The Shi`ite canon law is dealt with separately, but some mention of
two outstanding sects is here in place. The Ibadites (see MAHOMMEDAN
RELIGION: _Sects_) have a system of canon law which in essentials is
of older codification than that of any of the orthodox schools, going
back to Abdallah ibn Ibad himself, of the first century of the Hijra
(Hejira). Its basis is above all the Koran, then a sparing use of
traditions, natural to their early origin, and finally the agreement
of their own learned men, again natural to an extreme dissenting sect,
and it still rules the Ibadite communities at Oman, Zanzibar and the
Mzab in southern Algeria. At all these places they, the last
descendants of the Kharijites, hold severely apart, while the other
Moslems shrink from them as heretics of the worst. Not nearly so far
from ordinary Islam, but still of an extreme self-conscious Puritanism
are the Wahhabis. They are really Hanbalites, but apply the rules of
that school with uncompromising, reforming energy. The doctrine of the
agreement of the Church of Islam they reject; only that of the
immediate companions of Mahomet is valid. The people of Mahomet can
err and has erred; each man must, on his own responsibility, draw his
doctrine from the Koran and the traditions. Here they follow the
Zahirites.
All these schools of law administer a scheme of duties, which, as has
already been remarked, comes nearest to the canon law of the Roman
Church, and which for centuries has had only a partial connexion with
the real legal systems of the Moslem peoples. Among the Wahhabis and
Ibadites alone is it the whole of law. Elsewhere, since the Omayyad
period, its courts have been in great part pushed aside by others, and
its scheme has come to be regarded as an expression of impossible
theory, to be realized at best with the coming of the millennium. The
causes and methods of this change call now for detailed notice.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account