Fifty-Seven Tracts: Shaybānī’s (d. 189/805) Aṣl/Mabsūṭ, Twelve Centuries On

In Muḥammad b. al-Ḥasan Shaybānī’s (d. 189/805) al-Mabsūṭ, it is taken for granted that different nations (Jews, Zoroastrians, Christians, Muslims) may live inside a single moral-legal structure known as an abode (dār, pl. dūr). When a community of nations is governed by Islamic moral and legal nor...

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Autor principal:	Ahmad Atif Ahmad
Formato:	article
Lenguaje:	EN
Publicado:	International Institute of Islamic Thought 2021
Materias:	Shaybānī Shaybani abode religions Dār al-Islām religious nations Islam BP1-253
Acceso en línea:	https://doaj.org/article/7d5d0b2e993f4d70a2f30b9838277bfe
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spelling	oai:doaj.org-article:7d5d0b2e993f4d70a2f30b9838277bfe2021-12-02T19:41:15ZFifty-Seven Tracts: Shaybānī’s (d. 189/805) Aṣl/Mabsūṭ, Twelve Centuries On10.35632/ajis.v38i1-2.29402690-37332690-3741https://doaj.org/article/7d5d0b2e993f4d70a2f30b9838277bfe2021-05-01T00:00:00Zhttps://www.ajis.org/index.php/ajiss/article/view/2940https://doaj.org/toc/2690-3733https://doaj.org/toc/2690-3741 In Muḥammad b. al-Ḥasan Shaybānī’s (d. 189/805) al-Mabsūṭ, it is taken for granted that different nations (Jews, Zoroastrians, Christians, Muslims) may live inside a single moral-legal structure known as an abode (dār, pl. dūr). When a community of nations is governed by Islamic moral and legal norms, theirs would be known as the Islam-abode, Dār al-Islām. Islamic moral and legal norms have a strong, though not unlimited, presence in this abode. The norms and forms of consent dominant in the Islam-abode are not presumed to be politically and socially respected outside of it. Each one of these ‘religious nations’ were granted collective rights as ‘protected groups.’ To bring what I hope will be a helpful comparison, consider the following. In the United States, only in areas where rights can be granted to individuals based on these individual’s ‘sincerely held beliefs’ may an individual receive relief because of their affiliation with a religious group. No rights are afforded to religious ‘groups’ per se. A class certification (an acknowledgment that an individual Muslim who suffered discrimination did so for belonging to that class) may benefit the individual’s cause in a religious freedom case; yet religious groups don’t have rights as a group. In contrast, in Shaybānī’s world, even if the doctrines and practices of a group are abhorrent to Muslim beliefs (for example, incest, practiced by Shaybānī’s eighth-century Zoroastrians), the group’s religion is protected, and the individuals belonging to the religious group would be acknowledged in a manner unavailable to today’s American Muslim minority. Against that benefit, however, we will see that an individual’s freedom to move about from one religious group to another, while not an infrequent occurrence, was not celebrated (to say the least). And the jurist, who held a degree of power in shaping his society’s norms, had his limits. Ahmad Atif AhmadInternational Institute of Islamic ThoughtarticleShaybānīShaybaniabode religionsDār al-Islāmreligious nationsIslamBP1-253ENAmerican Journal of Islam and Society, Vol 38, Iss 1-2 (2021)
institution	DOAJ
collection	DOAJ
language	EN
topic	Shaybānī Shaybani abode religions Dār al-Islām religious nations Islam BP1-253
spellingShingle	Shaybānī Shaybani abode religions Dār al-Islām religious nations Islam BP1-253 Ahmad Atif Ahmad Fifty-Seven Tracts: Shaybānī’s (d. 189/805) Aṣl/Mabsūṭ, Twelve Centuries On
description	In Muḥammad b. al-Ḥasan Shaybānī’s (d. 189/805) al-Mabsūṭ, it is taken for granted that different nations (Jews, Zoroastrians, Christians, Muslims) may live inside a single moral-legal structure known as an abode (dār, pl. dūr). When a community of nations is governed by Islamic moral and legal norms, theirs would be known as the Islam-abode, Dār al-Islām. Islamic moral and legal norms have a strong, though not unlimited, presence in this abode. The norms and forms of consent dominant in the Islam-abode are not presumed to be politically and socially respected outside of it. Each one of these ‘religious nations’ were granted collective rights as ‘protected groups.’ To bring what I hope will be a helpful comparison, consider the following. In the United States, only in areas where rights can be granted to individuals based on these individual’s ‘sincerely held beliefs’ may an individual receive relief because of their affiliation with a religious group. No rights are afforded to religious ‘groups’ per se. A class certification (an acknowledgment that an individual Muslim who suffered discrimination did so for belonging to that class) may benefit the individual’s cause in a religious freedom case; yet religious groups don’t have rights as a group. In contrast, in Shaybānī’s world, even if the doctrines and practices of a group are abhorrent to Muslim beliefs (for example, incest, practiced by Shaybānī’s eighth-century Zoroastrians), the group’s religion is protected, and the individuals belonging to the religious group would be acknowledged in a manner unavailable to today’s American Muslim minority. Against that benefit, however, we will see that an individual’s freedom to move about from one religious group to another, while not an infrequent occurrence, was not celebrated (to say the least). And the jurist, who held a degree of power in shaping his society’s norms, had his limits.
format	article
author	Ahmad Atif Ahmad
author_facet	Ahmad Atif Ahmad
author_sort	Ahmad Atif Ahmad
title	Fifty-Seven Tracts: Shaybānī’s (d. 189/805) Aṣl/Mabsūṭ, Twelve Centuries On
title_short	Fifty-Seven Tracts: Shaybānī’s (d. 189/805) Aṣl/Mabsūṭ, Twelve Centuries On
title_full	Fifty-Seven Tracts: Shaybānī’s (d. 189/805) Aṣl/Mabsūṭ, Twelve Centuries On
title_fullStr	Fifty-Seven Tracts: Shaybānī’s (d. 189/805) Aṣl/Mabsūṭ, Twelve Centuries On
title_full_unstemmed	Fifty-Seven Tracts: Shaybānī’s (d. 189/805) Aṣl/Mabsūṭ, Twelve Centuries On
title_sort	fifty-seven tracts: shaybānī’s (d. 189/805) aṣl/mabsūṭ, twelve centuries on
publisher	International Institute of Islamic Thought
publishDate	2021
url	https://doaj.org/article/7d5d0b2e993f4d70a2f30b9838277bfe
work_keys_str_mv	AT ahmadatifahmad fiftyseventractsshaybanisd189805aslmabsuttwelvecenturieson
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Fifty-Seven Tracts: Shaybānī’s (d. 189/805) Aṣl/Mabsūṭ, Twelve Centuries On

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