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A look at the evolution of copyright jurisprudence

Fatwas to blogs and mosques

نظرة في تطوّر التأليف الفقهي عند الإباضية*

Preparation: Meets all the conditions legitimacy. D. Radwan Mr.

(Professor of Islamic studies and intellectual Lebanese University Lebanese Republic)

What that the solution to the first half of the second century AH, or the middle of the eighth century until they were five types of jurisprudential writing or blogging has ushered in the emergence of jurisprudence:

1- مجموعات صغيرة سمِّيت سؤالات أو جوابات.

2- وتفاسير الخمسمائة آية.

3- ورسائل في مسائل مفردة مثل: Inheritances or pilgrimage, fasting or alms.

4- وكتب السنن.

5- وكتب السير، أو كتب السير والجهاد.

However, none of these species did not continue in the third century, or that he remained on the sidelines in the subsequent centuries. Wrote Alsaalat and answers reappeared under different names such as: Fatwas or bureaucracy or calamity or mosques, but for other functions.

And five hundred interpretations of verse, ie the provisions almost disappeared, with the exception of a book or two books of this kind have Zaidi and Ibadi after centuries. And instead appeared books (Provisions of the Koran) After the fourth century AH. The messages in single issues, especially in worship and transactions have melted the most part in the books of jurisprudence and public collections. The messages that continued exposure to such problems as copyist and copied and arbitrator of Like, but it became part of the Quran Sciences, and returned saying doctrinal literature.

It differed somewhat to the Ibadi and Zaidi, in particular in connection with letters and books in the BIOS or BIOS and Islamic Jihad, to by abscess books and money, and I'll be back for more details on that later. But what can be said here that the non-Ibadi and Zaidi, four or five books under the name of Sir appeared even insiders third century AH, then became the subject Alibaba or more in the public books of fiqh. While continued messages about the virtues of jihad, not in doctrinal provisions related.

The fifth type - and I mean the books of Sunan- It's been since the beginning closest to what later became books doctrinal general and comprehensive. But there are of the opinion that these major works were developed for archaeological groups named enacted, such as workbooks: Sunan Ibrahim bin Thman, or Sunan Revolutionary Sufian, or Sunan Hamidi, or workbook Muammar bin Rashid.

Sunan wrote this arrangement depends comparable to the later books of fiqh, but they provide in each chapter are several implications raised to the Prophet e, or suspended companions and followers novel or opinion on the issue of a jurisprudential nature. That this formula in books Sunan continue to post the fourth century AH, do not integrate into the books of fiqh public and gaining new jobs is doctrinal, is known as Sunan al-Tirmidhi, Abu Dawood and Ibn Majah, for example,.

How did public books of fiqh, then?

See orientalist Joseph Schacht (J.Schacht) He wrote jurisprudence المبسوطة and ranked on the doors evolved from a question and answer groups, or groups of early opinions and not from Sunan books and workbooks. He imagined competitive or Dar struggle between judges and jurists professionals in the second century AH. The evidence on that: Arguments and responses that took place between the two parties, such as: Abu Hanifa's response to Ibn Abi Layla, and response to Sir Awzaa'i, and a message to the owner Layth ibn Sa'd reported Laith it.

According to this scenario, jurists and judges are not who they answer the questions posed by the people, they who were studying at mosques, gradually فتطورت the the answers and teaching and Responses doctrinal controversies wrote after being arranged and organized.

In fact, the real question format or assumed in authoring what they were confined to doctrinal issues or issues of halal and haram; as we find it so relatively late in the books of Abu Ubayd al-Qasim ibn Salaam (224E) It is written in the Quran Sciences, and in matters Fotouh, abscess, and not purely in jurisprudence, and the accounting books Harith (243E) It Zuhdi oriented and indicative.

We have permission hypotheses: First: See that the general jurisprudence books arranged known but evolved from Sunan books and workbooks. The second: See that the general jurisprudence books but evolved from sets of questions and answers, responses, and controversies, any: Opinions and discussions that have been arranged in a second phase at the gates of jurisprudence known.

How was the case with the Ibadi?

The answer seems difficult because the effects of the remaining doctrinal them before the Spring Book Bin Habib named Palmsnd, slim.

This is not their own as you might think; فأبو Hanifa Imam and famous who died in the year 150 AH what remained of jurisprudential written one book, despite his fame and many of his disciples flags. However, studies in recent decades by Arab and foreign researchers achieved كشوفا arguing for this party. Has emerged manuscripts and letters had been sentenced by the stake, also published a large number of the extensive jurisprudence works, which include lengthy quotations on the books ex-Msaúlhm and fatwas and their words in the interpretation and theology. In order to be able to determine the nature of cultural production for إباضية in the second century until the middle of the third century we have to show briefly the circumstances that surrounded them in the era of evolution that what pushed or led to it:

First: The challenge was the most prominent they face is the differentiation of extremists from rebels Court and who were struggling with the authorities Umayyad Iraq and Persia, and it was their disagreement with them essential to remember the history books and show its effects in their messages, which is the faith, and the perpetrator of the big, the position of authority unfair, and the position of other Muslims.

Secondly: The other problem they face relationship with the authorities that they discriminate between rebellious and non-rebellious of the court, and what is the correct attitude should be taken when necessary if the point of the revolution or to stop whatever it was.

Thirdly: And appeared to have the third and problematic task after the first quarter of the second century, when the state إباضية in Amman, then after four decades in Morocco. The problem in this multi-faceted: How are the Shura on the Imamate?

If we look at the effects of cultural Ibadi first in the light of these circumstances, we find that it is divided into three categories:

1- Messages That they they exchange among themselves, and with the authorities. Its purpose was to explain their point of view in all disputes between the categories, the nation out of contention, the position of the existing power and other Muslims, and the position of court Almkvrin and rebels. Some of these short messages like the letter attributed to Abdullah bin Abad sent to Abdul Malik bin Marwan, such as messages attributed to Imam Jabir bin Zaid, which sent mostly to his followers outside Basra, like Abdullah bin Abad message in response to the wholesome blue bin. It goes without saying that these messages despite guaranteed some jurisprudence branches, not doctrinal messages nodal or even controversial, so there is of course evolved into doctrinal books; though remained until the fourth century following the method of science in campaign debate among themselves or with their opponents messaging.

2- Speeches and walk Short and long in war and peace. And speeches such as Abu Hamza sermon buyer Ibadhi the people of the city in 131 AH.

The walk Vtakhtlt the dogmas of programs, and Sir collecting biography, any: Khatib, the world ascend to the pulpit or write the biography of stating his belief and belief (Muslim community), The position of sedition and separation that came down the nation, including the killing of Osman, and the difference with Ali, and the establishment of the Umayyad power, and what he wants or they want from Salah and repair.

It is early to walk: Biography Salim bin Dhakwaan, which adds - previously mentioned- Newly-consuming for the militants and the innocence of them. In some of the traffic in the group (Sir Ibadi) Famous Book of the differences of the Ibadi due to internal ruler and authority Oman and Morocco. And you have thought about the possibility that the kind of authorship has affected in encyclopedias al Ibadi; Fiqhiyyah but I أعرضت about it after careful reading; because Sir historical topics nodal and controversial, and doctrinal issues contained therein transverse. Then she continued to write until late in the time it reached the General Books jurisprudence peak of its prosperity is completely separate from Sir. Although, there is a potential impact to walk in Books Jurisprudence I'll come back to it later.

3-Books and collections Named: “Answers” Or “Questions” Or “Issues”, And the oldest of those groups: Jabir bin Zaid answers, questions and other messages attributed to him. It can be appended to this type of message authoring Abu Obeida famous in Zakat, And his with Usher bin Abi Moudud also to the people of Morocco, and his message with Usher to the people of Oman.

And answers Jabir bin Zaid, accountable and his letters are all doctrinal nature, and it seems all of them - despite the different names - they were the answers to questions from إباضية the outside Basra, including the answers in the marriage, prayer and sales, fishing… Etc.. The scholars added to the effects of the Imam Jabir his fatwas exist in non إباضية books from the early third century, such as: Ibn Abi Shaybah Workbook, and Abdul Razzaq Workbook, and Sunan Saeed Bin Mansour.

What is said in the answers Jabir bin Zaid and accountability is also said in the letters of Abu Obeida and especially his Zakat, and his letters to the people of Morocco and Oman. But note that they are all answers to the questions of men two Alabaditin in Oman and Morocco, and in matters of doctrinal process, but Abu Obeida messages nodal character against Murji'ah and fatalism, and these messages are all found in the manuscripts Sir scientists Ibadi, or course of Muslims, meaning that they take the character semi-formal in terms of . We note here that the use of the term biography in the case of Abu Obeida message jurisprudence remains valid, since the purpose of clarifying how to conduct on Zakat.

The approach to the era students Abu Obeida Muslim ibn Abi dignified Book of Marriage belonged to Abu Saeed Abdullah bin Abdul Aziz, was an answer to a question, That is, it was also a referendum.

It was the era of Abu Obeida reference and spring Ben Habib era do Ibadi Community, and independence to their ideological and doctrinal affairs. The campaign was the flag of the people of Basra and the most prominent of these two men, receive questions and provide answers, and increased responsibilities with the states Ibadi Oman and Morocco, and so won the challenge nodal, Or those of moderation tension between Alozariqh and zero and النجدات of hand, , Murji'ah and fatalistic second hand. But with the establishment of the state in particular provide doctrinal challenge to the challenge lumpy, or that it is turning; Even Streptococcus has become debates taking place with groups and other Islamic sects, not between the currents of the Court. The state require practical solutions to problems even what was Aatviadea them. The man was the undisputed new phase of Imam bin Habib الفراهيدي of spring (ت175هـ), Has been engaged in modern notation, and the fatwa: Books “Missned” Or without children of his age would people talk, and answered individual questions and inquiries, and those that came from the men of the State of Ibadi. He has his students writing in general jurisprudence based on the opinions and previous questions, and to Marwyatem all elders.

Thus emerged quickly are two types of authoring idiosyncratic, Both groups fatwa was established for the previous three generations: Divans, any: Collect all opinions Jabir bin Zaid, and all opinions Abu Obeida, young spring.

The other type: General Principles of writing, any books of fiqh ranked on the doors sometimes under the name of the blog, and sometimes under the name of the Whole. Which were in fact re-arrangement of the fatwas and answers prefix Imam Jabir bin Zaid. Blogs: Blog Abu Ghanem concrete, and the Code of Abdullah ibn Yazid Fazari, and mosques: Mosque of Ibn pond, and Mosque of Ibn Jaafar.

Ibn al-Nadim says owner Catalog (D. about 380) The إباضية of many books in jurisprudence and theology, but people hide. In fact, the particular idiosyncratic maturity of authoring them before others; because the state appeared in their midst, and it became necessary to blogging, education and upbringing, training, organization and problem-solving.

Final note, however, that I would like to return them to walk briefly Books - As previously reported- Unlike scientists and scholars of other sects who separated them from the beginning Streptococcus detective of jurisprudence detective; Ibadi despite their personnel walk to contractual issues remained to prove late brief in faith in the introductions to their books long jurisprudential. Perhaps it was confirmation of the Privacy remaining مذهبين doctrinal and political.

* ندوة تطور العلوم الفقهية فِي عمان ” فقه النوازل وتجديد الفتوى”

Held during the period: 13-16 April 1428 / 1-4 April 2007

Oman - Ministry of Awqaf and Religious Affairs

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