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Kitab-Al-Amwal (Tenth Century Text on Islamic Finance)
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An edited and annotated Arabic text with English translation of a hitherto unpublished treatise on Islamic finance written by scholar of tenth century i.e. Abu Ja'far Ahmad Ibn Nasr al-Daudi al-Maliki al-Asadi (d.402/1011). The text has been edited on the basis of a unique manuscript, preserved in the Escurial Library, Madrid (MS No. 1165). It deals (from the Maliki point of view) with broad principles of state revenues, military administration, International law of war and peace, and the author's verdicts (fatawa) on the settlements of lands in al-Ifraqiyaah, al- Maghrib, Spain and Sicily. It also deals with the administration of the properties acquired unlawfully and those abandoned with no legal owners. The work throws light on various kinds of earnings and suggests methods to maintain balance in society between various groups or rich and poor people.

 

Preface

This work consists of the Arabic text of Kitab al-Amwal of Abu Ja'far Ahmad ibn Nasr al-Da'udi al-Maliki al-Asadi, with explanatory notes, English translation and introduction. The text- has been edited for the first time on the basis of a unique manuscript, preserved in the Escurial Library, Madrid, under the title 'Kitab fihi'I-Amwal', MS No. 1165. The title page of the MS mentions the work as 'Kitab fihi'l Arnwal' which has been referred to as Kitab al-Amwal by Qadi Ibn Rushd, Qadf 'Iyad and 'Allamah al-Tiqbani al-Tilimsani.

The text deals (from the Maliki point of view) with broad principles of state revenues, military administration, international law of war and peace, and the author's verdicts (fatawa) on the settlements of lands in al-Ifriqiyyah, al- Maghrib, Spain and Sicily. It also deals with the administration of the properties acquired unlawfully and those abandoned with no legal owners. What is significant is that the work throws light on various kinds of earnings (lawful, disapproved and prohibited) and suggests methods to treat the problems of begging, solicitation of alms and similar aids (lawful, obligatory, and prohibited) and the means to maintain balance in society between various groups of rich and poor people.

As no other copy of the manuscript has so far been traced, I had to rely on the photocopies of the Escurial MS and tried to establish the text by collating it with the parallels found in some of the early works like Kitab al-Muqaddimat of Qadi Ibn Rushd, the Tafsir of al-Qurtubi and Tuhfat al-Nazir of 'Allamah al- 'Uqbani al-Tilirnsani, etc.

For quotation of the Qur'anic verses and their numbers, the text of the Qur'an published by the Taj Company, Lahore has been used. As for the Prophetic traditions, I have traced them in al-Muwatta' of Imam Malik, the Sahih' of al-Bukhari and the sahih of al-Muslim and other compilations of traditions and early works on jurisprudence. For verifying the opinions and events I have collated the text with al-Mudawwanah of Sahnun, Kitab al-Kharaj of Abu Yusuf, Kitab al-Kharaj of Yahya ibn Adam, Kitab al-Amwal of Abu 'Ubayd, Abu Ahmad Humayd ibn Zanjawayh (MS). Kitab al Umm of al-Shafi'I and the historical works of al-Baladhuri, al-Tabari, Ibn Hisham and others.

Since the MS is very old and it was transcribed about 275 years after the death of the author, some portions of the work are demaged and effaced owing to exposure to sun and moisture, etc. Moreover, the text contains some errors. I have endeavoured to fill the gaps and correct the version of the Manuscript in accordance with the parallels and the theme of the context. Still, there are a number of problems which I could not fully solve. There might also be some lacunae, obscure passages, and illegible words, here and there, in the text which might have escaped my notice. They have been left open with the hope that they will be deciphered later. All the words added in the text have been placed in between the brackets.

The notes added to the Arabic text indicate the versions of the Manuscript, the errors, variations in reading, short biographical notices and description of places, besides the parallel passages quoted from other works.

In the English translation, an attempt has been made to make the translation as literal as possible, and faithful to the original text. For the translation of the verses of the Qur'an, I have depended on The Meaning of the Glorious Koran of late Muhammad Marmaduke Pickthall.

In the Introduction, I have tried to estimate the importance of the present work by comparing it with other similar works and have discussed the life and works of the author. I have also thrown some light on the' lives' and activities of a number of his disciples through whom his works were transmitted to posterity. Again, I -have tried to delineate the significance of the Manuscript and have pointed out how this work influenced the contemporary and later scholars of al- Maghrib.

Lastly, I have summed up the contents of the work in the Introduction. It may be added that the cataloguer of the MS (Escurial) has described it at the end in Latin which I have got translated into English. Both the Latin text and the English translation form the Appendix of the work.

Originally, this work formed a thesis submitted to the University of Dhaka in 1972 for the degree of Ph.D.

Introduction

 

I. THE WORK OF ABU JA'FAR AL-DA'UDI

This work is an attempt to introduce to the readers the Kitab al-Amwal of Abu Ja'far Ahmad ibn Nasr al-Da'udi---a juridical treatise of the fourth century Hijrah, hitherto little known but often referred to by his contemporary and later scholars of al-Maghrib, such as Qa91 Abu'l-Walld Muhammad ibn Ahmad Ibn Rushd (45011059-520/1126), the commentator of the Our'an, Abu 'Abd Allah Muhammad ibn Ahmad al-Ansari al-Ourtubi (d. 671/1273), and the noted jurist Abu 'Abd Allah Muhammad ibn Ahmad ibn Qasim ibn Sa'Id al-Uqbani al-Tilimsani (d. 871/1467).

This treatise contains broad principles of state revenues, military administration, as well as the author's verdicts (fatawa) on the settlements of lands in al-Ifriqiyyah, al-Maghrib, Spain and Sicily. It also discusses how to maintain equilibrium in society between various groups of rich and poor people.

Abu Ja'far al-Da'udi is not the first author on the subject. A good number of works entitled Kitab al-Amwal or Kitab al-Kharaj preceded the present work. The subject of revenue administration, the main theme of this work, was dealt with at considerable length in the early compilations of the Prophetic traditions, the juridical books and historical works under different chapters such as Kitab al-Maghiizi, Kitab al-Zakiih, Kitab al-Siyar, Kitab al-Iihdd, Kitab al-Sadaqah and so on and so forth.

An independent treatment of the subject appears to have become popular in the early phase of the 'Abbasid period. The wazirs, qadis, katibs, muftis and other officers who were responsible for general administration, including justice, accounts of taxation and disbursement of .revenues, are the precursors on the subject. Mu'awiyah ibn 'Ubayd Allah ibn Yasar al- 'Ash'ari (d. 170n86), the famous wazir of the 'Abbasid Caliph, al-Mahdi (158/775-168/785), is credited with being the first to compile such a work. Soon he was followed by Qii~I Abu Yusuf, Yal:tya ibn Rajab al-Hanbali and others. Out of twenty-seven such works, only five so far seem to have seen the light of the day as chronologically detailed below:

1. Abu Yusuf Ya'qub ibn Ibrahim (d. 182/799) Kitab al-Kharaj.

2. Yahya ibn Adam (d. 203/819): Kitab al-Kharaj.

3. Abu 'Ubayd al-Oasim ibn Sallam (d. 224/839), Kitab al-Amwal.

4. Abu'l-Faraj Qudamah ibn Ja'far al-Katib (d. 320/932), Kitab al-Kharaj wa-Sina'at al-Kitabah.

5. Abu'l-Faraj 'Abd al-Rahman ibn Rajab al-Hanbali (d. 795/1393), Kitab al-Istikhraj li-Ahkam al-Kharaj.

In these works, the authors, apart from dealing with the broad principles of revenue administration and other related subjects confine them- selves to the problems of the eastern part of Muslim lands, but in his Kitab al-Amwiil, al-Da'udi's main interest lies in the western part of the Muslim lands of his time, namely al-Ifriqiyyah, al-Maghrib, Spain, and Sicily to which he devoted comparatively, long chapters.

These chapters, in fact, abound in his verdicts on the land settlements which he primarily based on the main principles and outlines of Maliki fiqh. These verdicts provide us with considerable details of the contemporaneous agricultural and economic conditions of the actual owners of the lands in al-Maghrib vis-a-vis the unlawful practices of the rulers of his time who frequently seized and forcibly occupied the public and private properties for their own benefit.

Kitab al-Amwal of Abu Ja'far al-Da'udi is, therefore, important for more than one reason; firstly, it can be considered as a significant work on the revenue administration of the early phase of Islam and a unique work of verdicts in the context of the disputes occasionally referred to him on the problems of settlement of lands and administration of properties.

Secondly, by way of comparison with other Hanafite and Hanbalite works on the subject it gives us a good resume of the Maliki law on revenue administration, military organization, land-holdings and land tenure.

Thirdly, for practical purposes, it is undoubtedly an important work of Maliki law, because we know that the Maliki school claimed mass adherence in the fourth/fifth centuries of Hijrah in North Africa, Spain and Sicily/' The work remained in demand for even five hundred years after the death of our author.

Fourthly, it provides us with authoritative points of comparison with its counterparts in the East. Thus all the relevant works including the present work at hand will provide a comprehensive as well as an exhaustive study on the subject.

Lastly, it is only through this book that we can know such a great author as Imam Abu Ja'far al-Da'udi, whose other works remain untraceable till today.

II. THE AUTHOR

Abu Ja'far Ahmad ibn Nasr al-Da'udi lived in fourth-fifth Hijrah/ eleventh century CE in North Africa. Although we are not in possession of a good chronological account of his life and career, we have at our disposal some authentic and useful data about his life, his students, and his works in the writings of his near contemporary and later authors like the biographer Qa"U 'Iyad (476/1084-544/1150), the bibliographist Ibn Khayr (502/ 1108-575/1179), the biographer Ibn Bushkuwal (494/1101- 578/1185) and Ibn Farhun (720/1321-799/397), which when pieced together give us an integrated view of our author.

Qadi Abu'l-Fadl 'Iyad ibn Musa ibn 'Iyad (476/1084-544/1150), who is proverbially famous for his knowledge of al-Maghrib," provides us with comparatively greater details of the life, activities and works of al-Da'udi. In his biographical dictionary of Maliki scholars entitled Tartib al-Madarik wa Taqrib al-Masiilik li-Ma'rifat A'lam Madhhab Malik, he mentions al- Da'udi, belonging to Banu Asad, as an Imam of the Maliki school of law in al-Maghrib. According to him, al-Da'udi hailed from M'sila (al-Masilah) or Biskarah. He lived in Tripoli (Trabulus) where he wrote his book, Fi Shari: al-Muwatta'. Thereafter, he moved to Tlemcen (Tilimsan). Oadl 'Iyad further adds that al-Da'udi was a very learned jurist and scholar in various branches of knowledge and an excellent author. He had a good command of Arabic language, Hadith and speculative science.

Oadi 'Iyad lists the following books of al-Da'udi:

1. Al-Niimifi Sharh al-Muwatta'.

2. Al-Nasihah fi Sharh al-Bukhari.

3. AI-Wa'yifi'I-Fiqh.

4. Al-Idahft'l-Radd 'ala'l-Qadariyyah.

5. Kitab al- Usal.

6. Kitab al-Bayiin.

7. Kitab al-Amwal.

Qadi 'Iyad is of the opinion that the learning of al-Da'udi was virtually self-acquired as he was known to have acquired most of his knowledge without sitting at the feet of any renowned teacher (Imam). He got his vast knowledge in various sciences through his own efforts. In this connection he narrates a story saying that his contemporary scholars of al-Oayrawan once rejected his verdict on migrating from the realm of Banu 'Abid on the ground of his having no teacher (Shaykh).

Nevertheless, as mentioned by Qadi 'Iyad, three pupils of al-Da'udi, Abu 'Abd Allah al-Buni. Abu Bakr ibn Shaykh Abu Muhammad ibn Abu Zayd and Abu 'Ali ibn al-Raffa of Couta transmitted (Hadith and works) from him. According to Qadi 'Iyad, Hatim al-Tarabulisi states that al- Da'udi died in H. 402 in Tlemcen (Tilimsan) and was buried at Bab al-'Aqbah and that Hatim could not attend his lectures and that al-Da'udi was alive when Hatim was at Oayrawan. He further adds that, although he finds in some historical works the date of the death of al-Da'udi mentioned as the year 411, he regards the former date as most probable.

 

Contents

 

  Acknowledgement ix
  Preface x
  Note On Transliteration xii
  Introduction  
I THE WORK OF ABU JA'FAR AL-DA’UDI 1
II THE AUTHOR 3
III THE MANUSCRIPT 12
IV INFLUENCE OF KlTAB AL-AMWAL ON OTHER WORKS 19
V THE SUBJECT 20
  Preamble 34
  Part One  
Chapter I On Properties That Fall Into The Hands of The Rulers Who Possess Them For The People, And Discussion of One-Fifth of The Booty (Al-khums) 39
Chapter II On What Is Awarded By The Imam As Aditional Share (Al-Nafal) Before Fighting 52
Chapter III One The method of Division of One-Fifth of The Booty (Al-Khums) And on Determination of Near Relations' (Dhawu'l Qurba) 54
Chapter IV On The Spoils of War That Belonged To The Prophet And On The Wealth He left Behind 59
Chapter V On The Policy Regarding The Enemy-Lands Captured By The Muslims 61
Chapter VI On The Terms According To Which'Umar Reatained The Land 64
Chapter VII On What Is Owned By The Tillers o The Land And What Is Inherited From Them, And On The Rule Concerning Their Women 67
ChapterVIII ON Founding of Towns, Grant of Lands As Fiefs (IQTA') And Revival of 'Dead' Lands (MAWAT) 68
ChapterIX On The Boundary of Wells, On Herbage. Water, Fire, Fire-Wood, And Salt 71
ChapterX On Cultivating Kharaj Lands, Appropriating These By The Rulers (Umara') In The Later Period, And On Their Turning The Property of Allah Into Their Private Estates 73
  Part Two  
Chapter I On Register (Al-Diwan) And Receiving State-Allowances 79
Chapter II On Anfal, Fay', Ghanimah and 'Ushr of Lands 86
Chapter III On Ifrioyyah, Spain And Sicily 88
Chapter IV On Renuciation of Allowances ('Ata') Paid By Those Who Turned God's Property (Mal Allah) Into Private Estates, Their Transaction, Demand for Payment, Their Petty Trade And Profits Accruing Therefrom 101
  Part Three 125
Chapter I On Execution, Releasing On Grace And On Ransom 13
Chapter II On Discussion Of Truce And, On Apprehension of Betarayal By One Whose Settlement Lies In Between The Muslims And The Disbelievers 132
Chapter III One The Conquest Of Makkah, Ruling About Its Inhabitants, Its Propherties, Lost And Found. And On All Its Relevant Affairs 137
Chapter IV On The Stipulated Wages (Ja'A'il) And On The Allowances Fixed For The Fighters 139
Chapter V On Jizyah And Banu Taghlib 141
Chapter VI On The Presents Offered By The Disbelievers To The Muslim Rulers; On The Present Offered By The Rulers; On Defrauding; And On Permissibility, Of Taking food And Fooder 143
ChapterVII On The Wealth Of The Muslims Found In The Booty; On One Who Embraces Islam While He Has In His Possession The Wealth of Another uslim; On One Who Embraces Islam But Finds In The Hand Of A Muslim All That Was Taken Away From Him As Booty; And Also On A Per 145
ChapterVIII On The Inhabitants of The Enemy-Territory Who Enter The Muslim Territory with The Pledge of Security While They Hold In Their Possession Muslim Individuals Free Or Slave; Or On Those Some of Whose Slaves Embrace Islam; Or On Those Who Come As Envoys But L 146
Chapter IX On Inviting (To Islam) Before Fighting; On Entering The Enemy-Territory; And On Settling At Frontier-Towns 153
Chapter X On Al-zakah 157
Chapter XI On The Wealth Liable for Zakh; And on The Rates Of Zakah; And On Others Dues On Wealth 171
  Part Four 192
Chapter I On The Wealth The Owners of Which Are Not Known; On The Usurped Wealth; And Those Whose Owners All Or Some Are Exiled; (Fo. 43-B) On Dealing With ;Usurpers: Transgressors; And Those Who Are Forced To Settle At Usurped Land; And Also Means Of Earning Disap 196
Chapter II On Solicitation of Aid (Mas'Alah) 205
Chapter III On Sufficiency, Poverty And Wealth 206
  Appendix 207
  Translation 213
  Select Bibliography 227
  Index  
  Arabic Text  

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Kitab-Al-Amwal (Tenth Century Text on Islamic Finance)

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NAJ677
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2006
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Back of The Book

An edited and annotated Arabic text with English translation of a hitherto unpublished treatise on Islamic finance written by scholar of tenth century i.e. Abu Ja'far Ahmad Ibn Nasr al-Daudi al-Maliki al-Asadi (d.402/1011). The text has been edited on the basis of a unique manuscript, preserved in the Escurial Library, Madrid (MS No. 1165). It deals (from the Maliki point of view) with broad principles of state revenues, military administration, International law of war and peace, and the author's verdicts (fatawa) on the settlements of lands in al-Ifraqiyaah, al- Maghrib, Spain and Sicily. It also deals with the administration of the properties acquired unlawfully and those abandoned with no legal owners. The work throws light on various kinds of earnings and suggests methods to maintain balance in society between various groups or rich and poor people.

 

Preface

This work consists of the Arabic text of Kitab al-Amwal of Abu Ja'far Ahmad ibn Nasr al-Da'udi al-Maliki al-Asadi, with explanatory notes, English translation and introduction. The text- has been edited for the first time on the basis of a unique manuscript, preserved in the Escurial Library, Madrid, under the title 'Kitab fihi'I-Amwal', MS No. 1165. The title page of the MS mentions the work as 'Kitab fihi'l Arnwal' which has been referred to as Kitab al-Amwal by Qadi Ibn Rushd, Qadf 'Iyad and 'Allamah al-Tiqbani al-Tilimsani.

The text deals (from the Maliki point of view) with broad principles of state revenues, military administration, international law of war and peace, and the author's verdicts (fatawa) on the settlements of lands in al-Ifriqiyyah, al- Maghrib, Spain and Sicily. It also deals with the administration of the properties acquired unlawfully and those abandoned with no legal owners. What is significant is that the work throws light on various kinds of earnings (lawful, disapproved and prohibited) and suggests methods to treat the problems of begging, solicitation of alms and similar aids (lawful, obligatory, and prohibited) and the means to maintain balance in society between various groups of rich and poor people.

As no other copy of the manuscript has so far been traced, I had to rely on the photocopies of the Escurial MS and tried to establish the text by collating it with the parallels found in some of the early works like Kitab al-Muqaddimat of Qadi Ibn Rushd, the Tafsir of al-Qurtubi and Tuhfat al-Nazir of 'Allamah al- 'Uqbani al-Tilirnsani, etc.

For quotation of the Qur'anic verses and their numbers, the text of the Qur'an published by the Taj Company, Lahore has been used. As for the Prophetic traditions, I have traced them in al-Muwatta' of Imam Malik, the Sahih' of al-Bukhari and the sahih of al-Muslim and other compilations of traditions and early works on jurisprudence. For verifying the opinions and events I have collated the text with al-Mudawwanah of Sahnun, Kitab al-Kharaj of Abu Yusuf, Kitab al-Kharaj of Yahya ibn Adam, Kitab al-Amwal of Abu 'Ubayd, Abu Ahmad Humayd ibn Zanjawayh (MS). Kitab al Umm of al-Shafi'I and the historical works of al-Baladhuri, al-Tabari, Ibn Hisham and others.

Since the MS is very old and it was transcribed about 275 years after the death of the author, some portions of the work are demaged and effaced owing to exposure to sun and moisture, etc. Moreover, the text contains some errors. I have endeavoured to fill the gaps and correct the version of the Manuscript in accordance with the parallels and the theme of the context. Still, there are a number of problems which I could not fully solve. There might also be some lacunae, obscure passages, and illegible words, here and there, in the text which might have escaped my notice. They have been left open with the hope that they will be deciphered later. All the words added in the text have been placed in between the brackets.

The notes added to the Arabic text indicate the versions of the Manuscript, the errors, variations in reading, short biographical notices and description of places, besides the parallel passages quoted from other works.

In the English translation, an attempt has been made to make the translation as literal as possible, and faithful to the original text. For the translation of the verses of the Qur'an, I have depended on The Meaning of the Glorious Koran of late Muhammad Marmaduke Pickthall.

In the Introduction, I have tried to estimate the importance of the present work by comparing it with other similar works and have discussed the life and works of the author. I have also thrown some light on the' lives' and activities of a number of his disciples through whom his works were transmitted to posterity. Again, I -have tried to delineate the significance of the Manuscript and have pointed out how this work influenced the contemporary and later scholars of al- Maghrib.

Lastly, I have summed up the contents of the work in the Introduction. It may be added that the cataloguer of the MS (Escurial) has described it at the end in Latin which I have got translated into English. Both the Latin text and the English translation form the Appendix of the work.

Originally, this work formed a thesis submitted to the University of Dhaka in 1972 for the degree of Ph.D.

Introduction

 

I. THE WORK OF ABU JA'FAR AL-DA'UDI

This work is an attempt to introduce to the readers the Kitab al-Amwal of Abu Ja'far Ahmad ibn Nasr al-Da'udi---a juridical treatise of the fourth century Hijrah, hitherto little known but often referred to by his contemporary and later scholars of al-Maghrib, such as Qa91 Abu'l-Walld Muhammad ibn Ahmad Ibn Rushd (45011059-520/1126), the commentator of the Our'an, Abu 'Abd Allah Muhammad ibn Ahmad al-Ansari al-Ourtubi (d. 671/1273), and the noted jurist Abu 'Abd Allah Muhammad ibn Ahmad ibn Qasim ibn Sa'Id al-Uqbani al-Tilimsani (d. 871/1467).

This treatise contains broad principles of state revenues, military administration, as well as the author's verdicts (fatawa) on the settlements of lands in al-Ifriqiyyah, al-Maghrib, Spain and Sicily. It also discusses how to maintain equilibrium in society between various groups of rich and poor people.

Abu Ja'far al-Da'udi is not the first author on the subject. A good number of works entitled Kitab al-Amwal or Kitab al-Kharaj preceded the present work. The subject of revenue administration, the main theme of this work, was dealt with at considerable length in the early compilations of the Prophetic traditions, the juridical books and historical works under different chapters such as Kitab al-Maghiizi, Kitab al-Zakiih, Kitab al-Siyar, Kitab al-Iihdd, Kitab al-Sadaqah and so on and so forth.

An independent treatment of the subject appears to have become popular in the early phase of the 'Abbasid period. The wazirs, qadis, katibs, muftis and other officers who were responsible for general administration, including justice, accounts of taxation and disbursement of .revenues, are the precursors on the subject. Mu'awiyah ibn 'Ubayd Allah ibn Yasar al- 'Ash'ari (d. 170n86), the famous wazir of the 'Abbasid Caliph, al-Mahdi (158/775-168/785), is credited with being the first to compile such a work. Soon he was followed by Qii~I Abu Yusuf, Yal:tya ibn Rajab al-Hanbali and others. Out of twenty-seven such works, only five so far seem to have seen the light of the day as chronologically detailed below:

1. Abu Yusuf Ya'qub ibn Ibrahim (d. 182/799) Kitab al-Kharaj.

2. Yahya ibn Adam (d. 203/819): Kitab al-Kharaj.

3. Abu 'Ubayd al-Oasim ibn Sallam (d. 224/839), Kitab al-Amwal.

4. Abu'l-Faraj Qudamah ibn Ja'far al-Katib (d. 320/932), Kitab al-Kharaj wa-Sina'at al-Kitabah.

5. Abu'l-Faraj 'Abd al-Rahman ibn Rajab al-Hanbali (d. 795/1393), Kitab al-Istikhraj li-Ahkam al-Kharaj.

In these works, the authors, apart from dealing with the broad principles of revenue administration and other related subjects confine them- selves to the problems of the eastern part of Muslim lands, but in his Kitab al-Amwiil, al-Da'udi's main interest lies in the western part of the Muslim lands of his time, namely al-Ifriqiyyah, al-Maghrib, Spain, and Sicily to which he devoted comparatively, long chapters.

These chapters, in fact, abound in his verdicts on the land settlements which he primarily based on the main principles and outlines of Maliki fiqh. These verdicts provide us with considerable details of the contemporaneous agricultural and economic conditions of the actual owners of the lands in al-Maghrib vis-a-vis the unlawful practices of the rulers of his time who frequently seized and forcibly occupied the public and private properties for their own benefit.

Kitab al-Amwal of Abu Ja'far al-Da'udi is, therefore, important for more than one reason; firstly, it can be considered as a significant work on the revenue administration of the early phase of Islam and a unique work of verdicts in the context of the disputes occasionally referred to him on the problems of settlement of lands and administration of properties.

Secondly, by way of comparison with other Hanafite and Hanbalite works on the subject it gives us a good resume of the Maliki law on revenue administration, military organization, land-holdings and land tenure.

Thirdly, for practical purposes, it is undoubtedly an important work of Maliki law, because we know that the Maliki school claimed mass adherence in the fourth/fifth centuries of Hijrah in North Africa, Spain and Sicily/' The work remained in demand for even five hundred years after the death of our author.

Fourthly, it provides us with authoritative points of comparison with its counterparts in the East. Thus all the relevant works including the present work at hand will provide a comprehensive as well as an exhaustive study on the subject.

Lastly, it is only through this book that we can know such a great author as Imam Abu Ja'far al-Da'udi, whose other works remain untraceable till today.

II. THE AUTHOR

Abu Ja'far Ahmad ibn Nasr al-Da'udi lived in fourth-fifth Hijrah/ eleventh century CE in North Africa. Although we are not in possession of a good chronological account of his life and career, we have at our disposal some authentic and useful data about his life, his students, and his works in the writings of his near contemporary and later authors like the biographer Qa"U 'Iyad (476/1084-544/1150), the bibliographist Ibn Khayr (502/ 1108-575/1179), the biographer Ibn Bushkuwal (494/1101- 578/1185) and Ibn Farhun (720/1321-799/397), which when pieced together give us an integrated view of our author.

Qadi Abu'l-Fadl 'Iyad ibn Musa ibn 'Iyad (476/1084-544/1150), who is proverbially famous for his knowledge of al-Maghrib," provides us with comparatively greater details of the life, activities and works of al-Da'udi. In his biographical dictionary of Maliki scholars entitled Tartib al-Madarik wa Taqrib al-Masiilik li-Ma'rifat A'lam Madhhab Malik, he mentions al- Da'udi, belonging to Banu Asad, as an Imam of the Maliki school of law in al-Maghrib. According to him, al-Da'udi hailed from M'sila (al-Masilah) or Biskarah. He lived in Tripoli (Trabulus) where he wrote his book, Fi Shari: al-Muwatta'. Thereafter, he moved to Tlemcen (Tilimsan). Oadl 'Iyad further adds that al-Da'udi was a very learned jurist and scholar in various branches of knowledge and an excellent author. He had a good command of Arabic language, Hadith and speculative science.

Oadi 'Iyad lists the following books of al-Da'udi:

1. Al-Niimifi Sharh al-Muwatta'.

2. Al-Nasihah fi Sharh al-Bukhari.

3. AI-Wa'yifi'I-Fiqh.

4. Al-Idahft'l-Radd 'ala'l-Qadariyyah.

5. Kitab al- Usal.

6. Kitab al-Bayiin.

7. Kitab al-Amwal.

Qadi 'Iyad is of the opinion that the learning of al-Da'udi was virtually self-acquired as he was known to have acquired most of his knowledge without sitting at the feet of any renowned teacher (Imam). He got his vast knowledge in various sciences through his own efforts. In this connection he narrates a story saying that his contemporary scholars of al-Oayrawan once rejected his verdict on migrating from the realm of Banu 'Abid on the ground of his having no teacher (Shaykh).

Nevertheless, as mentioned by Qadi 'Iyad, three pupils of al-Da'udi, Abu 'Abd Allah al-Buni. Abu Bakr ibn Shaykh Abu Muhammad ibn Abu Zayd and Abu 'Ali ibn al-Raffa of Couta transmitted (Hadith and works) from him. According to Qadi 'Iyad, Hatim al-Tarabulisi states that al- Da'udi died in H. 402 in Tlemcen (Tilimsan) and was buried at Bab al-'Aqbah and that Hatim could not attend his lectures and that al-Da'udi was alive when Hatim was at Oayrawan. He further adds that, although he finds in some historical works the date of the death of al-Da'udi mentioned as the year 411, he regards the former date as most probable.

 

Contents

 

  Acknowledgement ix
  Preface x
  Note On Transliteration xii
  Introduction  
I THE WORK OF ABU JA'FAR AL-DA’UDI 1
II THE AUTHOR 3
III THE MANUSCRIPT 12
IV INFLUENCE OF KlTAB AL-AMWAL ON OTHER WORKS 19
V THE SUBJECT 20
  Preamble 34
  Part One  
Chapter I On Properties That Fall Into The Hands of The Rulers Who Possess Them For The People, And Discussion of One-Fifth of The Booty (Al-khums) 39
Chapter II On What Is Awarded By The Imam As Aditional Share (Al-Nafal) Before Fighting 52
Chapter III One The method of Division of One-Fifth of The Booty (Al-Khums) And on Determination of Near Relations' (Dhawu'l Qurba) 54
Chapter IV On The Spoils of War That Belonged To The Prophet And On The Wealth He left Behind 59
Chapter V On The Policy Regarding The Enemy-Lands Captured By The Muslims 61
Chapter VI On The Terms According To Which'Umar Reatained The Land 64
Chapter VII On What Is Owned By The Tillers o The Land And What Is Inherited From Them, And On The Rule Concerning Their Women 67
ChapterVIII ON Founding of Towns, Grant of Lands As Fiefs (IQTA') And Revival of 'Dead' Lands (MAWAT) 68
ChapterIX On The Boundary of Wells, On Herbage. Water, Fire, Fire-Wood, And Salt 71
ChapterX On Cultivating Kharaj Lands, Appropriating These By The Rulers (Umara') In The Later Period, And On Their Turning The Property of Allah Into Their Private Estates 73
  Part Two  
Chapter I On Register (Al-Diwan) And Receiving State-Allowances 79
Chapter II On Anfal, Fay', Ghanimah and 'Ushr of Lands 86
Chapter III On Ifrioyyah, Spain And Sicily 88
Chapter IV On Renuciation of Allowances ('Ata') Paid By Those Who Turned God's Property (Mal Allah) Into Private Estates, Their Transaction, Demand for Payment, Their Petty Trade And Profits Accruing Therefrom 101
  Part Three 125
Chapter I On Execution, Releasing On Grace And On Ransom 13
Chapter II On Discussion Of Truce And, On Apprehension of Betarayal By One Whose Settlement Lies In Between The Muslims And The Disbelievers 132
Chapter III One The Conquest Of Makkah, Ruling About Its Inhabitants, Its Propherties, Lost And Found. And On All Its Relevant Affairs 137
Chapter IV On The Stipulated Wages (Ja'A'il) And On The Allowances Fixed For The Fighters 139
Chapter V On Jizyah And Banu Taghlib 141
Chapter VI On The Presents Offered By The Disbelievers To The Muslim Rulers; On The Present Offered By The Rulers; On Defrauding; And On Permissibility, Of Taking food And Fooder 143
ChapterVII On The Wealth Of The Muslims Found In The Booty; On One Who Embraces Islam While He Has In His Possession The Wealth of Another uslim; On One Who Embraces Islam But Finds In The Hand Of A Muslim All That Was Taken Away From Him As Booty; And Also On A Per 145
ChapterVIII On The Inhabitants of The Enemy-Territory Who Enter The Muslim Territory with The Pledge of Security While They Hold In Their Possession Muslim Individuals Free Or Slave; Or On Those Some of Whose Slaves Embrace Islam; Or On Those Who Come As Envoys But L 146
Chapter IX On Inviting (To Islam) Before Fighting; On Entering The Enemy-Territory; And On Settling At Frontier-Towns 153
Chapter X On Al-zakah 157
Chapter XI On The Wealth Liable for Zakh; And on The Rates Of Zakah; And On Others Dues On Wealth 171
  Part Four 192
Chapter I On The Wealth The Owners of Which Are Not Known; On The Usurped Wealth; And Those Whose Owners All Or Some Are Exiled; (Fo. 43-B) On Dealing With ;Usurpers: Transgressors; And Those Who Are Forced To Settle At Usurped Land; And Also Means Of Earning Disap 196
Chapter II On Solicitation of Aid (Mas'Alah) 205
Chapter III On Sufficiency, Poverty And Wealth 206
  Appendix 207
  Translation 213
  Select Bibliography 227
  Index  
  Arabic Text  

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