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Ibaziyah: An Introduction to Islamic Jurisprudential Sects

Some of the Great Contemporary Ibāḍī Men

–         ‘Allāmah Muhammad b. Yūsuf Aṭṭafayyash (d. 1332 A.H.),

–         ‘Abd Allah b. Yaḥyá al-Bārūnī (d. 1332 A.H.),

–         Sheikh Mujāhid Sulaymān b. ‘Abd Allah b. Yaḥyá al-Bārūnī (d. 1395 A.H.),

–         Nūr al-Dīn Sālimī (d. 1332 A.H.). The authority for the people of Yemen,

–         Sheikh Abū Isḥāq Ibrāhīm al-Aṭṭafayyash (d. 1385 A.H.),

–         Sheikh Ali Yaḥyá Mu‘ammar (d. 1400 A.H.). The writer of al-Ibāḍīyah fī Mukab al-Tārīkh (4 volumes), al-Ibāḍīyah bayn al-Firaq al-Islāmīyah, and Ṣalāt al-Jum‘ah,

–         Ahmad b. Ḥamd b. Sulaymān al-Khalīlī. A great scholar of Yemen,

–         Abū al-‘Abbās al-Shamākhī,

4- The Most Important Ibāḍī Jurisprudential Texts

–         Sharḥ al-Jāmi‘ al-Ṣaḥīḥ Musnad al-Imām al-Rabī‘ b. Ḥabī,

–         Al-Mudawwanah al-Kubrá, ‘Allāmah Abī Ghānim al-Khurāsānī (2 volumes),

–         Qāmūs al-Sharī‘ah, ‘Allāmah Jamīl b. Khamīs al-Sa‘dī (92 volumes),

–         Bayān al-Shar‘, ‘Allāmah Muhammad b. Ibrāhīm al-Kandī (72 volumes),

–         Al-Muṣannaf, ‘Allāmah Abī Bakr Ahmad b. ‘Abd Allah b. Mūsá al-Kandī (72 volumes),

–         The writings of Muhammad b. Yūsuf Aṭṭafayyash, especially: Sharḥ al-Nīl wa Shifā’ al-‘Alīl, and Taysīr al-Tafsīr,

–         Mashāriq Anwār al-‘Uqūl, ‘Allāmah ‘Abd Allah b. Hamīd al-Sālimī (2 volumes),

–         The writings of ‘Allāmah Ali Yaḥyá Mu‘ammar, especially: al-Ibāḍīyah fī Mukab al-Tārīkh (4 volumes), al-Ibāḍīyah bayn al-Firaq al-Islāmīyah, and al-Islām wa al-Qayyim al-Insānīyah,

–         Al-Ḥaqq al-Dāmigh, Sheikh Ahmad al-Khalīlī,

–         Fī Riḥāb al-Qur’an, a commentary on the Holy Qur’an by Sheikh Ibrāhīm Bayyūḍ,

5- Sources of Deduction

Ibāḍīyah sources of legislation, as Sheikh Ali Yaḥyá presents, are as follows: the Qur’an, Sunnah, consensus, qīyās, and argumentation (with subdivisions of: istiṣḥāb, istiḥsān [juristic preference], and maṣāliḥ mursilah [consideration of public interest]).

6- Some Jurisprudential Precepts

Ibāḍīyah is not significantly different from the four Sunni legal schools in many jurisprudential rulings, such as praying (time and number of rak‘ats), fasting (most terms of correctness and invalidators), legal alms (taxable limit and use), and hajj (pillars and rites). Therefore, it is not necessary to present their jurisprudential precepts in detail, and only mentioning some of them is enough.

            Jīṭālī in his book, Qanāṭir al-Khayrāt (which in fact is Qanāṭir al-Islam), allocates seven qinṭirah (castles) to religious individual duties, including: knowledge, faith, praying, fasting, legal alms, hajj, and repentance. Then he mentions very important duties of, enjoining the good, forbidding the evil, and jihad. Knowledge and faith are theological subjects, but praying, fasting, legal alms, hajj, repentance, enjoining the good, forbidding the evil, and jihad are counted as the pillars of Islam.

            As Ibāḍīyah believe, praying is so important that leaving it means heresy. It is obligatory for Ibāḍīyah to recite opening chapter of the Qur’an along with one other Surah or three verses of the Qur’an in loud voice while praying morning prayer and the first two rak‘ats of evening prayers; but recite them in lower voice while praying middy prayer, afternoon prayer, and the last rak‘ats of evening prayers.  They believe that reciting opening chapter of the Qur’an is enough and reciting other Surah is not necessary. They reject performing qunūt (supplication in prayer), raising hands, and moving forefinger while praying. They count بسم الله الرحمن الرحيم (in the Name of Allah) as a part of every Surah, and necessitate reciting it in prayer. They also believe in curtailing prayer while traveling, whatever it lasts, if the passenger does not intend to stay for four or more days at the place, or choose it as his home. Friday prayer is obligatory for them in any case, even with an unjust imam.

            According to Baghdādī’s statement, amputation of the hand of a thief is necessary among Ibāḍīyah, weather the theft was petty or grand. A judge can give his verdict on economical cases when two witnesses testify them. Women’s testimony is not accepted in the cases that brings about ḥadd (divinely sanctioned punishment), unless regarding women’s particular cases. However, some Ibāḍī scholars accept a woman’s testimony as a man’s one.

            For Ibāḍīyah, marriage between a fornicator and a fornicatress is forbidden. The guardian of a maiden or widow, even her father, is not allowed to force her into arranged marriage, but rather should consult with her. The guardian is allowed to marry an immature maiden, but she can reject it when she comes of age. They believe that a Muslim cannot inherit from a polytheist, unbeliever, or apostate, and vice versa.

            Ibāḍīyah attach great importance to enjoining the good, forbidding the evil, and jihad. Enjoining the good and forbidding the evil, and saying the truth in the front of a tyrannous ruler is so important that they consider it recommended, even in danger of being killed, but on the condition that it was effective. Concerning jihad, they believe that everybody is obligated to attack the enemy lines, even by knowing that would be killed. However, if their parents, because of old age, illness, or poverty need him; staying with them is preferable, but on the condition that his participation in the war was not needed.

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