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Studies in Ibāḍism (al-Ibāḍiyya)

Studies in Ibāḍism (al-Ibāḍīyya)

Publisher

Open Mind

Publication Year

2007 AH

according to which fixed sums are to be paid as a compensation for inflicting bodily injuries less grave than al-damiyah, when no amount is prescribed in the Sunnah. The other Islamic schools left such cases to the decision of the hukumah which estimates the penalty - namely by how much the injury in question would reduce the value of a slave, which would then determine the percentage of the blood money payable.159 Ibadhi scholars, in order to avoid any unjust decisions by the hukumah, established a special measure for assessing the injuries and fixing the sum which should be paid by way of compensation for them. The unit for assessing the injuries is the rajibah, the end joint of the thumb, i.e. about one inch.160

ii) In case of qisas, if a man is to be killed in retaliation for a woman, half of the blood wit of the man should be paid back by the waliy of the woman to the relatives of the man.161 This is also the attitude of the "Twelve Shiis.162

Apart from the examples given above, the Ibadhis, in many aspects of their legal system, agree or disagree with one or more of the other Islamic school, otherwise there is not much difference between the Ibadhis fiqh and Sunni fiqh in general. Although Ibadhis in some points hold the same views as "Twelve" Shiites, they also disagree with them over others. Mutah, for example, is one of these points on which Ibadhis hold the same view as Sunnis and Zaidi branch of Shiites, while the "Twelve" Shiites consider it lawful.163

However some of those points were discussed at an early stage, in the Ibadhi sources, such as the Mudawwanah of Abu Ghanim. In a number of cases Abu Ghanim confronted his teachers with opinions of non-Ibadhi scholars, but their answer usually was, "There is nothing in what they say. They told lies and were mistaken in narrating. We do not follow this narration. Our jurists do not acknowledge this narration, etc....."164 without adducing any arguments in support of their contentions. In certain cases, such as the case of umm al-walad and the case of the mukatab, their arguments and proofs were given in detail.165 The other Islamic scholars are referred to by the expression, "The jurists of our people." Abu Ghanim, on hearing from Abu al-Mu'arrij in person that Abu Ubaidah said, "Each prayer in which the Fatihah was not recited is incomplete," said, "O, Abu al-Mu'arrij, this is the saying of our people." Abu al-Mu'arrij said, "Your people say a great deal of truth, the Muslims (i.e. Ibadhis) did not contradict them about their correct opinions, but they contradicted them where they were mistaken and told lies.166

Ibadhis always considered themselves as the true Muslims, and their laws as the true religion of Islam, regarding their schools as the true representative of the authentic Sunnah and superior to other Islamic schools. The modern Ibadhi Shaikh Muhammad Yusuf Atfaiyish expressed this view in the following words: "Our schools is correctness bearing the possibility of error, and the schools of

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