This chapter examines scholarly work produced in eras of waning Muslim power where there was a strong sense of external threat.
The first section looks at the Iberian peninsula during Muslim rule, in other words, al-Andalus.؛ It focuses on two prominent scholars as case studies, 'Ali Ahmad b. Hazm (d.
456/1064), who belonged to a strict literalist school of thought, the Zahiri madhhab, and Abh l-Walid b. Rushd (“Ibn Rushd al-Jadd (grandfather),” d. 520/1126), as a representative of the Malikis. Both jurists' authority was widely acknowledged in their time, and both continue to be considered influential by modern scholars. As a Zahiri, Ibn Hazm is a representative of one of the best-known literalist schools of Muslim legal thought2 and is accordingly an excellent case study for the purpose of this book because of the school's claim to reliance on text rather than on ray or any policy considerations. Moreover, Ibn Hazm witnessed one of the most violent and chaotic eras of Muslim rule in al-Andalus, namely the ta’ifa (party-state)3 era. Ibn Rushd, on the other hand, represents another significant mainstream school of jurisprudence, the Maliki school, which was the dominant school in al-Andalus. He also represents a different phase of juristic production in the history of Islamic jurisprudence, where the focus was primarily on the review of older seminal texts, a phase widely referred to as the era of taqlld, translated loosely as following the tradi- tion.4 Thus, Ibn Rushd's writings did not claim innovation of legal thought in as much as they were commentaries on previous Maliki works, an approach that still reflected policy considerations, as argued later in this chapter. Moreover, Ibn Rushd represents another significant era of al-Andalus's dynamic history, which is the era of the Almoravids (al-Murabithn, a North African dynasty that rose to defend al-Andalus against the threat of invasion by Christian kingdoms and eventually ruled Muslim lands in the peninsula).1 The modern-day Andalucia refers to a municipal province in Spain, which is smaller than the area known as al-Andalus during Muslim rule.
2 Wael Hallaq, A History of Islamic Legal Theories (Cambridge: Cambridge University Press, 1997), 32.
3 DavtdWasseicstein, The Re CmdFallof theParty-Kings: Polttlcs CmdSoelety Iu IslcmilcS a 1002-1086 (Princeton, NJ: Princeton University Press, 1985), 279.
4 The beginning of the era of taqlld is subject to extensive debate. However, the example of taqlld relied on here, Ibn Rushd, is often referred to as a taqlldjurist. See Wael Hallaq, Authority, Continuity and Change in Islamic Law (Cambridge: Cambridge University Press, 2001), 87.
The second section examines another situation largely believed to have shaken the Muslim world in the pre-modern era, not the least because it eroded the long-standing caliphal institution. In the debate over armed conflict in the modern Muslim world, militant and mainstream forces alike often use Ibn Taymiyya (d. 728/1328) to support their arguments for expanding and restricting armed conflict respectively. References to Ibn Taymiyya's thought are made in almost every extensive study examined in the following chapters, whether by scholars like Abh Zahra or by militants like al-Zawahiri. Such extensive reference is a testament to the undisputed authority and status of this Hanbalr scholar. However, posthumous reverence achieved by Ibn Taymiyya has been subject to extensive debate among modern writers. While al-Matroudi argues that Ibn Taymiyya enjoyed wide praise and support among most jurists,5 El- Rouayheb contends that a detailed examination of bio-bibliographical literature proves that until the nineteenth century, Ibn Taymiyya did not have any significant influence outside Hanbalr circles.6 However, Anjum quotes scholars like al-Dhahabi, normally critical of Ibn Taymiyya, to establish his revered status and appreciation for his “extraordinary personality and persona, heroic piety, asceticism, reformist activism, and single-minded all-out defense of what he believed to be the truth.”7 Since this book does not address any classical jurisprudence written after Ibn Taymiyya, it is unnecessary to take a position in this debate.
What the book can attest to is his authority in the area of jihad, in the modern literature examined, and hence his strong relevance to this work.Since Ibn Taymiyya is often referred to as the primary inspiration behind contemporary Muslim militant thought a study of Muslim jurisprudence on armed conflict would be incomplete without an exploration of his work. In addition to his modern influence, Ibn Taymiyya's work is important for the purpose of this book because of the unique historical and political circumstances he witnessed. Born five years after the fall of Baghdad to the Mongols in 655/1258, and having had to flee his original birthplace of Harran because of
5 Abk Hak a∖-Ma⅛oudt, The Banball ؛^c^h^c^ol of Taw and Ibn Taymiyyah: Conflict or Conciliation (London: Routledge, 2006), 20.
6 Khaled El-Rouayheb, “From Ibn Hajar al-Haytami (d. 1566) to Khayr al-Din al-Alusi (d. 1899): Changing Views of Ibn Taymiyya Among Non-Hanbali Sunni Scholars,” in Ibn Taymiyya and His Times, ed. Yossef Rapoport and Shahab Ahmed (Oxford: Oxford University Press, 2010), 269.
7 OvamIx Anjvm-, Politics, Law, andCommunity in Islamic Thought: The Taymiyyan Moment (Cambridge: Cambridge University Press, 2012), 187.
8 Richard Bonney, Jihad: From Qur’an to Bin Laden (London: Palgrave, 2004), 111.
the Mongol threat Ibn Taymiyyas life and works were heavily influenced by the Mongol presence in the Muslim world, and are thus a great illustration of juristic reaction to this presence. As later detailed, Ibn Taymiyya had no faith in the Mongol rulers, who were new converts to Islam, and his juristic works were dedicated to discrediting them. In order to legitimize his attacks against the Mongols and his attempts to mobilize the masses in the jihad, against them, he employed innovative legal reasoning that is worthy of detailed examination and analysis. In addition to his unique contribution to the literature on jihad, Ibn Taymiyya is also a very convenient figure for the purpose of this book because he is a true representation of juristic activism. His juridical positions were often translated into personal action, even if that meant taking up arms for jihad. His activism and evident interest in promoting what he perceived to be the orders of Allah often led him into conflict with the political authority, which makes him an interesting example of “rebel” jurists.
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