Ahmad al-Wansharisi
Ahmad ibn Yahya al-Wansharisi | |
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Personal | |
Born | 1430 or 1431 jurist |
Ahmad ibn Yahya al-Wansharisi (
Biography
He was born in the
Works
His most notable work is al-Mi`yār al-Mughrib ("The Clear Standard"), a multivolume collection of legal opinions (fatwas) in North Africa and Islamic Spain.[1][2] By the sixteenth century it became part of the educational curriculum in North Africa, and in modern times it is studied as a source of information on the religious and social practices of contemporary Islamic Spain and the Maghreb North Africa.[2]
Another work, Al-Manhaj al-Faaiq wa al-Manhal al-Raaiq fi Ahkam al-Wathaaiq ("The Supreme Method and the Pure Source on the Rules of Notarization")[6] consists of 16 chapters about notarization of Islamic legal documents.[7] It includes the requirements and desired characters of a notary public, standards and requirements of an Islamic legal document, as well as notarial topics such as how to correctly date a legal document.[1]
In total, at least 15 of al-Wansharisi's works are extant, almost all in the topic of fiqh (Islamic jurisprudence).[2]
On Muslims in Spain
He also wrote Asna al-matajir fi bayan ahkam man ghalaba 'ala watanihi al-nasara wa lam yuhajir wa ma yatarattabu 'alayhi min al-'uqubat wa al-zawajir ("The Most Noble Commerce, Setting Forth the Legal Rulings Regarding One Whose Lands Have been Conquered by the Christians and Stern Threats That Apply to Him as a Consequence", shortened Asna al-matajir or "The Most Noble Commerce"),
This fatwa is one of the most preeminent pre-modern legal opinions on Muslims living under non-Muslim rule, although it was issued in the context of Muslims in Iberia and North Africa.[12] In addition to The Most Noble Commerce, he also wrote a shorter companion fatwa, sometimes called the "Marbella fatwa", responding to a question about a man from Marbella in Southern Spain who wished to stay in Christian Spain in order to assist those unable to migrate.[13] These two fatwas were distributed as independent work, and are later included in his collection The Clear Standard.[13]
Al-Wansharisi's position, which emphasised the obligation to emigrate, was the predominant position of the Maliki school at the time.[14] The Oran fatwa, issued in 1504 after the forced conversion in the Crown of Castile, was an exception to this majority opinion, arguing that it may be permissible for Spanish Muslims to stay and even outwardly conform to Christianity, when forced and necessary for survival.[14][15]
See also
References
Citations
- ^ a b c d e f g h "The Supreme Method and the Pure Source on the Rules of Notarization". World Digital Library. Retrieved 1 February 2016.
- ^ . Retrieved 28 August 2019.
- ^ a b Stewart 2007, p. 298.
- ISBN 9004081143.
- ISBN 9004081143.
- ^ Selections have been translated into French by E. Amar, La Pierre di touche des Fetwas, 2 vols., Paris, 1908-09.
- ^ On the emergence of the institution of notarization in the Maliki courts of the Maghrib, see Noel J. Coulson, A History of Islamic Law, at page 146.
- ^ For a complete translation, see Alan Verskin, Islamic Law and the Crisis of the Reconquista: The Debate on the Status of Muslim Communities in Christendom (Leiden: Brill, 2015), Appendix B
- ^ Stewart 2007, pp. 298–299.
- ^ a b Hendrickson 2009, p. 25.
- ^ Hendrickson 2009, p. 24.
- ^ Hendrickson, Jocelyn N (2009). The Islamic Obligation to Emigrate: Al-Wansharīsī's Asnā al-matājir Reconsidered (Ph.D.). Emory University. Archived from the original on 18 June 2010. Retrieved 1 February 2016.
- ^ a b Hendrickson 2009, p. 21.
- ^ a b Stewart 2007, p. 266.
- ISBN 978-0-226-31963-6.
Cited sources
- ISSN 1988-2955.