|
357 |
Cf. G. Surdon and L. Bercher,
Recueil
de testes ... ,
pp. 76-85. |
358 |
Cf. p. 588, above. |
359 |
Cf. pp. 89 ff., above. |
360 |
Cf., for instance, pp. 886 ff.,
above. |
361 |
Cf. 2:1 ff., below. |
362 |
Cf. p. 388, above. |
363 |
Cf.
p. 436, above. |
364 |
For
mashhud,
cf. n.
139 to Ibn Khaldun's Introduction, and n. 162 to this
chapter, above. |
365 |
`Ali b.
Muhammad, ca. 985-1068. Cf. GAL, I, 386; Suppl., I, 668
f. |
366 |
Cf. also
2:9, below. A related story is told about Ziyad b. Abihi,
governor of the 'Iraq under Mu'awiyah, by al-Jahiz; cf. Fi
1-hijab,
ed.
H. as-Sandubi,
in Rasa'il
al-Jahiz;
(Cairo,
1352/1933), p. 158. "The person in charge of the mails" is
replaced there by the one in charge of a frontier region, and a
fourth category is added, the person who comes at night and can,
therefore, be expected to bring urgent news. Cf. also al-'Askart,
Awa'il, Paris, MS. Ar. 5986, fol.
121b,
and
ar-Righib al-Isfahani, Muhadarat, I, 130. |
367 |
Cf.
Concordance, I,
333b, I. 16.
For the
quotation and the preceding remarks, cf. also the last section of the
sixteenth chapter of al-Mawardi, al-Ahkam as-sultaniyah, p. 180. Cf.,
further, ar-Righib al-lgfahani, Muhadarat, I, 80. |
368 |
His name
is said to have been 'Uwaymir b. Zayd. For Shurayb, cf. n. 33 to
Ch. n, above, and for Abu Musa, n. 304 to this chapter, above.
For the three judges mentioned here, see also R. J. H. Gottheil's
edition of alKindi, The History of the Egyptian Judges (Paris,
etc., 1908), p. vi. Other sources give other names in this
connection. |
369 |
For the
document, which has been shown to be pseudepigraphical, cf. Gottheil,
pp. vii f.; D. S. Margoliouth in Journal of the Royal Asiatic Society
(1910), pp. 307-26; D. Santillana, Istituzioni di diritto
musulmano malichita, 11, 569; E. Tyan, Histoire de l'organization
judiciaire en pays d'Islam, l, 23 f., 106-113. It is also quoted in
Ibn Hamdun, Tadhkirah, Topkapusaray, MS. Ahmet III, 2948, Vol.
I, fols. 125b-126a; and Ibn Ukhuwwah, Ma'alim alqurbah,
pp. 202 f. Cf., further, C. Pellat, Le Milieu balrien et la
formation de Gahiz; (Paris, 1953), pp. 283 f. |
370 |
Lit.,
"received stripes as ..." |
371 |
This
translation is similar to the one given by Surdon and Bercher: "God
forgives when sworn testimony is rendered." That is, oaths and evidence
should be treated with the greatest respect, because they are considered
decisive in God's eyes. However, we would expect the preposition min in
this case, instead of 'an.
The other
translators follow the simpler text of the other sources, reading "God
alone knows the hidden thoughts." |
372 |
One of
the fundamental requirements for marriage in Islamic law is that the
bride must have a wall, usually the father or another close relative, to
give her away. D adds another phrase before this, namely, "the marrying
of marriageable Muslim girls," apparently because the word translated
above as "marriageable women" (ayama) was understood in its usual
meaning of "widows." |
373 |
These
are three classes of court officials, for whose appointment the judge is
responsible. |
374 |
For the
mazalim, cases for which the religious law does not provide, cf.
p. xlviii, above. |
375 |
Bulaq: 'Umar. |
376 |
His name is supposed to have been 'A'idh-Allah b. 'Abdallah. Cf., for
instance, Ibn Hajar, Tahdhib,
V, 85 ff. |
377 |
Cf. n. 101 to Ibn Khaldun's Introduction, above. The campaign referred
to is probably the one mentioned by at-Tabari,
Annales, II,
1104,
anno
216
[831]. |
378 |
Ahmad b.
Abi Du'ad died in 240 [854]. Cf. at-Tabari, III, 1421. |
379 |
Born in 273
[886/87], Mundhir died in 355 [966]. Cf. Ibn al-Faratji,
Ta'rikh'ulama' al-Andalus
(Bibliotheca Arabico-Hispana, No. 8) (Madrid, 1890-92), II,
17
f. |
380 |
Cf. 2:35 ff.,
below. |
381 |
Cf.
Handbook, p. 234a.
One
ought not to be surprised to find this tradition constantly quoted in
scholarly works. |
382 |
Cf.
5:314
f.,
below. |
383 |
Cf. n.
456 to Ch. vi, and 3 :82, 85, and 102, below. |
384 |
That is,
theoretical and practical knowledge. |
385 |
That is,
the heads of the four juridical schools, not the first four caliphs.
|
386 |
Ergo, the
jurists among our scholars cannot be called "heirs." Muhammad's
statement does not apply to them, and the rulers, therefore, are not
acting wrongly if they do not consult them. |
387 |
Qur'an
38.24 (23). |
388 |
In order
to understand much of the discussion in this section, one must keep in
mind the fact mentioned by Ibn Khaldun only at the end, that
'adalah
has come
to mean two things. The one is "probity," considered as one of the
conditions of the caliphate or other high office; cf. n. 107 to Ibn
Khaldun's Introduction, above, and n. 232 to this
chapter. In that sense, 'adalah
also
means a person's reliability as a transmitter of traditions and as a
religious scholar. The other usage is to designate the office of
official witness, originally a "fair" ('adil)
man, one
who possessed "probity" ('addlah). |
389 |
This
paragraph was added in the margin of C and is incorporated in the text
of D. |
390 |
Cf.
n. 32 to
Ch. ii, above. |
391 |
Cf. also
2:54 ff., below. |
|
|