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Not Sunnis and not Shi’is, the Ibāḍī Muslims of Oman and some areas of North Africa form a “third branch” of Islam, with their own version of the Sharīʿa law. The development of this law displays many interconnections with the political history of the Ibāḍīs, which spanned from an independent sultanate in Oman, through minority status under Sunni rule in Tunisia and Libya, to isolated desert communities in Algerian Sahara. This article gives an overview over such interconnections between the political (state authority) and the legal, through history and in contemporary North Africa, with some examples of legal discussions from the “Ibāḍī renaissance” (nahḍa) in the twentieth-century Saharan oasis of Mzab.
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In the Sahara, the oasis of Mzab is the home of a small minority of Berber-speaking Muslims, the Ibadis. Long time isolated, they were for the first time integrated into what became “Algeria” with French colonialism. This raised the challenge for the religious and worldly authorities of the community: Should they resist integration into the new larger entity, or should they join in a wider, national struggle for Islamic renewal? How should they relate to the foreign, French authorities? This seminar will place the Mzab in Ibadi history, and trace how the community responded to these challenges during the twentieth century.
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Scattered among the Arabic books and MSS section of the Zanzibar Archives are a number of books written by, or which contain ownership of Waqfiyya notices written by, various members of the Mundhirī family. The Mundhiris were cultivated scholars through at least three generations, who not only collected and endowed MSS, but also wrote them. The family was established in the Malindi quarter of Zanzibar city before Sayyid Saʿīd b. Sulṭān finally settled on the island in 1832. ʿAlī b. Muḥ. al-Mundhirī did most to establish and consolidate the Waqf of books. Although only fragments of his work survive, what we do have gives much information about the intellectual climate in Zanzibar at the end of the 19th century. A list of titles included in the Waqf is included in the article.
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In this article three cases before the Sultan’s Court for Zanzibar and Pemba are presented over inheritance involving the possession of shambas, farms and farmhouses in the agricultural areas (from the Zanzibar National Archive, files HC8/1-140). For the Ibāḍiyya, the main legal text was K. al-Nīl wa-Shifā’ al-ʿAlīl of ʿAbd al-ʿAzīz b. Ibr. al-Muṣʿabī al-Thamīnī (1130-1223/1718-1808). To this, the most frequently used commentary was Sharḥ al-Nīl by Muḥ. b. Yūsuf Iṭfayyish (1260-1332/1820-1914). Another much used work on Ibāḍī inheritance law was the Mukhtaṣar by the Omani author Abū ‘l-Ḥasan ʿAlī b. Muḥ. al-Bisyawī. Pp. 8-9: information on the Ibāḍī Qāḍī ʿAlī b. Muḥ. al-Mundhirī (1866-1925).
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In this article three cases before the Sultan’s Court for Zanzibar and Pemba are presented over inheritance involving the possession of shambas, farms and farmhouses in the agricultural areas (from the Zanzibar National Archive, files HC8/1-140). For the Ibāḍiyya, the main legal text was K. al-Nīl wa-Shifā’ al-ʿAlīl of ʿAbd al-ʿAzīz b. Ibr. al-Muṣʿabī al-Thamīnī (1130-1223/1718-1808). To this, the most frequently used commentary was Sharḥ al-Nīl by Muḥ. b. Yūsuf Iṭfayyish (1260-1332/1820-1914). Another much used work on Ibāḍī inheritance law was the Mukhtaṣar by the Omani author Abū ‘l-Ḥasan ʿAlī b. Muḥ. al-Bisyawī. Pp. 8-9: information on the Ibāḍī Qāḍī ʿAlī b. Muḥ. al-Mundhirī (1866-1925).
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While most West European nations were formed around pre-existing entities that could be called “countries” before the modern age, this was not the case in the Middle East. Some entities, like Egypt, did have a clear political and cultural identity before colonialism, others, like Algeria, did not. This chapter discusses the four states of the Maghreb: Morocco, Algeria, Tunisia and Libya, through the perspective of “country creation” going into and coming out of colonial rule. We can see here two “models” of fairly similar types of historical development, one showing a gradual process through a protectorate period to relatively stable modern nations, another through violent conquest and direct colonization ending in violent liberation and military and wealthy but fragile states. The article asks whether these models for the history of country creation and the presence or absence of pre-colonial identities can help explain the modern history and nature of these states in the Arab Spring and the years thereafter. Then, a more tentative attempt is made to apply these models to two countries of the Arab east, Syria and Iraq. While local variations ensure that no model can be transferred directly, it can show the importance of studying the historical factors that go into the transition from geographical region to a country with people that can form the basis of a nation.
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Sujet
- Bayyūḍ, Ibrāhīm ibn ʿUmar (1899-1981) (1)
- Biographies (1)
- Commerce transsaharien (1)
- Fiqh (1)
- Recension (1)
- Réformisme -- Mzab (3)
- Vie politique -- Afrique du Nord (1)
- Zanzibar (3)
Type de ressource
- Book (2)
- Book Section (4)
- Encyclopedia Article (2)
- Journal Article (5)
- Presentation (3)
Année de publication
- Entre 1900 et 1999 (4)
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Entre 2000 et 2026
(12)
- Entre 2000 et 2009 (4)
- Entre 2010 et 2019 (4)
- Entre 2020 et 2026 (4)