the attitude of Ibn al-Zubair made
them give up all hope of an outstanding leadership. A number of
leading personalities emerged and sought the leadership of the
movement through military action. First of these was Abu Rashid
Nafii’      b. al-Azraq       who     took     an    extreme    line  in his   revolt and
withdrew with his followers from the Muslim community on the
basis that their land was                       a land of war and they were all
polytheists.11 At this stage ‘Abdullah b. Ibadh appeared as a
leading figure who              opposed the attitude of Nafii’' and other Khariji
leaders and          refuted      them openly12.          Non-lbadh sources suggest
that this was          how     the    lbadhi     school    started,    and accredited its
foundation to ‘Abdullah                b. lbadh who         was     according to most of
those sources, the head, (ra's), of the Ibadhi school.13
The information given in Ibadhi sources shows that ‘Abdullah b.
 Ibadnh played a secondary part in the foundation                                 and the
 leadership of the Ibadhi movement compared with its first Imam
and founder Jabir b. Zaid.                     It is reported that Ibn Ibadh in all his
 activities was acting according to orders from Jabir b. Zaid14. It is
 also stated that Ibn lbadh was the most prominent theologian of
the time of Jabir b. Zaid, and that he was the one who refuted
 openly the view of opponent groups of Qadarites Mu'tazilites,
 Muj''ites, Shi'tes, and extreme Kharijites15. It is believed that Ibn
 Ibadh propagated openly the views of his school, despite the fact
 that the activities of the Ibadhi School were carried out in secrecy
 at    that      time,    because        he enjoyed       the protection     of his tribe.
Another reason was that the Ibadhi movement after the revolt of
 Nafii' b. al-Azraq was                     obliged to make its views about the
Azraqites known to the public to keep the support of ordinary
 Muslims, and to the authorities to avoid their persecution. Jabir b.
Zaid      who      was     the Imam         of the lbadhi      movement      at that time
directed the activities of Ibn Ibadh. The school took the name of
lbn Ibadh, because he used to openly to propagate its views and
was known to non-lbadhi groups for refuting their views as also
because      of his clear and           firm attitude against the extreme
Kharijites.     Another reason which made the Ibadhi school bear his
name could be his political activities and his contacts with the
‘Umayyad        Caliph     ‘Abd  al-Malik     b.  Marwan        with    whom   he
exchanged correspondence16. The Ibadhis did not use at first the
name      lbadhis,     instead they used the terms ‘the Muslims’ al-
Muslimun,      and   ‘community    of    the Muslims’, Jama’at al-Muslimin,
and    ‘the people of the mission’, ‘Ahl el-da'wah.         The name Ibadhis
is not    mentioned in early Ibadhi works such as the Mudawanah of
Abu     Ghanim or any other early works.                Later, however, they
recognised and accepted this name. It first appears in Maghribi
Ibadhi works in the treatise of ‘Amrus b. Fath 200 H.17
It seems that ‘Abdullah b. Ibadn became a public figure because of
his views and activities and certain groups other than the Ibadhis
such as al-'Umariyah 18 claimed his leadership.               It is also reported
that al-Harithiyah, the followers of al-Harith b. Mazyad al-lbadhi
claim that they recognised           none but the Imamate of ‘Abdullah b.
Ibadh after the death of Abu Bilal Mirdas.19
It is not clear whether         ‘Abdullah b. Ibadh took any active part in
the military revolts which took place during his lifetime, al-Kadmi
included him in one list together with Abu Bilal and ‘Abdullah b.
Yahya al-Kindi, and described them as al-Khawarij20. According
to al-Qazwini,      Ibn   Ibadh  revolted    during   the time       of Marwan b.
Muhammad b.          'Atiyah in Tabalah21. Shahrastani also stated that
Ibn Ibadh was        with ‘Abdullah b. Yahya in his revolt, and in all his
activities.22    | Both      Omani    authors,   al-Qalhati,      and   Ahmad   b.
Abdullah     al-Ruqaishi mentioned that Ibn Ibadh lived up to the time
of 'Abd al-Malik b. Marwan to whom he wrote the famous letters23.
But, like other Ibadhi authorities, they did not mentioned whether
he lived afterwards or took part in the revolt of Abdullah b. Yahya
al-Kindi.      It is unlikely tlthat Ibn Ibadh “took part in those 'wars
 without being mentioned by Ibadhi authors or other historians who
 reported those wars such as al-Tabari, al-isfahani and others.24
 The   list of early    Ibadhi    authorities    given   by   al-Qalhati showed
 Abdullah b. Ibadh and 'Urwah b. Hadir as students of Jabir b. Zaid,
 ‘Abdullah b. Wahb al-Rasibi, and Zaid b. Sawhan and showed Abu
 'Ubaidah Muslim b. Abi Karimah, Farwah b. Nawfal, and Wida b.
 Hawtharah        as    students      of    ‘Abdullah      b.   Ibadh    and his
 contemporaries, while ‘Abdullah b. Yahya al-Kindi and al-Mukhtar
 b. ‘Awf were listed among the students of Abu 'Ubaidah Muslim.25
  lt seems that either lbn lbadh was dead when Jabir died and was
 succeeded by Abu 'Ubaidah, or else he was not important enough
 to take over the leadership of the movement. The first view seems
 to be more convincing, and can be supported by the information
  given by al-Baghdadi that al-Harith al-lbadhi headed his group as
  successor of ‘Abdullah b. Ibadh. Accordingly, lbn Ibadh must have
  been    dead    when al-Harith started propagating his views on qadar
  in which he opposed the Ibadhi authorities. It is hard to believe
 that Ibn Ibadh was till alive, for if he was he would have refuted the
 views     of al-Harith.     lbadhi authorities reported that the burden of
 refuting al-Harith was borne by Abu 'Ubaidah Muslim.26 All these
 facts support the views of Lewicki who pointed out that the
  information reported by both al-Shahrastani and al-Qazwini
 concerning         Ibn Ibadh's part in revolts against Marwan                 b.
 Muhammad          was not very convincing27.          However, the information
 given about Ibn Ibadh is very limited and confusing. Among the
 early authors who noticed this fact was lbn Hazm who states that
 the most learned men of the Ibadhis of al-‘Andalus knew nothing of
 ‘Abdullah     b. Ibadh28.       The     reason,    as suggested by Ibn Hazm,
 was that Ibn lbadh renounced his views and joined the Tha’alibah
 group of the Kharijites29. Al-Dhahabi also reported that Ibn Ibadh
 recanted his heresies (i.e. Ilbadhism)!30 Ibadhi authorities did not
 confirm such information.             Another example of the confused and
 unreliable information is reported by Ibn Hawaal who said that
both ‘Abdullah bb. Ibadh and ‘Abdullah b. ea all SS                   to
Jabal Nafusah and died there31.
It  may be necessary here to mention the fact that the view held by
Lewicki,   namely that the Ibadhi state of secrecy was started by Ibn
Ibadh,32 is contrary to the information reported in Ibadhi works.
Ibadhi authorities stated clearly that this state of secrecy (kitman)
was introduced under the leadership or the Imamate of Jabir b.
Zaid who       conducted    the activities of the movement and its
members.33         They also reported that the revolts which took place
during his life, whether that of Abu Bilal or others, were planned by
Jabir b. Zaid,34 who was the man responsible for the foundation
and the development of the Ibadhi school.
IBADHI VIEWS ON THE KHARIJITES:
Non-lIbadhi    authorities  regards   the  Ibadhi  school as a branch of
the   Kharijite movement, which broke away from the mainstream to
form a moderate group under the leadership of ‘Abdullah b. Ibadh.
This account of the lbadhi School was repeated by those scholars
who studied the subject on the basis of information from non-
Ibadhi sources.
It was difficult for non-lbadhis to form a clear view of the Ibadhi
movement       and the nature       of its relationship to the Kharijite
movement. This was due to the secrecy of the activities and plans
according to which most of the early Ibadhi activities were
conducted.      The other reason was, as mentioned by Ibn al-Nadim,
the   Ibadhis   fear  of persecution    by their opponents, which made
them, conceal their literature.35 It is essential therefore to present
the Ibadhis own view of the origin of their movement and its place
with relation to the Kharijite movements as seen by their own
authorities.
 lbadhis preserved a detailed account of their views of the early
 political development of the Muslim community. Al-Barradi gave
 the following list of the early works and documents dealing with the
 subject.36
 1.        Akhbar Siffin WA al-Nahrawan.
 2         Sifat 'Ahdath 'Uthman.
 3         The letter sent by ‘Ali b. Abi Talib to Ibn ‘Abbas after the
 d efeat of the people of al-Nahr and the reply of Ibn ‘Abbas to it.
 4         The letter of Jabir b. Zaid to a certain Shi'te.
 5         The letter of ‘Abdullah b. Ibadh to 'Abd al-Malik b. Marwan.
 6         The letter of Abu Bilal Mirdas to all Muslims.
 T         The letter of Abu ‘'Ubaidah Muslim b. Abi Karimah and Hajib
 to the people of the Maghrib.
8.         The letter of al-Rabi b. Habib concerning 'Abdullah b. 'Abd
 al-'‘Aziz, Abu al-Mu'arrij, and Shu'aib.
9.         The letter of Abu al-Hurr 'Ali b. al-Husain.
  10.      K. Salim b. al-Hatiyah al-Hilali
  11.      K. Abi Sufyan Mahbub b. al-Rahil.
  12.      The Sirah of Muhammad b. Mahbub to the people of the
 Maghrib.
  13.      The Sirah of Munir b, al-Nayir al-Ju'lani.
 Al-Barradi mentioned that he saw and read all the above-
 mentioned documents and works except the Sirah of Muhammad
 b. Mahbub.37          It is reported that a complete copy of this Sirah,
 consisting       of  seventy      parts,   was available  in Jabal   Nafusah
 towards the end of the fourth century H., and only part six of the
 book was available in Jerba Island during that period.38 However,
 most of these works and documents are still extant except the
 works of Abu Sufyan and his son Muhammad b. Mahbub, K. Salim
 b. al-Hatiyah al-Hilali, the letter of Jabir b. Zaid to the Shi'ite, and
 the     letter   of  Abu    Bilal     Mirdas.  Al-Barradi   preserved  useful
  information      from some of those missing works in his al-Jawahir,      39
while al-Darjini ini ‘his Tabaqat preserved useful        Saar            about
 early Ibadhi authorities from K. Abu Sufyan Mahbub.40
 There     are earlier      Ibadhi documents that deal with the subject still
 in existence, which can be consulted:
 1.       The Sirah of Salim b. Dhakwan,              and   Ibadhi scholar and
 contemporary of Jabir b. Zaid.41
2.        The Sirah of Shabib b. 'Atiyah al-'Umani.42
3.        The Sirah of Abu Qahtan Khalid b. Qahtan al-Hijari.43
 In addition,       there are also the sermons of ‘Abdullah b. Yahya and
 those of al-Mukhtar b. 'Awf, delivered by him in Mecca and Medina
 which were recorded and preserved.44
 All those works by early Ibadhi authorities contain the Ibadhi view
 of the early changes which took place in the Muslim community
 and which started with opposition to the policies of the third Caliph
 ‘Uthman b. 'Affan, and the Ibadhi account of, and attitude towards,
 the different parties which came into existence in early Islamic
 history.      The following account of the Ibadhi view of the early
 political development of the Muslim community, and their view of
 the Kharijites is based on the above-mentioned materials.
 The      Ibadhis considered their movement a continuation of the
 opposition which overthrew 'Uthman b. Affan, the third Caliph and
 caused his death.             They regarded that opposition as being a
 purely     Islamic    rejection    of the innovations introduced by ‘Uthman
 and     his    ‘Umayyad       court.     Those   innovations   (ahdath),  were
 pointed     out   in K. Sifat     Ahdath 'Uthman, the letter of ‘Abdullah b.
 lbadh and the Sirah of Salim b. Dhakwan. There is no mention in
 Ibadhi sources of the rule of ‘Abdullah b. Saba’ in this first revolt
 against 'Uthman, a fact which indicates that Ibadhis understood
 that the revolt was an Islamic duty carried out by the Companions
 of the Prophet who wanted to keep to the Sunnah of the Prophet
and the “example of his two. successors, and not z a result of any
outside or mysterious influence. They (the lbadhis) approved of
the Caliphate of ‘Ali b. Abi Talib and regarded Talhah, al-Zubair,
A'ishah and their party as the rebellious party (al-fi'atu al-
baghiyah).46          It is reported that both Jabir b. Zaid and Abu Bilal
Mirdas discussed with 'A’‘ishah her attitude at the battle of the
Camel and blamed her for her opposition to ‘Ali who was the legal
Caliph at that time, and she once more repented.47 They also
approved of ‘Ali in his wars against Mu'awiyah and regarded both
Mu'awiyah and 'Amr b. al-'‘As and their party as the rebellious
party which should be fought until they accepted the commands of
God.48        But they disapproved        of Ali's acceptance of arbitration,
regarding      those     who rejected arbitration as the true Muslims, and
their leader ‘Abdullah b. Wahb al-Rasibi the fifth legal Caliph.49
They renounced ‘Ali b. Abi Talib for killing the people of al-Nahr
 and argued that he had no right whatsoever to fight them. Abu
 ‘Ubaidah Muslim b. Abi Karimah commented on the statement
 made by ‘Ali regarding the slogan of the people of al-Nahr (la
 hukm     illa lillah), that it was    a word of truth meant for falsehood.
 Abu 'Ubaidah said that, since 'Ali know that their slogan expressed
 the truth, who informed him that false hood was their intention?50
 It is   reported on the authority of Jabir b. Zaid that when ‘Ali b. Abi
 Talib noticed that his followers were disturbed at the slaughter of
 pious Muslims in the battle of al-Nahrawan, and regretted what
 they had done, he asked them on the next day of the battle to
 search for a devil among the dead people of al-Nahr, so they
 brought him a man who was bitten in the chest by a camel, and ‘Ali
 told them that this was the devil. When his son al-Hasan
 reminded him that the man was Nafii’, the client of the Companion
 himself and participated in jihad, ‘Ali silenced him and told him that
 war   is deceptive,        (al-harbu khud'ah)!51.    This information shows
 that early Ibadhi authorities believed that 'Ali b. Abi Talib was not
 in the right in fighting against the people of al-Nahr, and that his
attitude was ; based on             worldly desires and |not on 1 religious
 grounds as was the case with the people of al-Nahr52.
 Thus    was  the view of the         Ibadhis regarding    the  early political
 changes, as they understood them.               To them, the Muhakkimah
 were the only party struggling to resume the just Islamic Imamate
 as it was during the time of Abu Bakr, 'Umar, the first six years of
 ‘Uthman's    rule and    the    early years of 'Ali before he accepted the
 arbitration.     The military struggle of this party ended in the
 massacre of the people of al-Nahr by ‘Ali b. Abi Talib and his
 forces (3/7 H/658 A.D.), and the people of al-Nakhilah by the joint
 forces of both Mu'awiyah and al-Hasan b. 'Ali.53
 After this stage ‘Umayyad rule became established and made its
 aim to prevent any sort of opposition. So the sympathisers of the
 Muhakkimah party, or 'al-Muslimun', or 'Jama'at al-Muslimin' as
 they were called in the early Ibadhi literature, were obliged to hide
 their faith and to carry out their activities in secret54. Among the
 survivors of the battle of al-Nahrawan were 'Urwah b. 'Udayyah
 and his brother Abu Bilal Mirdas.55 They continued their activities
 in Basrah, being known for their devotion to their religious duties,
 and were       among the leading men of 'Jama’at al-Muslimin’ in
 Basrah. It appears that Abu Bilal was a leading man of Basrah, for
 he was one of three men who commented on the first sermon of
 Ziyad b. Abih in the mosque of Basrah when the latter was
 appointed      governor      of     Basrah,   Khurasan      and Sijistan by
 Mu'awiyah.56       It is also reported that Abu Bilal and Jabir b. Zaid
 were in a close touch during this period and he used to spend a
 considerable time with Jabir b. Zaid.              It is reported that they
 together visited 'A'ishah and reproached her for her stand at the
 battle of the Camel.57 during this period Jabir's leadership of the
 Muhakkimah party was established. He was a learned pious man
 from al-Azd, the same tribe as ‘Abdullah b. Wahb al-Rasibi, the
 last elected leader of the party.            On the whole, the activities of
 Jabir were intellectual, so that he was able to propagate and
preserve the teaching of Islam in a way which did not arouse the
suspicion of the ‘Umayyad authorities.                        His position as an
outstanding mufti in Basrah provided him with useful cover and
enabled       him     to    establish    widespread       contacts   with   leading
persons in different parts of the Islamic countries.58
The    policy    of Jabir was to use all means to ensure the security of
his movement           and    safety for   his followers.     He even went to the
extent of ordering the assassination                 ofa certain Knardalah who
informed the ‘Umayyad authorities                    about the names of the
members of the Ibadhi movement in Basrah and disclosed its
secrets.59         Jabir also allowed bribery to avoid difficulties with the
authorities during the rule of 'Ubaidulah b. Ziyad.60
The    increasing        and    continuing oppression of the members of the
Muhakkimah party in Basrah by 'Ubaidullah b. Ziyad obliged some
of the members to react violently, and led the authorities to further
persecution of their fellow Muslims.61                The faced all sorts of cruel
treatment ranging from imprisonment                   to death.62    Even women
were subjected to cruel punishment.63                     This situation made it
 impossible for the leading personalities of the party to lead a
 peaceful life, let alone have any chance to propagate and teach
their views.         At this stage the principle of shira’, sacrifice of one's
 life, was introduced into the movement under special rules, and
was     carried    out by forty members            of the   movement      under the
 leadership of Abu Bilal Mirdas, who made it clear that he intended
to fight only those who fought against him, and that he would not
take anything of spoils except the pensions (‘ulyat) which he was
entitled to take.64 This was in fact an open rejection of the policy
of ‘isti'rad, which         was    practised    by some of the Khawarij prior to
Abu     Bilal, who was known for their sympathy with the Muhakkimah
party.65        It was also a practical execution of the policies of shira’,
sacrifice of one's life and qu'ud, remaining quiescent under the
rule of tyrants and not going out for jihad against their rule, during
the    ‘stage’ of kitman, secrecy.          In so doing, Abu Bilal did not reject
tagiyah and advised al-Bathia to hide her beliefs when he heard
that ‘Ubaidullah b. Ziyad had decided to punish her.66 However,
Abu Bilal and his followers, after they defeated an army of two
thousand, were all killed in another battle while performing their
prayers.6/        Ibadhi authorities reported that this revolt of Abu Bilal
was   planned     and    approved       of by    Jabirb. Zaid, the Imam of the
Ibadhis at that time.68           It is also reported that Abu Bilal, when
leaving Basrah, asked Jabir to join him,69 but Jabir stayed in
Basrah and continued his policy of avoiding violence. The relation
between     Ibadhis    and   their Muslim opponents was established on
the basis of the following principles:
a)      Ibadhis    should    fight only those who fight against them and
must not adopt the policy of ‘isti'rad.
b)      The property of Muslims should not be taken as spoils and
their women and children should not be killed or taken in captivity
(saby).     This principle is based on the example and the proactive
of the early Muslims in their fight against 'Uthman and his
supporters, and on the practice of 'Ali in his war against Talhah
and al-Zubair when ‘Ali was the legal Caliph.            70
C)      Khuruj is not obligatory, and Muslims can live under the rule
of tyrants      resorting    to     religious    dissimulation,    tagiyah,    when
necessary.
d)      Shira’,   sacrifice of one's life, is a voluntary duty for a group
of forty, and     more than forty persons, when they imposed it on
themselves.
These     principles     became      the   recognised     policy    (Sirah)   of the
Muslims,     which      should     not    be    changed.        Ibadhi   authorities
supported     these    principles     with   the   analogy   of   the Sirah of the
Prophet throughout his struggle to establish the Islamic community
and the Islamic State according to the 2m                  of God. 71 They
also claimed that these principles were not violated until the revolt
of Nafii’ b. al-'Azraq who took actin contrary to them. Or, as Ibn
Ibadh himself put it, "...But in the Name of God we dissociate
ourselves from Ibn al-'Azrag and his followers, when they revolted,
it seemed to us that they were on the path of Islam, but they
deserted Islam afterwards and became infidels".         72
The move of Ibn al-Azraq was the first serious split in the
Muhakkimah party. The doctrines introduced by Nafii b, al-Azraq
created different reactions to them by the leading members of the
Muhakkimah        party.73    Both   Jabir b. Zaid and 'Abdullah b. Ibadh
opposed the views of Nafii' and defended and propagated the old
 principles of the Muhakkimah.
 This account      of the development of the Muhakkimah party shows
 that the leaders of the Ibadhi         school did not introduce any new
 doctrines into the question of         khuruj, coming out, or the relation
 between their members and the rest of the Muslims in terms of
 peace and war.         All they did was to continue propagating the
 doctrines laid down before, either during the wars between ‘Ali and
 Talhah, or by Abu Bilal afterwards.             On the other hands, they
 rejected the views of Nafii’ b. al--Azraq and other extreme Khariji
 leaders such      as   Najdah and Dawud, for breaking those rules laid
 down    by their predecessors.        The    lbadhi attitude in this respect
 was expressed by the following words of Salim b. Dhakwan:
  “Our    attitude follows that of the Imams of the Muslims before they
  were persecuted; the day they killed 'Uthman; the day of the
    Camel;     and the day they rejected human arbitration in their
  religion.     Our opinion today agrees with their opinion then. Our
  interpretation of the Qur'an today agrees with their interpretation
   then. We have nothing to do with those who claim that today they
    have gained better knowledge of Qur'an and Sunnah and
  achieved     supremacy     over them."74       That   was how the Ibadhis
  understood their rule which was to them 1 no more . than ‘the
 continuation of the rule of the Muhakkimah before the split of Nafii’
 and the extreme Kharijis.          They therefore regarded the extreme
 Kharijis as the mariqah, those who pass out beyond religion, and
 they applied to them the description of a certain group mentioned
 in a famous Tradition of the Prophet75 which says, “from the
 descendants of this man there will arise people who fluently read
 the book of Allah, but it will not pass beyond their throats, they will
pass through religion ( oI! TM uss.) as an arrow passes through a
hunted animal.... Etc."76
As   for the terms       Khawarij  and   Khuruj,     the   Ibadhis  used them
meaning ‘to come out' for jihad.77               Later, some Ibadhi authors
confined this name to the extreme groups of the Kharijites who
acted contrary to the principles of the Muhakkimah.78 But most of
the early Ibadhi authorities and also some of the later ‘Omani
authors used the term Khuruj and Khawarij for the Ibadhis as well,
and distinguished the extreme Kharijites by the term, Knawarij al-
jawr,79    (Unjust   Kharijites).   They    also    used shira’ and shurat to
replace the terms, Khuruj and Khawarij, although the terms shira’
and shurat had their own special meaning in Ibadhi doctrine.80
For the Muhakkimah, the people of al-Nahr, al-Nakhilah, and Abu
Bilal and his followers the terms al-Muslimun, Jama’at al-Muslimin,
were    uSually    used.   These two names together with the title, (‘Ahl
al-Da'wah),     were      employed    by  the    Ibadhis    to designate  their
school.
The following are the points upon which the Ibadhis disagreed with
the Kharijites:
1- The question of Khuruj:
The    doctrine   which    was _ introduced by Nafii' b. al-Azraq was that
Khuruj    or hijrah, to their camp is obligatory.        He regarded the land
of their    Muslim    opponents (al-mukhalifun) as the land of war (dar
  «S/S.                           IN VASO
al-harb), and regarded those         who took no action (al-qa’ adah) aas
idolaters on the basis of the Quranic verse," If you obey them you
are idolaters."81     This doctrine was contrary to the doctrine held
by the Muhakkimah that their Muslim opponents were simply
‘infidels-ingrate,"82     (kuffar),   not polytheists, that their fellow
Muslims could live among their opponents, and allowed qu'ud, so
that Khuryj or hijrah is not obligatory.              In fact, the early
Muhakkimah were very clear about the question of qu'ud as lawful
for their fellow Muslims to the extent that they elected ‘Abdullah b.
Wahb al-Rasibi Imam,           and preferred him to Ma'dan al-'lyadi
because he said.83
lbadhis kept to the doctrine of the early Muhakkimah and rejected
the attitude of Nafii' and maintained that both parties, i.e. those
who come _ out for jinad and those who took no action, al-qa'adah,
are Muslims; those who take no action support those who come for
jihad and hold belief in association with them, and the latter
 pardon the weakness          of those who take no action.84          This
 doctrine was expressed later in the following statement, (La Hijra
 baad al-Fath), which is in fact a part of Tradition of the Prophet,85
 and was used almost in all lbadhi creeds to express their view of
 the question of hijrah, or Khuruj.86
 2- The second point is their attitude regarding their Muslim
 opponents, al-mukhalifun.         The Azragites held that their Muslim
 opponents were idolaters; accordingly, they regarded their land as
 a land of war, holding it lawful to kill their women and children or to
 take them captive, and to despoil them of their property. On the
 other hand they prohibited their followers from either inheriting
 from them or marrying their women fold. They also considered it
 lawful to keep what their Muslim opponents entrusted them with,
 and deny them their right to it.88
         Ibadhis regarded all those doctrines about their relation
  with their Muslim opponents, as errors (dalalat) because they
 opposed      the  views      of the   Muslims    and ~~        contrary to their
 Sirah.   Both    Ibadi    leaders,    Jabir bin Zaid and Abdullah bin Ibadi
 refuted these views of the Azragites and renounced them.89
 They took the same attitude towards the other Khariji groups such
 as Sufriyah, Najdat and others, though the latter differed from the
 Azraqites on some points.90
Ibadhis    regarded      the    new   doctrines,   introduced by Nafii and the
other    Kharijites,       as     serious    heresies,    (bida'a),  dissociated
themselves from their            movements,      refuted their views, and even
fought wars against them.91 Among the early Ibadhi documents,
which discussed this problem of the extreme Kharijites and their
views, is the Sirah of Salim b. Dnakwan. It may be of some value
to quote here his views of the case, for it represents the
contemporary view of an outstanding Ibadhi scholar, and reflects
the general Ibadhi attitude towards the Kharijites.
Salim b. Dhakwan started his Sirah with a detailed account of the
course of the religion of Islam from the beginning of its revelation
up to the time when Ali b. Abi Talib, the fourth Caliph, accepted
arbitration after which the Muhakkimah renounced him and went
about establishing the rule of God on Earth in_ their own way,
sacrificing their lived for their caused.              Ibn Dhakwan gave the
following account of the Muhakkimah and their successors, and
described their policy, Sirah, as follows:
"The Muslim Kharijites revolted                 repeatedly, assenting to the
judgement of God alone, following the example of their Muslim
predecessors.           They did not kill the children of their Muslim
opponents, or permit their women to be taken captive, or kill those
who did not fight them.              They did not divide the property of their
Muslim opponents, or take it for spoil, or prohibit inheritance from
them.    They delivered the trust to them and to others.                    They
insured the safety of those of their people who abstained and
isolated     themselves, without doubting their effort in taking an
intermediate > position between “Tight and evil,* "What i is , there,
after the truth, but error."92 They fulfilled their duties to their
relatives and recognised the right of the neighbour, the friend, the
orphan, the travelling stranger, and the right of their slaves.
Those of them who came out in jihad loved those who stayed
behind, and those who came out have the priority, which God has
granted    them.93   They loved each other with the love of God, and
helped each other to seek the pleasure of God and. the reward of
the day after.     Whenever a group of them came out they left, for
those of their supporters who remained behind, the established
proof against their enemy with            those of understanding and
knowledge of the commands of God."94
Then, lbn Dhakwan went on to explain the attitude of the Azraqites
as follows: "...Then, after them revolted Nafii b. al--Azraq and his
followers;    they behaved for an indefinite time which              God
determined, like those who revolted before them. Then afterwards,
hatred made them regard their people as identical with the
idolaters,  and   they prohibited inheritance from them, and forbade
marriage with them.         Their predecessors, with whom they
‘associated’ themselves     and in alliance with wnom they believed,
inherited from their relatives and married their women, but they
(the Azariqah) today oppose their predecessors, and dissociate
themselves from them.        If their predecessors were wrong in what
they did, they (the Azariqah) are wrong also in taking them as
friends.
They also permitted taking their Muslim opponents captive, in
enslaving their women, dividing their property as spoil, and killing
them and their children though their ancestors did not permit any
such thing."
".. They     refused to give     protection to those of their people who
sought it from them, till they heard the words of God, although they
regarded    them   as identical with the      idolaters despite what God
said to “His Apostle, , ‘And if any of the idolaters seeks ‘of the
protection, grant him protection till he hears the words of God,
then do thou convey him to his place of security...95"
They showed ingratitude to their kinsmen despite the fact that the
Prophet showed mercy to aman from Aslam... They renounced
every Bedouin (A'rabiy) including him who believed in 'association’
with them and believed in their virtue and he (the 'A'rabi) asked
God grant him what He has granted them in the way of jihad
against His enemies, although God said, "And some of the
Bedouins believe in God and the last day, and take what they
expend for offerings bringing them near to God, and the prayers of
the Messenger. Surely they are an offering for them, and God will
admit     them       in     His   mercy:   God    is all forgiving,    All
compassionate."96            They regarded their fellows who stayed
behind at home as._ infidels permitting their blood to be shed and
their property to be seized. They forbade taking them as ‘awliya’
or asking forgiveness for them.          At the same time they claimed
‘Walaya’ with those who used to love and ask forgiveness for their
fellow-Muslims who stayed at home and forbade their blood to be
shed, or their property to be seized, and held it lawful to inherit
from them and ask forgiveness for them."97
Then he goes on to argue against the opinion of the Azragites
concerning      ‘religious dissimulation’, (tagiyah), as follows: "The
believer of the House of Pharaoh 98 stayed for what time God
willed,  hiding   his belief,    and God did not refuse him his belief for
hiding,   it; God       also said, "Let not the believers take the
unbelievers for friends rather than the believers, for who so does
that belongs not to God in anything          - unless you have a fear of
them." (Qur'an: Ill. 28) So God           has ordered the believers to
practice ‘religious dissimulation’;       and how could the believers
avoid harm from the infidels unless they showed them what they
(the infidels) liked, and concealed their religion? Nevertheless,
when they (the Azragites) come out, they become most secretive
about their religion.          So when aman comes and says, ‘Describe
you     religion to me,' they say, 'No, if we do we shall be infidels, but
you    tell us about yours.’         If he disagrees with some of what they
have in their minds they kill him. All this, with other sins which
cannot all be counted, such as seizing the trust (‘amanah) which
they were ordered to deliver back to its owner, telling their
followers that hypocrisy does not exist any more, so no-one can be
a hypocrite, and that God forgives those who commit adultery or
steal when they are with them (in their camp)...."99
lbn   Dhakwan        afterwards    went    on to present the views of Najdah
and his followers,         pointing    out their false doctrines among which
he counted:
a) Regarding their Muslim opponents as idolaters, yet at the same
time       permitting     marrying their women           and eating animals
 slaughtered by them (dhaba'ih).                   They   also forbade taking
 protection tax (jizyah) from them, and fulfilled the obligations of
 their Muslim       opponents     to Dhimmis, although they regarded their
 Muslim opponents as idolaters.
 b) They held that they should emigrate from the land of their
 Muslim opponents like the Prophet had emigrated from Mecca.
 Then he pointed out that Najdah was opposed by Dawud and his
 followers, ‘Atiyah         and his followers, and Abu Fudaik and his
 followers.       They disagreed with him about certain points through
 which      they   claimed that he had gone astray.        "Although what they
 disagreed about with him could not be more serious than what
 they agreed about with him concerning taking the people of Qiblah
 (i.e. the Muslims who pray towards the Ka'bah in Mecca) into
 captivity, killing their children, enslaving their women, seizing the
 property, killing them without reason, and forbidding inheritance
 from them. They are all erroneous and negligent of the truth."100
 He pointed out further erroneous doctrines which distinguish those
followers.101
Similar accounts     of the   Kharijite doctrines       were  given   in other
lbadhi sources accompanied by a strong argument against them,
based on the Qur'an, Sunnah, the example of the early Muslims
and old Muhakkimah.102                Besides refuting the views of the
extreme Kharijites, early Ibadhi Imams made their policy quite
clear on those issues.              When      ‘Abdullah b. Yahya al-Kindi
consulted the Ibadhi         leaders of Basrah about revolting, Abu
‘Ubaidah Muslim b. Abi Karimah, the second Imam of the Ibadhi
community      in Basrah and his colleagues wrote to him, "When you
come      out (for jihad) do not exceed the proper bounds or be
 perfidious; follow the example of your good predecessors and
 adopt their way, for you have learnt that what has driven them to
fight the rulers was disapproval of their deeds."103
 The outlines of the Ibadhis' attitude on their relations with the rest
 of the Muslim community were expressed by ‘Abdullah b. Ibadh in
 his well-known      statement,      "We    do not regard our Muslim
 opponents (mukhalifun) as idolaters, for they believe in the unity of
 God, the Book, and the Messenger. But they are 'infidels-ingrate’
 (kuffar al-ni'am). We hold it lawful to inherit from them, marry from
 them, and live among them. The faith of Islam unites them (with
 us)."104     This statement was confirmed and repeated by the
 contemporary and subsequent Ibadhi authorities, such as Salim b.
 Dhakwan,     ‘Abdullah b.      Yahya al-Kindi, and Abu Hamzah al-
 Mukhtar b. 'Awf.
 ‘Abdullah b. Yahya al-Kindi, the first lbadhi Imam of Hadramawt
 and Yemen, wrote in his letter of commission to his governor, ‘Abd
 al-Rahman b. Muhammad,"We do not block people's way and
 murder them on sight without inviting them first to realise the truth.
 But we invite them to the truth. He who accepts it enjoys all the
 rights that the   Muslims    (i.e.   Ibadhis)   enjoy,   and is subject to all
  PLATS:                                 IN VQ BEXSSSSS
their obligations.         He     who    denies the truth and fiights t us wee fight
him and ask God to give us support against him"105
lbadhis repeatedly expressed this attitude of inviting people and
giving them a chance to understand the view of the Ibadhis, and
waiting     for them to decide their attitude first. They always made it
clear that they would             fight their opponents      only when the latter
attacked      them first.       Practical examples        of this Ibadhi    attitude
appear continuously throughout their history, whereas the policy of
murdering opponents without previous warning known as ‘isti'rad,
was the distinguishing mark of the Azraqis all times. It was also
one of the main issues which made the Ibadhis oppose the
Azraqis and other extreme Kharijites, as well as other extremist
attitudes resulting from their regarding their Muslim opponents as
 idolaters.        The attitude of the Ibadhis on those issues was
expressed in different forms by 'Abdullah b. Yahya, Abu Hamzah
 and Salim b. Dhakwan. ‘Abdullah b. Yahya wrote, ".... This is our
 policy   (Sirah).     We     do     not punish the innocent for the guilty, the
 good for the evil, the woman for the man, or the young for the old.
We do not slay people on sight without calling them to the truth
first, and making it clear to them."106
 He also wrote in the same letter, "...he who fights us, we fight him
 back, and inspect his property in order to return to its owners
those     of people's      rights     of which    he had taken possession, and
 hand back to him what belongs to him through which he caused no
 injustice to anyone, and we deliver it to his descendants and heirs.
 No booty or captives should be taken from the people of the
 Qiblah (i.e. Muslims), for they are not like polytheists whose
 property     is to be     despoiled        and their women and children taken
 captive.      But the people of the Qiblah are two parties of which one
summons          to   what     is    right,   holding  fast to it, and    the  other
summons to injustice and persists in it."107
Abu Hamzah al- Mukhtar b. ‘AWE one of ~~ prominent Ibadhis of
Basrah, and the most important leader in the wars of ‘Abdullah b.
Yahya al-Kindi, said, "We give you (i.e. non-lbadhi Muslims) the
choice of three attitudes of which you may take of yourselves
whichever you          prefer.   May God bless him who chooses for
himself.     It may be either that of him who assumes the same views
as we     do    and   believes  in what we propagate.    His proof directs
him to struggle with us by himself. He will therefore receive the
same reward as one of the mujahids among us, and will receive
the same share in the booty as one of our best men. Or it may be
that of him who acknowledges this affairs (i.e. Ibadhism) and stays
at home,        does not take action, but summons unto it with his heart
and tongue.         His position (in the eyes of God) may be better than
ours.     Or that of the third who dislikes our views but refrain from
opposing us by hand and tongue.               He is allowed to leave with
safety granted for his family and property. If we gain the victory
we will not shed his blood: and if we were killed he is saved the
trouble of fighting us, and it may be that he will not live in his
infidelity except for a short time!"108
The earliest and most detailed account of Ibadhi policies on those
issues -policies which were violated by the extreme Kharijites - are
given in the Sirah of Salim b. Dnakhwan, of which the following are
extracts:
"We recognise the right of parents, the right of relatives, the right
of the poor, the right of the travellers, the right of the friend, the
right of the neighbour, and the right of the slaves we own, and
hold that it is our duty to fulfil their rights, regardless of whether
they were good or evil. To those who entrusted it to us we deliver
back the trust of all people, our people and others. When we can
we give them back ail that is taken from them unjustly by our
people. We give protection to those of our people and others who
sought it from us, and grant safety for those who abstained during
the fighting (between us and our opponents; without being in any
doubt about their error in taking aan ects position between
right and evil for "There is nothing after the truth but error" When
we    settle our account with our opponents, and are faced with their
case, we invite them         to follow the Book of Allah and to gnosis of
the truth,   and    support   of its   adherents, and to dissociation from
evil and enmity to its followers. To him who recognises the truth
and accedes to it and supports us for it, we give our ‘friendship’
and support and prohibit shedding his blood. He should struggle
on our side.        He among them who denies the right of Allah,
preferring blindness to guidance, and disagreement with Muslims
to agreement      with   them;   we    dissociate   ourselves   from him and
fight him until he accepts the precepts of Allah or dies believing in
error, without regarding them as idolaters or permitting capturing
them, killing their children, taking their property for spoils or
prohibiting inheritance from them.                We do not approve of
 assassinating    our    people (i.e. non-lbadhi Muslims) or killing them
 secretly even     if they were misguided (dullal), as long as we lived
 among them appearing to accept their government, for God did not
 command it in His Book.             Nor did we know of any one of His
 friends and worshippers of the communities of the part in the same
 circumstances, as we are, who held any such thing lawful, so we
 follow their example.         None    of the   Muslims who were at Mecca
 acted thus against the polytheists,           so how    should   we act thus
 against the people of the Qiblah.         God has ordered that covenants
 with those people suspected of treachery be nullified. He said,
 "And if thou fearest treachery anyway at the hands of a people,
 dissolve it (covenant) with them equally; surely God loves not the
 treacherous."     (Qur'an=viii.58) ... It is reprehensible that any one of
 the Muslims, (i.e. Ibadhis) should accept an assignment to any
 post with kings or rulers of our people, as long as they remain in
 error.... He who fights with them arrives at one of two positions;
 either friendship with them and acceptance, or supporting them
 and strengthening their rules."
"We hold it ‘lawful to marry from among ourSOs and to inherit
from them.      This is not prohibited for us as long as they face our
Qiblah, for the Muslims used to marry from the hypocrites and
inherit from them,        though they knew and saw more of their
misdeeds than those seen of our people today. We disapprove of
accusing any one of those who face our Qiblah of that which we
have no knowledge, for great many of the Kharijites hold it lawful,
in their religion, to accuse of adultery one of their people, whom
they know to be innocent, out of their opposition to him. They
might even never have spoken to him, nor might any one of their
supporters and friends have told them that he had spoken to him,
and     they knew nothing of his actual conduct.        God said, "O
Believers, be you securers of justice, witnesses for God. Let not
detestation for a people move            you not to be equitable; be
equitable - that is nearer to god fearing. And fear God; surely God
is aware of the things you do."110 (Qur'an v: 8)
"We do not believe in killing our people on sight before inviting
them to reconsider the truth and adopt it, as long as they face our
Qiblah, for God loves 'summoning’, (al-Da'wah), and ordered His
Apostle to do so.        God has said, "O Prophet, We have sent thee
as a witness, and good tidings to bear and warning, calling unto
God by His leave, and as a light-giving lamp." (Qur'an: xxxiii.46);
and said, "Call thou to the way of thy Lord with wisdom and good
admonition and dispute with them in the better way. Surely thy
 Lord knows very well those who have gone astray from His way,
and    He   knows   very well those who are guided." (Qur'an:xvi.125);
and said, 'Say: "This is my way. | call to God with sure knowledge,
 | and whosoever follows after me. To God be glory! And | am not
among the idolaters." (Qur'an: xii.108); and said, “Let there be one
community of you, calling to good, and bidding to honour, and
forbidding    dishonour,   those are the prosperers." (Quran: iili.104).
Then He said, "And who speaks fairer than he, who calls unto God
 and does righteousness and says, ‘Surely | am of the Muslims"
 (Qur'an: xii.33).
"We do nott permit killing a child of the seople 0 of 0our Qiblah who
has not sinned, or committed any of that about which the people of
the Qiblah disputed among themselves; that is to say asin of
another older person who understood God's command and knew
of the affair about    which    people disagreed, then chose to follow
ignorance after knowledge, and blindness after the clear proof.
But the state of the descendants of those who face the Qiblah
today would be the same as if they were governed by a rightly-
guided imam, ruling them with obedience to God - yet some of
their parents had broken away from him (i.e. the Imam) on a matter
of uncertainty, so that they (the descendants) did not acknowledge
either   (Walaya) with the Imam, or yet (Bara’ah) from those of their
parents who disagreed with the Imam. We do not hold it lawful to
marry a woman married to another man in accordance with the
Book of God and the Sunnah of His Apostle, unless her husband
has divorced her or died, and she has waited after that for the
fixed period (‘iddah) for a divorced woman, or the period fixed for
the widow whose husband has died.
 “We declare ourselves disassociated from anyone who openly
 commits an act of disobedience to God, or an act for which He has
 threatened chastisement, and from any perpetrator of which act
 He has commanded excommunication and disassociation...111
 “We   do not take anyone for a 'waliy' except him who has openly
 acknowledge before us what is due to God and acted in obedience
 to God, in     ‘Walaya'     with His ‘awliya’,  and opposition  to His
 enemies."
 "We   do   not claim  (hijrah)  emigration from the land of our people
 like the emigration    of the    Prophet and his Companions from the
 land  of their people.   But those of us who come out   - come  out for
 jihad in the cause of God and obedience to Him. If he returns to
 the land of his people we still regard him as (waliy) if he
acknowledges      what is “due     to> God with regard t to; himself and his
property.
"We take as ‘awliya’ both the woman and the slave in coming out
for jihad (Khuruj), tf we know               of their acceptance and the
acknowledgement of the truth, and that they hold belief in ‘Walaya’
with (followers of it) before they (the woman and the slave) come
out, (and if we know) that they do only come out because of their
love for Islam and inclination towards it apart from anything else;
for God said, "And the Believers, men and women, are friends one
of another; they bid for honour and forbid dishonour, they perform
the    prayer,  and    pay    the alms,     and   they obey     God   and  His
Messengers.       Those     upon   them    God   will   have   mercy;  God   is
Almighty, All-wise." (Qur'an: ix.71).
"We do not hold that any group of Muslims should give the oath of
allegiance to their Imam except for jihad in the way of God, and
obedience to him in regard to what is right until they die or gain
victory over their enemies. They should appoint (to the Imamate)
the best and the most learned person among themselves.
"We take for 'Walaya’ both those of us who come out and those
who stay at home.          Those of us who stay acknowledge for those
who come out the priority (fadilah) that God granted them."112
These points, discussed above by Salim b. Dhakwan, presented
not only the Ibadhi views on the issues with which he dealt, but
also presented      strong   rejection   of the    all Khariji views on those
 issues.
 It is clear from the above discussions and quotations from early
 Ibadhi literature that       there is hardly any point of agreement
 between Ibadhis and Kharijites. In fact, Ilbadhis disagreed with the
 Kharijites in all their doctrines, and opposed them in theory and
practice. The only point they have in common with the Kharijites Is
their view of the Muhakkimah.
Having discussed the lIbadhi view of the Kharijites and their
movement, it may be of some value to mention briefly their view of
the powers of the contemporary ‘Umayyads and the Shi'ites. In his
sermon in Medina, Abu Hamzah al-Mukhtar b. 'Awf expressed
clearly the Ibadhi opinion of both the ‘Umayyads and Shi'ites.
After speaking about the deeds of the 'Umayyad Caliphs one by
one, starting with Mu'awiyah and ending with Yazid b. 'Abd al-
Malik, Abu Hamzah spoke about the rule of the ‘Umayyad dynasty
in general in the following words:
 "The   sons of 'Umayya are a party of error, and their strength is the
 strength of tyrants.         They punish on suspicion, according to their
 whims and put men to death in anger, and judge by intercession,
 and   take    the   law out of context, and distribute the public moneys
 to those not entitled to them for God has stated clearly these
 entitled to it, and appointed them eight classes of people, for He
 says, "The freewill offerings are for the poor and the needy, those
 who work to collect them, those whose hearts are to be reconciled
 and slaves and debtors, and those in the way of God, and
 travelers.”     (Qur'an:   ix.60)   They  make themselves the ninth and
 take it all!      Such    are those who    rule by what God has not sent
 down.''113
 About     the   Shi'ah   party,   Abu Hamzah said, "As for these factions
  (of 'Ali), they are a faction which has repudiated the Book of God
 to promulgate lies about Him.            They have not left the people (of
 the community) because of their insight into religion (as we have),
  or their deep knowledge of the Qur'an; they punish crime in those
 who commit           it, and commit it themselves when they get the
  chance. They have determined upon tumult and know not the way
  out of it.      Crude in (their knowledge of) the Qur'an, following
  soothwayers; teaching people to hope for the resurrection of the
dead, and expecting the return (of their Imams) to this world;
entrusting their religion to a man who can not see them! God smite
them! How perverse they are!"114
In   this     sermon        Abu    Hamzah        also  spoke   about  his party,  the
Ibadhis,     their    cause      and      their  motives.  Addressing his words to
the   people of Medina, Abu Hamzah said, "We call you to the Book
of god,      and     to the Sunnah of His Prophet, and the equal sharing,
and    to justice for the           subject peoples, .and to putting the fifths of
the   booty      in the places God ordained for them."              Then he went on
to describe his party, their aims and motives, and their reasons for
revolt, "As for us, we have not taken up arms lightly or frivolously,
for play or amusement, or for a change of government in which we
hope     to immerse ourselves, or for the revenge that was taken from
us;   but we       did    it when       we saw the earth had grown wicked, and
proofs      of    tyranny       had      appeared,    and   religious  propagandists
increased,        but men did as they pleased, and laws were neglected,
and the just were put to death, and speakers of truth treated
violently and we heard a herald calling us to Truth and the straight
Path, so we answered the summoner of God..... and by His grace
we became brethren...."115
 However,       "It cannot        be doubted," as Macdonald said, "that these
men     were      the true representatives of the old Islam.            They claimed
for themselves the heirship to Abu Bakr and 'Umar, and their claim
was just. Islam had been secularised; worldly ambition, fractricidal
strife, luxury, and sin had destroyed the old bond of brotherhood.
 So they drew themselves apart and went their own way, a way
which their descendants still follow in Oman, in East Africa, and in
Algeria."116           It may be necessary to mention here that Professor
 Macdonald, when writing these words, had no clear distinction
 between Ibadhis and Kharijites, but it is clear that his description
 can be correct only if it was applied to Ibadhis.
 1.        Mubarrad,        Kamil,   III], 1054,   1051.
2.        Al Malati, ‘alTanbih wa “abradd ‘alaSs al- ‘ahwa’ wa
 al'bida', editor Muhammad Zahid al-Kawthari, (Cairo, 1949/1368),
 55.
3.        Ibid. 55,56.
4.        lbn     Hazm,   Jamharat 'ansab al-Arab, editor B. Leve
  Provincial (Cairo, 1948), 207; Ibn ‘Abd Rabbih, al-‘Ilqd al-farid,
 editor Anmad Amin and others, (Cairo, 1940—), Ill, 346-347.
5.        Al-Qutb, Muhammad b. Yusuf Atfaiyish, Risalah Shafiyah fi
  ba'di al-tawarikh, (Lithog. Algiers 1299 H.), 49. (I have seen a Ms.
  of this work under the title: al-Hirz al- Matin lil-agl wa al-din,
  Baruniyah, Jerba.); al-Tabari, Muh .b. Jarir, Tarikh al-Rusul wa al-
  Muluk. editor Muh. Abu al-Fadl Ibrahim, (Cairo, 1963), V, 566-567.
6.        Al-Qutb, op. cit., 49
7.        Abu 'Ammar Abd al-Kafi, Mukhtasar Tabagat al-Masha’ikh.
  Ms2;     Darjini, Tabagat., Ms.205-6; Muh b. Zakariya al-Baruni.
  Tabagat. Ms.3.
 8.        The letter of ‘Abdullah b. Ibadh to 'Abd al-Malik b. Marwan
   in: Barradi, al-Jawahir al-Muntagat fi ma ‘akhalla bihi K. al-
  Tabagqat., Lithog. Baruniyah, Cairo, 1300H) 163-164.
   9.      Tabari, Tarikh, V. 563.
   10. = Ibid., V. 566.
   11.     al-Ash’ari, Maqalat al-Islamiyin., editor H. Ritter, (Istanbul,
   1929), 86 ff.; Shahrastani, Milal, editor Anmad Fahmi Muhammad,
   (Cairo, 1948/1369), |, 179-86; Mubarrad, Kamil., Ill, 1031-32.
   12. — Ibid, Ill, 1040; Ibn ‘Abd Rabbih, al-'lad., |, 261.
   13. | lbn Hazm, Jamharah, 207; al-Dhahabi, Lisan al-Mizan., III,
   248; Ibn Khaldun, Tarikh., Il, 656.
   14. | Shammakhi, Siyar., 77; al-Qutb, Risalah shafiyah., 43,
   quoting the Omani author lbn Wassaf.
   15.      Qalhati, al-Kashf wa al-bayan., Ms.224 b; Rugaishi, Misbah
   al-zatam., Ms. 74; Mus'abi, Hashiyah ‘ala al-Musarrih., Ms. 147 a.
   16.      For the texts of the letters of ‘Abdullah b. Ibadh see:
   Barradi, Jawahir, 156-67; Sirhan b. Sa'id, Kashf al-ghummah.
    17.      'Amrus b. Fath, al-Dainunah al-safiyah., Ms.4.
18. “AL Qutt, Risalah Shafisfiyah. ‘51: Abdu ss                      al. Warijlani
Siyar., Ms.15 a. See also below.
19.      Al-Baghdadi, al-Farq bain al-firag, editor Kawthari, (Cairo,
1948/1367), 62.
20.      Al-Kadmi, Muhammad b. Sa’'id, K. al-'Istiqamah, Ms.35.
21.      Al-Qazwini, Zakariya b. Muh., K. 'Athar al-bilad wa 'akhbar
al-'ibad., editor Wustenfeld, I, 37.
22.      Shahrastani, Milal., |, 212-213.
23.      Qalhati, Kashf., 224 b; Ruqaishi, Misbah., 74
24.       Tabari, Tarikh., VII, 348, 374-76, 399-402; Abu al-Faraj al-
Isfahani, Aghani., editor Farraj, XXIII, 111-158.
25.       Qalhati, op, cit., 230 a-b.
26.      Darjini,  Tabaqgat., 231-232 Shammakhi, Siyar., 85 For more
clearly see below.
2/.      Lewicki, art. "Al-Ibadiyyah", E.!., 2nd edition 649.
28.      Ibn Hazm, al-Fasl fi al-milal wa al-nihal., IV, 191.
29.      Loc. cit.
30.      Al-Dhahabi, Lisan., Ill, 248.
31.      lbn Hawaal, Surat al-ard., |, 95.
32.      Lewicki, op. cit., 648.
33.       Al-Jannawni, K. al-Wad., editor Abu Ishaq, (Cairo n.d. 22):
Amr    b. Jumai', Muqaddimat al-tawhid., editor Abu Ishaq (Cairo,
1353 H.) 54.
34.      Shammakhi,        Sityar.,   77:   al-Qutb,     Risalah   shafiyah.,    43;
Jumaiyil     b. Knamis,     Qamus      al-shari'ah.,    Ms.   Part 88,    the page
related to the subject.
35.      Ibn al-Nadim, al-Fihrist., 258-329.
36.       Barradi, al-Bahth       al-sadiq wa al-'istikshaf fi sharh K. al-'Adl
wa al-'insaf., Ms. |, 29.
37.      Loc. cit.
38.      Wisyani,    Abu    al-Rabi'    Sulaiman     b.   ;Abd al-Salam, Siyar.,
Ms. 15.
39.       Barradi, al-Jawahir. Lithogr. Cairo, 1302.
40.      Almost the same information from Abu Sufyan was reported
in the Siyar of Shammakhi, but it is not known whether he was
using “Darin only « or had access to the Ss                     work    of. Abu
Sufyan.
41.     A complete copy of this Sirah is to be found in a Omani Ms.
of mixed contents which is believed to be part of Tarikh al-Bisyani
or his al-Sirah        al-Kabirah,    (Cl:   Salimi, Lum'ah.,  84). A Xeroxed
copy of this Omani Ms., which was given to me by Omani friends,
is in the possession of the Library of the Faculty of Oriental
Studies, Cambridge.
42.      There are complete copies of this Sirah in: Qalhati, al-Kashf
wa al-Bayan., Ms 160a - 195b; The Omani Ms. mixed contents,
125-161; another Omani Ms. of mixed contents together with the
Sirah of Abu al-Mu'thir al-Salt b. Khamis, the Sirah of al-Munir b.
al-Nayir al-Ju'lani, and the Sirah of Shabib b. 'Atiyah al-Omani
(This Ms. also was given to me by a Omani friend).
43.      | am using a Ms. of this Sirah sent to me by an Omani
friend.      It occupies the first 70 pages of a Ms. of mixed contents.
 For the biography of Abu Kahlan cf. Ibn Midad, Sifat nasab al-
 ‘'ulama wa mawtihim., 35.
44.      For the texts of the sermons of Abu Hamzah and Abdullah
 b. Yahya al-Kindi cf.: Isfahani, Aghani., Jahiz, al-Bayan wa al-
tabyin.:     Ibn Abi     al-Hadidi,    Sharh    Nahj al-balaghah. cf. infra, (53
 Note 115).
 45.      Mukhtasar        Sifat ‘'ahdath 'Uthman (Part of a Omani Ms. 161-
 176)     (See       also, Barradi, Jawahir., 219;            Motylinski,    Arrt.,
 "Bibliographic due Mzab."                 Bull de Corresp. Africa., Ill, 16;
 Rubinacci, “Il ‘K. al-Jawahir di al-Baradi." A.I.U.O.N., N.S., IV,
 Rome, 1952, 106); For the letter of lbn Ibad, Barradi, Jawahir,
 161-167; Salim b. Dhakwan, Sirah., 195-201.
 46.       Barradi, op. cit., 102; Abu Qahtan, Sirah., Ms 21 IC. Salim
 b. Dnakwan, Sirah., Ms. 202.
 47.       Darjini, Tabaqat., Ms. 198; Barradi, op.cit., 105;
 Shammakhi, Siyar., 72; Abu Qahtan, Sirah., 23.
 48.       Ibid., 25 1C.; Salim b. Dnakwan, op. cit., 202.
 49.      _—Ibid., 203-204: Abu Qahtan, op. cit., 29 h.
   codPoas .
50.          Abu ‘Ubaidah Muslim b. Abi Karimah. ‘Masa d Abi Ubaidah..
Ms.25.
51.            Barradi, Jawahir., 141.
52.          Salim b. Dnakwan., 203-204.
53.            Barradi,     op.    cit.,   146-147;    Abu Qahtan, Sirah., 32. Tabari.
Tarikh., V. 165-166; Mubarrad, Kamal., Ill, 978.
54.          Abu Qahtan, op. cit., 33.
55.            Tabari, Tarikh, V. 312-314; Mubarrad, Kamil., II] 991. lbn
Abu Abi al-Hadid, Sharh Nahj al-balaghah., editor Harun, V.84;
Darjini, Tabagat., 206-213.
56.          Al-Jahiz,        al-Bayan wa al-tabyin., editor Harun, Cairo, 1948-
1367, Il, 65: Mubarrad,                  Kamil., Ill, 949; Darjini, op. cit., 207.
9/7.           Darjini,    op.    cit.,   198;   Barradi,   Jawahir., 105: Shammakhi,
Siyar..72.
58.          See below, 75-76.
59.          Warijlani, Abu Ya'qub Yusuf b. Ibrahim, al-Dalil., Ms. 150 b
IC.: Jitali, Qawa’'id., see Part Il text No. 1, 28.; Snhammakhi, Siyar.,
76; al-Qutb, al-Dhahab al-Khalis., editor Abu Ishaq, Cairo, 1343
H., 48; Sharh al-Nil., editor Abu Ishag, Cairo, 1343 H., X, 428-29.,
60.           'Aqwal Qatadah., Ms. VI. 189; Wisyani, Siyar, Ms.31.
61.          Mubarrad, Kamil., Ill, 990.
62.            Ibid., 989, 1001, 1004.
63. __ Ibid., Ill, 985, 989.
64.          —Ibid., Ill, 992; Ibn Abi al-Hadid, op. cit., 85.
65.          Mubarrad, op. cit., Ill, 984.
66.           _Ibid., Ill, 988, 989.
67. — Ibid., Ill, 991-97; Tabari, Tarikh, V, 470-71.
68.          Ruagaishi,         Misbah..,      38:    Jumaiyil   b. Khamis,     Qamus    al-
Shari'ah., Ms. Part 88,                    the    page relating to the subject; al-Qutb,
 Risalah shafiyah., 43.
69.          al-Baghturi,            Maqran        b.   Muhammad,       Siyar    Masha’ikh
 Nufusah, Ms. 3.
70.          Salim b. Dnakwan, Sirah., 204; Abu Qahtan, Sirah., 24-25.
71.          See below, 402-407.
72.            Barradi, Jawahir., 165; lbn Dhakwan, Sirah., 205.
   <A 6M de B: IN NO
73.    | Mubarrad,     Kamil.,    Ill, 1039-1040;       bn ‘Abd Rabbih, al-'Iqd
al-farid., Il, 397-98.
74.      Salim b. Dhakwan, Sirah., 220-221.
75.      _Barradi, al-Bahth al-Sa'diq wa al-'Istikshaf., |, 35; Warijlani,
al-Dalil., Ms. 13b - 14a.             There is a detailed discussion of the
question of the Ma-rigah in the Sirah of Shabib b. 'Atiyah where he
refuted the application of the Tradition about the Mariqah to the
Muhakkimah party as was largely done by the Sunnis.
76.      There are different versions of this Tradition reported in the
Collections of Hadith. A.J. Wensinck, Concordance el tudices de
la Tradition Musulmane,                Leiden, 1967, Vi, 204.       The Ibadhi
version is reported in Musnad al-Rabi b. Habib., |, 15. See also:
Salimi, Hashiyat al-Jami'i al-sahih., Cairo, 1326 H., |, 56-60. The
translation of this Tradition quoted here is taken from Wensinck,
A.J., Muslim Creed., 1965, 41-42.
77. ~~ Salimi, op. cit., 1. 59.
78. ~~ Al-Sufi,     Abu ‘Amr 'Uthman b. Khalifah, Risalah fi bayan kulli
firqah., Algiers. n.d., 61.
79.      Salim b. Dhakwan, Sirah., 204; Abu Qahtan, Sirah., 37; al-
Kadmi, K. al-'Istiqamah., 35. The term Khawarij al-jawr is used in
many places in K. Bayan al-Shar'a’ of Muh. b. Ibrahim al-Kindi, Ms
UIT.
80.       See below, 402-407.
81.       Qur'an: VI, 121, See also: Warijlani, Dalil., 92 b.
82.      This term ‘infidel-ingrate’ is suggested by my supervisor
Professor R.B. Serjeant for the Arabic term, kafir kufr ni’mah,
which_ is used in Ibadhi writings for the Muslims who commit grave
sins. The term was used to distinguish them from kuffar (sin. Kafir)
which can be used also for Polytheists.
83. | Mubarrad, Kamil., ll, 891.
84.       Salim b.Dhakwan, Sirah.,            204., 225;     Abu Qahtan, Sirah.,
85.      This    Tradition     is reported      in most    of the collections   of
Hadith: See A.J. Wensinck, concordance el Indices de la Tradition
Musulmane, Leiden. 1969 VII, 67.
86.       See below, 22/7, 260.
87.      Shahrastani, ‘Milal., "1186. Baghdadi, al- -Farq bain al-firaq..
50-51.
88.      Loc. cit.;See the argument of Nafii' for these issues in his
letter to Najdah in: Mubarrad, Kamil., Ill, 1035-37; Ibn ‘Abd Rabbih,
al-‘Iqd al-Farid. For more details about the views of Azariqah and
the other Khariji groups, see, Elie Adib Salim, Political theory and
institutions of the Khawarij., Baltimore, 1956. Although the author
in this work presented a useful study of the Khawarij in general,
the views given about the lbadhi school were not satisfactory, and
the Ibadhi literature was not properly used. See also about the
views      of the Azariqah and other Kharijites, Watt. Islamic
Philosophy and Theology, Edinburg, 1967, 10 ff.
89.      See below, 70-72.
90.      Baghdadi, Farq., 52, 54. Shahrastani, Milal., |, 163 ff.
91.      There was, for example, the wars of the Ibadhis of Oman
against     Shaiban,    the  leader   of the Sufris.    Salimi, Tuhfah., |, 77;
and    the war     of Abu   al-Khattab     ‘Abd  al-‘A’la  the Ibadhi Imam of
North Africa against the Sufris of Warfajjumah in Qairawan, Ibn
‘Idhari,    Bayan.,    82;   Ibn Khaldun,       Tarikh.,    IV, 191; Nuwairi,
Nihayah., 44; both wars were fought on religious grounds.
92.      Qur'an: X.32.
93.      This statements refers to the Qur'anic verse. "God has
preferred in rank those who struggle with their possessions and
their selves over the ones who sit at home.” Qur'an: IV.95.
94.      Salim b. Dnakwan, Sirah., 204.
95.      —Ibid., 205.
96.      Qur'an: IX.99.
97.      Salim b. Dnakwan,       op. cit., 206.
98.      See the Quran: XI.28 ff.
99.      Salim b. Dhakwan, op. cit., 206-7.
100.     Ibid., 210-11.
101.     Ibid., 211-12.
102.     Bisyani, Sirah.,     Ms. 17; Warijlani, Dalil., 13 b - 14 a: al-Adl
wa al-'insaf., Ms. 11, 310 ff.; Qalhati, Kashf., 197 a - 204 a.
103.     Isfahani,   ‘Aghani.,   XIll, 112; Jumaityil b.Khamis, Qamus al-
shari'ah., Part 88, the page related to the subject.
104.     Ibn ‘Abd Rabbih, al-‘lqd al-farid., |, 261: Mubarrad. Kamil.,
lil, 1041.
105. Jumaiyil b. Khamis loc. cit.
106.     107, Loc. ctt.
 108.    Loc. cit.
 109.    Qur'an: X.32.
 110.    bn Dhakwan, Sirah., 221-223.
 111.    Ibid., 223-24.
 112.     Ibid., 224-25.
 113.    Williams, John Alden, Islam., New York, 1961, 218.
 114.     Ibid., 218-219.
 115.     Ibid., 216. For     the different versions and complete texts of
 the sermons of Abu Hamzah see: Jahiz, Bayan., Il, 121-25;
 'Isfahani, Aghani., XXII. 130-139; Ibn 'Abd Rabbih, al-'Iqd al-farid.,
 IV, 144-47.; Ibn Abi al-Hadid, Sharh Nahj al-balaghah., V, 114 ff.
 Darjini, Tabagat., 251-55; lbn Sallam, Bad'ul-'Islam., Ms. 45-46.
 116.     Macdonald, Duncan B., Development of Muslim theology,
 Jurisprudence and Constitutional theory., Beirut. 1956, 24.
 JABIR B. ZAID AL-'AZDI
 The Founder of the Ibadhi School.
 Abu al-Sha'tha’ Jabir b. Zaid al-'Azdi al-Jawfi of Banu ‘Amr b. al-
 Yahmad, a branch of al-'Azd tribe. He comes from Fara, a village
 between Manah and Nazwa in 'Oman1 where he was probably
 born and where he moved with his family to settle in Darb al-Jawf
 in Basrah, a place which took its name from the area in which the
 tribe of Jabir was living in'Oman2. Yaqut mentioned a place in
 Oman which was inhabited by the Azdis known as Jawf al-
 Hamilah.3 It is possible that Jabir's family came to Basrah with the
 army formed by 'Uthman b. Abi al-'As to fight against the Persians;
 this army included a large number of Azdis. According to Salimi,
 after defeating the Persians and killing their leader Shah-rak or Ibn
al-Hamra’, the army headed towards Fars and settled in Tawwaj,
then it moved to Basrah during the rule of ‘Abdullah b. Amir, who
was the governor of Basrah for ‘Uthman b. Affan.4 It is reported
that the man who killed the Persian leader was Jabir b. Hadid al-
Yahmadi,5        of the      same   family   as    Jabir b. Zaid;  a fact which
suggests that the members of the family of Jabir b. Zaid were
among the army and they settled in Basrah during the caliphate of
‘Uthman.       Salimi suggests that Jabir was born in Farq in 'Oman
and   traveled     to    Basrah to acquire learning;6 but this idea can be
rejected,   for,    if Jabir traveled to Basrah for learning only he would
have    returned to Oman afterwards to rejoin his family, but he lived
in Basrah all his life.           The following dates are given for Jabir's
birth; 18 A.H. (639 A.D.)7 and 21 A.H. (639 A.D.)8. Some sources
aver that Jabir was present in Medina on the day on which the first
Caliph Abu Bakr was elected.9                   there is no information about
Jabir's childhood or early life; and nothing is known about his
parents. Therefore we have to proceed in this study to discuss his
learning and education.
Islamic   studies       had   not  been established yet in the time of Jabir;
apart from reading and writing, there was the Qur'an which was to
be memorised (by heart) by Muslim students, the Traditions of the
Prophet, and the Futya, legal opinions formulated by the first
Caliphs and outstanding Companions. The teachers from whom
this knowledge of Islam could be obtained were the Companions
of the Prophet. Jabir was fortunate enough to be a contemporary
of a large number of the veteran Companions. He met seventy of
the Companions who were present at the greater battle of Badr
and learned from them all the history (akhbar) and Traditions they
knew.10       He also met ‘A'ishah, the favourite wife of the Prophet
and asked her about the private life of the Prophet,11 and
discussed with her the political problems of the Muslim community
in which she played a major part.12 Apart from Abdullah b. ‘Umar,
‘Aisha,   Abdullah         b.   Mas'ud,    and    Anas   b. Malik,  his principal
teacher    was     ‘Abdullah b. ‘Abbas,      13 the most learned man among
  ZANE S: IN Va RSS“
the younger Companions and known as Habr al-'Ummah (the
learned man of the Muslim community and as al-Bahr (the sea)
because        of his           vast knowledge both of the Quran,                        its
interpretation, and of the Sunnah. Jabir was a close friend of Ibn
‘Abbas and his favourite pupil.14
Jabir     learned        the     Traditions      of   the    Prophet     from    all    the
Companions          he   met     in Basrah,      Medina,      and  Mecca.        He took
advantage of the Hajj to meet the Companions who came to
Mecca at that time for the Hajj from other parts of the Muslim
countries.       It is reported that Jabir traveled between Basrah and
Mecca no less than forty times on the Hajj.15                           His avidity for
acquiring the Traditions of the Prophet made him go to any lengths
to collect them. He traveled especially to Medina and went to the
Banu ‘Amr b. Hazm al-'Ansari and asked them to show him the
letter which the Prophet sent with their father ‘Amr b. Hazm to the
people of Yemen concerning zakat, which they did.16                                   Jabir
acquired a wide knowledge of the Qur'an, Traditions, and Futya.
His teacher Ibn ‘Abbas was completely satisfied with him. It is
reported that Ibn ‘Abbas said, "If the people of Basrah turned to
the knowledge (‘ilm) of Abu al-Sha'tha’, he would enrich them with
the knowledge of the Book of God."17 He also described Jabir as
one of the learned men, and believed that Jabir had attained such
a high standard               of knowledge that no-one, even Ibn ‘Abbas
himself,    need be resorted to in order to formulate legal decisions if
Jabir   had    already       expressed       his    opinion.    When al-Rabi, a man
from   Basrah,        asked      Ibn    ‘Abbas for his legal decision concerning
certain    problems, lbn; Abbas said, "How can you ask us when you
have     Jabir      b. Zaid       among     you?"18        Other   Companions,         viz.,
‘Abdullah     b 'Umar,         Jabir    b. 'Abdullah      al-Ansari,    hold the same
opinion    of Jabir as Ibn             ‘Abbas; al-Bukhari reported from Jabir b.
Zaid    that     he     said,      Ibn    ‘Umar     came    across   me    while     | was
performing the tawaf (circumambulation of Ka'bah) and said to me,
'Jabir, you are one of the learned men of Basrah, people will come
to you asking for fatwas, so do not give any legal decision unless
it is5 clearly. stated in the> Qur’ an or a genuineSS                         otherwise
you will go astray and lead the people astray."19                             It is also
reported that Zaid b. Jubair consulted the Companion Jabir b.
‘Abdullah al-'Ansari about a certain case. After he had given his
opinion, he said, "Why do you ask me when Abu Al-Sha'tha is
among you?"20 So then Jabir was one of the outstanding learned
men     of Basrah      - according        to Muhammad          b. Mahbub, Jabir had
more knowledge (‘ilm) than al-Hasan al-Basri.21 Jabir became the
Mufti of Basrah22 and spent his life delivering legal opinions,
teaching the Traditions of the Prophet, and transmitting his vast
knowledge of Islam to his students. Since Jabir was a prominent
Tabi'i    (follower), his contribution to the growing Muslim community
can    be   understood       within    the context       of the     part played by the
class    of al-Tabi'un      (followers      of the Companions),          heritors of the
Companions’         direct   knowledge        and    practice of Islam, which they
transmitted      to their     students.     Being a student closely associated
with Ibn ‘Abbas, who participated in most political activities of the
Muslim community from his youth, Jabir was able to learn about
the conflicting attitudes in the political activities which started with
the civil strife during the Caliphate of ‘Uthman, and ended with the
ascendancy of Mu'awiyah.
Living in Basrah, one of the major centres of political activities,
and being contemporary with the events of the lively period (28-93
A.H.), Jabir was able to form a clear understanding of the
complicated course of the political and religious affairs of the
growing       Muslim      community.         As   a   result,    he   chose     the    most
effective    way     to attain    his aims.         He kept himself apart from all
Political     activities    and     followed      a very      careful    course     in   his
relations with the 'Umayyad rulers. On the other hand, he devoted
his time to teaching people Islam and formulating legal opinions
on religious problems.
With      regard    to  his   way    of life,   Jabir    led   a   pious   and     ascetic
existence.        He   once     said, "Il asked of my God three things which
He granted me;          a good    wife,  a   good riding camel and my 1 daily
bread upon         which to live from day to day."23 Speaking about his
wealth, Jabir told his companions, "! am the richest of all of you; |
possess no dirham, nor do | owe any one a dirham."24 al-Hajjaj b.
'Uyaynah said, "Jabir b. Zaid used to visit us in our mosque; one
day he came wearing an old pair of shoes and said, "Sixty years of
my life have passed; these shoes of mine | like more than any
other thing which is past, unless it be good work | have done."25
Muhammad b. Sirin said, "Abu al-Sha'tha’ was pious.26 Simplicity
and piety are the main attributes of Jabir's life.
 Jabir's wide knowledge of the interpretation of the Qur'an and the
 Sunnah made him an outstanding figure in this field of knowledge,
 and he is described by the Traditionalists as reliable (thiqah).27
 The only exception to this was a al-Asili, who regarded him as
 weak (dha’if) Traditionalist, but his view was rejected by Ibn Hajar
 al-‘Asqalani.28          Apart from his regular students who studied
 Traditions and Futya with him, people used to come to him
 seeking his legal opinions on religious matters. Some of these
 opinions were written in the form of questions sent to him by
 friends outside Basrah. He is described as the most learned man
  in the field of Fatawa.29 Many of his students used to put down
 his legal opinions in writing, but Jabir was not in favour of
  recording his opinions in this way; On hearing of his students
 writing   them down, Jabir commented, "To God we belong (Inna
  lilah).   They are writing down the opinions which | may change
 tomorrow!30            Yet not-withstanding,      most    of his opinions   and
  narrations (riwayat) were recorded by his students.             His knowledge
 was transmitted to later generations through two channels; the
  main one based upon what was recorded by his Ibadhi students
  such as Dhuman b. al-Sa’ib, Abu 'Ubaidah Muslim b. Abi Karimah,
  Abu     Nuh     Salih   al-Dahhan,    Hayyan    al-A’raj,   and   others.  The
  second      is    based    upon   what was     recorded     by his non-lbadhi
  students,      among     whom   were    ‘Amr b. Harim, Qatadah b. Di‘'amah
  al-Sadusi, Aiyub al-Sikhtiyani, and others.31
Among   | ‘the    extant
                  |          works       | in which     legal “opinions        (Fatawa) 2and
narrations (Riwayat) from Jabir are recorded are: -
1)      Riwayat Dumam; narrated by Abu Sufrah ‘Abd al-Malik b.
Sufrah, from al-Rabi’ b. Habib, from Dumam from Jabir b. Zaid.32
2)      Musnad           al-Rabi     b.     Habib    al-Farahidi,      from Abu 'Ubaidah,
and Duman from Jabir b. Zaid.33
3)      Jabir's       correspondence              (Jawabat)      which     contain   some of
his legal        opinions       sent       in letters to some           of his friends    and
followers.
All these      were        recorded by Ibadhis.           There are also the following
works:-
1)      Kitab al-Nikah,           which contains legal opinions on marriage,
reported from Jabir.               It is still not known by whom this book was
narrated,      but      being    included in the Ms. of K. Nikah al-shighar, by
‘Abd   al'-Aziz,        this suggests          that  it was probably narrated by the
same author of K. Nikah al-shighar.34
2)      K. al-Salat,35 this book is narrated by Habib b. Abu Habib
al-Harmi, from 'Amr b. Harim from Jabir b. Zaid.36
3)      The         narrations from ‘Amr b. Dinar, and ‘Amr b. Harim,
included in parts V and VI of K. Aqwal Qatadah, contain Traditions
and legal opinions mainly on the subject of marriage, zakat, and
prayers, besides his other legal opinions and Traditions reported
from him by Qatadah.38
It is reported that the books of Jabir were in the possession of Abu
‘Ubaidah Muslim b. Abu Karimah, then                              they came to al-Rabi' b.
Habib,      then Abu           Sufyan          Mahbub       b.     al-Rahil, then his son
Mohammad             b.     Mahbub,          from   whom       they were      transcribed   in
Mecca.39
Some Ibadhi historians                  reported that Jabir himself wrotea large
book of Traditions and                  legal opinions (Futya) known as Diwan
Jabir b. Zaid, and that 2a copy of the Diwan vwas extant i innthe library
of the 'Abbasid Caliph Harun al-Rashid (786-809 A.D.) It is also
reported    that the  Ibadhi scholar of Jabal Nufusah, Naffath (Faraj)
b. Nasr, managed to transcribe the Diwan and brought it to Jabal
Nufusah, but being in opposition to the ruler of the Jabal and
Rustumid Imamate, Naffath destroyed the copy of the Diwan so
that his opponents would not get access to it.40 However, Ibadhi
Jurisprudence was established mainly on the basis of the
Traditions, and legal opinions handed down by Jabir to his Ibadhi
students.     Abu ‘Ubaidah Muslim b. Abi Karimah said: "Every man
of Tradition who has not an Imam in jurisprudence is fallen into
error.   If God Almighty had not favoured us with Jabir b. Zaid we
too would have fallen into error."41
Non-Ibadhi scholars have tried to prove that Jabir had no relation
with the Ibadhis, and various stories were reported to show that
Jabir himself denied this sort of relationship.42          Qatadah and
Dawud b. Abi Hind reported from 'Azrah that he said, "I told Jabir
that the Ibadhis claim that you are one of them"43 He said, "l
declare myself before God quit of them." It is also reported that
 Hind b. al-Muhallab said that although Jabir was a close friend of
hers and her mother's, and he used to order her to do everything
which might bring her nearer to God, he never invited he to
 Ibadhism.44
Careful      examination    of  the    above   information    led  to   its
Classification into three groups:
 I.     Information reported as from Jabir, in which he denies any
sort of relation with the Ibadhis.        In this category comes the
information reported in non-lbadhi sources only, and transmitted
by Thabit al-Banani actually visited Jabir with al-Hasan al-Basri is
also reported by Ibadhis. In all sources, the story avers that Jabir,
on. the brink of death, wished to see al-Hasan al-Basri who was at
that time in hiding from al-Hajjaj. Thabit al-Banani told al-Hasan of
the wish of Jabir and both came    c 'e together secretly tcto Jabir's house.
When they saw him al-Hasan said to Jabir, "Say that there is no
god but Allah, and that Muhammad is the Messenger of Allah."
Jabir replied, "O, Abu Sa’id, on the day that one of thy Lord's signs
comes it shall not profit a soul to believe that never believed
before,    or   earned some good in his belief."         Then he added, "I am
of it's people, and I take refuge with Allah from Hell." On hearing
this, al-Hasan commented, "By God, this is the learned faqih."
All sources reporting the story concur up to this point.                     The
addition that al-Hasan questioned Jabir on his opinion of the
people of al-Nahr and his opinion of the Ibadhis is reported by Ibn
Sa'd alone on the authority of ‘Azrah and Thabit al-Banani. This
addition cannot be regarded as authentic for several reasons:
a)      Most     sources,     including   non-lbadhi      sources, reported the
story without mentioning that Jabir spoke of his attitude towards
Ibadhis conversation with al-Hasan as presented above, asserted
that Jabir added no further words to this.
b)      lf Jabir held such opinion, especially concerning these
important issues, then these must have been known before he was
dying.
C)      The     occasion     does    not seem the most appropriate time to
ask Jabir such questions!
I       Information        reported    from   Sunni   scholars     in which  they
denied      that Jabir had any relations with the Ibadhis.47                 This
information, in addition to those saying ascribed to Jabir himself,
regarding the denial of any sort of relation with Ibadhism, seems to
have been invented           by the Sunni critics of Hadith, so that Sunni
should accept the            Traditions reported by Jabir and on his
authority.      For,   according     to the    rules laid down by some of the
Sunni   Traditionalists,      Traditions    reported    on   the authority of the
people    of "innovations"       are   not acceptable.        If the person was
Shi'it,  or    Khariji,   or   Ibadhi,    this was    enough     to weaken     his
authority.48      It is suggested, therefore, that the above mentioned
information was fabricated by some of the Sunni Traditionalists in
order to clear Jabir from the accusation of being an Ibadhi!
lil     The third class of information consists of the report from
Hind b. al-Muhallab, that Jabir never invited her to Ibadhism.49
This is probably true, because Jabir was teaching her Islam and
distinctive terms Ibadhis and lbadhiyah were not used among the
early Ibadhis even after the death of Jabir. Instead, they were
using the terms, "al-Muslimun, and Jama’at al-Muslimin."
On the other hand, lbn          Hajar al-'Asqalani, on the authority of al-
Du'afa of al-Saji, stated        that Jabir b. Zaid was an Ibadhi.50 Abu
al-Hasan al-'Ash'ari, speaking about the beliefs of the Kharijis,
among whom he includes the lbadhis, said, "They claim Jabir b.
Zaid    to   be one     of their predecessors,     (salaf)."51 The   same
opinion is reported by lbn Abi al-Hadid.52 The question here is
whether there was an lbadhi movement with this name in the time
 of Jabir,  and     what part Jabir played in the movement.     To answer
these    questions, we must recall the state of the Muslim community
at that time - which falls into three groups:
a)       The Umayyads who were in power, and their supporters.
b)       The Shi'is or the party of 'Ali b. Abi Talib.
C)       The third party can be sub-divided into two groups;
 i-      Those who abstained from all political activities.
 ii- | Those who refused to support both the 'Umayyads and
 Shi'is from religious scruples and wanted their own rule - i.e. the
 survivors     from     the   battle of al-Nahrawan, and the other
 Muhakkimah who refused to fight against 'Ali, but became strong
 opponents of ‘Umayyad rule.             Among the leading personalities
who survived the battle of al-Nahrawan was Abu Bilal b. Hadir.
 lbadhi authorities      reported that Abu Bilal was a close friend of
 Jabir b. Zaid.53        According to some Ibadhi scholars, Abu Bilal
revolted against the ‘Umayyads with Jabir's approval.54 Others
say that the revolt was Abu Bilal's idea, and that he urged Jabir b.
Zaid to join him in it.55 It can be suggested that the Muhakkimah,
after the death of their Imam ‘Abdullah b. Wahb al-Rasibi, found
their natural leader in Jabir, an Azdi of the same tribe as ‘Abdullah
b. Wahb, for he had vast knowledge of the Qur'an and Sunnah.                         In
my   personal      opinion      he was      no   more     than a religious leader to
whom     his   followers     came      to  learn   Islam,     and    to ask questions
concerning religious matters.                His leadership atthe early stage
was not effective, partly because this group did not get a chance
to organize themselves into a clear religious                            and political
movement; and partly because the                    'Umayyads' would not allow
any kind of leadership to manifest                  itself, for declaration of any
such    leadership      could      mean    a proclamation of        a new Caliphate,
which    the   ‘Umayyads         strongly opposed.         Another reason was the
influence of the concept of Quraishite leadership; for it was clear
that the Muslim community as a whole did not approve of any
leadership on the level of the Caliphate except that of the Quraish.
This could be the reason which made the outstanding leaders of
this party join ‘Abdullah b. al-Zubair and support him against the
‘Umayyads,        hoping that he would accept their views.                     Among
these leaders was ‘Abdullah b. Ibadhi. 56
The    revolt   of Nafii' b. al-'Azraq, the leader of the extreme Kharijite
movement        bearing     his    name al-Azariqah, was a new event which
changed      the course        of the     Muhakkimah         party and the nature of
Jabir's   relation    to it. Jabir was strongly opposed to the views and
policy    of   Nafii'    and      his    followers    and     rejected   their opinion
regarding      their    Muslim        opponents,      whom      they   considered    as
idolaters, holding it lawful to kill and despoil them, together with
their wives        and children.          This Jabir rejected Ibadhi sources
preserved an account of the following argument between Jabir and
the Kharijis, reported by Dumam said, "“Jabir used to go the
Kharijites and ask them, ‘Has not God forbidden the shedding of
the blood of Muslims in the name of religion? They say, ‘Yes’.
Jabir says, 'Has not He allowed Muslims to fight after He has
prohibited that in the name of religion?’ They say ‘Yes’. He says,
‘And has He prohibited friendship with them after commanding it
by religion?’ They say, 'Yes' after they admit this Jabir says, ‘Has
He allowed anything beyond this in the name of din?’ (Referring
the despoiling Muslims and killing their women and children). To
this the Kharijis has nothing to reply and they keep silent." 57 It
can be said that at this stage a serious division began within the
Muhakkimah party on account of the move taken by Nafii' b. al-
‘Azraqg, who regarded the adversary Muslims as idolaters, and
treated them as polytheists, and made Khuruj compulsory for his
fellow Muslims. All these opinions were contrary to the beliefs and
the practice       of   the people of al-Nahrawan and the old
Muhakkimah,       and    their   followers,     Abu     Bilal    Mirdas     and   his
companions.       So it became necessary for the outstanding leaders
of this party such as Jabir b. Zaid to reject the policy of Nafii' and
others who held the same opinions as he did, and to make that
clear to all and sundry in order to keep their sympathy. Among the
leaders    who  were    preparing      to join Nafii' was ‘Abdullah b. Ibadh.
While waiting in the mosque of Basrah, hearing people praying,
reciting the Qur'an, and the call to prayer, he changed his mind
and    decided   against Khuruj 58, and "held it lawful to live amongst
the Muslims and mix with them on terms of mutual tolerance."59
He held the same opinions as the people of al-Nahrawan and their
followers up to his time, but he rejected strongly the views of Nafii’
and    declared   himself to be       dissociated     from    him.60      It may be
suggested, then that after the revolt of Nafii', Jabir appointed Ibn
lbadh_ to reject the views of Nafii' and to propagate openly the true
views of the Muslims (i.e. the Ibadhis).                 In fact, because of the
successful part played by ‘Abdullah b. Ibadh at the stage, the
whole movement afterwards                 bore his    name,      and   was    known
among other Muslims as al-lbadiyyah.61
Several     events    suggest      that Jabir     had   a close      and    effective
relationship with the        lbadhi movement at a very early stage.               It is
reported     that Jabir used to go to Mecca in the company y of another
member of "“Jama’at al-Muslimin" called Abu Faqqas al-'Aswad b.
Qais.     They both used to meet Ibn ‘Abbas in Mecca. One year,
Jabir   came      to  Ibn    ‘Abbas alone, and the latter asked Jabir about
his friend, Jabir told him that he was imprisoned by Ibn Ziyad. Ibn
Abbas asked Jabir, "Is Abu Faqqas suspected?" Jabir said, "Yes."
lbn Abbas asked Jabir, "Are not you suspected as well?" Jabir
said   "Yes,    | am".61         Shammakhi,    further reports that an aged
member of Jama’‘at al-Muslimin, Abu Sufyan Qunbur was arrested
and beaten with a hundred lashes to make him give information
about another member of the Jama’at al-Muslimin but he refused.
Jabir b. Zaid said, | was very near to him and was expecting him to
point me out, but God protected him."62 The other event which
shows      that Jabir had an effective connection with                Ibadhi
movement         is his order to one of the Ibadhi youths to kill
Khardalah, a former member of the movement who gave away the
names of some Ilbadhi members                 and caused their deaths at the
hands of tyrants.63             This case was afterwards cited as a proof of
the obligation to kill the defamer of the Ibadhis (Taain fi al-Din) in
the Ibadhi jurisprudence.64
However,       after the revolt of Nafii' and other Kharijites, the
distinctive character of the sect afterwards known as a "Ibadhis" or
‘Ahi al-da'wah (People of the Mission) or Jama’at al-Muslimin (the
community of the Muslims) revealed itself clearly, and Jabir
became head or Imam of this movement.
We may now proceed to study Jabir's policy as leader of the
Ibadhi movement;          in his policy four main lines may be
distinguished.
Firstly, to avoid any open clash with the authorities and to maintain
friendly relations with the rulers.
Secondly,      not   to   isolate   the  members of the movement from the
Muslim community (‘ummah).
Thirdly,    to continue teaching people Traditions and Futya
regardless of whether they were members of his movement or not.
Fourthly, since Jabir was intent on maintaining the security of the
movement by carrying our part of its activities in secret, and by
keeping the members of the organisation unknown to the rulers,
he took a_ strong attitude against those who disclosed the names
of the members to the "tyrants"65 Ibadhis regard Jabir as the first
 Imam of their school, and regard the period of Jabir's leadership
as an example of the state of secrecy (kitman).66
Very little is known about the activities of Jabir during the rule of
Ziyad b. Abi Sufyan and his son 'Ubaidullah b. Ziyad. Although in
that period the movement faced suppression, and close friends of
 Jabir were killed, such as Abu Bilal, his brother 'Urwah, and others
 were imprisoned, such as Abu Faqqas, and Qunbur, there is no
 definite information that Jabir faced the same treatment. Ibadhi
 sources reported that Jabir said,            "In that time (the time of
 ‘Ubaidullah) we found nothing more helpful to us than bribery." 67
 so Jabir went to the extent of using bribery to avoid any
 oppression caused by the tyrants to him and his followers.
 During the rule of al-Hajjaj, Jabir maintained good relations with
 him through his secretary Yazid b. Muslim, who was a close friend
 of Jabir.668 Among the powerful families with whom                   Jabir
 established good relations was the Muhallabid family, his kinsmen;
 but, what was more important than kinship, Jabir was the religious
 teacher    of this family.  He used to visit them and teach them Islam
 and     "command      them   to  do   good."    69     Among   the  extant
 correspondence       of Jabir there   are  three letters which he sent in
 reply to letters from members of the Muhallabid family; two were
 sent to Khairah b. Damrah_             al-Qushairiyyah, the wife of al-
 Muhallab.      From his    other   correspondence,    we notice that Jabir
 had several contacts with people in official posts in different
places. “Among ‘these persons» wass al- Nu'n man b. Salamah, ‘who
sent a letter to Jabir asking him for his advice, so that he could
collect the required amount of money for land tax and protection
tax,    without    doing    injustice  to the   subject   population,      or acting
against the teaching of Islam.               The letter sent by Jabir to al-
Nu'man on this matter contains interesting information about the
methods used in collecting taxes, and shows how, out of three
hundred       dirhams,      less  than   one   hundred    reached     Bait   al-Mal:
while the rest was taken by the dihqans (Chiefs of farmers) and tax
collectors./0        The other person is called Yazid b. Yasar, who sent
a letter to Jabir telling him that he had been put in charge of some
posts in Oman and asking him for his opinion on certain problems.
71 Among other people of Oman who had contacts with Jabir was
Malik b. Asid or ‘Usaid, who senta letter to Jabir offering to buy
him a she - camel from Oman, to which Jabir agreed, as he
indicated in his letter to Malik b. Asid. 72
Apart from sending legal opinions to his friends in those far-off
places, Jabir asks them to report to him on the situation in their
countries, and tell him about anything, which happened there. 73
These wide contacts with powerful people and families, and the
general respect for the knowledge of Jabir, made al-Hajjaj b. Yusuf
wary of him. He tried to win over Jabir to his side, and offered him
the Qadiship,           but Jabir refused this offer.74           Ibadhi sources
 reported that Jabir, in many cases, showed his opposition to al-
 Haijjaj, telling him that the Prophet said, "God curses the unjust,
their helpers, and those who help their helpers, even by handing
them a pen."75             He also refused to agree with al-Hajjaj on the
 matter of rubbing over the shoes for ablution; and said, “How
 should | rub over the shoes while God commands us to wash the
feet?" 76        Jabir himself was cautious and careful in his contacts
with     his friends and followers.       This can be clearly noticed from his
 correspondence.             In five of his letters    he   asked    that they     be
 destroyed.       He gave his reasons in three of them; a) In his letter to
    <3         aS: theINoldestVA
         /@b.4‘Amr,                                RSOSSS
al-Harith              one of                  ‘followers’ of Kufah, 77 Jabir
wrote, "Know,     may God set your           affairs aright, that you are ina
land in which       | do not wish you to mention my name, so do not
transmit anything that | have written to you" 78 This could have
been during the rule of Ziyad, for al-Harith died during the
Caliphate of Yazid b. Mu'awiyah. b) In his letter to ‘Abd al-Malik b.
al-Muhallab, Jabir wrote, "Write to me of what you need, and sent
it to me in secret with whoever you trust, for you know our situation
and what we fear those who look for reasons to harm us, so do not
run into arisk by which you may cause us to perish; may God set
your affairs aright." 79
In another letter, Jabir described the affair of the rulers (al-umara’)
as follows, "For you know the affairs of the rulers; we are afraid of
them they search for excuses against us." 80 All these items of
 information show that Jabir was always afraid of the rulers and
was cautious in his activities.
 In one of his letters to ‘Abd al-Malik b. al-Muhallab, Jabir
 expressed his gratitude to God for saving ‘Abd al-Malik and
 protecting him, and prayed to God to save him and protect him,
 "until He shows you and shows us, in your affairs and ours what
 would make us happy, and crushes our enemy." 81                  It is likely that
 Jabir was referring to al-Haijjaj in these last words.
At his clash with the Muhallabids, al-Hajjaj arrested and
 imprisoned them.         It is possible that al-Hajjaj exiled Jabir and one
 of his supporters, Hubairah, to Oman82 so that he would not be of
 any     assistance     to the Muhallabids. Three of the leading
 personalities of the Ibadhi movement, viz., Abu 'Ubaidah, Dumam
 and Abu Salamah were arrested in this period and imprisoned by
 al-Hajjaj. 83 This was the first serious act of suppression which
faced the leaders of the Ibadhi movement, including Jabir himself,
 under the rule of al-Hajjaj. It appears that the main reason which
 made al-Hajjaj change his policy towards the Ibadhis was his clash
with the Muhallabids.            It could be suggested that because of the
 strong relations between Jabir and his family, al-Hajjaj thought that
 Jabir might take action against him in order to help the
 Muhallabids.      Otherwise, no other reason can be suggested to
 explain this change in al-Hajjaj's policy towards Jabir and the
 lbadhi movement.         However, the Muhallabids managed to escape
 from prison and flee to Sulaiman b. Abd al-Malik in Damascus,
 from whom they received protection. 84 According to those who
 say that Jabir died in 93 A.H. it is possible that he returned to
 Basrah, because of the friendly attitude to Sulaiman and al-Walid
 b. 'Abd al-Malik towards the Muhallabids.
 Those were the outlines of Jabir's policy and public activities. The
 most important part Jabir played was in his contribution to Islamic
 jurisprudence, and in establishing the Ibadhi School of law.
 It is an obligation      for the Muslim to learn a few verses of the
 Qur'an, and some         practical teachings of the Prophet, in order to
 observe     the   religious     obligations   such   as prayer  and   other
 religious duties.      The development of the Muslim community, and
 its rapid expansion, created new centres in which group of the
 Companions settled.           One of the major centres was the city of al-
 Basrah which was established during the Caliphate of ‘Umar b. al-
 Khattab     as  a    military     base,  and   soon   became   one  of the
 intellectual capitals of Islam. In this city Jabir was brought up, and
 there he met a large number of the Companions who were eager
 to teach people the religion of Islam.             A newclass grew up in
 Islamic society composed of the students of the Companions; this
 class was known as al-Tabi'un (the ‘followers’ or 'successors’).
 They were the second generation who inherited the teachings of
 Islam as presented to them by the ‘Companions,' and became the
 missionaries of the           religion. They taught people the Qur'an,
 Traditions of the Prophet, and set before them the example of the
 true Muslims in their practical lives. Among the old ‘followers’ of
 Basrah who dedicated his life to this task was Jabir b. Zaid. It is
already mentioned that he became one of the most learned men in
Basrah.    As a result he became the Mufti of Basrah; According to
'‘lyas b. Mu'awiyah,      "Jabir was the only Mufti in Basrah." 85 This
probably was for a limited period, since other sources reported
that other learned personalities shared him the burden of fatwa in
Basrah,    among   whom      were   al-Hassan al-Basri, ‘Amr b. Salamah
al-Jarmi, Abu Maryam al-Hanafi, and Ka'bb Sawd. 86                    Jabir's
student, ‘Amr b. Dinar thought so highly of Jabir that he went so far
as to say, "I have not seen any one of greater knowledge of Futya
than Jabir b. Zaid". 87
A brief study of the method which Jabir followed in his deliverance
of legal opinions would help to understand the nature of the Ibadhi
jurisprudence.        Being    a Traditionalist,    his wide   knowledge    of
Tradition and the legal opinions of the Companions marked his
method as a jurist. To him, the bases of any legal opinion are the
Qur'an, the Sunnah, and the opinions of Companions; then comes
his own judgement. The second source for his legal opinions, next
to the Qur'an, is Sunnah, for as Jabir states: "Whatever affair
which Sunnah opposes is demolished."88                       He again says,
“Nothing of people's affairs in which they oppose Sunnah can be
right."89 However, Jabir in following this way, kept to the rule laid
down by the Companions. His teacher ‘Abdullah b. ‘Umar warned
him    not to give   any    legal decision unless it was clearly stated in
the Qur'an or authentic Sunnah.90              It is also reported that Jabir
said, "| met a number of the Companions; most of their legal
opinions (fatwa) were Traditions of the Prophet."91 After Sunnah
comes juristic speculation (ra'y). Concerning this third source of
jurisprudence, Jabir believed that his own judgement must come
after that of the Companions, not before. He wrote, "The Juristic
speculation (ra'y) of those who were before us is better than our
opinions.     Yet again the successor recognizes the superiority of
his predecessor.        The more deserving of such a right are the
migrants with the Messenger of God (Muhajirun), and those who
followed     them   in   good-action;     for    they   have  witnessed   and
learned. It is our ; duty. ‘to step i in their footprints and SS               their
traces."92       He further says, "l am onlya learned person following
the traces which have been well-prepared before me. | have no
confidence or proof in formulating legal opinion except narrations
(riwayat),   about     which    we   may    differ.93     In his letter to ‘Anifah,
Jabir expressed the same principle as follows; "There is nothing of
that (formulating legal opinions)                except what people narrate
formulating is concerned, it is of less value."94 The following case
shows how fast Jabir held to this principle.                    It isa case of the
woman divorced by her sick husband. According to Ibn 'Abbas,
she must wait until the danger of her husband's illness is over in
order to keep her-right to the dower and inheritance; if she married
another husband before that, she will lose her right to the dower
and inheritance.         Jabir after quoting this opinion of Ibn ‘Abbas,
said, "If not because of the saxing of Ibn ‘Abbas in this case, it
would    please      me, even if she married while her husband was still
in the    state of danger, that she deserves the whole affairs, unless
her   share    in   the inheritance has gone." 95          But Jabir would defer
his own     opinions     to that of Ibn 'Abbas in order to fulfil the above
mentioned       principle,   though he might think his own opinion in this
particular case was better. And so it can be said that the sources
from which the Ibadhi jurisprudence is derived are the Qur'an,
 Sunnah and Ra'y. But ra'y was used only where no Traditions are
available.        As aconclusion to this brief study it can be stated that
the school of law established                  by Jabir b. Zaid was largely
 influenced by Traditions. 96             This method of Jabir was followed
after his death by his Ibadhi students who built their jurisprudence
 mainly on al-athar.          It is reported that Abu 'Ubaidah Muslim, the
successor of Jabir was told             that the people of Oman use juristic
speculation, (ra'y) in forming           legal opinions. His comment was,
"They will not        be  safe   regarding     cases   of    blood shedding and
 marriage." 97
The biographers who wrote Jabir's biography gave five different
 dates for his death. According to those who report that Jabir died
on ‘the ssame week aas5 Anas b. Malik the FEN                             there aare > two
dates:    the first is 91/709,as reported by lbn Hibban,98 the second
is 93/711. This date is given by al-Rabi’ b. Habib, Bukhari, Anmad
b. Hanbal,        al-Fallas, al-Najjar, Abu Nu'aim, al-Salimi and Ibn
Hibban.99         All these are Traditionalists, who must be more
accurate     in    giving    nearly the exact          date    of the death        of the
Muhaddith       (Traditionalist),     for    it  is    of    great    value    to them,
regarding the correctness              of    the     isnad    (Chain     of authorities
reporting a Tradition).
The    Historians     such     as Ibn Sallam, Ibn Sa'd, Wadidi, al-Mas'udi,
al--Asma'i     and     lbn    Midad    gave      the      date   103/721,100         while
Shammakhi        alone     gave   the   date    96/714;      101    Ibn Hajar quoted
from Ibn ‘Adiy that Jabir died in the year 104/722: 102 In order to
try and establish the exact date of Jabir's death the following facts
 must be considered:
 a)      Most of the sources reported that on the night of his death,
 Jabir wised     to see      al-Hasan     al-Basri,     who     was    at that    time in
 hiding from al-Hajjaj.          According to this information Jabir's death
 must have occurred before the death of al-Hajjaj in 95/713.
 b)      Most of the sources reported that Jabir died before the
 death of the Companion Anas b. Malik who said, on hearing of
 Jabir's death, "Today died the most learned man of the people of
 earth"103 Dates given for the death of Anas are 91 and 93.
 C)      During      the   Caliphate     of 'Umar       b.  ‘Abd    al-'Aziz    (99-101)
 lbadhis had active contacts with him, and an Ibadhi delegation
 was sent to him. Ibadhi sources mentioned only the comment of
 Abu ‘Ubaidah about the results of that embassy and nothing is
 heard from Jabir concerning this event. It is hard to believe that
 Jabir would not have commented if he was alive, a fact which
 suggests that he died before 101/719, and not in 103, as reported
 by historians,      or 104,     as reported        by Ibn ‘Adiy.          Although the
 precise date cannot be arrived at in a case such as this, the year
 93, given by the Traditionalists and confirmed by the Ibadhi
authorities,    is to be     considered, in my opinion,
                                                    Sass close to the
truth.
1      lbn Midad, Sifat nasab al-’ulama’. Ms. 4 According to Ibn
Hibban Jabir was born ina place called al-Huraqah near Oman,
but this could be a mis-spelling of Farq. Cf. Ibn Hibban, K.
Mashahir ‘ulama' al-‘amsar., editor M. Fleischhammer, (Cairo,
1959) 89.
2        Bukhari, Tarikh., Il/l, 203, note.
3      Yaqut, Mu'jam al-Buldan., (Cairo, 1906), Ill, 175. According
to al-‘Asma'i Jawf is in Yemen; Cf.lbn Qutaibah, K. al-Mai’arif.,
editor Muh al-Sawi, (Cairo, 1934), 200.
         Salimi, Tuhfah, 2nd edition, (Cairo, 1347 H.), 55-57
OA
         Ibid., 56
         Salimi, Hashiyat al-Jami'i- al-Sahih., |, 8
OONO
         Barradi, Jawahir., 155; al-Qutb, Sharh al-‘Aqidah., 132
         Warijlani, al-‘Adl., Ms. | 197; Shammakhi, Siyar., 77
         Anonymous,       K. Nawazil Nufusah., Ms. 208 b; Mus'‘abi,
 Hashiyah ‘ala al-Musarrih., Ms. 147 a.
 10     Ibid., 147 b; lbn Midad, op. cit., 4
 11      Abdullah    b.   ‘Abd   al-'Aziz,   K.   Nikah   al-shighar.,   Ms. This
information is to be found in another Ms. Attached to this book
containing Ibadhi narrations, under the title: bab fada’il Jabir b.
Zaid., 22., Cf. Al-Qutb, Sharh al-Nil., IX, 233,and the note 233-34;
lbn Sallam, Bad'ul-'Islam., Ms.42.
12      Shammakhi, Siyar., 67
13      Abu Nu'aim, Hilyat al-‘awliya’., Ill, 90; al-Dhahabi, Tadhkirat
al-huffaz., |, 62; Ibn Hajar, Tahdhib., 11, 38-39; lbn Midad, op. cit.,4
 14      Abu Nu'aim, Hilyah., lll, 85-6; Dnahabi, Tadhkirah., 1,62
 15      Baghturi, Siyar Mashaikh Nufusah., Ms.3
16      Warijlani, al-Dalil., Ms. 38a; al-‘Adl., Ms. 1,72 . On the
authority of lbn ‘Abd al-Barr.
17      Ibn Sa'd, Tabaaat., VII, 179-180; Bukhari, Tarikh., lI/l, 204;
Dhahabi, op. cit., 1,62; Abu Nu'aim, op. cit., III,85; Ibn Hajar, op cit.,
11,38.
18       Loc. cit
 19      ~ Bukhari.        op. cit.    II 204:   Abu  Nu’ aim, a        “1L86:  lbn
 Hazm,        Mulakhkhas        ‘iblal   al-qiyas wa al-ra'y wa al-'istihsan wa al-
 taqlid wa al-ta'lil., editor Sa'id al-"Afghani, Damascus,           1960, 69.
 20        Abu Nu’aim, op. cit., Ill, 86
 21        Salimi, Hashiyat al-Jami'i al-sahih., 1,7
22         Ibn Sa'd, Tabagat., Vil, 131; Abu Nu'aim, op. cit., 111,86; Ibn
 Hajar, Tahdhib., 38-39.
 23    + Riwayat Ibadhiyah., Ms attached to K. Nikah al-shighar., 21.
 24 ~—s@ Lo. cit.
 25        lbn Sa'd Tabagat., VII,180; Abu Nu'aim, Hilyah., I11,88.
 26        Ibn Sa'd Tabaqgat., VII,187; Abu Nu'aim, Hilyah., 111,88.
 21        lbn Hajar, Tahdhib., 11,38
 28        —siIbid., 11,39
 29          Dhahabi, Tadhkirah., 1,62; Abu Nu'aim, Hilyah, Ill, 86
 30         ~=Ibn Sa'd, Tabagat., VII, 181; Ibn Hazm, Mulakhkhas., 64.
 31        Abu Nu’aim, Hilyah., 111,90; Dnahabi, Tadhkirah., 1,62
 32        Cf. My "Description of new Ibadhi Mss. From North Africa,"
 Journal of Semitic Studies, XV, 1,67
 33     = Cf. Infra, (150 ff)
 34         Cf. My "Description of new Ibadhi Mss," op. cit., 65-66
 35 = Cf. Infra
 36         Cf. My "Description of new Ibadhi Mss," op. cit., 67
 3/7        For the biography of Habib b. Abi Habib, Cf. lbn Hajar,
 Tahdhib., ll, 180.
 38         =f. Infra, (160-61)
  39        Wisyani, Siyar., Ms. 120
 40         Abu Zakariya’, Siyar., Ms. 31a-32a;Darjini, Tabaqat., Ms.
 82-42; Cf. Infra (146-47)
 41         Abu      ‘Ubaidah Muslim b. Abi Karimah, Masa’il., Ms.37; Jitali,
  Sharh al-Nuniyah., Ms. 1,47.
 42          Ibn Sa'd, Tabaqat., VII, 181-182; Abu Nu'aim, Hilyah., 111,89.
 43          Ibn Sa'd, op. cit., V1l,181.
44          Abu Nu'’aim, op. cit., Ill, 89.
 45         Qur'an: VI, 158
46     “Riwayat Ibadhiyah., Ms. Attached to K Nikah al-shighar.,
20; Baghturi, Siyar., Ms. 4; Darjini, Tabagat., 199.
47       lbn Sa'd, Tabaqat., VII 181.
48       Al-Qasimi, Qawa’'id al-tahdith., 192-195.
49       Abu Nu'aim, Hilyah., Ill 98.
50       lbn Hajar, Tahdhib al-Tahdhib., 11,39
51       Ash’'ari, Magalat.,editor Ritter, |,
52       lbn Abi al-Hadid, Sharh Nahj al-balaghah., V, 76.
53       Shammakhi, Siyar., 67 Cf. Supra, 15.
54       Jumiyil b. Khamis, Qamus al-shari’ah., Ms. Vol. 88,           the
page related to the            subject; al-Qutb, Risalah Shafiyah.,    43;
Ruqgaishi, Misbah., Ms. 38.
55       Baghturi, Siyar., Ms.3
56       Tabari, Tarikh., V, 563 ff.
o/       Abu Sufrah ‘Abd al-Malik b. Sufrah, Riwayat Dumam., Ms.8.
58       Warijlani, al-Dalil., 99b.
59       Nicholson. A Literary         history  of the    Arabs., 211.  Cf.
(supra,30)
60          (Cf. Supra, 19)
61        Darjini, Tabagat., 223-224, Shammakhi,       Siyar., 96
62        Shammakhi, Siyar., 93
63       Jitali, Qawa’id., 28
64          (Cf. Supra, 19)
65       As he did in the case of Khardalah for example
66        'Amr b. Jumai', 'Aqidat al-tawhid., 54; Jannawani, ‘Aqidat
 al-tawhid., (Lithog. 1325 H), 20
67         ' Aqwal Qatadah., Ms. 189
68        Shammakhi, Siyar., 74
69       Abu Nu'aim, Hilyah., Ill, 89
 70       Jabir b. Zaid, Jawabat Jabir., my edition, Ms.31
 71       Ibid., 22
 72       Ibid., 36
 73       Ibid., 24
 74       Shammakhi, Siyar., 74
 15      Warijlani, al-Dalil., 108a
      “Ibn Khalfun, ‘Aiwibah,     39. See also, al-Rabi b. Habib,
Musnad, IV, 15-16
U7       Ibn Hibban, Mashahir 'ulama’ al-‘amsar., 105.
78         Jabirb. Zaid, Jawabat., 15.
79       ~—sIbid., 40
80 = Ibid., 33
81       lbid., 37
82      §Shammakhi, Siyar., 81
83 = Ibid., 96; Darjini, Tabagat., 224
84        Tabari, Tarikh., VI, 448-452
85      Ibn Sa'd, Tabagqat., Vil, 131; lbn Sallam, Bad'ul-'Islam., 42
86 = Ibn al-Qalyim, 'I'lam al-muwagqgi'in., 9
8/      Dhahabi, Tadhkirah., |, 62.
88      Jabir b. Zaid, Jawabat., 19.
89 = Ibid., 14
90      Bukhari, Tarikh., II/l, 204
91      Al-Rabi' b. Habib, Musnad., I, 13-14
92      #£Jabirb. Zaid, Jawabat., 42
93 = Ibid., 38
94 = Ibid., 18
95 = Ibid., 42
96         (Cf. Infra, (142 ff.)
97       Abu al-Mu'thir al-Salt b. Khamis, Sirah., Ms.20
98        lbn Hibban, Mashahir 'ulama al-'amsar., 37
99        Ilbid., 89; al-Rabi' b. Habib, Musnad., II, 103; Bukhari,
Tarikh.,         U/l, 204; Ibn Hajar, Tahdhib        II, 38-39;     Dhahabi,
Tadhkirah., |, 63:
 100      Ibn Sa'd, Tabagat., Vil, 133; Ibn Sallam, Bad'ul-'Islam., 42;
Mas’udi, Muruj al-Dhahab.,            (Cairo, 1283),      Il, 141; Dhahabi,
Tadhkirah., |, 63; bn Qutaibah, K. al-Ma’'arif., 200.
101       Shammakhi, Siyar., 77
102       Ibn Hajar, Tahdhib., Il, 39
103       Riwayat lbadhiyah., Ms. 20; Shammakhi,         Siyar., 70.
CHAP TER II
ABU 'UBAIDAH MUSLIM B. ABI KARIMAH
Second Imam of the Ibadhi Community of Basrah.
Abu    'Ubaidah    Muslim     b.Abi     Karimah    al-Tamimi,     client of b.
Tamim.1       According to Jahiz, he was a mawla of 'Urwah b.
‘Udayyah, brother of Abu Bilal Mirdas. 2 He lived in Basrah and
studied under Jabir b. Zaid, Suhar al-'Abdi, and Ja'far b. al-Simak.
3     Some scholars suggest that Abu 'Ubaidah met the same
Companions as his teacher Jabir, and narrated Traditions from the
Companions, Jabir b. ‘Abdullah, Anas b. Malik, Abu Hurairah, Ibn
‘Abbas, Abu Sa’id al-Khudri, and 'A’ishah. 4 It is possible that he
may have met some of these Companions or all of them but not for
long period as did Jabir b. Zaid. His principle teachers were Ja'far
b. al-Simak, Suhar al-'Abdi and Jabir b. Zaid. But he acquired
most of his knowledge from Ja’far b. al-Simak and Suhar.5 He
devoted his life to learning and teaching.             It is reported that he
spent forty years of his life in learning and another forty years in
teaching.   6 The development of the Ibadhi doctrine, the growth of
their organization,    and   the   rapid expansion of their movement in
Yemen,    Oman,     Khurasan, and North Africa is undoubtedly due to
Abu 'Ubaidah,       and his gifted abilities both as a scholar and
statesman. 7      He played the greatest part as the most successful
leader of the Ibadhi movement during the last period of the
‘Umayyad rule and the beginning of the ‘Abbasid rule. Shammakhi
reported that Abu 'Ubaidah died during the Caliphate of Abu Ja’far
al-Mansur (136-158). 8          It is already mentioned that he lived for
eighty years which he spent in learning and teaching. It can be
said, therefore, that Abu 'Ubaidah lived in the period starting with
the end of the first half of the first century up to the end of the first
half of the   second    century.     It is also suggested that he became
the leader of the Ibadhi movement after he was released from
prison in the year 95, two years after the death of Jabir b. Zaid. 9
To understand the distinctive character of Abu 'Ubaidah and the
aspect which distinguished his personality, one must refer to the
influence of his different teachers.               First there was ‘Urwah b.
'Udayyah, a strong and pious man of great experience of religious
and political conflict which took place during the civil wars
between       ‘Ali and Mu'awiyah.           He was the first man to reject
arbitration and fought against ‘Ali in the battle of al-Nahrawan; he
was later killed by 'Ubaidullah b. Ziyad. The servant of 'Urwah
described him to 'Ubaidullah as follows: "Il never prepared his bed
for him at night, nor brought him food during the day;"10 meaning
that he always fasts during the days, and spends the nights
praying.     Abu ‘Ubaidah, being a client of 'Urwah must have been
influenced by him a great deal. His other teacher Suhar al-'Abdi
was a great orator (Khatib), great genealogist, and author ofa
book on ‘Amthal,11             (proverbs), as well as atheologian.12 His
teacher Jabir b. Zaid was a great Jurist, and an eminent
Traditionalist; Abu ‘Ubaidah, having studied under these great
men, possessed all the various qualities they had. He was an
ascetic, pious worshipper,13 a brilliant orator,14 an excellent
teacher,     and       great     scholar,     covering      fields of theology,
Jurisprudence, and Traditions. And, finally, he had an excellent
organizing ability.
In the field of Ibadhi          doctrine,  Abu    'Ubaidah     kept   to the same
method      as    Jabir   b. Zaid,    but  he   contributed     more   theological
opinion in order to face the rising problems in this field. This may
also be due to the influence of his teacher Suhar al-'Abdi. In his
legal opinions, Abu 'Ubaidah kept                    to the same line as his
predecessor,       Jabir    b. Zaid,    of wnom     he   was    very proud, as he
said, "Every man of Traditions (sahib hadith) who has no Imam in
jurisprudence is gone astray.              If God had not favoured us with
Jabir b. Zaid we too would have gone astray." 15 He also kept the
same respect for the Companions and their opinions. He said,
"He who has no teacher among the companions possesses
nothing of the religion.            God has favoured us with ‘Abdullah b.
‘Abbas    b. 'Abd     al-Muttalib,    cousin      of the    Prophet,     ‘Abdullah b.
Mas’ud,      and     ‘Abdullah     b.  Sallam,       who    were   firmly   rooted  in
knowledge.        We     walked    in their steps,        followed    their sayings,
relied on their conduct, and imitated their method....."16
The    method     followed    by Abu       'Ubaidah      was    to  keep fast to the
teachings     of the    Companions         and     the followers, and not to form
any line which might lead way from their way. To him, following
Sunnah is a sign that the Muslim has a good soul. He related from
Ibn ‘Abbas that he said, "He who heard a Tradition inviting to
moral excellence and did his best in following it; if the Tradition
was as he heard it, he gets                       two rewards; the reward for
memorising the Tradition, and the reward for acting according to it.
If the Tradition was not as he heard it, he will get the same reward,
for God will not waste the wage of good-doers. The reward for his
good-doing and worship of God will not be wasted unless his work
was in aheresy." 17 After quoting this opinion of Ibn ‘Abbas, Abu
‘Ubaidah commented, “Know that the Muslim if God granted him a
good    soul   which     is directed    to obedience          to God, whenever he
hears what         brings him nearer to God he will do his best in
following it, and he will be rewarded as previously mentioned. But
if the person has a bad soul he becomes weary of worshipping
God and dislikes worship. All his concern will be in argument and
doubt; so whenever he hears a Tradition which invites him to work,
he opposes it with analogical reasoning (qiyas) and says, "This
Tradition is not authentic, (Sahih), because his opinion which
agrees with his desire has nothing to do with obedience to God."
18     However, Abu '‘Ubaidah was a Traditionalist and was largely
influenced by Traditions as a Jurist and Theologian.                           He was
against using ra’y (personal judgement). When he was told that
the people         of Oman use ra’y in forming legal opinions, Abu
'Ubaidah said, "They will not be safe in the cases of blood
shedding      and    marriage.”    19      His followers were          taught not to
accept     any    opinion      unless    it is a      narration,   ‘Athar,   from  the
Shaikhs     of the Ibadhi School.          It is reported that 'Umm        Shihab, an
                                                  IBAA
 Ibadhi \ woman “was 5 visited4 by “Abdullah b. ‘Abd al “Aziz and Saleh
b. Kathir, students of Abu 'Ubaidah, she asked them for a legal
Opinion and Saleh answered her. She asked him from whom he
 Narrated that opinion.            His reply was that it was his own opinion
 based on his ra'y. She said, "Throw your ra'y against the wall, | do
 not need it." 20            During his time more attention was given to the
 system of al-walayah, and al-bara’ah, both in theory and practice,
 than the time of Jabirb. Zaid. The following two cases show the
 change of attitude as between the two leaders:
  |      It is reported that an           Ibadhi called al-Hassan b. ‘Abd al-
 Rahman proposed to ‘Umm                   ‘Affan who was an Ibadhi as her
 father;   when      her father     consulted     her,  she  would  not  agree to
 marry him.         Jabir's opinion was that she must not be given in
 marriage against her wish. When anon-lbadhi Muslim proposed
 to he and she agreed to marry him, Jabir ordered her father to give
 her in marriage to him. 21
iL       Abu ‘Ubaidah took different attitude in a similar case. It is
  reported that he shunned an_                   Ilbadhi member for giving his
 daughter for marriage to a non-lbadhi Muslim, and was very angry
  about   it.    According to his student, Abu al-Mu'arrij, "Abu 'Ubaidah
 disliked the       marriage of an Ibadhi woman to a non-Ibadhi Muslim,
  although     it was     lawful,  out   of fear    that he may confuse her and
  change her beliefs. He followed a similar attitude taken by 'Umar
  b. al-Khattab when he prevented the Companions from marrying
 women of the 'People of the Book’ out of fear that the Muslims may
 prefer    their   beauty     and    neglect the Muslim women;      although it is
  lawful to marry the women of the People of the Book." 22 It
 appears that Abu ‘Ubaidah took this firm attitude to isolate Ibadhis
 from the other groups of Muslims, so that they will not be
 influenced by the different opinions arising at that time. The other
 reason could be that Abu;'Ubaidah in his planning to establish the
 lbadhi Imamate, wanted to ensure the security of his plans and
 movements,        so    no   strangers     can   affect them.  The system of al-
 walayah wa al-bara’ah was of great importance in this respect. 23
The activities of Abu ‘Ubaidah covered two main lilines:
a)       Looking after the lbadhi organization.
b)       Teaching Ibadhi doctrine to the learning students.
In his secret institution, which was no more than a deep cave
somewhere in Basrah,24 he educated the men who played the
most important part in the development of the Ibadhi doctrine, and
its political success.
Basrah was the centre of the Ibadhi movement till the end of the
second century for several reasons:
a)       The religious leaders of the movement lived in Basrah and
carried out all their educational activities there.
Db)      In Basrah the movement gained full support from the large
number of Jabir's kinsmen of al-'Azd, and their leading family of
the Muhallabids.
C)       Basrah       was one of the intellectual Capitals of Islam forming
besides      Kufah       the    cultural   centre    of the     Islamic  and  Arabic
studies.
d)       Finally,      Basrah was in the centre of the Muslim countries of
Asia, a fact which made the contacts easier between the centre of
the movement in Basrah and the other branches of Khurasan,
Oman, Yemen, and Mecca.
In   Basrah,     the     Ibadhi    organisation    with    the   leadership  of Abu
‘Ubaidah      and       the council of the Shaikhs,                carried   out the
responsibility of forming the policy of the movement and preparing
learned men for missionary work to be sent all over the Muslim
countries to propagate the Ibadhi doctrine. One of these ibadhi
missionaries of Basrah was Salamah b. Sa'd (Sa’'id) who was sent
to North Africa, towards the end of the first century and the
beginning of the second century H.25                      It is reported from Imam
‘Abd al-Wahhab from his father ‘Abd al-Rahman b. Rustam that he
said,   "The    first    man    who    brought   the    Ibadhi sect to al-Maghrib,
    <i Lk            Me S: IN VARSSS SSS
was     Salamah     b. Sa'd.     He came    to us in Qairawan, with      the
company      of 'Ikrimah,    the client (mawla) of Ibn ‘Abbas, both riding
the same camel on which they carried their provisions; Salamah Db.
Sa'd was       propagating    Sufrism.    ‘Abd   al-Rahman  said,  ‘I heard
Salamah_      saying, ‘I wish that the Ibadhi movement manifests, even
for one day from morning to night, | would not mind if my head was
cut off after that."26        It appears that the mission of Salamah b.
 Sa'd in North Africa was of three purposes:
 I)      To propagate the doctrine of the Ibadhi school.
li)      To     choose some leading members from the visited
 countries and send them for training in Basrah.
 ili)    And to have aclose study of these countries and report to
 the Ibadhi leader in Basrah.
 As a result of the journey of Salamah b. Sa'd to North Africa, which
 took place about 105-107 H., the bearers of learning (Hamalat al-
  ‘ilm) were sent to Basrah and studied with Abu 'Ubaidah for five
  years.27       Several missionaries have          been sent to different
  countries for the same purposes as those of Salamah b. Sa’'d; for
  there were bearers of learning              (Hamalat al-ilm) to Yemen,
  Hadramawt, Khurasan, and Oman.28
  All activities of the Ibadhi movement in Basra were carried out in
  secrecy, the special state known in Ibadhi doctrine as the state of
  (Kitman), secrecy.29        The Umayyads' suppression against any
  opposition obliged lbadhi to carry on with their activities in secret
  for safety, and this was assured by establishing special centres
  (majalis) in secret places where they exercised their religious and
  educational activities.
  lt appears that the idea of secret centres (majalis) was founded as
  early as the days of Ziyad b. Abi Sufyan, for it is reported that
  'Urwah b. 'Udayyah was caught in a sarab (under ground cave),
 where he was worshipping.30 These secret retreats were used of
     I 6M                eS: IN Va ESSSS
meetings       of the    members       of the    movement     where they used to
invoke       God    and    discuss their present situation. These         kind of
majalis were mentioned by Abu Bilal Mirdas as well.31 From the
given information it appears that there were three types of majalis:
i)         Majalis of the Shaikhs, or the leaders of the movement; in
these majalis the Shaikhs discussed the plans of the organization,
and meetings in such majalis usually took place during the night,
and      no young members were allowed to attend the meetings
unless they were fully trusted.                 Abu Sufyan Mahbub b. al-Rahil
said, "We heard one night that a meeting was held in the house of
 Hajib,     the Shaikhs did not allow us to attend their meetings during
the night;       | told one of the Omanis, ‘Let us go to Hajib’s house, for
they may         allow us in.' We went to the house and were permitted
to    enter.      We    found    there    al-Mukhtar    b. ‘Awf, and two or three
 Shaikhs, Hijab ordered us to inform Balj b. ‘Uqbah about their
 place; so we told               him.     After we prayed ‘Isha’ they started
 speaking, each one stood and spoke for some time, then he sat
 down and another stood, and so on, until the light of the morning.
 Al-Malih       said, "Shu'aib b. 'Amr, brother-in-law of Hajib, and one of
 the best Ibadhi youths, came to Hajib's house that night; the
 distance between his residence and the house of Hajib was about
 three miles, but Hajib refused to let him in." 32
  i)        The second type of Majalis is majalis for all members to
 which they come to hear addresses from the Shaikhs on religious
  subjects in general.            There was no special programme for such
  majalis; it depends on the persons who were in charge of them
  and    their   abilities   and    inclination.   "Ifa person was seen with the
   impression of submissiveness on _ his face, that would mean that
   he had attended the majalis of Abu Sufyan Qunbur recently, for his
   majalis were for invocation of God, recital of the Quran, and
  frightening people of the Hell and the chastisement of God." 33
   Some time the organiser of the majalis would ask the speakers to
   stress on a certain              subject to bring the attention of certain
   members to it. 34 A large number of these majalis were formed in
   <5    i   gM                 2: IN \
Basrah during this period. Ibadhi historians mentioned the majalis
of Abu _ al-Hurr ‘Ali b. al-Hussain which used to be on Monday and
Thursday, 35 majalis of Abu Sufyan Qunbur, and the majalis of
‘Abd al-Malik al-Tawil. 36             Women have special rooms in these
majalis and were allowed to attend this type of majalis. 37 Some
women offered their houses to be used for the majalis. 38
iii) | The third kind of the majalis are those which were held for
regular students who wanted to study Ibadhi doctrine, or to be
trained for missionary work.              It is reported that Abu ‘Ubaidah
Muslim b. Abi Karimah used to teach his students in a secret cave
with someone on guard outside to inform them if he saw a stranger
coming, by moving an iron chain so Abu 'Ubaidah would stop his
lecture and carry on with making baskets; his covering work, from
which he_ took the title al-qaffaf (basket maker).39 Only members
of the movement were allowed to join these majalis but if they
showed any sort of deviation they were to be expelled from the
majalis.40 During the period of Jabir and Abu 'Ubaidah, members
were very careful in their activities, on some occasions they
 attended their meetings wearing women's dresses or disguised as
 merchants and workers so no-one of their enemies would take
 notice of them.41          In the time of Ziyad and his son the houses
which were           used for holding majalis were attacked on many
 occasions and members were arrested, but in spite of all the
 difficulties,  the    Ibadhi's   activities   at that time were   carried  out
 mainly through the majalis.42
 It appears that the idea of majalis was transferred by Ibadhi
students from Basrah to North Africa. It is reported that Abu Khalil
 al-Darkali,   a student       o the ‘bearers of learning’, told his students,
“Go to the majalis, you lazy boys, for there have been who joined
them between his country and Qabis, and between his country and
Fazzan."43         It was said that he meant himself by that. However,
the majalis were established during the stage of secrecy to ensure
the safety of the Ibadhis and they became afterwards one of the
essential A Mia              of the   Ibadhis    community   during ‘the
periods of Kitman (secrecy).
It can be said that the Ibadhi movement with the leadership of Abu
‘Ubaidah Muslim was an_ intellectual religious movement, its
activities in Basrah were mainly educational. The policy of Abu
‘Ubaidah was _ to educate the members and teach them the Ibadhi
doctrine, and to have as many students as he could from different
provinces of the Muslim countries, in order to establish a universal
Imamate       over the Muslim world.44       In order to carry out his
activities  in Basrah, Abu Ubaidah disconnected himself completely
from the rulers so that he would be on the safe side. His policy in
this respect was contrary to the policy of his predecessor Jabir b.
Zaid.     Abu ‘Ubaidah's instructions to his followers were that they
must not have any connections with the rulers. ‘Abdullah b. ‘Abd
al-"-Aziz a_ student of Abu 'Ubaidah, reported that one of the rulers
(‘Ummal) said to an Ibadhi member, "Let me write down your name
in the register (diwan) and share with you your salary; and my
brother will save you the trouble of the oath (al-bai’ah), and you
take the    money spontaneously."       ‘Abdullah said, "I went to Abu
‘Ubaidah     and asked him about his opinion concerning that offer,
he said, 'Do not go to them or be near them there is no good for
you in that."45       A similar story is reported by al-Rabi' b. Habib,
another    student   of Abu 'Ubaidah, who succeeded him as a leader
of the Ibadhi community in Basrah. He said, "An lbadhi member
wanted to accompany a newly appointed ruler and to go out with
 him.    We asked the man who ordered you to go out with this
 governor?      Another man said that Abu 'Ubaidah allowed him to do
 so. Al-Rabi' said, "Il went to Abu ‘'Ubaidah and asked him if he had
 allowed that person to accompany the governor," he said, ‘| did not
order him with anything of that nature; it is said in the proverb: The
fox said, 'l have ninety-nine tricks, no one of them is more useful to
 me than that the dog does not see me, and | do not see him.’ It is
the same with the Muslim; there is nothing better for him than not
to see them (the rulers) or let them see him, by God; | am afraid
for their Mu'adhin, that he will not be safe in calling for prayers, for
 them, so how about the others?"46 This firm attitude taken by Abu
 ‘Ubaidah towards the rulers was the main mark of his policy, the
 only exception to this rule being 'Umar b. 'Abd al-'Aziz to whom a
 delegation was sent on behalf of the Ibadhi movement.47
 During the time of Jabir it is mentioned that a group of outstanding
 leaders of the Muhakkimah party, including ‘Abdullah b. Ibadh,
 contacted ‘Abdullah b. al-Zubair and offered him help in the hope
 that the might agree to their views.48               Abu ‘Ubaidah adopted
 contrary policy. He always wanted a pure Ibadhi movement, which
 could reach its aims without any confusion.                  It is reported that
 ‘Abdullah b. al-Hasan, when he wanted to revolt against the
 Umayyad, he sent to Abu ‘Ubaidah and some other Shaikhs of the
 Ibadhi community in Basrah to discuss his plans with them. The
 Shaikhs   agreed      to send     Salih b. Kathir to him, but Abu 'Ubaidah
 refused to agree with their opinion and said, "What do you expect
 from a man who is afraid about his life and seeking kingdom,
 would not he agree to all your demands? If he agreed to what you
 invite him to, he would say: "I agree with your views, but the
 people will be of more support to me and | have more right (to the
 Imamate),’     what     would    you   say  to  him,   O  Salih,    when   he  is
 correct?    If he wanted religion as he claims, let him join our man in
 Hadramawt,       'Abdullan    b. Yahya, and fight under his leadership till
 he dies,"49         So    they changed their minds because of Abu
‘Ubaidah.       This firm attitude of Abu 'Ubaidah against having any
contacts    with    non-lbadhi     Muslims   was    very  clear,     and covered
other aspects of life such as marriage50 in addition to political and
religious activities.       This policy was assured with the principle of
al-walayah and al-bara'ah and with the system of al-majalis. In
Basrah the Ibadhi community maintained the policy of secrecy
under the leadership of Abu ‘Ubaidah.                       It seems that the
community of the Shaikhs in Basrah was the executive committee
of the Ibadhi movement.              Abu 'Ubaidah was the leader, or the
Imam, who was in charge of the religious affairs and the general
policy of the whole community. ‘He was$ consulted by Ibadhis all
over the Muslim countries about their problems and plans. In
Yemen, ‘Abdullah b. Yahya did not proclaim the Imamate until he
got the approval of Abu 'Ubaidah. The Imamate of Abu al-Khattab
in North Africa was also designed by Abu 'Ubaidah.52
There were a number of outstanding Shaikhs who took an
important part        beside Abu 'Ubaidah in his task.      Among the
leading Shaikhs was: i) Abu Mawdud Hajib al-Ta'l, of Banu Hilal, a
mawla, originally from Oman, who was born in Basrah.53 He
joined    the   Ibadhi movement after the death of Jabir b. Zaid54 and
became      Abu    ‘Ubaidah's right-hand man.     He was _ in charge of
military    and    financial affairs55 |= His house was one of the
important centres of the movement         in Basrah. _ It was used for
prayers      during    Ramadhan,56    and   important meetings of the
Shaikhs were held in it. 57 When ‘Abdullah b. Yahya al-Kindi and
Abu Hamzah proclaimed the Imamate, Hajib collected a large
amount of money to help them and bought weapons for them.58
When he died he left a debt of fifty thousand Dirhams, and his
colleague al-Fadli b. Jundub sold his house in Suhar in order to
settle that debt.59 He also was sent to Mecca during Hajj to make
peace      between      the Ibadhis of Hadramawt during the time of
‘Abdullah b. Said.60 He also used to look after the activities of the
organization in Basrah and to call for the general meetings.61
Hajib died before Abu 'Ubaidah during the Caliphate of Abu Ja'far
al-Mansur.62
Among the other outstanding Shaikhs of the Ibadhi community of
Basrah were: ii) Hayyan al-'A'raj, a well-known Traditionalist, who
lived in Basrah in the same area as his teacher Jabir b. Zaid.63
He    was     older than Abu 'Ubaidah,64 studied with Jabir b. Aid, and
passed on Traditions from Jabir to the lbadhi students, even to
those who studied with Jabir, such as Abu Nuh Salih al-Dahhan.65
iii) Abu Nuh Salih b. Nuh al-Dahhan, from Basrah, who lived with
Tayi’ in Basrah,66 studied with Jabir b. Zaid67 and participated
    <P
   /CE         MES: IN VARSSSSSc“~
with Abu 'Ubaidah in teaching Ibadhi doctrine. It is reported that
al-Rabi' b. Habib said, "I learned Jurisprudence from three men:
Abu 'Ubaidah, Dumam and Abu Nuh."68 Among the extant works
which were narrated from Abu 'Ubaidah and Abu Nuh is Kitab
nikah al-shighar of ‘Abdullah b. 'Abd al-'Aziz, their pupil.69
 iv) Dumam b. al-Sa'ib, originally from al-Nadb in OQman.70 He was
born in Basrah and studied with Jabir b. Zaid, and narrated
Traditions mainly from him. 71 Even Abu ‘Ubaidah himself learned
Traditions reported by Jabir b. Zaid, from Dumam.              The most
 important part Dumam played was _ teaching Ibadhi doctrine and
Traditions most of which were recorded by Abu Sufrah from Abu
 ‘Amr al-Rabi' b. Habib Dumam was imprisoned with Abu 'Ubaidah
 and another Ibadhi Shaikh called Abu Salim by al-Hajjaj b. Yusuf,
 and was released after the death of al-Hajjaj. 72 There were other
 Shaikhs such as Abu al-Hurr Ali b. al-Husainy, Abu Hamzah al-
 Mukhtar b. 'Awf, Balj or Balkh b. 'Uqbah, and others.
 v) Among the young students of Abu 'Ubaidah who played a great
 part in the Ibadhi organization in Basrah during the life of Abu
 ‘Ubaidah and afterwards was Abu 'Amr al-Rabi' b. Habib b. ‘Amr
 al-Farahidi.    He lived in Basrah in a place called al-Harbiyah. 73
 Later he left Basrah for 'Oman and lived in Ghadafan in al-
 Batinah./4     He was acontemporary of Jabir b. Zaid and studied
 under    him;   he  studied  also  under   Dumam     b.  al-Sa’ib, Abu
 ‘Ubaidah, and Abu Nuh Salih b. Nuh al-Dahhan.75 During the
 time of Abu 'Ubaidah he was, with other members, in charge of the
 majalis,/6 and Abu ‘Ubaidah appointed him as a Mufti of the
 Ibadhis during his life, and described him as "Our pious, reliable,
 and trustworthy man." 77
 It was with the assistance of these men that Abu 'Ubaidah carried
 out his policy successfully, and managed to established two Ibadhi
 states which were areal threat to both 'Umayyads and ‘Abbasids
 afterwards both in Arabia and North Africa.
It is clear that Basrah was the main centre for Ibadhi activities in
lraq.      However, there is evidence that other active Ibadhi
communities existed in Kufah, Mawsil, Mecca, Medina, and some
parts of Khurasan where a good number of great scholars
emerged and contributed to the Ibadhi School. The opinions of
those scholars were presented side by side with those of Jabir.
Zaid, and Abu 'Ubaidah Muslim of Basrah as is evident in the early
lbadhi    works    such as the Mudawwanah of Abu Ghanim, al-Diwan
al-ma'rud,     and  Riwayat     Dumam.    Apart from this fact, very little is
known about these communities and their contribution to the
lbadhi     movement       in_   political and educational activities.78
However, it was aclear policy of the early Ibadhi leaders to direct
their activities to the remote parts of the Islamic Empire so that
they would not be easily crushed. They                   carefully avoided
attempting any open revolution in Iraq, and concentrated on
southern Arabia79 and North Africa.             The following pages are
aimed at throwing light on the expansion of the lbadhi teachings in
North Africa.
The expansion of the Ibadhiyah in North Africa.
It is not known       precisely when the Ibadhi School started gaining
followers in North Africa. At the time when the Ibadhi School was
established in Basrah during the second half of the first century H.,
Islam itself gained a stronghold over North Africa in spite of the
initial opposition it encountered from the Berbers. According to
Lewicki,    the people     of Jabal    Nufusah   remained     firm Christians
after   the Muslim conquest until they were converted directly to the
lbadhi school.80        This claim however is contradicted by other
sources who claim that the people of Nufusah accepted Islam in
mass without any            struggle whatsoever.81       It is also a well-
established fact that Islam was spread as far as Ghadamas, south-
west of Jabal Nufusah, by 'Uqbah b. ‘Amr, leader of the army
dispatched westwards              Py   ‘Amr b. al As who conquered Tripoli itin
 23H.       This will lend support to the claim that some of the Nufusis
 had become Muslims since then, but later adopted Ibadhi views.
 There is authentic information that a few Nufusi Christian families
 still existed in Jabal Nufusah after the Ibadhi school established
 itself in the Jabal.82            Moreover,   there     is sound    evidence   that
 certain Nufusi families remained non-lbadhi Muslims long after the
 lbadhi school predominated in this area. Among these was the
 family of Abu Mansur liyas of Tindimmirah, one of the most
  important families of Nufusah.83               It is difficult to reach a definite
 conclusion on this matter with so little and conflicting information
 to hand.
  The name of a certain Salamah b. Sa'd al-Hadrami is connected
 with Basrah to North Africa to propagate the teaching of his
  school. No specific date is reported of the mission or the arrival of
  Salamah in North Africa.              However, the report of reliable Ibadhi
  authorities that Salamah came to Qairawan together with 'Ikrimah,
 the client of Ibn ‘Abbas,85 indicates that the mission took place
  before the years 105-107H., the dates given for the death of
  ‘Ikrimah.86         Ibadhi scholars regarded the role of Salamah b. Sa'd
  in the Maghrib as comparable with that of ‘Abdullah b. Ibadh in the
  Mashriq.87         They connected the expansion of the Ibadhi school
 with     his visit to      North Africa, which resulted in the mission of the
  students known afterwards as_ the bearers of learning,’ (Hamalat
  al-'ilm), to Basrah to study Ibadhi teaching under the second Imam
 of the Ibadhi school, Abu 'Ubaidah Muslim b. Abi Karimah.
 The fact which           should    not be forgotten is that when Salamah b.
 Sa'd     came     to    North Africa, large lbadhi communities had already
 existed in some areas of central North Africa, namely the western
 part of Libya. It is possible that the Ibadhi views gained followers
 first among the Arab settlers who came in tribal groups for the
 conquest of North Africa, and then settled in the new land. They
 found support among the native tribes of Nufusah, Hawwarah,
Lawwatah, "Zahanah and Zanatah who saw in the Ibadhi vviewss the
true representation of the religion of Islam which does not subject
them to any tyrannical rule, and gives the justification for their
struggle for self-rule within the new religion in equal terms with the
Arabs.      It is also believed that the local people found in Ibadhi
teachings the religious incentive to oppose the tyrannical rule of
both the Umayyads and the ‘Abbasids. _ It is also clear that the
most important role in the early Ibadhi struggle in North Africa was
played by Arabs who were of Hadrami and Yemeni origins.
It appears that the missions of Salamah b. Sa'd was aimed at
choosing local personalities to be sent to Basrah for training so
that they could assume the burden of Ibadhi leadership in North
Africa.     Such a move would make local people regard the Ibadhi
teachings as something of theirs, and bring full Berber support for
the Ibadhi cause.
One of the main ambitions of Salamah b. Sa'd was to see a
manifest Ibadhi Imamate in North Africa. Imam ‘Abd al-Rahman b.
Rustam is quoted as saying, "! wish that this affair (i.e. the Ibadhi
Imamate)       manifests  itself even   for one   day   from dawn to night,
then    | would not mind if my head is cut off."88 There is a possible
indication     in these words that the Ibadhi community in North Africa
had existed before the arrival of Salamah b. Sa'd but was still in
the stage of secrecy, (kitman), and no attempt had at that time
been made to establish the open Ibadhi Imamate.
The first attempt by Ibadhis to establish their Ilmamate in North
Africa began when Ilyas b. Habib was appointed governor of
Tripoli after 127H.        It is reported that Ilyas killed ‘Abdullah b.
Mas'ud_ al-Tujibi, of the Tujib, an Arab tribe of Hadrami origin, who
was one of the leaders of the Ibadhi community of Tripoli.89 It is
not known why this lbadhi leader was killed. Both ‘Ali Mu'amar
and Ihsan 'Abbas suggested that Ilyas wanted to intimidate the
Ibadhis    by this act,90 the fact which        indicates   that the Ibadhis
were a power ‘of a» considerable weight i in Tripoli and its areas s at
the time. However, | think that this action may have been a direct
consequence of the successful revolts that the                 Ibadhis of
Hadramawt and Yemen carried out at about the same time against
the Umayyad           dynasty to establish an independent Imamate.     The
Umayyads        would have naturally been anxious to prevent any
repetitions     in other lIbadhi strongholds by taking pre-emptive
measures.          It appears that Ilyas b. Habib     underestimated    the
power of the Ibadhis, and his action, rather than force¢hem into
 submission, aroused their anger and gave them an immediate
 reason for their revolt. They elected al-Harith b. Talib al-Hadrami
 as Imam. ___ Al-Harith, with the assistance of his Qadi, 'Abd al-
 Jabbar b. Qais b. Nusair b. Rashid, the client of al-'Ansar, in
 revenge for ‘Abdullah b. Mas'ud al-Tujibi.91 Al-Harith ruled all the
 area between Qabis and Sirt, then both he and ‘Abd al-Jabbar
were killed by Shu'aib b. 'Uthman, one of the leaders appointed by
 ‘Abd al-Rahman b. Habib to quench the Ibadhi revolt.92                The
 Ibadhis then elected Abu al-Zajir Ismail b. Ziyad al-Nufusi to lead
 them in their struggle. He gained as stronghold over the areas of
 Tripoli.93     According to Ibadhi sources, Abu al-Zajir was an Imam
 of defense, (Imam al-difa’),94 a fact which suggests that the period
 under his leadership was one of continous military struggle against
 his enemies and that he was not able to establish a stable state.
 The first struggle for the Imamate in North Africa took place
 between the years 127-132 H.                 After this date the Ibadhi
 community reverted to secrecy, (kitman), for eight years. After this
 Abu al-Khattab ‘Abd al-A'‘la b. al-Samh al-Maf’afiri, one of the
 ‘bearers   of    learning’, was elected for the post of Imam in Tripoli in
 the year 140 H. He ruled all the area between Sirt, Qairawan and
 Zuwailah.       But this Ibadhi Imamate could not resist the of the
 ‘Abbasid      Caliphate, and Abu al-Khattab was killed with some
 fourteen thousand of his followers by the 'Abbasid army under the
 leadership of Muhammad b. al-'Ash'ath, governor of Egypt for Abu
 Ja'far al-Mansur, on the year 144 H. 95
 The Bears of ; Learning (Hamalat
                                (            al- iim)
 It is essential here to give some account of the role of the 'bearers
of learning’, in the expansion of the Ibadhi doctrine in North Africa.
It seems that their educational activities began during the early
decades      of the second        century H.       As    mentioned earlier, their
contact with      the   Ibadhi    scholars    of   Basrah was after the visit of
Salamah_b. Sa'd to North Africa. They were chosen from different
areas such a way that the most important centres of central North
Africa were covered so that each area would have its own
religious leader of the native people. These students were: Abu
Dirar    Ismail  b.   Dirar al-Ghadamsi, or Ghadamas; Abd al-Rahman
b. Rustam who was of Persian origin, from Qairawan, and 'Asim al-
Sadrati of Sadratah.           Abu al-Khattab 'Abd al-‘A'la, originally from
Yemen, joined them in Basrah96 where he was pointed out by
their teacher Abu           ‘'Ubaidah Muslim, as the first Imam of the
expected imamate of North Africa. This fact shows that the power
which was still to count more on the question of leadership was
that of the Arab settlers, and Abu al-Khattab was sent to North
Africa to cover this need. There were no Nufusis among this
mission because the Nufusi representative on a similar mission,
lbn Maghtir al-Jannawani had gone to Basrah and returned
earlier.97
The training of these students was undertaken by Abu 'Ubaidah
himself.      They spent five years with him and he was satisfied with
the standard,         which they acquired.            Apart from their political
Struggle which        started on the year 140 H. under the leadership of
Abu al-Khattab, and continued under the leadership of his
colleague 'Abd a-Rahman b. Rustam, who managed to flee to
central Algeria after the death of Abu al-Khattab, and established
the Rustamid Imamate in the year 160 H. which lasted up to 296
H., the 'bearers of learning’ played an important part in passing
over to their fellow Ibadhis of North Africa the teachings which
they had learned in Basrah.               It is not known whether they had
brought those teachings in a written form. In fact, the only written
work ascribed to one of the ‘bearers of learning’ is the Tafsir of
‘Abd al-Rahman b. Rustam. 98 It is reported that Ibadhi doctrine
in written form by Abu 'Ubaidah Muslim was to be found in Fazzan
in Libya during the middle of the second century H. In a letter to
the Fazzani scholars 'Abd al-Qahhar b. Khalaf, Jannaw b. Fata al-
Madyuni,        of the Berber tribe of Madyunah, wrote, “And know, may
God bless you together with us, that | long very much for you
presence and the renewal of personal contacts with you, so that
you may benefit from the Books of Abu 'Ubaidah, may God bestow
his mercy on him." 99 There is no information how these books of
Abu 'Ubaidah Muslim b. Abi Karimah got into the hands of his
 Fazzani scholar, but it may be that he himself had studied under
Abu 'Ubaidah in Basrah and brought them back with him.
The point which must be asserted here is that the final form of the
 lbadhi doctrine was established in Basrah and was brought over to
 North Africa through the missionary students, who seem to number
 more    than the five mentioned above, and who are known in Ibadhi
 sources by the title (Hamalat al-ilm).            It is also clear that the
 contracts between the centre of the Ibadhi movement in Basrah
 and North Africa were established at an early stage of the latter's
 history.
 There is no evidence of any lbadhi scholars among Berbers
 existing before the time of Abu 'Ubaidah Muslim. The first Berber
  lbadhi scholar mentioned in Ibadhi sources is Ibn Maghtir al-
 Jannawani, who studied under Abu 'Ubaidah in Basrah before the
  latter established his final opinions on the Ibadhi legal system. 100
  lbn Maghtir was the Mufti in Jabal Nufusah before the return of the
 five ‘bearers of learning.’ Ibadhi sources also mention ‘Amr b.
 Yimkitin as the first Ibadhi scholar of Nufusah to start teaching
  Qur'an     in    the  mosque     of his village,   Afatman.   He  became
  afterwards        one   of  the   important   leaders    of Nufusah    and
participated | in the        wars of      Abu al- Khattab ‘ss the ‘Abbasid
army.101
According to the available information, it is clear that the Ibadhis of
North Africa were in firm contact with Basrah for the study of
Ibadhi teaching            from their start.         It is also certain that such
contacts existed towards the end of the first century H.
The lbadhis of North Africa depended very much on the scholars
of Basrah, especially Abu 'Ubaidah Muslim, in whatever problems
they faced on legal and theological matters. Among the extant
works which Abu ‘Ubaidah wrote to the people of the Maghrib is
his treatise on zakat which he wrote to a certain Ismail b. Sulaiman
al-Maghribi.102             Jitali also       reported that Abu 'Ubaidah sent
responses (Jawabat) on theological questions to the people of the
Maghrib,103         but     these      responses       are   still  missing.     These
contacts were presumably very effective during the time of Abu
‘Ubaidah before the return to Africa of the five students (Hamalat
al-ilm), who took over the burden of propagating lbadhi teachings
and deepening             its roots        amongst the Maghribis.            The most
important      part     of     this   task   was   carried    out  by   Abu   Dirar  al-
Ghadamsi, Abu Dawud al-Qibilli, and ‘Abd al-Rahman b. Rustam.
The others, namely Abu al-Khattab 'Abd al-A’la and ‘Asim al-
Sadrati directed their activities                  towards political and military
struggle and they both died before they could settle down to
participate in any educational activities.
The    contacts      between        the   two   Ibadhi    communities of the ‘East’,
(al-Mashriq), and the ‘West’, (al-Maghrib), was maintained all the
time.      When         ‘Abd al-Rahman b. Rustam was elected to the
 lmamate      in Tahert, the              Ibadhis of the ‘East’ sent a special
delegation to examine his conduct, and when they were satisfied
with him,       they       gave him full support morally and financially.
Afterwards, whenever a conflict took place among the Ibadhis of
 North   Africa,    they sought its resolution from their fellow Ibadhis of
  <3 CAM ES. IN VQRYSSSSS3__
the 'East'. A number of ‘letters’ were written by scholars of the
‘East’ giving their opinions on religious and political issues which
occurred among the Ibadhis of the Maghrib. 104
Ibadhi literature written by scholars of the 'East' was presented to
the Ibadhis of the Maghrib.105                   During his rules, Imam ‘Abd al-
Wahhab        b. 'Abd     al-Rahman     b.    Rustam,    sent for books from the
‘East’.     His fellow Ibadhis of the ‘East’ transcribed and sent to the
Maghrib forty camel loads of material on paper worth one
thousand dinars for which Imam ‘Abd al-Wahhab paid.106 It was
also    during     the time of 'Abd al-Wahhab that Abu Ghanim Bishr b.
Ghanim al-Khurasani traveled to Tahert to present his works to the
Imam.       Educational contacts between the two communities were
firmly maintained thereafter.        The annual conference of the Ibadhis
took place during the time of the Hajj.                   They    met at Mecca to
exchange news and compare notes.
As a whole, the Ibadhis_ in North Africa played a little part in the
development of the Ibadhi thoughts, but they did preserve them
both in theory and practice. After the return of (Hamalat al-'ilm), a
number        of great scholars emerged among the Ibadhis of the
Maghrib      known      as the students of the 'bearers of learning’ among
whom      were:     ‘Abd al-Wahhab         b. 'Abd al-Rahman b. Rustam, Abu
Khalil    al-Darkali,     Muhammad       b.    Yanis, and others.107      After the
founding      the city of Tahert,      which       was   the capital of the Ibadhi
Imamate,        it   became    one    of     the    most   important   centres   for
propagating !badhi teachings. The Imams themselves took part in
teaching and in writing books. There were other centres in
Nufusah as well as in other places in the Maghrib.                        After the
collapse of the Imamate of Tahert, the cultural activities of the
Ibadhis moved to Warijlani and Wad Righ.                       Jerba Island also
became one of the main educational centres as aresult of the
activities of the 'Azzabah council in the area.                    Jabal Nufusah,
although its contacts with the Imamate in Tahert were weakened
after the Battle of Manu against Aghlabids in the year 283 H.,
carried an almost independent role in preserving Ibadhi teachings.
 several centres and schools were established in different areas of
 the Jabal for teaching the Ibadhi doctrine. A large number of great
 lbadhi scholars emerged in the three communities of Jabal
 Nufusah,    Jerba Island and central North Africa, i.e. Southern
 Tunisia and Algeria,      and participated a great deal in Ibadhi
 studies.   Most of the important works written by these scholars
 over the centuries are still extant and deserve special academic
 attention.
              Shamakhi, Siyar., 83.
OANDAARWN>
              Jahiz, al-Bayan wa al-tabyin., editor Sandubi, Ill, 227
              lbn Midad, Sifah., 28
              Salimi, Hashiyat al-Jami'i' al-sahih., |, 6
              Loc. cit.
              Baghturi, Siyar., 3
              Lewicki, article 'al-lbadiyyah’, E.1., 2nd edition
              Shammakhi,        Siyar., 91
              Cf. Supra, 68
  10.         Mubarrad, Kamil., III, 910
  11.         Ibn   al-Nadim,     Fihrist.,   132:   lbn Sa'd Tabagqat., VII, 61: Ibn
  Qutaibah, Mal’‘arif.,
  12.        © Shammakhi, Siyar., 81
  13.          lbn Midad, Sifah., 30
  14.     From astatement made by his student ‘Abdullah b. ‘Abd al-
  ‘Aziz. Fragments from al-Baruniyah collection, Jerba.
  15.         Abu 'Ubaidah, Masa’il., Ms. 37: Jitali, Sharh al-Nuniyah.,
  1,47
  16.         Loc. cit.,
  17.         —Jitali, Qanatir al-khairat., My edition, Introduction, 17-18
  18.         Loc. cit.
  19.         Abu al-Mu'thir, Sirah., Ms.20
 20.           Shammakhi, Siyar., 120-121
 21.         = Ibid., 113
 22.          Abu Ghanim al-Khurasani, Mudawwananh., Ms. 11,8
oi ail Maa                           LIN DRESSSSSs
         CF. Infra, 368 ff.
4        Darjini,     Tabaqat.,   12; Baghturi,   Siyar., 4-5; Shammakhi,
Siyar., 124
25. — Daarjini, op. cit., 11; Shammakhi, op. cit., 98
26.      Darjini,     , op. cit, 11-12; Shammakhi,        op. cit., 123-124;
Mus'abi, Hashiyah ‘ala al-Musarrih., 150a.
2/7.      Ibid., 150b
28.      Salimi,     Hashiyat al-Jami'i' al-sahih., |, 4;shammakhi,    Siyar.,
 119.
29.      Cf. Infra, 407 ff.
30.      Mubarrad, Kamil., Ill, 909;Darjini, Tabaqat., 214; Ibn Abi al-
 Hadid, Sharh Nahj al-balaghah., V, 101-102
31. | Shammakhi, Siyar., 66
32.      Danini, Tabagat., 235-236; Shammakhi, op. cit., 90-91
33.       Ibid., 93
34.      —Ibid., 101; Darjini, op. cit., 256
 35.     Loc. cit.
 36.     Daarjini, op. cit., 236; Shammakhi, op. cit., 101, 107
 37.   = Ibid., 93
 38.       Ibid., 108,109; Darjini, op. cit., 21
 39.      Darjini, op. cit., 21; Shammakhi, op. cit., 124
 40.      Cf. Infra, (368) ff.
 41.      Shammakhi, Siyar 108; Darjini, Tabaqat. 237
 42.      Loc. cit.
 43.      Baghturi, Siyar, 84; Shammakhi, Siyar. 211-12
 44.  __ Lewicki, article ‘al-lbadiyyah'. E.1., 2nd edition
 45.      —Riwayat Ibadiyyah., Ms.14
 46.      —Ibid., 14-15
 47. — Bisyani, Sirah., Ms. 19.; Ibn Midad, Sifah., 9-10
 48.      (Cf. Supra, (3)
 49.      Shammakhi, Siyar, 83-84
 50.      Abu Ghanim, Mudawwanah., 11, 8
 51. — Isfahani, 'Aghani, XXlll, 112
 52.        Darjini, Tabagat., 22; Shammakhi, Siyar., 124
 53.      Ibn Midad, Sifah., 6, 29, 30
             <2                               >
54.      Shammakhi.i. Sivan.       92
 55.     Ibid., 92; Ibn Midad, op. cit., 6
56.      Shammakhi. op. cit., 118
 57.   — Ibid., 84, 90
 98.   = Ibid., 92; Ibn Midad, op.cit., 6
 99.     ——‘Ibid., 6; Shammakhi. Op. cit. 106
 60.     ‘Ibid, 92
 61.     Shammakhi, Siyar., 85
 62.      Ibid., 91
 63.     Yaqut, Mu'jam al-Buldan., 11, 173
 64.     Shammakhi,        Siyar., 89
 65.     _—Ibid., 90
 66.     _lbn Midad, Sifah 12-13
 67.     Shammakhi, op. cit., 88; Darjini, Tabaqat., 241-42
 68.     Darjini, op. cit., 261; Shammakhi, op. cit., 104
 69.     Cf. Infra, 164
 70. — Ibn Midad, op. cit., 6,29
 71.     ©Shammakhi, Siyar., 88
 72.     Ibid., 87, 96; Darjini, Tabaqat., 234-35
 73.     Ibid., 261: lbn Midad, Sifat nasab al-'ulama., 36-37
 74. ~~ Salimi, Hashiyat al-Jami'i’ al-sahih., |, 4
 75.     ‘Ibn Midad, Sifah., 28; Darjini, Tabagat., 261, Shammakhi,
 Siyar., 103
 76. — Ibid., 86
 7f. — Darjini, Tabaqat., 261; Shammakhi, op. cit., 103
 78.     Cf. Lewicki, article 'al-lbadiyyah’, E.]., second edition
 79.     ~=Ibid., 651.; "Les Ibadites dans Il'Arabic du Sud au moyen
 age.", Folia Or., |, (1959), 3-17.
 80.     Lewicki, Etudes Ibadites., |, 54
 81.     Abu Ishaq, The introduction to K. al-Wad., 6
 82.     Al-Baghturi, Siyar Masha'ikh Nufusah., Ms. 69, 141
 83.     Ibid., 59; Lewicki, op. cit., 48-49
 84.     Darjini, Tabagat., 11: Shammakhi, Siyar., 98
 85.     Darjini, op. cit., 11; Mus'abi, Hashiyah ‘ala       al-Musarrih.,
 150a
86.      “Ibnn Hajar al Asaalani Tahdhib al-Tahdhib., VII 263-273
 87.       Al-Sufi, Su'alat., quoted by al-Qutb, Sharh al-Nil, X, 236
 88.       Darjini, Tabacat., 11-12; Shammakhi, Siyar., 98
 89.       Ibn ‘Abd al-Hakam,         K. Futuh Afriqiyah wa al-Andalus,
 edition Albert Gateau, Algiers, 1947, 140.
 90.         'Ali Mu'ammar, Al-lbadhiyah fi Libya., |, 45; Ihsan ‘Abbas,
 Tarikh Libya, 43
 91.       Ibn ‘Abd al-Hakam, op. cit., 140
 92.      Al-Raqiq al-Qairawani, Tarikh Afriqiyah wa al-Maghrib.,
  128-129
 93.       Ibn ‘Abd al-Hakam, op. cit., 142
 94.      Wisyani, Siyar., 77; Lewicki, Etudes Ibadite., 1,127-128
 95.       Ibn ‘Idhari, Bayan., |, 72; Abu Zakariya, Siyar., 10b
 96.       Darini, Tabagat., 33; Baghturi, Siyar 3-4
 97.      Wisyani, Siyar., 76; Lewicki, op. cit., 17
 98.      Cf. Infra, (141, 191 Note 10)
 99.      Ajwibat 'Ulama' Fazzan., Ms. 3; Shammakhi,        Siyar., 191
 100. Cf. Infra, (169, 196) Note 93
  101. ibn Sallam Bad'u al-lslam wa Shara'l al-din., 50
  102. Cf. My "Description of New lbadhi Mss., J.S.S., 15, 1, 67-
 68. It is possible that Ismail b. Sulaiman al-Maghribi mentioned in
 the treatise of Abu 'Ubaidah is the same Ismail b. Ziyad al-Nufusi,
 the Imam of ‘defense’ elected after the death of Al-Harith.
  103. A\l-Jitali, Sharh al-Nuniyah.,
  104. Cf. Shammakhi, Siyar., 146, 187; Ibn Sallam, op. cit., 60-63;
  Darjini, Tabagat., 51-52, 71-72.
  105.     Salimi, Lum’ah., 25
  106.     Loc. cit.
  107.     For the biographies of Abu Khalil and Muhammad b. Yanis,
 cf. Lewicki, op. cit., 27-30, 87, 101.
  108.      For the lbadiyyah of Jerba Cf. 'Ali Mu'ammar, al-lbadiyyah fi
 Tunis., Beirut, 1966.
CHAPTER      Vv
IBADHI JURISPRUDENCE.
In 1903 Professor Duncan Macdonald wrote: "Of the jurisprudence
of the Ibadhis we know comparatively little. A full examination of
lbadhi fiqh would be of the highest interest, as the separation of its
line of descent goes             for  back behind the formation of any of the
Orthodox system.” 1
The full examination of the Ibadhi fiqh has not been carried out
since then as was hoped by this scholar.                    Instead, the lbadhi
school of law has been treated by those who studied Islamic law
with little attention and was always referred to in generalised
statements of little value.
Although Schacht was aware of the fact that the lbadhi school of
law was attributed to the tabi'l Jabir b. Zaid, 2 he concluded his
note on the Ibadhi law by stating that the Ibadhis derived their law
from the orthodox schools. 3
Contrary      to    what he avers, the Ibadhi School from the start took a
detached        line.     It had its own independent authorities, collections
of Traditions         and    works   by its own jurists. It seems that Schacht
was    let   to formulate such a view for the following reasons: lack of
information about the original sources of Ibadhi law; the general
view held that the Ibadhis were a_ branch of the Kharijite
movement.             Since the Ibadhis, like Sunnis, held contradictory
views to those of the Kharijites on certain points, he thought that
the Ibadhis derived those opinions from the orthodox schools.
Finally, he denies outright the fact that the features common to
different Islamic schools of law were older than the establishment
of these schools. 4
In this    chapter it is undertaken to study the origins of the Ibadhi
School      of law, its foundation and development, and the main
points of      difference     between     Ibadhis    and   other  main   Muslim
schools.
The    Ibadhi   School    of law    is one   of the    oldest, if not the oldest
surviving school of Islamic Jurisprudence.                 Its foundation goes
back to the ‘successor’ (tabi'l) Jabir b. Zaid al-'Azdi and his
contemporary colleague and student, Abu 'Ubaidah Muslim b. Abi
Karimah. The suggestion by Macdonald that "the Ibadhi school of
law must have been codified to a greater or lesser extent by
‘Abdullah b. Ibadh"S proved to be untrue. Careful investigation
has shown that ‘Abdullah b. Ibadh made no contribution to Ibadhi
jurisprudence. His main role was in Ibadhi theology and political
doctrine.
The    man    actually   responsible     for the foundation       of the  Ibadhi
school    of law    was    Jabir  b. Zaid.   A Traditionalist and a jurist, he
was able, because of his vast knowledge of Qur’an and Traditions
of the Prophet, to form an independent school, and to attracta
 number of intellectuals as students.              They later developed and
transmitted his opinions.
 The final shape of the Ibadhi system of law as formed by his
 student Abu 'Ubaidah Muslim b. Abi Karimah in his later years,
 and by al-Rabi' b. Habib the student of both Jabir b. Zaid and Abu
 ‘Ubaidah.    Jabir   b. Zaid,   however,     remained      the  most important
 figure in the foundation of this school. Apart from his skill as a
 mufti who spent most of his life delivering legal opinions and
 adjusting his views by consulting the living ‘Companions of the
 Prophet and the outstanding ‘successors’ tabi'un, he was also the
 main link between the followers of this school                       and those
 Companions who played the major part in forming and transmitting
 opinions on religious and legal matters.
 The leading      part played by Jabir         in the foundation of the Ibadhi
 school was       clearly acknowledged          by the second Imam of the
Ibadhis, Abu ‘Ubaidah Muslim b. Abi Karimah, "Every Traditionalist
who    has no Imam in jurisprudence has gone astray. Had not God
favoured us with Jabir b. Zaid we too would have gone astray."6
The fact that Jabir was        a master of an independent school of law
was also        recognised by Sunni authorities.          Abu Zakariya al-
Nawawi, (ob. 676 H./1277 A.D.), in his book Tahdhib al-'Asma’,
after speaking about Jabir b. Zaid, his teachers and students said,
".... hey all agreed upon regarding him a great and reliable
scholar;    he    was    considered    to be  one  of the   Imams    and  the
learned among         the 'successor'’ and he had a school (madhhab) of
his own." 7
Accounts of Jabir's life and activity as a mufti have already been
given.8     Here we are mainly concerned with his contribution and
approach as a jurist. His legal opinions or fatwas were recorded
by his lbadhi students and form an important part of the basis of
the Ibadhi School of law.
The    sources     of legal   opinions    known to and used by Jabir were
the   Qur'an,    Sunnah, opinions of the Companions, (‘Athar) and his
own ra'y, individual reasoning.
With regard to the Qur'an, Jabir possessed full knowledge of its
 interpretation from his teacher Ibn ‘Abbas who is considered to be
the best authority        in the Tafsir of the Qur'an. The two authorities
from    whom most information on Tafsir were reported, Mujahid and
 Qatadah,     both    had close relationship with Jabir.    In fact, Qatadah
was one of Jabir's students. 9 It is of interest affirm here that there
were no special Ibadhi works on Tafsir during the first 150 years of
the hijrah. Ibadhi sources mentioned the Tafsir of ‘Abd al-Rahman
 b.  Rustam,     10   one of the students of Abu 'Ubaidah Muslim b. Abi
 Karimah, and _ the first Imam of the Ibadhi Imamate in Tahert. The
 second complete Tafsir is that of Hud b. Muhkam al-Hawwari
which was composed during the 3rd century H. 11. The most
 important and the largest Tafsir written by an Ibadhi author is the
Tafsir of Abu ‘Yat cub ‘Yusuf b. Ibrahim                   as      (d 570H). 12
 This work is still lost. The discovery of this book would be of great
 value to Islamic and Ibadhi studies.
 The interpretation of the Qur'anic verses dealing with legal and
 religious matters is reported in those works containing the fatawa,
 and the transmissions (riwayat), of Jabir and Abu 'Ubaidah. The
 verses dealing with legal matters are dealt with in a special work
 by the Omani Imam al-Salt b. Malik (d. Friday, 15 Dhu al-Hijjah,
 275).     His work is entitled Tafsir 'ayat al--Ankam, or Tafsir al-
 Khamsini'ati 'ayah. 13
 As for the studies of Jabir b. Zaid, he gained his knowledge of
 Islam and its religious and legal system through a large number of
 Companions, especially lbn ‘Abbas, Ibn ‘Umar, ‘Abdullah b.
 Mas’ud and ‘A’ishah.             The Ibadhi Imam Abu 'Ubaidah Muslim b.
 Abi Karimah claims the professorship of the following Companions
 for the Ibadhi school; Abdullah b. ‘Abbas, 'Abdullah b. Mas’ud, and
 Abdullah b. Sallam.            He described them as being firmly rooted in
 knowledge, (al-rasikhun fi al-'ilm). He further said, "We walked in
 their steps, followed their sayings, relied on their conduct and
 emulated their methods." 14
 As    mentioned       earlier,      the basic sources     in formulating   legal
 opinions     used    by    Jabir   b. Zaid   were the Qur'an, Sunnah, ‘Athar
 then individual reasoning, ra’y.
 sunnah, in the sense of the sayings of the Prophet, his deeds, and
 his   approval     of certain actions or sayings of his Companions, was
 familiar    to   the     early    Ibadhi   authorities   in its widest   sense.
 According      to Schacht,       "The earliest, certainly authentic, evidence
 of the use of the term ‘Sunnah of the Prophet’ referring to its
 original political use which provided a doctrinal link between the
 ‘Sunnah     of the      Prophet', the Sunnah of Abu Bakr, ‘Umar, and the
 Qur'an,    appeared        in the letter addressed by ‘Abdullah b. Ibadh to
‘Abd al- Malik b. ‘Marwan about 76 H/695 A.D. However, Ibadhi
authorities used this term in its technical sense from the early
period of the foundation of their school. The term is used by Jabir
b. Zaid in two of his letters. In a letter to 'Uthman b. Yasar, Jabir
wrote: "As go what you have written to me asking about the slave,
whether he can pray though uncircumcised               - circumcision for the
Muslim is an obligatory Sunnah (Sunnah wajibah) and must not be
neglected.        We dislike (nakrahu) that you should leave a slave of
yours uncircumcised, and he must not pray unless                        he is
circumcised."      16     In another letter to al-Harith b. 'Amr, Jabir again
wrote: "As for what you mentioned regarding aman who prays
Maghrib, ‘Isha’, and Subh prayers not reciting anything of the
Qur'an (in these prayers), what | prefer concerning this, is that he
pray again those prayers and recite Qur'an (in them), for he has
neglected the Sunnah, unless he is an illiterate person who cannot
read, as God would not charge a soul except according to its
Capacity." 17 Jabir also mentioned the term Sunnah in his letter to
Tarif b. Khulaid in the following statement: "As for what you have
mentioned regarding an Imam leading people in obligatory
prayers, who omitted to make the ruku’, the people following him in
that,   |   prefer    that    those  people    pray again    what they   have
performed       contrary to the Sunnah."       He further added, "Nothing of
people's affairs in which they oppose Sunnah can be right."18
The latter two quotations are reported also in K. Jabir b. Zaid,
narrated by Habib b. Abi Habib from 'Amr b. Harim from Jabir b.
Zaid. 19
Salim     b. Dhakwan,          a contemporary of Jabir b. Zaid, when
discussing the attitude of the extreme Kharijites said, "We have
nothing to do with those who claim that today they have gained
better knowledge of the Qur'an and Sunnah and achieved
supremacy over them (i.e. early Muslims)."20 The role of Sunnah
as a second source of Ibadhi jurisprudence was clearly stated by
Abu ‘Ubaidah Muslim b. Abi Karimah, the successor of Jabir b.
Zaid, in numerous statements:
1)   | The     Imam   (leader) of the Muslim          is the  Qur'an, and his
guide is the Sunnah of the Apostle of God. He likes only what god
and His Apostle like. 21
2)       Conceming the decision of the Imam whether it canbe
changed by the learned men of the community or not, Abu
'Ubaidah     Muslim   said,   "If his    decision was contrary to the ‘Book’
and the Sunnah,        and   the decision       on the   case is known in the
Qur'an and      the Sunnah, they must change what is contrary to the
‘Book’ and the Sunnah." 22
3)       Safety lies in what came from God and His Apostle, and
peril in opposing them. No one can be right except he who agrees
with them. 23
The students of Abu 'Ubaidah kept to the same line. Some of his
students went to the extent of rejecting the opinions of early Ibadhi
authorities,    such    as   Jabir    b.    Zaid  and   Abu  ‘Ubaidah,   when
 authentic Traditions were reported on a case, even by non-lbadhi
 authorities.    On the question of hiyazah (acquisition of the right of
 possession),    it was    reported that Jabir b. Zaid, out of precaution,
 added _ ten years more to the ten years fixed by the Prophet as the
 maximum time for acquisition of the right of possession of land or
 property, if the original owner did not claim his right to it during
 those twenty years.        ‘Abdullah b. 'Abd al-'Aziz, a student of Abu
 ‘Ubaidah, rejected the opinion of Jabir on the basis of the Tradition
from the Prophet, reported by both Medani and Kufi authorities,
 that the fixed time for hiyazah was ten years only. 25                    His
 argument concluded with the following statements,                  "What the
 Prophet said is the only truth.             The Sunnah must come first,
 provided it is an authentic Sunnah from the Prophet.                   As for
 analogy, (qiyas), though it may be old, it still cannot supersede the
 Sunnah." 26
IBADHI | CONTRIBUTION TO THE FIELD OF HADITH:
The eagerness of the early Ibadhi authorities to follow the Sunnah
of the Prophet manifested itself in their contribution in the field of
Hadith. Ibadhis considered themselves as the true followers of the
sunnah.      The usage of the term 'Sunnis' as a definition of the four
orthodox schools of Islamic law was usually rejected by Ibadhis on
the basis that they also, if not alone, are the true followers of the
Sunnah. 27       They contributed to the field of Hadith by preserving
and recording their own collection of Hadith. All early authorities,
who founded the Ibadhi school, were eminent Traditionalists such
as Jabir b. Zaid, Abu Nuh Salih b. Nuh al-Dahhan, and Hayyan b.
al-'A'raj.   Their names are well known in the Islamic collections of
Hadith,    and are regarded by the Traditionalists as 'reliable’. 28 As
for the scholars such as Abu Sufyan Mahbub b. al-Rahil, they also
were Traditionalists and were regarded by Sunni Traditionalists as
‘reliable’, though they were not as well known as those mentioned
previously. 29 Apart from transmitting Tradition of the Prophet,
Jabir b. Zaid participated in recording Traditions of the Prophet by
writing down Traditions from         some of his colleagues30 and
allowing his students to write down Traditions on his authority.31
lbadhi sources repeated the information given by Abu Zakariya’ al-
Warijlani, in his Siyar about the Diwan of Jabir b. Zaid, which he
had composed, and which was available in the library of the
‘Abbasid     Caliph,   Harun’   al-Rashid.32      Haji Khalifah also
mentioned Diwan Jabir b. Zaid,33 but he did not give any further
information about the Diwan or the source of his information about
the Diwan or the source of his information about it. As he has not
mentioned any Ibadhi sources in his book, it is possible that he
derived his information about the Diwan of Jabir from non-Ibadhi
sources unknown to us.           This however, supports the Ibadhi
information about the Diwan, and creates hope for a future
discovery of one of the earliest works on Hadith. 34 In support of
the assertion that Jabir b. Zaid has recorded Traditions and other
forms of legal opinions from the Companions and some of his
colleagues, the following information should be considered, "Abu
 ‘Amr 'Uthman b. Khalifah al-Sufi, from Shaikh Yikhliftan b. Aiyub,
 from     Abu     Muhammad        said,    ‘The   Diwan    of Jabir   was    in the
 possession of Abu 'Ubaidah, then in the possession of al-Rabi' b.
 Habib, then in the possession of Abu Sufyan Mahbub, then in the
 possession of his son Mohammad b. Mahbub, from whom they
 (i.e. The books or the volumes of the Diwan) were transcribed in
 Mecca" 35 It may be of some value to mention here that the word
  Diwan is used in many places in lbadhi chronicles meaning a
  collection of books and not a particular book. 36
  Early    Ibadhi   sources   preserved      few   notes regarding the rules of
  narrating    and    recording   Traditions.      Abu 'Ubaidah said, "It does
  not matter to change the position of the words of the Traditions of
  the Prophet or of the ‘Athar by bringing them forward or putting
  them back if the meaning is the same."                  He was asked, "What
  about adding or omitting letters such as (, ) or (i) if the meaning
  was not affected?" He said, "I hope that it will not matter." 37
  Speaking      about from whom         religious   knowledge     ('ilm)  is   to be
  obtained, Abu 'Ubaidah said, "It must not be learned from a heretic
   propagating his heresy; a fool whose foolishness is well known; a
   liar, even if he is truthful in his futya; or from him who did not
   distinguish his school, (madhhab), from others." 38
   It appears that knowledge              of Tradition is not necessary for
   scholars to teach 'ilm, which means figh, i.e. knowledge of legal
   opinions.      Abu ‘Ubaidah was asked about the person who did not
   memorise Traditions of the Prophet - is he reliable (thiqah), can he
  teach 'ilm?           He said, "God be praised, is it that every one
   memorises Hadith?            Nay, knowledge is to be learnt from the
   reliable person even if he does not know a single Tradition." 39
   Concerning       adoption   of Traditions,     there are two references, the
  first one     reported in Masa’il Abi ‘Ubaidah.        He was asked whether
the ‘questioner      should    follow the fatwa of the reliable | person if he
based     it on a Hadith narrated from a Companion.            He said, "If you
recognized      the truth you      must follow it, otherwise you must not."
He added, "You must not submit to a man who tells of all he has
heard, but you must distinguish the reliable opinions, and ask who
has more knowledge than he has." 40 As for referring to books for
delivering legal opinions, Abu 'Ubaidah was asked about the case
when a learned man says to another man, "This is my book, take it
and transmit it, and deliver fatwas from its contents." He said, "The
man is not allowed to deliver a legal opinion except what he has
heard    from    the   learned   man,   or    states that he saw in a book so
and so." 41 ‘Abdullah b. ‘Abd al-'Aziz stated that the Traditions
which were current among the Companions and the 'Successors'
must be adopted, but those which were not well known (shawadh)
must not be taken into account. 42
However, more rules concerning hadith appeared later in the work
of Abu Ya'qub al-Warijlani, al-‘Adl wa al-'insaf. Most of those rules
are known in Sunni books on 'ilm al-hadith. It is assumed that Abu
Ya'qub may have picked up some of them from his Sunni teachers
in Cordova, and a number those rules would have been handed
down      to him from Ibadhi authorities of earlier times, such as
Muhammad          b.   Mahbub,      and    his father Abu    Sufyan,   for it is
reported that their books came into his hands. 43 It may be of
some importance to mention here the rules laid by opinions, from
which legal opinions can be delivered.                 The rules are that the
writer should be a (waliy), the man who dictates should bea
 (waliy), two ‘awliya’ should inspect the dictation, and two other
 ‘awliya’ should inspect the writing. 44
 AL-JAMI AL-SAHIH:
 The work which contains the Ibadhi collection of hadith, in the real
 technical sense of the term, is al-Jami'i al-Sahih, or Musnad al-
Rabi b. Habib.          The original version of the book composed by al-
Rabi’ b. Habib is not in common use. The current version ts that
rearranged by Abu Ya'qub Yusuf b. Ibrahim al-Warijlani entitled
Tartib     al-Musnad.45             This latter copy contains additional
narrations      added     by   Abu   Ya'qub. These additions occupy parts
three and four of the current editions and contain the narrations
from al-Rabi' on theological questions, all of which are included in
part three.        In part four, there are the narrations of Abu Sufyan
Mahbub       b. al-Rahil      from   al-Rabi',   narrations   of   Imam   ‘Abd   al-
Wahhab b. ‘Abd al-Rahman b. Rustam from Abu Ghanim Bishr b.
Ghanim al-Khurasani, and the magali of Jabir b. Zaid. In these
maqali, the authority for transmission between Jabir and the
Prophet is not mentioned.
As for the first two parts of the Musnad, they contain Traditions on
legal and religious matters, arranged in the same manner as the
sunni collections of Hadith. The Isnad (chain of authorities) of the
two first parts is as follows:
Al-Rabi' b. Habib Abu 'Ubaidah - Jabir b. Zaid a Companion - the
 Prophet.       The Companions are mainly: lbn ‘Abbas, Abu Hurairah,
Abu    Sa'id     al-Khudri, Anas b. Mali, A'ishah and others.           According
 to  al-Rabi',      the   Traditions     reported     from   '‘A'ishah   were   68;
Traditions      from    Ibn 'Abbas 150; Traditions from Anas b. Malik 40;
 Traditions      from    Abu     Sa'id   al-Khudri    60; Traditions    from   Abu
 Hurairah     72.     The    marasil   Traditions    of Jabir    b. Zaid 180, and
 those of Abu 'Ubaidah 88. Traditions through the following Isnads:
 (a) Al-Rabi’ - Abu Aiyub al-'Ansari - the Prophet;
 (b) Al-Rabi’ - ‘Ubaidah b. al-Samit - the Prophet, and
 (c) Al-Rabi’        - Ibn Mas'ud - the Prophet, number 92. The rest of
the Traditions added by Abu Ya'qub in parts three and four are
261.46       The lbadhi collection            of hadith is much less in number
than the Sunni collections of hadith. Al-Rabi' himself confirmed
the well-known statement that the total number of the authentic
Traditions reported from the Prophet is four thousand, 900 on the
‘Usul, and the rest on morals (‘Adab) and history (‘Akhbar). 47
The Ibadhi collection with the additions of Abu Ya'qub contains
 1005 Traditions.
The material of the Musnad of al-Rabi' b. Habib is the same as the
material       reported by Sunnis in their collections.                    Most of the
Traditions reported by al-Rabi' b. Habib are reported by other
Sunni authorities with the same wording, or with slight differences.
Al-Salimi,       in his commentary on the Musnad, pointed out the
Traditions reported in a unique form not found in the Sunni
collections, but there are still similar Traditions expressing the
same views, technically called Shawahid. On the other hand, the
 Ibadhi collection contained a number of Traditions, each reported
with its sound Isnad of the Ibadhi authorities, which nevertheless
were not accepted in the Sunni collections. Some of them have
been described as being invented (mawdu').                            The same is the
case with a number of Traditions regarded as authentic by the
Sunni    authorities,       but   which      were, to lbadhi authorities, no more
than plains lies or innovations (bida’). 48
lbadhi jurisprudence during its long history depended only on
Ibadhi      material       reported        by Ibadhi authorities. The other
collections of Traditions by Sunnis were not used at any stage. In
fact, the first Ibadhi scholar of North Africa to mention certain
Sunni collections            of hadith in his works was Abu Ya'qub al-
Warijlani of the sixth century H.49 Up to the time of al-Barradi,
Ibadhi_   still discouraged the use of the Sunni collections of hadith.
In his   treatise, al-Haqga'iq, al-Barradi advised Ibadhi students as
far as    possible      not to read them. 50 Thus the Ibadhi legal system
was    derived       from the material reported by Ibadhi authorities only.
Throughout         its   history,     it   developed       within the    limits of that
material.         The     nature     of    the    Ibadhi     jurisprudence      can  be
understood         only    by    the     study    of   its    original   material   and
authorities,      and   the    circumstance        which      led to the foundation of
the Ibadhi movement ‘and directed its growth         SS SS
Ibadhis looked on the early period of the first two Caliphs as being
the ideal age after which innovations and worldly desires caused
the corruption on the Muslim community in religious and political
life.   Their aim was to keep to the example set by the Prophet, his
two successors and _ the upright Companions, and to re-establish
Muslim society on the same lines as the first Muslim community.
Accordingly       the    Ibadhis    chose     their sources among the
Companions and successors living at their time, and narrated
Traditions and ‘Athar only from those whom they regarded, from
their point of view, as good Muslims.
With regard to the Companions. Ibadhis subjected some of them
to criticism (al-Jarh). The lbadhi argument for this attitude is given
 by al-Warijlani in al-‘Adl wa al-'insaf. 51 Another special work was
 devoted to this subject, i.e. K. al-Takhsis of the Omani scholar,
Ahmad b. ‘Abdullah al-Nizwi (d.557 H). As for the successors and
their successors in turn, up to the time of the establishment of the
 different  schools of law, they were all affected by the civil war, and
 were either of Ali's party (Shi'ah) or supporters of Mu'awiyah and
 the ‘Umayyad         dynasty, or sympathisers with the Muhakkimah
 party;    each party patronising only its group and avoiding the
 others.52       This was how the Ibadhis categorised the Muslim
 community, carefully selecting their authorities from whom they
 received information about the Sunnah of the Prophet, and the
 ‘Athar of the Companions,             on which     they established their
jurisprudence.
The original material        of the   Ibadhi jurisprudence is preserved in
the following works:
 1)      Al-Jami’i' al-Sahih of al-Rabi' b. Habib
2)       Al-Mudawwanah         of Abu      Ghanim    Bishr  b. Ghanim   al-
Khurasani
3)       al-Diwan al-Ma'rud ‘Ala 'Ulama al-lbadhiyyah
4)    Aa         Dumam. 533 Composed by Abu Sas           ‘Abd al-Malik
b. Sufrah.
5)      Futya al-Rabi' b. Habib. 54
6)      K. Nikah al-shighar of ‘Abdullah b. ‘Abd al-'Aziz
7)      The books and the correspondence of the first two Imams of
the Ibadhi school, Jabir b. Zaid, and Abu 'Ubaidah Muslim. 55
Almost all subsequent Ibadhi works were based mainly on the
material preserved in the above mentioned works. Mss. Of these
works are still extant, but not academic study of them has ever
been conducted. Critical editions with a full academic examination
of these works will be of great value. It may be of some use here
to give brief notes on some of them, in the hope that subsequently
the task of a detailed study may be undertaken.
I)      Al-Mudawwanah by Abu Ghanim Bishr b. Ghanim al-
Khurasani:
There is certain evidence that the lbadhi 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 lbadhi 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 contentss of the Mudawwanah.           59 :
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 Sai’id
‘Abdullah b. 'Abd al-‘Aziz; Abu Ghassan Mukhallad b. al-'Amarrad;
Abu Aiyub Wai'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 Wai'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 iil b.
 Aiyub was from Hadramawt.64             He participated in the wars of
 ‘Abdullah b. Yahya al-Kindi in Yemen, and in establishing the
 lbadhi   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 | Tecorded ‘the “ Mudawwanah sas 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 | 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 “Mudavwanah               gives     a S         account ‘of the
development of the Ibadhi jurisprudence in its early times.
lbadhi      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. 72
 Il) Al-Diwan al-ma'rud ‘ala ‘Ulama' al-lbadhiyah:
 During my search in Jerba, | 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 (waaqf) 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 Mudawwanan.
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 iit: 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 | of 'Athar al-Rabi', (Riwayat Dumam) 76
2)        Part Il of Futya al-Rabi b. Habib/7
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-lmam. 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 | 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-Shurah 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-Atriyah
  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.
Ill) K. Nikah al-Shighar by Abu Sa’'id 'Abdullah b. 'Abd al-'Aziz:
This book is part of the previous Ms. It is possible that the book
was originally part of al-Diwan al-ma'rud and, being narrated from
‘Abdullah       b.    'Abd    al-'Aziz, it was ascribed to him as in the case of
K. Aqwal Qatadah. The book consists of four parts. Part three is
missing in the Ms. of Cairo, and in one of the Mss., of al-
Baruniyah.
The book is concerned with the subject of marriage, divorce, and
the legal problems connected with both. It concludes with the
following statement:
"This is the end of K. al-Nikah of the sayings of Ibn ‘Abd al-Aziz
from Abi Nuh Salih al-Dahhnan and Abi Ubaidahn Muslim b. Abi
Karimah with the 'Athar that are directed by analogy which does
not leave any doubt in the minds or be dubious to the people of
understanding.             It is called K.al-Shighar; and al-shighar means
that a man gives his daughter in marriage to another man in
exchange for the other's daughter without fixing any dowry (mahr).
If it is so, it is forbidden.” 80
Attached       to this      book     in the  same Mss. is K.al-Nikah of Jabir b.
Zaid. Both works provide the early and original Ibadhi opinions on
the subject of marriage, a subject on which Jabir b. Zaid, the
founder of the Ibadhi ‘school, was ; described ~ Ibn ‘Abbas aas "The
best authority.” 81
These above-mentioned works are the backbone                 of Ibadhi
jurisprudence in its first two centuries. They contain a clear and
detailed account of the efforts made by early Ibadhi scholars in
developing their school.
The present study of the nature of lbadhi school of law and the
 methods adopted by its founders is based mainly on those works,
 so a clear account can be given of pure Ibadhi views before the
 possibility of any direct contact between the Ibadhi school and
 other Islamic schools of law founded later.
 The role of Sunnah as the second source of jurisprudence has
 already been mentioned.           Individual judgement, or ra’'y is
 mentioned by Jabir b. Zaid on various occasions. There is much
 evidence that he had recourse to individuals judgement in
 delivering legal opinions. A number of Ibadhi and Sunni sources
 reported a statement of his concerning the recording of his
 opinions, which runs:
 "To God we belong!         They are writing down the opinions which|
  may change tomorrow." 82 Jabir also denied himself the right of
  individual judgement where the Companions had formulated their
 opinions.83    However, those quotations indicate that Jabir used
 his own ra'y when there was no opinions on the case reported
 from the Companions.         The precedence of opinions delivered by
 the Companions was a recognised principle among the Ibadhi
 authorities.    Jabir b. Zaid expressed this view in one of his letters
 as follows:
 “The juristic speculation (ra'y) of those who were       before   us is
 better than the opinion we hold.            Yet again the successor
 recognises the superiority of his ancestor. The most deserving
such a right are "the > emigrants who as                         the Prophet of
God (al-Muhajirun) and those who followed them in good-doings:
for they have witnessed and learned.                 It is our duty to follow in
their footsteps and follow their tracks." 84 More evidence can be
quoted to justify this attitude of Jabir. 85 When the Companions
differ between themselves, Jabir retains the right to choose from
their opinions which ever he prefers.              In such cases he usually
follows the opinion of his teacher Ibn 'Abbas.86
As for Abu 'Ubaidah Muslim                b. Abi Karimah, it is already
mentioned that          he accredited    the views of his school to the
Companions       ‘Abdullah b. Mas'ud, Abdullah b. Abbas and Abdullah
b. Sallam, all of whom he described as being "firmly rooted in
knowledge" 87 (al-rasikhuna        fi al-'ilm). He also stated that "those
who had intelligence and understanding would not be interested in
views    and opinions which emerged after the time of the
Companions;       it is the aim    only of those who became lax in their
worship    to be interested in what happened after the Companions."
88
Although Jabir b. Zaid disliked writing down his opinions for fear
that he might change them, he did not opposed using individual
judgement in forming legal opinion on matters which were not
dealt with    by    the Qur'an or Sunnah.       His successor Abu Ubaidah
discouraged the usage of ra'y in forming legal opinions. When he
was told that the people of Oman deliver legal opinions on the
basis of individual judgement, he commented, "They will never be
safe with cases of marriage and blood-shed." 89
The approved           method among early Ibadhi authorities on the
formulation of legal opinions was that the decision in any legal
case should be based in the first instance on the Qur'an; if there
was no ruling to be derived from the Qur'an recourse should be to
the   Sunnah;    if it was   not  dealt    with in the Sunnah, it should be
taken   from   the    consensus of the Companions (ijma’ al-Sahabah),
   <A KM                           IN \
and if the Companions differed among “themselves in . their
Opinions then the utmost care must be taken to choose the best of
the Companions’ opinions.            In any case, where there was no
previous decision on the question to be derived from the Qur'an,
Sunnah, or opinions of the Companions, the decision on the case
should then be derived from the opinions of the early authorities of
the Ibadhi school, and the soundest opinions must be followed. 90
 It is stated that ante-ceding opinions of Companions or early
authorities should not be abandoned.91 Early Ibadhi authorities
showed great concern to follow ante-ceding opinions when should.
 Even    ‘Abdullah b. Abd al-Aziz, wno was known for his fondness of
qiyas and individual judgement, stated on many occasions that he
would not use his personal judgement where a sound opinion from
his predecessors was reported. 92
After the first three decades of the second century H. Ibadhi
 opinions on most legal and religious questions were settled. This
 stage took place during the later years of Abu Ubaidah Muslim b.
 Abi Karimah. It is reported that the Nufusi scholar, Ibn Maghtir al-
 Jannawani, who studied under Abu Ubaidah Muslim in Basrah
 before the five "bearers of learning," (Hamalat al-'ilm), abstained
 from giving legal opinions on the arrival of the latter from Basrah.
  His reason for his attitude was that he had studied under Abu
  Ubaidah, before the latter had made up his mind about the
 different opinions he taught him, while the "bearers of learning"
 studied     under    Abu    Ubaidah   after    he  had   decided   the  final
 opinions. 93
 Among      the students of Abu Ubaidah, Abu al-Mu'arrij and Abdullah
 b. Abd    al-Aziz used to oppose the opinions of their teacher on
 grounds     of analogical reasoning.94      This attitude of the two Ibadhi
 scholars     aroused   their colleagues     against them.95      Before the
 split of the     Ibadhi school, whenever the students of Abu Ubaidah
 differed,    the opinions of al-Rabi' b. Habib were followed.96        Later,
both a               b. Abd al-Aziz and Abu al-Mu' arti i found followers in
the Nukkarite group, who adopted their views in jurisprudence. 97
In     spite of the disagreement between early Ibadhi authorities
concerning individual judgement and analogical reasoning, these
principles became part of the recognized methods of Ibadhi
jurisprudence or procedure. They strongly opposed reliance on the
teaching of a master (taqlid). It is a duty of those who attain the
required standard of knowledge to use their individual judgement.
Among       the   earliest  works   of the Ibadhis of North Africa in which
rules of Ijtinhad were assembled and clarified is K. al-Tuhaf of Abu
Rabi’ Sulaiman b. Yakhlaf al-Mazati.98 Speaking of the question
of     Ijtinad al-ra'y, Abu al-Rabi', after indicating the different views
on the opinions resulting from individual judgement, stated that the
Ibadhis      held that one opinion only can be right, but that if Muslims
did their utmost         to reach the right decision but failed, they would
be rewarded for their effort, and would not be blamed for an
incorrect decision.         The matters in which personal judgement is
allowed are those which were no dealt with the Qur'an or Sunnah,
or by previous authorities. 99 The person who is allowed to use
his personal judgement must possess            a full knowledge of Qur'an,
Sunnah,       and    opinions   of previous authorities; such a person has
the right to use personal judgement and formulate legal opinions,
and whoever denies him this right is ‘infidel-ingrate.'(Kafir).
 Unqualified persons may not use individual judgement and
whoever concedes them such a               right is 'infidel-ingrate.' If any
 person uses his individual judgement in cases dealt with in Qur'an
or Sunnah, or by the consensus of the Muslims, and opposed
them he had gone astray.100 Abu al-Rabi' Sulaiman b. Yakhlaf
concluded his notes on this subject with the following statements:
"Individual judgement (al-ra'y) is allowed to every learned man
 (‘Alim) at all times, and is forbidden to every ignorant man (Jahil)
 at all times."101
To   ‘badhis the doors to individual      iudgement (iitinad) have always
been wide open;        they have      never  been  locked at any stage for
qualified persons.
Regarding        disagreement on opinions resulting from personal
judgement      in cases related to Furu', Ibadhis maintained that only
one    opinion    can  be right, but Muslims are allowed to adopt other
opinions if they believe them to be right though, in fact, they are
not, as long as they have done their utmost to formulate the
correct opinion.102
This principle was later opposed by two Ibadhi scholars who
founded       groups of their own; Naffath b. Nasr, founder of Al-
Naffathiyah, and Ahmad b. Hussain, founder of al-Husainiyyah.
103 Their view was that only the right opinion was to be followed,
and those who followed by other opinions were sinners. 104 This
view of Naffath and Ibn al-Hussain was refuted by the rest of the
 Ibadhi scholars on the basis that disagreement on opinions
concerning cases of Furu' took place among the companions and
they held it lawful for everyone to keep to his own opinion
regardiess      of whether    it was the correct opinion or not, and they,
i.e. the Companions, did not condemn each other for it. 105
Analogical reasoning (qiyas) also took its place as a recognized
method among Ibadhi authorities for deriving legal opinions as
early   as   the   second  half    of the second century H.   It was largely
practised by the students of Abu Ubaidah, especially ‘Abdullah b.
Abd al-Aziz and Abu al-Mu'arrij. Although al-Rabi' b. Habib and
his party opposed giyas and were known for their strict adherence
to ‘athar,106 the method of analogical reasoning was later
recognized by all Ibadhis and was largely exercised.
Al-Warijlani mentioned that the Ibadhi scholars were familiar with
all kinds of qiyas, including ‘Istinsan (preference) which was
practised by Ibadhi authorities             in a number of cases.        The
importance of raly and giyas innthe       Ibadhieas was   SS          out
by al-Warijlani in al-'Ad! wa al-insaf. 108         It was a recognized
principle among Ibadhis that the Sunnah judges over Qur'an, and
ra'y judges over Sunnah.              The application of this principle
appeared in the rules and law as laid down by Ibadhi authorities
for the stage of secrecy (maslak al-kitman) of their community. 109
On grounds of analogical reasoning Ibadhis regarded the stage of
secrecy of their movement as identical with the corresponding
stage of the Prophet's life and the Muslim community during the
Meccan period. Therefore, they suspended all legal punishments
(hudud)    and   confined   their execution to the authority of the Imam
of the 'manifest state’. 110
Friday services were also suspended in places other than the
‘seven capitals’ (al-'amsar al-sub'ah).111 There is a disagreement
of opinion regarding jihad: some scholars allowed it and others
prohibited it. 112
The   death    penalty  other   than  by stoning (rajm) was valid during
both stages of secrecy and manifestation.              This punishment
covered the following: a) the apostate (al-murladd); b) the defamer
of Ibadhi views (al-Ta’'in fi al-din); c) blood offenders (al-junah);
and, d) those who rejected the authority of the shari'ah and
refused to restore the rights of other people, (mani‘u al-haqq); all
these    were to be killed either by whip or by weapon except for the
blood offenders; it was up to the next of kin to the condemned
(waliy al-dam) to decide how the punishment should be carried
out.
The unproven allegation of a wife's adultery (li'an), and the denial
of the paternity of a child, born by the wife accused of adultery
(l'an) by her husband, as a result of lian, was also suspended
during kitman.
As for the duty of ‘association’ (walayah), both ‘'walayah'’ with
 individuals (walayat al-'shakhs) and 'walayah' with the people of
the Capital (walayat al-baidah) were also suspended during
secrecy (kitman).
All these rules and laws which suspended many laws derived from
the Qur'an and Sunnah, were based only ra’'y and analogical
 reasoning.113      According to al-Warijlani, “All or most of the laws
 of secrecy (ahkam al-kitman) are based on 'preference’." 114
 SOME EXAMPLES FO THE DIFFERENCES BETWEEN IBADHI
SCHOOL AND OTHER ISLAMIC SCHOOLS IN LEGAL AND
 RELIGIOUS OPINIONS:
 Professor Schacht mentioned the fact that "the variants of
 Muhammadan law which are recognised by the ancient sects of
 Islam, the Kharijis and the Shiites, do not differ from the doctrine of
the Orthodox or Sunni schools of law more widely than these differ
from one another."115
 He also noticed that "the consequence of the ancient Khariji tenets
was obviously never part of a legal system recognised by the
Ibadhis....". He-further added, "Whereas the political history of the
Ibadhis goes back to the middle of the first century H., their law
was derived from the orthodox schools at a much alter date."117
The latter conclusion was undoubtedly a hasty one. The Ibadhis
did not adopt the ancient Khariji doctrine because they developed
their own doctrine removed from the Khariji groups who split from
the same origin of the old Muhakkimah party. They (the Ibadhis)
also did not derive their law from the orthodox Sunni schools
because their law was established before the Sunni school came
into existence. When Jabir bin Zaid, the founder of the Ibadhi
school    died   Malik bin Anas was about three years of age,118 and
Abu Hanifah, the Master of the Hanafi school, was about 12 years
of age.119       As for the similarity of opinions of all Islamic schools,
this is due to the same _ origins from which they all derived their
legal systems; Qur'an, Sunnah, and ijma.
When speaking about the sectarian legal system, Coulson pointed
out that the Kharijite law is a cohesive system with its own spirit
and character.120            He also followed Schacht's view concerning
the variants between the Ibadhi and Sunnite legal systems, stating
that "the great bulk of the Khariji law (this including Ibadhis) - and
certainly its basic tenets - can find adequate authority among the
Sunni jurists.'121
As   the   Ibadhis    have     derived     their legal system   from the same
sources     as  other     schools,    i.e.   Qur’an,  Sunnah,     and ijma, and
have used almost the same methods of juristic speculation in
formulating opinions which were not dealt with in the previous
sources, the differences which appeared between their legal
system     and   those     of other Islamic schools were limited to Furud.
The difference occurred in cases where lbadhis possessed
Traditions narrated by their authorities which the other schools did
not approve of and vice versa. It also resulted from the difference
Of opinion § in interpreting either of the two principle sources,
Qur’an or Sunnah
In the following pages a brief review of a number of outstanding
features of Ibadhi law is presented in order to illustrate the nature
and the extent of the divergence.
HI)      WIPING OVER SOES AS PART FO "WUDU"
i)       Al-Mas‘h     ala_    al-khuffain, (wiping over the shoes instead of
the   washing      of    the feet as part of wudu).           This question    is
discussed in detail by Schacht as a ata noir of difference
between the Shiites who rejected it and the Sunnis who,
opposition to them considered it as valid.122
The Ibadhis unanimously rejected al-mash ala al-khuffain. Jabir b.
Zaid argued, concerning this matter:        "How should | wipe, while
God orders us to wash the very limb?"123 i.e. the feet. Ibadhi
authorities held the view that the Tradition concerning al-mash ala
al-khuffain was repealed by the verse on wudu in the Surah of Al-
Maidah (the table): "O believers, when you stand up to pray wash
your face, and your hands up to the elbows, and wipe your heads,
and your feet up to the ankles."124 Among the Companions who
are reported by Ibadhis to have narrated the Tradition which
acknowledges     the  mash as valid, but who also maintained that it
was repealed, were: Ali b. Abi Talib, Abdullah b. Abbas, Bilal, Abu
Hurairah and Aishah.125_       It is also reported that Said b. Jubair,
who had told al-Hajjaj to perform mas’h, renounced his view and
claimed that he had said so because he was afraid of al-Hajjaj.126
 On the other hand, Ibadhis narrated a number of Athar rejecting
al-mash ala al-khuffain:
 it)    Abu Ubaidah from Jabir b. Zaid from Ibn Abbas, "! never
saw the Messenger of God wipe over his shoes."127
il)     Abu   Ubaidah   from Jabir b. Zaid from A'ishah that she said,
"| never    saw the Messenger of God wipe over his shows.       | would
prefer that the man should cut off his feet from the ankles or tear
the shoes rather than wipe over them."128
il)     Abu Ubaidah from Jabir b. Zaid from A'ishah, that she said,
"To force a_ knife on my feet is more desirable to me than to wipe
over them."129
i)       Abu. “Ubaidah. ‘from Jabir b. Zaid, =                   mp have ‘been
contemporary with a number of the Companions of the Prophet; |
asked them whether the Messenger of God used to wipe over his
shoes, they all said, "No" Jabir said, "How should a man wipe over
his shoes       while God      orders us in       His 'Book' to wash, (wudu)?"
Jabir     then    commented,         "God  knows     the truth about  what  our
adversaries (mukhalifuna) narrate in their Traditions."130
On    this point of al-mash ala al-khuffain, the Ibadhi opinion is
completely different from that of the Sunnis who allowed mash;
some during travelling and others during both residence and
travelling.      The Shiite school adopted the some opinion as the
lbadhis on this point.131
ll) | PRAYERS (AL-SALAT)
The main points of difference on this subject are three:
ti)      The first one is concerned with the recital of Qur’an in Zuhr
and    Asr (midday and afternoon) prayers. lbadhis held that only
the opening        chapter of the Qur’an (al-Fatihah) is to be recited in
both first two raka's and the second two. This opinion is ascribed
to Jabir b. Zaid.132           This attitude is supported by the fact that in
all silent parts of other prayers such as the third raka’h of sun-set
prayer (Maghrib), and the second two raka's of Isha prayers, only
the   opening      chapter    of    the Qur’an, al-Fatihah, is to be recited in
them and that every prayer, or part of prayer, in which only the
opening chapter is recited is silent whether they are night or day
prayers,     while    in Friday prayers and ldd (festival) prayers, though
they   are    day   prayers,     the recital   in them should be made aloud
because        of the recital of other chapters in them besides the
Fatinah.      As both Asr and Zuhr are silent prayers, they should be
subject    to the    same     rule.    So the lbadhis followed the opinion of
    <b      be     a 8. IN VaRSASSS
those who reject the recital of another surah apart from ‘the
Fatihah Zuhr and Asr prayers.133
i)       The second point of difference is Qunut (the imprecation
against political enemies during the ritual prayers).134 Sunni and
Shiite schools acknowledge its validity. As for Ibadhis, they reject
Qunut and hold that praying with the Imams who perform Qunut is
futile and those prayers should be offered agin.135 Amr b. Harim
is reported to have said, "Jabir b. Zaid was asked about Qunut in
the Fajr and Witr prayers; he said, 'It is an innovation invented by
people; it was not known during the life of the Prophet, he did not
perform Qunut in the Fajr              prayers,  nor did  his ‘successors
(Khulafauhu) after him.'"'136
 ii)     The third point      of difference is about prayers during travel
 (Salat al-safar). There is a number of items on which Ibadhis differ
from some or all other Sunni schools.
 b) | Shortening salat (Qasr) during journeys             is considered by
  lbadhis as Fard (obligatory); both Kufans and Hanafites adopted
 the same view. The Malikis held that Qasr on a journey is Sunnah.
 There are two more opinions on this matter; the first one is that
  qasr is a concession (rukhsah) but it is preferable to pray in full.
  The other opinion is that the shortening of prayers on journey is a
  matter   of choice.    Each of the above views is based on Traditions
  ascribed to the Prophet. 137
  b)      The   distance from which shortening of prayers begins to be
  operable:     Ibadhis,   together with some of the Kufans and Zahiris,
  maintained that it is two farsakhs, a distance equal to about six
  miles. This opinion is based on a Tradition reported from the
  Prophet on the authority of Anas b. Malik. The two Companions,
 Ali b. Abi Talib and Abdullah b. Abbas, maintained the same
  opinion. As for Malik, Shafii, and the Medinese, they held that the
  distance should be not less than four journeys (about one day
travelling).     Some of the ‘Kufans and Abu Hanifah held that it
 should not be less than three days, and they ascribed their opinion
 to Ibn Masud.138
 b)      The    time   after which    the ‘travelers’ should perform the full
 prayer:
 The Ibadhi opinion is that the ‘traveler’ should pray abbreviated
 prayers, even if he stays forever in the place to which he has
 journeyed,      unless     she adopted it as a homeland (watan) or,
 according to Abu Ubaidah Muslim b. Abi Karimah, he ownsa
 house in it. Both Malikis and Shafiis held that the ‘traveler’ should
 complete the prayer if he decided to stay for four days or more.
 Abu Hanifah and Sufyan al-Thawri held that he should complete
 the prayer if he decides to stay for fifteen days. Ibadhi opinion is
 based    on the practice of a number of the Companions, such as Ibn
 Umar     who     is   reported    to have   stayed   in Adharbaijan  for six
 months,    or,   according     to another   narration,  seventeen   months,
 praying short prayers. _ It is also reported from Ibrahim al-Nakhai
 that Aldamah b. Qais, the Companion of Ibn Mas’ud, stayed in
 Khuwarizm for two years praying short prayers, and that the
 Companion Sad b. Abi Waaqqas, with                a number of the Prophet's
 Companions, stayed in al-Qadisiyah for along time praying the
 shortened form of the prayers. Jitali pointed out that the cause of
 the   difference    in this   matter  was due to the fact that the Prophet
 did not fix a time limit for that.139
 Hl)      FASTING (AL-SAWM):
 The main point of difference on this subject is on the major ritual
 purity in relation to fasting. Ibadhis held that major ritual purity is
 necessary for fasting as it is for praying. Their attitude is base don
 the Traditions reported from both Abu Hurairah and al-Fadl b.
 Abbas that the Prophet said, "Whosoever gets up in the morning
in ‘the state of major ritual 1 impurity    has broken his fasting. "440
Ibadhis reported that their predecessors in this attitude were Abu
Hurairah, Tawus, Urwah b. al-Zubair, and Ibrahim al-Nakha’'i. All
other Islamic schools held that avoidance of major ritual impurity is
not necessary in the case of fasting, and to neglect it until morning
does not affect the fasting. Their attitude is based on Traditions
reported from A'ishah and Umm Salamah, that the Prophet got up
in the morning in a state of major ritual impurity caused by sexual
intercourse and not by adream, and he fasted.141 Accordingly,
they held that the neglect of the performance of major ritual
ablution during Ramadhan up to midday prayer (zuhr) does not
affect fasting, for it is necessary only for prayers and not for
fasting.
 lbadhis argued in support of their view that the sayings of the
Prophet overruled       his actions.     With regard to the traditions
reported from A’ishah and Umm Salamah concerning his action in
this case, it is possible that it was a special act for the Prophet, or
he had forgotten, or been asleep. But the traditions reported from
him, through Abu Hurairah and al-Fadl b. Abbas, show a clear
decision and do not leave room for any specualtion.     142
Another point which distinguishes the Ibadhi school in the matter
of fasting is the effect of moral (manawi) sins on fasting. They
held that all grave sins cause breaking of the fast. This view is
derived by analogical reasoning based on the tradition of the
 Prophet that slander (ghaibah) breaks both fasting and minor ritual
ablution (wudu).143 Accordingly, telling lies, calumny (namimah),
perjury and similar sins break the fast.144
Another point may be added here as a point of difference between
the Ibadhis and other Islamic schools. It concerns the discharge
(qada)   of days   not  fasted from the previous Ramadhan.        Ibadhis
held that compensatory fasting days to discharge those not fasted
in Ramadhan should be kept successively.             The other Islamic
 schools held ‘thatt succeeding days         ¢     are notASSES in such : a
 case,    and    the person       should fast the requite number of days
 regardless of whether he fasts them in succession or not.145
IV)       ZAKAT
With regard to Zakat there are two points:
 li)      Ibadhis treated cattle in the same way as camels. The
minimum (nisab) for zakat in cattle is as for camels;146 on five
cows,     one    sheep;    on    ten,    two sheep; on fifteen, three sheep; on
thirty six, one cow of two to three years (thaniyah); on forty six,
one cow five years old (rubaiyah); on sixty one, one cow six years
old, etc....      As for the Sunni schools, they held that the minimum
(nisab) for cattle is: On thirty cows, a year old calf, on forty, one
two year old cow, etc.... The latter opinion is based on a number
of Traditions reported from the Prophet concerning the minimum
(nisab) of zakat of cattle.147 Abu Ghanim asked Abu al-Mu’arrij
about the Tradition of Muadh reported by Sunni authorities in
Support of their views.               His answer was, "The opinion of our
authorities     from whom we learned and on whom we depend is that
the     Sunnah in the zakat of cattle is like the Sunnah in the zakat of
camels,     what is taken on camels is to be taken on cattle, and what
is done      in the case of camels is to be done in the case of cattle...
As    for the    Tradition    of Muadh,        God   knows   best about it. If we
knew that it was right we would adopt it, but our companions, Jabir
b. Zaid     and     Abu Ubaidah, did not take what you have mentioned
into account, and they head of it."148
Jitali, attempting       to explain       the reason for the difference and the
lbadhi    proof    for  their   attitude, said, "They (the Ibadhi authorities)
adopt this attitude         either by analogical reasoning, or on the basis
of some       traditions   unknown         to us."149   However, certain Sunni
collections of Hadith reported Traditions which          seem   to be the
basis of the (Ibadhi) opinion.150
ii)      The second point is concerned with the conduct of the
person to whom zakat should be given. The lbadhis stipulate that
the person should be in the state of (walayah). Accordingly, zakat
must be given only to (awliya); if there are no poor people among
these it must be given to the poor members of the Ibadhi
community, even if they are not in the state of walayah. But if
these also are not available, Ibadhis are then allowed to give their
zakat to the weak poor non-lbadhi Muslims who could do no harm
to the Ibadhis.151
il)      MARRIAGE
The point of difference here is about the case of the two parties
 guilty of unlawful intercourse.       Ibadhis held that such a relation
 constitutes a permanent impediment to marriage between the two
 guilty parties.    According to Ibn Khalfun, this doctrine is one of
 those which is agreed upon by al Ibadhi authorities.                Their
 predecessors (salaf) in this attitude are the Companions; Abdullah
 b. Mas’ud, A’ishah, al-Bara b. Azib, Ali b. Talib, Abu Hurairah, and
 Jabir b. Abdullah.        The two scholars of Basrah, al-Hassan b. Abi
 al-Hassan and Muhammad Db. Sirin held the same view.152 This
 attitude was also maintained by the ‘Twelve" Shites.153 Other
 Sunni schools held it lawful for the two parties guilty of unlawful
 sexual    intercourse   to marry  each   other, some with the condition
 that they repent and lead an upright life others unconditionally.
 In his treatise,    lbn   Khalfun presented    a detailed account of the
 question and the arguments of all parties. 154
ll)     INHERITANCE              _                                         ee
With    regard    to   a client    (mawla,),   all Ibadhi     scholars,   with   the
exception of Abu Nuh al-Dahhan, held that the property of a client
who _ had no relatives was to be inherited by his people and not by
his partron.155         If there were kinsfolk of the deceased client the
estate was to go to them, but if he had no heir belonging to his
tribe, the estate was to go the members of his race present in his
country at the day of his death, males and females receiving equal
shares.      If his parents were of different races, some Ibadhi
scholars held that his property should go to his father's people.
According to Abu al-Hawari, it should be divided into three shares,
two thirds of his father's people, and one third to his mother's. The
Shaikhs of Jabal Nufusah held that whoever of the client's people
arrived first should take the estate.156 The other Islamic schools
held   that    if  the    client    had   no   asabah,    his   patron who      had
manumitted him was his heir; if the patron was not alive, his
asabah_ should inherit the client's property, and if there were none
of the latter to be fond his property should go to the public treasury
(bait al-mal).157
Il)     PENAL LAW
The main distinguishing feature of the Ibadhi school, in this
respect, is the suspension of the fixed punishments (hudud), with
the exception of the death penalty (apart from death by stoning),
during secrecy (kitman).158 Apart from this peculiarity, two other
points may be mentioned here:
il)     Of all the      Islamic schools, the Ibadhis alone imposed fixed
measures     according       to which    fixed   sums   are    to be    paid   asa
compensation for inflicting bodily injuries less grave than al-
damiyah, when no amount is prescribed in the Sunnah. The other
Islamic schools left such cases to the decision of the hukumah
which estimates the penalty - namely by how much the injury in
question would reduce the value of a slave, which would then
determine |the percentage of the blood money y payable. 159. Ibadhi
scholars, in order to avoid any unjust decisions by the hukumah,
established a special measure for assessing the injuries and fixing
the sum which should be paid by way of compensation for them.
The unit for assessing the injuries is the rajibah, the end joint of
the thumb, i.e. about one inch. 160
il)      In case of qgisas, if aman is to be killed in retaliation for a
woman, half of the blood wit of the man should be paid back by the
waliy of the woman to the relatives of the man.161 This is also the
attitude of the "Twelve Shiis. 162
Apart     from    the    examples     given   above,   the  Ibadhis,   in many
aspects      of  their legal system, agree or disagree with one or more
of   the other Islamic school, otherwise there is not much difference
between the Ibadhis fiqh and Sunni figh in general. Although
Ibadhis in some points hold the same views as "Twelve" Shiites,
they also disagree with them over others. Mutah, for example, is
one of these points on which Ibadhis hold the same view as
 Sunnis and Zaidi branch of Shiites, while the "Twelve" Shiites
 consider it lawful.163
 However some of those points were discussed at an early stage,
 in the    Ibadhi    sources, such as the Mudawwanah           of Abu Ghanim.
 In a number of cases Abu Ghanim confronted his teachers with
 opinions of non-lbadhi scholars, but heir answer usually was,
 “There is nothing in what they say.               They told lies and were
 mistaken in narrating. We do not follow this narration. Our jurists
 do not acknowledge this narration, etc......164 without adducing
 any   arguments       in support   of their contentions.     In certain cases,
 such as the case of umm al-walad and the case of the mukatab,
their arguments and proofs were given in detail.165 The other
 Islamic scholars are referred to by the expression, "The jurists of
 our people."        Abu Ghanim, on hearing from Abu al-Mu’arrij in
 person that Abu Ubaidah said, “Each prayer in which the Fatihah
was     not recited is incomplete," said, "O, Abu al-Mu’arrij, this is the
 saying     of our people."       Abu   al-Mu’arrij said, “Your people say a
 great deal of truth, the Muslims            (i.e. lbadhis) did not contradict
them about their. correct opinions, but TM ‘contradicted them
 where they were mistaken and told lies.166
  lbadhis   always    considered      themselves     as the true Muslims, and
 their laws as _ the true religion of Islam, regarding their schools as
 the true representative of the authentic Sunnah and superior to
 other Islamic schools.            The modern Ibadhi Shaikh Muhammad
 Yusuf Atfaiyish expressed this view in the following words: "Our
 schools is correctness bearing the possibility of error, and the
 schools      of our adversaries are erroneous bearing he possibility of
 correctness."167
  However, this Ibadhi view of non-lbadhi schools of law did not
 prevent one of their outstanding scholars from introducing a new
 principle to Ibadhi jurisprudence stating that Ibadhi muftis are
 allowed to borrow laws from non-lbadhi schools in cases where
 there were no opinions reported from Ibadhi authorities.           168
1.        Macdonald, Development of Muslim theology, jurisprudence
 and constitutional theory, Beirut, 1965, 11.
1.        Schacht J., The origins of Muhammadan jurisprudence, 261
  1.      Loc. cit.
  1.      Ibid., 260
1.        Macdonald, op. cit., 116
6.        Abu Ubaidah Muslim, Masa’il, 37;Jitali, Sharh al-Nuniyah, |,
 47
/.        Al-Nawawi, Tahdhib al-'asma, editor R. Dozy, Cairo, n.d.,
  140
1.        See above
9.        Abu Nu'aim, Hilyah, Ill, 90
  10.     Wisyani, Siyar; Ms. 44 Shammakhi, Siyar,139 Cf. Ibn al-
 Saghir, 17. Where he denies that Abd al-Rahman had written any
 known      book.     See    also,   Motylinski,  "Bibliographie due     Mzab",
 Bulletin de Corres. Afric., 1885, 23-24.
 11.      A critical     edition of this Tafsir     is under    preparation   by
 ‘Addun      Balhaj    of Guerrara,      Mzab.   Cf al-Dhahabi, Muhammad
 Hussain, al-Tafsir wa al-mufassirun, Cairo, 1961, Il.
12. “Barradi, “Jawahir, 220-221. Elie Adib i                     his Political
theory and institution of the Khawarij, 68, ascribed this Tafsir to al-
Rabi’ b. Habib, but this is wrong.
13.      Barradi, Jawahir, 219. | was informed by Shaikh Bayoud
Ibrahim      Ben     Omar of Guerrara, Mzab that Mss. of his Tafsir of al-
salt b.Malik are extant in Mzab.
 14.     Abu 'Ubaidah, Mas'‘ail, 37; Jitali, Sharh al-Nuniyah, |, 47
 15. | Schacht, An introduction to Islamic Law, Oxford,1964,18
 16.       Jabirb. Zaid, Jawabat Jabir. My edition, Ms. No. 2,4
 17. — Ibid., No. 5, 14
 18.      Loc. cit
 19.       Jabirb. Zaid, K. al-Salat,5. See also, Bukhari, Tarikh, Il, |,
 204
 20.     Salim b. Dhakwan, Sirah, 221
 21.     Abu Ubaidah Muslim, Masa’il,15
 22.       Al-Diwan al-ma'rud: K. al-mumtani'in min al-hudud, Ms. 4
 23.     Abu Ubaidah, op. cit., 10. See also, Risalah fi al-zakat, Ms.
 Il
 24.     Abu Ghanim, Mudawwanah,            Ms. 400
 25.      Loc. cit.
 26.      Loc. cit.
  2/.     _Bisyani, Sirah, Ms. 25; Salimi, Hashiyat al-Jami' al-sahih, |,
  59
  28.       \bn Hajar, Tahdhib al-Tahdhib, Iil, 68; Lisan, Ill, 187
  29.       Al-Qutb, Sharh 'Aqgidat al-tawhid, 115
  30.      Dhahabi,Mizan_       al-I'tidal, Ill, 93;al-Khatib   al-Baghdadi,
  Taqrid     al-ilm,   editor Y. Eche, Damascus,     1949, 109; Ibn Khalfun,
  Ashsbah, Azmi, Studies in early Hadith literature, Beirut, 1968, 66,
  67,77
  31.      Ibn Sa'd, Tabaaat, VII, |, 31
  32.      Abu Zakariya’, Siyar, Ms. 30ff.
  33.      Hajji Knalifah, Kashf al-zunun, |, 781
  34.      It is possible that the two works of Jabir, K. al-Nikah and K.
  al-Salat, included in the Ms. of al-Diwan al-ma'rud, form part of
  Diwan Jabir mentioned here.
35.    a               Sivan 1 120
36.       Bid., 129
37.     Abu        Ubaidah, Masa'il, 23-24
38.          id., 24, Jitali, Sharh al-Nuniyah, |, 47
39.      Loc. cit
40.      Loc. cit
41.   | Abu Ubaidah, op. cit., 24
42.      _—Al-Diwan al-ma'rud: K. abwab al-buyu', Ms. 5
43.      Sulaiman b. Yakhlaf, Siyar, Lithog. Tunis, 1321 H., 91
44.      Wisyani, Siyar, 120
45.       Barradi, Jawahir, 220. Snammakhi, Siyar, 444
46.        Al-Rabi' b. Habib, Musnad, II, 103-104
47. = Ibid., 104, Salimi, Sharh al-Jami al-sahih, editor 'lzzuddin
al-Tanukhi, Damascus, 1963, Ill, 620-621. Azmi, Studies in early
Hadith., 304
48.      See for example al-Rabi', Musnad., |, 81, about the
question of qunut; and Abu Ghanim, Mudawwanah., 34, 119, 127
49.      Warijlani, Dalil., 35 b.
90.         Barradi, Risalah fi al-haqa'ig., Ms. 23
91.      Warijlani, al-'Adl wa al-insaf., Ms.11 85 ff.
52.        =‘Ibid., 87-88
93.      Cf. My ‘Description of New Ibadhi Mss.",Four,          Semitic
Studies, XV..1 68-69 |, 68-69.
94.      —‘Ibid., 68-69
95.      Ibid., 65-66,67-68
56.      Ibn Midad, Sifat ‘Asma’ al-'Ulama’., Ms. 28. He states that
Suhar al-'Abdi, the teacher of Abu Ubaidah Muslim, was from
Khurasan.
S/.     Abu Ghanim, Mudawwanah, Ms. 26; Ibn Midad, op. cit., 14.
Ilbadhi sources            also mention a _ certain Mahmud b. Nasr al-
Khurasani who recorded the Ibadhi doctrine from the students of
Abu Ubaidah.
58.      Wisyani, Siyar, 3; Shammakhi, Siyar, 228
59.      | have seen a number of Mss. of the Mudawwanah in Jerba,
Baruniyah.; Libya, Zwarah, the collection of Mustafa al-'Azzabi-
and      Mzab, “Binyizgin the collection of Muhammad Babanu. “There
is another copy in Dar al-Kutub, Cairo, Cf. Cairo Cat. The Ms. | am
using for this study was presented to me by the Omani scholar
Muhammad al-Salimi.                 He also gave me another copy of the
Mudawwanah__             with the commentary of al-Qutb. He also provided
me with a Ms. of K. al-‘istiqamah and Part Ill of K. Bayan al-shara".
60 al-Salimi, Abdullah, notes on the Mudawwanah.               Ms. | for
Qudam see:al -Barki, Mu'jam., Ill, 1052
61.lbn Sallam, Bad'ul-‘Islam., Ms. 47; Ibn Midad., Sifah., 14
61         Sufi, Abu Uthman, Su'alat., Ms. 70.; Ibn Sallam, op. cit., 44
62.       Abu Ghanim, Mudawwanah., 87
63         lbn Midad, Sifah., 29
 80.       Darjini, Tabaqat., 262-263.; Shammakhi, Siyar, 92, 105
 80.      Al-Kindi, Bayan al-Shara"., Ms. Ill,the page related to the
 question
 80.      Mudawwanah., 2
80.       Wisyani, Siyar., 3.Darjini, Tabagat., 303. Snammakhi,
 Siyar., 228
69.        Schacht, "Bibliotheque et manscrits Abadites," Rev.            Allt.,
 100 (1956).381, not 8.;Motylinski,            "Le manuscrit arabo-berbere de
 Zougha." 14Cong. Int. Or., 1905, Il, 4 section, 68-78.
 80.         Al-Diwan al-ma'rud., Ms. al-Baruniyah
 80.       Cf. Schacht, op. cit., 381
 80.       Wisyani, Siyar, 3
 80.       Cf. Cairo Cat.
 80.        For the biography of Qatadah see: al-Dnahabi, Tadhkirah.,
  !, 109
 80.        76,    77,     78,   79   Cf. My "Description of New Ibadhi Mss."
 Jour Semitic Stud., XV, I, 66-69
 80.       Abdullah b. Abd al-Aziz., Nikah al-Shigar., Ms. IV, 69
 80.        Abdullah b. Abd al-Aziz., Nikah al-Shigar., Ms IV 69
 80.        Ibn    Sa'd,     Tabagat.,    VIl 181  Ibn  Hazm,  Mulakhas., 64.;
 Warijlani, al-Dalil., 58 b.
 80.        See above 82-83
80.       Jabir b. Zaid, Jawabat., No. 17, 42
80.    = Ibid., No. 6 18., No. 16, 38
80.      Salimi, Hashiyat al-Jami al-sahih., |, 168
80.       Abu Ubaidah Muslim, Masa’il, 37
80. = Ibid., 10-11
80.       Abu al-Mu'thir al-salt b. Khamis, Sirah., Ms. 20
80.       Al-Diwan al-Ma'rud: K. al-mumtani'in min al-hudud, (bab al-
a’y ma'‘a Imam al-huda)., Ms.4-6
80.         Ibid., 6
80. = Ibid., 4, Il
80.       Baghturi, Siyar., Ms. 120.; Shammakhi, Siyar., 143
80.       Shammakhi, op. cit., 119-120.; Ibn Sallam, Bad'ul-'Islam.,
Ms. 47
80.       Shammakhi, op. cit., 119
80.        Ibn Sallam, op. cit., 47
80.       See below, 263
80.       Cf. My "Description of New Ibadhi Mss.", J.S.S., XV, |, 72
80.       Sulaiman b. Yakhlaf, Tuhaf., Ms. 28 a.
80.       Sulaiman b. Yakhlaf, Tuhaf., Ms. 28 b.
80.       Loc. cit.
80.       Loc. cit.; Warijlani, al-Adl., Ms. 1, 218.; lbn Khalfun,
Ajwibah
80.        For these groups see below, 272-281
 80.      Warijlani, op. cit., Il, 218-219
 80.       Ibid; Il, 222.: Sulaiman b. Yakhlaf, op. cit., 29 a-b. For more
 details      on the subject see: Warijlani, Dalil., Ms. 58 a-64 b.; Salimi,
 Sharh       Tal'at  al-shams.,    II, 279-280; Mashariq   anwar   al-'uqul.,
 Cairo, 1314 H., 71 ff.
 80.      Anonymous,        Dhikr 'asma; ba'd Shuyukh        al-Wahbiyah.,
 Lithog with the Siyar of al-Shammaknhi, 590.
 80.      Warijlani, ‘Adl., Ms. Ill, 42-43
 80. = Ibid., Ill, 1-17; Dalil., 64a
 80.      Warijlani, ‘Adl., ll, 293 ff.
 80. = Ibid., 11,293
 80.       Ibid,294
   <ZLLIIES:                        IN VQ RSS.
80.      Loc., cit.
113.     Warijlani, op. cit., Il, 295-297
114.       Ibid., Il, 295
115.     Schacht, Origins of Muhammadan jurisprudence., 261
116.     Loc. cit.
117.      Loc. cit.
118.     Jabir died on 93H. and Malik was born on the date between
90-97H. Cf, Abu Zahrah, Malik., second edition, Cairo, 1952, 24
 119.    Abu Hanifah was born about 81/700. Cf. Muhammad             Abu
Zahrah, Abu Hanifah., 2nd edition, Cairo, 1955, 12
 120.     Coulson, A history of Islamic law., 109
 121.     Loc. cit.
 122.     Schacht, Origins., 263-237
 123.     Ibn Khalfun, Ajwibah., 39.; Salimi, Hashiyat al-jami' al-sahih,
 | 177-179
 124.     Quran: V.6
 125.     Ibn Khalfun, op. cit., 39. Abu Ghanim, Mudawwananh., 17-
 18: Jitali, Qawa'id, Ms. 67.
 126.     Ibn Khalfun, Ajwibah., 39
 127.     Al-Rabi' b. Habib, Musnad., |, 36
 128.     Loc. cit.
 129.     Ibid., |, 36-37
 130.      Ibid., |, 36
 131.     Schacht, The Origins., 263.; Imam Zaid b. Ali, Musnad., 80-
 82
 132.     Jabir b. Zaid, K. al-Salat., Ms.3
  133.    Jitali, Qawa’id., Ms. 119-120.; Ali Mu'ammar, Ajwibah wa
 fatawa., (Libya, Nalut, 1970), 18-23
 134.      Schacht, Origins., 267 ff.
 135.      Shammakhi, Siyar., 91-92
 136.      Jabir K. al-Salat., 5-6; al-Rabi' b. Habib, Musnad., |, 81.,
 Abu Ghanim, Mudawwanah., 26
 137.      Jitali, Qawa'id, 111-112
 138.      Ibid., 112
  139.   Ibid., 113-114; Abu Ghanim, Mudawwanah., 26.                For more
 details about the subject see: Ali Mu'ammar, Ahkam al-Safar fi al-
 ‘Islam., Beirut, 1966
 140.    Al-Rabi' b. Habib, Musnad., |, 84-85
 141.    Malik, Muwatta’, |, 213; Bukhari, Sahih, |, 249; Muslim,
 sahih, Ill, 137-38.
 142.    Abu Ghanim, Mudawwanah., 71: Jitali, Qawa'id, 196
 143.    Al-Rabi' b. Habib, Musnad., |, 33, 85
 144.    Jitali, op. cit., 198; Jannawani, al-Wad'., 156
 145.    Jitali, op. cit., 206
 146.    Ibid., 164
 147.    Zaila'l, Nasb al-rayah., (1938/1357), Il, 346-353
 148.    Abu Ghanim, Mudawwanah., 68-69
 149.    Jitali, Qawa’'id., 164
 150.    Zaila'l, Nasb al-rayah., Il, 347-348
 151.    Jitali, Qawa'id., 180; Abu Sakin al-Shammakhi, ‘Idah., Ms.
 ll, 46
 152.    Ibn Khalfun, Ajwibah., 9
 153.    Schacht, The Origins., 268
 154.    Ibn Khalfun, Ajwibah., 9-14
 155.    Abu Ghanim, Mudawwanah., 337
 156.    Salimi, Sharh al-Jami' al-sahih., III, 441; Jitali, Fara'id., Ms.
 12b, 13a.
 157.    Schacht, An Introduction., 170
 158.    Cf. Above, 172-174.: and below; 412
 159.    Schacht, op. cit., 186                                               |
160.     For full details see: ‘Abd al-Aziz al-Thamini, al-Nil., editor
Bakkalli Abd al-Rahman_ b. Umar, Algiers 1969, III, 980-987, and
the notes pp. 981-982, 987-90
161.     Abu    Ja'far   Muhammad       b. Ja'far, al-Jami',    Ms. part on al-
diyat., 23; Sharh al-Jami' al-sahih., Ill, 432                      -
162.     Shawkhani,        Nail al-awtar., Vil, 16-17;     al-Kullini,  al-Kafi.,
Vil, 298-300; Schacht, Art., “Qisas,” E.|.
163.     Schacht, Origins., 264
  LAS. 1                     IN Va SSS.
164.   Abu Ghanim, Mudawwanah., 5, 50, 93, 116, 117, 119, 127,
134,195, 198,364, etc.
165.   Ibid., 198, 211-212
166. Ibid.,12
167. Al-Qutb, Sharh al-Nil., X, 323.
168. Extracts from Rawdat al-'ishrag of al-Talati, Ms. 2 He stated
       that this opinion was given by Abu Sittah in his Hawashi of
       Tartib al-Musnad. (This      latter work of Abu Sittah was
       published in Zanzibar, but | was not able to consult it either
       in print or in Ms. )
 CHAPTER V
 IBADHI THEOLOGY.
 Contrary to Ibadhi jurisprudence, Ibadhi theology attracted the
 attention of European scholars. their attention was drawn to the
 Study of Ibadhi theology by Masqueray in his notes on the
 translation he made of the Siyar of Abu Zakariya Al-Warijlani(,
 and also by A. de C. Motylinski, who introduced a French
 translation of the Ibadhi creed of ‘Amr b. Jumai to the Fourteenth
 Congress of the Orientalists in Algiers in the year 19052.
 Both    scholars,    Goldziher and Nalline, noticed and pointed out the
Similarity    of attitudes    and views between Ibadhis and Mu'tazilites
on    certain   matters,   and    suggested     that the similarity was due to
the    Mu'tazili influence on Ibadhi theology’.             When discussing
some      of these points, William Thomson, correctly, pointed out that
they     agitated Kharijite circles at a fairly early period, and that they
were     not of Mu'tazili origin, and he suggested that they may have
arisen naturally among the Kharijites (this including Ibadhis)4.
The      publication    of   original  lbadhi     sources    by   al-Baruniyah
lithographic      press    provided    new    material   on   the  subject and
encouraged further contributions,             in the year 1936, a French
translation of two chapters from K. al Dalil wa-'l'burhan of al-
Warijlani was made by |.S. Allouche. later, in the year 1949, Mario
Moreno tried to present a clearer account of Ibadhi theology based
mainly on the works          of the modern 'Omani scholar ‘Abdullah b.
Humaid al-Salimi (d.         1332H.)     and other works published by al-
Baruniyah?.        Six years ago, A comparative study of the Ibadhi
creed     of Abu Zakariya al-Jannawani and its relation to other Sunni
reeds     accompanied by an Italian translation of the Agidah of Abu
Zakariya appeared®.
To evaluate the views formed by European scholars ¢ on 1 Ibadhi
theology, especially those of Goldziher and Nallino, one should
start the study of lIbadhi theology from the early stage of the
movement, and trace the development of its tenet in order to
define and distinguish from the other schisms the stand-point of
the Ibadhi school.
 In the following pages, | propose to study the development of
 Ibadhi theology from its early stages, giving a clear account of the
 problems which arose then. this will be followed by a study of the
 sub-divisions of the Ibadhi movement which came about through
 differences on theological grounds and a general review of Ibadhi
 works on theology.      Finally, a brief comparative study of Ibadhi
 theological views as contrasted with the views of other Islamic
 schisms on basic issues will be made.
 The Qur’an was the fundamental source of Islamic theology”. The
 Companions who appointed themselves to teach the Qur’an and
 its interpretation to the Muslims may be taken as the first class of
 Muslim theologians. Their discussion of the theological problems
 which were dealt with in the Quern, or arose out of Quranic
 expressions, were based mainly on Traditions which they heard
 from the Prophet, or reported on an authority remounting to the
 Prophet.
 With regard to Ibadhis, their first Imam and the founder of their
 school, Jabir b. Zaid, acquired his views from a large number of
 the Companions, especially lbn Abbas, the Companion from whom
 the bulk of information on Tafsir was narrated8.         This highly
 significant fact  is an  indication of the soundness   of the Ibadhi
 views     concerning theological questions connected with the
 Qur’an.      Most of these views were recorded in the Ibadhi
 collection of Hadith, entitled Musnad al-Rabi b. HabibY.
Another fact j is that. ‘the Ibadhi movement Sas as a intellectual
  movement. Its activities, which were carried out in secret, enabled
 its leaders, who were observing closely and carefully the religious
 and   political   development       of the   Muslim    community, to develop
 naturally their views on different topics.
 The theological problems to appear early in Ibadhi sources can be
 categorised into three groups:
 i)    Problems concerned with God.
 Mi)   Problems concerned with the relation between Man and God.
 iii)  Problems concerning the relation between man and man.
 |)    Under     the   first     heading comes the question of tashbih,
       anthropomorphism,            which    arose     out of     the Quranic
       expressions applying to God physical description borrowed
       from the human body19. This question was later studied as
       an item within the principle of Unity (al-Tawhid) in the Ibadhi
       creed.       However, early Ibadhi austerities reported and
       maintained the interpretation of expressions of this nature
       from the Companions.             The following are some examples of
       the exegesis reported on such verses:
 Qabdah      (handful), which figures in the following verse, "The Earth
 altogether shall be His ‘handful’ on the day of Resurrection"?             1:
 here, qabdah is explained as power andrule. Jabir b. Zaid said
that Ibn Abbas declared polytheists whose who thought that the
‘handful’     (yaqbidu)      and    outspreads,    "12    meaning gives and
forbids.    He said also in the Verse of the Shadow,           "Thereafter We
seize it to Ourselves, drawing it gently."13 Then Ibn Abbas cited
some     examples     of gabdah        meaning protection and ownership in
Arabic14.
Al-yad_ (hand) | is5 also explained ¢ as ; God's p power and rule itin1 verses
such as: iii, 73; xIviii, 88; »oovi, 83, etc.15 The hands of God in
surah v, 64 are explained as rizq, sustenance1§. In surah xviii,
40, the hand is interpreted also as reward and favour from God17.
In  surah Ixvi, 45, the right hand (al-yamin) is interpreted as power,
and   in suras:      xxvi, 71, and x«viil, 75, is explained as order, and
power, and so on!8.               This method was           also applied to similar
terms which figure in the Qur’an, as follows:
 a)   The    eye (‘ayn), in suras xx, 39, xi, 37; xxiii, 27; lii, 48; and liv,
       14, means knowledge and protection19.
 b)   The light (nur) in the surah xxiv, 35, means that He is the Just
       One (‘adl) of Heavens and Earth, and the Guide of the
       inhabitants of heavens and earth29.
       The face (wajh) of God means God Himself21.
      The     leg      (al-saq)in      surah    Ixviii, 42,    means    the  great
       disaster.22 <2            ¥!
       The   soul     (al-nafs)     ascribed   to God     in surah v, 116, means
       knowledge2s.
       The coming of God with the angels on the day of resurrection
       in   surah      Ixxxix,  22,    was   explained    as   the  coming  of  His
       order24,
 9)    Allah's    sitting on the        throne (istiwa' ‘ala al-‘arsh) means His
       rule over the Universe29.
The v vision ‘(al Ru’yah):
Under    the first group      of theological problems which appeared at
an early stage in Ibadhi theology is the question of al-ru'yah'. This
problem        is   closely     connected      with    the   question   of
anthropomorphism (tashbih).            Ibadhis maintained that God is not
to be seen either in this World or in the World to Come. Two
Traditions traced back to the Prophet were reported in Musnad al-
Rabi, asserting this new. The first Tradition is reported via Masruq
from   A'ishah    that she    said,  "He who     says that Muhammad has
seen his Lord has committed a great forgery'26.                The second
Tradition is reported       from Muhammad al-Shaibani, viz., that the
Apostle of God was          asked, "Can you see your Lord?" He said,
"Glory be to Allah, how shall! see Him?"2’. As for the Quranic
verses which give the impression that God shall be seen, lbadhis
used the allegorical method (ta'wil) and interpreted them in a way
which did not contradict with their view.
The term nazirah in surah Ixxv, 23, "Upon that day faces shall be
radiant, gazing upon their Lord." Here the work gazing, (nazirah),
was explained as waiting the permission from their Lord to enter
Paradise. This interpretation was reported from both Companions,
‘Ali b. Abi Talib and Ibn 'Abbas28. The question of vision is fully
discussed in Musnad al-Rabi b. Habib29.
The ‘athar which are reported in the Ibadhi collection of traditions
show     clearly that anthropomorphism (tashbih) was_ strongly
opposed by the Companions. It is reported that both lbn Mas’ud
and Abdullah b. Umar were shocked on hearing the Muslims of
Syria saying that God climbed the heaven from Bait al-Maaqdis,
and He put His foot on the rock (al-sakhrah)99. it is also believed
that the Jews were behind these anthropomorphic views?1. Ibn
Mas’ud     said,  "Do    not ask the people of the Book about anything,
for they will never guide you while they are astray"32.
Under the title, "The sunnah in glorification of God,"3 a large
number        of Traditions         were      reported,    all expressing dean
thropomorphic views of God.                     Among     the Companions from
whom       these Traditions were reported were Umar b. al-Khattab, All
b. Abi Talib, Abdullah b. Abbas, Abdullah b. Mas’ud, and Abdullah
b. Umar.         Among the followers apart from Jabir.b. Zaid the Ibadhi
Imam,      there   were     Mujahid,     al-Hasan    al-Basri, Said b. Jubair, al-
Dahhak and others.
The method of allegorical interpretation of anthropomorphistic
 expressions in the Qur’an was also adopted by the Mu'tazilites.
 However, it is clear that this method was based on Traditions of
the Prophet and the nature of the Arabic language, which allowed
 such interpretations. In many cases other verses from the Qur’an
were cited to counter anthropomorphistic interpretations from
 Quranic contexts where the expressions in question were used in
clear unequivocal senses that supported the interpretations Ibadhi
theologians wished to make.
 Concerning the questions of God being or not being in a place, i.e.
 being on the Throne or coming with the Angels on the Day of
 Resurrection,       etc.,    Jabir   b.    Zaid   reported    from Ibn   Abbas      a
 detailed discussion          on the question rejecting all anthropomorphic
 forms      based     on    a number       of Quranic     verses34.     Ibn   Abbas
 concluded his argument with the following statement:
 "It (the Qur’an) informed us that there is no place in the high
 heavens and the lowest earths vacated by Him. They must not
follow parts of the Qur’an neglecting others, for each proves the
 correctness of each other. He is sitting on the throne, is witness
 over everything and encompasses everything without formation
 (takyif),        limitation,        (tahdid),        resemblance          (tamthil),
 anthropomorphism (tashbih) or imagination (tawhim)'"39.
 Among the early problems connected with the question of tashbih
 is God's friendship towards the Muslims.             As this doctrine was
 concerned with the conduct of the Muslim who would not deserve
 God's     friendship unless he was a good Muslim, some Ibadhi
 scholars held that God's friendship changes according to the state
 of the person.       Most Ibadhi scholars, however, held that God's
friendship is immutable36.
As a result of their opposition to any sort of anthropomorphism,
 Ibadhis maintained that the so-called attributes of God are of His
essence and there is nothing but He. 37.
The      allegorical     method      which    was   used for interpreting
anthropomorphic expressions in the Qur’an was also used for
matters     connected      with  the  Last Day, such as ‘the scale’ (mizan)
and 'the bridge’ (sirat)38.
 iD)     Problems      concerned with the relation between God and
Man.
Under this second group come two main questions; the question of
divine      decree (qadar), and the question of free will and
predestination. Here also the Traditions reported from the Prophet
were the basis           of the Ibadhis attitude to the problems. The
following are some of the Traditions reported in the Ibadhi
collection of Hadith concerning divine decree (qadar):
1)     The    Apostle   of God said "| declare myself before God quit of
       the    Qadarites,      | declare    myself before  God   quit of the
       Murjiites, as God and His Apostles acquitted them'S9.
2)    "The Qadarites are the Magians of the community. Do not
      visit them when they are ailing, nor pray over them when they
      are dead'"40.
   S/CLUVES: IN VaRSSSSS.
3)  "Two groups of my community (ummah), will not enjoy my
    intercession on the day of Resurrection, God accursed them
    by the works of seventy Prophets before me." They said,
    "Who are they, O Apostle of God?" He said, "The Qadarites
    and the Murjiites.".           They said, "Who are the Murjiites?" He
    said, "Those who say that faith is sayings without deeds, and
    the Qadarites are those who commit sins and say it isa
    compulsion          from    God,     for  if   God    willed,  we   would    not
    associate any thing with Him, nor would we commit sins"41.
4)  "There would          not be an infidelity, (Kufr), without dis-belief in
    the divine decree (qadar) being its key"42.
9)  "The first thing         God     created    was   the   Pen.    He   said to it,
    ‘Write’.       It said,   'What     shall  | write?’    He said, 'Write down
    what     is fated (al-qadar)', so it wrote all that would take place
    up to the Day of Judgement''43.
6)  When       the    sperm    falls   into the   womb,      God   reveals    tothe
    angel of the wombs that he should write. He says, 'O Lord,
    what shall | write?' He says, 'Write happy or unhappy with his
    deeds, and write down the trace                         to be made by him
    (atharahu), his work, his term of life, and his sustenance'"44.
7)  "Jabir b. Zaid said, 'lbn Abbas was asked about him who says
    that he can perform what God ordered and refrain from what
    God forbade him without God creating his actions. He said,
    ‘Suraqah b. Jasham asked the Apostle of God?                           Isitina
    thing of fresh start or in a previously decided thing?" he said,
    ‘Nay, but in a previously decided thing.’ Suraqah again said,
    ‘What is the work for then, O Apostle of God?’ He said,
    'Work,      for     everyone      is guided     to that for which      he   was
    created'"45.
 The first six Traditions are reported in mursal form: they were all
 reported by Jabir b. Zaid from the Prophet. The Companion is
 missing      from     the    isnad    in    the    Ibadhi  collection.     But these
 Traditions     were      reported    by uninterrupted chains           in the Sunni
 collections.46         al-Rabi b. Habib, after reporting those Traditions,
 commented,          “These      Traditions      indicate that God        created   the
 actions    of   man, and man does not perform them on his own apart
 from   God.       He has decided them and knows to what end man will
 come'"'47_
 The view that Man creates his own actions had already appeared
 in Basrah. A certain Ma'bad al-Juhani was the first to institute the
 discussion      on    qadar    there48.      This view was also propagated by
 his  student Ghailan al_Dimashgi.               it seems that this view found its
way into the          Ibadhi circles in Basrah and other places.                  it is
 reported that        discussions on the question took place between
 Ghailan     and     the second Ibadhi Imam, Abu Ubaidah Muslim b. Abi
 Karimah49.         However, some Ibadhis adopted the Qadarites' views
but they were strongly opposed by Abu Ubaidah. Ibadhi sources
named among those who adopted the Qadarites' views, Hamzah
al-Kufi, al-Harith al-lbadhi and Atiyah, the latter from Khurasan.
Abu Ubaidah refuted their views and told Hamzah that he
disagreed with Ghailan for his similar views.                       Hamzah and his
colleagues were ostracised by the Ibadhis and were prevented
from attending Ibadhi sessions (majalis)°9.
The question of qadar.                ‘divine decree’ was one of the main
questions on which arguments and discussions took place
between Ibadhis and their opponents, first the Qadarites, and later
the Mu'tazilites.            Those arguments existed even before Abu
Ubaidah. Abu Sufyan Mahbub b. al-Rahil said, "Suhar al-Abdi, the
teacher      of   Abu      Ubaidah,       used     to   say   ‘Argue     with  people
(Qadarites)      about the knowledge of God (al-ilm).              If they accede to
you,   they   are defeated,  and if they refuse to accede |to you,1, they
become infidels"9".
Abu Ubaidah himself used to discuss this question of ‘decree’
following the same method as was laid down by his teacher Suhar.
It is reported that aman came to Abu Ubaidah and talked to him
about    qadar.    Abu  Ubaidah   said   to him, 'Did   God    know  what
people will do, or to what end they will come before he created
them?"        The man_ said, "How quickly you sought help from
 ‘knowledge’ O, Abu Ubaidah, these are the arguments of the weak
 people." Abu Ubaidah said, "Pass beyond this weakness first,"
 and the man gave no answer and each one went his way”.
 It is also reported that a Mu'tazili called Ibn al-Shaikh al-Basri,
while performing the sa'y while on pilgrimage in Mecca, asked Abu
 Ubaidah, "Are you one who claims that God is disobeyed against
 His will"93,
 lt appears that the early Ibadhi authorities regarded the question
 of ‘divine decree’ (qadar) as of less importance compared with the
 attitudes of the Kharijites who brought about serious innovations
 regarding their relations to the Muslim community, and the tyrant
 rulers who administered laws other than what is revealed by God.
 The Ibadhi authority, Abu Sufyan Mahbub said, "Abu Ubaidah
 Muslim b. Abi Karimah used to weaken the question of ‘divine
 decree'(52-i) 5d (4. Laas    (LS), and say, 'By God, it is not like
 marrying a married woman            (captured in wars against fellow
 Muslims), or regarding migration as an obligatory duty, or ruling by
 laws other than what is revealed by God.             But it is an opinion
 which was brought about by people, whosoever admitted that God
 knew of things before they come into existence has acknowledge
 the ‘divine decree""4.
The other question was the ‘problem ofSENOS                       and free will
(al-Jabr wa_ al-ikhtiyar). lbadhi sources preserved views ascribed
to Abu      Ubaidah           Muslim b. Abi Karimah concerning this question.
His attitude was not one of a clear acknowledgement of free will or
predestination. Abu Sufyan said, "Abu Ubaidah and Ibn al-Shaikh
al-Basri      met at Mina.         lbn al-Shaikh asked Abu Ubaidah, 'Has God
compelled anyone to obedience (ta’ah) or to disobedience
(ma'siyah)?"            Abu Ubaidah said, 'l do not maintain that God has
compelled anyone to obedience or disobedience. If | have to say
anything in this matter, | would say that God predestined that the
people of piety (taqwa) by greatly frightening and intimidating
them.’       In another version, "with the great reward He showed to
them.’ Ibn al-Shaikh said, 'Is it the ‘knowledge’ of God that led
them to act with disobedience?’ Abu Ubaidah said, 'God forbid,|
did not say so, but their spirits tempted them, and Satan has
decked       out     fair    their deeds to them, and so they acted according
to what God knew" 9.
 It is also reported that Abu Ubaidah was asked whether the infidel
 has the capacity to become a Muslim while he is an infidel? He
said, "I do not say that he who can bring a bundle of firewood from
a profane territory to asacred enclave°S cannot pray two rak'as,
 and | do not say that he is capable of doing so unless he is guided
 and helped by God'?’.                  Abu Ubaidah's opinion on free will is
expressed          as follows:       "God has ordered people to obedience, He
 liked   it and decked it out.          Whosoever acted according to it, that is
with the knowledge of God, and He favoured him"98. This opinion
 of Abu Ubaidah formed the basis of the Ibadhi view of 'acquisition’
 (iktisab),     i.e.      the   deeds    are God's  by creation and  man's    by
 acquisition?Y.
 It seems that the opinion of the early lIbadhi scholars on this
 problem was not sufficiently clear and determined for there was a
 conflict of opinion on this matter between the Ibadhis of Jabal
Nufusah and the Ibadhisis of Aftigiyah, i i.e. Tunisia and“d Algeria ‘The
latter held that man is free in acquiring his acts’ 60, while the
Nufusis believed in Jabl, i.e. being created with natural disposition
to do what God 'knows' of one's actions®1. However, all Ibadhis of
 North Africa, apart from this question of jabli and ikhtiyar,
 acknowledged ‘acquisition’ (iktisab).                 Jitali, in Sharh al-Nuniyah,
tried to explain the word jabl in a way which distinguishes it from
the word jabr, which means compulsion and does not leave any
way      open for acquisition®2.              According to Nufusi scholars, no
 opinions were reported on this question from the early Ibadhi
 Imams of Basrah, or from their students, the 'bearers of learning,’
 or even from the Rustumid Imams©3.                       However, the idea of jab!
 has    disappeared from Ibadhi writings of Nufusah since the time of
Abu     Sakin    ‘Amir     b. Ali al-Shammakhi, a contemporary of al-Jitali,
who expressed in his 'Agidah, al-Diyanat, the view that people
 ‘acquire’ and perform their actions and they are not compelled to
them®4.
 iii) Problems concerning the relation between man and man
The    relations     between       Muslims      and non-Muslims was defined in
the     Qur’an.      The Qur’an          mentioned three different groups          of
people,     the Polytheists,         the   People    of the Book, and hypocrites.
As for the two         first groups, relations of the Muslims with each
group in terms         of war and peace were made clear in the Qur’an
and were observed by the Prophet. The civil wars among Muslims
brought about new problems to the Muslim community. These
wars started when ‘Uthman b. Affan was killed by fellow Muslims,
and continued between 'Ali the fourth Caliph on one side, and
Talhan      and     al-Zubair       on    the   other,     then    between  ‘Ali and
Mu'awiyah, as also between 'Ali and the people of al-Nahr. During
these wars, each group was claiming the justification of fighting
the   other    on   religious     terms,     each group with its own arguments
 and proofs.          information about this period is very confused, and a
  lot of it may have been so formulated later as to support the claims
 of each      of the conflicting groups.        Ibadhi authorities reported five
 detergent attitudes          held    by Companions concerning the question
 of Uthman.
 a)      Those who held that Uthman deserves to be killed by
         Muslims for his innovations. The Muslims tried for six years
         to make him change them, and keep to the path of his
         predecessors or resign.            Whenhe refused to agree to them
         they killed him.         His blood was lawful for being unjust and
         insolent.       They called him tyrant (ja'ir), profligate (fasiq),
         unjust    (Zalim),   and _ infidelingrate’ (kafir kufr ni'mah). Among
         this group were the Companions, Abdullah b. Mas’ud, Ammar
         6b Yasir,     Abu Dharr al-Ghifari, Abd al-Rahman b. Awf, Amr b.
         Muhammad         b. Maslamah, and Zaid b. Thabit, and most of the
         Ansar.
 b)      Those who held that the question of civil war (fitnah) among
        the Companions was a matter of personal judgement (ijtinad)
         he who was correct is to be rewarded, and he who was wrong
         is to be excused.            Some even say that both sides were
        correct. This latter opinion is ascribed to Ali b. Abi Talib.
        Those who say that Uthman had repented for his innovations,
        and that he was killed after he had repented, therefore his
        Opponents        were     wrong.      This   was   the   opinion  of the
        Companions Talhah, al-Zubair and A’ishah.
d)      Those who reserved their opinion on the civil war and refused
        to take part in it and they were in doubt about the whole
        situation.      Among these were Sa'd b. Abi Waqaas, Abdullah
        b. Umar, Muhammad            b. Maslamah and others.
e)     Finally, the attitude of Mu'awiyah and Amr b. al-As who held
       that Uthman was right all the way and claimed revenge for his
       death®95.
However, the civil wars left their stamp on Islamic history up to our
own time.         The political, intellectual, and religious life of the
Muslims was coloured with those early opinions formed by
different groups and authorities.           Apart from Ali's party which
developed as the Shiite school, and the supporters of Mu'awiyah,
there was the third party which refused the leadership of both men
and was massacred by both men - at al-Nahrawan by Ali, and
afterwards at a al-Nukhailanh by Mu'awiyah.                 They were in Ali's
Army but when he accepted arbitration they broke away from him
for leaving the judgement of the Qur’an to the judgement of men.
As their previous        Imam Ali b. Abi     Talib gave up his right to the
Imamate by accepting arbitration, they decided to elect anew
Imam, and for the first time a non-Qurashite leader was elected as
Amir al-mu'minin.         The Azdi Companion Abdullah b. Wabhb al-
 Rasibi was elected         and he led his men in the battle against Alli b.
Abi Talib, and the whole Army of Abdullah b. Wahb consisting of
 more than two thousand pious Muslims (ahl salat wa siyam) was
 killed by Ali, in that battle of al-Nahrawan.
This group was known by four different names: al-Muhakkimah,
Ahl al-Nahr, al-Haruriyah, and al-Khawarij.               The first name was
derived     from   their motto,    "La hukma    illa lillah."  And or the two
second names,          al-Haruriyah is derived from the name of a place,
Harura’, where        some of them gathered near Kufah, and other
name,     Ahi al-Nahr,      is derived from the name of the place of the
battlefield,    al-Nahrawan.      With regard to the last name Khawarij, it
is suggested that the name was derived from the expression
Kharaja (came out), - either out from the community as their
opponents like to interpret the name, or out of their homes as
emigrants to God, as their sympathisers explain the name on the
basis of a Qur’anic verse. It is also suggested that this name was
 used for this group by their opponents as a reference to the first
 work of a well-known Tradition of the Prophet which describes a
 group of people which will emerge from the Muslim community,
 "From the descendants of this man there will arise (sayakhruju)
 people    who     fluently    read   the   Book    of Allah,  but it will not pass
 beyond their throats. They will pass through religion as an arrow
 passes through a hunted animal. Methinks, said the narrator, he
 added: If | find them, | shall kill them, as Thamud were killed"©9.
 This political situation gave rise to several questions on which
 conflicting opinions appeared.               Among these questions was the
 attitude of the Muslims towards tyranny or unjust rulers, i.e. those
 rulers who do not follow the shari’ah. Kharijites in general held
that their opponents were polytheists (mushrikum), then they
differed      regarding        the     principle of religious dissimulation.
(taqiyah).       The Azariqah, followers of Nafii b. al-Azrag held that
khuruj or hijrah to their camp is an obligatory duty, and regarded
the home of their opponents as dar al-harb, the land of war.
On    the   other    hand,     Ibadhis    refused to regard the people of the
Qiblah     (Muslims)      as polytheists,       they called them (muwahhidun)
‘monotheists", or ‘infidels-ingrate’, kuffar alni'‘mah, and held it
lawful to live among them on terms of mutual tolerance®’. This
doctrine was clearly expressed by Abdullah b. Ibad, and for it he
was     opposed        by the Kharijite          leaders®8.    Abdullah b. Ibad
declared      Nafii   al-Azraq     a polytheist     (mushrik)   for killing Muslim
women      and children and for taking their property                 as spoils©9.
Jabir b. Zaid also adopted the same attitude as Abdullah b. Ibad,
and     used      to argue with the Kharijites and refute their views
concerning their attitude towards their Muslim opponents/9. It is
reported that Jabir b. Zaid was informed that Zaid b. al-A’sham,
who    was    believed      to  be  a good       Muslim,   regarded     the Muslim
opponents as polytheists.           Jabir sent for him and asked his opinion
on    the    sacrificial     animals      (hady)    sacrificed   by   the   Muslim
opponents.       His reply \ was, | ‘kil them      ~~ cut their livers and
humps, they have no sacrifices (la hadya lanum)." The sense of
this curt statement is that Zaid b. al-A’sham refused to regard
sacrificial animals dedicated by the Muslim opponents of the
Khawarij as consecrated (to Allah), since he considered these men
to be polytheists, and in consequence he regarded them as lawful
to be slaughtered should they fall into his possession, freely, since
they were not, in his eyes, Allah's consecrated property. The
livers and humps are the choice parts of camel meat. So Jabir
renounced him?1.
 During their history, Ibadhis never broke this principle; they never
 killed women or children of their opponents or killed the injured or
followed a routed enemy of them, nor did they take their property
for spoils’2.     One of the well known examples of this attitude is to
 be found in the celebrated action of Abu Mansur Ilyas, governor of
 Jabal Nufusah on behalf of the fourth Rustumid Imam Muhammad
 b. Aflah.     Abu Mansur fought al-Abbas b. Tulun who attached
Tripoli in the year 267H and conquered him, but left on the battle
field sixty loads of gold, not taking        a single piece’3. The Ibadhi
 scholar     Abu     Ya’qub    al-Warijlani,    reporting  on  this   event,
 commented: "What a great loss!"74.
The other question was, who were true Muslims among the
contending parties, and what were the others? Were they also
Muslims or were they infidels? There was no denial that all those
groups believed in the same God and the same Prophet. The
question was about the practice of the religion.              The Ibadhis'
solution of this problem was based on their definition of sin. Grave
sins (kabair) were divided into two groups’.
a)     Grave sins falling within the category of Polytheism (kabair
       al-shirk). This type of sin includes:
Fa GAA           any “aspect of the faith of which Muslims8 may not be
  ignorant (41a =. Yl. ), such as Unity of God, Cognition of
  Allah, Prophets and Angels.
  To    regard     as permissible what is prohibited by the Qur’an
  such    as    carrion,    blood,  pork,   slaying the soul without right,
  deriving     profit    from usury, etc. Those who commit such sins
  are polytheists (mushrikun).
  Grave sins falling within the category of hypocrisy (kabair al-
  nifaq). This type of sins consists of:
  Mistakenly        regarding as permissible what God has forbidden
  (al-istihlal bi ta'wil al-khata).
  Committing that for which God has threatened punishment in
  this world and chastisement in the world to come, or for which
  he has punished one of the previous nations. The sinner of
 this nature is neither a believer (mu'min) nor a polytheist
  (mushrik) but a Hypocrite (munafiq) and an 'infidel-ingrate
  (kafir     kufr     ni’mah)/6.       This   expression    was   used   to
 differentiate this type of sinner from the Polytheists for whom
 the Arabic work kafir is also used. Ibadhi sources speak of
 two. types of kufr:(i) kufr junud, or kufr musawat which means
 to disbelieve in God or to make Him equal with others. In this
 sense       the      term     kafir is synonymous’         with mushrik,
 polytheist’/ (ii) Kufr ni?mah: ingratitude for the blessings of
 God.       This term was used for those Muslims who commit
 hypocritical grave sins, and for those who acknowledge the
 faith of Islam but do not practice it”8. The terms nifag, kufr
 nifaq,     and     kufr ni’mah     are used     in the same    sense,  for
 Ibadhis      held that hypocrisy (nifaq) is only in deeds and not in
 the faith79.
   «3b Me                           IN NO
In his collection of hadith, al-Rabi'i b. Habib narrated 25 Traditions
in support of the Ibadhi doctrine of applying the term Kufr to
Muslims®9,         ibadhi use of this term in this sense        is based on
usage in the Qur’an and traditions®1. This distinction of terms (al-
asma) was based on the Ibadhi view of ‘faith (iman) which consists
in professing the faith in words and practising the required duties.
Those who fulfil the obligations of the faith in both word and deed
are complete Muslims or Believers (muslimun muwaffun, or
muminun muwaffun). Ibadhi creeds state two items to explain their
opinion of the state of the other ‘monotheists’:
 a)    Intermediate position,       i.e. the state of hypocrisy     between
       ‘faith’ and ‘polytheism’.
 b)    No     position   between   two   positions, i.e. no state   between
       faith’ and kufr82. This latter proposition was directed against
       Mu'tazilites, who held that he who commits a grave sin is in
       an intermediate position, neithera Believer nor a polytheist,
       but he is a fasig, and they refused to call him a kafir.
       According to lbadhi doctrine, fisq and kufr are one and the
       same.
 Coming back to the Ibadhi view of the relation between their
 community and the rest of the Muslim community, they held that
 the only true Muslims are those who fulfil the obligations of the
 faith in work and deed. these are al-Muslimun al-muwaffun and
 they form the body of the 'Muslims' (jamaa'at al-Muslimin) or the
 ‘missioners’     (ahl al-da;wah), i.e. the Ibadhi community.     The rest of
 the Muslim community is divided into three categories; tyrants,
 heretics (Ahl al-bida), and the general body of Muslims. they were
 all regarded as kuffar ni'mah, therefore Ibadhis can mix with them
 and live under their rule on the terms of religious dissimulation
 (taqiyah)83 within the Ibadhi state of secrecy (kitman). Changing
<PMS:                               IN, VQ SSS
the rule of tyranny, or commanding              good and orohibiting eevil is
recommended under special rules®4.
 Ibadhis     concurred      in the   principle that "There      is no (hijrah)
immigration       after the conquest of Mecc      ( ciill asta
                                                           a"Y ). This is
directed against the Azraqites and other Kharijites who held that
their camp alone is the abode of Islam ( OY! J. ), and those who
took no action (qa'adah) and did not perform the hijrah to their
camp are sinners and unbelievers89.                In his sermon in Medina,
Abu Hamzah al-Mukhtar b. Awf said, "The people are of us and we
are of them, except a polytheist, worshipper of an idol, or an infidel
belonging to the people of the Book, or a tyrannical ruler, or one
who professes a heresy calling people to his heresy, (bidah)86.
 During    the time of al-Rabi b. Habib, the leaders of the Nukkar
branch      of the Ibadhi movement tried to convince al-Rabi to regard
their Muslim opponents (al-mukhalifun) as polytheists on account
of their anthropomorphic views, but al-Rabi refused to agree with
them    pointing     out  that such   views   were   held  only    by ignorant
people      and not by devout learned men8’. The same attitude was
reported     from his ancestor Abu Ubaidah Muslim b. Abi Karimah.             it
is reported that he was told that Muaatil says that God created
Adam in His shape. Abu Ubaidah said, "Muqatil lied," but he did
not regard him as a polytheist88.
The other question regarding Muslim sinners who commit grave
sins, was concerned with the punishment for those sinners on the
Last Day. Ibadhis maintained that the committer of grave sins has
to repent to enjoy the right of intercession, and to escape the
punishment for persistence          in grave sins which is eternal Hell.89
lf the   sin was connected with the obligations to God, repentance
along    is enough, but if it affects rights of other people, the sinner
should     give   back   the rights of those people in order to complete
his repentance29.
This attitude was, inn fact ‘the basis of the ~ doctrine of al-wad
 wa al-wa'id, promise and threat, which was directed against the
 Murji'ites who maintained that the professing of Islam (shahadat) is
 all that is required from the faithful in order to enter Paradise. The
 Traditions reported from the Prophet defined the Murji'ites as
 those      who say that faith is word only without works?1.              It is
 reported that Jabir b. Zaid said, "The Murji'ites are the Jews of the
 people of the Qiblah, because they promise the sinners Paradise
  and say, ‘The Hell-fire shall not touch us save fora number of
  days,’ as Jews and Christians have said"92.
  The    system     of walayah     and  bara'ah was constructed at an early
  stage of the Ibadhi movement to regulate the relations between
  the believers and the sinners, so that Muslims will always be
  reminded that only practising Muslims deserve love and harmony
  on account of their full practice of Islamic teachings, and that
  those     who    neglect heir religious duties and      persist in sinning
  should be disapproved and ostracised until they repent.
  The doctrine of al-walayah wa al-bara'an was one of the main
  topics of the Ibadhi creed. Its rulers were laid down during the time
   of Jabir b. Zaid the founder of the Ibadhi movement. Apart from
  the numerous Qur’anic verses on which this doctrine was based,
  there is also a large number of traditions which were considered
   as   directions    for the   system.   According to al-rabii b. Habib, any
  Tradition     which speaks of a person with the expression, "He is not
   of us"( tu!           ), means that the person is to be considered in the
   state of (bara'ah)93.
  the doctrine of al-walayah wa al-bara’ah is discussed in detail in a
   special chapter in this work?4. It is mentioned here only to point
  out that it was one of the early doctrines which appeared in Ibadhi
  theology.
 The Qur’an:
Among      the main         questions       on which opinion differed so much in
 Islamic theology         in general        are the questions        of creation of the
 Qur’an,     and the work of God.             Reports on the early state of Ibadhi
theology show that this problem was discussed in a limited way.
 In fact, the only piece of information on this matter was concerned
with the question of adding to the Qur’an or omitting from it. Jabir
 b. Zaid said, "Ibn Abbas was asked about the Qur’an whether
 anything     could     be    added     to,   or omitted     from   it?   He said "The
 Prophet said, 'God curses him who adds to the Qur’an." Then he
said, "He who disbelieves in one letter disbelieves in the whole
Qur’an"99.         Jabir also reported that 'Uqbah b. Amir al-Juhani said,
"The     Prophet        led us at the dawn            prayer;     he recited the two
chapters      (of Daybreak           and Men) (al-Mua'awwadhatayn), then he
said,   'O   Uqbah,       these    two _ suras are the best of the suras of the
Qur’an,     the book of Psalms,                the Bible, and the Torah." 'Uqbah
said, "Some people say that they are not part of the Qur’an                       - they
lied and sinned¥®.
It is further      reported     that     Ibn ‘Abbas said, "if anyone adds to the
Qur’an     or    omits     from   it, he     will be   infidel to Muslims      for that
reason." He further described the Qur’an as God's word and proof
for His worshippers, and the guide (imam) of His servants which
will be the witness against them on the Day of Judgement97.
There was no mention of the question of Qur’an being created or
eternal.      It was described by Ibn 'Abbas as the speech of God
(kalam), proof (hujjah) and guide (imam).
The    question      of adding or omitting from the Qur’an was dealt with
to   establish the Ibadhi attitude, as opposed to the Kharijite branch
of al-Maymuniyah, followers of Maymun b. Imran, who maintained
that the chapter containing the story of Joseph is not from the
Qur’ an, and       denied that     a   lovee story could be za, partws     the Holy —
Book98.       As for the two chapters of al-Falaq and al-Nas, it is also
reported     that    the    celebrated      Companion        Abdullah   b.  Mas’ud
refused   for some       time   to   include     them in his text of the Qur’an,
then afterwards he did include                them99. On the other hand, it is
reported    that Ubaiy       b. Kaab maintained that the dua recited after
‘wit’ prayer is a part of the Qur’an190.                 it is possible that some
people, being influenced by the attitude of Ibn Mas’ud maintained
that the two last chapters of the Qur’an were just an invocation
(dua).    Ibadhi authorities, in order to avoid any confusion that may
be caused by the views ascribed to both Ibn Mas’ud and Ubaiy b.
Kaab, set forth those Traditions reported from Ibn Abbas and
Uqbah b. Amir to settle the matter.
As for the question of the creation of the Qur’an, it is not known
whether al-Rabi b. Habib or Wail b. Aiyub, his successor, has
formed any decision about it. As for Abdullah b Yazid al-Fazari,
the Nukkarite theologian,            he approached         the topic   in the same
way    as Jabir b. Zaid and discussed only the question of addition
and omission to or from the Qur’an191.                      The discussion of the
creation of the Qur’an           in Ibadhi      circles took place in Oman first
during the early decades of the third century H. al-Fadl b. al-
 Hawwari, (d.278 H.) said that Ibadhi Shaikhs among whom were
al-Waddah         b. Uqbah, Said b. Muhriz, Muhammad b. Hashim,
Muhammad         b. Mahbub, and others, met in a house in Dama in
Oman and discussed the Qur’an; Muhammad b. Mahbub said, "|
say that Qur’an is created."                 On hearing this, Muhammad Db.
Hashim became angry and said, "! shall go out of Oman and shall
never stay in it." Ibn Mahbub thought that Ibn Hashim was
referring   to   him so he said, "It is |, who must leave Oman, for | am
a stranger in it"102.
  However, it is reported that the same Shaikhs assembled together
 afterwards and Muhammad b. Mahbub recanted from his former
 attitude in order to avoid the split.103
 According     to Abu Ya’qub al-Warijlani, this question of the creation
of the Qur’an was introduced to Muslims by Abu Sakin al-Disani of
 Persian origin, who came to Basrah for the purpose of corrupting
 the Muslim community; it was he who raised this question. 104
 This story reported          by al-Warijlani      may not be true, but it shows
 that such arguments which lead to                   conflict were not welcomed,
 and were not expected from Muslims.
 Ibadhis    held different views on this question.            In Oman there were
 three views by leading scholars of the third century A.H.:
 a)    Those     who     maintained     that the      Qur’an    is the word of God
       and   it is not      a quality of God, either of essence or of action.
       This view      is held     by Abu     Ali   Musa b. Ali (d. 230 A.H.) and
       others.
 b)    Those     who     did   not come     to    any conclusive attitude on the
       question, but held that the Qur’an is the word of God and His
       revelation to Muhammad, and maintained that this is an issue
       upon which the Muslims may properly remain uninformed
       (mimma yasa'u jahluhu).           This was the attitude of Muhammad
       b. Mahbub.
c)     Those who rejected the view that the Qur’an is created and
      took the attitude of ‘reservation’ (wuquf) concerning those
      who maintain that Qur’an is created. This was the attitude of
       Sulaiman     b.    al-Hakam,     al-Waddah b. Uqbah, Muhammad             b.
       Hashim     and other.195          The     question remained an issue in
      which there was disagreement among the Ibadhis of the 'east'
      until  a   later date.     Abu Ya’qub al-Warijlani (d. 750 A.H.) said
      that  when      he    asked    Ahmad al-Hadrami in Mecca about the
      Qur’an,     he   replied,    "The  people    of Oman      say that it is not
      created,     the people of Sharaf Abad say that it is created, and
      as   for us,    the   people    of Hadramawt,       we  are   in between,
      neither with these nor with the other."196 However, all these
      views were        regarded as the result of personal opinion which
      allows disagreement and does not affect the faith. 197
As for the      Ibadhis    of North Africa,     they were     all  of one single
opinion     holding that the Qur’an is created.        The earliest document
dealing with this question is the treatise composed by the
Rustumid Imam, Abu al-Yaqzan Muhammad b. Aflah (d. 281 H.), in
which he discussed the question in detail, presenting strong
argumentation to support the doctrine of the creation of the
Qur’an, 108
The subsequent works by authors from North Africa adopted the
same attitude as Imam Muhammad b. Aflah. How did it happen
that the Ibadhis of North Africa adopted one clear view on this
question, while the Ibadhis of the 'East' were so confused about it?
Was     it because     of the   influence    of the   Mu'tazilites, as already
suggested by some European scholars, and if so, why was this
influence so effective in north Africa and less effective in the
‘East'?     In support of the view held by Nallino that the Ibadhis of
North Africa were influenced by the Mu'tazilites with regard to the
doctrine of the creation of the Quran:                It is   possible that this
influence found its way to lbadhi theology in north Africa through
Muhammad b. Aflah, the Rustumid Iman, who composed the first
work on the question.            It is likely that he was convinced of this
doctrine whole imprisoned for some time in Baghdad with one of
the Abbasid Caliphs.199              Since no one       of the Ibadhi Imams of
North Africa prior to him had discussed the question, Abu al-
Yaqzan was able to introduce his own opinion for the first time.
Being the Imam of the whole Ibadhi state of North Africa, his
followers unanimously accepted his view.
  On the other hand, it is possible that the doctrine of the creation of
  the Qur’an was developed naturally and independently by Ibadhi
  scholars on the basis of their view of God and His attributes.
  However, the fact remains that the Ibadhis in their early stage did
  not    deal with this question from this approach, and when they did,
 the Mu'tazilite view of the creation of the Qur’an                     had  already
 spread widely among them.
 The Imamate:
 Among         the subjects which were settled in the early stage of Ibadhi
 theology        is that    of the Imamate.       The Traditions reported by Jabir
 b. Zaid        on this issue         are very few. The rule of the Qurashites is
 mentioned           in one    of them     as follows:    "This affair, meaning the
 rule,    will    continue     still yet in Quraish      as long as two of them
 remain."           (He pointed with his fingers). "But woe upon those who
are infatuated with kingship (mulk)."119 However, this Tradition id
not state         that the     Qurashites      have   special right to the Imamate.
On_     the other hand, there is a number of Traditions concerning the
Obligation         of obedience to rulers, which            state clearly that such
obligation          depends on the obedience                of the rulers to the
commands of God and His Prophet. 111
On     the practical side, lbadhis never acknowledged the Imamate of
anyone         except their         own Imams, with the only exception of Umar
ll.   Their movement was established with the motive of returning to
the true Islamic Caliphate as_ it existed under the rule of the two
rightly guided Caliphs, Abu Bakr and Umar. They directed their
activities towards this objective from the start, and established
special rules for such activities. These rules were discussed in a
special chapter on the stages of the Muslim community (masalik
al-din).112
Among "the e early opinions formed on the basis        ee Traditions from
the Prophet two more need to be mentioned here:
1)   Intercession (shafa'ah).            Jabir b. Zaid reported that the
     Prophet said, "No one of you enters Paradise except through
     good deeds, the mercy of God, and my intercession."113
     According to other Traditions reported by Jabir b. Zaid,
     intercession does not apply to those who commit grave sins.
     he reported that the Prophet said, "Intercession is not for
     those who commit grave sins of my community."114 Jabir
     thereupon swears that there will be no intercession for those
     who commit grave sins, for God threatened them with Hell in
     His Book. "As for the tradition reported from Anas b. Malik,
     that intercession is granted for those who commit grave sins,
     by God, he never meant slaying, fornication, magic and sins
     for which God has threatened Hell." Jabir then added, "Anas
     b. Mali    used   to say,   'You    commit  a sin that appears to you
     thinner   than   a hair,  yet we      would   not  have  considered  it
     anything     but   a  grave     sin   in the time   of the Apostle  of
     God."115
Two more Traditions which support this opinion were reported:
     The prophet said, "My intercession shall not reach a tyrant
     who treats people with oppression, and a man who does not
     fear God in regard to orphans.""116
b)    My intercession shall to reach him who transgresses the
      proper bounds of religion, nor him who has an aversion to
      t."117
     A_ long Tradition describing the way in which intercession will
      take place on the Day of Intercession is reported in the Ibadhi
      collection of Hadith; the faithful, after death, when brought
the glad tidings t that t they have wr             the interrogation of
 the angels Munkar and Nakir and that God has forgiven
them,      will be allowed by God to enter Paradise through
 intercession, which is stored where no Prophet or Angel can
 reach it,till the Apostle of God, Muhammad, opens the door to
 it. The faithful will implore for intercession from the Prophets
Adam,       Nuh,      Ibrahim, Musa and Isa, but all of them will
excuse       themselves        because  ashamed     of sins  they  have
committed,        and   they will all recommend them to turn to the
 Prophet      Muhammad for intercession, since God has forgiven
his former and latter sins.118            The gate of paradise will be
Opened for him, and all the faithful will enter paradise except
those who were threatened hell-Fire by the Qur’an." The
Statement       following this Tradition shows that intercession is
granted      to   Adam for his children, to each of the Prophets for
his community (ummah), and for the faithful; so that the
martyr will intercede for seventy of his kin if they were faithful
and upright. 119
The other article is the constriction and punishment of the
tomb (adhab al-qabr).             A number of Traditions reported by
Jabir b. Zaid refer to the punishment of the tomb.120 Abu
Ubaidah       after    narrating one of these Traditions commented,
“Jabir was       among      those who acknowledged the punishment
of the tomb."121 This attitude was accepted by the Ibadhis in
general,      but was     denied   by some   Ibadhi scholars     on the
basis    of reasoning.122           We also may mention here the
interrogation of the dead by the two Angels, Munkar and
Nakir, concerning which a Traditions is narrated by Jabir b.
Zaid. 123
THE STA TUS OF THEE IBADHI THEOLOGY I IN RELA TION TO.
THE MAIN ISLAMIC SCHISMS
Goldziher noticed that the Ibadhi Agidah of Amr b. Jumai contains
views of evident Mu'tazili nature. Among those views, he set forth
the following:
a)    The Qur’an is created
b)    The impossibility of the vision of God in the Hereafter.
c)    The      application   of    the allegorical method (ta'wil) to
      anthropomorphic expressions in the Qur’an, especially in
       relation to God's sitting on the throne, and to certain matters
       concerning      the Day of Resurrection, such as the Bridge
       (sirat) and the Scale (mizan).124
Later, Nallino pointed out that there are still further points in which
 lbadhis maintain the same views as Mu'tazilis, as follows:
a)     God does not forgive       grave  sins, unless the sinner repents
       before death.
 b)    Eternity of punishment for Muslims who persist in grave sins,
       and they have, furthermore, no right to intercession unless
       they repent before death.
c)     Allah's attributes are not additional to his essence. 125
 It appears that the European scholars who discussed the subject
agree that all those views in lbadhi theology were of Mu'tazili
origin, but the question which they had not answered yet was
when and where this influence made itself felt. 126
Although        William Thomson has suggested a new line of
discussion      of this question, pointing out the possibility of some of
those views having arisen naturally among            the Ibadhis, 127 this
line of investigation has not been carried out~ later s scholars.        Sa
it was possible to consulta later number of Ibadhi sources which
were not available before, a clearer view of the development of
Ibadhi theology can now be established, and the nature of its
relation to other Islamic schisms better understood.
It would    be    difficult to       decide about certain views, as to whether
they    were     a result of natural development within a particular
schism,     or    a     result    of    outside    influence.    Most   of the    early
discussions of theological problems by Muslim theologians were
directed in one way or another by the Qur’an and Sunnah of the
Prophet, and by the interpretation of one or other of those
sources,     and     the     degree of reasoning used by those theologians
in their interpretation.
One     fundamental difference between Ibadhis and Mu'tazilites was
that    the latter were well known for using rational methods in
theology128 and for their little consideration of hadith, 129 while
lbadhis    gave      no    consideration      to reasoning      when    an authentic
Tradition     was reported.         As for their foundation, most of the Ibadhi
views     were       settled     considerably       earlier   than    those    of   the
Mu'tazilites.
Bearing these two facts in mind, only one point of the above
mentioned six, can remain as a possibility of Mu'tazili influence on
Ibadhi theology,          i.e. the creation       of the Quran. All other points
were settled by Ibadhi authorities at an early stage. In fact, they
were settled by the Companions on the basis of Traditions
remounting to the Prophet. The role of Ibadhi authorities was only
in narrating those views and adopting them.
It has already been mentioned thata larger number of Traditions
recorded in the Ibadhi collection of Hadith stated clearly the
impossibility     of    the vision of God on the Last day, and rejected all
forms of anthropomorphism.                As for the attributes of God not being
additional, this attitude was taken in order to assure the Unity of
God which is fundamental to the Islamic faith.
With regard to the two questions concerning the eternity of
punishment for Muslims persistent in major sin, and the relation of
intercession and God's forgiveness of those who have committed
major sin, these questions were also dealt with by Jabir b. Zaid,
the first Imam of the Ibadhi school, on the basis of Qur’anic verses
and Traditions of the Prophet.
The question arose from the following verse:             "If you avoid the
heinous sins that are forbidden to you, We will acquit you of your
evil deeds."131         According to Ibn Abbas, committing what is
forbidden in the Qur’an is a major sin, and committing what is
forbidden by the Sunnah is minor sin. Forgiveness mentioned in
the above verse is concerned only with (saiyi'at) minor sins, so all
 major sins remain as giving a cause for ‘threat’, (waid). 132
There are other verses concerning this question:
 i)   “Surely God forgives sins altogether...."139
 li)   "God    forgives   not that aught should be with Him associated;
       less than that he forgives to whosoever He will."134
 iii)  “If you   avoid   the heinous sins that are forbidden to you, We
      will acquit you of your evil deeds."135
 iv)   "And who so rebels against God and His Messenger, for him
       there awaits the Fire of Gehannam; therein they shall dwell
       forever."136
 In the first verse God did not stipulate              any condition for
forgiveness, and in verse iv He did not stipulate any condition for
the abiding punishment for those who rebel against Him and His
Messenger, so both verses provide a general statement on the
question.     But, in verse ii, and in verse iii, he imposed repentance
as a condition for His forgiveness, and he also said, "Yet | am All-
forgiving to him who repents."137
The difference of opinion over this problem arose with regard to
the Will of God concerning forgiveness of sins lesser than
polytheism (shirk). The opinion of Jabir b. Zaid was that "God has
told us about His will regarding forgiveness. he said that He wills
to forgive for repentance:         ‘Yet | am All-forgiving to him who
repents.""138      As the Qur’an states that those who rebel against
God and His Messenger shall dwell forever in hell-Fire, there is no
reason why they should not do so, unless they repent, as is
explained above. For repentance only can save them from eternal
Hell-Fire.
However,    the   Mu'tazilites  adopted   the   same view and they were
known for it by the title (ahl al-wad wa al-waid).
With regard to ‘intercession’ (shafa'ah), Jabir b. Zaid reporteda
number of Traditions from the Prophet concerning the people who
deserve intercession. Jabir stated clearly that intercession is not
for sinners who had not repented before death. 139
As for the ‘creation’ of the Qur’an, lbadhis, as has already been
explained, held three different opinions, one of them being that the
Qur’an is created. They regarded this problem as one of those on
which they can differ, out of personal judgement. Therefore, it is
not one of the basic dogmas on which they should take a specific
view as_    is the case with the Mu'tazilites.         The possibility of
Mu'tazili influence in this matter has already been mentioned. It
appeared that this possibility cannot be denied, since the Ibadhis
had not discussed the question from this angle before it was
raised by the Mu'tazilites.
Aithough the Ibadhis and ‘Mu tazilites ‘held ‘the same views on
those doctrines mentioned above, the fact remains that the Ibadhis
formed their views on those questions at an earlier stage, and they
were     based    on    Traditions       reported    from  the Prophet,    or on
opinions of some of the Companions regarding the tafsir of certain
Qura'nic verses which dealt with some of those doctrines.
On the other hand, the Ibadhis opposed strongly some basic views
of the Mu'tazilites, i.e. on Divine decree, the Divine will, and the
position between two positions.
With   regard   to the     first two views, concerning the Divine will and
Divine    decree, Ibadhis held that God is the creator of man and his
actions,    and   man     commits      his  action.     As for the  Divine   will,
Ibadhis held that everything which happens in this world, be it
good or bad, is willed by God. Both views were adopted by the
Astrarites.
The Mu'tazilites evolved the doctrine of the position between two
positions (al-manzilah baina al-manzilatain) for the state between
faith (iman) and polytheism (shirk).                They refused to regard the
major sinner a believer (mu'min) as the Murji'ites did, and also
refused    to regard     him    'infidel-ingrate'    and regarded him as fasiq
(evil doer) in a position between two positions, meaning that he is
neither a_ believer nor an infidel.                Ibadhis distinguished their
attitude regarding this matter by the two following principles:
1)    The position between two positions implies the position of
      hypocrisy between faith and polytheism. This attitude was in
      opposition     to the     Murji'ites   who refused to regard the major
      sinner as anything other than a believer; and against the
      Kharijites who regarded all those who commit major sins as
      polytheists.
     <i €Md 8: IN VA RSSSsa.~
  2)   There is no position between two positions; meaning that
       there is no position between faith (iman) and infidelity (kufr).
       To them, those who do not fulfil the teachings of the religion
       are ‘infidels-ingrate’ (kuffar al-ni'am).         This attitude was
       directed against the Mu'tazili view on this matter.              For
       Ibadhis, the terms, fisq, nifaq and kufr al-ni?mah are all the
       same, and they mean hypocrisy. he who fills this category is
       neither a believer, nor a polytheist, but an ‘infidel-ingrate’, or
       a hypocrite like the Hypocrites of the time of the Prophet.
  THE SUB-DIVISIONS OF THE IBADHI SECT.
 The following pages are devoted to the study of the development
 of the theological discussions within the Ibadhi school, the
 different views which appeared, and the resulting sub-divisions of
 the sect.
 The Polish scholar, Tadeusz Lewicki, was the first scholar to treat
 this subject using information from Ibadhi sources. His article "Les
 sub-divisions de |' Ibadhiyya" 140 was the most useful study of the
 lbadhi theological groups.
 In this present work, it is hoped that a more detailed study of this
subject will be given.         It is not intended to deal with the sub-
divisions     of the   Ibadhis    of the  'East', except   where  they  are
connected with the sub-divisions of the Ibadhis of North Africa.
The available sources contain a very limited amount of information
on the early theological arguments which took place in the early
stage among Ibadhi scholars during the time of Abu Ubaidah
Muslim b. Abi Karimah.            Ibadhi chroniclers mentioned   a certain
Salih b. Kathir or Kuthaiyir who raised issues which made the
Ilbadhis    shun him.141    It is not known what those issues were, but
their   being ascribed to a theologian suggests that they might have
been theological views. ‘it seems ‘that his views were > not of much
importance, and were not taken seriously, either by him or by his
Ibadhi contemporaries, for he was still respectable enough to be
elected   to negotiate with Abdullah        b. al-Hassan on behalf of the
Ibadhis..142        Although    the negotiation did not take place, it
showed that Salih was still accepted in the Ibadhi community.
The question of divine ‘decree’ (qadar) confused some Ibadhi
scholars,     and some of them adopted the same views as the
Qadarites.      Among these scholars were Hamzah          al-Kufi, al-Harith
b.   Mazyad      al-lbadhi,  and   another   scholar  called   'Atiyah  from
Khurasan.143         They were all influenced by the Qadarite view on
the  creation    of works, i.e. man being the author of his actions and
not   God. Abu       Ubaidah   Muslim    b. Abi  Karimah    opposed    them
strongly and they were ostracized by the Ibadhis. 144
The second question on which differences of opinion appeared
among the Ibadhis at this stage was the doctrine of al-Walayah wa
al-Baraah.       It is reported that an Ibadhi youth called Abd al-
Rahman      b. al-Mu’sir held that all the people        were in a state of
walayah, except for those who plainly merited baraah. His father
and other lbadhi scholars tried to make him change his views and
correct them, but he refused to alter them; they therefore expelled
him from their community, and warned their people that he was not
of them any more. 145
Another event of a similar nature took place during this stage. It
occurred when al-Harith b. Talid, the Ibadhi Imam of Tripoli, and
his Qadi Abd        al-Jabbar b.    Qais al-Muradi were found dead with
the sword of each one thrust into the body of the other, no-one
knowing whether they killed each other, and in this case, who was
wrong.     The question was whether they should remain in the state
of (walayah) or be transferred to the states of reservation (wuquf),
or (baraah).146 Conflicting opinions resulted on the matter among
the Ibadhis of North Africa, and the case was presented to Abu
Ubaidah in Basrah for a decision.14/
Another    question     reported   to have arisen in the course     of the
argument     within the Ibadhi community was the question of the
‘proof   (al-hujjah).   The argument was about a hypothetical case of
a Christian who had not heard of the Prophet of Islam, and who
had converted a Magian to Christianity. Some Ibadhis youths
came to Abu Ubaidah with the strange view that the Christian is a
 Muslim because he had not yet heard of the Prophet Muhammad,
 and the Magian is an infidel despite his acceptance of Christianity.
Abu Ubaidah refuted their views and disassociated himself from
them. 148          This    view   was   taken  over afterwards    by    the
 Husayniyah. 149
 After the death of Abu Ubaidah there was a chance of conflict and
 difference of opinion.        The Ibadhi movement lost with his death a
 strong leadership which maintained the unity of the movement and
 provided final decisions on the problems which arose.                 The
 movement expanded, and al-Rabi b. Habib, who succeeded Abu
 Ubaidah as its religious leader, failed to gain support and
 acceptance from all his contemporaries. It was during this period
 that a number of Ibadhi splinter groups started to appear.
 First, we will deal with the original movement or the mainstream of
 the Ibadhi school which was known as al-Wahbiyah.                    After
 presenting their basic views, the divergence between          the   lbadhi
 groups and its nature will be readily understood.
  1.   Al-Wahbiyah
       The mainstream of the Ibadhi movement in North Africa was
       distinguished by the name al-Wahbiyah. There are different
       opinions about the origin of this name. According to Ibn al-
       Raqig, they were named after ‘Abd al-Wahhab, the second
       Rustumid ‘Imam, 150 The same opinion is reported by | Ibn al-
       Saghir though he denied any knowledge of its origin. 197
Al-Qalhati, in his book al-Kashf wa al-Bayan, used the name al-
Wahbiyah for the Ibadhis in general and stated that it is so named
after Abdullah      b. Wahb      al-Rasibi.192      Both modern   Ibadhi
scholars    of North Africa, Muhammad Yusuf Atfaiyish and Abdullah
al-Baruni,    adopted  the same     view and   held   that Wahbiyyah is
named after Abdullah b. Wahb and not after Abd Al-Wahhab.
Atfaiyish argued that if it was named after Abd Al-Wanhhab, the
form should be Wahhabi and not Wahbi.193 But this opinion also
is based on the grammatical rules of Arabic only.
It is worth mentioning here that the name was largely used by
Berbers in North Africa and it is possible that the correct form of
the   name was altered to make it easier for the Berber tongue, and
it became        Wahbiyah instead of the correct original form
'Wahhabiyah’.       The other fact which supports the opinion that the
name Wahbiyah is derived from Abd Al-Wahhab, is that the name
did not appear before the opposition of the Nukkar to the Imamate
of Abd Al-Wahhab, that opposition which split the Ibadhi
community of North Africa into two parties, the followers of Yazid
b.  Fandin     who were called al-Nukkar, and the followers of Abd al-
Wahhab_ who should have been named after him "al-Wahhabiyah'
then as suggested earlier, the name was changed and became
Wahbiyah.
Wahbiyah represent the mainstream of the Ibadhis of North Africa.
They played the most important part in both the political and
intellectual fields and are the only group which managed to
continue to exist until the present day. In all information about the
lbadhi communities and their activities in the past, we are indebted
to this group and its literature. As this chapter is concerned mainly
with the theological differences between the different Ibadhi
groups, it is useful to include here a translation of the Wahbi
agidah written by Abu S Sakin Amit b. Ali al-Shammakh (d.592).
For more details about the theological views of Wahbiyah, and
their creeds (Aqaid) specialist works are available for consultation
in both French and Italian. 154
AL-DIVYANAT
(AN IBADHI WAHBI CREED)
by Amir b. Ali al-Shammakhi
Translation
The divergence between Muslims arose from nine basic elements;
unity,     divine     decree, walayah and baraah, command and
prohibition , praise and threat, the intermediate position, the denial
of an intermediate position, names'9* and statutes.
7.        Unity:
       We hold that there is nothing like Allah in attribute, essence
       or act.     We hold that Allah is not seen either in this World or
       in the World to come; "The eyes attain Him not, but He
       attains the eyes; He is the All-subtle, the All-aware."196
       We    hold   that Allah established Himself upon the Throne and
       over   everything     in a fashion     not   explicable by reason; His
       establishing      Himself  is an attribute of His which continues
       attributed to Him.
       We      hold    that   He    is in   every    place,   preserving  and
       omnipotent;      that  He  is within    things, and along with things,
       comprehending them, causing them to was and wane, and
       not through emanation or fixation, and being contained
       therein.
We hold that His       Names and attributes are His. There is
nothing but Him.        Numbering, change and variation are not
applicable to Him.
   Justice:
We_ hold that Allah is Just.     Injustice is not ascribed to Him in
judging or act.
We hold that the people of al-Nahr were right when they
disapproved of Ali in his entrusting the arbitration to two
arbitrators, after the decision of Allah Almighty, "Fight against
the party which doth the wrong, until they come back to the
precepts of God."197
We      hold    that  Allah   "Wrongs     not   men   anything,   but
themselves men wrong."198            The meaning is: He does not
call them to account for that which they have not committed,
 nor punish them for crimes they have not committed.
 We hold that (His) servants!99 commit and              perform their
 actions, and that they were not forced or obliged to do them.
    Divine decree:
 We    hold  that Allah   is the  Creator   of  every thing, knowing
 everything, and willing every thing.
 We hold that decree, whether good or bad, is from Allah.
 We    hold that Allah    is the creator of (His) servants' actions;
 He is who originated them and willed them.
We    hold    that Allah i is the creator   of His Word and revelation,
its originator, its maker, and the revealer of it.
   The states of walayah and enmity:
We hold that Allah sustains His 'awliya' and is the Enemy of
those 'dissociated' from Him.
We    hold    that Allah's sustaining         love and His enmity do not
change with tie, or alter with circumstances.
We hold belief in 'walayah' with all Muslims, and baraah from
all infidels.
We     hold     belief   in 'walayah' with those whom          Allah has
mentioned       in  His   Book    as _ being of the people of Paradise;
and in 'baraah' from those whom He mentioned in His Book
as being of the people of Hell.
We hold belief in 'walayah' with each individual who fully
discharges (his religious obligations), and baraah from each
individual who commits major sins.
We_ hold belief in 'baraah' from those who oppose us, and go
contrary to what we possess of the religion or our Lord.
We    hold that 'walayah' cannot be removed except by baraah;
and that baraah cannot be removed except by walayah.
We hold that 'walayah' cannot be removed except by baraah;
and that baraah cannot be removed except by walayah.
We hold that (an attitude of) ‘reservation’ is an obligation
prescribed (in the case of) acquaintance with a person of
whom it is unknown whether he has faith or disbelief.
5.    Command and prohibition:
   We     hold    that Allah     orders    obedience     and _ prohibits
   disobedience to Himself.
   We hold that every part of obedience to Allah is faith, but not
   all disobedience to Allah is disbelief.
   We hold that enjoining good and prohibiting evil to the best of
   one's ability is obligatory at all times.
   We hold that the Imamate is obligatory on the people when
   they are able to (maintain) it.
      Promise and threat:
   We hold that Allah is true to His promise and threat.
   We hold belief in eternal existence o the people of Paradise
   in paradise, and in eternal existence of the people of Hell in
   Hell.
   We hold that both Paradise and Hell are everlasting and will
   never pass away.
   We hold that God's reward to His friends in the World to
   come, and His punishment for His enemies in the World to
   Come    do not resemble      His reward     and punishment in this
   World.
      The intermediate position:
   We hold that the state of hypocrisy            is the   intermediate
   position between faith and polytheism.
 We     hold    that    Hypocrites   are   neither   Believers   nor
 Polytheists.
 We hold that Polytheists are neither believers nor Hypocrites.
 We    believe that the believers are neither Hypocrites nor
 Polytheists; and whosoever calls any one of these by the
 name of another is an ‘infidel-ingrate.'160
   No intermediate position:
 We hold that      there is no intermediate position between faith
 and disbelief.
 We hold that he is an 'Infidel-ingrate' him who maintains that
the whole of faith is monotheism, and all disbelief is
 polytheism.
We hold that Allah forgives the minor sins of those who avoid
major sins, but He does not forgive major sins except through
repentance.
We    hold belief in designating as 'infidel-ingrate' the profligate
woman who has sexual intercourse not per vulvam.
We hold belief in designating as 'infidels-ingrate’ those who
practice interpretation erring in their interpretation.
   The names     and statutes:
We hold that the names are subject to the statutes, and we
hold that the statutes affecting Monotheists are not like the
    statutes      affecting Polythsists,         and that -: statutes affecting
     Polytheists are not like those affecting Monotheists.
     We    hold that the statutes            affecting the Monotheists in their
     relation with each other are one and the same, except for
     (walayah) and designation as Believers, for only Muslims who
     fully discharge their religious obligations are entitled to these.
     We hold that the People of the Book; the Jews, the Christians
     and      the      Sabaeans       are    not    hypocrites,    but  they    are
      Polytheists.
     We _ hold        that   he   who   alters   the  statutes  of Allah    or  His
     Apostle is a Polytheist.
     We hold that he who denies "individual reasoning’ ra'y and
     the Sunnah is an 'infidel-ingrate.'
      We hold that Allah's            proof to His servants is the Books and
      Apostles.
      We    hold     that there is no hijrah after the opening up (fat h) of
      Mecca.
      We _ hold that gnosis of God cannot be attained through
      reflecting or compulsion, and that it can only properly be
      arrived at through an instructor and admonisher.
17.     al Nukkar:
      During     the    time    of Abu    Ubaidah Muslim b. Abi Karimah the
      seeds     of the     splinter Nukkar group were planted.          A number
      of his intellectual students possessed and developed certain
      views     on      theological    and juridical     problems.     They    were
Abdullah b.         Abd al-Aziz, Abu al-Ma’ ruf Shua’ ib, Abu al-
 Mu’arrij      Amr b. Muhammad, Hatim b. Mansur, and Abdullah
 b. Yazid al-Fazari.           They expressed some of their views
 during the life of Abu Ubaidah, but he refuted them and
 expelled them from the majalis.161                  It is reported that they
 recanted      and repented, and were allowed to rejoin the
 meetings      of the lbadhis and participate in the activities of the
 Ilbadhi   community in Basrah.162               After the death of Abu
 Ubaidah, they again asserted their views left to the successor
 of Abu     Ubaidah,      al-Rabi    b. Habib     to refute their views and
 denounce them. 163
 It was these same men who founded the most important
 lbadhi group beside the original and the mainstream of the
 Ibadhi_    school,       al-Wahbiyah.        The      foundation of their
 movement as a political opposition to the Wahbiyah began in
 North   Africa,    but   the   intellectual   side of the movement was
started and developed by those scholars in Basrah.
This splinter group was know as al-Nukkar (deniers), for their
denial of the Imamate of Abd al-Wahhab b. Abd al-Rahman
b.    Rustam.164          They were also known by other names:
Nakithah, Nakkathah, Nukkath for                  the word(_ ), to violate,
because they violated the oath                    they made to Abd al-
Wahhab;165 al-Najwiyyah, from the word                       al-Najwa, secret
intrigue,     which was known of them when discussing the
question     of the Imamate after the death of the first Rustamid
Imam and the election of his son Abd al-Wahhab.166 They
were     also    called      Mulhidah,      blasphemers,       because   they
blasphemed        regarding the names of Go;16/ Yazidiyah, after
their theologian         Abdullah b Yazid al-Fazari, or perhaps after
their    political      leader     in Tahert, Yazid b. Fandin;168
Shaghabiyah         for    the   disturbance       (shaghab)      which they
            C0
    <3brought       8: IN V&RSSSSS
                 about;169 and by Maslawah, the name of c one> of the
       main Berber tribes of their adherents. 179
      The Nukkar branch of the Ibadhi school was, in fact, an
       integrated movement which tried to be independent of the
       mother Ibadhi movement.        They developed their own views
       on theology and followed the opinion of heir own authorities
       in jurisprudence. According to Ibadhi historians, Nukkar
      followed Abdullah b Abd al-Aziz, Abu al-Mu'arrij, and Hatim b.
       Mansur in jurisprudence, and Abdullah b. Yazid al-Fazari in
       theology. 171
Abdullah b. Yazid who laid the theological foundation of this Ibadhi
group, lived in Kufah (2nd - 3rd century H.)           According to al-
Masu'di,    he was a kharraz, shoemaker, and a specialist in leather-
craft, and he was a business partner of al-Hakam b. Hisham. His
followers used to come into his place in Kufah to learn from
him.172       He wrote a number of books on theology. The following
list is ascribed    to  him by Ibn al-Nadim:  K. al-Tawhid, K. al-Radd
ala al-Mu'tazilah, K. al-Radd ala al-Rafidah, K. al-Istila'ah. 1/5
During the search in private collections of Ibadhi Mss. in North
Africa, | came across one of the books ascribed to Abdullah b.
Yazid entitled: K. al-Rudud.174 This book as far as is known, the
only extant work of a Nukkarite theologian, but there is still a great
chance of discovering more Mss. of their literature in Zwarah
(Libya) and Jerba.
It has already been mentioned that the Nukkarite leaders started
their movement with opposition to Abu Ubaidah Muslim b. Abi
Karimah on certain matters. Among these were; The Muslims who
maintain anthropomorphic views of God were polytheists
(mushrikun).179 They also maintained that God's friendship
(walayat Allah) changes according to the state of the person; if he
 performs good deeds F he will enjoyy God's friendship, t and SS     he
commits sins he will lose that state, 176 They also held a different
 opinion on the question of al-Harith and Abd al-Jabbar and
 pronounced them to be         in a state of 'reservation' (wuquf). 177
 They were strongly opposed for these views, and other juridical
 opinions, by Abu Ubaidah and his successor al-Rabi b. Habib.
 On the death of the first Rustamid Imam in Tahert and the election
 of his son Abd al-Wahhab as his successor, the political aims of
 the Nukkar were revealed, and contacts between the Nukkar of the
 West (al-Maghrib)          and their sympathisers in the 'East' were
 established.       One     of the Ibadhi leaders of North Africa, Abu
 Qudamah      Yazid    b. Fandin      of Banu Yifrin, a branch of the Berber
 tribe of Zanatah, who was also one of the six men among whom
 the second Imam _ of Tahert Abd al-Wahhab was elected, refused
to give his oath to the new Imam unless he agreed to the condition
that all his decisions must be with the approval of a certain
group.1/8       This ultimatum was refused by the rest of the Ibadhi
 leaders of North Africa, and Abd al-Wahhab became the second
 Imam _ of the Ibadhi state there. Yazid b. Fandin and his supporters
denied the Imamate of Abd al-Wahhab and some of them made an
attempt of his life. As they failed, they were obliged to oppose him
openly for fear          that he might punish them for their abortive
attempt.179      After some fighting, the two parties agreed to write to
the Ibadhi scholars of the East about their conflict, and wait for
their reply so as to decide who was wrong.
On their way,       the envoys went to Abu al-Ma'ruf Shua’ib who was
in Egypt at that time and told him about the situation in Tahert,
then they went to Mecca where they met al-Rabi b. Habib, Wail b.
Aiyub, Abu Ghassan Mukhallad b. al-Amarrad and others. They
presented them with the letters which they had brought from North
Africa, explained the situation to them and returned with their
reply. 180
   SLCLUES:                      IN VQaRSSSS.~
From     the reply of the Ibadhi Shaikhs       of East,   al-Rabi   and his
colleagues, it appears that he conflict between             the  Ibadhis    of
North Africa was based on two issues:
i)     |The conditions laid on the Imam;
ii)    The Imamate of a person excelled by others
The decision of al-Rabi and his colleagues on these two points
was in favour of Abd al-Wahhab and his party. It was decided that
there must be no condition laid on the Imam, and that any suitable
person could be elected an Imam even if there were available men
of qualities superior to him. 182
As for Shua’ib b. al-Mu'arraf, he went to Tahert and joined the
rebels who fought Abd al-Wahhab before the arrival of the reply
from the Ibadhi scholars of the 'East'. However, Yazid b Fandin
was killed, his party was defeated, and Shua’ib headed back to
Tripoli where he _ continued his literary opposition to Abd al-
 Wahhab.183        ai-Rabi_b. Habib and his colleagues, on hearing of
 the attitude of Shua’ib and his hostile activities against Imam Abd
 al-Wahhab,      disavowed him.184 This attitude of al-Rabi made the
 remnants of Ibn Fandin's party sympathise with the opponents of
 al-Rabi among the Ibadhi scholars of the East of whom were;
 Shua’ib b. al-Mu'arraf, Abdullah b Abd al-Aziz, Abdullah b. Yazid
 and others.      This was how the connection between the two wings
 of the    Nukkarite   movement,   the  eastern   and   the   western    took
 place.
The     Nukkarite group of North Africa grew larger and formed their
own     communities and Azzabah councils.185 By the beginning of
the   fourth   century   H. they tried to establish    their own   Imamate
 under the leadership of Abu Yazid Mukhallad b. Kaidad, of Banu
Yifrin, the same Berber tribe of Yazid b. Fandin the founder of the
Nukkarite movement. Between the years 316-336 A.H. Abu Yazid
conquered most of central North Africa, but was defeated and
killed by the Fatimid ruler, al-Mansur b. al-Qasim, in the year 336
A.H.186
The    Nukkar    spread     all over North Africa and found their way into
Spain    as well, where they were strong enough to establish their
own city states.187          According to Ibn Hazm, the majority of the
Kharijites    of   al-Andalus      were   of the Nukkarite    branch    of the
lbadhis. 188
The extant literature of the Nukkar is very limited and cannot
therefore cover all aspects of their views. Hence one is obliged to
Study their views as presented by Wahbi Ibadhis. Their views are
to be found mainly in two small works devoted to the subject of the
difference    between     the Muslim groups.        The first work is a small
treatise   by Abu     Amr     Uthman    b. Khalifah al-Sufi (first half of vith
century A.H.) entitled: Risalah fi bayan kull firqah189 and contains
a useful     account of the views of the different Muslim groups.          The
other work is a poem (urjuzah) of 111 verses, composed by Shaikh
Salih b. Ibrahim b. Abi Salih al-Musabi,199 on the same subject as
the treatise of Abu Amr. Accounts of Nukkar views are also given
in the theological and historical works of the Ibadhis of North
Africa.
Abu    Ya’qub    al-Warijlani     gave the following account of al-Nukkar;
"In all schools (madhahib) there is no one who is nearer to us, and
at the     same time more remote, than they are out of malice,
haughtiness, ignorance and petulance."191 Abu Amr Uthman b.
Khalifah described them as follows; "They are              a group which is
very far from the truth (al-haqq), of a doubtful nature, and noxious
views.""192
However, Wahbi lbadhis regarded the Nukkar as 'infidels-ingrate’,
kuffar ni?’mah, and the relation between the two parties was of a
   CaS:
     5 /                               IN VBS
hostile    nature.       The following    are the    beliefs   of the Nukkar on
which they differ from Wahbi Ibadhis:
1)    The Names of Allah are created.
2)    The ‘proof of God is not compulsory.
3)    God's friendship towards the Muslims is mutable.
4)    Regarding the question of al-Harith and Abd al-Jabbar their
      decision is of 'reservation’ (wuquf).
9}    They took the position of 'reservation' in regard to all children
      (minors).
6)    The        knowledge of obligatory commands (faraid) with the
      exception of tawhid, the ‘Unity of God,' is not required
      although performing those commands is compulsory.
1)    God has not ordered people to perform super-rogatory acts
      (nawafil).
8)    Muslims who hold anthropomorphic views of God ( 4¢24-ll), are
      polytheists.
9)    Women who permit sexual intercourse in the prohibited areas
      per vulvam,          and men who       permit sexual      relations   among
       males       of    the category   known     as   (mufakhadhah)       are not
       kafirs.
 10)   He who         steals less than     1/4 Dinar is not punishable and is
       not     to be     regarded   as  kafir since    he   has   not  stolen  the
       amount which makes him subject to legal punishment.
 11)   Lustful eyeing of men or women, kissing, entering public
       baths naked, slapping others all these are minor sins and not
       major sins.
 12)   Friday service ( 4/5.) under tyrant’s rule is not lawful.
 13)   Gifts from tyrant rulers are not lawful.
14)   The         unknown      prohibitions,     (al-haram       al-majhul),   are
       permissible.
 15)   Drinking wine          out of ‘religious dissimulation’ (tagiyah) is
       lawful.
16)   The Imamate of the person excelled by others is not lawful.
17)    Maintaining the Imamate is not obligatory.
18)   The      nolytheists must ‘be ‘invited to ‘profess: the faith,
      shahadah,       and to declare '‘bara'ah' from the people of
      innovations (ahi al-bida).
19)   The apostate woman is not to be killed.
20)   With regard        to matters on which jurists form different
      opinions, the      truth lies in one opinion only and it is forbidden
      for people to disagree with it. 193
Those were most of the points of difference between the
Nukkarites and Wahbi Ibadhis as presented by the latter. it is
possible      that future discovery of works of the Nukkarites
themselves,      and   more    works    of the Wahbis,   will help to forma
Clearer idea about the Nukkarites and their views.
Besides    the Nukkarites, Ibadhi sources mention six other dissident
groups who held opinions different from the Wahbis. Two of them
were also founded for political reasons the Khalafiyah, and the
Naffathiyah.
ii       Khalafiyah
Khalafiyah, followers of Khalaf b. al-Samh, grandson of Abu al-
Khattab Abd al-A'la al-Maf’afiri, first Imam of the lbadhi state of
North Africa.194         Al-Samh, the father of Khalaf, was the wazir of
Abd    al-Wahhab      b. Abd Al-Rahman b. Rustam. At the request of
the   people of        Jabal Nufusah Abd al-Wahhab appointed him
governor of the Jabal.195             After the death of his father, Khalaf
tried  to  establish    an    independent Imamate in Jabal Nufusah and
the   surrounding       areas.196         His  view was that the distance
between the       Jabal and      the Capital of the Imamate in Tahert was
too far, and      divided by     large areas ruled by Aghlabids, which
made the administration ineffective. 197
According to Abu Amr Uthman b. Khalifah, this v wass the only point
of difference between the Khalafiyah and Wahbi Ibadhis, i.e. the
Khalafiyah held that every area or territory (hawzah) should have
an independent Imam and other Imams should not interfere with its
affairs.198       Khalaf started his movement during the last years of
the Imamate of Abd al-Wahhab (end of the 2nd century A.H.) he
ruled the Eastern part of the Ibadhi territory between Jadu and
Tripoli,    and      gained the support of both banu Yifrin and
Zawaghah.199            He fought two major battles against the Governor
of the    Jabal, Abu Ubaidah Abd al-Hamid al-Jannawani, the last of
which took place in the year 221 A.H./835 A.D.290 He also fought
the successor of Abu Ubaidah, al-Abbas b. Aiyub.291 After his
death, his followers continued their opposition to the Governor of
the Jabal and the Imamate of Tahert until the powerful leader of
 Nufusah, Abu Mansur Ilyas defeated them and forced them to flee
to Jerba Island where he surrounded their forces and captured
their leader al-Taiyib b. Khalaf.292            {t is reported that al-Taiyib
repented and spent the rest of his life in the Jabal.293
A minority of the followers of Khalaf held to their views while yet
 living with other groups of Nukkarites and Husainiyah in the
Eastern      part    of   Jabal   Nufusah   in Yifrin,  Babal,  Takbal,   and
Kikklah294 up to the time of Abu Yahya Zakariya b. Ibrahim al-
Baruni, (second half of 5th century A.H.) who gained them back for
the Wahbi school.295
IV       al-Naffathiyah
The    other    splinter group which appeared for reasons of a political
nature was        _al-Naffathiyah, followers of Naffath,296 Faraj b. Nasr.
They were also called al-Kitmaniyah.297
                                     188
          eae                      8: IN Va RSS
  Naffath     was     of Nufusi origin.        he studied in Tahert under the
  Rustamid         Imams      and other Ibadhi scholars of Tahert.208          A
  contemporary          student of his, was Sa'd        b. Abi Yunus, son of the
  governor        of Qantrarah.299          They went together to Tahert for
  Studies.       After   the   death   of   Abu Yunus, his son Sa'd decided to
  return to Qantrarah and Naffath also returned with him.219 As
  Naffath had attained a high standard of knowledge, he expected
 that Imam Aflah would appoint him governor of Qantrarah, the post
 which was vacated through the death of Abu Yunus. Instead,
 Aflah appointed Sa‘'d in the place of his father. Ibadhi historians
 Suggest that this was the reason which made Naffath bear hatred
 towards Imam Aflah, and begin propagating accusations against
 him.211
 The     correspondence          of Aflah with    his governors concerning the
 affair    of     Naffath shows that he possessed views which were
 regarded as heresies (bida).                 He was described as an ignorant
 youth of no experience. One of his heresies (bida) was referred to
 in one of the letters of Imam Aflah. In his last letter to Naffath,
 Aflah accused him of being one of those who believed that the
 rulers (ummal) of the Rustamid state who were in the 'stage of
 secrecy’      (kitman)     were no more than bishops (asaqifah), and they
were not to be obeyed, for they had no administrative power.212
The      following is the account of his views as stated by Abu Amr al-
Sufi:
1)      Allah is Everlasting Time (al-Dahr al-Daim). When he was
        asked what that meant, he replied; | found that in the 'book'
        (al-Daftar).
2)      The     Khutbah,     sermon,      at the Friday prayer is an innovation
        (bidah).
3) =
         a Imam who cannot “protect ‘his SS                            from ‘the
      oppression of tyrants has no right to exact zakat from them
      because he is weak and unable to fight and defend them. It
      seems that this was directed against Imam Aflah.                        It is
      reported that Naffath said, "To pay zakat to Aflah is like
      paying it to Nabar the king of the Sudan.'213 Among his
      other censures against Aflah, Naffath mentioned that Aflah
      had become fond of hunting and had neglected looking after
      the   interests    of Muslims;    appointed       his son to the Imamate
      while he was still living; and used rulers ‘'ummal' for collecting
      zakat, although it was not the custom of the Apostle of God.
      Naffath also claimed that Aflah embellished his physical
      appearance; his face was one cubit (dhira),214 his turban
      was one dhira, and his beard was one dhira.
With    regard    to the   legal  opinions    held    by   Naffath,   three  were
considered false by Wahbi Ibadhis:
!)    Concerning       heritage,   he  held   that the full brother's son was
      more     entitled to inherit than      the half-brother on the father's
      side.214
      It is not lawful for the owner ofa property of value to sell it
      through necessity of hunger, for he who owns anything of
      value cannot be in a state of necessity (idhtirar).
iii)  Presumption of death of an absent husband can only apply in
      cases of travel overseas (wara al-bihar).215
It appears that the attitude taken by Naffath which most seriously
disturbed      the Imam of Tahert and his rulers was his opinion
concerning       the  relation   between    the    Ibadhis    and   Ibadhi  rulers
during    the state of secrecy (kitman).        It is probably because of this
attitude that Nafflath and his followers were called al-Kitmaniyah.
       hehe                              IN. VR RSS.
There is no information about Naffath or any one of his followers
having written any works to expound their views. The only extant
work of Naffath known, a short letter preserved in a Ms., contains
a    number          of     letters     exchanged      between       early    Ibadhi
authorities.216         This letter was written by Naffath to Abu al-Qasim
Sadrat    b.     al-Hassan        al-Baghturi, (163-333) A.H.), one of the
leading scholars of Nufusah.21/                  The letter shows how Naffath
pictured the Ibadhi society of Nufusah and its leaders. In the letter
Naffath mentioned that most of the legal decisions (Fatwa) as
delivered by the rulers, were made without proper knowledge,
because      the   rulers     had    no fear of God,       and all those who had
knowledge were suppressed because of the ruler’s conceit. He
concluded his letter with the following words; "We ask God to
grant. us good patience, he who can be patient must be so, and he
who cannot be patient must conceal his faith and detach himself
from the people and their affairs."
According to some scholars,218 Naffath gave up his views and
repented after his return from the East (al-Mashriq), but there is no
evidence to support this suggestion. Although Naffath started his
opposition     to   the    Ibadhi     state  from political reasons, just like al-
Nukkar and          Khalafiyah, he never turned to violence in his
Opposition.         His theological and legal opinions were refuted
strongly      by     Amrus b. Fath and his colleague Mahdi al-
Wighawi.219
These    last    groups      were     founded   originally   for political reasons.
The Imamate            in Tahert faced political opposition on different
occasions, but in this chapter our study is concerned only with
those groups which possessed and developed theological and
legal opinions.
The   following groups maintained theological and juridical opinions
different from      those      of   the original Ibadhi movement but entered
into no political activities.
V, Vi Husainiyah and Umairiyah
al-Husainiyah       are the followers of Anmad b. al-Husain al-Atrabulsi
b. Abi Ziyad.220           According to the late Shaikh           Muhammad b.
Yusuf    Atfiyish, Ibn al-Husain is from Tarabulus al-Sham, but there
is no evidence         to support    this view.    On the other hand, there is
strong evidence that Ibn al-Husain came from Tripoli, Libya, for his
followers     were no Ibadhi groups in Syria at any time.           The earliest
Ibadhi   source     which    mentioned     Ibn    al-Husain   is the book of Ibn
Sallam.     When speaking about the Ibadhi scholars of the West (al-
Maghrib) Ibn Sallam said, "And in the city of Tripoli are Ammar and
his brother al-Hasan b. Ahmad b. al-Husain                   al-Atrabulsi b. Abi
Ziyad.     | met him in Ajdabia, after the year 260 A.H. on his way
 back from     the    Hajj." he further added, "Ibn al-Husain Ahmad and
 his party and companions adopted                 analogy (qiyas)."221     In this
 quotation it is clear that Ibn al-Husain was of the Ibadhi scholars of
Tripoli - Libya, and that he lived to the end of the third century A.H.
 According     to Shammakhi,       Ahmad       b.  al-Husain and Ibn Umarah,
 both   adopted       analogy    (qiyas)    and     followed    Isa  b. Umair    in
 theology and Ibn Ulaiyah           in jurisprudence.222 Shammakhi also
 reported that he saw a number of books written by Ibn al-Hussain,
 he added that the best of them are K. al-Maqalat on theology, and
 K. al-Mukhtasar on jurisprudence.223                 Unfortunately neither of
 these two books is extant today. The latest author to mention their
 existence is al-Shammakhi in the above quotation. It is reported
 that the books of Ibn al-Husain were extant in Warijlan in the
 beginning of the fourth century A.H.224 Among the Ibadhi authors
 of Nufusah       who    quoted   from K. al-Maqalat is Abu Tahir Ismail b.
 Musa    al-Jitali, in his book Qawaid al-Islam.229              One of the early
 Ibadhi scholars is reported to have said, "if it had not been for
Amrus_ b. Fath and Aflah b. Abd al-Wahhab who refuted the views
 of Naffath b. Nasr and Ahmad b. al-Husain, they would have won
the people of the 'West (al-Maghrib) to their schools."225
Most of     the   sources         which dealt with the subject speak about al-
  Husainiyah     and      al-Umairiyah together.          Ibn al-Saghir al-Maliki
 regarded      al-Husainiyah         as a continuation of al-Umairiyah,       the
 followers of Isa b. Umar.22/ This view is also confirmed by Abu
 Amr    Uthman     b.    Khalifah     al-Sufi,   who presented the views of the
 two groups together,228 and by al-Shammakhi, who stated that
 Ibn    al-Husain adopted the theological views of Bin Umar.229
 According to Abu Zakariya, Umairiyah was an independent schism
 from the beginning, and has no connection with the Ibadhi school,
 though they claim to be Ibadhis.230                   he also stated that they
 ascribed    most     of their legal        opinions to Abdullah b. Mas’ud, the
 Companion of the Prophet.231                   As for Isa b. Umair himself, not
 much is known about                   him.    Shammakhi mentioned that his
 disagreement with the Ibadhi Shaikhs took place during the time of
 Abu    Ubaidah Muslim b. Abi Karimah at the same time as Abdullah
 b. Yazid.232
 The   following     are     the   views    on  which these two groups differed
from the original Ibadhi movement.233
 1)    He who denies everything but God is not a polytheist.
2)     People    are      not    obliged    to know   the   Prophet   Muhammad,
       They are only asked to know what is called so!
3)    Those      who          maintain      wrong.   opinions     mistakenly  are
      polytheists.
4)    The 'proof of God can be obtained by contemplation.
5)    God has ordered the polytheists nothing but believing in the
      Unity   of God, and He has not forbidden them anything except
      polytheism.          If they believe in His Unity, they are subject to
      the other obligatory duties, and forbidden other sins.
6)    Love, blessing, friendship, quittance, hate and anger in
      relation to God are all actions and not attributes.
7) - Jews    are   hypocrites, and   Muslims “      maintain. wrong
     opinions based on wrong interpretation are polytheists.
8)   Each Prophet is sent by God with a special sign (alamah) by
     which he will be recognised and distinguished from the
     others, and he is not to be taken as a proof (hujjah) from God
     and as His messenger without such a sign.
9)   Those who observe unknown prohibitions are to be punished.
10)  It is permissible to observe certain prohibitions unless it is
     proved that they are prohibited by reason.
 11) Committing adultery, and consuming the property of the other
     persons is permissible to those forced to do so for ‘religious
     dissimulation (tagiyah), but they should make restitution
     afterwards.
Apart from the above mentioned points, there           are five   more
developed and maintained by Ahmad b. al-Husain;
     Superior merit as between people lies in capacity, (istita’ah),
     and assumption of religious obligations only and not in
     intelligence.
     The Apostles’ fear of God arises out of respect for Him, and
     not out of apprehension of His punishment.
     The inhabitants of Paradise live in eternal fear and hope.
     Dead     bodies will be consumed     by the earth,    except the
     coccyx from which they will be recreated.
     Walayah and baraah provided           certain  conditions   to be
     observed (bi al-shariah) is lawful.
The Husainiyah group were to be found in the Eastern part of
Jabal Nufusah, then they were won back to Wahbi school by Abu
Yahya Zakariya b. Ibrahim al-Baruni.294
The followers of Abdullah (Abdallah) al-Sakkak, a jeweller from the
Berber tribe of Lawwatah.239             he lived in Qantrarah, of South
Tunisia.      On_   seven points in his thought he differed from the rest
of the Ibadhis.236
1)     He denied the rule of sunnah and personal judgement, and
       held that the legal system is to be derived from Quran only.
li) | Prayers in congregation are an innovation (bidah).
li)    Calling to prayer (adhan) is an innovation.
iv)    Praying in clothes which contain lice is not permitted.
Vv)    In prayers, Muslims should recite only the Quranic verses the
       interpretation of which they know.
vi)    The grain threshed on a threshing floor is unclean (najas)
       because it is mixed with dung, and also vegetables from
       gardens in which dung is used are unclean.
This    group    was   strongly   opposed   by the Ibadhi scholars and its
followers    were    regarded as polytheists (mushrikun).     It is reported
that the Ibadhis bury the dead of non Ibadhi Muslims in the Islamic
way, but this group would drag them to pits.23” However, the
views     of   this  group    did    not spread outside Qantrarah, and
disappeared completely by the end of the fifth century H.298
 Vil =   al-Farthiyah
Like the Sakkakiyah, the disagreement between this present group
and the Wahbi school is mainly on legal points. It was founded by
Abu Sulaiman Ya’qub b. Muhammad b. Aflah, son of the Ibadhi
Imam of Tahert. he lived in Warijlan with his father. His father
used to warn the Ibadhis against his son and told them that he
read the books of Ahmad b. al-Husain.239
After the death of hisf father, Abu Sulaiman ss the way to
deliver    legal opinions,    and formulated certain points in which  he
disagreed with the Ibadhi school.240
1)    Dung (farth) is unclean (najais), the food which is cooked with
      intestines containing (farth) is unclean. It is because of this
      opinion the group got its name Farthiyah.
2)    Blood in the veins of the slaughtered animal is unclean, even
      after washing the blood of slaughtering part of the neck to
      which throat the butcher applies his knife (madhbah), the
      same is the case with the blood of the entrails.
 3)   The seat of the menstruating woman, and of men and women
      in the state of major ritual impurity, is unclean.
 4)   Eating the meat of the embryo (janin) of a slaughtered animal
      is forbidden.
 5)   Zakat is not to be paid except to relatives.
 This group was also strongly opposed by the Wahbi scholars. its
 founder died after his followers had built mosques in Warijlan and
 Tala.241 However, by the end of the sixth century A.H. the group
 had vanished completely.242
 From the previous study it appears that the most important Ibadhi
 group besides the Wahbiyah is al-Nukkar. All other groups did not
 last   long,   while    the Nukkar   remained   in existence  up  to the
 beginning of this century in Jerba Island, and Zwarah in Libya.
 The   historical   relation between the two groups was one of hatred
 and enmity, wars even occurring between them, though sometimes
 they tried to live together in peace.
       0hte                 ee S- IN, VARSSSSS~
 Those    were       Ibadhi    groups recognised by Ibadhi authors, but non
 lbadhi sources mention some other groups243 which were not
 known    to     the early Ibadhi sources on North Africa. It is likely that
 those groups were founded at the early stage of the movement in
 the ‘East' and also disappeared early.
 IBADHI WORKS ON THEOLOGY
 Theology received great attention from the Ibadhis. Although little
was done in the initial stages of the movement, the early Ibadhi
 Imams did not oppose this kind of study.
There were no special works written on the subject during the time
of Jabir b. Zaid or Abu Ubaidah Muslim. The documents surviving
from early Ibadhi leaders, such as Abdullah b. Ibadh’s letter to
Abd _ al-Malik b. Marwan, and the Sirah of Salim b. Dhakwan, were
concerned mainly with the political and social changes which took
place in the Muslim community, and the Ibadhis attitudes
regarding them.          However, they both contained the seeds of Ibadhi
theology      on    certain    matters.   It is also reported that Abu Ubaidah
Muslim     b.   Abi     Karimah     wrote   responses to theological problems
sent to him from Ibadhis of North Africa,244 but those responses
have not as yet been discovered by modern scholars.
Special    works       on   theology    started   to appear    after conflicts on
certain matters had taken place among the Ibadhis. The first in
the field among Ibadhis of the East was Abdullah b. Yazid al-
Fazari who wrote a number of books to express his views.249
The   earliest      work    written   by the    Ibadhis  of north Africa is K. al-
Tawhid al-Kabir, by Isa b. Algamah al-Misri. Information about this
book is very limited, but from what is reported, it appears that it
was written to refute the views of Abdullah b. Yazid al-Fazari.246
Isa b. ‘Alqamah was described by Abu Ammar Abd al- Kafi : as one
of the expert Ibadhi theologians.                He added     that he had
convincingly refuted the views of those who asserted that the
names and the qualities of God were created.24/
Although the Ibadhis of North Africa had faced strong opposition
from other neighbouring schisms, namely the Mu’tazilites during
the Imamate of Abd al-Wahhab b. Abd al-Rahman b. Rustam (168-
 190 A.H.) to the extent that the Imam was obliged to seek help
from theologians from Jabal Nufusah to refute the Mu’tazili views
in Tahert,248 there is no information about special books on
theology having been written by the Ibadhis of North Africa during
this period.
During the Imamate of Aflah b. Abd al-Wahhab (190-240 H.) new
controversies arose among Ibadhis in this field which needed
settlement.        It was during this period          that the Khalafiyah,
 Naffathiyah and Husainiyah groups,               mentioned earlier, were
founded, and their arguments had to be refuted.249                As these
splinter groups         had   been formed in the areas around Jabal
 Nufusah, Nufusi        theologians assumed the burden of discussing
and     disproving their arguments.2°9           Among the extant works
which were composed during this period are two short treatises of
Amrus Db. Fath; (a) al-Dainunah al-Safiyah, and (b) al-Radd ala al-
Nakithah wa - Ahmad b. al-Husain.291 Two other works were well
know during this period; they were both on theology and written by
Abd    al-Khaliq     al-Fazzani.   Unfortunately, these two works are still
lost.292
Among     the    theologians    of  other Ibadhi groups, only Ahmad    D. a-
Husain     wrote      a   book on theology entitled K. al-Maqalat.293
During    his   Imamate     9240-281     H.), Abu al-Yaqzan Muhammad Db.
Aflah wrote his treatise on the creation of the Qur’an.2°4               It is
reported    that   he was a great theologian, and wrote forty books on
the ‘subject of ‘capacity:            istilaah), alone,
                                                  «     ~       from aSe
                                                                      number
 letters and responses.295
 It is     not known if any other works were written after this period up
to     the    time    of   Abu     Khazr    Yaghia b. Zaltaf (d.380 H.) who
 composed his book known as K. Abu Khazr Yaghla b. Zaltaf,296 in
 reply to questions          sent to him from        some Ibadhi scholars, after
Abu Khazr had settled in Egypt.297
A contemporary and student of Abu Hazm, Abu Nuh Said b.
Zanghil also made contributions in this field. His book is known in
 Ibadhi sources as K. Said b. Zanghil. This book is still lost,298 but
from the citations by al-Barradi in his commentary on the poem o
Abu Bakr Ahmad b. al-Nazr, Shifau al-haim fi sharhi badi al-
Daaim, it appears that Ibn Zanghil's book dealt with the central
theological problems such as "What must not remain unknown of
the faith" Goal Gs alga au YL The ‘Vision’, 'Capacity’, the ‘creation’ of
the Qur’an, the speech of God,' etc.299 Both scholars, Abu Khazr
and     Abu Nuh, took an active part in the last attempt at reviving the
lbadhi Imamate in North Africa.260
In later periods further contributions to this field were made. A
great attention was paid to speculative theology, and a remarkable
number of important works was written. This was largely due to
the instigation of the Ibadhi scholar Abu Muhammad Abdullah b.
Muhammad           b.   Bakr   (d.  440 H.) originally from Farsattah in Jabal
Nufusah.         he   moved      to Ajillu in southern Algeria and formed the
Halqah and Azzabah councils.2°1                     He used to encourage his
students to study theology. Although there are no complete works
of theology ascribed to him, some of his views were included in K.
al-Tuhaf by his student Sulaiman’                     b. Yakhalaf. Abu al-Rabi
Sulaiman b. Yakhlaf started teaching theology in Jerba where he
was studying jurisprudence with Abu Muhammad Wislan. A large
number        of  Ibadhi students, from different parts of Ibadhi countries
of North Africa, gathered around him to study theology. It was
after the year 450 H. that his students asked him to write a book
on theology.        After an initial reluctance, he agreed to their wish
and allowed them to write down his lecturers, which he later edited
and approved.262 This work took a form of a detailed book of two
volumes, and was known as K. al-Tuhaf.263
Comparing        this book     with extant earlier works,       it is the   most
comprehensive        work,    and   contains   detailed   discussions     on the
following topics.
 Part   1.    What must not remain unknown of the faith; walayah and
baraah;     command      and    prohibition;   the  speech of God; faith and
infidelity (kufr); enjoining good and prohibiting bad; knowledge and
ignorance; prophethood and the Message (al-risalah); unknown
prohibitions; individual judgement and when it is lawful; proofs for
the existence of another world; the '‘stages' of the Ibadhi
community (masalik al-din); on regarding opponent Muslims as
polytheists and evil-doers (fussaq); eternity in Hell; the vision;
 lbadhis opinion of the people of al-Nahr; 'divine decree’; ‘Names'
and ‘attributes’ of God; God's 'friendship' and 'enmity;’ having
sexual intercourse in the prohibited parts not per vulvam; on the
undecided case of the two 'Muslims' suspected of killing each
other; the Proof of God; the Imamate; Friday service; gifts from
rulers; “help' and 'guidance' (al-awn wa-i'ismah); discussion of Ibn
al-Husain's       doctrine     on    God's     command       and _   prohibition
concerning      polytheists.      The last eleven topics are the questions
on which Wahbi Ibadhis differed from the rest of the Ibadhi groups.
In Part Il the following subjects are discussed; the obligation of
repentance; obligations (faraid); emigration (hijrah); the attitude
towards the apostate; the testimony of the dissident Muslims; the
wisdom      of God;    love of God;       substance    (jawhar)    and accident
(arad);    the  motions;     the ‘attributes’, senses; and finally, the Unity
 of God and refutation of anthropomorphism and equalizing things
with God.
The   contents    of the book       show   that it was designed to cover all
 known theological topics, and discuss contrary views of other
 groups such as Qadarites, Murjiites, Sufris, and Hashwiyah, as
well as the views of the other Ibadhi splinter groups.
The following       works were contributed by the students of Abu
al-Rabi:
 i)   Masail al-Tawhid,        by Abu al-Abbas Ahmad b. Muhammad b.
      Bakr 9d 504 H.).264
li)   K. usul al-din, by Tabghurin b. Dawud Isa al-Malshuti (lived
      during the second half of the fifth century H.).299
li)   The   third work is also written by Tabghurin b. Dawud Isa and
      known    as   K.   al-Jahalat.    The    author  in this work phrases
      questions        on different moot theological problems and
      answers them one by one. It is reported that the questions
      on man, distinction between infidelity and polytheism, and the
      signs (al-dalail) were added to the text by Abu Ismail Ibrahim
      b. Malilal,266     but the author of Sharh al-Jahalat, Abu Ammar
      Abd _ al-Kafi, says that the additions are ascribed to a number
      of Shaikhs, and he is not certain about who actually added
      them.267
After this stage, scholastic theology attracted the attention ofa
number of great Ibadhi scholars of North Africa.                 A group of
theologians emerged in the Ibadhi community of Warijlan and the
surrounding areas, and they all left significant works. In fact, the
works written in this period attained such a degree as was never
surpassed by North Africa Ibadhi scholars of any other time.
   CMS:
      Si /                              IN. VA BSSSS8s...
The     leading   scholar of this group was Abu Ammar Abd al-Kafi b.
Abi Ya’qub al-Tanawuti (first half of the sixth century H.).268 He
studied Ibadhi theology and jurisprudence under his teacher Abu
Yahya Zakariya b. Abi Bakr in Warijlan, and went to Tunis where
he       studied    Arabic      literature       and    grammar         at dZaitunah
University.269
He wrote three books on theology:
 i) | Sharh al-Jahalat;
 li)    K. al-Mujaz;
 iii)   K. al-lstila’ah.270
 The last of these is still lost. He also composed two other short
works:       Mukhtasar      fi al-faraid, and Mukhtasar Tabaqat al-
 Mashaikh,2/1 and laid down some rules for the Halqgah.272
 This chapter, however, is concerned only with his theological
 works.      The first book Sharh al-Jahalat is a commentary on K. al-
 Jahalat of al-Malshuti.           In Sharh al-Jahalat, Abu Ammar extends
 the answers given by Tabghurin b. Isa in al-Jahalat with detailed
 discussions,      ascribing     opinions        to their   original    sources,  and
 supporting the lbadhi views with more proof.
  His second book K. al-Mujazfi tahsil al-sual wa talkhis al-maqal fi
 al-raddi ala Ahli al-khilaf is a vast study of the theological views of
  Islamic and non-lslamic doctrines.                    The     book, designed to
 vindicate    the   Ibadhi   and     refute    other  views,     is  divided into two
 parts; the contents of the first part deal mainly with the views of the
 Atheists (mulhidun) and it is arranged as follows: Section (i) al-
 Dahriyah, who maintain the eternity of time and matter.                         This
 section is divided into three chapters - Astrologers, Naturalists,
 and Aristotelians.           Section       (ii) The doctrine of Thanawiyah;
 Dualism,     who    teach   that    light and     darkness      are   the  two equal
  eternal creative principles.2/3                 This section is also divided into
 three     chapters        - Manichaeans, Daisanis, and Mazdeans.               Section
  (iil) Those      who deny the Message of the Apostles. This section
 deals with        Brahmanism, Magians, and the People of the Book.
 These       latter were included for their denial of the message and the
 prophethood           of Muhammad.            Section (iv) The Anthropomorphists
 (ahl    al-tashbih).         The author divides the adherents of this doctrine
 into three groups, and discusses each group in a special chapter:
 a)      Those who regard anthropomorphism as a physical reality,
         and teach that God is a body in a real physical sense with a
         human shape, composed of flesh and blood, etc.
 b)      Those      who      teach   anthropomorphism without applying direct
         physical       reality to it, and hold that God is a body unlike other
         bodies, and is a light unlike known light, etc.
 C)     Those who wrongly impart anthropomorphic interpretations to
         Quranic expressions.
The second part of the book is devoted to the discussion of the
doctrine of the ‘people of the Qiblah, (i.e. Muslims)." The author
refutes their erring views, i.e. views contrary to those of the
 Ibadhis, and justifies the stand-point of the latter. The opinions of
Qadarites, Murjiites, Kharijites, Azariqah and Sufriyah, Mu’tazilites
Jabriyah, Jahmiyah, and the Hashwiyah, as well as other dissident
Ibadhi groups, are discussed in this book wherever they differed
from the views of Wahbi Ibadhis.
The     following       subjects     were dealt with in this section:       (i) 'Divine
Decree’.           (ii) ‘Divine Will’;    (ili) ‘Justice’; (iv) ‘Faith’; (v) ‘Promise
and Threat’;             (vi) Classification of the Muslims who commit grave
sins;      (vii) Creation of the Qur’an; (vili) The Proof of God against
people;        (ix) Religions other than Islam; (x) The 'Names'               of Allah;
(xi) Allah's friendship and enmity; (xii) The woman who permits
sexual intercourse other than           per vulvam:      (iii), The imamate:
(xiv) Refutation of the Mu’tazili view of the shedding of Uthman's
blood;      (xv) Refutation of the Zaydi view on the question of the
arbitration;      (xvi) Refutation of the Nukkari view on the question of
the Imam who is excelled by others; (xvii) The problem of those
who believe in the Qur’an, but teach wrong doctrines as a result of
incorrect interpretation.
The second scholar           in this group is Abu Amr Uthman b. Khalifah
al-Sufi, of Wad Suf           in southern Algeria. He lived during the first
 half other sixth century H.2/4 His main theological work is K. al-
 Sualat.2/9 He also wrote a short treatise on the Islamic sects,
 Risalah fi bayan kull firgah.           In the latter work, Abu Amr dealt
 mainly with the Ibadhi sects and presented a brief account of their
 views, but he also mentioned some of the other Islamic sects.29©
 His K. al-Sualat is a large work on theology,                with a mixture of
 literary explanations of theological expressions based on Qur’an,
 hadith, and ancient Arabic verse.             It is a work rich in data on he
 Arabic      language,      together    with     theological     opinions   and
 expressions        used among Ibadhi scholars and students.               This
 book, though ascribed to him, is in fact a transmission of the
 responses given to a large number of questions. The responses
 were    reported     by  Abu Amr from the students of Abu al-Rabi from
 their teacher Abu al-rabi Sulaiman b. Yakhalaf.                 The book was
 dictated by Abu Ya’qub Yusuf b. Muhammad, recorded by Isa b.
 Isa   al-Nufusi,    reviewed     by the students of Abu Amr and checked
 with the Ibadhi sources and the original sources of Arabic. Then it
 was examined twice, first by Abu Muhammad                         Abdullah Db.
 Sajmiman, al-Mu'izz b. Janawin and Abu al-Futuh, then givena
 final review by Abu Nuh Salih b. Ibrahim.2”77 The book contains
 detailed and elaborate answers to more than ninenty questions
 covering subjects such as the unity of God, Profession of the faith,
 walayah and baraah, command and prohibition, matters which
must ‘not remain "unknown, as well as ‘basic                NSS of religion
(usual al-din), nine of which form the items of the Ibadhi creed,
were pointed out.2/8
The   third       scholar in this group is Abu Ya’qub Yusuf b. Ibrahim al-
Warijlani (d. 570 H.). He studied in Cordova in Spain and became
one       of      the     outstanding       scholars     in  different    fields  of
knowledge.2/9
In scholastic          theology,   his main      contribution was his well known
book      K. al-Dalil li Ahli al-uqul,280             which consists of general
introduction on schisms              within    the Muslim community, and three
parts as follows:
In part      | the     author   set out the proofs for the          rightness of his
school,       and discussed the Ashi'ari views on the attributes, promise
and threat, and the creation of the Qur’an. He included in this part
his answers to a question sent from Abd al-Wahhab al-Ansari to
Abu Ammar Abd al-Kafi who had died before he could deal with it.
Part Il contains discussions on the subject of what must not remain
unknown of the religion (ma la yasau jahluhu). The author after
interpreting the opinions reported on this topic from Abu al-Rabi
Sulaiman         b.   Yakhalaf al-Mazati, went on to discuss the distinctive
views on         different matters as held by ten Ibadhi Imams in the
following        order:      Jabir b. Zaid, Azzan b. al-Saqr, Lawwab Db.
Sallam, al-rabi b. Habib, Aflah b. Abd al-Wahhab, Amrus b. Fath,
Abu al-Qasim Yazid b. Mukhallad, Abu Khazr Yaghla b. Zaltaf,
Muhammad             b. Mahbub, and Massalah b. Yahya, which section he
concluded with a brief study on logic, and even some notes on
arithmetic and geometry.
Part  Ill       consists of six long responses to questions addressed to
the author.           The first response is concerned with the question of
God's pleasure and wrath (al-rida wa al-sukht);
    SH       é            a 3S VIN \
ii) Ali's acceptance of arbitration; whether itvwas religious oor arose
from mundane motives.
iii)     |The question of God's promise to answer prayer (dua),
whether it relates to Muslims only or applies to infidels as well?.
 iv) A response concerning              a Tradition     reported in K. zahar al-
uyun of Ibn Qutaibah.
 v) On the question of whether sound is a ‘body’ (jism).
 vi) Finally, a response          to people of Jabal Nufusah on the three
following topics:
 a)    Walayah and baraah;
 b)     Defaming the Ibadhi faith;
 c)     The attributes of God.
  In  addition    to   this   book,    the   author   recorded    information    of
 theological    opinions    and   arguments       in his K. al-Adl wa al-insaffi
 usul al-figh wa al-ikhtilaf. (three volumes).281 Although this book
 is devoted      mainly to the study of the bases of jurisprudence (usul
 al-fiqn), the author also treated some theological questions.
 Perhaps this was because the book was written before K. al-Dallil,
 and    he wanted      to be   explicit    on certain theological matters, his
 views on which are to be found mainly in Parts | and Ill. In part],
 there is a detailed discussion on the question of the Proof and
 preaching of the message of God,282 and a detailed account with
 a   refutation     of   the views    of al-Batiniyah,     the  extremist   Shi'is
 (ghulat) and the Qarmatians.282 In Part Ill, there is also a
 detailed account of the Ibadhi views on faith and Islam,284
 infidelity, hypocrisy and polytheism,285 revolt (khuruj)285 and
 heresies.287 Late commentaries: a bibliographical summary.
After this “stage, i inn the® period between the endSS the fi fth and the
 eighth century H., Ibadhi, theologians formulated a number of
 creeds (Aqaid). Four of them were written by scholars from central
 North    Africa,     i.e.  Southern      Algeria,  southern  Tunisia and Jerba
 Island.      Two of these works have already been mentioned; the
 Masail al-Tawhid of Abu al-Abbas Ahmad b. Muhammad b. Bakr,
 and       the K. Usul            al-din by Tabghurin b. Dawud b. Isa al-
 Malshuti.288 The third Agidah was written by Shaikh Abu Sahi
 Yahya b. Ibrahim b. Sulaiman of Warijlan (6th century H.).289 The
 fourth    was    translated        into Arabic from Berber by Abu Hafs, Umar
 b. Jumai       (8th century H.).299 Although this translation was made
 during     the   eighth      century H., it is believed that the original text in
 Berber was        written earlier, probably about the end of the fifth
 century H. _        It is believed that it was written by some members of
 the Azzabah          council who also wrote the famous work on Ibadhi
 jurisprudence known with their name, Diwan al-Azzabah.291 (This
 formulation of the creed if also known as Aqidat al-Azzabah).
 However a decisive conclusion on this point is not possible.
 There are three other similar works by scholars from Jabal
 Nufusah. The first of these was written by Abu Zakariya, Yahya Db.
 al-Khair      b.   Abi      al-Khair al-Jannawani (6! century H.).           This
 Aqidah is known as Aqidat Nufusah.292 The second is in verse
 and     was      composed         by Abu      Nasr fath b. Nuh   al-Malushai    of
 Tamlushayt293             and     is known as al-Qasidah al-nuniyah fi al-
 tawhid.       The third and shortest was written by Abu Sakin Amir b.
 Ali al-Shammakhi (d. 792 H.) and is known as al-Diyanat.
 These Aqaid             were written in simple language - one of them
 Originally in Berber - and were short so that they could be easily
 memorised and understood by students beginning their studies
 and by ordinary people as well.
The works added by subsequent Ibadhi scholars of later times
were mainly commentaries on some of these creeds. The earliest
and most significant is the commentary written on the poem of Abu
Nasr by Abu Tahir Ismail b. Musa al-Jitali entitled Sharh al-
Nuniyah.294          In his other two works, Qawaid al-Islam and Qanatir
al-Khairat,     al-Jitali     included his own form of the Ibadhi theological
views,22°       but     it is remarkably brief compared with his large
commentary on al-Nuniyah which consists of three great volumes
containing a detailed study of Islamic theology.
 Before     moving to later periods, another author must be mentioned
here.      Although his contribution to the field of theology was not
great,    he preserved in his works many theological opinions from
 earlier   sources,       some     of which are still lost.   The author was Abu
 al-Fad! Abu al-Qasim b. Ibrahim al-Barradi.29© Two of his works
 contain material on theology.               The first entitled Shifa al-haim bi
 sharhi badi al-Daaim is his commentary of the first five poems and
 part of the sixth poem of the Diwan of Abu Bakr Ahmad b. al-Nazr
 al-Omani.       The first four poems deal with the topics of unity and
 refutation of anthropomorphism, the proof for the cognition of God,
 creation     of actions,       and   the  creation   of the    Qur’an.    He  also
 completed the commentary on the fifth poem on ablution and
 thirteen verses from the sixth poem on the festival prayers (Salat
 al-I'dain),   but   he     did  not   comment on the rest of the Diwan.        His
 other work is a short treatise                  designed to give the Ibadhi
 definitions of a number of useful technical terms. The treatise is
 entitled Risalah fi al-haqa’iq.297
 Towards the end of the eighth century H. lbn Jumai translated
 Aqidat al-tawhid into Arabic, and in 904 H. Abu al-Abbas Ahmad b.
 Said    al-Shammakhi (d. 928 H.) Completed his commentary on the
 Aqidah.        The        second     commentary     on   it was   written  by Abu
 Sulaiman Dawud b. Ibrahim al-Talati (d. 967 H.)}298 Among the
 theological     works based on this Aqgidah of Ibn Jumai is al-Luluah fi
iim   al-tawhid,      a    poem      (Urjuzah)      by    Qasim     b. Sulaiman      b.
Muhammad _ al-Shammakhi (d. about 1275 H.),299 who also wrote
a large commentary on his poem.300 Shaikh Abu Sittah wrote a
super      commentary           (Hashiyah)        on    the   commentary        of  al-
Shammakhi mentioned earlier.391 The last commentary on Aqidat
al-tawhid of Ibn Jumai was written by Shaikh Muhammad b. Yusuf
Atfaiyish (d. 1336 H.) and was lithographed in Algiers 1326 H.
Regarding       al-Qasidah         al-Nuniyah        of Abu    Nasr,   a number      of
commentaries         was    written     on  it apart from      the commentary        of
Ismail   al-Jitali   already     mentioned.        The first was written by Umar
al-Wirani (10tM - 11th century H.), and is entitled al-Musarrih. A
large   Hashiyah        on this commentary            was written     by his student
Yusuf al-Musabi (d. 1187 H.).302                    Another commentary on al-
Nuniyah was written by Abu al-Abbas Umar b. Ramadan al-Talati
and summarised by Abd al-Aziz b. Ibrahim al-Musabi (d. 1223
H./1808 A.D.) bearing the title al-Nur.303
On     the     Diyanat       of     Abu     Sakin      Amir   al-Shammakhi,        two
commentaries         were      written.       One      was   commenced        by Abu
Muhammad           Abdullah      b.    Said    al-Sadwikshi      (d. 1056    H.) and
completed by Yusuf al-Musabi.304 The other was written by Umar
al-Talati in 1179 H. and lithographed in Cairo in 1304 H.
The super commentaries written during this late period covered
also some of the extensive early works.                      Among these super
commentaries,          two were written by Muhammad b. Amr Abu
Sittah,305 namely: (i) Hashiyah Ala Sharh al-Jahalat; (ii) Hashiyah
Ala   al-Sualat.       A further contribution in this line was made by al-
Qutb    Muhammad          b. Yusuf Atfaiyish in his Tafasir on the Qur’an;:
Himyan     al-zad     ila dar al-maad,         and taysir al-tafsir      in which he
vindicates Ibadhi views             and defends their beliefs, 306 and also in
  SLA MES: IN. VA BRSSSSSS.
his   large commentary on the Diwan of Abu Bakr Ahmad D. al-Nazr
al-Omani.307
From the afore-going survey of the Ibadhi works in the field of
theology in the period starting from first half of the eighth century
up to the beginning of the present century H. it is clear that the
major works written during this period were either Shuruh or
Hawashi (commentaries) on earlier works. The only exception is
K. Ma’alim al-din of Abd al-Aziz al-Thamini al-Musabi which does
not fall into either category.308
Another line taken by later Ibadhi writings in theology was directed
against Sunni attacks on the Ibadhi school.                    In their three
communities       of    North  Africa,   Mzab,   Jerba   Island,   and   Jabal
Nufusah, Ibadhis faced literary attackers on their faith and beliefs
by Sunni opponents during the Ottoman rule.
Where      Jabal     Nufusah    was    concerned,   three   rejoinders    were
written   in reply    to accusations,    attacks  and questions of Sunnis
from Gharian and Ghadamas.               The first one was written by the
famous Ibadhi historian Ahmad b. Said al-Shammakhi in reply to a
treatise    written     by Sulah b. Ibrahim al-Ghadamsi.299             In the
introduction to his treatise Sulah al-Ghadamsi stated that he wrote
it as a rejoinder to certain 'papers' (awraq) which reached him from
some Wahbi Ibadhis containing views which he found himself
constrained to refute.319 He also mentioned that the Ibadhi writer
indicated fifteen points on which Ibadhis differed from Sunnis.3"1
However, those points were condensed to nine by Sulah, and he
discussed them all giving the Sunni views on each and refuting
what he considers to be the wrong views of the Ibadhis. .
The following are the nine points discussed by Sulah al-Ghadamsi
in his treatise:
 i)   The Qur’an being created.
 ii)  The ‘vision’ (al-ru’yah).
 lit) Anthropomorphism;        the ‘sitting on the Throne,' ‘face’ and
      ‘hand' of God.
 iv)  The truth of ‘faith (haqiqat al-Iman).
v)    Banishment of the punishment of grave sinners.
vi)   The Sunni view that the believer who persists in grave sin will
      enter Paradise even after entering Hell.
vii)  Sunni view on the possibility of forgiveness for people who
      have committed grave sins.
vill) On the committer of grave sin, whether he is still a Believer
      (Mu'min) or not.
ix)   Intercession.
Sshammakhi, in his criticism of the treatise of Sulah, defended the
lbadhi views and discussed all those points in detail presenting
views   of almost all different Islamic schools to prove that there are
many schools      besides   the Ibadhis which differ from the Malikis in
their views.
Another similar work was written in 1210 H. by Isa b. Abi al-Qasim
al-Baruni in reply to a treatise by an anonymous author form
Ghadamas. It appears that the author of this latter treatise wrote it
in reply     to another treatise written by some Ibadhis of Lalut
(Nalut).312     Although the treatise      dealt mainly with accusations
against   Ibadhis   of  anon-theological nature, concerned with such
matters    as Friday prayers, slaughtering etc. it also contained
theological arguments.          For example, it claimed that a large
number of Ibadhis disbelieve in resurrection.313
Before refuting the accusations levelled by the Ghadamasi author,
Isa al-Baruni began his work by out-lining the !badhi creed
(aqidah).314
          Khe
            A                     8: UN VARS SSS
The third response              was      written    in reply to a question sent from
 Gharian to the learned men of Jabal Nufusah.319 This reply was
 written      by    Abu      Ishaq       Ibrahim      b.    Ya’qub    al-Jadwi.   On the
 theological       side,    it dealt with         two topics only; the creation of the
 Qur’an, and the vision.
 The     fourth    and     latest work was to refute a fatwa delivered by the
 Mufti    of Tripoli,       Muhammad           b. Mustafa, in which he regarded the
 people      of Jabal       Nufusah        as one of the "misguided groups.’          The
 work     was     composed          by    Said al-Ta’ariti of Jerba and entitled; al-
 Maslak al-mahmud fi ma’rifat alrudud.316
 As    for Mzab        and    Jerba       Island,    the first work of similar nature to
 appear was          the Jawab          of Abu Mahdi Isa b.          Ismail al-Musabi (d.
 971 H.),317 which he wrote on behalf of the Mizabis in reply to a
 Jawab       by the Maliki          Shaikh,      Abu     Ali b. Abi al-Hasan al-Bahluli.
 Abu     Mahdi,      in his     Jawab, defended the Ibadhi views and refuted
 the accusations made against Ibadhis by the Maliki Shaikh.318
  Later,    the task of defending                Ibadhi    views   was    championed    by
  Shaikh      Muhammad           b.    Abi al-Qasim al-Musabi and his son Yusuf
  b.    Muhammad,           (ob      1187      H.).319         The former wrote many
  responses in reply to attacks from Sunnis. One of these was to
  questions raised by an anonymous Sunni author, which was found
  in a written form in the mihrab of the mosque of Ghardayah. From
  the reply of al-Musabi, it appears that the questioner regarded the
  Ibadhis      as   Mu’tazilis,        and    mentioned       the  Ibadhi   views  on  the
  question of ‘vision’ (al-ru’yah) and eternal existence in Hell for the
  Muslims who did not repent for committing major sins.
  In his reply, al-Musabi rejected the classification of Ibadhis as
  Mu’tazilis, discussed the two other points on vision and abiding in
  Hell,     and gave his answers to the linguistic and grammatical
  questions by the questioner.320
The secondi rejoinder (Jawab) was to a letter from the city of
Algiers also by an anonymous Sunni. It appears that the Sunni
writer referred to Ibadhis, in his letter, variously as Mu’tazilis,
Marigah, or Rafidah.             He also accused them of hating Abu Bakr,
 Umar, and Ali and claimed that they name their sacrificial animals
with    the  names of Abu Bakr, Umar, and Ali then kill them!!            Again,
before refuting       these    accusations,     al-Musabi outlined the Ibadhi
agidah.
 His   son   Abu    Ya’qub Yusuf b. Muhammad al-Musabi wrote a long
letter to Ahmad         Pasha the ruler of Tripoli, (1123      - 1158 H.),921
concerning       the testimony of the Ibadhis. _ It is reported that this
event took       place in the year 1155 H._ In the introduction to his
letter,   al-Musabi     stated    that the   reason  for  writing it was thata
group of Ibadhis from Jerba_ Island had testified in a case in the
court of Ahmad Pasha, but some learned men had told him that
their    testimony was not to be accepted - thus creating anxiety and
perplexity.    | Therefore         he   presented   the  Ibadhi     creed,   and
discussed       the   question       of  testimony using Sunni and Maliki
sources. 323
The aqidah included in the response of Muhammad al-Musabi is
the same agidah included in the responses of his son Yusuf b.
Muhammad al-Musabi.                it is not known whether this creed was
composed by Muhammad al-Musabi or was written earlier, but it
was certainly not one of the previously mentioned creeds.324
A number of works           of this nature were written by Muhammad
Yusuf Atfaiyish and         other later Ibadhi scholars such as Qasim b.
Said al-Shammakhi, Abdullah al-Baruni and Said b. Tarit.
IBADH! THEOLOGY
1    Masqueray, E., Chronique d'Abou Zakaria, Algiers, 1898.
2     Motylinsky, L'Aqgida des Abathites., Algiers, 1905.
3     Goldziher, in Revue de histoire des Religious., LIl, (1905),
     232 ff.; Nallino, "Rapporti fra la dogmatica Mutazilita e quella
     degli    Ibaditi   dell’ Africa Settentrionate," in R.S.O., Vil, Roma,
     1916-18,       455-60.     Arabic translation by Badawi, A. al-Turath
     al-Yunani., Cairo, 1946, 204-210.
     Thomson,         W.,    "Kharijism  and    Kharijites," Tne   Macdonald
     Presentation Volume, Princeton, (1933), 386.
     Marino,      "Note    di teologia   ibadita," A.1.O.N., Ill, (1949), 299-
     313.
     Roberto Rubinacci, "La professione di fede di al-Gannawuni,"
     A.1.0.N., XIV, (1964), 552-92.
     Tritton, Muslim Theology., London, (1947), 7.
     Cf. supra, 57.
     al-Rabi b. Habib, Musnad, Vols. III & IV.
     There      is a detailed discussion of the subject in K. al-Mujaz of
     Abu Ammar Abd al-Kafi, Ms. 1, 48-92.
     Qur’an: Il, 478.
     Ibid., Il, 245.
     Ibid., XXV, 46.
     al-Rabi b. Habib, Musnad., Ill, 42-43.
     al-Rabi b. Habib, Musnad, Ill, 44.
     Ibid., Ill, 45.
     Ibid., Ill, 51. For more detail cf. Abu Ammar, Mujaz., 1, 48-92;
     al-Barradi, al-Bahth al-sadiq wa al-istikshaf., Ms.               Il, 155b-
     168a.; Jitali Sharh al-Nuniyah Ms. 151-168.
18   al-Rabi b.Habib, Musnad., III, 44; Warijlani, Dalil., 14b.
19   al-rabi, op.cit., Ill, 50.
20   Ibid., III, 45-46.
21   Ibid., Ill, 49-50
22   Ibid, III, 52
23   Ibid., Ill, 50
 24   Ibid.,   11,46
                              =S- IN \ARSIISS.
 25   Ibid.,   Ill, 49
 26   Ibid.,   I, 22
 2/7  Ibid.,   Ill., 37
 28   Ibid.,   Ill, 35
 29   Ibid., Ill, 35-42.       For further discussion on the subject cf.
      Jitali, op. cit., 1, 170-181; Tabghurin b. Isa, Usul al-din., 65-69
 30   al-rabi b.Habib, op. cit., Ill, 53
 31   Loc. cit.
 32   Loc. cit.
 33   Ibid., Ill, 19-60
 34   Ibid., Ill, 38-39
 35  al-Rabi b. Habib, op. cit., Ill, 39
 36   For further details cf. infra, 337
 37  Talati, Sharh al-Diyanat., Ms. 4 ff.
 38  Tabghurin b. Isa, Usul al-din., 68-69, 72
39   al-Rabi b. Habib, Musnad., IV, 25
40   Ibid., Il, 13
41   Ibid., Ill, 15
42   Ibid., Ill, 13
43   Ibid., Ill, 13-14
     Ibid., 111,14
45   Ibid., Ill, 13
46   Wensinck,          A.J., Concordance       et indices de la Tradition
     Musulmane., Leiden, 1965, IV, 317-18
4/   al-Rabi b. Habib, op. cit., Ill, 14
48   Watt, M., Free Will and Predestination in Early Islam., 1946,
     40 If.; Barradi, Shifa al-haim., Ms. 206
49   Darjini, Tabaqat., Ms. 231-32.; Shammakhi, Siyar., 85.
90   Ibid., 85
o1   Darjini, Tabaqat., 222. Jitali, Sharh al-Nuniyah., Il, 74
92   Jitali,  op. cit.,Il, 74
03   Loc. cit.; Barradi, Shifa al-haim., 224-25
     Darjini, op. cit.; 222
95   Darjini, op. cit., 228.; Jitali, op. cit., Il, 74-75
            EUES               IN \BNSSsss.
   The origin text is ( eo> J) Uo         )
37 Darjini, op. cit., 229
58 Jitali, Sharh al-Nuniyah.. li, 62
59 Talati, Sharh al-Diyanat., Ms. 7-9
60 Jitali, op. cit.; Il, 70
61 Loc. cit.
62 Ibid., Il, 68
63 lbadi fragments, Baruniyah, Jerba
64 Cf. infra, 256
65 Warijlani, al-Adl wa al-insaf., Ms. |, 297-307; Barradi,
   Jawahir., 96-97
66 Wensinck, Muslim creed., 41-42; For the Ibadi version of this
   Tradition cf. al-Rabi b. Habib, Musnad., |, 15
67 Nicholson, Literary history of the Arabs., 211
68 Mubarrad, Kamil., Cairo, 1364, Il, 179; Cf. supra
69 The letter of Abdullah b. Ibad to Abd al-Malik b. Marwan;
   Barradi, Jawahir., 165
70 Cf. supra, 70-71
1  Al-Kindi, Bayan al-shar., Ms. Ill, 483-484
72 Baghdadi, al-Farq bain al-firag., 86-87
73 Sulaiman al-Baruni, Azhar., 255-58
74 Warijlani, Dalil., 103 b.
79 Jitali, Sharh al-Nuniyah., Il, 238-39
76 Ibid., Il, 221
V7 Abu Ammar,         Sharh al-Jahalat., 28a, 39a-41b.; Jitali, op. cit.;
   li, 213
78  Ibid., Il, 213-214; Abu Ammar, al-Mujaz., Il, 58-65; Sharh al-
   Jahalat., 90a-91b
79 Jitali Qanatir al-Khairat., my edition, |, 371
80 al-Rabi b. Habib, Musnad., Ill, 2-6
81 Jitali, Sharh al-Nuniyah., II, 222-223
82 Tabghurin b. Isa, Usul al-din., 21-34; Cf. infra, 259
83 Jitali, Qawaid;              cf.infra, the edited texts, I, 25
84 Cf. infra, 480 ff
85 Watt, M., Islamic philosophy and theology., 12
86   Abu al-Faraj al-Isfahani, Aghani., XXIII, 132
8/7  Warijlani, Dalil., 66a
88   Al-Kindi, Bayan al-shar., Ms. Ill, 485
89   al-Rabi b. Habib, Musnad, IV, 31
90 = Ibid., Il, 90
91    Ibid., Ill, 6, 15
92    Ibid., IV, 19
93     Ibid., Ill, 4
94   Cf. infra, 331 ff
95   al-rabi b. Habib, op. cit., Ill, 16
96    Ibid., Ill, 16
97 = Ibid., Ill, 16-17
98   Al-Qutb, Sharh al-Nil., X, 383. Cf. also, Shahrastani,Milal., |,
      176. Rubinacci in Religion in the Middle East, Il, 309,
     ascribes this view to Ibadhis!!
99    Ibn al-Nadim, Fihrist., Cairo, 1348, 40
100  Subhi al-Salih, Mabahith fi ulum al-Qur’an., 159
101  Abdullah b. Yazid al-Fazari, K. al-rudud., Ms.33
102  Khamis b. Said, al-Minhaj., al-Baruniyah Ms. |, al-qawl al-
     sadis ashar.; Barradi, Shifa al-haim., Ms. 285-86, Salimin,
     Tuhfat al-a'yan., |, 128-129.
103  Loc. cit.
104  Warijlani, Dalil., 7a.
105  Barradi, Shifa al-haim., 285.
106  Ibid., 286; Warijlani, Dalil., 149a.
107 Loc. cit.
108 This treatise       is included   in K. al-Jawahir of al-Barradi, 183-
     201.
109  Ibn Saghir, Chronique sur les Imams Rostemides., edited and
     translated by Motylinski, 27-30.
110  al-Rabi b. Habib, Musnad., I, 18.
111  Ibid., 1, 18-19; Il, 10; For further details cf. J. Wilkinson,
     Oman., D. Ph. thesis, Oxford, 1969, 64-88 and Appendix F:
     The Imam and his Powers.
112  Cf. infra, 397ff.
113   al-Rabi, op. cit., IV, 31.
114   Ibid., IV, 31-32.
115   Ibid., IV, 31-32.
116   Loc. cit.
117   Loc. cit.
 118  Cf. Qur’an: XLVIII, 2.
 119  al-Rabi b. Habib, op. cit, IV, 32-34
 120  Ibid., Il 31-33, traditions: 483, 487, 490.
 121  Ibid., Il, 32
 122  Jitali, Qanatir al-khairat., my edition, |, 316-490.
 123  al-Rabi b. Habib, Musnad., IV, 26-27
 124  Goldziher, in Revue de L'histoire des Religions, Lil, 232.
 125  Nallino, "Rapporti fra la dogmatica Mutazilita e quella degli
      Ibaditi dell Africa settentrionale, "Rivista degli studi orientali,
     Vil, 955-60.
 126 Arberry,       general editor,    Religion    in   the    Middle    East;
     Rubinacci, "Ibadis,” Il, 309.
 127 Thomson,           "Kharijism     and      Kharijites,".       Macdonald
     Presentation., 386.
128  Watt, Islamic Philosophy and Theology., 61.
129  Schacht, Origins of Muhammadan jurisprudence., 258.
130  Cf. supra, 205-210.
131  Qur’an., IV, 31.
132  Warijlani, Dalil., 48b.
133  Qur’an., XXXIX, 53.
134  Qur’an., IV, 48.
135  Qur’an., IV, 31.
136  Qur’an., LXXIl, 23.
137 Qur’an., XX, 82.
138  Warijlani, op. cit., 48b.
139  Cf. supra, 237-39.
140  Studia Islamica., IX, 71-82.
141  Shammakhi, Siyar., 83.
142  Loc. cit.
143  Darjini, Tabagat., Ms. 231-32.; Shammakhi,            op. cit., 85.
     Loc. cit.
     shammakhi, op. cit., 116.
     Ibid., 125. Cf. infra, 259.
     Abu Zakariya, Siyar., Ms. 7a; Darjini, op. cit., 25-27.
     Darjini, op. cit., 229; Shammakhi, Siyar., 86.
     For further details cf. Tabghurin b. Isa, Usul al-din., 45-50
     Al-Ragqiq al-Qairawani, Tarikh., editor al-Ka'bi. 173.
     lbn Saghir., Chronique., 16.
     Qalhati, al-Kashf wa al-bayan., Ms. 196b-197a.
     al-Qutb,     Sharh      al-Nil.,  X,   325;   Sharh    al-Aqidah.,     115;
    Abdullah b. Yahya al-Baruni, Sullam al-ammah., 12.
     Motylinski, "L’Aqida des Abadhites," (Recueil de memoires et
    de     textes      public en honneur du XlVe Congres des
     Orientalistes.,     Algiers,     1905,   505-545;   Rubinacci,     R., "La
     professione'     di fede di al-Gannawuni,” A.I.O.N., N.S., 14,
     (1964), 553-595.
155 The term "names" here refers to the names of the different
    groups of people with regard to their attitude, whether they
    are Muslims, Hypocrites, or Polytheists, etc., and not to the
    "Names" of God.
156 Qur’an., VI, 103. Arberry's translation.
157 Qur’an., XLIX, 9. Rodwell's translation.
158 Qur’an., X, 44. Arberry's translation.
159 The     Arabic   word      is al-ibad,   which   means    also  people     in
    general, regardless of whether they believe or disbelieve in
    God.
160 This term, "infidel-ingrate" is suggested by my supervisor
    Professor      Serjeant      for the Arabic    term  (kafir kufr ni?mah)
    which     is used     in Ibadhi writings for the Muslims who commit
    major sin.
161 Shammakhi, op. cit., 104-105.
162 Loc. cit.
163 Shammakhi, op. cit., 104-105.
164 Abu Zakariya, Siyar., 16a; Darjini, Tabaqat., 53.
165 Ibid., 53; Abu Zakariya, op. cit., 16b.
166 ibid., 16a; Darjini, op. cit., 53
167 Abu Amr al-Sufi, Firag., 53.
168 Loc. cit.
169 Abu Zakariya, op. cit., 16a.
170 al-Qutb, Risalah shafiyah., 52.
171 Shammaknhi, Siyar., 280; Sufi, Firaq., 53.
172 al-Mas'udi, Muruj al-Dhahab., Il, 137; Ibn Hazm, Milal., Il,
    112.
173 Ibn al-Nadim, Fihrist., 258; lbn Sallam, Bad’u I-lslam., 13.
174 The Ms. of this book is in the possession of Aiyad al-Azzabi
    of Zwarah, Libya. He was kind enough to lend me the Ms. for
    consultation for this study.
175 Warijlani, Dalil., 66a; Sufi, Firag., Ms. 2-3.
176 Sufi, op. cit., 2.
177 Ibid., 3.
178 Abu Zakariya, op. cit., 15a; Darjini, op. cit., 50.
179 Ibid., 53-55; Abu Zakariya, op. cit., 16a-17a.
180 Darjini, op. cit., 51; Abu Zakariya, op.cit., 15a.
181 The text of the reply of the Ibadhi scholars of Basrah is
    quoted      by Abu Zakariya, Siyar., 15b-16a;           by Daarjini,
    Tabagat., 51-52; and by Shammaknhi, Siyar., 147.
182 The Nukkarite argument on this point is preserved in al-
    Diwan al-ma’rud K. al-mumtani’in min al-hudud., Ms. 6-8.
183 Darjini, op. cit., 57; Shammakhi, Siyar., 135.
184 Ibid., 153; Darjini, op. cit., 57. Ibn al-Saghir al-Maliki gave
    different account of he war between Abd al-Wahhab and Ibn
    Fandin and the reason behind it, Chronique sur les Imams
    Rostemides., 17-20.
185 Abu Zakariya,       Siyar., 40b;  Lewicki,  Art. "Halka" in E.I., gnd
    edition.
186 For the revolution of Ibn Kaidad, cf. Ibn Idhari, al-Bayan al-
    Mughrib., 1, 216-220; Abu Zakariya, Siyar., 38a-40b; Danjini,
    Tabagat.,     97-105; S.M. Sten, Art. Abu Yazid al-Nukkari", E.I.,
    2nd edition, 163-164.
187  For more. “detail cf. Lisan al- Din b. al- ~        aS SS
     man buyi’a qabi al-htilam., editorE. Levi-Provencal, Beirut,
     1956
188  lbn    Hazm,     Milal., IV, 189. The contacts between the Nukkar
     and     the Umayyad dynasty in Spain started in the year 333 H.
     after Abu       Yazid conquered Qairawan, (Ibn Idhari, Bayan., Il,
     212-13).       Later, in 381 H., the Nukkar of the Berber tribe of
     Zanatah were forced to cross over to Spain by their enemies
     the Sinhajah. Ibn Abi Amir welcomed the Nukkar and gave
     them shelter and straightened his army with their men. (Ibn
      Idhari, Bayan., II, 293-94; Ibn Haiyan al-Qurtubi, al-Muqtabas
     fi akhbar al-Andalus., editor al-Hijji, Beirut, 1965, 191-194).
189 This      treatise was published with other Ibadi works. No place
     or date are shown onmy copy. | am also using Mss. of the
     treatise in my possession.
190  Ms. in the possession of Shaikh Salim b. Ya’qub, Jerba.
191  Warijlani, Dalil., 14b-15a.
192  al-Sufi, Firag., 56
193  The view of the Nukkar presented here was collected from he
     following sources: Abu            Amr Uthman b. Khalifah al-Sufi,
      Firag., 53-56; Sualat., Ms. 41, 53, 164, 259, 232, 302; Abu
     Zakariya, Siyar., 15a ff.; Abu Ammar Abd al-Kafi, al-Mujaz.,
     Ms. Il, 79 ff: Shammakhi, Siyar, 146-154; Barun Al-Azhar al-
     riyadiyah., 99 ff.
194   Darjini, Tabaqgat., 70.
195   Ibid., 69; Abu Zakariya, Siyar., 24a.
196  Abu Zakariya, op. cit., 25a; Darjini, op. cit., 71-72.
197   loc. cit.
198  Sufi, Firaq., 57-58.
199  Shammakhi,        Siyar, 183, 224; baruni, Azhar., 167.
200  Baghturi, Siyar Mashaikh Nufusah., Ms. 124-127.
201 Shammakhi, op. Cit., 196 ff.
202 Ibid., 224 — 225
203 Darjini, Tabagat., 88
204 Shammakhi,        op, cit., 546
205 Ibid. 546 - 547
206 The ‘form of this name as shown in some old Mss. is Naflat;
      the modern Ibadhi scholar Sulaiman al-Baruni used the same
     form in his work al-Azhar al-riyadiyah.              (pp. 195-210).
      According      to some old sources, his name is Faraj and he was
      given the title Naffath by Imam Aflah because he inspires
      people with evil ideas. The form therefore should be Naffath
      from the word —«( nafatha )
207 Sufi, Firaq., Sb
208  Abu Zakariya, Siyar., 29b.
209  Loc. Cit.; Darjini, Tabagat., 79
210  Loc. Cit.
211  Abu Zakariya; op. Cit., 30a; Darjini, op. Cit., 80
212 Baruni,      Azhar.,   204 — 205.    The   correspondence     of Aflah
      concerning Naffath is quoted on pp. 199 -— 205. The term
      Asaqifah, (sing. Usquff), expressing a certain rank among
      Christian monks, was used probably because it was still in
      use      among      the  Berbers    of Nufusah who professed
      Christianity before Islam
 213 Suf, Firag, 57
 214 The     rule in this case,   as agreed     upon  among   the   Ibadhi
       scholars, is that brothers and sisters on the father’s side
       inherit where there are no full brothers or sisters to prevent
       them.      Sons and daughters of the full brothers do not inherit
      with the brothers and sisters on the father’s side. Cf. Al-Sufi,
       Mukhtasar al-faraid., 8; Jitali, Fara’id., Ms. 4b
 215 For these views of Naffath, cf. Sufi, Firaq., 56-57; Abu
       Zakariya, op. Cit., 30a-b. Baghturi, Siyar., Ms. 97; Baruni,
      Azhar., 195-196
216 Cf. My “description of new Ibadhi Mss.,” J.S.S., XV, 1, 65
217  Shammakhi, Siyar., 235
218  Baruni, Azhar., 210
219  Baghturi, op. Cit., 97
220  Ibn Sallam, Bad ul-lslam., Ms.60
221 Loc. Cit
222 Shammakhi. op. cit., 262
223 Loc. Cit.
224 Ibid., 366
225 Jitali, Qawaid, Ms.
226 Shammakhi, op. Cit., 262
227 |lbn Saghir, Chronique., 16
228 Sufi, Firaq., 58
229 Shammakhi, op. Cit., 262
230 Abu Zakariya, Siyar., 14b
231 Ibid., 14b; Darjini, Tabaqat., 49
232 Shammakhi, op. Cit., 105
233 Sufi, op. Cit., 58-59
234 Shammakhi, op. Cit., 546
235 Abu Zakariya, op. Cit., 46a; Darjini, op. Cit., 118
236 Loc. Cit.
237 Loc. Cit.
238 Sufi, op. Cit., 60; Abu Zakariya, op. Cit., 46a
239 Ibid., 42b; Darjini, op. Cit., 107
240 Ibid., 107-109: Sufi, Firag, 60
241 Ibid., 60; Darjini, op. Cit., 119
242 Sufi, op. Cit., 60
243 For    more information about these groups cf. Ash’ari, Maqalat
     al-Islamiyin., editor Ritter, 102-111; Baghdadi, Farq., 16-56;
     Shahrastani, Milal., 180-184; lbn Hazm, al-Fasi., 188-192
244 Jitali, Sharh al-Nuniyah., II, 305
245 Cf. Supra, 261
246 Shammakhi, Siyar., 122
247 Abu Ammar Abd al-Kafi, al-Mujaz., Il, 99
248 Abu Zakariya, Siyar., 19a; Darjini, Tabaqat, 59 ff
249 Cf. Supra, 271-281
250 Baghturi, Siyar., 97; Wisyani, Siyar., Ms. 2; Cf. Supra
251 Cf. My “description of new Ibadhi Mss.,” J.S.S., XV, |, 80-81
252 Shammakhi, Siyar., 190, 229
253 Cf. Sura, 278
254 This treatise is included in K. al-Jawahir of al-Barradi. Pp.
      182-201
255 Wisyani, Siyar., Ms. 20
256 Cf. My “description of new Ibadhi Mss.,” op. Cit., 82
257 For the biography of Abu Khazr cf. Abu Zakariya, Siyar., 49a
      ff.; Darjini, Tabagat., 119-143; Shammakhi,         Siyar., 346 ff
258 Cf.      Motylinski,    “Bibliographie      du   Mzab,”      Bulletin de
      Correspondence Africaine, III, (algiers 1885), 24, no. 53
259 Barradi, Shifa al-haim., Ms. Pp. 48, 53, 181, 276, 298, 305
260 Cf. Note 257
261 For the biography         of Abu     Abdullah  Muhammad b. Bakr cf.
      Abu     Zakariya,  op.    Cit., 65a — 68a; Darjini, op. Cit., 166-188;
      Wisyani, Siyar., Ms. 30 — 33; Shammakhi, Siyar., 384 ff
262 Abu Zakariya, op. Cit., 68a ff.; Darjini, op. Cit., 190— 193;
      Shammakhi, Siyar., 412 ff
263 Cf. my “description of new Ibadhi Mss.,” op. Cit., 72-73
264 Ibid., 73. For the biography of Anmad b. Muhammad b. Bakr,
      Cf.     Wisyani, Siyar., 33-34; Darjini, op. Cit, 408-411;
      Shammakhi. Siyar., 423-25
265 Cf. infra, part Il, text No. ii. This work was one of the texts
      edited as part of this thesis
266 Wisyani, Siyar., 27
26/7 Abu Ammar, Sharh al-Jahalat., 122b
268 Darjini, Tabagat., 10; Abu Zakariya al-Baruni, Tabaqat., 15
269 Darjini, op. Cit., 442-446; Shammakhi, Siyar., 427-428, 441-
      443
2/0 lIbid., 441; Darjini, op. Cit., 50
2/1 Cf. my “description of new Ibadhi Mss.,” op. Cit., 86
2/72 Abu al-Rabi Sulaiman b. Yakhlaf, Siyar, 91-105
273 Sh. E.1., 592
274 Darjini, op. Cit., 9; baruni, op. Cit., 15. For his biography, Cf.
      Darjini, op. Cit., 440-441; Shammakhi, op. Cit., 440-441
275 There are a number of extant Mss. Of this work in Nufusah,
      Mzab, and Jerba. | am using, for this study, the Ms. Of Ali
      Milud al-Marsawani of Ruhaibat, Nufusah
2/6 Cf. Note 189
277 Abu Amr Uthman b. Khalifah, Sualat., Ms. 10, 142
2/8 Ibid., 252 ff
279 For the biography           of Abu   Ya’qub  al-Warijlani,    cf. Darjini,
     Tabaqat., 447-450; Shammakhi, op. Cit., 443-445
280 This work was lithographed in Cairo, al-Baruniyah, 1306. Two
      chapters of the book were translated into French by I.S.
     Allouche, “Deux epitres de theologie abadite.,” Hesp., 22
      (1936), 57-88. | am using for this study the Ms. Of the book in
     the British Museum,         No. Or. 6564
281 Cf. Schacht, “Bibliotheque et manuscrits Abadites., “Rev.
     Afr., 100 (1956). 380. | amusing a Ms. In my possession. |
     am preparing a critical edition; of this work
282 Warijlani, al-Adl wa-l’insaf., Ms. |, 128
283 Ibid., |, 222, 235
284 Ibid., Ill, 95, 145
285 Ibid., Ill, 109
286 Ibid., Ill, 77
287 Ibid., Ill, 124
288 Cf. supra, 291
289 Schacht, op. Cit., 391. | have not seen this Agidah
290 For the      biography     of Ibn Jumai, cf. Shammakhi, Siyar, 561-
     62; Abu Ishaq Ibrahim Atfaiyish, Mugaddimat al-tawhid wa
     Shuruhuha, Cairo, 1353, Introduction, 2-4
291 About     the   Diwan,    Cf. K. al-Nil wa shifa al-alil; editor Bakalli
     Abd al-Rahman b. Umar; Algiers, 1969, III, 1080-81
292 Lithographed in Algiers, 1325 H.
293 Shammakhi,         Siyar., 548-49. For Tamlushayt,         Cf.   Lewicki,
     Etudes Ibadites Nord-Africaines, |, 61
294 Cf. infra, Part Il. Introduction, 9
295 Jitali, Qanatir al-khairat, my edition, | 287 ff
296 For the author and his works, Cf. Rubinacci, “Il Kitab al-
     Gawahir di al-Barradi,” A.!.0.N., IV, 1952, 97
297 This treatise (n.d.) was printed together with other works. A
     critical edition of it has been prepared by me
298 Ali Yahya Mu’ammar, al-Ibadiyyah fi Tunis., 157-161. The
     Aqidah and the two commentaries were edited by Abu Ishaq
     Atfaiyish and published in Cairo, 1353
299 Salim b. Ya’qub, (special interview, Ghizin, Jerba, 1968)
300 Mss.     Of this work        are to be fond n the collection of Salim b.
     Ya’qub,    Jerba, and Maktabat al-Qutb, Mzab. Cf. Schacht, op.
     cit., 393. | am using the copy of Salim b. Ya’qub
301 Mu’ammar, op. Cit., 192
302 Ibid., 199-200
303 The      summary          by Abd    al-Aziz al-Musabi   al-Thamini   was
     lithographed        in    Cairo,   Baruniyah,    1306  H.  Mss.   Of the
     Original commentary of al-Talati are to be found in Jerba, al-
     Baruniyah
304 For the biography of al-Sadwikshi, Cf. Mu’ammar, op. Cit.,
     183-187. Mss. Of this work are available in Jerba and
     Nufusah
305 For the biography of Abu Sittah, Cf. Mu’ammar, op. Cit., 189-
     192
306 Muhammad              ob.    Hussain’     al-Dhahabi,    al-Tafsir   wa-
     almufassirun., Cairo, 1961, Il, 319-336
307 This work was lithographed in Algiers, 1326 H
308 Sharh al-Nil., Cairo, 1343; the biography of the author of K.
     al-Nil. Abd al-Aziz al-Musabi, by Abu Ishaq, who gives a list
     of the author’s works at the end of Volume X, (p.9)
309 In “Bibliographic du Mzab,” No. 38, Motylinski mentioned the
     following work: (sd Y Os cle 35 ced Qundlaall ald Gal anes Ye LIS
      ol>ill $1     +) | suggest that he might have been confused with
     the work of Sulah mentioned here
310 Jawab Sulah., Ms. |
311 Ibid., 3
312 Jawab Isa |-baruni liba'di fuqgana Ghadamas., Ms. 18
313 Ibid., 38
314 Ibid., 3-14
315 Cf. My “description of new Ibadhi Mss.,” op. Cit., 73
316 The work was lithographed in Tunis (1331) H) p. 265
31/7 Abu Zakariya al-Baruni, Tabaqat., 19; al-Qutb, Risalah
      shafiyah., 128
318  This Jawab was lithographed together with other Ibadhi
      works in Tunis, 1321 H., pp. 106-187
319  Cf. Ali Mu’ammar, op. Cit., 199-200, 391, 393, 394
320  This work was published together with other works, no place
      or date are shown. Mss. Of the work are also available
321  Zambaur,     Manuel    de genealogie et de chronologie pour
      histoire de L’Islam., 1955, 85
322 Jawab Ahl Jazirat Jirbah li-iknwanihim al-Umaniyin., Ms. 7
323 This treatise was     published with other works.   No place or
      date are shown.
324 Cf. supra, 300.
CHAPTER             a E daall
THE SYSTEM OF AL-WALAYAH AND AL-BARAAH
The meaning of al-walayah and al-baraah:
The Arabic words formed from the root (cs . J.s) give the following
meaning:
1.   waliya, to be in charge.
2.   Al-walayah, guardianship, help, support, protection,
      association and connectedness.
3.   Al-wala, succession
4.   Istawla, to get a thing in one’s possession
5.   Al-waliyah, saddle blanket that comes next to the back of a
      camel, horse, mule or donkey
6.   Tawalla, to turn away. '
The   general sense which the first five of these words have in
common is propinquity (a/-gurb).          As it appears in Ibadhi writings
the term al/-waliyah means:
a)    Obligation to pray to God to bestow His mercy and
      forgiveness on Muslims, ( Cslsall liu! y aa jill Glasl),?
ii)  Love with the heart and praise by the tongue.”
      ( Qladls eliilly Glial Gaal gladly eLiilly « GLialls » sll),
c)     Friendship and fraternity, ( ts! gall 5 32521! ).4
d)     Religious friendship, ( 4:0 2,yall ).°
e)     Love andharmony, ( #tiloull 52 yall ).°
f)     Friendship and praying for forgiveness, ( liinY! y 32 yall)”
                                  3: IN (RR ISSAa
g)     Whole-le-hearted affection for an obedient (Muslim) for being
         obedient, ( iUs! asks lle)! yall, als alt), ®
 h)      To like for a fellow Muslim what one likes for oneself, in this
         world and the World to Come. (tall (§ 4udil Gisy Ls alcall iss
  i)  | To stand up for the right of the friend and believe in loving
         him, (025 aliiely oll Sas abil 15),
 The word friendship                is usually used for the Arabic word al-
 walayah, but to my mind, the word friendship does not give the full
 import      of the   word    a/-walayah        as   used in lbadhi writings. Itis a
 religious duty which controls human emotions of love and hatred in
 accordance with Islamic teaching. Realising this fact, the term ‘al-
 walayah’ is used in this study to convey the meanings: love,
 fraternity, unity among the Muslims and the duties related to these.
 The other Arabic word, a/-baraah, expresses the converse of a/-
 walayah.         It means to excommunicate.                This term was used in
 lbadhi writings to express the following:
 i)     |The obligation to abuse and curse the infidel,
         (. MSU Aiallly ical Gilat).    17
 ii)    Hostility and enemity, (2,22! yaad ),”
 ili)   Hatred in the heart and abuse by the tongue,
         ( Lally Sadly culally Gani),
 iv)    Dissociation from the enemy and wrongful action initiated by
         him, and the belief in hatred towards him,
         (Anzady slic!y ¢ daa grail cya  co “sill ).”4
These two terms, “al-walayah         and al-baraah, were
                                                     \     5 used by Ibadhis
scholars to indicate the attitude of the          believers     towards   their
fellow Muslims and towards the infidels.
The   third term    connected     with a/-walayah      and   al-baraah    is al-
wuguf,    ‘reservation.’    If a believer is not certain with regard to the
deeds or faith of a person,               he must abstain from passing
judgement on him until he becomes sure of these; he must then
arrive at a definite attitude towards him, either of wa/ayah, or of
baraah.”°
According      to  some    Ibadhi    scholars,  wa/ayah     is agreement      in
religion in respect of word and works.'° The               person deserving
walayah     from the believers is he who is fully obedient to God, and
who attains all good qualities through his performance of all
religious duties, and through abstention from what is forbidden.”
Other scholars believe that the verbal agreement of a person with
the Muslims is enough for him to deserve walayah.
This    opinion    was   advanced      by al-Salimi    on  the   basis  of the
following Quranic verse. “O Prophet, when believing women come
to thee upon the terms that they will not associate with God
anything and_ will not steal, neither commit adultery, nor slay their
children, nor bring a calumny they forge between their feet, nor
disobey thee in aught honourable, ask God forgiveness for them,
 God is All-forgiving, All-compassionate.”"® Al-Salimi argued that
God ordered his Prophet to ask forgiveness for those women on
account of their agreement to the above terms by word of mouth
only, and that he should not wait to see their works.’
According to the Ibadhi School, to act in accordance with the three
concepts discussed above constitutes the duty of the individual.
He should act according to those rules from the time when he first
arrives at the age of matuarity (i.e. in the case of spoys
approximatelyfifteen, and in the case of girls —twelve years).”°
 The    concepts of “alwalayah a‘and al-baraah, form one of the main
 themes     of Ibadhi doctrine.       Ibadhi scholars devoted great attention
 to this subject and many books were written to explain the system
 of al-walayah wa al-baraah."'
 Ilbadhi   literature     in North Africa did not treat these            subjects in
 complete       detail     until the end        of the IV" century H. Strictly
 speaking, the first work which resented a systematic study of this
 Subject      was      K.     al-Tuhaf     al-makhzunah wa_ al-jawahir al-
 masunah,22 by Abu al-Rabi Sulaiman b. Yakhlaf al-Masati, (d.
 471H./1078 A.D.).               Legal opinions on the subject appeared
throughout Ibadhi writings prior to Abu al-rabi. Biographical works
 contain scattered material on this subject in opinions recorded of
 lbadhi Imams and learning scholars during the first four centuries.
THE RULES OF AL-WALAYAH
The system of a/-walayah has two main aspects; the first of which
goes with belief in the Unity of God, (tawhid) which, according to
 Ibadhis,     cannot       be    complete     without    belief    in the following
precepts:
1)     Walayah, with God; that is, to obey His orders and avoid what
       he has forbidden.23
i)     Walayah which all Muslims in general, (wa/ayat al-jumlah).
Cc)     Walayah with those who were preserved from sin. (Ws                        ),
       and    those     who     were  mentioned       in the   Quran    by name as
       being people of Paradise, (5-5~<i4!). Whosoever ignored or
       neglected         this    aspect     of   al-walayah,     is   a_polytheist,
       (mushrik).24
The    second aspect is that wa/ayah, constitutes a part of the
mutual rights of the believers.25 Those who ignore or neglect this
obligatory duty are Hyprocrites.26
To return to the first aspect, most authors who            discussed this
subject speak about the following three issues:
      Walayah    with  God,   i.e.   obeying God’s orders and avoiding
      what     He has forbidden.        On the other hand thee is the
      walayah of God with the believers, explained as His
      guidance, support, and protection for them.27 This was the
      issue on which the theological question arose, as to whether
      God’s (walayah), with the Believers or His baraah, from the
      Infidels is immutable for His knowledge of their deeds is
      absolute.28
      Walayah     with all Muslims in general, Mankind, Jinn, forbears
      and their posterity, up to the Day of Judgement, with no
      particular person in mind. This includes all the believers of
      peoples of the past ages, the believers of the present and the
      future, whether Mankind or Jinn.29
      Walayah with those preserved from sin, (masumun). This
      must be directed to the Angels, Prophets, Apostles of God,
      and to other ‘awliya’        of God, mentioned in the Quran by
      name or description,30 as also those who were commended
      by the Apostle of God.31 The following are the ‘preserved
      from sin’ mentioned in the Quran, commended by God, Who
      granted them Paradise.
i    All   Prophets   and   Apostles of God in general, but especially
      Adam and Muhammad             as combining   the offices of Prophet
      and Apostle.32
~) The    Priests     and Monks mentioned in the following verses of
    the Quran;       “.....And thou surely find the nearest of them in
    love    to the believers are those who say, ‘We are Christians;’
   that,   because       some of them are priests and monks, and they
   wax not proud, and when they hear what has been sent down
    to the Messenger, thou seest their eyes overflow with tears
    because of the truth they recognise. They say, ‘Our Lord, we
    believe; so do thou write us down among the witnesses. Why
    should not we believe in God and the truth that has come to
    uS, and be eager that our Lord should admit us with the
    righteous people?’ And God rewards them for what they say
   with gardens underneath which rivers flow, therein dwelling
   forever, that is the recompense of the good-doers.”33
e) The    people of he        Cave, (The Seven Sleepers of Ephesus);
   for being       mentioned     in the following     verse,  “... When the
    youths     took   refuge   in the   Cave    saying,   ‘Our Lord, give us
    mercy from thee, and furnish us with rectitude in our
    affair.”34      And, “We will relate to thee their tidings truly.
   They were youths who believed in their Lord, and We
    increased them in guidance.              And We strengthened their
    hearts,    when they stood up and said, ‘Our Lord is the Lord of
    heavens       and earth; we will not call upon any God, apart from
    Him.’’35
   The people of the Trench, (2;24Y! Gts.4/ ), about whom the
   Quran speaks in the surah           of a/-Buruj, verses 4-11.
   The    people     of Jonah,     for being    mentioned in the following
   verse;     “...... Except the people of Jonah; when they believed
   We     removed from them the chastisement of degradation in
   this   present life, and We gave unto them enjoyment fora
   time.”
vi)    The Sorcerers of Pharaoh, Who were-a described itin the Quran
       as follows: “..... And the Sorcerers were cast down, bowing
       themselves they said, “We _ believe in the Lord of All being,
       the Lord of Moses and Aaron.’”””
 3)    Habib,    the carpenter,        who    was  mentioned   in the following
        verses, ‘Then came a man from the furthest part of the city
        running; he said, ‘My people, follow the Envoys. Follow such
        as ask no wage of you, that are right-guided.                   And why
        should | not serve Him who originated me, and unto whom
        you shall be returned?             What, shall | take, apart from Him
       who    intercession,       if the All merciful desires affliction for me?
        Surely in that case | should be in manifest error. Behold,|
        believe in your Lord; therefore hear me. It was said, ‘Enter
        Paradise.”        He said, ‘Ah, would that my people had
        knowledge that my Lord has forrgiven me and that He has
        placed me among the honoured.’”
  c)   The   believer     of   the house eof Pharaoh, who is described in
       the Quran      as,    “a believer of Pharaoh’s folk that kept hidden
        his belief.”TM
  The   women      preserved from sin, and those commended             by God in
  the Quran are:
 i     Eve,   mother    of mankind;         for she and Adam said, “Lord, we
        have   wronged       ourselves, and if thou does not forgive us and
        have mercy upon us, we shall surely be among the lost.”””
 ~)    Sarah, wife of Ibrahim, (Abraham).
 c)    Rahmah, wife of Aiyub, (Job).
       Hannah, mother of Mary.
 3)   Asiyah, wife of Pharaoh.
 3)   Zulaikha, wife of Yusuf (Joseph).
c)     Mary, daughter of Imran, and mother of Jesus.
 4)   Aishah, the wife of the Prophet Muhammad.”
The second aspect of the system of wal/ayah, is known as walayah
with     individuals walayat al-ashkhas., or walayat al-makhsusin.
This is regarded as a part of the mutual rights of believers.*' The
following        Traditions   from   the   Prophet  and   Afthar from   his
Companions,           in addition to the Quranic verses commanding
Muslims        to dissociate themselves from evil persons, ” are the
proofs    adduced       by Ibadhi   scholars for the obligatory   nature of
 walayat al-ashkhas.
i)    It   is    reported that the Prophet said, “He who gave and
       forbade      for the sake   of Allah,   and loved and hated for the
       sake of Allah has fulfilled the faith.””
~)    He     also said, “Allah blesses Abu Dharr, he walks alone, he
      will die alone, and will be resurrected from death alone.”
<)    It is reported that Umar b. al-Khattab said, “In whomsoever
      we saw good, and of whom we thought good, we say good of
       him and take him as a friend (wally), and in whomsoever we
       saw     evil, and thought badly of him, we speak bad of him, and
      dissociate ourselves from him.””
>)    ti is . also reported        that Abdullah b.     Umar said, “By AAllah, ift
        fast the whole day and pray the whole night and spend all my
        property in the way of Allah, then | die with no love in my
        heart for those who obey Allah, and no hatred for those who
        disobey Allah, all of that (good | have done) will be in vain for
        me.”46      Relying     on    the  above     mentioned       Traditions then,
        Ibadhi_   scholars        furnish     the     proof    that    walayah      with
        individuals, walayat al-ashkhas, is an obligatory duty.“’
The individual merits, wa/ayah, under the following conditions.”
 i)    If he behaves and conducts himself, even with regard to his
         physical appearance, in the manner befitting believers.
 ii)   Only satisfactory reports should be heard                    about    him   with
         regard to fulfilling his religious duties.
 ili)  A believer should be satisfied in his own heart about what is
         heard and seen of that individual
 iv)   His views       should      be consistent with those            of the    Ibadhi
         school.
This individual         merits      walayah,      from   the   believers     if it were
observed that:
 1.    It is Known through personal experience that he is in full
         agreement with the believers (i.e. Ibadhis) in word and deed.
2.     It is widely     known      that he faithfully       observes his religious
         duties.
3.     It is known      that   he    is faithful   in fulfilling   his   religious, as
        testified by two persons of equity.
4.     It is known that he faithfully observes his religious duties, as
        testified by one person of equity, even if the witness were a
        woman or a ‘slave           Any person who is known to met the
        above conditions merits ‘walayah’ from the believers.
There are four further sections going with this part of ‘walayah’:
A)      ‘Walayah’ with the Ibadhi Imams and religious leaders who
        propagated the true teachings of Islam, and refuted false
        teachings.      ‘Walayah’ with them is obligatory for the people
        of their country, and all other Muslims who hear of them.
        They merit ‘walayah’ for being widely known for activity in
        propagating the true religion and defending it. This ‘walayah’
       cannot be changed even if a large number of people spoke ill
        of them.”      According to those scholars who say thatthe
        Imams of the ‘manifest stage’ must not remain unknown to
        the believers, ‘walayah’, must be directed to them as well. °"
        Ibadhi sources give the following list of the Imams of the
        ‘manifest stage’ (_s¢lall ulus ),°*:
        Abu Bakr b. Abi Quhafah al-Taimi, the first Caliph.
        Umar b. al-Khattab of B. Adiy, the second Caliph.
        Abdullah    b. Yahya    al-Kindi, the founder of    the first Ibadhi
        state in South Arabia, i.e. Yemen and Hadramawt.
        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.”
 ll)  ‘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).           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’.»
 Ill) ‘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,” regardless of whether
       he was converted to Islam by an opponent Muslim or by an
       lbadhi, except in such case as when the Muslim opponent)
       was in error, yet the convert nevertheless adopted that same
       error.”
IV)    ‘Walayat with those who recanted their erroneous views and
       became      lIbadhis’.     This   section    includes   two  kinds   of
       individuals:
)       Those    who    follow   the ‘u/ama’ in their religion, muqallfidun,
         or   ‘ammah;     the requirements from the muqllidun as such
            are to repent aand say, ‘| am one of you.     y SSS       SS       is my
            ‘wally’, and your enemy is my enemy.’                       He thereby
            becomes a member of the Ibadhi community.
   ~) | 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.”
  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.”
  V)    The last section           on this subject    is  ‘wa/layah’ with minors’,
         walayat al-atfal,:
  Conflicting      opinions      are   reported  about    this matter; the Murjites
  held   the    view that all         minors have the right to ‘wa/ayah’. This is
  also    the     opinion     of     Muadh    b. Jabal,  the   Companion     of the
  Prophet.*'        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.”
  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.” The arguments and proofs adduced by
 each group on this question were discussed _in detail in Ibadhi
 sources.TM
 The minors of believers are entitled to ‘wa/ayah’ when:TM
i)        The_     child’s paternity is established, i.e. when it is known to
           be the child of an Ibadhi.
)  The      father says, This iis “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.
c)  It is Known     that he child    is born    ofa ‘waliy’ through the
      testimony of trustworthy persons.
    In the case of children of slaves owned by ‘awiliya’, and
      slaves freed by ‘awiiya’, there are two opinions, one of
       ‘walayah’, and the other ‘reservation.
    A child of a woman in ‘walayah’ inherits walayah                asa
      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’ anda
      Muslim opponent (mukhalif), the child must be taken in
      ‘walayah’      in accordance      with  the   status of the  Ibadhi
      owner.
     lf 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.
     lf 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’.
                                                we cw em ee Bee
          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’. ©
   THE RULES OF AL-BARRAH:
   The  tenet that baraah is obligatory in Islam, in the same way as
   walayah, is an integral part of Ibadhi doctrine. The believers must
   act according to the rules of baraah from the very inception of the
   age  of matuarity.”” it also has two main aspects; the first of which
   goes with the belief in the Unity of God, and consists of:
   l)    ‘Baraah’ from_       infidels in general — known or unknown, living
        or   dead,   Man     and    Jinn.  This is known in Ibadhi writings as
        barat al-jumia®’
~)      Unequivocal       baraah, barrat al-hagigah, or barrat ahi al-
         waid;68 the      latter meaning ibaraah from the people under
         threat,  (ah/ al-waid), wnom the Quran declares to be destined
        for Hell.      The believers must dissociate themselves from the
         people under threat, in the belief and knowledge that they
         are among the denizons of Hell.” The following are the
         people under threat:
  1)   Haman,      the   supporter     of Pharaoh, for God says, “Therefore
        We seized him and his hosts, and cast them into the sea.”””
        And, “...... and there encompassed the folk of Pharaoh the
        evil chastisement, the Fire to which they shall be exposed
        morning and evening......””'
                         GP
   2) “Qarun, about whom God says,     s       “50 We ~        earth to swallow
        him and his dwelling and there was no host to help him, apart
        from God, and he was helpless.””
   3)  Pharaoh,      of whom God says, “Go to Pharaoh; he has waxed
        insolent.’”°
   4)  Al-Numrudh, mentioned in the following verses of the Quran,
        ‘“... who disputed with Abraham, concerning his Lord, that
        God had given him the kingship? When Abraham said ‘My
        Lord is He who gives life and make to die, he said, “I give life
        and make to die.’ Said Abraham, ‘God brings the sun from
        the east; so bring thou it from the west.’ The believer was
        confounded. God guides not the people of the evildoers.”
9)      Noah’s       and   Lot’s wives; for God         says,  “God   has struck
        similitude for the unbelievers — the wife of Noah and the wife
        of Lot; for they were under two of Our righteous servants, but
        they betrayed them, so they availed them nothing whatsoever
        against     God;   so   it was   said,    ‘Enter you   two  the Fire with
        those who enter.’
These        Qura’nic    personalities     were     the   people   under    threat
        distinguished by Amr b. Jumai_ in Agidat al-tawhid;”© more
        were added by Shaikh Muhammad b. Yusuf Atfaiyish. 77
1)      Baraah from every individual whose misdeeds are known to
        the believers; these fall into two categories:
        Those who commit major sins (kabair). A major sin is what
        incurs (hadd) punishment in this World, and chastisement
        (adhab) in the World to Come. Stealing, committing adultery,
        drinking wine, deserting in the face of the enemy, are some
        of the major sins. 78
        Baraah from those who persistently commit minor s SINS; eg.
        prevarication of a harmless nature, lustful eyeing of foreign
        women, taking away something from a friend without his
        permission,         etc. 19 Maghribi Ibadhis held that minor sins are
        not distinguished, while only certain major sins are specified
        in the Qura'n and Traditions. So believers must be wary of
        every    sin in order to avoid major sins.29 Minor sins become
        major    by constant repetition, 8 1 which fact makes it obligatory
        for the believers to declare baraah from the sinner
Baraah      from    individuals      takes      place    in    one of the following
        circumstances:
!)      When       a person confesses that he has committed a major sin
        or persisted in committing minor sin,82 and when                      a person
        regards      his    erroneous    opinions      as the true religion of God,
        considering          those   Muslims       who      disagree     with   him  as
        Polytheists.     83
          When a believer sees a person actually committing a major
          sin or persisting in minor sins.
   iii)   The testimony of two persons of equity that a certain
           individual merits baraah obliges the believers to declare
          baraah from him.            This principle was established and put
           into practice by Jabir b. Zaid, the first Imam of the
           lbadhis.84
   The  testimony        of one person is not enough to necessitate baraah
          from    the     believer.    On     the   contrary,     it leads believers to
          dissociate themselves from that person if he cannot support
          his accusation of the believer by the testimony of another
          person of equity.89            So if one (wally), along reports that
          another ‘waliy’ has committed a major sin, the believers
          must declare baraah from the accuser. It is the same with
          non-lbadhi Muslims,              if one, or even a group of these,
       ascribes      a 4 major sin toa wwaliy’ ‘the believers should reject
       the accusation and dissociate themselves from the. 86
Iv)    The    believers       must   declare   baraah from the activities ofa
       malefactor.87
2)  Baraah from the tyrant, (a/-sulfan al-jair): Believers must
    declare baraah from him and from all who support his rule;
    but this should not include everyone under his rule because
    true believers may be under a tyrant’s rule, yet not oppose
    him out of religious dissimulation, (fagiyah). Any country
    governed by tyrants and unjust rulers must be declared land
    of tyranny and_             injustice, (dar al-jawr wa al-zulm).      The
    believers, in addition to declaring baraah from such rulers
    and     their followers,       must    not take  any  one  of them   as  a
     ‘waliy, 88
3)  Baraah from apostates, (murtaddun): for God says, “..... And
    whosoever            of you        turns from his religion and dies
    disbelieving — their works have failed in this world and the
    next; those are the inhabitants of the Fire; therein they shall
    dwell forever."°9              The     Prophet   also said, “Whosoever
    changed         his religion, you must kill him.”90          It is agreed
    among       all     Muslim scholars that the Prophet, in this tradition,
    was referring to the apostate.91                In accordance with this
    Tradition, the ibadhis held that the person who abjures Islam
    and adopts polytheism deserves ‘baraah’ and execution, (al-
    baraah        wa al-saif).92        But it is reported that the second
    Caliph, Umar b. Khattab, gave the apostates three days in
    which to repent. So if they refuse to do so they must be killed
    and all their rights as Muslims such as ‘ ’walayah’, marriage,
    Muslim burial, and inheritance, are to be abolished.
4)      Baraah     from    those who     recant their Ibadhi views and adopt
       those     of other schools, taking the leaders of those schools as
       their “awliya” and declaring ‘baraah’ from the Ibadhi Imams.
        The      believers      must    dissociate themselves from such
        defaulters until they repent. Those who relinquish lbadhism
        and    malign    the   Ibadhis are to be killed or assassinated by
        any means possible.9°
A ‘waliy’ who commits a major sin, the believers must ask to
repent.      If he refuses, they must declare ‘baraah From him. Some
scholars say that the believers declare ‘baraah’ from him first,
then     ask him to repent.       In such cases, repentance may be sought
up to three times, then the believer is not further obliged to ask the
sinner to repent.           According to the second Imam of the Ibadhis
Abu Ubaidah Muslim b. Abi Karimah, this rule must be carried out
“till the devil become the loser.”
( patel ga GUantll 4S 5 s),94
RESERVATION iAL-WUQU F)
Reservation is another obligatory duty connected with ‘assocation’
and ‘dissociation’ (al-walaya and al-bara’ah). If the person was
not qualified for association or dissocation, his state must be of
‘reservation’. ‘Reservation’ is an obligation           as long as the
persom’s case is not clear. This attitude is eatablished on the
basis of the following verses of the Quran:
1. “And pursue not that thou hast no knowledge of; hearing, the
     sight, the heart- all those shall be questioned of 95
2. “O Believers, if an ungodly man come to you with a tiding,
     make     clear, lest you afflict a people unwittingly, and then
     repent of what you have done”96
The following Traditions of the Prophet are produced to strengthen
this view:- It is reported that the Prophet said:
1. Human       affairs are of three types: One whose rightness is
     obvious to you; you must follow it. And one whose error is clear
     to you;    you must avoid it. And one which is dubious; you must
     leave this affair to God”.97
2. The Prophet also said: “The beliver is cosiderate, and the
     hyprocrite is hot-headed”.98
Al-Salimi pointed out five sections of ‘reservation’99 the first of
which     is 'reigious reservation’ (wuquf al-din)   or, as some call it,
 ‘safety reservation’ (wuquf al-salamah). This is the reservation
about a legally capable person whose case is unknown to the
believers.
All Ibadhi scholars agreed on this section, but did not agree on the
others. The second is reservation about an ‘associate’ (wally)
 involved in action which the believers were not sufficiently aware
of to form judgement; some scholars say that the believers attitude
in this case must be of ‘reservation’.
The third section of ‘reservation’ is the ‘reservation’ of questioning
(wuquf al sual). It resembles the second section with the additional
stipulation that the believer should ask learned people about the
unknown action.100
The fourth     section is the ‘reservation’ about dubious ‘matters
(wuquf al-ishkal). It is applied in the case of two ‘associates’
(awliya) who curse or kill each other, leaving the fact of the real
wrong doer unknown to the believers. The ibadhi sources cite the
case of al-Harith and ‘Abd al-Jabbar: who were found dead with
the sword of each thrust into the body of the other. Both of them
were in the state of ‘assocaition’ (walaya) but their death left doubt
in the minds of believers about the real offender.
Sime scholars, including Nukkar, say that it islegal to have a
reserved attitude about them; while others (i.e. Maghribi Wahbi
scholars) held the view that they should be left in their former state
of ‘association’.101
The fifth section according to al-Salimi is the ’reservation’ out of
doubt (wuquf al-shakk). This is to have a reserved attitude about
all people, and to take as ‘associates’ only those who held the
same attitude of ‘reservation’. This kind of ‘reservation’ is
considered to be illegal, because it implies the neglect of
obligatory association for those who deserve it.102
 THE ORIGINS OF THE SYSTEM OF AL-WALAYAH AND AL-
BARAAH.
In the Pre-islamic period, the family (‘ashirah’), and the tribe were
the most important units in the pagan society of Arabia. In this
society   an individual Arab was brought up with the sense of
complete loyalty to his family and tribe. This loyalty was not more
than “Faithful devotion to his equals; and it was closely connected
with the idea of kinship. The family and the tribe, which included
strangers living in the tribe under a convenant of protection- to
defend these, individually and collectively was a sacred duty”. 103
It was also required that the man must support his people even if
they were wrong. This was why the Arab poet considered
friendship with his kinsmen a matter of supreme importance:
“Take for thy brother whom thou wilt in the days of peace, but
know that when fighting comes thy kinsman, but kow that when
fi ghting comes “thy | kinsman alone is near. a true friend thy
 kinsman is who answers thy call for aid with good will, when
 deeply drenched in blooshed are sword and spear’.104
 The new teachings of Islam, although it recognised the tribal
  system, it shook the age old pagan Arab ideal of ethnic loyalty to
  one’s tribe and family to its foundation. The loyalty is transferred
  to God and his Prophet; its duties are religious obligations rather
  than traditional duties required by honour.                      And, “islam, rather
  than tribal affiliation, is to be the unifying principle of society.”105
  The system of ‘walayah’ and ‘baraah’ was established don these
  basic principles from the very beginning of the new Muslim
  community in Mecca.
  On the other hand, the tribe sometimes cannot have complete
  control over its members who involve themselves in actions which
  create intra-tribal and intra-family problems affecting the whole
  tribe or family. To avoid the troubles caused by such irresponsible
  members,     the family or the tribe forsakes them.               The custom in this
  case as reported by al-Zawzani is that the man brings his son to
  the tribal gatherings in markets and centres of pilgrimage, and
  declares _ in public that he has repudiated his son; so he would not
  be responsible for any crime committed by the repudiated son; and
  also he would not claim for revenge if a crime is committed against
  that son. 106
  The    repudiated          person      is known     as al-khali,    or al-lain,   or al-
  tarid.197 The first two terms were recorded in poems from al-
  Shammakh b. Dirar and Imru’ulgais.198 Among the offences that
  make     the     tribe     or     family    forsake    its member      are   continuos
  addiction    to wine,          and   extravagant     wastage     of money,      as   itis
  recorded in the ode of Tarafa b. al-Abd.109
                cgeilaa’y (ciarhe MGNy (cathy       Aly yy os UG Gey
                  Sell a SAI ea                      tes Spud Seats GF GI)
 be known afterwards as (baraah). The Qurashites used this sort
 of treatment against B. Hashim and B. Muttalib in Mecca because
of their protection of the Prophet. The document (sahifah) written
 by the polytheists for this purpose states that those who agreed on
that document should neither marry the women folk of B. Hashim
and    B. Muttalib, nor give women to them to marry, and they should
 neither buy from them nor sell to them.110 This boycott of the
 Muslims and _ their protectors lasted more than two or three years.
 Islam afterwards made a_ useful weapon out of this system. The
first use of this principle was made to create a sense of
 homogeneity among the members of the newly-emerging Muslim
community, and to keep them in isolation from the surrounding
communities of the pagans and the People of the Book. Then the
system     was   altered   to deal with those who did not fulfil the duties
of the new religion and obligations to the new community.
The first event, which brought this system of ‘baraah’ into
operation of the Muslim community against some members, of the
Muslim community was the attitude of those who did not immigrate
to Medina in spite of the clear order of the Prophet. The following
verse    was   revealed    to end   the discussion,   which arose among
Muslims     in Medina     concerning    their fellow Muslims who did not
join them after immigration;111 “And those who believe but have
not emigrated       — you    have  no duty of friendship towards them till
they emigrate.”112
The other event concerned the three men who abstained from the
raid of Tabuk, viz., Ka'b b. Malik, Murarah b. al-Rabi, and Hilal b.
Abi Umayyah. The Prophet forbade all Muslims to speak to them;
then, after a lapse of a fortnight, he ordered them to separate from
their wives.      This went on for fifty nights until God sent his word
concerning them that, “God has turned towards the Prophet and
the ‘Emigrants’ and the ‘Helpers’ who followed him in the hour of
diffi culty, after the hearts ‘of 2 a : part oftthem well- nigh swerved
 aside; then He turned towards them; surely He is Gentle to them,
 and All-Compassionate.             And to the three who were left behind,
  until,   when     the  earth  became    strait for them, for all its breadth,
  and their souls became strait for the, and they thought that there
  was no shelter from God except in Him, then He turned towards
  them, that they might also turn; surely God turns, and is AIll-
  Compassionate.” 114
   It is not the concern of this work to study the system of ‘walayah’
  and ‘baraah’ during the Prophet’s life, but just to show the origins
  of this system as it led to its foundation in the Ibadhi doctrine
  afterwards.        The study of this system by Ibadhis was established
  on the basis of the Qur’an,            Sunnah,    and Ijma. Although these
  were the primary sources of jurisprudence followed by other
  Muslim schools, only the Ibadhis have developed this system of
   walayah and baraah and have given it great importance in theory
   and    practice.     This was due to the nature of the Ibadhi movement
   and the conditions in which it was founded.
  The lbadhi movement was founded in the early days of Umayyad
   rule. It had to deepen its roots throughout the Muslim countries at
  that time,       avoiding the suppression of the Umayyad governors.           It
  happened that Basrah was the centre of this growing movement, a
  fact which made the Ibadhis face many trials under the most “cruel
   rulers    of their times” — viz., Ziad b. Abihi, his son Ubadidullah, and
  al-Hajjaj b. Yusuf. The religious stage of the Ibadhi movement at
  that period was secrecy, (kitman). According to the requirements
  of this stage, an underground organisation was formed to pass on
  the true teachings of Islam out of sight of the “tyrants.” Several
  centres (majalis) were established for meetings of the Ibadhi
  scholars, and_ also for religious instruction for the members of the
  sect in order to fulfil requirements of the organisation.
The system of walayah and baraah served a great deal in securing
the growth of the movement in the right direction. It was one of the
basic rules for the new member who wanted to join the Ibadhis to
declare ‘baraah’ from the enemies of God and the Prophet, (i.e.
the opponents of the Ibadhi movement) and to believe in
 ‘walayah’ for the ‘awliya’ of God and His Prophet, (i.e. the upright
members of the Ibadhi community).
It is reported        that Ibadhis        invited Bistam Abu al-Nazr who was a
Sufri,    to join their movement; Bistam said, “When they invited me,
they said, “We call you to (walayah) for those whom you know to
declare the truth and follow it; and to (baraah) from those whom
you know to say contrary to the truth and follow it; and we call you
to ‘reservation’ for what you are not sure about till you become
certain.’      He said, ‘This was in the time of secrecy (Kitman).’119
This     appears       to be one        of the basic principles of the Ibadhi
movement,         for    the    first    Imam     of the  lbadhi  state   in Yemen,
Abdullah      b. Yahya        al-Kindi,     after conquering Yemen, said in his
address to the people, “We call to the Unity of God, ...... , and to
 ‘walayah’ for God’s friends, and to enmity for the enemies of
Go.”116        The members who did not follow the teachings of Islam
were to be treated in different ways in regard to the gravity and
nature of their mistakes. It is reported from Jabir b. Zaid, “If one of
you sees a fault of his brother, he must forbid him to do it again,
and    this   must     be    between       the two of them only;     if he refuses to
abandon his fault, he must ask help from another member, until he
has two witnesses with him. If the sinner refrains from committing
the sin, they must conceal his fault; but if he persists in his sin,
they must then declare baraah from him.”117 A similar opinion is
reported from Hajib al-Tai, one of the early Ibadhi leaders.118
Hajib divides such defections into two kinds:
a)     That    which      is related to        the duties of man to God; Muslims
       must     conceal      such     faults    and  give  their fellow believer the
   «Fg                 he 8, WN VN&ESSSSS
      advice and let him attend their meetings (majalis), for God
      may relent towards him.
b)    But if the defection is related to the faith by holding contrary
      views    to what     the Ibadhis believe, in such a case, they must
      declare baraah from him, forbid him to attend their (majalis),
      and inform all the members about him so that they can be
      wary of him.119 In order to explain this doctrine, we may cite
      the following cases:
Abu Sufyan Mahbub b. al-Rahil said, “Hamzah al-Kufi came to
Abu Ubaidah to discuss with him the matter of divine decree (al-
gadar).     They went to the house of Hajib and spent a long time in
the discussion.        The last words heard from Abu Ubaidah in that
discussion      were,     ‘Oh,    Hamzah,      about      this   | disagreed   with
Ghailan.’     Then     Hajib    talked to Hamzah, for his respect for Hajib
was greater than his respect for Abu Ubaidah. Hamzah said, ‘l
narrated this opinion from the Muslims (i.e. Ibadhis).’ Hajib said,
 ‘You did not meet anyone whom |did not meet, except Jabir b.
Zaid; so, from whom did you learn this view?’ ‘From you’, said
 Hamzah.      Hajib said, ‘I give up this view, so do as | did.”, Hamzah
said, ‘Treat me gently and accept what | say; Whatever good visits
you, it is of God, and whatever evil visits you is of yourself. So
good (hasanah) is of God, and evil (sayiah) is of Man; and | say,
“God    charges     no    soul beyond its capacity.”         Hajib did not accept
this from    him,   and     Hamzah      left the   place.      When Hajib did not
accept this from him, and Hamzah left the place. When Hajib was
asked about him he said, ‘treat Hamzah gently.” Then, afterwards,
they heard that Hamzah contacted the women and men of little
knowledge to teach them his views, Abu Ubaidah ordered Hajib to
call the members of the movement for a general meeting in which
they were informed about the heresies                         of Hamzah.      Hajib
concluded the          speeches in that meeting and said, ‘Hamzah,
Atiyyah,     and      al-Harith     brought about heresies to us, so
whomsoever        offered    them    shelter,    or received      them, or sat with
them,    is suspected       of disloyalty to us.’         Abu Ubaidah declared
baraah and they were expelled from the (majalis).120 Hamzah
used     to visit Halabiyah   Umm   Sa’idah;    when she heard that the
lbadhis had forsaken him, she refused to receive him any more; So
he left Basrah for al-Mawsil and Abu Mahfuz went out after him
from one village to another warning the Muslims of him.121 The
other case n_ the time of Abu Ubaidah was that of the youths who
came to Abu Ubaidah and asked him about the case of a Christian
who _ had not heard of the Prophet of Islam, and invited a Majian to
Christianity.     Abu Ubaidah asked them their opinion. Their reply
was that the Christian who had not heard of the Prophet of Islam
was a Muslim, and the Majian who agreed to follow him was an
infidel;.    Abu Ubaidah rejected their opinion but they insisted on it;
so he declared ’baraah’ from them. The youths came to Hajib with
broken hearts asking him to save them, for Abu Ubaidah hastened
to declare ‘baraah’ from them though they were just asking him
about his opinion. Hajib told Abu Ubaidah that they repented, and
arrangements were made for them to rejoin the (majalis).122
These rules were followed throughout the Ibadhi history so much
that contrary opinions could not grow in the Ibadhi community. But
consequently, a number of the adherents of this sect broke away
from the original movement and formed their own groups. 129
If the defection consisted of breaking away from the organisation
and defaming the Ibadhi views or giving away their secrets, their
attitude    towards   these  persons is not to forsake them only, but to
kill them by any means.124           It is reported that an Ibadhi youth
came      to Jabir b. Zaid and asked him about the best form of Jihad.
Jabir said, ‘Killing Khardalah,’       and the youth asked another man
to show him Khardalah and he stabbed him with a poisoned
dagger inside the mosque. According to a al-Jitali, Knardalah was
a member of the Ibadhi movement but he relinquished lbadhism
and gave away the names of the members of the Ibadhi
community to t their « enemies, "and      wee        the “locations of the
 places in which the Ibadhis held their meetings. 129
 Secrecy    (kitman),   Manifestation   (zuhur), Defence (difa), and Life
 Sacrifice (shira).12/
 The course of Islamic history as presented by the Ibadhis shows
 that the true Muslim community, for which they stood in their
 struggle, existed in one of the above mentioned four stages. The
 ‘manifest    state’  of Islam, which was established by the Prophet in
 Medinah, prevailed during the caliphate of Abu Bakr and Umar,
 the first six years of the caliphate of Uthman and under the rule of
 Ali until he accepted          the arbitration.  After that the Muslim
 community was          divided into three main groups:        “those who
 extolled   the cause of Uthman, those who extolled the cause of Alli,
 and the Muslims who kept to the right guidance. 128
 The lIbadhis stood for the cause of the revival of the ‘manifest
 state’ when the ‘rightly guided’ Muslims failed to revive it and
 were massacred in the battle of al-Nahrawan.              They starteda
 secret organisation in which they taught their members the true
  religion. It was essential for he members of the movement to know
 about the error which led to the corruption of the teachings of the
  Qur’an as explained and practised by the Prophet and his first two
 successors; as for the people who were responsible for the errors,
 the Ibadhis declared (baraah) from them. This principle freed the
  lbadhis from the personal influence of the Companions of the
  Prophet who played the most important part in the civil wars
 among the Muslims.           They judged these people according to the
 measure of piety and goodness as enunciated by the Qur’an and
 the Sunnah.         Their faults were presented clearly in the early
  literature of the Ibadhis. In his letter to the Umayyad caliph, Abd
 al-Malik b. Marwan, Abdullah b. Ibad pointed out the faults of
  Uthman which caused the rising of the Muslims against his
      S$ iA             ES, IN VR ESSS
rule;129       he said, “When the believers saw the faults of Uthman,
they     renounced       him;  for   the   believers are the witnesses      to
God.”130         He further commented, “Whosoever took Uthman and
those who wee with him as _ hi =s friends, we declare our
estrangement from them, and for this we beg witness of God and
His Angels. We are enemies of them with our hands, tongues and
hearts. With this belief we live and with it we die........ 131
Among        the Companions who were treated according to the
principle of (baraah) were Talhah b. Ubaidullah and al-Zubair b.
al-Awwam.         They merited baraah for breaking the pledge of
allegiance, and fighting against the legal caliph, Ali b. Abi
Talib.132         A’ishah, the    Prophet’s wife, although she took part in
that strife and          was present in the battle of the Camel, was
exempted from (baraah) as she repented for her fault and thereby
maintained the state of (walayah).193                 It has been reported by
Jabir     b. Zaid the first Imam of the Ibadhis, and one of the pupils of
A’ishah, that being admonished by him and his friend Abu Bilal
Mirdas for her activities in the battle of the Camel, she repented
and begged forgiveness of God.194                  Ali b. Abi Talib was also
treated with (baraah) for accepting the arbitration of menin a
matter pre-decided by the Qur’an.                The Qur’an clearly says: “If
two bodies          of the faithful were at war, then make ye peace
between        them: and if the one of them wrong the other, fight
against the party which doth the wrong until they come back to the
precepts of God.”135            According to the Ibadhis, Mu’awiyah and
his supporters were the rebellious party and Ali had to fight them
till they reverted to God’s commandment, i.e. the rule of the legal
caliph.      The acceptance of arbitration by Ali meant his deposition
from the caliphate — a fact which displeased               a group of Muslims
and     obliged    them    to choose     a new Imam, Abdullah b. Wahb al-
Rasibi. The Ibadhis hold that Abdullah b. Wahb and the people of
al-Nahrawan were right, ad Ali b. Abi Talib was wrong for
accepting arbitration in the first place, and secondly for fighting the
people of al-Nahrawan.         136
As regards Mu’awiyah b. Abu Sufyan, and Amr b. al-As, they were
treated with (baraah) throughout for their rebellion against Ali the
legal caliph.13/         The former was described by Abdullah b. Ibad in
the following words: “We do not know anyone of the peoples who
was more callous to the distribution of wealth according to the
laws     laid down       by God    than he, nor anyone        more     indifferent
towards      the commandment          of God   than  he,   nor    anyone     more
blood-shedding than he.” 138
Needless to say, this baraah of the Ibadhis from such Companions
concerned only their political activities and not their knowledge of
the religion.        Ibadhi jurists as is evident from the lbadhi sources
presenting      legal    and   theological  opinions  from    Ali   b. Abi Talib,
Uthman b. Affan and others accept their legal opinions. Even
Mu’awiyah, of whom the Ibadhis strongly disapprove, was one of
the persons from whom the Ibadhis strongly disapprove, was one
of the persons from whom Jabir b. Zaid narrated Traditions of the
 Prophet. 139
 Concerning       the   Companions      who  reserved    their opinions about
the   civil  strife   (fitnah) and refused to fight with Ali, such as Sad b.
Abi Waqgas, Abdullah b. Umar, Mohammad b. Maslamah and
Zaid b. Thabit, the Ibadhis have two opinions; one is baraah from
them,     and the other is of ‘reservation’ about them.149 All Caliphs
 and their governors starting from Mu’awiyah were regarded as
tyrants (Sa/atin al-Jawr). \badhis declared baraah from them with
exception of Umar b. Abd al-Aziz the Umayyad caliph.                         Some
 Ibadhi scholars state that he was legal Imam because of the
 unanimous resolution of Muslims (jima_ al-ummah) to accept his
 Imamate.141          Some scholars report that Abu Ubaidah Muslim b.
Abi Karimah asked God to bestow His mercy upon Umar b. Abd al-
Aziz, which meant that Umar deserved (walayah).142 It is further
reported that Abu Ubaidah sent delegation to Umar to invite him to
accept the Ilbadhi doctrine. After            a long discussion Umar agreed
with them        on almost everything, but he refused to renounce
Uthman       and said, “God made our hands clean of that blood so let
our tongues also be clean of it.”143 They refused to accept his
opinion and the head of the Ibadhi delegation, Abu al-Hurr Ali b.,
al-Husain told Umar: “Know that we are not going to take you for
a friend."144       "| wish they accepted the opinion of Umar.145 itis
further    reported by al-Fadl b. al-Hawwari that Umar b. Abd al-Aziz
acceded to the lbadhi doctrine, and baraah from the ‘tyrants’ and
agreed to accept lIbadhis as “awliya.” The delegation asked him
to declare this openly, as, according to Ibadhis, religious
dissimulation (tagiyah) does not behove the just ruler. Umar could
not agree with them and promised them to revive                  a Sunnah and
abolish a heresy every day, but they refused his proposal.146
Maghribi     Ibadhis       held  that   Umar   b. Abd   al-Aziz was    nearer to
 ‘baraah.’ Abd al-Wahhab                 b. Abd al-Rahman b. Rustam, the
second Imam of the Ibadhi state in Tahert, was asked about his
opinion of Umar b Abd al-Aziz and he replied, “He was not
commended among the Muslims (i.e. Ibadhis). They did not take
him as a ‘wally’, and he was nearer to ‘paraah’.”147
To begin with, the lbadhi sources discussed in detail the problem
of tyranny and the tyrants; and the attitude that was maintained by
the  Ibadhis under their rule.          The following is the description of the
tyrants given by Abu Ya’qub                   Yusuf b. Ibrahim al-Warijlani,
“Tyrants are those who rule the people by force and do not comply
with the laws of the shari’ah. They neither call others to shari’ah
nor  they    follow    it.    They    neglect   Zakat, alms- giving, tithes and
land tax.      They donot care about the shan’ah or fulfilling (hadd)
punishments.           They devise for themselves special ways to
administer their own creed; build high palaces and houses, protect
them    with   guards       and   servants.     They have raids on towns and
take all property as fines and bails; and use guards and servants.
They drink wine and wear silk; enjoy music and use screens; and
show injustice in every thing.” 148        lbadhi sources point out for
example, Ziyad b. Abi Sufyan, and al-Hajjaj b. Yusuf as tyrant’s
Salatin al-jawr).    A list of names of the tyrants of Maghrib and al-
Andalus is given by Abu Ya’qub al-Warijlani in his book a/-Dalil wa
al-Burhan.149      All Ibadhi scholars agree that such rulers have no
right of (walayah); they and their supporters must be in the state of
bara ’ah.
 lt appears that all Muslims in general in the first half of the first
century knew the principle of al-walayah and al-baraah.             Ali,
Mu’awiyah and their supporters have practised it. Ibadhi sources
report that the       Muslims gave Ali b. Abi Talib the pledge of
allegiance on the oath given to Abu Bakr and Umar, and on
bara’ah from ‘Uthman and his party. 199 Jahiz also reported that
 Mu’awiyah sat in Kufah receiving the oath of allegiance from the
 people on the condition of bara’ah from ‘Ali b. Abi Talib; then a
 man from b. Tamim came and Mu’awiyah asked him to give his
oath on that condition, the man said, O, Commander of the faithful,
we obey your living, i.e. the Companions, and will not declare
 bara’ah from your dead.” 191 {t is also reported that Hujr b. ‘Adiy
and his followers (‘Ali’s party) used to curse Mu’awiyah gave
orders for them to be arrested, and sent his messenger to the min
 prison to call them to bara’ah from ‘Ali if they wanted to be set
free;    and if they refused, they would be killed.        Eight out of
fourteen, among whom was Hujr, refused to declare baraah from
Ali, and they were killed.193         Kharijites were also among those
who advocated the principle of a/-walayah wa al-baraah.1°4 In his
 letter to Simak    b. Ubaid, al-Mustawred b. Ullafah wrote, “..... We
call you to the book of God,         the Sunnah of the Prophet, and to
 (walayah) for Abu Bakr and Umar, blessing of God unto them, and
to (baraah) from Uthman and Ali b. Abi Talib because of their
innovations in religion, and their abandonment of the judgement of
     SCENES.                      IN \BNYSSSs.
the Qur'an.-199         {tis also reported that the Muhakkimah !eaders
who   joined Abdullah. Al-Zubair to protect Mecca from the attacx c*
the   Umayyad     army, asked Abdullah b. Al-Zubair to rercucce
Uthman, al-Zubair and Talhah.196            The same is reported azz.-
Urwah b. Udaiyah who was asked by Ubaidullah b. Z:yad aoc_-
his opinion of Uthman and Ali, his reply was that he tcc« Ui-~2-
as a (waliy) for the first six years of his rule. then he des a-ec
‘baraah” from him for the rest; and he took Ali for a way uc tc =       i
time he accepted arbitration.
                           197
Ibadhi followed the doctrine of (al-walayah wa a'ba°aa" 4s
religious obligation more than a political attitude ate-wa-cs :
                                                                        “v4 bia
rules and regulations appeared in Ibadhi jurisprudence itor 7
very beginning, and were practised within the Ibadhi commun.t, 2s
explained before. while we find no more of this princio:s amang
non-lbadhi    Muslims in the same form as it exists amang tne
lbadhis.
Examples       of the influence of the system of al-walayah and al-
baraah on Ibadhi jurisprudence:
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 Aflan b. Abd al-Wahhab, the third Imam of the
       Rustamid      Imamate.198      According to Dhumam b. al-Saib,
       an    Ibadhi can give part of his zakat to his relatives although
       they are non — Ibadhi Muslims.199 Abdullah b. Abd al-Aziz
       and    Shu’aib    held   the view that all Muslims, Ibadhis or non
       lbadhis, have a right to zakat.160 Certain Ibadhi scholars
State. that “Taka     must
                       x       be taken vonly fromSASS        as it must
 be given only to the “awliya”.161 Abu Amr al-Rabi b. Habib
 and Dumam D. 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.1©2 al-Rabi reported
 that Abu Ubaidah strongly disliked taking zakat from non-
 lbadhis 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
 lbadhi (Fasiq) is entitled to zakat before the upright learned
 non-lbadhi     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.”159           During secrecy (kitman) zakat
 must be given only to (a/-awliya). If there are no “awliya” to
 whom zakaft can be given, it must be given to the poor
 lbadhis;    if these    two     categories   are   not available,   then
 lbadhis    should give their zakat to the poor weak non-lbadhi
 Muslims who cannot do them any harm. 166
  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.16/          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 ¢onene 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
 On the question of Adalah (The quality of religious probity
 and moral integrity which a witness must possess for his
testimony to be admissible),179 only a (waliy) is Adi, and
 his testimony is admissible in all cases. The person in the
 state of baraah is not Adland his testimony is unreliable.
The person in the state of ‘reservation’ (wuquf) is regarded
as one of the Muslims in general (ah/ 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,1/1    and cases connected with the
property     of Muslims which they believe is lawful to be taken
as spoils during wars between Muslims.1/2 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.”1/3
It is agreed among most of the Muslim scholars that the
person who sees the new moon of the first of Ramadhan
alone must fast.         But if he saw the moon of the first of
Shawaal       alone, according to Malik b. Anas and Abu
Hanifah, he must not break his fast. Ibadhi scholars, Shafi’
and Abu Bakr b. al-Mundhir held the opinion that he should
break his fast, but Ibadhis stated that he must do that in
secret, so that the Muslims will not be obliged to declare
(baraah) from him.1/4
Careful examination of Ibadhi Jurisprudence may lead to
further examples of this nature.
    “Tall, § Sharh atNunivah, Ms Il, 2: Ibn Manzur, Lisan al-Arab,
                      Bulag, 1307 H., XX, 287-97
     Abu      al-Rabi   Sulaiman    b. Yakhlaf,  7uhaf., 4b;  Malshuti,
      Jahalat., Ms. 41; Abu Ammar Abd al-Kafi, Sharh al-Jahalat.,
      Ms. 58b; al-Sufi, Uthman b. Khalifah, Sualat., Ms. 108;
     Ahmad b. Bakr, Masail al-tawhid., Ms. 4; Jitali, op. Cit., Il, 2.
     Amr b. Jumai, Agidat al-tawhid., Cairo, 1353 H., 69.
      Shammakhi, Sharh Aqidat al-tawhid., Cairo 1353 H. 64.
      Ibid., 83.
      Ibid., 48;   Imam Aflah b. Abd al-Wahhab, Jawabat., Ms. 2.
      Ibid, 2.
      Talati, Nukhbat al-matin., Ms. 10; Shammakhi, op. Cit.,69
      Talati, Sharh Aqidat al-tawhid., Cairo, 1353 H., 69.
      Ahmad b. Abdullah al-Kindi, K. a/-Takhsis, Ms.5.
     Abu Ammar, Sharh al-Jahalat., 58b; Jitali, op. Cit., I, I.
      Shammakhi, op. Cit., 48.
      Sulaiman b. Yakhlaf, Tuhaf, 5b.
      Al-Kindi, op. Cit., 5.
      Jitali, Qawaid., 47.
     Abu Ammar, op. Cit., 58b; al-Kindi, op. Cit., 7; Warijlani, a/-
      Dalil., Ms.
      Al-Kindi, op. cit., 7; Salimi, Mashariq., 347.
      Qur’an: LX, 12.
      Salimi, op. cit., 347.
      Al-Jannawani, al-Wad., 32; Shammakhi,         Sharh Agidat al-
      tawhid., 74.
      There is for example K. al-istigqamah of Abu Said Anmad b.
      Said al-Kadmi, and K. al-Takhsis of Anmad b. Abdullah al-
      Kindi.     There is hardly any work on Ibadhi doctrine, which
      did not discuss the subject in one way or another. The
      system is regarded as one of the main items of (tawhid) and
      lbadhi authors who contributed to this field of study always
      dealt it with.
22.   Cf. my “Description of new Ibadhi Mss.,” JU.S.S., XV, I, 72-3.
23.   Jitali Qawaid., 40; Salimi, Mashariq., 337-338.
24.  Jitali, ‘op. ‘cit. 5: Shammakhi op. Cit. 64-65,
25. Aflah b Abd al-Wahhab. Ajwibah.. 2-3
26.  Amr b. Jumai, Aqidat al-tawhid., 72.
2/.  Jitali, Qawaid., 39; Salimi,, op. cit., 337-338.
28.  Abu Ammar, al-Mujaz., Ms. 191-97; Jitali, Sharh al-
     Nuniyah., \\, 42.
29.  Jitali, Qawaid., 39; Salimi, op. cit., 337-338.
30.  Ibid., 64; Jitali, Qawaid., 5.
31.   Loc. Cit,; Sharh al-nuniyah., ll, 3 ff.
32.  Jitali, Qawaid., 5.
33.   Qur’an: V, 82-85.
34.   Qur’an: XVIII, 70.
35.   Qur’an: XVIII, 13-14
36.   Qur'an: X, 98.
37.  Qur’an: Vil, 120 - 122
38.  Qur’an: XXXVI, 20-27
39.  Qur’an: XL, 28
40.  Qur’an: Vil, 23. For more detail cf. Jitali, Sharh al-Nuniyah.,
     Il, 3-4.
41.  Salimi, Mashang., 343.
42.  Qur’an: |X, 114; Xl, 46; LX 4, 13.
43.  Abu      Dawud,       Sunan, ll, 523; Tirmidhi, Sunan., IX, 223;
     Ahmad b. Hanbal, Musnad, |, 430, 439, 440.
     Cf. Guillaume A. The life of Muhammad., 1967, 606; Ibn
     Hisham,          al-Sirah   al-Nabawiyah.,  editor al-Saqqa  and
     others, Il, 524.
45. Al-Rabi b. Habib, Musnad., Il, 92.
46. Al-Qutb, Sharh al-Nil., |X, 407.
4/.  Jitali, Sharh al-Nuniyah., \\, 12 ff.; Qawaid., 11-12.
48.  Shammakhi, Sharh Agidat al-tawhid., 72; Jitali, Qawaid., 17;
     al-Kindi, K. al-Takhsis., 7-8.
49. shammakhi, op. cit., 72; Siyar, 228, 232; Wisyani, Siyar., 4.
90. Jitali, Qawaid., 719; Sharh al-Nuniyah., Il, 35.
o7.  Ibid., \l, 35-36
52.  Ibid., \l, 36; Sufi, Sua/at., 201.
93.   Jitali, Qawaid., 18-19.
04.   lbid., 6. Amr b. Jumai, Agidat al-tawhid., 72.
55.   Jitali, op. cit., 6-7; Sharh al-Nuniyah., II, 8
06.   Ibn Jumai, Agidah., 73; Shammakhi, Sharh al-agidah., 73;
      Jitali, Qawaid., 9
 o7.  Shammakhi, op. cit., 73; Jitali, Qawaid., 9.
 98.  Ibid., 10
 59.  Jitali, Sharh al-Nuniyah., ||, 11-12; Qawaid., 9; Sufi, Sua/at.,
      68-70
 60.  Jitali, Qawaid., 10
 61.  Jitali, Sharh al-Nuniyah., \|l, 24-26; Qawaid
 62.   lon Hazm, al-Fisal., IV 191
 63.  Amrus b. Fath, a/-Radd ala al-Nakithah., Ms.        19-20
 64.   al-Sufi, Sua/at., 301-310; Jitali, Sharh al-Nuniyah., Il, 24-26
 65.   Ibid., 26-27; Qawaid., 15-16.
 66.   Jitali, Qawaid., 16
 67.   Jitali, Sharh al-Nuniyah., \\, 8; Qawaid., 23.
 68.  Al-Kindi, a/-Takhsis., 9; Salimi, Masharig., 341; Jitali, Sharh
       al-Nuniyah., \l, 9; Shammakhi, Sharh al-Agidah., 75.
 69.   lbn Jumai, Agidat al-tawhid., 75
  70.  Qur’an: XXVIII, 40
  /1.  Qur'an:     XL, 47
  l2.  Qur’an:     XXVIII, 82 (77-83)
  73.   Qur’an:    XX, 24, 43
  14.   Qur’an:    \I, 258
  75.   Qur’an:    LXVI, 10-11
  /6.  Amr b. Jumai, Agidat al-tawhid., 75-76
  Tf.  Al-Qutb, Sharh Agidat al-tawhid., 269-278
  78.   Salimi, Mashaniq., 269-278
  79.   Ibid, 379
  80.  Abu Ammar,        Sharh al-Jahalat, 64a-65b; Barradi, haga’iq.,
        Ms. 12
  81.   Salimi, op. cit., 380
  82.   Jitali, Sharh al-Nuniyah., 33-34; Qawaid., 33
  83.   Loc cit.
84.   it iS “reported ttthat Jabir heard two of his SScursing a
       man who was unknown to him, so he also cursed him. The
       two men asked him, ‘How can you curse aman without
       clear evidence of his error?’ Jabir replied, ‘What clearer
       proof shall | need than the agreement of two of you on
       cursing       him?’;     Jitali,   Sharh    al-Nuniyah,    Il, 39; Danjini,
       Tabagat., 205; Shammakhi, Siyar., 73.
85.    It is reported that Dumam b. al-Saib, one of the early
       leading scholars of the Ibadhi school, was sitting witha
       (waliy) believer when a certain man was mentioned, and
       Dhumam’s companion spoke ill of him.                         Dumam said,
       ‘Hush,       do    not    do     that.’ The   man    said,  ‘May    God  be
       dissociated from him.’ (                                       ) So Dumam
       said, ‘May God be dissociated from you’. (                                 ).
       Then the man repented of what he had said and Dumam
       asked God forgiveness for him.”                     /bid., 87-88; Darjini,
        Tabagat., 235
86.    Jitali, Qawaid., 19
87.    Al-Kindi, Takhsis., 8; Jitali, Qawaid., 33
 88.    Ibid., 25-26; Shammakhi, Sharh al-Aqidah., 76
 89.    Qur’an:      Il, 217
 90.    Jitali, Qawaid., 27
 97.    Loc. cit.
 92.    Loc cit.
 93.    Ibid., 28; Ahmad b. Bakr, Tabyin af’al al-ibad., (Ms.), Ill, 42,
        48:    Warijlani,     Dalil., 150a ff.; al-Qutb, Sharh al-Nil., X, 428-
        29
 94.    Jitali, Sharh al-Nuniyah., \l, 30; Qawaid., 35
 95.    Qur’an: XVII, 37
 96.    Qur’an: XLIX, 6
 97.    Jitali, Qawaid., 46
 98.    Salimi, Mashanq., 372
 99.    Loc. cit.
 100.   Loc. cit.
  «272
101.  Shammakhi, “Svar, 125: Darjini oe                     "25-27   Barradi,
      Jawahir., 170-171
102.  Al-Salimi, op. cit., 373
103.  Nicholson, a Literary history of the Arabs., 1962, 83
104.  Ibid., 84
105.  Goldziher,       Muslim    Studies,    (English translation), (1967), I,
      55
106.  Zawzani,        Sharh      al-Muallaqat.,      editor   Muhammad         Ali
      Hamadallah, Damascus, 1963, 110-111
107.  lbn Manzur, Lisan., (Beirut, 1956), IV,               374,   IX, 490, XX,
      261; Jawad Ali, Tarikh al-Arab, Baghdad,              1950, |, 366
 108. Mahmud        Shukri al-Alusi, Bulugh al-Arab fi ma’rifat ahwal al-
      Arab., 2" edition, Cairo, 1924, Ill, 27-29
 109. The translation o these two lines is given by Professor
      Arberry as follows: “Unceasingly | tippled the wine and took
      my joy, unceasingly | sold and squandered my hoard and
      my patrimony till all my family deserted me, every one of
      them,       and |! sat alone like a lonely camel scabby with
      mange.”       The seven odes., 1957, 86
 110.  lbn    Hisham,      Sirah.,   gnd   edition,   Mustafa    al-Saqga     and
      others,      Cairo,    1955,     |  350;   Cf.  Guillaume,     The  life of
       Muhammad, 159ff.
 111. Al-Kindi, Takhsis., 29
 112.  Qur’an: VIII, 72; Also IV, 89
 113.  Qur’an: X, 117-118
 114.  lbn Hisham., Op. cit
 115.  Darjini, Tabagat., 272; Shammakhi, Siyar, 111-12
 116.  Isfahani, Aghani, XXIll, 115
 117. Anonymous, Majmu Ajwibah, Ms. 38
 118.  Jitali, Qanatir al-Khairat., My edition, Cairo, 1965, |, 164
 119.  Jitali, op. cit, 165; Darjini, Tabagat., 239
 120.  Shammakhi, Siyar, 85; Darjini, op. cit., 231-32
 121.  Shammakhi, op. cit., 120; Darjini, op. cit., 231; Wisyani,
       Siyar, 62
 122.  Shammakhi, op. cit., 86; Darjini, op. cit., 229-230
      Cf. supra, 249 ff
      Cf. supra, 256
      Jitali,  Qawaid.,   28;  Shammakhi,    op.  cit., 76: Warijlani, al-
      Dalil., 150a ff. According to him, Jabir gave orders for the
      killer of Khardalah to be killed. He says that Khardalah was
      an Ibadhi, and his killer killed him for that reason
126.  For more details see below, 397 ff
127.  Cf. infra, 406 ff
128.  Shammakhi, Siyar., 89
 129. Barradi, Jawahir., 158 ff
 130. Ibid.,    161.    The expression “renounced him,” (tabarrau
      minh) is given only in the text of the letter of Ibn Ibad in
      Sharh Agidat al-tawhid of al-Qutb, 245. It is not given in al-
      Jawahir of al-Barradi (Mss. Of a/-Jawahir were also
      consulted), nor is it given in the text contained in the Umani
      Ms.
131.  Barradi, op. cit., 164
132.  Abu Qahtan, Sirah., Ms. 18-22
133.  Ibid., 23
134.  Darjini, Tabagat., 198
135.  Qur’an:      XLIX, 10.    The translation    quoted    here is from
      Rodwell, The Koran., 1968, 469
136.  Muhammad b. Mahbub,           Sirah., Ms.   (part of Ms. Of mixed
      contents), 199
137.  Abu Qahtan, Sirah., 26
138.  Barradi, Jawahir., 163; Cf. al-Rugaishi, Misbah., Ms. 14-28
139.  Al-Rabi b. Habib, Musnad., |, 12-13
140.  Warijlani, al-Adl., Il, 270-307; Abu Qahtan, Sirah., Ms. 26;
      Barradi, Jawahir., 97
141.  Bisyani, Sirah., 24
142.  Ibid., 24
143.  Muqaddimat al-tawhid wa Shuruhuha., editor Abu Ishaq,
      Cairo, 1353, 52-53
144.  lbn Midad, Sifat Nasab al-Ulama., Ms.9
145.  Bisyani, Sirah., 24
                     GP
       ‘Ibid. “49
147.    Imam Abd al-Wahhab, Jawabat., Ms. 27
148.    Warijlani, Dalil, 99b-100a
149.    Loc. Cit
150.    Abu Qahtan, Sirah., 18
151.    Jahiz, Bayan.,         Il, 105
152.    Tabari, Tarikh., V, 256
153.    Tabari, Tarikh, V, 257
154.     For the views of the                  Khawarij  on  this  issue see: Al-
         Shahrastani,        Milal.,    |, 166,   169, 173; al-Baghdadi, a/-Farq
         bain al-firaq., ed. Kawthari, 45-67
 155.    Tabari, Tarikh, V, 191
 156.    Ibid., V, 566
 157.    Mubarrad, Kamil., Ill, 909-10.            Shahrastani, Milal., 181
 158.    Aflah, Jawabat., |, 31; lbn Khalfun, Ajwibah, 28 (Infra Il, text
         no. 3)
 159.    Ibid, V, 566
 160.    Ibid, 180; Ibn Khalfun, Ajwibah., 28
 161.    Jitali,  op.  cit,    180;    Abu    Sakin,  Amir  b. Ali al-Shammakhi,
         Idah., \l, 46
 162.    Loc. cit
 163.    Jitali, op. cit., 180; Abu Sakin, /dah, II, 64
 164.    Loc. Cit
 165.    Jitali, op. cit., 180
 166.     Loc. Cit
 167.    Abu Sakin, /dah., Ms. Il, 100
 168.     Shammakhi,        Siyar., 122, 232
  169.    Ibid., 228, Wisyani, Siyar., 4
 170.     Coulson, A history of Islamic law., 235
  171.    Diwan al-ashyakh: K. al-ahkam., Ms. 48b. Jannawani,
         Ahkam., Ms. 7
 172.     Diwan: Ahkam., 48b; Musabi, Hashiyah ala al-Musarrih.,
          Ms. 101b
 173. “Loc. “Cit. ‘Diwan. “Ahkam,            48b. For the question of      the
          testimony      (shahadah) Cf. Sulaiman b. Yakhlaf, Tuhaf., 52a:
          Warijlani, a/-Ad/., Ill, 87 ff., al-Qutb, Sharh al-Nil., Ms. 44a ff
 174.     Jitali, Qawaid., 191
 CHAPTER VII
 THE STAGES OF THE IBADHI COMMUNITY
 (Masalik al-din)
 Ilbadhi scholars use the term (masalik al-din), literally, the ways of
 religion, as referring to the stages of their community in which the
 laws of shari’ah are to be carried out. They mention the following
four states:
                 Manifestation (Zuhur);
                 Defence (difa);
                 Sacrifice of one’s life (shira);
                 The stage of Secrecy (kitman)."
 Each stage has its rules and regulations, and all of them were
experienced by Ibadhis throughout their history. All Ibadhi
scholars agree that there are no stages other than these four. It is
reported that Abu Bakr al-Zawaghi used to say at the sessions
(majalis) which he held, ‘We are not in a stage of manifestation
(zuhur), or defence (difa), neither in a state of the sacrifice of
one’s life (shira), nor in secrecy (kitman), but our time is
undefined.”~.       On hearing this, his colleague Abu Zakariya Fasil b.
Abi    Miswar commented, “The stages of the Muslim community are
four,   whosoever increases or decreases them is in error.”°           These
stages       (masalik)     were defined very early by Ibadhi scholars.
lbadhi      interpretation of Islamic history in its first fifty years
demonstrates        that   the Muslim     community   went  through the four
stages,     whether     during  the Prophet’s lifetime or afterwards.     The
   «SL CMS:                        IN
cycle   of these    stages    was  completed    when the ‘Umayyads took
over and     subjected the Muslim       community     to their rule.   Under
Umayyad rule, there was no chance for the true Muslims to
propagate their views or to command well and prohibit evil,; for
any such attempt usually led to imprisonment or death.                   The
alternative for true Muslims was to practise their activities in
secret.    The lbadhi movement intended        to revive the true religion,
and had to start in secrecy (kifman) with the aim of going through
the same experience as the first Muslim community towards the
stage of manifestation (Zuhur).
 In the following pages a brief study of the stages of the Muslim
community (masalik al-din) is undertaken.
 Manifestations (zuhur):
Zuhur     means     the    proclamation   of the independent        Imamate.
 During the state of manifestation Ibadhis elect their own Imam,
who should rule them according to the Qur’an, sunnah, and the
 example    of the    nghtly guided Imams.*    This is the principle stage
which    must    be maintained by Muslims.      The Prophet died leaving
the    Muslims in the stage of manifestation (zuhur).>       It is obligatory
for Muslims to maintain this state in order to execute the
 commands of God.           Hadd punishments, the Friday prayers, the
 collection of zakat and protection tax (jizyah), fighting such
 enemies    as   Polytheists and rebels (a/-bughat) the proper division
of spoils    and   zakaf,   none of these obligations can be carried out
without the authority of the Imam.©              \badhi scholars cite the
 Caliphates of Abu Bakr and Umar as examples of the stage of
manifestation in early Islam.
Whenever Muslims attain satisfactory conditions of proper, wealth,
and knowledge of religion, so that they can execute the commands
of God, and when they number about half of the enemy around
them,     they 1 must ‘proclaim       the‘tmamate and  ¢ ‘elect t their own Imam
from among their outstanding men. 8 The Imam had to implement
the orders of God as _ long as his followers numbered more than
forty.        If their number becomes less, he must proclaim the
dissolution of the Imamate.2
The stage of defence (difa):
Defence          becomes       the obligatory       duty      in   the    absence    of
manifestation         (zuhur).'9     When     under attack,         or suspecting     a
sudden       attack,    the  Muslims     must   elect    a leader to lead them in
fighting their enemy.         Such a leader is called /mam al-difa, Imam of
defence.          He must be a learned man of high military capability."
He has the same full authority as the Imam of zuhur until the end
of    the    war.!2       At the   end    of the war      his    Imamate     dissolves
automatically,        so the Muslims would have no difficulty in removing
him from his office. The Muslims must then elect their new Imam
as required by the resultant state, either of ‘manifestation’ or
‘secrecy’. !9 The first Imaam of defence given in Ibadhi sources is
Abdullah b. Wahb_ al-Rasibi who was elected before the battle of
al-Nahrawan.'4            The other Imams of defence of North Africa
included Abu Hatim al-Malzuzi, who tried to revive the Imamate of
‘manifestation’        which    was_   established by Abu al-Khattab Abd al-
Ala b. al-Samh al-Ma’afiri, '® and Abu Khazr Yaghla b. Zaltaf, who
tried to revive the Rustamid Imamate and fought the Fatimids for
this purpose. 16
Defence, (difa), can be regarded as a general revolution against
the unjust rule of tyrants or external enemies.                        If the general
revolution fails to achieve its aim and is suppressed, the Ibadhi
community enters a new stage known as the stage of secrecy,
(kitman).
   LLM
     <P                       S: IN VARSSSSS\.~
Both secrecy (kitman) and the sacrifice of one’s life, (shira), can
operate at the same time; for shira is not more than a voluntary
action of sacrificing one’s life; taken bya group of not less than
forty men who sacrifice their lives in the way of God in order to
encourage the rest of their community to change the unjust rule of
the enemies of God. 17
Shira, the sacrifice of one’s life:
The Arabic word shira means buying and selling. This term is
used in lbadhi writings for the action of sacrificing one’s life in the
cause of God to attain Paradise. Shuraft (pl.) are “those who have
sold their souls for the cause of God.”'8                   The term al-shira is
derived from the following verses of the Qur’an;
“God     has    bought     from    the     believers   their   selves  and    their
 possessions      against   the gift     of Paradise; they fight in the way of
 God; they kill, and are killed; that is a promise binding upon God in
 the Torah,     and   the  Gospel,      and   the  Koran;    and   who  fulfil his
 covenant truer than God?              So rejoice in the bargain you have
 made Him..... nis and, “So let them fight in the way of God who
 sell the present life for the world to come, and whosoever fights in
 the  way    of God    and    is slain,    or conquers, We shall bring him a
mighty wage....,”49        and    this verse, “But other men there are that
 sell themselves desiring God’s pleasure.”*"
The first person who practised Shira was Abu Bilal Mirdas Db.
 Hudair.     The idea of Shira or Khuruj (coming out) occurred to him
when he saw the harm caused by Ubaidullah b. Ziyad to his
fellow-Muslims.22.        His comment on the situation was, “Surely,
 being content with tyranny is an offence, and drawing the sword
and _ frightening the people is grave, but we come out and fight no-
one but those who do us wrong,”23 Abu Bilal used to elect among
the Muslims, the most trustworthy and outstanding men for the
task of Shira. He explained the conditions of Shira in the following
words in which he used to address every person who wished to
join him; “You go out to fight in the way of God desiring His
pleasure, not wanting anything of the goods of the present World,
nor have you any desire of it, nor will you return to it. You are the
abstemious       and the hater of this life, the desirous for the World to
Come, trying all in your power to obtain it. Going out to be killed
and for nothing else. So know that you are going to be killed and
have no return to this life; You are going forward and will not turn
away from righteousness till you come to God. If such is your
concern, go back and wind up you needs and wishes of this life,
pay    you  debts,    purchase     yourself,     take leave of your family and
tell them    that you will never return to them.         When you have done
so | will accept your pledge.”24
some scholars suggest that the state of Shira was practised first
during the Meccan period of the Prophet’s life. They point out that
the Prophet declared Islam openly when the number of his
followers reached forty,2°            and was directed by the Qur’an to
leave the house of al-Argam b. Abi al-Arqam which was “the
centre of his preaching activities.*2©               When he had passed the
stage of secrecy, God revealed to him, “O Prophet, God suffices
thee, and the believers who follow thee.”2/ According to Shaikh
Muhammad Yusuf Atfaiyish, this verse was revealed in Mecca and
was included afterwards in the chapter of the spoils (a/-Anfal)
which was revealed          in Madina.2® However, it is difficult to agree
with the suggestion         that the stage of Shira in Ibadhi doctrine was
derived from the above-mentioned event in the Prophet’s life.
Even if the circumstances were similar, which they were not, there
is still a great     difference,    which    lies in the fact that the timing of
such     actions   in the Prophet’s life was directly determined by
revelation. The: other thing is that all                om      had to follow i in any
action        the Prophet had to take, especially if the Quran
commanded            it, but the Ibadhis did not consider Shira as an
individual obligation; it was a voluntary duty only. This was one of
the main principles about which they differed from the Azraqites
who considered Khuruj as an individual obligation.29
The following are the regulations of Shira as explained by Abu al-
Abbas Ahmad b. Muhammad b. Bakr; “.... They, i.e. the Shureat,
agree that they sell themselves desiring God’s pleasure, and show
no claim for ruling, but to end tyranny and revive righteousness.
They must not revolt with less than forty men; they can complete
the number with a woman.                   If their intention was not to return
before ending falsity, bati/), they, therefore, must not return to their
homes        unless they ended falsehood or died.              If they went out with
the intention to return if they wanted, they can return at any time.
Their homes are their swords, so if they return to their original
 homes for any purpose, they must pray short prayers gasr and
 pray     complete      prayers    during    their revolt even though they were
far away from their original homes.”°9
 Shira      the most      commendable         sort of Jihad      in the  absence      of
 manifest       Imam.      In fact,   Ibadhis     used   shira in some cases as        a
 bridge for establishing the Manifest Imamate.”>"
The following are the main principles of Shira:
    i. Shira      is    a voluntary duty for lbadhis           in general,    and    an
         obligation for those who imposed it on themselves.
    li. The minimum number of forty persons must carry it out.
    lil.          They     must    elect their leader among themselves.            The
         authority of their leader is binding on his followers only.22
    IV.            Religious dissimulation, Tagiyah, does not behove the
        Shurat, they have to fight till they bring tyranny to an end or
        are     killed.°3     Some scholars say that they can return if only
        three of them were left.24
    v. They have no home except the places where they gather to
        fight their enemies; if they return to their original homes to get
        supplies, or information, or for any other purpose, they must
        consider themselves travellers and pray short prayers (gasr)
        while in their original homes.
   Vi.             They must not fight anyone except those who fight
        them,      must not follow the defeated or kill the injured, must not
        kill old men, women, or children, and must not take any spoils
        or property unless they have a right to it °° For instance, it is
        reported that Abu Bilal Mirdas and his followers, in their
        revolt, came across a caravan bringing spoils to the governor
        of     Basrah,    Ubaidullah   b.  Ziyad;    Abu   Bilal stopped   the
        Caravan,      took the emolument for himself and his companions,
        and gave receipts for that.26
 The stage of Secrecy (kitman):
Kitman means hiding one’s beliefs.                In this state the believers
keep their beliefs in secret to avoid suppression by their enemies
who        will not allow the Ibadhis to profess their beliefs if they
discovered them.            In this sense, hiding one’s beliefs is the best
way to preserve them.              So ‘secrecy’ becomes an obligation in
such a case.°/ Ibadhis started their movement in secrecy to avoid
suppression by the Umayyad rulers. Both lbadhi leaders Jabir b.
Zaid and his successor Abu Ubaidah Muslim b. Abi Karimah acted
in the stage of secrecy (kitman). All their activities were carried
out in secret. During this time, secrecy was recommended almost
in everything; it is reported that Dhuman Db. al-Saib, a pupil of Jabir
  Lee
   <P                         3- UN. VARS SSS
and     one    of the  leading    Shaikhs  of the  Ibadhis  community of
Basrah,     said, “Why     is it that one of you    hides  his money and
shows     his religion; perhaps he will come across someone who will
wrest it from him?!%8            |badhi scholars claim that the stage of
secrecy (kitman) in their doctrine is derived from the life of the
Prophet; but they differ in fixing the exact period of secrecy in the
life of the Prophet.           According to Shaikn Muhammad Yusuf
Atfaiyish, it is the period between the beginning of the revelation
up to the time when the number of the Muslims reached forty by
Umar b. al-Khattab declaring his acceptance of Islam.29 Abu
Sulaiman Dawud D. Ibrahim al-Talati regards all the period before
the   Prophet’s     immigration    to Madina   as a stage    of secrecy ,“4
while Abu Ammar Abd al-Kafi says, “The Prophet stayed in Mecca
for some time after the revelation, in secrecy.”4" It seems that he
 meant the period of three years of the prophethood before the
 revelation of this verse:
 “Procilaim what you have been ordered            and turn aside from the
 polytheists.”42       However, this was the basis on which Ibadhi
 scholars furnished the proof for the obligation of secrecy (kitman)
 as a religious duty ordered in the Qur’an.
 After the collapse of the Rustamid Imamate in Tahert in 909 A.D.
 Ibadhis of North Africa tried to revive their Imamate under the
 leadership of Abu Khazr Yaghla b. Zaltaf, but they lost the battle of
 Baghy which they fought against the Fatimids on the year 358
A.H.43       After this the Ibadhis entered the stage of secrecy up to
 our times.       No attempt was made afterwards by the Ibadhis of
 North Africa to establish anew Imamate. The regulations for the
 stage of secrecy as explained by Abu al-Abbas Ahmad b. Bakr are
 that, “the Ibadhis must gather and appoint a leader to whom they
 pay their zakat and alms-giving (huquq).44 He takes it from the
 pious among them and distributes it among the pious ones. They
must Visit each        other and form the imajalis’ for “teaching     their
doctrine and worshipping God.             They must also hold collective
prayers and carry out all that they can of the duty of enjoining
good and prohibiting evil’.4° Ibadhi communities during the time
of secrecy        become underground organisations which work in
secret to keep the unity of the community and the teachings of the
 lbadhi school.
The stage of secrecy which began in North Africa after the defeat
of the Ibadhis in Baghy, produced the system of the Azzabah.
This    system    is, in many aspects, similar to the organisation of the
 lbadhi   Shaikhs     of Basrah    in the times   of Jabir b. Zaid and Abu
 Ubaidah     Muslim b. Abi Karimah.4°          In every Ibadhi gathering
Azzabah       councils were formed to look after the affairs of the
 people.     The    councils    had to be formed of the best people in the
community, of special qualities and for special tasks.               During
 secrecy, the Azzabah councils exercise the full authority of the
 Imam in ruling the Ibadhi society in religious and social affairs.
 Since they were established, these councils are still in action in
Wad     Mzab,    but    in both Ibadhi communities of Jabal Nufusah and
 Jerba Island they were dissolved during the Ottoman rule. A
 detailed study of the Azzabah system, its rules and regulations,
 and _ the role it played in the Ibadhi communities and education will
 be an interesting one, and of great value.4/
 In the following few pages it is aimed to pinpoint the laws resulting
from the former division of the stages of the lbadhi community
 (masalik al-din) in the Ibadhi jurisprudence.
There is not much to be said about the stages of difa and Zuhur
 here, except that religious dissimulation (fagiyah) does not behove
the Imams of Difa and zuhur:48 this rule applies to the Shurat as
well.49 Among modern Ibadhi scholars, Shaikh Muhammad Yusuf
Atfaiyish objected to this opinion regarding the Imam of Zuhur,
‘for, ” as he argues,            “if religious    dissimulation 1 is lawful ‘for
individuals to save their lives, the question of the Imamate must be
of greater importance.”99
Concerming the stage of difa, it is already mentioned that the
Imamate of defence (/mamat al-difa) dissolves automatically after
the end of the war, but some scholars hold that the Imamate of
defence can remain after the end of the war as well."
Regarding the stage of shira, it has already been mentioned that it
is a voluntary duty for more than forty persons, and that they must
pray full prayer during their revolt though they are far from their
Original homes. In case the Shurat wanted to take over during the
 Imamate of defence, they have all the right to do so, for the Imam
of the Shurat, for his intention of sacrificing his life for the cause of
the Ibadhi community, is more entitled to the right of leadership
than    the Imam of difa.°2 Apart from this, all the laws of the Shurat
 are the same as those of the Ibadhi community during kitman.°?
Among the four stages, secrecy (kifman) was of great influence on
 Ibadhi jurisprudence in North Africa.              Abu Ya’qub al-Warijlani,
 discussed      in details    the laws of kitman      in his two books, al/-Dalil,
 and    al-Ad/    wa    al-insaf.      The   most     important aspect    is the
 suspension of the hadd punishment during kitman. According to
Warijlani, lbadhis regarded the stage of kitman of their community
 of the same conditions as the corresponding stage in the life of the
 Prophet in Mecca before hijrah when no hadd punishments were
 revealed yet.04 However, some Ibadhi scholars acted contrary to
this rule on certain occasions on the basis that secrecy (kitman)
takes the laws of zuhur whenever it is possible, though that zuhur
 must not take the laws of kitman.°°                 The only exception to the
 decision      of the suspension of the hudud is killing those who
 defame the Ibadhis. Such people are to be killed by any means at
 any time during the four stages. °©
         kth               ee & IN, VARSSSSS
During       kitman \badhis have to live under the rule of tyrants.
  Special      rules    were laid down for Ibadhis regarding their
  relationship with ‘tyrants’ in the time of kitman. The main principle
  is that the Ibadhis must not be of any help to tyrants in their rule,
 so they must not hold any posts for them.°’ The exception to this
 rule is that those members of the Ibadhi community who are known
 for    their    opposition     to   the  ‘tyrants’    and   were  capable    of
 commanding them to good and forbidding them from evil, such
 members can hold posts in the rule of ‘tyrants’; they can lead their
 troops in jihad, be in charge of the spoils (ghanaim), Qadiship, or
 futya (delivering legal opinions on religious questions). Ibadhis, in
 this  attitude,    follow  the    example    of   Ibn Abbas, Jabir b. Zaid, al-
 Hasan al-Basri and Shuraih al-Qadi. All these great scholars were
 known for their opposition to the rule of ‘tyrants’ and held posts
 under them. The condition for such an attitude is to run the posts
 according to the shan’ah and not fear anybody in practising
justice.°8
 If the members did not have the same qualities as those
 mentioned they must not be in charge of any post which is related
 to the public interest and might harm people, such as being in
charge of the market, or shurtah (police), or hisbah, etc., but there
 are certain jobs which they can hold such as calling for prayers
 (adhan, leading the prayers, lecturing in mosques, and teaching in
the schools.
There are certain occasions on which the ‘tyrants’ force Ibadhis to
act or speak contrary to their beliefs.                In such circumstances,
Ibadhi     school    allows   its followers     to  use a special dispensation
(rukhsah)      under the principle of religious dissimulation (fagiyah) to
avoid the punishment of death. They can, for example, say that
there is more than one God, or claim wa/ayah for the enemies of
God, and baraah from the true believers, or give false testimony,
or tell lies, all these with the tongue only without believing it. They
also    can eat during the day in Ramadhan, or eat carrion, blood, or
pork,    all this  to avoid the punishment of death.       If the punishment
is,   for instance, imprisonment, and they know that they will not die
in prison of hunger or thirst, or some other cruel punishment, they
must not then take the advantage of the special dispensation to
avoid imprisonment, for it is lawful only for avoiding death.©°
However, there are certain actions that they must not do even if
that should cause them the loss of their lives, such as slaying the
innocent, or seizing people’s property or wasting it, or giving up
their weapons to the               enemies, or drinking wine, committing
adultery, or eating and drinking the unclean (najas).©1
Although the Ibadhis held it lawful to live under the rule of ‘tyrants’
during      kitman, the most commendable attitude for members of the
 lbadhi    community     is to keep       away from tyrants and to be of any
 help to them.©2
 On the other hand,           lbadhis must pray Friday prayers        with the
 tyrants,    and   join    them     in the daily  prayers  in order   to keep
 collective prayers.©3
 It is also lawful for the Ibadhis to take gifts from the ‘tyrants’ if they
 give them, nut they must not ask the ‘tyrants’ for them.©4 The
 Nukkar, however, objected to this, and this was one of the topics
 on_ which they differed from the other Ibadhi scholars.©° Besides,
 Ibadhis, although living under the rule of ‘tyrants’, must have their
 own organisation to look after their affairs, and to plan for the
 safety of their community and_ to preserve the teachings of their
 schools; in other words, to prevent the Ibadhis from melting into
 the     large    body     of     their opponents, and to prepare for
 ‘manifestation’.
 1. Abu Zakariya al-Jannawani, al-Wad., 29; Agidat al-tawhid, 17ff-
 Amr b. Jumai, Agidat al-tawhid, 50-54, Anmad b. Bakr, Masail al-
 tawhid, My edition, 24
 2.      Shammakh, Siyar, 372; Darjini, Tabagat, 340
 3.      Loc. Cit; Ahmad b. Bakr, op. cit, 24; Abu al-Rabi Sulaiman b.
         Yakhlaf,     Tuhaf, 32
         Darjini, Tabaqgat, 5, Ahmad b. Bakr, op. cit., 25
DANO >
         Shammakhi, Sharh Aqidat al-tawhid, 50
         Loc. Cit.,
         Loc. Cit; al-Qutb, Sharh Agidat al-tawhid., 113-114
         Abu Ammar Abd al-Kafi, a/-Mujaz, Ms. 213-214
         Ajwibat      Ulama      Fazzan.,      Ms.   98;    Shammakhi, op cit., 54; Abu
eo
         Amir Musa _ b. Amir, a/-Lugat, Ms. 3, 8. For more details about
         the Ibadhi administration during the stage of manifestation, Cf.
         Warijlani, a/-Dalil., Ms. 103a ff. Of the modern scholars, Dr. J.
         Wilkinson treated the subject sufficiently in appendix   F of his
         thesis on Uman.       “The Imam and his powers,” Volume Il,
         Appendix F, 1-12
 10. Shammakhi, op. cit, 52
 11.Ahmad           b. Bakr, Masail al-tawhid, 25
12. Shammakhi,               op cit., 53
13. Ali Mu'ammar,              Nash’at al-madhhab al-lbadi, 94
14. Shammakhi, Siyar, 372; Sharh Aqidat al-tawhid, 53. And the
         note by Abu Ishaq, 54-55
15.lbn        Sallam,        Bad’ul-lsfam;      56-59.       Both   Shammakhi and Abu
         Ishaq      rejected      the      opinion   that    Abu    Hatim was   Imam   of
         defence,      and     suggested       that he was a manifest Imam (imam
         zuhur). Sharh Aqidat al-tawhid; editor Abu Ishaq, 53
                 <4                                        2
16. Danii, Tabaqat, 129, Abuuu Zakariya,         ~~ 49a ff. Shammakhi,
     Siyar, 350
17. Ali Muw’ammar, Nash‘at al-madhhab al-Ibadi, 9495
18. Della Vida, article “Kharidjites,” Sh. .E., 246
19. Qur'an: IX, Ill
20. Qur’an: IV, 74
27. Qur'an:    ||, 207
22.Cf. supra, 16-17
23.Baghturi, Siyar., 3; Cf. supra, 17
24. Munir b. al-Nai'yir al-Ju'lani, Sirah., Ms. 9
25. Al-Qutb, Sharh Agqidat al-tawhid, 114.
26. Watt, Muhammad, Prophet and statesman., (1967), 57
2/7. Qur’an: VIII, 64
28. Al-Qutb,    op. cit., 114
29. Cf supra, 21-23
30. Ahmad     b. Bakr, Masail al-tawhid., 25; al-Jami, (Abu mas’alah),
     26
31.Salimi, Tuhfah., |, 91
32.Abu Zakariya al-Jannawani, Agidah, 19; Ahmad b. Bakr, Masail
     al-tawhid., 25; Warijlan., Dalil., 149b; Abu Ammar, Mujaz., Il,
     126
33. Ahmad     b. Bakr, op. cit, 25
34.Abu Zakariya          al-Jannawani, Agidah, 17; Musa b. Amir, Lugat,
     Ms. 3, 8
35.Al-Harithi,       Salih b. Ali Ayn al-masalih fi Jawabat    al-Shaikh
     Salih, editor al-Tanukhi, Damascus, n.d. 412
36. Warijlani, Dalil., 99b
                    Mle S                       teceect Nee     PAX
 37.Al-Qutb, Sharh Agidat al-tawhid, 113
 38. Shammakhi, Siyar., 88
 39. Al-Qutb, op. cit. 115
40. Talati, Sharh Aqidat al-tawhid., 54
 41.Abu     Ammar,        Mujaz.,    Ms.  In the        possession of Muh. al-
     Aiyubi,224 Al-Aiyubi, 224
 42.Qur’an:     XV,     94. Cf. Guillaume, The life of Muhammad. Oxford
     1967, 117
43.Darjini,   Tabaqat., 129
44.Cf. Jitali, Qawaid., Ms. 184
45. Ahmad     b. Bakr, Masail al-tawhid., 24
46. Cf. Lewicki, article “Halkah,” E.I. 24 edition
47.Cf. Rubinacci, “Un antico documento di vita cenabitica
     musulmana.” A.|.O.N., Vol. X, 37-78
48.Abu Ammar,         Mujaz., Ms. Il, 124. Cf. supra, 377
49.Cf. Shammakhi,          Qasim b. Sulaiman, Sharh al-lu‘lu’ah., Ms. 420
90. Al-Qutb,     Jawabat.,      Ms. (fragments in my collection); al-Harithi,
     Isa b. Salih, Khulasat al-wasa'il fi tartib al-masa’ti., \l, 466
91.Al-Qutb, Sharh Agidat al-tawhid., 113
92. Shammakhi, Siyar, 92; Darjini, Tabagat, 238-39
93.Warijlani,     Dalil, 149b-150a
94. Warijlani, a/-Ad/, Ms. Il, 292-93
55. Wisyani,    Siyar., 106; Darjini, op. cit., 378
96. Warijlani, a/-Ad/., Ms. Il, 296
57.Salim b. Dhakwan,          Sirah., Ms. 222
58. Warijlani, Dalil, 108a-b; al-Ad/., Il, 314-322
59. Loc. Cit.
60. Ahmad b. Muhammad b. Bakr, a/-Jami., (Abu mas’alah), 108
61.Ibid., 109;     For more details about the Ibadhis concept of
    religious dissimulation (fagiyah) and the laws related to it, Cf.
    lbn Barakah, a/-Jami (Ms.), 61-65; Musabi, Hashiyah ala al-
    Musarnh., (Ms.), 109b-111a; and Salimi, Mashang anwar al-
    ugul., Cairo, 1314, 456-461.
62. Cf. supra, 413-14
63. Ahmad b. Muhammad b. Bakr, Masail al-tawhid., 25
64. Abu al-Rabi Sulaiman b. Yakhlaf, Tuhaf., (Ms.), 39a
Cf. supra. 269
 RECAPITULATION
 During its history, the religion of Islam passed through various
 Stages which left their mark, one way or another, on the structure
 of this religion, its laws and civilisation. The original features of
 the religion as it first appeared in the early Muslim community
 underwent certain changes (in different ways) which affected its
 primitive form. This, however, does not apply in every instance.
 There are still a few cases of Islamic communities close to the
 oldest form of Islam which exist today, and which struggled hard
 throughout     history to preserve that distinctive early character.
 This is evident in one of the oldest sects in Islam, the Ibadhis.
 Contrary to what is generally held, they (the Ibadhis) were nota
 branch of the Kharijite movement, moderate or otherwise, but, as
 appears to me through the study of Sunni as well as sectarian
 Islam, the Ibadhis seem to represent the pristine spirit of the
 religion of Islam struggling in the face of the political and social
 changes caused by the rapid expansion of the Islamic empire.
The building of the new empire made it imperative that the role of
 power in its material forms should occupy the first place. The pre-
 Islamic measures for obtaining power started to re-appear and
 replace the new values established by the new religion of Islam. It
was through the office of the third Caliph, Uthman b. Affan that the
 Umayyads      made their way to the important positions in the
government.       Marwan   b. al-Hakam,    who had been exiled by the
Prophet and remained in exile during the Caliphate of Abu Bakr
and Umar, was brought back to Medina by Uthman and became
one of the closest and most influential figures in Uthman’s court.
So also Abdullah b. Sad b. Abi Sarh, who was ordered by the
Prophet    to be   execute don the day of the conquest of Mecca, but
was    protected and given refuge by    Uthman, became his governor
of Egypt. This way of controlling affairs during the last six years of
Uthman put more power in the hands of his kinsmen, and to some
extent aroused the anger and resentment of Muslims in various
                         Ly Z-,S..
                                =.»
places. ‘They gathered from far and wide and ¢came >to ) Medina, ‘the
capital of the Caliphate at that time to change what they regarded
as efroneous policy.             This move brought about the death of
Uthman, and soon Ali b. Abi Talib was elected fourth Caliph in
Medina.        At this point commenced the endless civil wars among
Muslims.        Although the parties which arose immediately follow the
path of Uthman tried to justify their struggle for power by religious
arguments, it soon became clear that the issue was a straight fight
for the Office of the Caliphate as the highest post in the new
empire,     or,    according   to the satirical expression of Malik b. Anas,
“By    God,     they fought for nothing        nut a dust  coloured mess of
tharid, (al-tharid al-a’far)”?
After Ali had settled his account with Talhah and al-Zubair, he had
to face Mu’awiyah b. Abi Sufyan who was demanding vengeance
for the death of Uthman. At the beginning it seemed clear to the
supporters of Ali that the claim of Mu’awiyah was nothing but an
excuse for opposing the new Caliph, and therefore Ali should fight
Mu’awiyah and his supporters until they accepted his authority.
When Ali accepted arbitration, a large number of his supporters
abandoned him and elected as their new Amir, Abdullah b. Wahb
 al-Rasibi, and renounced Ali as Caliph.                Nevertheless, these
 people, most of whom were killed by Ali in al-Nahrawan and were
 known    by     the  name    Ahi al-Nahr or al-Muhakkimah, were the first
 party to try to establish a_ leading role in the new Islamic
community outside Quraish, who were respected by the rest of the
Arab tribes before Islam as guardians of the Holy House in Mecca,
and who kept the means of power after Islam within their own
hands.       After the death of Ali, his son al-Hasan was ready to
compromise for a settlement with the Umayyads after receiving an
assurance that he would be the Caliph on the death of Mu’awiyah.
The Umayyads established their strong rule over the Muslim world
and were able to suppress their Qurashite opposition led by the
Shiites, i.e. the party of Ali, or by lbn al-Zubair. The struggle for
the power among the Quraish was confined to the two houses of
   <5 LMIMES. IN \ARXSSS.
 Bin Um yyah and Bin Hashim. When the power of the Umayyads
declined in the vastly expanding empire, the Abbasids took over.
and so the struggle for power continued with scant respect for the
 principles of Islam and by using all means for obtaining power.
The Muhakkimah set the first practical example for non-Qurashites
to take their share in the struggle for the new values of Islam and
 in implementing them in political life. But when Mu’awiyah proved
 his firm control over the Islam territories through powerful leaders,
 it was      impossible to launch a successful attack, which could
change the whole situation. Some military moves were made as a
reaction to contemporary events; these manifested themselves in
the wars         fought mainly by Kharijites.           Meanwhile, the Ibadhi
movement        was     founded     in Basrah,    and   underwent    careful and
conscious planning — to imitate the policy of the Prophet in Mecca
Surrounded by powerful enemies — with the aim of restoring the
just Islamic Imamate and the true Muslim community on a religious
basis.     This movement was founded by Jabir b. Zaid, an
Outstanding tabi who studied under a large number of celebrated
Companions          of the Prophet, and as a result, the Ibadhi community
was the product of an educational intellectual movement which
had to deepen its roots and gain support in the contemporary
Muslim world, through a training based on strict adaptation of the
Islamic teachings as preserved by the leaders of the movement n
theory and practice. This position of the Ibadhis enabled them not
only   to form      a clear    view    of politico-religious  situation  of early
Islam,    but   also to oppose what they regarded as erroneous views
of the    Kharijites,      and to refute them at the very beginning of their
movement.         So.    the Ibadhis continued to preserve the closest
practical     version of Islam in a living community.               For various
reasons the Ibadhis gained large support among the Azdis and the
Arab    tribes    of Hadramawt        and Yemen,      as well as some major
Berber     tribes    of North    Africa,  and   by the early    decades of the
second century H., they (Ibadhis) were able to establish their own
states in Southern Arabia and in North Africa.
After the death of Jabir b. Zaid in 93 H., Ibadhis withdrew from the
surrounding population into             a secret organisation which had
developed and kept to its own doctrine.                Since then the Ibadhi
school has retained its independent features which present the old
Islamic teachings in the Traditions and the Athar reported through
certain fabi’un from the Companions of the Prophet, Professor
Sergeant, speaking about the Zaydis, said, “The Zaydis appear to
represent in the early stages of their development a form of Islam
closest to the original primitive theocratic shape of the faith.”2
The     Ibadhis would fit this description perhaps more than the
Zaydis since their system of law and their doctrines were
formulated earlier. Ibadhi authorities also confirm this view and
admit that the Zaydis, of all Islamic schools, are the closest to
them.     Abu Ammar Abd al-Kafi points out only three issues of
difference     between the two schools:        the question of the Imamate;
their approval of Ali’s acceptance of arbitration; and the regarding
as Polytheists of those who held that God is to be seen on the
 Last Day.°
The   foundation    of the     Ibadhi school by Jabir b. Zaid, an eminent
Traditionalist,   and   its growth     through    the efforts of Abu Ubaidah
 Muslim b. Karimah and his colleagues as an educational institution
 prevented its leadership from falling into the hands of anyone
 other than the most upright and learned members, whether during
the time of ‘secrecy’ or ‘manifestation.’               Ibadhi jurisprudence
although based on material reported by Ibadhi authorities alone
 used the same methods as the rest of the Muslim schools in
forming opinions. However, the Ibadhi school can be easily
distinguished     by the fact that its legal system           was  very much
concerned with the moral conduct of its followers. In other words,
observing the spirit of the law as well as the letter of the law. An
example of this appears in the acts which causes the breaking of
fasting and ablution, among which only the Ibadhis include all
 immoral    acts  such    as telling lies, slander an suchlike, listening to
slander    or music    etc.  and    looking   into others’ houses or eyeing
                                     288
foreign women etc.              In this respect, the system of ‘walayah’ and
 ‘baraah’       developed by Ibadhis was mainly based on full
observation of the religious obligations in order that the person
 might be taken as a ‘waliy’ and accordingly receive all rights due
to him from fellow lbadhis. This attitude regarding moral conduct
of the person covered other aspects of faith such as excluding
grave sinners from the right to intercession by the Prophet on the
 Last   Day,    and   the   belief that grave      sinners are to abide in Hell
 unless they repent before death. There are some other distinctive
features of the Ibadhi school, such as the suspension of the
 (hadd) punishments during the stage of ‘secrecy.’ And the laws
 laid down for this politico — religious stage.               In the legal and
 religious system there is anumber of points on which the Ibadhi
 school differs from the rest of the Islamic schools or from some of
them. This was due in fact to the texts on which those points were
 based.     In some cases Sunni or Shi'i authorities and vice-versa do
 not know the material used by Ibadhis.
The other main feature is that Ibadhis always have understood
 religion to be one unit in its political, spiritual and legal aspects
which should be carried out in life simultaneously. When one of
these aspects is suspended                   in certain stages of the Ibadhi
community,       it is not     out of negligence, but as a deliberate action
required by the current stage through which the community is
passing, based on the example of the Prophet’s practical life, and
which should lead to the next step of carrying out all teachings of
the religion in suitable conditions. This seems to be the reason
why      Ibadhis, for example, never accepted Sufism, because it
directs the activities of the Muslim mainly to the spiritual side and
does not care much for other aspects of religion. One of the early
comments on this point was made by Muhammad b. Mahbub
(ob.260 H.) in his Sirah to the lbadhis of Hadramawmt, “We learnt
that    certain    people    existed     in your country who     made   it their
worship      to wear     wool     during summer,       and have doubts about
fighting the enemies of God by the sword.”4
                                                    =~  4 —
                                        289
( aad ill Dal RS i Gy SSiny Grell gb pall ub 6 yom)
As lIbadhis have always lived in simple remote communities their
laws were not affected by changes of environment or time, and
remained in their original form.           Ibadhis always tried to live
according to the divine law, and to adapt it wherever they were
and at all time. Special rules for the different stages of politico—
religious situations were formed at an early stage according to
which the Ibadhi community had to maintain its existence.
There remains a great deal to be done to form a clearer picture of
the Ibadhi communities and their development in different fields of
 activity.   Very little is known about the present situation in the
 various Ibadhi countries and these Ibadhi communities need close
 study. There is still also a large body of original Ibadhi works on
 Hadith, law, theology, history and to their files of knowledge which
 deserves      attention, and an extensive amount of new material
 awaits patient examination and thorough inspection in order to
 have a more complete view of the Ibadhi school.
 1    Mubarrad, al-Kamil, Ill
 2    Arberry (general editor), Religion in the Middle East., Art.
      “Zaydis”, Il, 285
 3   Abu Ammar Abd al-Kafi, Mu‘az (Ms.) Il, 124
4     Muhammad b. Mahbub, Sirah, (Ms.) 279
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Study of al/-walayah          and a/-Baraah. The complete book is in 73
volumes).
Al-Kindi,    Abu Bakr Ahmad b. Abdullah b. Musa, K. al-Takhsis, (My
collection)
               Al-Musannaf,        (Several    volumes,      Baruniyah, Jerba)
The complete copy is in 41 volumes.
Al-Laluti, Abu Sahl, Jawabat Abi Sahi, (Baruniyah, Jerba)
Al-Mahruqi, Darwish        b.   Jumu’ah b. Omar, K. a/-Dalail wal-wasail.
(B.M. Or 2085)
Al-Malshuti,     Tabghurin       b.   Dawud    b.  Isa,   a/-Jahalat, (Salim   b.
Ya’qub, Jerba: Amhammad al-Baruni, Jadu)
               Usul al-din, (A number of Mss.)
  1.    Munir b. al-Naiyir al-Ju’lani, Sirah, written before 192H (Part
     of Ms. Of mixed comments, from Oman)
Al-Musabi, Abu Ya’qub Yusuf b. Muhammad, Hashiyah ala Risalat
Tabghurin. (Baruniyah, Jerba)
                Ae     Me ala ‘al-Musarrih, 4160       mm    (Baruni, Kabaw)
                 Risalah ila Ahmad Basha, (Part of Ms. of mixed
contents, Folios 149b, 159a, Baruni Kabaw
Al-Musabi,        Muhammad        b.   Abi     al-Qasim.     Jawabat   li-bad  al-
mukhalifin. 4 set, (Part of Ms. of mixed contents, folios 123a-149a.
Baruni Kabaw
Al-Musabi, Salih b. Ibrahim b. Abi Salih. Unuzah jima [khtassat bihi
kulli firqgah. (My collection)
Al-Qalhati,      Abu   Abdullah      Muhammad       b. Said al-Azdi. K. a/-Kashf
wal-bayan,         11,   volumes       (B.M.     or    2606    bound   together)
Amhammad al-Baruni, Jadu. Vol. 1 only)
Qatadah       b. Di’amah _ al-Sadusi, Aqwal Qatadah, VII parts (part of
the Ms of a/-Diwan al-ma’rud, Cf. Abu Ghanim
Al-Qutb,        Muhammad         Yusuf     Atfaiyish,   Jawabat     wa   Fatawa.
(Maktabat al-Qutb, Binyizgin, Mzab, a photocopy in my collection
                 Sharh Tabghurin, (al-Qutb, Binyizgin, Mzab)
                 Sharh Lamiyat Ibn al-Nazi. (Baruniyah Jerba)
Sharh al-Nil, (Several volumes, Baruni, Kabaw; Marsawani,
Ruhaibat)
Al-Rugaishi,       Anmad     b. Abdullah, Misbah al-zalam ala Da’aim, al-
qifah al-khamisah,) containing the commentary on al-a/-Lamiyah of
lpn al-Nazr. Dar al-Kutub, Cairo)
Al-Rustagi, Khamis            b. Said b. Ali.        K. al-Minhaj. Part XV on
marriage, 89 folios, (Baruni, Kabaw) another number of parts in al-
Baruniyah, Jerba, were consulted. (The complete book is in XXI
vols.)
Al-Sadwikshi, Abu Muhammad Abdullah b. Said, Jawab hawla
Salat al-Jumu ‘ah, (Part of Ms. of mixed contents, Baruni, Kabaw)
              Hashiyat al-Diyanat, (Several copies)
              Hawashi    ala al-sifr al-awwal     min    al-ldah.,   77 folios,
(Marsawani, Ruhaibat)
Said b. Tarit, Tarikh Ulama al-Jazirah,, Salim b. Ya’qub, Jerba)
Al-Sa’ighi, Salim b. Said,          Kanz    al-adib    wa_    sulafat al-labib.
Cambridge U.|. Add 2896)
Shabib b. Atiyah       al-Omani, Sirah,    (Part of Ms. of mixed contents
from Oman)
Al-Shammakhi, Abu al-Abbas, Ahmad b. Said, Jawabat, (Baruni,
Kabaw)
              -Jawab     li-Sulah    al-Ghadamasi,         (Baruni,     Kabaw;
Baruniyah, Jerba)
              -!'rab mushkil al-Daaim, (Baruniyah, Jerba)
-Tahqiq    al’ism    wa'l-musamma.,       (Baruni,    Kabaw,       Marsawani,
Ruhaibat)
              -Sharh Mukhtasar al-Adl wa'l-insaf., Baruniyah, Jerba
Al-Shammakhi,       Abu    Amir   Musa   b. Amin,     a/-Lugat,     165  folios.
(Incomplete copy, Baruni, Kabaw)
Al-Shammakhi, Abu Sakin Amir b. Ali
-ldah: Idah Adillat abwab al-figh \V (Marsawani, Ruhaibat)
             -Al-Diyanat, (My collection)
                      Se
              -Masail, (al-Ba’tur, Jerba)
Al-Shammakhi,       Qasim      b.  Sulaiman b. Muhammad,         Sharh Urjuzat
al-Lu'lu’ah fi ilm al-tawhid, 464 pp (Salim b. Ya’qub, Jerba)
Al-Sufi, Abu Amr Uthman b. Khalifa, Risa/ah fi bayan kulli firgah. (A
number of Mss. In my collection
              Al-Sualat, 354 pp (Marsawani, Ruhaibat)
Sulah b. Ibrahim al-Ghadamasi, Jawab, (Baruni, Kabaw)
Sulaiman     b.   Yakhlaf       al-Mazati,    a/-Tuhaf   al-makhzunah      wa’l-
Jawahir al-masunah (Baruni, Kabaw:             Baruniyah, Jerba)
Al-Talati, Amr b. Ramadhan al-Azhar al-riyadiyah ala al-manzumah
al-ra’iyah (Baruniyah, Jerba)
Al-la’ali  al-manzumat       fi ugud     al-Diyanat.   Amhammad      al-Baruni,
Jadu; Baruniyah, Jerba
              Al-la’ali al-maimuniyah         ala   al-Manzumah al-Nuniyah,
 (Baruniyah, Jerba)
              Nukhbat al-matin min Usul Tabghurin, (Baruni, Kabaw)
Al-Thamini,     Abd   al-Aziz b.     Ibrahim,   Aqd   al-Jawahir   min buhr al-
 Qanatir. 2 parts (Shaikh Muhammad al-Thamini, Tunisia)
               Ma’alim al-din, 1 volume. (Baruniyah, Jerba)
Al-Warijlani,    Abu Ya’qub Yusuf b. Ibrahim, K. a/-Dalil h-Ahl al-uqul
(B.M. or 6564)
              Al-Ad! wa al-insaf fi usul al-figh wa’! ikhtilaf, 3 parts 770
pp (My     collection.     Another copy in the collection of Babanu,
Mzab)
            "AL Qasidah alal hijazivah, (My ae
Al-Warijlani, Abu Zakariya Yahya b. Abi Bakr = Abu Zakariya
Wisyani, Abu al-Rabi Sulaiman b. Abd al-Salam, al-Siyar, Mahfuz
al-Baruni, Jerba.    | would like to record my thanks to Dr. Bynon of
S.0.S. who provided me with a Xeroxed copy of the Ms. of this
book in the possession of Professor Lewicki.
5 LISTOFF ARTICLES
Allanche,     US    “Deux   epitres  de theologic abadite.” xxx 22 4936,
57-88
Baali,   A. “Bibliographie ibadhite” Revur Algenene,       1943-45, Part|
39-40
Basset      R.      “Les sanctuaires du Dyjebel Nefousa”.          Journal
Asiatique, mai‘juin, 1899, 423-470 and juillet-aout, 1899, 88-120
Bekri, Chaikh “Le Kharijisme berbere.” A.I.E.O. 15 (1977), 55-108
Crupi La Rosa G. “I trasmettitori della dottrina ibadita.” AION, N.S.
5 (1953), 123-139
Ennami A.K. “Description of New Ibadhi Mss. From North Africa.
Journal of Scientific Studies., Vol. 15, |, 1970. 63-87
Gabrieli, F. “Sulle Origin del Movimento Harigita.” Rend. Accad.
Lincei, set 7, 3 91942-42) 110-117
Goichon.       A.M.    “La vie    feminine  au  Mzab.”   Revur  du  mondi
Musulmani. Vil. 62, 1925
Heggoy, Willy N.         “The   Mozabites  of Algeria Muslim World. Vol.
XXXVI. 192-207
Kubiak, Wladyslaw, al-Makhtutat al-arabiyah fi Bulunia, Majallat
Ma’had al-Makhtutat al-Arabiyah. Vol. V. | Cairo 1959, 17-22
Kafali. Muh. “The rise of Kharijism              according to Abu Said
Muhammad          b. Said al-Azdi al-Qalhati."” The bulleting of the
Faculty of Art, Cairo. XIV. |. 1952, 29-48
Kumar, Ravinder, ‘British attitude towards the Ibadhiyya revivalist
movement in East Africa.” /nt. Stud., 3, (1962), 443-450
 Lewicki, T “Note. sur la* chronique itibadite @ ad- Dargini: ” Rocznik
Orientalistyezny Xl, 1936, 146-172
 “Une chronique ibadite Kitab al-Siyar d’Abdul-Abbas Ahmad as-
 Sammahi.” Revue etude./s/. 1934, 59-78
              “Les subdivisions de I’lbadiyya.”      Studia Islamica, IV
 1958, 71-82
              “Les historiens, biographes et traditionistes ibadites
 wahbites de Afrique du Nord du VIIl au XVI siecles Folio or3
 (1961) 1-134
 “La repartition geographique des groupements ibadites dans
 Afrique du Nord au moyen-age.” Rocznik or., 21 (1957), 301-343
 “Les ibadites en Tunisie au moyen-age.” Conference tenue a la
 Bibliotheque de |’Academie Polonaise de Rome, 17 Feb. 1958
 “Quelques textes inedits en vieux berbere provenant d’une
 chronique Ibadite anonyme.” Revue etud /s/. 1934, Ill, 1935, 257-
 296
 ‘“Melanges berbere ibadites.” Revue etud. /s/., 1936, 267-285
 “Quelques textes inedits relatifs aux voyages des commercants et
 des missionaires ibadites      nord-africains au paus du Soudan
 occidental et central au Moyen Age.” Folio or2 (1960), 1-27
 “Un document ibadite inedit sur l’emigration des Nafusa du
 Gabrieli (Note supplementaire), Folio or 2 (1960), 214-216
“Les Ibadites dans |’Arabie du Sud au moyen age.” Folio or 1,
 (1959) 3-17 Also 24 Int. Cong Or, 362-364
“Al-Ibadiyya.” E.I. 2TM edition
  e<VCZIYES                             IN \BSSSS~
               -Al-Nukkar.” E./. supplement. 172-173
Marcy, G. ~Le        Dieu     des    Abadites    et des    Bargwata.”     Hesp. 22
1963), 35-56
Milliot. L. “Recuel de deliberation des djema‘a du Mzab.~ Revue
Etud Is/., Vol. XX1, 1939, 17-230
Al-Na'imi, Salim. “Zuhur al-Khawarij.” Majallat al-Mama al-ilmi al-
hagi, XV, 1967/1387, 10-35
Nallino,   C.A.    “Rapporti       fra la dogmatica Mu ‘tazilita e quella degli
Ibaditi dell’Africa Settentrionale.” R.S.O. Vol. VII, Roma, 1916-18,
455-460
Rubinacci, R. “Notizia di alcuni manoscritti ibaditi presso I’ Instituto
Unversitario Orientale di Napoli.” A./.O.N. N.S. 3, (1949) 431-438
               ‘I’Kitab      al-Gawahir      di   al-Barradi.”    A..O.N.    N.S.   4
(1952) 95-110
               “La    purita    rituale   secondo gli Ibaditi.” A./.O.N. N.S. 6
(1954-6), 1-41
“La professione         di fede     di al-Gannawuni.”       A./.O.N.     XIV 1964,
552-592
               “The Ibadhis.” In Religion in the Middle East. General
editor A.J. Arberry, Cambridge, 1969, II, 302-317
               “Il califfo Abd al-Malik b. Marwan e            gli Ibaditi A./.O.N.
also x000x documento.” Vol. X, 37-78
Sachau,     E.    ‘Uber    die   Reliksen    Anschauungen         der Ibaditischen
Muhammedaner             in Oman and            Ostafrika.”    Mitthelungen       des
 Seminars fin Orientalische Sprachen., Vol. ll, 1899, 97-82
  “CLES                              IN \ARNSSS..~
schacht,       J. “Bibliotheques        et   manuscrits       abadites.”    Revue
Africaine. 100 (1956) 375-398
                “Notes mozabites.” Al-Andalus, 22, (1957), 1-20
Shinar, Pessah. “Ibadiyya and orthodox reformism in modern
Algeria.”       Studies     in    Isl.      His and        civilization.    Scripta
Hierosolynitana. |X 1961. 97-120
Smogorzewski,         Z. “Essai    de Bio-bibliographic Ibadite-Wahbite.
Avant-propos.” Rocznik or., V, 1928, 45-47
                “Un   poeme    abadite sur certaines           divergences entre
les  Malikites et les Abadites.” Rocznik or., ||, 260-268
Strothmann,       R.  “Berber   und     lIbaditen.”   Der /slam., XVII, (1928),
258-279.
Thomson,         W.    “Kharijism      and       Kharijites.’    The     Macdonald
Presentation Volume, Princeton, 1933, 373-389
Veccia    Valieri, L. “L’Imamato abadita dell Oman.” A./.0.N., N.S. 3,
(1949). 245-282
PUBLISHED WORKS
a)  Ibadhi books
Abu     al-Abbas     Ahmad        b.   Muhammad         b.    Bakr,   a/-Jami   (Abu
mas'alah) Zanzibar, 1318
Abu Ammar Abd al-Kafi, K. /khtisar al-Jara’id, n.d. with other works
Abu Bakr Ahmad b. al-Nazr al-Omani, K. al-Da’aim, 2TM edition,
Damascus,      1966
Abu   Mahdi     Isa   b.   Ismail    al-Mas'abi,   Jawab      /i-Abi  Ali al-Bahlul,
Lithogr. Tunis, 1321, with other works
Abu Nasr. Fath b. Nuh al-Malushai, al-Qasidah al-nuniyah, Algiers
(1352/1933; also with K.                 a/-Da’aim of Abu Bakr b. al-Nazr,
Damascus 1966 pp 193-203
Al-manzumah al-ra‘iyah fi al-salat, also in K. al-Da’aim pp 203-211
Abu Ras Muhammad Mu'nis al-ahibbah                       fi akhbar Jerbah, editor
Muhammad al-Marzugi, Tunis 1960
Abu    Sittah, Muhammad b. Amr, Hashiyat al-Qawaid, Lithogr Cairo,
1297 Il Hashiyat K. al-Nikah           of al-Jannawani, Lithogr, Cairo, 1343
               Hashiyah        on    parts   3   and    4    of K.   al-ldah   of al-
Shammakhi,       Lithogr, Cairo 1309
               Jawabat., Lithogr, Cairo 1315
               Sharh Tartib al-Musnad. 3 vols. Zanzibar. 1304.
Anonymous. Dhikr asma ba’d Shuyukh al-Wahbiyah, Lithogr with
the Siyar of al-Sham
Al-Ashyakh, Diwan: (a) K. al-Sawm, Lithogr, Cairo, 1315
                         (b) K. al-taharat, Lithogr, Cairo, 1315
Al-Barradi.    Abu     al-Fad!l   Abu    al-Qasim    b.    Ibrahim,    a/-jawabu al-
muntagat fi ma akhalla bihi K. al-Tabaqat., Lithogr, Cairo, 1302
Risalah fi ba’d al-haqa'iaq, n.d. with other works.
Al-Baruni      Abdullah
                                 S- IN AEN
                           b. Yahya,       Sullam al-ammah wa al-mubtadi'in
 lima ’rifat a’immat al-din, Cairo, 1324
Al-Baruni, Abu al-Rabi           Sulaiman,      Mukhtasar tarikh al-Ibadhiyah,
Tunis, 1938/1357
Al-Baruni,      Muhammad b. Zakariya, Nisbat din al-Muslimin., Lithogr
with the Siyar of al-Shammakhi, Cairo, 1301
Al-Baruni, Sulaiman Basha, al-Azhar al-riyadiyah fi tarikh a’immat
 wa muluk al-lbadhiyah, Cairo, n.d. about 1324-1326 H, part 2 only
 Dabbuz, Muhammad Ali, Tarikh al-Maghrib al-Kabir., 3 vols.
-Thawrat al-Jazair was Nahdatuha al-mubarakah
Al-Hadrami, Ibrahim b. Qais, A.K.                Mukhtasar al-Khisal,   2 vols.,
 Lithogr Cairo, 1310/1893
                -b. Diwan al-saif al-Naqqad., 2" edition, Damascus,
n.d.
Al-Harith,     Isa b. Salih, Khulasat al/-wasail fi tartib al-masail., 2 vols.
Edited by Izz al-din al-Tanukhi, Damascus, n.d.
Al-Harith, Salih b. Ali, Ayn al-masalih fi Jawabat al-Shaikh Salih.,
edited by Izz al-din al-Tanukhi, Damascus
Al-Jannawani, Abu Zakariya Yahya b. al-Khair Agidat al-fawhid,
Lithogr, Algiers, 1325
                K. al-Nikah,     Lithogr,    Cairo, 1313 with the Hashiyah of
Abu Sittah
                K.  al-Sawm,       Lithogr,   Cairo,  1310  New edition of this
book is under preparation
K. al-Wad., ed. Abu Ishaq Ibrahim Atfaiyish, Cairo n.d.
Al-Jitali,   Abu   Tahir    Ismail    b. Musa,     K. Qawaid al-/siam, Lithogr,
Cairo 1297 with the Hashiyah of Abu Sittah
                K. al-Faraid and Magayis al-juruh, Lithogr together,
Cairo (8)
                        GP
             | *K “Qanatir - al-khairat. 3 vols. Lithogr. Cairo 1307. ‘Part
| of my edition of this book was published in Cairo, 1964
Mu’ammar, Ali Yahya, Ahkam al-safar fi al-lslam., Beirut, 1966
                Ajwibah wa fatawa, Nalut, 1970
                Al-Ibadhiyah fi mawkib al-tarikh
                Nash ’at al-lbadhiyah., Cairo, 1964/1384
                Al-lbadhiyah fi Tunis, Beirut, 1966/1385
                Samar usrah muslimah., Beirut, 1966/1385
Al-Musabi,       Muhammad b. Abi al-Qasim, Risalah fi bayan agidatina
wa al-Jawab ala ma qadaha bihi al-mukhalif., n.d. with other works.
Al-Musabi,      Yusuf     b. Muhammad.       Risalah ila Ahmad Basha.    N.d.
Abu Ishag 1343
 Izalat al-itirad an muhugqgdi al Ibad., Zanzibar, 1316
         [zhaq al-batil bi I-ilm al-hatil. Lithogr, Algiers, 1317
 Jami al-shaml       fi hadith   Khair   al-Rusul., Lithogr. N.d. Baruniyah,
 Cairo
         Jami al-Wad wa al-Hashiyah., Lithogr, Cairo, 1306
         Jawab Ahi Zuwarah.,        Lithogr, Algiers, 1325
         Al-Radd ala al-Uqbi., Lithogr, Tunis, 1321 with other works
         Risalah shafiyah fi ba’d al-tawarikh, Lithogr, Algiers, 1299
         Sharh Agidat al-tawhid., Lithogr Algiers, 1326
 Shar al-Nil., 10 vols, Cairo ( A complete copy in the possession of
 Ali Muw’ammar, Nalut, Libya)
         Sharh al-Daaim., 2 vols. Lithogr, Algiers, 1326
          Tafgih al-ghamir bi-tartib Luqat Musa b. Amir, Lifhogr,
 Algiers, 1319
          Taisir al-tafsir, 6 vols, Lithogr, Algiers, 1326
         Tartib al Muallaget fzfi akhbar ahl al-da SS Lithoor
Baruniyah, Cairo, n.d.
Al-Rabi b. Habib, a/-Jami al-Sahih, 3" edition, Quds, 1381
Al-Sa'di, Jumaiyil b. Khamis, K. Qamus                al-shaniah.,  vols.  IX,
Zanzibar, 1880-84 (B.M. 14516c4)
Said b. Tarit,      a/-Maslak al-mahmud       fi ma'rifat al-rudud., Lithogr,
Tunis 1331
Al-Salimi, Abdullah b. Humaid, Bahjat a/-anwar., on the margins of
 Tal‘at al-shams., |. Cairo n.d.
Al-hujaj al-muqni’ah       fi ahkam    salat al-jumu'‘ah on the margins of
 Tal‘at al-shams, Il
Jawhar al-nizam, Cairo
Al-Lum‘ah al-mardiyah         min ‘ashi’ ‘at al-lbadhiyya. Tunis, n.d. with
other works.
Madarij al-kamal fi nazm Mukhtasar al-khisal, Zanzibar. 1316
                -Mashanig anwar al-ugul., Cairo, 1314
                -Sharh al-Jami al-sahih. 3 vols, | and Il, Cairo, 1324, Ill
ed. [zz al-din al-Tanukhi, Damascus, 1963
Tal‘at al-shams., 2 vols. Cairo, n.d.
                Talqin al-sibyan., 7" ed. Damascus, 1966
Tuhfat al-ayan bi-sirat Ahl Oman. 2 vols, 2" ed. Edited by Abu
Ishaq, Cairo, 1950
Al-Salimi,     Muhammad        b. Abdullah   Nahdat al-ayan li-bihurryat
Uman,     Cairo, n.d.
And Naji Assaf, Oman Tarikh yatakallam, Damascus, 1963
Al-Shammakhi, Ahmad b. Said al-Siyar, Lithogr, Cairo, 1301
                       Ge
-Sharh Agidat al-tawhid, ala» Mugadaimat al-tawhid wa Shuruhuha.
Ed. Abu Ishaq, Cairo, 1353
Al-Shammakhi, Amir b. Ali,        K.  al-ldah, 4 vols. Lithogr, Cairo ond
ed. Part I, Beirut, 1390/1970
Al-Shammakhi,       Qasim b. Said b. Qasim, al-Qaw/ al-matin fi al-radd
ala al-mukhalifin., Cairo, 1324
Al-Sufi Abu Amr Uthman          b. Khalifah, Risalah fi bayan kull firqah.
n.d. with other works.
Sulaiman b. Yakhlaf, Abu al-Rabi a/-Siyar Lithogr, Tunis, 1321
Al-Talati, Amr b. Ramadan, Sharh al-Diyanat., Lithogr, Cairo, 1304
A-Thamini,     Abd al-Aziz b. Ibrahim, K. a/-Nil, 3 vols. 2nd ed. Edited
by Bakalli Abd al-Rahman b. Umar, Algiers, 1969/1389
-Al-Asrar    al-nuraniyah ala al-manzumah al-ra’iyah. Lithogr, Cairo,
1304
-Al-Nur, Sharh al-Qasidah al-Nuniyah, Lithogr, Cairo, 1306
-Al-Takmil lima akhalla bihi K. al-Nil. Tunis 1925/1344
-Al-Ward al-bassam fi nyad al-ahkam. Tunis 1315, Warijlani Abu
Ya’qub Yusuf b. Ibrahim, a/-Dalil wa al-Burhan, Lithogr, Cairo
1306
              -Tartib   al-Musnad.,     various   editions   Cf. Al-Rabi   b.
Habib by General books
Abu     Dawud,     Sunan.,   4  vols.    Ed.  M.M    Abd   al-Hamid,   Cairo
1369/1950
Abu al-Fad!l Abd al-Rahman b. al-Husain al-lragi, a/-Mughni an
ham al-asfar fi takhrij ma fi al-lhya min al-akhbar with lhya ulum al-
din of al-Ghazali, Cairo, 1353/1939
Abu _ al-Faraj al-isfahani, Ali b. al-Husain, K. a/-Aghani, 24 vols. Ed
Abd al-Sattar Ahmad Farraj, Beirut, 1360/1361
         (itil                  &. IN \BEQSSSs.
 Abu Nu'aim, Ahmad t b. "Abdullah al-Isbahani, Hilyat al-awliya wa
 Tabagqat al-asfiya, 10 vols, Cairo, 1932
Abu Uwanah, Ya’qub n. Ishaq, Musnad, Haydarabad, 1362 II
Abu Zahrah, Muhammad, Malik, 29 impr. Cairo, 1952
              Abu Hanifah, 2" ed. Cairo, 1955
              Al-Shafii, Cairo, 1364/1954
Abu    Zahw, Muh. Muhammad, al/-Hadith wa al-Muhaddithun, Cairo,
 1958
Ajaj al-Khatib, al-Sunnah qgabl al-tadwin, Cairo, 1383/1963
Ali Hasan Abd al-Qadir,            Nazrah ammah fi tarikh al-figh al-Islami,
 Cairo, 1361/1942
Al-Alusi,   Mahmud Shukri, Bulugh al-arab fi ma’rfat ahwal al-Arab,
29 oq. Cairo, 1924
Arberry,    A.J.   The   Koran     Interpreted.,   Oxford   University Press,
 1964
              General     Editor,    Religion in the Middle East,      2 vols.
Cambridge, 1969
Al-Ashari, Ali b. Ismail, Maqalat al-islamiyin wa ikhtilaf al-musallin,
ed. Hellmut Ritter, Istanbul, 1929
Azmi, M.M. Studies in Early Hadith Literature, Beirut, 1968
Al-Baghdadi,     Abu    Mansur Abd _ al-Qahir b. Tahir, al-Farq bain al-
firagq  Ed   Muhammad          Zahid    al-Kawthari,   Cairo,  1948,  English
translation with introduction and notes by Abraham S. Halkin 1935
Al-Baladhuri,    Ahmad      b. Yahya,      Futuh al-buldan, ed. Al-Munajjid,
Cairo, 1956
Al-Basri,  Muhammad         Db. Ali, a/-Mu'tamadfi usul al-fiqh. 2 vols. Ed
Hamidullah and others, Damascus, 1384-5/1964-65
 Bosworth, CE The Islamic Dynasties, Edinburgh, 1967
 Brockelman,      C.  Geschichte      de  Arabischen Litteratur (Brill reprint
 1943, 1949 Supplement band 1, Il and Ill, Leiden, 1937-1942)3
 parts of the Arabic translation by al-Najjar were published in Cairo,
 1959
 Al-Bukhari, Muhammad b. xxxx a/-Jami al-Sahih, various editions
 Al-Tarikh al-kabir., 4 vols. Haydarabad, 1361
 Al-Burhanfuri, Ali al-Muttagi al-Hindi, Kanz al-ummal fi sunan al-
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