al-Qādī ʿIyād

The tomb of al-Qāḍī ʿIyāḍ in Marrakech (Morocco)

Abū l-Fadl ʿIyād ibn Mūsā al-Yahsubī as-Sabtī ( Arabic أبو الفضل عِياض بن موسى اليَحْصبيّ السبتي, DMG Abū l-Faḍl ʿIyāḍ ibn Mūsā al-Yaḥṣubī as-Sabtī ; * 1083 in Ceuta (Sabta); † 1149 in Marrakech ), also known as al-Qādī ʿIyād ( al-Qāḍī ʿIyāḍ ), was a legal scholar, historian and Qādī in Ceuta and Granada . He was the most famous representative of the Maliki school of law in the Islamic West during the Almoravid rule . Ibn Challikān calls him "Imām of his epoch in the field of traditional sciences, grammar, language, rhetoric of the Arabs, their days of battle and genealogy." He belonged to the theological school of the Ash'arites . He is one of the Seven Saints of Marrakech .

Life

His ancestors lived in Baza and moved to Fās at an unknown time . His grandfather left Fās and settled around 983-984 to Sabta (Ceuta), the birthplace of al-Qāḍī ʿIyāḍ, where he bought land, had a mosque and houses built as pious foundations . ʿIyāḍ ibn Mūsā began his studies with numerous scholars of his time in his birthplace, then he studied in Cordoba and Murcia . He did not undertake a study trip ( riḥla ) to the Islamic East.

After his return to Ceuta, he held the Qādī office there from 1131. In 1136 he was Qāḍī in Granada for a short time , where Yūsuf b. Tāšfīn was relieved of his office.

After the occupation of Ceuta by the Almohads , he paid homage to the new ruler ʿAbd al-Muʾmin , but fell out of favor after the revolt of the residents of Ceuta against the Almohads and was first exiled to Tadla and in 1148 to Marrākush, where he was under the personal Protection ( amān ) of the ruler.

His son Muḥammad, Abū ʿAbd Allāh († between 1176 and 1179) wrote a monograph about him: at-Taʿrīf bi-ʾl-Qāḍī ʿIyāḍ , in which he describes his curriculum vitae, his teaching activities , his self-recorded episodes from his life, and a selection the Ḥadīthe presented in the tradition of his teachers, his poems and letters. He introduces the collected materials with the following words: “My father told me how he recorded it for me by hand; and from that I transfer it (here) ...: “; or: "My father reported to me and gave me (for this) the rights of tradition ..."

Works

In his biography a total of thirty-two work titles are listed, of which only a few have survived today.

• His most important work is the comprehensive biography of the Mālikites: Tartīb al-madārik wa-taqrīb al-masālik li-maʿrifat aʿlām maḏhab Mālik . It begins with a detailed account of the life of Mālik ibn Anas , his merits and importance for the development and expansion of the Malikite school of law. An excerpt from it, which is limited to the Mālikites in North Africa during the rule of the Aghlabids , was published by Muḥammad Ṭalbī with an informative summary of the vita of al-Qāḍī ʿIyāḍ and his works. The work is arranged chronologically and according to countries in which there were Malikite schools of law. In the last entries the biographies of the older contemporaries of the author are presented.
• at-Tanbīhāt al-mustanbaṭa ʿalā ʾl-kutub al-Mudawwana wal-Muḫtaliṭa is the main work of al-Qāḍī ʿIyāḍ in the field of Fiqh . It is an extensive commentary on the legal work of Sahnūn ibn Saʿīd († 854 in Qairawān ) known under the title al-Mudawwana ( wal-Muḫtaliṭa ). Since Saḥnūn's work was already known in several copies and reviews in the 10th century and was the subject of the lesson, al-Qāḍī ʿIyāḍ mentions serious deviations in the content of the work reviews known to him and makes corrections. In addition to its legally relevant explanations, rare terms are also explained philologically.
• In his Kitāb aš-Šifāʾ fī taʿrīf ḥuqūq al-Muṣṭafā the author describes the virtues of the Prophet Mohammed ; At religious celebrations in North Africa and Morocco, especially on Muhammad's birthday , this book is used several times. The basis of the work are the teachings of Abū l-Ḥasan al-Aš Aarī , al-Bāqillānī and other representatives of this theological trend, which was widely spread in North Africa.
• The Ikmāl al-muʿlim fī-fawāʾid Muslim is a comprehensive supplement and processing of the commentary on Muslims Ṣaḥīḥ from the pen of his contemporary Muḥammad b. ʿAlī al-Māzirī († 1141) with Al-Mahdiya . The work bears testimony to the exact knowledge of the author in the field of traditional literature and Ḥadīth criticism. In the analysis of the Ḥadīṯe received from Muslims, the author does not limit himself to the teachings of the Malikite legal doctrine, but also presents the understanding of the traditional materials with numerous references to the other schools of law .
• In his Mašāriq al-anwār ʿalā ṣiḥāḥ al-āṯār , al-Qāḍī ʿIyāḍ explains selected terms from the Ḥadīth literature, the meanings of which, in his opinion, require a philological explanation. In doing so, he relies on Māliks Muwaṭṭaʾ , on al-Buḫārīs and Muslims Ṣaḥīḥ . Since Malik's Muwatta was the time of the author's work in several reviews in circulation, it also refers to the respective text versions of these reviews. The terms, including proper names and geographical terms, are arranged alphabetically with consistent references to both controversial views and errors ( wahm ) in understanding the respective words.
• al-Ilmāʿ fī maʿrifat uṣūl ar-riwāya wa-taqyīd as-samāʿ . This book is also dedicated to the adīth sciences. By describing the way of life of early traditionarians , the author states that dealing with Ḥadīth and Sunnah is the duty of man. He also explains how one can come into possession of this knowledge: by attending lectures, by reading the texts aloud to the teacher, by copying old templates and by obtaining the rights of tradition from the teacher.
• al-Iʿlām bi-ḥudūd wa-qawāʾid al-islām . In this work al-Qāḍī ʿIyād explains the five pillars of Islam according to the Sunni doctrine and according to the principles of the Malikite school of law. The starting point of his presentation is a saying traced back to the Prophet and handed down in the great Ḥadīṯ collections: "Islam was established on 5 (principles) ..." with subsequent naming of the five pillars. Only at the end of the work does he briefly discuss the punishments ( ḥudūd ) that are applied under Islamic law for violating the religious foundations ( qawāʿid ) discussed . Both those who fail to pray and those who refuse the Shahada are considered unbelievers and are punished with death.
• Maḏāhib al-ḥukkām fī nawāzil al-aḥkām , fatwa collection on various areas of law. The work was edited by Muḥammad Ibn Šarīfa in 1990 and translated into Spanish by Delfina Serrano under the title La actuación de los jueces en los procesos judiciales (Madrid 1990).
• al-Ġunya; Fihrist Shuyūḫ al-Qāḍī ʿIyāḍ . In this work, the author presents his hundred teachers in alphabetical order with their short biographies, from which he has taken older writings with the transmission rights. The book suggests the dissemination of Malikitic writings, Koranic works and Ḥadīth collections in Al-Andalus up to the time of the author.
• aṣ-Ṣalāt ʿalā n-nabīy is a treatise consisting of eight short chapters in which the benefits of the blessing on the prophet Mohammed are presented. In the last chapter the author raises the question of whether it is permissible to utter this formula about other prophets and persons, such as the first two caliphs. In doing so, he draws on partly controversial materials in the Ḥadīthliteratur.

literature

• Carl Brockelmann : History of Arabic Literature . Volume I. Brill, Leiden 1943, pp. 455-456; Supplementary volume I. Brill, Leiden 1937, pp. 630-632.
• Camilo Gómez-Rivas: Qāḍī ʿIyāḍ (d. 544/1149). In: Oussama Arabi, David Stephan Powers, Susan Ann Spectorsky (eds.): Islamic Legal Thought. A Compendium of Muslim Jurists Brill Academic Pub., 2013, ISBN 978-90-04-25452-7 , pp. 323-338.

Web links

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References and footnotes

1. ↑ For his name see: Tartīb al-madārik. Volume 1. pp. ج to ه (Ed. Muḥammad Tāwīt aṭ-Ṭanǧī. Rabat 1965); the spelling “Ayyad” is even wrong on the website of the Moroccan university uca.ma ( memento from November 21, 2014 in the Internet Archive ).
2. ^ Wafayāt al-aʿyān. Ed. Iḥsān ʿAbbās. Volume 3, p. 483.
3. ↑ Edited by Muhammad ben Šarīfa. 2nd edition, Rabat 1982
4. ↑ See the compilation by the editor Muḥammad ibn Tāwīt aṭ-Ṭanǧī in the introduction to Tartīb al-madārik , Volume 1. S. كا to S. كز
5. ↑ First edition in 8 volumes. Rabat 1965-1983. Very good digitization up to volume 6 , less good digitization of all volumes
6. ↑ Tarāǧim Aġlabīya mustaḫraǧa min Madārik al-Qāḍī ʿIyāḍ . Tunis 1968
7. ↑ Edited by Muḥammad al-Waṯīq and ʿAbd al-Naʿīm Ḥumatī. Dār Ibn Ḥazm, Beirut 2011 in four volumes, with a comprehensive introduction to the work of Muḥammad al-Waṯīq, volume IS 131–230
8. ↑ Edited by: Wizārat al-Awqāf wa-š-šuʾūn al-islāmīya. Rabat 2005. Another edition in two volumes was published by Dār al-kutub al-ʿilmīya in Beirut (no year). Aisha Abdarrahman Bewley translated the work into English. Madinah Press, Inverness 1991.
9. ↑ See the introduction to Volume 1 of Tartīb al-madārik , p. ح.
10. ↑ Edited by Yaḥyā Ismāʿīl in nine volumes. Dār al-Wafāʾ. Manṣūra 1998.
11. ↑ See the introduction by the editor Yaḥyā Ismāʿīl in the first volume, pp. 25–33.
12. ↑ Edited by al-Balʿamshī Aḥmad. Rabat 1982 in two volumes with a detailed index.
13. ^ Edited by al-Sayyid Aḥmad Ṣaqr. Cairo / Tunis 1978.
14. ^ Edited in two volumes by Muḥammad Ṣiddīq al-Minšāwī. Cairo 1995.
15. ↑ Heinrich Schützinger: The Kitāb al-Muʿǧam of Abū Bakr al-Ismāʿīlī. Treatises for the customers of the Orient. Volume XLIII, 3. Wiesbaden 1978. pp. 22-23; 55; Edited by Maher Zuhair Ǧarrār. Beirut 1982; a faulty edition by Muḥammad b. ʿAbd al-Karīm was published in Tunis 1978.
16. ^ Edited by Muḥammad ʿUṯmān al-Ḫušt. Cairo 1984 - however without any reference to the handwriting used in this treatise. It is evidently only an extract from the Kitāb aš-Šifā. Volume 2, pp. 60–83 (Beirut edition)