1hukkam by Abu cAbd Allah Muhammad b. cAbd Allah al-Yaf

647 Pages·2017·22.42 MB·English

A Study and Edition of
al-Tanblh wa 'liclam fi mustafadi ’l-qudati wa '1 hukkam
by
Abu cAbd Allah Muhammad b. cAbd Allah al-Yafranl al-Miknasi
(d.917/1511)
Submitted by
Me hemed Mo hamed Twebti
To the University of London as a thesis for the degree of
Doctor of Philosophy
in
Early Islamic History
in the Faculty of School of Oriental and African Studies
October 2002
ProQuest Number: 10672721
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Abstract of Thesis
This is a study and an edition of al-Tanbih wal-iclam IT mustafadi
Tl-qudati wa 1-hukkam by Abu cAbd Allah Muhammad b.
cAbd Allah al-Yafranl known as al-qadl al-Miknasi(d.917/1511),
a Moroccan scholar living in Fes during the last stages of the Merinid
dynasty. The work is composed of two main parts: The first
represents an editorial introduction in which a detailed study has
been made in order to bring to light both the author and his book,
focusing on the author’s identity including his lineage as well as his
scholarly life and career. In addition, we have set up a general picture
of the political and intellectual environment in Morocco during the
author's life time.
With regard to the primary text, our study has sought to provide a
description of the manuscript copies, a brief overview of the subject
matter, and a consideration of the structure of the text and its sources
from Maliki Ilqh. We have also aimed to consider the author’s
treatment of his chosen topics. Observations of the edited work and
some features of its importance as a contribution to the Malikif iqh
field are also offered.
The general footnotes to the Arabic text, made in English along with
the glossary of legal terms and phrases, and a bibliography are
provided in this section.
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The second section is comprised of the primary text al-Tanbih wa 1-
i°l am which has been transcribed into typed form to make it more
accessible to the reader, but remains in keeping with the original
structure of the text. It is numbered in Arabic numerals and includes
editorial footnotes which mark the differences between the
manuscript copies. Chapters and sub chapters are clearly outlined,
while indices of Qur’anic verses, prophetic traditions, persons and
geographical names are located at the end of this section.
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Table of Contents
Section I
INTRODUCTION 8
CHAPTER I 8
The Author 8
CHAPTER E 53
Political life in the Maghrib during al-Miknasf s Era 5 3
CHAPTER JR 77
Intellectual life in the Maghrib during al-Miknasf s Era 77
CHAPTER IV 102
The book of al-Taiiblh wa'l-iclam 102
Notes of the Arabic text 127
Glossary of legal terms and phrases of the Arabic text 282
Bibliography 301
Section II
The Arabic text
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Acknowledgements
I am veiy fortunate to have received consistent support from three
sources. Firstly my sincerest thanks goes to Professor G. R. Hawting
for his expertise, attention and guidance. His careful critique has
been invaluable and is most highly appreciated. I would also like to
extend my appreciation to members of my family who have offered
enthusiasm along side technical support for this work. My deepest
gratitude is owed equally to those many friends who bestowed their
encouragement in abundance. Dr Muhammad al-Maguz is owed
particular attention for his unfailing generosity of spirit in making
himself and his resources available.
M. M. Twebti (al-Thuwaybitl)
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NOTE ON DIACRITICS
The reader will notice that transliterated terms in italics may appear
to have an unusual pattern of spacing where diacritics have been
used, for example; us ul, furuc, nawazil, fat aw a, fuqaha\ This
is due to an unavoidable characteristic of the word processing system
on which this thesis was compiled.
Abbreviations of the manuscript copies
The British Library, ms.
The Tunisian National Library, ms.
The General Library, Rabat, ms. I .
The General Library, Rabat, ms. II.
The Escorial Library, ms.
INTRODUCTION
CHAPTER I
The Author
The identity of al-Qadi al-MiknasI
There are two different sources from which we can ascertain the
identity of al-Qadi al-Miknasi The first source is the book which is
herewith presented; al-Tanblh wa 'l-icramfi mustafadi 1-qudati
wa'l-hukkhm, and the second source is the information about al-
Miknasi which is reported in some biographical works.
Regarding the author’s name as presented at the beginning of the
primary text, all of the five manuscripts in use in this study identify
him under an identical name; Abu cAbd Allah Muhammad b. cAbd
Allah b. Muhammad al-Yafranl known as al-Qadi al-Miknasi.
This indicates that the author had identified himself at the beginning
of his work al- Tanbih as was the practice of authors during al-
Miknasf s time. Accordingly, we can use this source to settle any
differences which occur between the biographers who have used
vaiying names, as will become evident during the investigation of the
biographical works.
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As for the biographers, there is some controversy between them
about the author’s identity. Most of the biographers identify him as
Abu cAbd Allah Muhammad b. cAbd Allah b. Muhammad al-
Yafranl al-Miknasi known as al-Qadi al-Miknasf which
corresponds with the identity given at the beginning of the text.1 One
biographer identifies him as Muhammad b. Ahmad b. cAbd Allah
al-Yafranl known as al-Miknasf2 but this identity is not supported
by the rest of the biographers of al-Miknasi and has been regarded as
inaccurate.
The ancestry of al-Qadi al-Miknasi
With regard to al-Miknasf s ancestry there is some confusion which
has been created by misleading information given by some of his
biographers who reported that al-Miknasi was a descendant of the
jurist Abu T-Hasan cAli b. cAbd al-Rahmanb.Tamim al-Yafranl al-
1 Muhammad b. Muhammd Makhluf, Shajaratal-n ur al-zakiyya fi tabaq at al-m Wkiyya,
Beirut, Dar al-Kitab al-cArabI, n.d., 275., hereinafter; Makhluf shojara. cAbd al-Rahmanb.
Muhammadb. Zaydm,Ithafaclam al-nas bijam~al akbbar hadirat miknas,Rabat, 1933,
HI, 599., hereinafter: Ibn Zaydan, ith af. Ahmad b. Muhammad b. al-Qadi al-Miknasi,Duirat
al-liijal fi asm a ' al-rijal, Cairo, Dar al-Turath, 1971, II, 146., hereinafter; Ibn al-Qadi Durra.
2 Ahmad b. Ahmad Aqit Baba,Naylal-ibdhaj bitatnz al-dlbaj, (Beirut, Dar al-Kutubal-
cHmiyya, n.d.), 333., hereinafter: Ahmad Baba, Nayl.