Principles in the development of Ismaili law

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Principles in the development of Ismaili law

in Yearbook of Islamic and Middle Eastern Law Online

References

There is, however, a very good study by Sir Norman Anderson of Ismaili law in the East African context of the 1960s. See J.N.D. Anderson, "The Ismaili Khojas of East Africa: a new Constitution and Personal Law for the Community", Middle Eastern Studies, vol. 1, no. 1, 1964, pp. 21-39. For studies on medieval Ismaili law see, for example: Ismail Poonawala, "Al-Qadi al Nu'man and Ismaili jurisprudence", in E Daftary, Mediaeval Isma'ili History and Thought, Cambridge, Cambridge University Press, 1996; Bayard Dodge, "The Fatimid Legal Code" Muslim World, vol. 50, 1960, pp. 30-38; Wilferd Madelung, "The Sources of Isma'ili Law", Journal of Near Eastern Studies, vol. 35, 1976, pp. 29-39.

2 Farhad Daftary, A Short History of the Ismailis, Edinburgh, Edinburgh University Press, 1998, p. 64. 3 Farhad Daftary, The Ismailis: Their History and Traditions, Cambridge, Cambridge University Press, 1990, p. 249. Daftary gives the Qadi's full name as Abu Hanifa al- Nu'man b. Muhammad b. Mansur b. Ahmad b. Hayyun al-Tamimi aI-Maghribi, but see A.A.A. Fyzee "Qadi Nu'man: the Fatimid jurist and author", Journal of the RoyalAsiatic Society, 1934, pp. 1-32, notes 4 and 5, on the nisba of the Qadi. 4 See Fyzee, op. ctt., p. 22, and Poonawala, op. cit., p. 119.

5 See Madelung, op. cit., p. 32; Poonawala, op. cit., and Ismail Poonawala, "A Reconsideration of Qadi Nu'man's madhab", BSOAS, vol. 37, 1974, pp. 572-579. 6 Cited in Dodge, op. cit., p. 32. 7 Daftary, The Ismailis, op. cit., p. 253. 8 There is some scholarly debate on what the Fatimids added to the "Pillars". Vatikiosis argues that the Fatimids added only one principle to the Sunni formulation, that of walaya, for a total of six. (Incidentally, Vatikiosis counts jihad as the fifth pillar, rather than the more generally and widely accepted shahada. ) However, Dodge, argues that two principles were added - malalya and tahara (purification). Daftary includes jihad as well but also adds malalya and tahara. See P.J. Vatikiosis, The Fatimid Theory of State, Lahore, Orietalia Publishers, 1957, p. 70, Dodge op. cit., p. 31 and Daftary, The Ismailis, op. cit.,p. 250. 9 Vatikiosis, ibid., p. 70. Vatikiosis gives a very good account of the development of Fatimid law and its link to Fatimid doctrine more generally.

10 See Al-Mawardi, The Ordinances of Government (Al-Akham al-Sultaniyya w'al-Wilayat al- Diniyya), trans. Wafaa H. Wahba, Reading, UK, Garnet, 1996.

�1 M.G.S. Hodgson, "The Isma'ili State", in The Cambridge History oflran, Cambridge, Cambridge University Press, 1968, vol. 5, pp. 422-482.

12 Daftary, A Short History, op. cit., pp. 120-315.

13 Shirin R. Walji, A History of the Ismailis Community in Tanzania (unpublished Ph.D. thesis) (University of Wisconsin, Madison, 1974). Walji states that the 1905 constitution was revised in 1925, 1937, 1946 and 1962. There was also a revision in 1977, after the

cont. completion of her work. It also seems there was a revision in 1954, at least for the community in Africa (viz., the article of J.N.D Anderson cited above). In addition, certain further, albeit minor, amendments were made in 1964, although these did not occasion the promulgation of a new revised constitution. See The Constitution, Rules and Regulations of His Highntss the Aga Khan Shia Imam Irmailia Councils af Africa, His Highness the Aga Khan Shia Imam Ismailia Federal Council for Africa: Mombasa, December 1954, and The Constitution of the Shia Imami Ismailis in Europe, Canada and the United States ofAmerica, His Highness the Aga Khan Shia Imami Ismaili Supreme Council for Europe, Canada and the USA: Nairobi, 1977. 14 The Constitution of the Shia Imami Ismailis in Europe, Canada and the United States of America, op. cit., Part I.

ls For this and the above quotation see The Constitution of the Shia Imami Ismaili Muslims (1998).

16 Anderson, op. cit., p. 23. 17 This is an obvious point to anyone familiar with Islamic history, but one can see generally on this the recent study of Wilferd Madelung, The Sucesrian to Muhammad: A Study of the Early Caliphatt, Cambridge University Press, Cambridge, 1997.

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