The early 'Abbasid era, precisely until the death of Harhn al-Rashid in 193-809, is often referred to asone of the most glorious periods in Islamic history.
As Kennedy points out, al-Rashid's time is portrayed as “the Golden Prime,” partly because it is compared with the civil war that ensued between his two sons, but also partly because his reign “appeared a time of magnificence, power and prosperity.”؛ With established suzerainty and strong government over an impressive, expansive empire, there is no wonder that the relationship between jurists and the political authority in the early 'Abbasid period has been subject to much debate in modern scholarship^ This established caliphate was paralleled by a rising technical juristic culture, whose relationship with the caliph as a religio-political figure must have been an intricate and complex one.
The Grand Shaykh of al-Azhar, Ahmad alTayyib (b. 1365/1946), argues that many of the jurisprudential works from this period were developing what he refers to as contextual jurisprudence (Jiqh waqij rather than textual jurisprudence (fiqh nusus), and that their works partly reflected an interest in supporting the Islamic state in spreading and consolidating its power.3 This response can hardly be separated from al-Rashid's positioning himself as the champion ofy'ihad, whereby he enacted administrative reforms to “provide more resources for jihad and participated in military expeditions bi-annually.''4 In this chapter, I trace how two key jurists of the time, al-Shaybani and al-Shh'i, reacted to this jihadist project, with the former representing jurists closely affiliated with the circles of governance, and the latter representing independent scholarship.Despite internal strife and recurrent coups within the 'Abbasid dynasty, the 'Abbasid era was one of established Islamic suzerainty vis-a-vis non-Muslim neighbours. Domestically, power transfer was always a dilemma, particularly after the death of Harhn al-Rashid and the civil war that erupted between his two sons, al-Amin and al-Ma'mn.
However, the reign of Harhn al-Rashid, who ruled for most of al-Shaybani and al-Shahrs adult lives, was impressive in its ability to maintain control domestically and abroad. Internationally, al-Rashid showed strong interest in securing the Islamic empire's borders. As earlier mentioned, classical and modern historians recount al-Rashid's time as one of increased and heightened interest inJihad.[5] [6] [7] A recurrent enemy of the Abbasid dynasty, then, was the neighbouring Byzantine Empire, but one of the main characteristics of the conflict was its limitation to low-scale attacks, with little impact on the borders between the two empires. 6 However, Arab historians claim al-Rashid had the upper hand in this ongoing military battle. An example of his power is established by the widely cited, but perhaps apocryphal, communication between himself and Nikephoros (d. 195/811), the Byzantine emperor. Nikephoros reportedly sent a letter to al-Rashid informing him that he would not abide by the truce agreement between al-Rashid and the former Byzantine queen, and demanding that al-Rashid return all tribute money paid by the Byzantine predecessor or else face war. Al-Rashid is claimed to have replied with an aggressive, confrontational letter: “From Harhn, the prince of believers, to Nikephoros, the dog of the Romans. I have read your book, you son of an infidel woman [kafira] and you will see my response before you hear it, and peace [be upon you].”7 He is then said to have launched a major offensive against the Byzantine emperor and to have forced him to seek a new truce and to agree to repay the Jizya.[8] [9] [10]But, despite the perpetual state of war and continuous low-scale conflict between the two empires, especially at the thughur (Muslim garrison cities; sing. thaghr), diplomacy was often employed to manage relationships with the nearby enemy, The perpehial state of war led to constant captivity of the “other,” which often required maintaining diplomatic channels to coordinate ransoms.
The upsurge in Jihad during al-Rashid's reign was thus paralleled by the creation of formal contact channels between the two empires, primarily to address the issue of prisoners.9 Those contacts are said to have led to full ransom of all Muslim captives in the Byzantine Empire by 189/805.10Socio-economically, the early 'Abbasid era was one of great prosperity. Tax collection in al-Rashid's time is said to have amounted to 70 million dinars, which most historians agree was a large budget.؛؛ This wealth reflected positively on Baghdad, where expenditure was massive.2؛ Baghdad's impressive wealth meant that it attracted immigrants from across the empire, and it thus “included different ethnicities, Persians, Byzantines, Indians and Nabataeans.’’3؛ That amalgam led to the rise of shutubiyya (claims of ethnic superiority) among the various ethnic groups. Arabs, for example, claimed that they were superior to other groups because they had always been an independent nation, before and after the advent of Islam, despite their proximity to strong empires; that they were famed for superior manners and qualities such as generosity; and that all other Muslims were indebted to them as carriers of the banner of Islam and supporters of the Prophet. Likewise, other groups continuously asserted their own cultural superiority over Arabs.4؛
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