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A History of Islamic Law in Spain - An Overview - Muhammad Khalid Masud (Spring-Summer 1991)
A History of Islamic Law in Spain - An Overview - Muhammad Khalid Masud (Spring-Summer 1991)
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The historians of Islamic Law have generally noted that the schools
of law in Islam developed initially as regional traditions. These traditions
usually comprised the practices of three generations of scholars, going back
to one or more Companions of the Prophet. Al-Khudari traces seven such
regional traditions in Islamic law?in Madinah, Makkah, Kufa, Basra, Syria,
Egypt and Yemen.1 We shall mention only Madinah and Syria as they are
directly relevant to our discussion.
Madinah: The Prophet's wife '?'ishah (d. H 57),2 'Abd Allah ibn
'Umar (d. 73), and Ab? Hurayrah (d. 58) formed the nucleus of the Madinan
tradition. They were joined by the following Successors: Sa'?d ibn al
Musayyib (d. 94), 'Urwah ibn al-Zubayr (d. 94), Ab? Bakr ibn 'Abd al
Rahm?n (d. 94), ibn Husayn (d. 94), 'Ubayd Allah ibn 'Abd All?h ibn
Mas'?d (d. 98), Sulaym?n ibn Yas?r (d. 107), Al-Q?sim ibn Muhammad
ibn Ab? Bakr (d. 106), N?fi' (d. 117), Muhammad ibn Muslim ibn Shih?b
al-Zuhri (d. 124), Yahy? ibn Said (d. 143), and Rab?'ah ibn 'Abd al-Rahm?n
(d. 136).
M?lik ibn Anas grew up in Madinah and was nourished upon this
tradition. This tradition later developed into the M?lik? school of law. We
will have occasion to say more about this school in the subsequent pages.
Syria: The legal tradition developed in Syria with the three jurists
sent there by 'Umar ibn al-Khatt?b. They were 'Abd al-Rahm?n ibn Ghanam
al-Ash'ari (d. 78), Ab? Idr?s al-Kh?l?ni (d. 80), Qab?sah ibn Dhuwayb (d.
86). This tradition was continued by Makh?l ibn Ab? Muslim (d. 113), Raj?'
ibn Haywah (d. 112), and 'Umar ibn 'Abd al-'Az?z (d. 101). Awz?'i school
of law, prevalent in Spain before being replaced by the M?liki school, de
veloped in this tradition.
to Spain. Manuela Marin has recently studied this literature. About twenty
Companions and Successors are claimed to have arrived in Spain. However,
most of these stories are no more than legends.3
There is, however, no doubt that the legal tradition in Spain was
much influenced by the legal traditions of Syria and Madinah and later
developed itself as a coeval regional tradition. As shall be seen, the Awz?'?
school prevailed during the early Umayyad Spain, but later the M?lik? school
remained dominant throughout the history of Muslim Spain, with sporadic
appearance of the Z?hir? and Sh?fi'T schools.
Most of the recent works have concentrated only on the early period
of the history of M?lik? law in Spain. Studies by scholars like Lopez-Ortiz,4
and Brunschvig5 are confined to the issues relating to the introduction of
M?lik? law in Spain. L. Proven?al,6 though it is not his main subject, covers
this history only up to the Umayyads of Spain. Palencia7 and Hajaw?8 cover
the entire period of Muslim Spain, but the former treats Islamic law as one
of the manifestations of Islamic culture in Spain and in Hajaw?'s treatment
Spain forms'an indistinct part of the Maghrib in his general survey of Muslim
legal thought. The present study aims at presenting only an overview of the
major developments in this history. A list of prominent M?lik? jurists of
Spain of each century is given at the end as appendix.
The following periodisation has been adopted only for the sake of
convenience:
ations earlier. Malik's studies under teachers like Ibn Shih?b al-Zuhri (d.
124), an expert on hadlth, and RabFah ibn 'Abd al-Rahm?n (d. 136), known
as RabFah al-Ra'y, because of his adherence to extra-traditional methods
of l?gal reasoning, led him to integrate hadlth and ra'y into the basic principles
of the M?likl school. The two basic principles of school, 'amai ahi al-Mad?nah
(the practice of the people of Madinah) and Maslahah (common good) could
be seen as legal developments of hadlth and ra'y respectively.
Lopez Ortiz30 and H. Mon?s31 have argued that the Umayyad caliphs
in Spain adopted the M?lik? school to seek religious legitimacy for themselves
against their rivals in Spain as well as the 'Abb?sid caliphs in Baghdad. We
have argued elsewhere that it was not the question of religious legitimacy
but that of the support of the group of fuqah?' who had become a strong
political group by that time.32 As observed by 'Abd al-Majid Turki in a
recent study* .the cult of M?lik, through the production of the man?qib
literature, had created an environment in the Muslim west where al-faqih
became a prestigious title.33
Spain with the support of Syrian soldiers. His successor Hish?m I felt thre
atered by these soldiers, and therefore sought the support of religious scholars
to counter the influence of soldiers who were mostly adherents of the Awz?'i
school. It is also reported that religious leaders told Hish?m that Malik
admired his simplicity and piety and favoured the Umayyads against the
'Abb?sids. Consequently, the M?liki fuqah?' and Hish?m I became political
allies. Mon?s36 has studied this question in the context of a struggle for
throne between Hish?m I and Sulaym?n. Sulaym?n enjoyed the support of
the Syrian soldiers. Hish?m I, therefore, sought the support of the fuqah?'.
On the whole, the third century was a critical period for M?likism in
Spain. The Umayyad Caliphs in Spain, like their contemporary 'Abb?sid
caliphs in Baghdad, encouraged cultural expansion. Their patronage led to
the flowering of various arts and sciences. Philosophers, artists and men of
letters flocked to the Umayyad court from other parts of the Muslim world.
Simultaneously, the art of manufacturing paper also reached Spain. Xativa
(Sh?tiba, Jativa), Valencia and Toledo became the centres of this industry.40
Writing, copying, and collecting books on almost every subject became more
common. The fuqah?' felt threatened by this cultural onslaught and resorted
to taql?d as a matter of policy.
Education was solely in the hands of the fuqah?*. After analysing the
institutions of learning in the Muslim East and West, George Makdisi con
cludes that the Eastern type of madrasah institution did not exist in the
M?lik? areas because the particular interpretation of waqf (trust) that pro
duced this institution was not permitted in the M?lik? law.44
The personal relationship between the student and the teacher in the
system of education in the Muslim West strengthened the influence of jurists.
They were thus able to resist attempts, made by the governments, for teaching
philosophy, mysticism and all such sciences which could lead to free thinking
and deviation from the taqlid of the M?liki law.
'Umar ibn Hafs?n (d. 305), a rebel and apostate to Christianity, led
a dangerous revolt in the Southeast of Andalusia. This revolt which began
in Muhammad I's reign continued until 'Abd al-Rahm?n al-N?sir put an
end to it.46 After suppressing this revolt, al-N?sir took strong measures to
deal with the F?tim?d threat. Externally, he negotiated alliances with North
African rulers and engaged F?tim?ds in war on the soil of North Africa.
Internally he encouraged the fuqah?* to seek and execute the F?tim?d agents
in Spain. This policy was pursued with vigour as is evident from the account
of a trial that took place during the reign of Caliph al-Mustansir al-Hakam II.
A certain scholar named Abu'l Khayr was tried by q?di Ibn Sahl.
The witnesses testified that he vilified the wives of the Prophet (peace be
on him) as well as his Companions. It is significant to note that in addition
to other accusations, he was also charged with "professing the religions of
the east, may God's curse be on them".47
The above examples illustrate how the fuqah?' used these occasions
to consolidate their tradition. It is particularly significant to note that the
above-mentioned rulers were those who had done their utmost to curtail
the powers of the fuqah?'. They adopted various measures to undermine
their influence. Muhammad I encouraged the Hanbal?s and Sh?fi'?s to de
velop as alternate schools.48 Al-Mustansir founded a library and a university
in Cordoba, collected books on different sciences and encouraged the study
of Philosophy and Greek sciences.49 The fuqah?' considered these steps a
threat to M?likism and when these rulers sought the fuqah?'s support, the
latter seized this opportunity to strike against the rationalist trends.
Polarisation between the state officials and the fuqah?' had been
growing steadily. The fuqah?' were fully conscious of this polarisation and
adopted an increasingly strong posture of taqlid. Caliph 'Abd al-Rahm?n
al-N?sir was interested in a certain piece of land which was a trust property.
He called his sh?r? (consultative assembly) to advise him. Q?di Ibn Baq?
advised that the trust property could not be appropriated for any other
purpose. The Caliph's ministers denounced the q?dfs advice. The q?di was
supported by all the jurists in the Sh?r?. The ministers attacked the fuqah?'
saying how could such an advice be given by those who were themselves
accustomed to usurping properties of orphans, accepting bribes and giving
false testimonies. A jurist, Muhammad ibn Ibrahim took exception to these
remarks on behalf of the jurists who rose up in protest. The Caliph apologised
and the sh?r? was dismissed. Muhammad ibn Yahy? ibn Lub?bah, a jurist
whom al-N?sir had dismissed earlier from sh?r? offered to solve the Caliph's
problem if he was reappointed a member of the sh?r?. The Caliph recalled
the sh?r? after re-appointing him. Ibn Lub?bah advised that the Caliph
could opt for the Hanafi view about the trust property which was favourable
to him. The jurists protested vehemently and condemned Ibn Lub?bah for
giving up the M?lik? doctrine to which his ancestors had adhered.50
Besides such strict adherence to the M?lik? school, the fuqah?' also
insisted on putting a ban on the teaching of philosophy which had produced
"false religions in the East". The teaching of philosophy thus came to sym
bolise freedom to escape from the bond of conservative M?lik? tradition.
The Caliphs and state officials would patronise philosophy when they wanted
to contain M?likism and proscribe books on philosophy in the same vein to
please the fuqah?'. Al-Hakam II, for instance, used to patronise philosophers
to counter the fuqah?'. When the fuqah?' revolted against al-Mans?r, he
publicly set fire to books on philosophy which al-Hakam II had collected in
his library.51 During the reigns of the Caliphs mentioned above, schools of
law other than the M?lik?, were provided a chance to prosper but only the
Sh?fi'? school proved resilient enough to keep reapppearing intermittantly.
H?r?n ibn Nasr al-Qurtub? (d. 302), Uthm?n ibn Said al-Kin?n? (320), and
Aslam ibn k Abd al-4Aziz (d. 319) revived Q?sim ibn Sayy?r's legacy of the
Sh?f?l school.52 As we shall see later, the Sh?fi'? influence manifested itself
more strongly in the promotion of the studies of hadith and us?l al-fiqh.
It seems that the theoretical and philosophical aspects of law did not
receive much attention from the M?lik? jurists. The biographical accounts
ascribe titles of "Kit?bfi'l Us?l" to Yahy? ibn 'Umar (289) and 'Abd al-Malik
ibn Ahmad ibn al-Mashsh (d. 336), but no further details are available.55
The principles of the M?lik? school were perhaps more extensively elaborated
by Ab? 'Abd All?h Muhammad ibn H?rith al-Khushan? (d. 361) who wrote,
besides Tabaq?t al-M?likiyyah, the following significant works in this field:
Al-Ittif?q wa'l Ikhtil?fand Ra'y Malik al-ladh? kh?lafahu fihi Ash?buh.56
Similarly Ab? Bakr Muhammad ibn Yabq? ibn Zarb (d. 381) wrote Kit?b
al-Khis?l to refute Hanafi legal doctrines.
The field of Islamic law that most attracted the attention of writers
in this period was wath?'iq (legal documents). Ibn Hab?b's work is known
as the first book to be written in this field.58 Ab? 'Abd All?h Muhammad
ibn Ab? Zaman?n (d. 399) who wrote abridgements of al-Muwatta' and
al-Mudawwanah, also wrote Us?l al-Wath?'iq.59 The two outstanding au
thors on wath?'iq in this period were Ibn al-Hind? and Ibn al-'Att?r. Ahmad
ibn Sa'?d ibn Ibr?h?m al-Hamad?n?, popularly known as Ibn al-Hind? (d.
399), was an expert in the science of Shur?t (legal drafting). His book on
wath?'iq was cited as an authority in the courts of Spain and Africa. It seems
that he was not particularly popular among his contemporaries. Ibn Hayy?n
calls him discourteous ?ad?m al-mur?'ah).60
Ab? 'Abd All?h Muhammad ibn al-'Att?r (d. 399) was another expert
in legal drafting. He also wrote books on Shur?t and Wath?'iq. His rigidity,
The Consolidation
Muslim lands in the East were also under attack by Christian Crusad
ers. Internally, the Ism?'?l? movement proved to be a constant threat. Niz?m
The rule of al-Mur?bit?n proved a real blessing for the MUit? fuqah?'.
The Mur?bit?n were strict followers of the M?lik? school. Since the fuqah?'
had invited Mur?bit?n to Spain,65 there developed a very strong alliance
between the two. Although the Mur?bit?n had come initially to help the
king of Seville against the Christians, very soon they found it necessary to
take control of Spain directly into their own hands. The fuqah?', especially
the q?dis of various principalities, openly helped the Mar?bit?n against their
local rulers. With the support of the Mur?bit?n, the fuqah?' availed the
opportunity to purge Muslim Spain of the influences of anti-M?lik? elements
that had penetrated during the period of petty kings.
The Muwahhid?n believed that the Mur?bit?n had deviated from the
right path. Unlike the Mur?bit?n, they did not have high regard for any
school of law. Gradually M?lik? fiqh lost its prestige at the court. The
Muwahhid rulers favoured hadith and some of them patronised the Z?hiri
school. Ya'q?b ibn Y?suf (d. 596) adopted the Sh?fi'? school. He allowed
only Muwatta and books of Hadith to be studied and ordered public burning
of other M?lik? works.71
The Muwahhid?n's support for the Sh?fi'? school also meant encour
agement of Ash'ar? kal?m and Z?hirism. Indirectly it gave rise to interest
in philosophy. Great philosophers like Ibn Tufayl (d. 581) and Ibn Rushd
(d. 595) flourished during this period. With reference to Islamic law, how
ever, encouragement of rational sciences meant interest in usui al-fiqh. M?lik?
scholars wrote comparative studies of the Sh?fi'? and M?lik? principles of
jurisprudence. Some of them compared legal theories and tried to develop
syntheses of the principles of various schools of law.
The foremost among these scholars was Ab? 'Umar Y?suf ibn 'Umar
ibn 'Abd al-Barr al-Namiri (d. 463). He extensively studied al-Muwatta' and
produced comprehensive and voluminous reference works on its text; its
narrators; their names, genealogies, tribes, places, etc. He also compiled a
text-book on M?lik? substantive laws, aUK?fi, and books on comparative
law and conflict of laws like Kitab al-Ins?ffi m? fi Bismill?hi min al-Khil?f,
in which he criticised several M?lik? doctrines.72
Ab? Muhammad 'AH ibn Hazm al-Qurtub? (d. 454), though not a
M?lik? jurist, deserves mention here. He began his career as a Sh?fi'? but
very soon found himself attracted to the Z?hiri school. The hardships that
he suffered at the hands of M?lik? fuqah?' because of this "deviation",
hardened his attitude towards these schools very deeply. In addition to his
monumental work al-Muhalla, a comprehensive and systematic treatment
of the Z?hiri legal doctrines, he also wrote al-Ihk?m fi Usui al-Ahk?m as
well as refutation of qiy?s, ijm?' and istihs?n. Ibn Hazm was a man of letters
and an erudite scholar. His critique of his opponents evoked continuing
debates.80
Lis?n al-D?n Ibn al-Khat?b (d. 776) was given the status of wazir and
was charged with the responsibility of almost all the affairs of the government.
Ibn al?Khat?b, an erudite scholar, historian, poet, linguist, and also a great
jurist, was very critical of the role of the fuqah?* and their state of learning.
Not only did he criticise them in his writings, but also ridiculed them in the
court. He also interfered in the execution of their judgments.
Ab?'l Hasan al-Nub?h?, the q?di al-jam?'ah, was often the target of
Ibn al-Khat?b's derisive remarks. Al-Nub?h? (d. after 792) protested but
endured the insult as long as it had the Sultan's approval. Ibn al-Khat?b
soon provided him the occasion for revenge. During a negotiation with Ban?
Marin, Sultan Muhammad V found Ibn al-Khat?b taking sides with the
Marini Sultan. The negotiations failed and Ibn al-Khat?b found himself in
deep trouble. He defected to the Ban? Marin. Al-Nub?h? availed of this
opportunity. He tried Ibn al-Khat?b in absentia and accused him of heresy,
indulgence in philosophy and interference in matters of religion. Death
sentence was passed against him and his books were burned in public. The
Sultan sent the q?di to Morocco to bring Ibn al-Khat?b back to Granada.
The Marinid Sult?n refused to return Ibn al-Khat?b but put him in prison.
Al-Nub?h? did not succeed in securing his extradition, but prevailed in having
Ibn al-Khat?b killed in prison. His dead body was later burned in public.90
This incident illustrates how the Sult?n played the three important
officials against one another. More significant, however, is the evidence of
the fact that extreme polarisation between the fuqah?' and the rationalists
still existed. The attitude of the fuqah?* against rationalism is illustrated by
the following excerpt from al-Nub?hfs judgment against Ibn al-Khat?b:
The gulf between the state and the fuqah?' grew wider. The fuqaha
might have lost their political power at the court, but they were respected
at the lower levels. The muftis, who served as jurisconsults at the courts,
and the q?d?s, together enjoyed authority and leadership in the Muslim
community.
The muftis and q?d?s of Granada were approached when 'Abd Allah,
the last Nasrid king, conspired against his father, Abu'l Hasan. He was
supported by the courtiers who wanted to negotiate peace with the Christians.
The muftis condemned 'Abd Allah as a usurper and an illegitimate ruler.
They also denounced the agreement signed by the court officials to surrender
Granada to the king of Castile. This fatw? was signed by eight muftis in 888.
The notable among them were: 4AB ibn Muhammad al-Bast?, known as
al-Qalas?d? (d. 891), and Ab? 'Abd Allah Muhammad ibn Y?suf al-'Aydar?,
known as al-Maww?q (d. 897).92 The court intrigues, however, succeeded
and Granada was surrendered to the Christians in 897. Some of the sig
natories of this fatw? were also present at the ceremony of this surrender.
The Nasrid kingdom came to an end but Islamic law and M?likism
continued functioning in Spain. The Christian kings allowed Muslims to be
governed by their laws, then called Sunnah.93 During this period, Muslims
were led by the q?d?s and aUfaquies (as they were then called). The crusading
Christian Church never tolerated this situation. The Church kept on pressing
Muslims to convert to Christianity. Systematic work on conversion began
in 904. In 908 all Muslims were officially declared Christians and were
prohibited from practising Islam. Until their final expulsion from Spain in
1020, Muslims were continuously subjected to inquisition, massacre and
coercion. The elite had already migrated to Africa at the time of surrender,
and from among the rest, all those who could affoard, bribed their way out
of Spain.
Their closeness to the lower strata of the society made the fuqaha
aware of the economic and social problems. While political conditions in
Granada forced the community to take refuge in the security of conservatism,
the economic and social conditions pressed for a fresh look at the substantive
laws. We have studied these conditions in detail elsewhere.95 Briefly, it
may be stated that the pressure of the continuous migration into Granada,
scarcity of resources, rise of Italian trade in the Mediterranean, payment of
huge amounts of tribute to the Christians or Marinid rulers had heavily
burdened the already fragile Granadian economy.
Socially, the Muslims had a closer contact with the Christians. There
was an extensive movement of people between Christian and Muslim ter
ritories. People crossed borders as prisoners, refugees, traders, teachers,
emissaries or mere travellers. Christian Crusades had become a permanent
activity. This had given rise to the activity of annual jih?d excursions. Various
r?b?ts, built on the frontiers, attracted not only muj?hids and gh?z?s but also
the Sufis who devoted their lives to fight against the Christians.96
Ab?'l Q?sim Muhammad ibn Ahmad Ibn Jaziyy al-Gharn?t? (d. 741)
codified the M?lik? fiqh under the title Kit?b al-Qaw?n?n al-Fiqhiyyah fi
Talkh?s Madhhab al-M?likiyyah. This book became very popular. The sig
nificant contribution of the author to the field of law was, however, his book
on comparative law: al-Tanblh 'ala Madhhab al-Sh?fi'iyyah wa'l Hanafiyyah
wa'l Hanbaliyyah.9* Muhammad ibn Ahmad ibn Harb (d. 741) wrote al
Faw?'id al-Fiqhiyyah fi Madh?hib al-M?likiyyah wa'l Sh?fi'iyyah wa'l
Hanafiyyah wa'l Hanbaliyyah."
The interest shown by the fuqaha' in other schools was also made
possible in Spain by the influence of Ashiarism, and particularly Sh?fi'ism,
on Maliki usui in Egypt. Fakhr al-D?n al-R?z?, a Sh?fi'? jurist, commentator
and philosopher, had reinstated rationalism and philosophy by raising the
of the earlier authorities written by the later jurists, since that prevented
scholars from consulting the original works.107
In this respect the Mukhtasar written by Khal?l ibn Ish?q al-Jund? (d.
776) deserves special mention. It took Khal?l twenty-five years to write this
text-book, and he successfully abridged almost all the legal doctrines ex
pounded in the major M?lik? texts. It was so concise that it became enigmatic.
But since it was concise it became instantly popular among the teachers of
M?lik? law. This text was introduced into the Muslim West by Muhammad
ibn 'Umar ibn al-Fut?h al-Tilims?n? in 805.108 Its comprehensiveness in
creased the rigidness of conservatism among the M?lik? scholars. The famous
saying of N?sir al-D?n al-Laqq?n? (d. 958): "We are followers of Khal?l: if
he was wrong, we, too, are wrong",109 reflects the state of mind of the
M?lik? scholars in this period. Ibn Khald?n and Sh?tib? both argued that
this attitude had led the M?lik? school into an impass?. They specifically
criticised Ibn Sh?s (d. 610), Ibn Bash?r (d. 526), and Ibn al-H?jib110 for
this state of affairs.
Al-Hajaw? observes:
The M?lik? jurists held varying views on certain issues. Some judges
favoured an opinion contrary to the better known M?lik? view simply
in order to avoid its injurious effects, or to avoid public disapproval.
Or they followed customary practices in matters where the source of
law was custom or public interest. The later judges followed that
judgment as long as the legal cause existed due to which the former
judge had set aside the better known view.113
a -A'immat jar? aU'Amal. More books were written in this field by Sayyid?
'Arabi al-F?s? (d. 1052), and Shaykh Mayy?rah (d. 1051) who seems to be
inclined towards the Hanafi definition of custom. Finally, Shaykh 'Abd
al-Rahm?n ibn 'Abd al-Q?dir al-F?s? systematized this whole tradition under
the title 'Amai F?s.114 The judicial practices other than those of F?s, or
those that did not adhere to any local 'amai were called al-'Amal al
Mutlaq.115 The appointment letter of a q?d? contained a term saying: "He
shall judge cases according either to the better known view of M?lik? school
or to the judicial practice". Hajaw? observes that in practice it implied that
the judicial practice was overriding.116 The development of 'amai in
M?likism reflects not only the conservatism of the tradition but also the
institutionalisation of law as separate from theology.
47. See Farhat Dachraoui, "Tentative d'infilitration Siite en Espagne Musulmane Sous le regne
d'al-Hakam II," Al-Andalus, xxiii (195&), 97-106.
48. Imamuddin, Political History, pp. 77, and Provin?al, Histoire, vol. III, p. 476.
49. Imamuddin, Political History, p. 112.
50. Hajaw?, al-Fikr, vol. 2, p. 142.
51. Imamuddin, Political History, p. 119.
52. Palencia, T?rtkh, p. 431.
53. Hajaw?, al-Fikr, vol. II, p. 209 and Ibn Farh?n, Dib?j, p. 112.
54. ?l-J?d?, Muhadar?t, p. 132; Hajaw?, al-Fikr, vol. II, p. 119.
55. Ibid., p. 74.'
56. Ibn Farh?n, Dib?j, p. 259-60.
57. Ibid., p." 268.
58. Al-J?d?, Muhadar?t, p. 119.
59. Ibn Farh?n, D?b?j, p. 269-270.
60. Hajaw?, al-Fikr, vol. II, p. 119, quoting D?b?j, p. 38.
61. Ibid., p. 119-20.
62. Ibid., p. 115; Ibn Farh?n, D?b?j, p. 263.
63. Hajaw?, al-Fikr, p. 138.
64. See Mas'ud, Islamic Legal Philosophy, pp. 59ff.
65. Imamuddin, Political History, p. 155.
66. Ibid., p. 163.
67. Palencia, T?rtkh, pp. 330-332.
68. Ibid., p. 332.
69. Ibn Farh?n, D?b?j, p. 39, Hajaw?, al-Fikr, vol. II, p. 206.
70. Hajaw?, al-Fikr, vol. II, p. 2?0; Ibn Farh?n, D?b?j, p. 204.
71. ?b? Zahr?, M?lik, p. 461.
72. Hajaw?, al-Fikr, vol. II, p. 213.
73. ibid., p. 219. Ibn Farh?n, D?b?j, pp. 278-9.
74. Hajaw?, al-Fikr, vol. II, p. 223; D?b?j, pp. 169- 70.
75. See note no. 68.
76. Hajaw?, al-Fikr, II, p. 230; Ahmad Bab?, Nayl al-Ibtih?j bi tatr?z al-D?b?j, printed on the
margin of Ibn Farh?n, Dib?j, p. 200.
77. See 4Abd al-Majid Turki, Pol?mignes entre Ibn Hazm et a sur les Principes de la Loi
musulmane (Alger: ?tudes et Document, 1973).
78. Hajaw?, al-Fikrt II, pp. 216-7; Ibn Farh?n, D?b?j, p. 120.
79. ?l-J?d?, Muh?dar?t, p. 86.
80. Hajaw?, al-Fikr, vol. II, pp. 216-7.
81. Ibid., p. 221f; Ibn Farh?n, Dib?j, pp. 281-283.
82. Hajaw?, al-Fikr, vol. II, p. 228.
83. Ab? Bakr Muhammad ibn 'Abd Allah ibn al-'Arabi, Ahk?m al-Qur'?n (Cairo: Dar Ihy?'
al-Kutub al-'Arabiyyah, 1957), 2 volumes, see especially introductions by the author and
the editor.
84. Ibn Farh?n, Dtb?j, p. 39.
85. Hajaw?, al-Fikr, vol. II, p. 223; Ibn Farh?n, D?b?j, pp. 169-70.
86. Hajaw?, al-Fikr, vol. II, p. 207; Ibn Farh?n, Dib?j, p. 348.
87. Hajaw?, al-Fikr, vol. II, p. 223; Ibn Farh?n, D?b?j, pp. 169-70.
88. ibid., p. 217.
89. Ibn Farh?n, D?b?j, p. 170.
90. See for references, Mas'ud, Islamic Legal Philosophy, pp. 45-48.
91. Q?di Abu'l Hasan al-Nub?hi, al-Marqabat al-'Uly? fi man Yastahiqq al-Qad?' wa'l Futy?,
(Cairo: Dar al-Kit?b al-Misri, 1948), p. 201.
92. Fernando de la Granja has discussed this document in "condena de Boabdil por los al-Faquies
de Granada," Al-Andalas, xxxvi (1971), pp. 145-176.
93. Glick, Islamic and Christian Spain, p. 171, mentions the Charter of Denia(1227), by James
I, the King of Aragon, which defines sunnah as the "privileges and customs which the
Saracens were accustomed to have in the kingdom of Valencia". Interesetingly enough, the
Jewish law has also been referred to in this Charter as "Sunnah of the Jews".
94. Imamuddin, Political History, p. 191.
95. See Mas'ud, Islamic Legal Philosophy, pp. 66-75.
96. Ibid., pp. 58-65, especially p. 60.
97. See Ibid., pp. 119-140, and also Lopez Ortiz, "Fatwas Granadinas de los siglos xiv & xv,"
Al-Andalas, vi (1941), 73-127, and al-Wansharis?, al-MVy?r al-Mughrib wa'U?mV al-Mu'rib
'an Fat?w? 'Ulam?' Ifr?qiyyah wa'l Andalas wa'l Maghrib. (Fas, 1941).
98. Hajaw?, al-Fikr. Ibn Farh?n, D?b?j, pp. 295-%.
99. Palencia, T?r?kh, p. 429.
100. See E. Sharqawi, "Religion and Philosophy in the Thought of Fakhr al-Din al-Razi", Ph.D.
Dissertation, McGill, 1970, pp. 285ff.
101. See Mas'ud, Islamic Legal Philosophy, p. 57f.
102. Ibid.
103. Al-J?d?, Muhadar?t, p. 85.
104. Ibid., p. 78.
105. Ibid., p. 86.
106. Ibid., p. 82.
107. Al-J?d?, Muhadar?t, pp. 134-6; also Ab? Ish?q al-Sh?tib?, al-Muw?faqat fi Usui al-Sharfah,
vol. I (Beirut, Dar al-Ma'rifan, n.d.).
108. Hajaw?, al-Fikr, vol. II, p. 244.
109. Ibid. See also Musa A. Ajetunmobi, "A Critical Study of Mukhtasar Khalil", Islamic Studies,
XXV (1985), 275-288.
110. Ibn Khald?n, Muqaddimah, and al-Sh?tib?, al-Muw?faq?t, as quoted by Ahmad Baba, Nay I,
p. 50 and by al-J?d?, Muhadar?t, p. 134-36.
111. Al-Sh?tib?, al-Muw?faq?t, vol. iv, pp. 132-155. See also Mas'ud, Islamic Legal Philosophy,
pp. 211-213.
112. 'Umar al-J?d?, al-Vrfwa'l-Amalfi'lMadhhab al-M?lik? wa Mafh?muh? lad? 'Ulam?' al-Mag
hrib (Rabat: Ihy? Tur?th al-Isl?m?, 1984), p. 419ff.
113. Hajaw?, al-Fikr, vol. II, p. 406.
114. Ibid., p. 407.
115. Ibid., p. 408; see also H. Toledano, "The Chapter on Marriage from Sijilmasi's, al-Amai
al-Mutlaq: A study in Moroccan Judicial Practice," Ph.D. Thesis, Columbia University, 1969.
116. Hajaw?, al-Fikr, vol. II, p. 408.
117. See Mas'ud, Islamic Legal Philosophy, pp. 79-80.
118. Ibid., p. 80.
119. George Makdisi, "An Islamic Element," p. 132.
120. Mas'ud, Islamic Legal Philosophy, p. 80.
121. Ibid.
APPENDIX
SOME NOTABLE MUSLIM JURISTS OF SPAIN
Second Century
1. Ziy?d ibn 'Abd al-Rahman, known as Shabatun (d. 193), resident of Cordoba, studied
al-Muwatta' with Malik. His recension of Muwatta' is known as SinuY Ziy?d. He also studied
with Layth and Ibn 'Uyaynah, Malik's disciples.
2. Abu 'Abd Allah Muhammad ibn Sa'?d ibn Bash?r ibn Sharahb?l (d. 198), Malik's disciple.
3. Gh?z? ibn Qays (d. 199), M?lik's disciple.
Third Century
4. 'Isa ibn D?n?r al-Qurtub? (d. 212), studied with Malik's disciple Ibn al-Q?sim. Author of
Kit?b Sima', and Kit?b al-Hadyah, he was known as "the jurist of Andalus". He died in
Toledo.
5. Yahy? ibn Yahy? ibn Kathir al-Layth? (d. 234), a Berber of the Masmudah tribe. He was
the diciple of Shabat?n and narrated al-Muwatta' from him, as well as from Malik and Ibn
al-Q?sim. He was ranked next to 'Is? ibn D?n?r. Ibn Lub?bah called him "the wise man of
Andalus". Ibn 'Abd al-Barr called him "the chief of the scholars".
6. 'Abd al-Malik ibn Habib ibn Sulaym?n al-Sulami (d. 238), originally from Toledo, had
settled in Cordoba. A disciple of Ibn Majishun. He is the author of al-W?dihah.
7. Abu 'Abd Allah Muhammad ibn Ahmad ibn 'Abd al-'Aziz ibn 'Utbah, known as al-'Utb?
(d. 254), belonged to the Umayyad family of Abu Sufy?n. He migrated to Cordoba. He had
studied al-Muwatta' with great scholars like Yahy?, Sahn?n and Asb?gh. He compiled
al-Mustakhrajah on M?liki law.
8. Abu Zayd 'Abd al-Rahm?n ibn Ibr?hlm al-Umawi (d. 258), a resident of Cordoba, studied
with great scholars like Yahy?, Ibn M?jish?n and wrote eight books on M?liki Law.
9. Zakariyy? ibn Yahy? al-Kal?'? al-Qurtub? (d. 300).
10. Ab? 'Abd All?h Muhammad ibn 'Umar ibn Lub?bah al-Qurtub? (d. 314)
11. Fadl ibn Salmah al-Juhan? (d. 319), wrote abridgements of al-Mudawwanah, al-W?dihah
and al-Maw?ziyyah.
12. Abu 'Umar Ahmad ibn Maysir ibn Aghbash al-Qurtub? (d. 328).
13. 'Abd al-Malik ibn al-Mashsh (d. 336).
14. Ab? Muhammad Q?sim ibn Asb?gh al-Bay?m (d. 340), resident of Cordoba, had studied
with Baq? ibn Makhlid and al-Khushani. He travelled widely in the East, particularly in Iraq.
He was the teacher of Caliph 'Abd al-Rahm?n al-N?sir and of his successor. He is the author
of al-Musannaf, al-Mujtab? (a commentary on Ibn al-Jar?d's al-Muntaq?), Ahk?m al-Qur'?n,
and al-N?sikh wa'l Mans?kh.
15. Muhammad ibn 'Abd Allah ibn 'Aysh?n (d. 341) from Toledo; abridged al-Mudawwanah.
16. Ab? Ibrahim Ish?q ibn Ibrahim ibn Masarrah al-Tuj?b? (d. 355), originally from Toledo,
had settled in Cordoba. He was famous for his skill in fatw?, for his knowledge of hadith,
and for legal debates. He was appointed a jurisconsult by Hakam II. He is the author of
al-Nas?'ih and Ma'?lim al-Tah?rah.
17. Ab? 'Abd Allah Muhammad ibn H?rith al-Khush?n? (d. 361), originally from Ifriqiyyah,
had settled in Cordoba. He earned fame for his researches on the issue of the prayer direction
of the mosque in Ceuta. He had served as administrator of estates in Bougie. He is the
author of al-lttif?q wa'l Ikhtil?f, Ra'y M?lik alladh? Kh?lafah? fihi Ash?buhu, and Tabaq?t
al-M?likiyyah.
18. Muhammad ibn4 Abd al-Malik al-Kh?l?m (d. 364), from Valencia; abridged al-Mudawwanah.
19. Abu Bakr ibn Muhammad ibn Yabq? ibn Muhammad ibn Zarb (d. 381), a judge in Cordoba,
wrote Kit?b al-Khis?l to refute Hanaf? jurists.
20. Abu 4 Abd Allah Muhammad ibn 4Abd Allah ibn Isa ibn Ab? Zamanin (d. 399), originally
from Elvira, had settled in Granada. He was a distinguished scholar in the fields of law,
hadith, literature, lexicography and poetry; wrote Kit?b al-Muntakhab, Ikhtis?r al-Muwatta',
and Usui al-Wath?'iq.
21. Ahmad ibn Said ibn Ibrahim al-Hamad?m (d. 399), known as a scholar from India. His
books on shur?t were cited as authority in the courts in Adams and North Africa.
22. Abu 'Abd Allah Muhammad ibn Ahmad ibn 'Abd Allah ibn al-4 Attar (d. 399) was a skilled
notary and draftsman. His command on legal language and 'Urn al-shur?t earned him fame
as well as suffering. He was placed under house-arrest and forbidden by the Chief Judge in
Cordoba from acting as a juris-consult.
Fifth Century
23. Ab? 4Umar Ahmad ibn 4Abd al-Malik ibn al-Makw? (d. 401), belonged to Seville, was
known as Shaykh al-Andalus. He earned fame as a judge when he differed with Ibn Ab?
'?mir by refusing to issue death sentence on mere intention to murder.
24. Abu Ayy?b Sulaym?n ibn Batt?l al-Batlay?s? al-Tilams? (d. 402), wrote al-Muqni' fi usui
al-Ahk?m, al-M?qiz fi'l Zuhd, ?d?b al-Sawm, and al-Dal?l U? ta'at al-Jalil.
25. Muhammad ibn Yahy? ibn Ahmad ibn Muhammad al-Tam?m?, ibn al-Hadhdh?' (d. 410),
was the q?di of Seville.
26. Ab?4 Abd Allah Muhammad ibn 'Umar ibn Y?suf ibn Bashkuw?l ibn al-Fakhkh?r al-Qurtub?
(d. 419) was an expert in the fields of hadith, history and law. He migrated from Cordoba
when Berbers came to rule there and settled in Valencia. He is the author of Ikhtis?r Naw?dir
ibn Abi Zayd, Radd 'al? ibn Zayd, Tabsirah, and Radd 'ol? wath?'iq ibn al-Att?r.
27. Ab? 'Umar Ahmad ibn Muhammad al-Talamank? al-Mu'?firi (d. 429), originally from
Talamanka (East Spain), was educated in Cordoba. He wrote Kit?b al-Dalil U? Ma'rifat
al-Jalil, al-Bay?n fi I'r?b al-Qur'?n, Fad?'il M?lik, Rij?l al-Muwatta', al-Radd 'al? Ibn
Maysarah, and al-Wus?l U? Ma'rifat al-Usui.
28. Abu'l Q?sim al-Muhallab ibn Ahmad ibn Asad ibn Ab? Sufran al-Tam?m? (d. 433), from
Almeria. Travelled widely in East and North Africa for education. He introduced Bukh?ri's
Sahih in Andalus and wrote al-Nasih fi Ikhtis?r al-Sah?h.
29. Abu'l Hasan 4Afi ibn Khalaf ibn Batt?l al-Bakri ibn al-Lajj?m (d. 444), from Cordoba, wrote
commentary on Bukh?ri's Sahih and Kit?b fi'l-Zuhd wa'l-Raq?'iq.
30. Ab? 4Umar Ahmad ibn Muhammad ibn al-Qatt?n (d. 460), mu? of Cordoba, is known for
exchange of fat?w? with Ibn 'Att?b.
31. Abu 4Abd All?h Muhammad ibn 4Att?b (d. 463), Chief mu? and q?di in Cordoba: was
known as an expert on matters relating to contracts.
32. Abu 4Umar Y?suf ibn 4Umar ibn 4Abd al-Barr al-Namiri (d. 463), a leading scholar and
muhaddith of Spain, had travelled widely. He served as a q?di in Lisbon and Santarem, and
died at Xativa. He wrote mostly on hadith. His following works are on al-Muwatta': al-Tamhid
'al? al-Muwatta', al-Istidhk?r bi Madh?hib 'Ulam?' al-Ams?r, Kit?b al-Taqass? li Ah?dith
al-Muwatta', "Kit?b al-Anb?t 'al? Qab?'il al-Ruw?t, Kit?b al-Qasd wa'l Umam fi ?ns?b
al-'Arab wa'l 'Ajam, Kit?b al-lstt?b, and J?mV Bay?n al-Ilm wa Fadlihi. He also wrote on
fiqh: al-Ins?ffi m? fi BismUl?hi min al-Khil?f, and Kit?b al-K?fi.
33. Abu 'Abd Allah Muhammad ibn Abu Nasr al-Azd? (d. 488) from Majorca, is the author of
al-Jam' bayn al-Sahihayn, and Jadhwat al-Muqtabas.
34. Abu'l Wal?d Sulaym?n ibn Khalaf al-B?j? (d. 494) was known for his several writings. His
debates with Ibn Hazm were a significant contribution to usui literature. Some of his works
are: al-?st?f? 'al? al-Muwatta' al-Muntaq?, al-Muhadhhab, Ikhtis?r al-Mudawwanah, and
al-lsh?rah.
35. Abu (A1 al-Husayn ibn Muhammad al-Ghassan? al-Jiy?n? (d. 498), wrote Kit?b al-Muhmal
wa Tamy?z wa'l-Mushkall, Tasmiyat Shuy?kh Nis?'? and Tasmiyat Shuy?kh Abi D?'?d.
Sixth Century
36. Abu 4Al? al-Husayn ibn Muhammad ibn Fierro ibn Haywan al-Sadafi ibn Sakrah (d. 514),
from Saragossa, was known for his knowledge of hadith, rij?l and fiqh.
37. Ab?'l Wal?d Muhammad ibn Ahmad ibn Rushd al-Qurtub? (d. 520), q?d? of Cordoba, is
the grandfather of the philosopher Ibn Rushd. His deep insight into legal matters is de
monstrated in his book al-Muqaddam?t. Khal?l considers him as one of the a'immat al-tarj?h
(legal expert on conflicts of laws). He also wrote al-Bay?n wa'l Tahsil.
38. Abu Bakr Muhammad ibn al-Wal?d al-Fihri al-Turtush? (d. 520), migrated from Saragossa
to Alexandria. He wrote Kit?b fi'l Khil?f and Kit?b al-Bida'.
39. Q?d? Abu 'Abd Allah Muhammad ibn Ahmad ibn al-H?jj (d. 529), wrote a commentary
on Muslim, Kit?b al-Im?n, al-K?f? fi Bay?n al-Ilm, and al-Naw?zil.
40. Ab? Bakr Muhammad ibn 'Abd All?h ibn al-'Arabi al-Ma'?fir? (d. 543), belonged to a
family of scholars in Seville. He wrote several books including Ahk?m al-Qur'?n, commen
taries on Tirmidhi and M u wat ta, al-'Aw?sim wa'l Qaw?sim, al-Mahs?l fi 'Um al-Us?l and
al-Ins?f.
41. Ab?'l Fadl 'Iy?d ibn M?s? al-Yahsab?, known as Q?d? 'Iy?d (d. 544), originally from Spain,
later migrated to North Africa.' He served as q?d? in Cordoba. His well-known works are:
al-Shif?' fi'l-Ta'rif bi Huquq al-M us taf?, commentary on Muslim's Sah?h, al-Tanbih?t 'al?
al-Mudawwanah, Tartib al-Mad?rik and Qaw?'id al-lsl?m.
42. 'Abd al-Haqq ibn Gh?lib al-Muh?ribi al-Gharn?t? (d. 546), q?d? of Almeria, had the rank
of mush?rik in hadith and literature.
43. 'Umar ibn Muhammad ibn W?jib al-Qays? (d. 557) from Valencia, was known m Andalus
for his fat?w?. He held the rank of muqaddim in the sh?r? at the q?d? court in Valencia.
44. ibn Muhammad ibn Ibrahim Abu'l Hasan al-F?z?r? al-Gharn?t? ibn al-Baqri (d. 557),
wrote Minh?j al-Sid?d fi Sharh al-lrsh?d and Mad?rik al-Haq?'iq.
45. Ab? Muhammad 'Ashir ibn Muhammad al-Ans?ri ibn '?shir (d. 567), wrote al-J?mi' al-Basit.
46. Ab?'l Q?sim Khalaf ibn 'Abd al-Malik ibn Bushkaw?l al-Ans?ri al-Khazraj? al-Gharn?t? (d.
578), wrote fifty books, notable among them are Kit?b al-Silah, al-T?rikh, al-Faw?'id al-Mun
takhabah, Kit?b al-Da'w?t, and Kit?b al-Ghaw?mid wa'l Mubham?t.
47. Ab? Muhammad 'Abd al-Haqq ibn 'Abd al-'Aziz ibn 'Abd Allah al-Azd? ibn al-Kharr?t
(d. 582) from Seville, migrated to Bougie at the end of the reign of al-Mur?bit?n. He was
known for his refutation of qiy?s.
48. Ahmad ibn Muhammad ibn Ahmad al-Hil?l? al-Gharn?t? ibn Mun?sif (d. 585).
49. Q?d? Abu 'Abd Allah Muhammad ibn Sa'?d al-Ans?ri al-Ishb?l? ibn Zarq?n (d. 586), wrote
al-?nw?r fi'l Jam' bayn al-Muntaq? wa'l Istidhk?r, Jam' bayn Sunan al-Tirmidhi wa Abi
D?'?d.
50. Abu'l Q?sim Ahmad ibn Muhammad al-H?fi (d. 588), q?d? of Seville, was known for his
expertise in the fields of far?'id, tawthiq and shur?t.
51. Ab?'l Wa?d Muhammad ibn Ahmad ibn Rushd al-Haf?d (d. 595), was a great philosopher,
jurist and physician. He was an original rationalist thinker, and suffered because of his views.
He was mush?rik in usui and kal?m. He wrote several books, among them: Kit?b al-Kulliy?t
fi'lTibb, Mukhtasaral-Mustasf?fi'l Usui, Bid?yatal-Mujtahid, an?al-Dar?r?fi'l'Arabiyyah.
52. Abu Bakr Muhammad ibn Ahmad ibn Ab? Jamrah al-Mursi (d. 599), served as mush?wir
in Murcia. He wrote Nata ij al-Afk?r and Iql?d al-Taql?d.
Seventh Century
53. Abu Dhar Mus'ab ibn Muhammad al-Khushan? (d. 604), was known as the q?d? of Jaen.
He migrated to F?s.
54. Ahmad ibn Harun ibn Ahmad ibn '?t al-Nafaz? al-Sh?tibi (d. 609), was an expert in fiqh,
had?th and literature. He died on a battleground near Jaen. Wrote al-Nuzhah, and Rih?nat
al-Nafs wa R?hat al-Anfus fi Dhikr Shy?kh al-Andalus.
55. Abu'l Hasan Muhammad ibn Zarq?n (d. 621), wrote al-Radd 'ala al-Muhall?, Qutb al
Shartah fi'l Jam' bayn al-Sah?hayn, and Tahdhib al-Mas?lik.
56. Ab?'l Hasan 'Ali ibn 'Abd al-Malik ibn Yahy? al-Kit?m? al-Ham?d? ibn Qatt?n (d. 628),
originally from Cordoba, migrated to Sijilmasa where he was appointed a q?d?. He wrote
Kit?b al-Iqn?' fi Mas?'il al-Ijm?', Ahk?m al-Nazar, and al-Niz?' fi'l Qiy?s.
Eighth Century
57. Abu'l Q?sim Muhammad ibn Ahmad ibn Jaz?y al-Kalab? al-Gharn?ti, (d. 741), migrated to
F?s. He was a mush?rik in the fields of Arabic language, had?th and taf sir. He wrote on
several subjects. His works include: Kit?b al-Qaw?nin al-Fiqhiyyah fi Talkh?s Madhhab
al-M?likiyyah, al-Tanbih Ol? Madhhab al-Shafi'iyyah wa'l Hanafiyyah wa'l Hanbaliyyah,
Taqrib al-Wusul il? 'Hm al-Us?l; al-Anw?r al-Saniyyah.
58. Ab? Muhammad 'Abd Allah ibn 'Ali al-Kin?m ibn Salm?n (d. 741), wrote al-Sh?fi fim?
waqa'a min al-Khil?f, and al-K?fi fi Fur?' al-M?likiyyah.
59. Muhammad ibn Ahmad ibn Harb (d. 741), wrote al-Faw?'id al-Fiqhiyyah fi Madh?hib
al-M?likiyyah wa'l-Sh?fi'iyyah wa'l Hanafiyyah wa'l Hanbaliyyah.
60. Q?d? al-Jam?'ah Ab?'l Barak?t 'Im?d al-D?n Muhammad al-Balf?qi. Ibn al-H?jj (d. 771),
wrote Khatara fa nazara 'ol? wath?'iq Ibn Fut?h, al-Ifs?h fi man 'orafa bi'l Andalus bi'l
Sal?h, and Silwat al-Kh?tir.
61. Abu Said Farj ibn Q?sim ibn Lubb al-Tha'lab? (d. 783), was the dominating personality in
Granada. He was the chief muft? and head of teachers in his period. He had disputations in
fat?w? with Ibn 'Arafah and Sh?tib?.
62. Ab? Ish?q Ibrahim ibn M?s? al-Sh?tib? (d. 790), an original thinker in usui al-fiqh, suffered
at the hands of M?liki conservative scholars. He opposed bid'ah and disputed with his
teachers Ibn Lubb, Ibn 'Arafah, Ibn Qub?b. He is the author of al-Muw?faq?t, al-l'tis?m,
and several other works.
63. 'Abd Allah ibn Muhammad al-Sharif al-Tilims?n? (d. 792) was the leader of jurists in Tilem
cen. He taught fiqh, had?th and tafsir in Granada. He issued fat?w? on various issues. He
was drowned in the river while returning home from Granada.
Ninth Century
64. Abu Zakariyy? Yahy? ibn Ahmad al-Sarr?j (d. 805), originally from Ronda, migrated later
to F?s. His fat?w? and his correspondence with Ibn 'Abb?d of Ronda are very valuable
contributions.
65. Muhammad ibn 'Ali ibn 'All?q (d. 806) was a mu? and q?d? in Granada. He wrote a
commentary on Mukhtasar Ibn H?jib, and on Far?'id Ibn al-Sh?t.
66. Ab? Zayd 'Abd al-Rahman, Ibn Khaldun (d. 808), originally from Seville, his family had
migrated to Tunis. He held very high positions in Tunis, F?s, Granada and other places.
During the later years of his life he served as a q?d? in Egypt. He was an original thinker
and statesman. He wrote commentaries on books on Philosophy and logic, but is known
more for his work on history and his introduction (al-Muqaddimah) to this work.
67. Ab? Bakr Muhammad ibn '?sim al-Gharn?t? (d. 829), a q?di in Granada, is known for his
still popular work Tuhfat al-Hukk?m ffl Ahk?m,
68. Ab?l Q?sim, ibn Sarr?j al-Gharn?t? (d. 848), a mu? and q?d? of Granada. He wrote a
commentary on Khal?l's Mukhtasar. He is known for his fat?w? which have been recorded
in al'Mi'y?r.
69. Ab? 'Abd Allah Muhammad al-Ja'dala (alive until 888). He was one of the muftis of Granada
at the time of surrender.
70. Abu'l Hasan 'Ali ibn Muhammad al-Qalas?d?, (alive until 891), was the last of the author
jurists in Granada who wrote several books on arithmetic and inheritance as well as commen
taries on law books. After the fall of Granada, he migrated to Africa. His works include
Ashraf al-Mas?lik il? Madhhab M?lik, Sharh Mukhtasar Khalil, Sharh Ris?lah, Hid?yat
al-An?m, a commentary on Qaw?'id al-Isl?m, Hid?yat al-Nuzz?r fi Tuhfat al-Hukk?m wa'l
Asr?r, Kashf al-Asr?r 'an Ilm al-Ghub?r, Kashf al-Jilb?b 'an 'Ilm al-His?b and Kulliy?t
al-Far?'id.
71. Ab? 'Abd All?h Muhammad ibn al-Azraq (d. 895). He was Chief Justice in Granada at the
time of the fall of that city.
72. Abu'l Hasan 'Ali ibn D?'?d. According to Ahmad Bab?, he was alive until 896. He was
mu? at the time of fall of Granada.
73. Ab? 'Abd Allah Muhammad ibn Y?suf ibn Abi'l Q?sim al-Maww?q (d. 897). Ahmad Bab?
calls him the last of the leaders of Granada. He was present at the ceremony of the surrender
of Granada to the Christians. His fat?w? are recorded in al-Mi'y?r. He was the mufti of
Granada. He wrote al-T?j al-Iklil, (a commentary on Khal?l's Mukhtasar), and Sunan al
Muhtadin fi Maq?m?t al-Din (a synthesis of usui, fiqh and tasawwuf).
74. Muhammad al-Fakhkh?r. He was a khatib in Granada at the time of its fall.