al-Mājishūn

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al-Mājishūn , with full name ʿAbd al-ʿAzīz ibn ʿAbd Allāh ibn Abī Salama al-Mājishūn  /عبد العزيز بن عبد الله بن أبي سلمة الماجشون / ʿAbd al-ʿAzīz b. ʿAbd Allaah b. Abī Salama al-Māǧišūn († 780 in Baghdad ), was a lawyer in Medina and an older contemporary of Mālik ibn Anas .

Life

He belonged to a family of Persian origin in which the study of Islamic jurisprudence had a tradition; both his father and his uncle Yaʿqūb and his son Yūsuf were known as legal scholars in the early 8th century Medina. His family was traced back to a man from Isfahan by the name of Abū Salama Maimūn (Var. Dīnār), who had probably come to Medina as a slave.

Like Mālik ibn Anas, al-Mājishūn was a respected authority in the Medinan fatwa being . After the pilgrimage led by Caliph al-Mansur in 769, he moved to Baghdad, where he died in 780. At his burial in the Quraish cemetery near Baghdad, the Caliph al-Mahdi said the funeral prayer.

Works

He is said to have been the first to have summarized the legal teachings of the scholars working in Medina in accordance with their Idschmā einer in one script. His legal books were considered lost until 1985. Two parchment sheets - title sheet: recto and verso and end sheet: recto - have been published and commented on in the tradition of the North African legal scholar Sahnūn ibn Saʿīd in the scientific series Treatises for the Customer of the Orient , Volume XLVII, 3. According to the current state of research, al-Mādschishūn wrote his books before moving to Baghdad; they are thus before the creation of the Muwattaʾ  /الموطأ / al-Muwaṭṭaʾ  / 'the paved path' by Mālik ibn Anas. The fragments preserved are the oldest written evidence of early Medinan legal scholarship in the middle of the 8th century. The papers known today from his Kitāb al-ḥaǧǧ , on the Islamic pilgrimage regulations , were published in 2007.

The statement by the American orientalist Nabia Abbott that al-Mādschishūn did not resort to the hadith material as the source of his legal views has become less important after the publication of his fragmentary writings. Al-Mājishūn reports the Sunna of the Prophet Mohammed and his companions without specifying the Isnade , but his recourse to these traditions of Medinan origin is clearly documented in his teaching; they are handed down in the canonical collections of hadiths with isnads in identical wording. Both Medinan legal practice (al-ʿamal) and the Prophetendicta as the Sunnah of the Prophet appear at this stage of the written legal theory without any indication of the lines of tradition required in the following generations.

Because at the center of legal thought in the early 8th century is the Fiqh and not the Hadith. The law has been presented according to the Medinan Idschmāʿ, "without citing the traditions which can serve as the support of the doctrine." Only his younger contemporary Mālik ibn Anas made an attempt with his Muwaṭṭa zwischen to distinguish between the traditional hadith with an indication of their traditional ways (Isnade ) - in contrast to al-Mādschischūn - and to mediate the legal practice recognized in Medina.

al-Mājishūn has also made a name for himself in the field of theology . His two anti-qadaritic treatises are preserved in the theological writings of Ibn Batta al-ʿUqbarī († 997), whose scholarship regained topicality in the 12th century through the hadith scholar ʿAbd al-Ghanī al-Maqdisī .

literature

  • Nabia Abbott : Studies in Arabic Literary Papyri. Volume 2: Nabia Abbott: Qurʾānic Commentary and Tradition. University of Chicago Press, Chicago IL 1967, pp. 121-122 ( Oriental Institute Publications 76).
  • Ignaz Goldziher : Muhammadan Studies. Volume 2. Niemeyer, Halle 1890, pp. 218–220 (2nd reprint in 1 volume: Olms, Hildesheim et al. 2004. ISBN 3-487-12606-0 ( Documenta Arabica. Part 2: Ethnology, literature, cultural history )).
  • Miklos Muranyi : An old fragment of Medinan jurisprudence from Qairawān. From the Kitāb al-Ḥaǧǧ of ʿAbd al-ʿAzīz b. ʿAbd Allaah b. Abī Salama al-Māǧišūn (st. 164 / 780–81). Franz Steiner, Wiesbaden 1985 ( Treatises for the customer of the Orient 47, 3, ISSN  0567-4980 ).

Individual evidence

  1. ↑ Variant in both Arabic and secondary literature: al-Mādschaschūn
  2. ↑ Miklos Muranyi (1985), p. 30 and there note 53
  3. ↑ See Josef van Ess : Two anti-qadaritic letters of ʿAbdalʿaīz b. ʿAbdallāh b. Abī Salama al-Māǧašūn . In: Die Welt des Orients 16 (1985), p. 131 and note 11: Maimūn and Dīnār are typical slave names. There with the name variant: al-Mādschaschūn
  4. ↑ Josef van Ess, op. Cit. 132; M. Muranyi (1985), pp. 31-32
  5. ↑ Ignaz Goldziher (1890), p. 219
  6. ↑ Miklos Muranyi (1985), passim
  7. ↑ Dār Ibn Ḥazm. Beirut
  8. ↑ N. Abbott (1964), p. 122: "Mājishūn had made no attempt to quote Tradition in support of his legal views"
  9. ↑ M. Muranyi (1985), pp. 40ff.
  10. ↑ M. Muranyi (1985), pp. 85-91
  11. ↑ Ignaz Goldziher (1890), p. 219
  12. ↑ See Joseph Schacht : The Origins of Muhammadan Jurisprudence. Pp. 22-27; 61-70. Oxford 1967
  13. ^ The Encyclopaedia of Islam. New Edition. Brill. Suffer. Vol. 3, p. 734
  14. ↑ Josef van Ess: Biobibliographische Notes zur Islamic Theology . In: The World of the Orient. (WdO), Vol. 16 (1985), pp. 133-135


personal data
SURNAME al-Mājishūn
ALTERNATIVE NAMES al-Mājishūn; عبد العزيز بن عبد الله بن أبي سلمة الماجشون (Arabic)
BRIEF DESCRIPTION Lawyer in Medina
DATE OF BIRTH 7th century or 8th century
DATE OF DEATH 780
Place of death Baghdad