Ahmad al-Wansharisi

Ahmad ibn Yahya al-Wansharisi
Ahmad ibn Yahya al-Wansharisi
Personal
Born	1430 or 1431; Ouarsenis mountains (in Algeria)
Died	June 20, 1508; Fez (in today Morocco)
Resting place	Kudyat al-Baraṭil cemetery, Fez
Religion	Islam
Region	Maghreb North Africa; Spain
Jurisprudence	Maliki
Creed	Ash'ari
Main interest(s)	Muslims under non-Muslim rule;; Notarization of legal document
Notable work(s)	The Clear Standard;; The Supreme Method and the Pure Source on the Rules of Notarization;; The Most Noble Commerce
Occupation	Islamic theologian and jurist

Ahmad ibn Yahya al-Wansharisi (Arabic: أحمد بن يحيى الونشريسي, full name: Abu ’l-ʿAbbās Aḥmad ibn Yaḥyā ibn Muḥammad ibn ʿAbd al-Wāḥid ibn ʿAlī al-Wansharīsī or simply known as al-Wansharisi, b. 1430 or 1431 in Ouarsenis, d. 1508 in Fez^[1]) was a Berber Muslim theologian and jurist of the Maliki school around the time of the fall of Granada.^[2] He was one of the leading authorities on the issues of Iberian Muslims living under Christian rule.^[3]

Biography

He was born in the Ouarsenis mountains (Arabic: الونشريس, Al-Wansharis) in present-day Algeria,^[1] in a family belonging to one of the Berber tribes in these mountains.^[4] His family moved to Tlemcen when he was a child.^[1] In Tlemcen, he studied and later taught Islamic law.^[1] He later moved to Fez, present-day Morocco.^[1] He became official mufti in Fez and became the leading living authority on the issues of Iberian Muslims living under Christian rule, after the Christian conquest (termed reconquista) of Islamic Al-Andalus.^[1]^[3] He died on the Tuesday, 20 June 1508. He was buried in Fez, in the Kudyat al-Baraṭil cemetery, near the tomb of ibn Abbad.^[5]

Works

His most notable work is al-Mi`yār al-Mughrib ("The Clear Measure and the extraordinary Collection of the Judicial Opinions of the Scholars of Ifrīqiyā, al-Andalus, and the Maghrib"), a multivolume collection of legal opinions (fatwas) and cases (nawāzil) in North Africa and Islamic Spain.^[6]^[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")^[7] consists of 16 chapters about notarization of Islamic legal documents.^[8] 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"),^[9] an extensive fatwa arguing that it was compulsory for Muslims in Christian-conquered Spain to emigrate to Muslim lands.^[10]^[11] It was issued in 1491, shortly before the fall of Granada which marks the end of the reconquista. At this point, most of Spain excepting Granada were had been conquered by the Christians, and Muslims had already lived in these territories under Christian rule (such Muslims are also known as mudéjars).^[12] In addition to citing the Qur'an, hadith and previous consensus of jurists, he also supported his case with a detailed demonstration of why the mudéjars were unable to properly fulfill a Muslim's ritual obligation.^[11]

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.^[13] 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.^[14] These two fatwas were distributed as independent work, and are later included in his collection The Clear Standard.^[14]

Al-Wansharisi's position, which emphasised the obligation to emigrate, was the predominant position of the Maliki school at the time.^[15] 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.^[15]^[16]

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.
^ ^a ^b ^c ^d "Wansharisi, Ahmad al-". The Oxford Dictionary of Islam. oxfordislamicstudies.com. Archived from the original on September 12, 2017. Retrieved 1 February 2016.
Journal for the History of Arabic Science. Institute for the History of Arabic Science, University of Aleppo. 1995. p. 12.
W. G. Clarence-Smith (2006). Islam and the Abolition of Slavery. C. Hurst & Company. p. 28. ISBN 978-1-85065-708-8.
"Ahmad ibn Yahya al- Tilimsani al- Wansharisi". Retrieved 28 August 2019.
^ ^a ^b Stewart 2007, p. 298.
^ Lagardère, V. (2002). "al-Wans̲h̲arīsī". In Bearman, P.; Bianquis, Th.; Bosworth, C.E.; van Donzel, E.; Heinrichs, W.P. (eds.). Encyclopaedia of Islam. Vol. XI (2nd ed.). Leiden, Netherlands: Brill Publishers. p. 139. ISBN 9004081143.
^ Lagardère, V. (2002). "al-Wans̲h̲arīsī". In Bearman, P.; Bianquis, Th.; Bosworth, C.E.; van Donzel, E.; Heinrichs, W.P. (eds.). Encyclopaedia of Islam. Vol. XI (2nd ed.). Leiden, Netherlands: Brill Publishers. p. 140. ISBN 9004081143.
^ ʼAḥmad ibn Yaḥyā ʼal-Wansharīshī, ʼal-Miʻyār ʼal-muʻrib wa-ʼal-jāmiʻ ʼal-mughrib ʻan fatāwá ʻulamāʼ Ifrīqīyah wa-ʼal-Andalus wa-ʼal-Maghrib, ed. by Muḥammad Ḥajjī, 13 vols (Bayrūt: Dār ʼal-Gharb ʼal-ʼal-ʼIslāmī, 1981-1983). This is, according to David S. Powers, "essentially a transcription" of a lithograph based on five manuscripts published in twelve volumes in Fez in 1314-15/1896-97; "it contains numerous typographical errors, and a definitive edition is a scholarly desideratum": David S. Powers, 'Aḥmad al-Wansharīsī', in Islamic Legal Thought: A Compendium of Muslim Jurists, ed. by Oussama Arabi, David Stephan Powers, and Susan A. Spectorsky, Studies in Islamic Law and Society, 36 (Leiden: Brill, 2013), pp. 375-99 (p. 381).
^ 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.
^ Harvey, L. P. (16 May 2005). Muslims in Spain, 1500 to 1614. University of Chicago Press. p. 64. ISBN 978-0-226-31963-6.

Cited sources

Stewart, Devin (2007). "The Identity of "the Muftī of Oran", Abū l-'Abbās Aḥmad b. Abī Jum'ah al-Maghrāwī al-Wahrānī". Al-Qanṭara. 27 (2): 298. doi:10.3989/alqantara.2006.v27.i2.2. ISSN 1988-2955.