Abd al-Rahman al-Awza'i

Al - ʿ ī Auza, ʿ Abd al- Rahmaan ibn ʿ Amr b. Yuhmid al - ʿ ī Auza, Arabic عبد الرحمان بن عمرو بن يحمد الأوزاعي, DMG ʿ Abd al-Rahman b. ʿ Amr b. Yuḥmid al - Auza ʿ ī (c. 707 in al - Auza ʿ - named after a settled there Yemeni tribe - in Damascus, † 774 in Beirut), was an eminent lawyer, whose law school before the consolidation of the four orthodox legal branches of Islam, the Hanafi, Maliki, Shafi ʿ ites and Hanbali arose and up to al- Andalus found distribution.

Life

He initially worked in al - Yamama, near Riyadh. But he spent most of his life in Damascus and in the Islamic garrison towns (Arabic: thughūr; ʿ awāṣim ); Muhammad ibn Sa ʿ d leads him in his " class book" among those scholars who have lived and taught in these forts. He is said to have compiled his teachings arranged according to chapters of jurisprudence ( Tasnif ). Until his death, he worked as a Mufti in Damascus and Beirut. He spent his life in Beirut; his grave in Hantus in Beirut is still a popular place of pilgrimage.

Works

His books called Ibn al - Nadim Kitaab as- Sunan fil - fiqh / كتاب السنن في الفقه / Kitāb fī ʾ l as- sunan - fiqh /, The Sunnah in jurisprudence ' and Kitaab al - Masā'il fil - fiqh / كتاب المسائل في الفقه / Kitaab al - Masa ʾ il fī ʾ l - fiqh /, the legal issues in jurisprudence '. They are preserved in excerpts only in the processing of subsequent generations: the Kitab al - Umm of al- Shafi ʿ ī, where the theories of al - ʿ ī Auza by his contemporaries, the Hanafi Abū Yūsuf, be refuted.

The original of his Kitaab al- Siyar in the tradition of his disciples said to have been known to the 17th century.

Another source that allows the reconstruction of his no longer present today works, the Kitab al- Siyar his student Abu Ishaaq al - Fazari ( † against 804), the al - Auza ʿ ī in his book on international legal matters ( siyar ) cited throughout. He appeared in Mopsuestia (Arabic: al - Maṣṣīṣa ) to the boundary markers of the Byzantine Empire, where employment with legal questions about jihad had current political relevance. In the edited part of this work the author gives a lecture about 80 legal issues that had answered his teacher to said subject. The work took place at al- Shafii so great credit that he dictated a legal treatise with a similar issue, which corresponded to the arrangement.

Other passages in al - ʿ ī Auza on issues of jihad and the jizya quoted at- Tabari through the mediation of Abu Ishaaq al - Fazari in his work on the controversial ( doctrines ) of the scholars. The Maliki scholar Ibn Sa ʿ Sahnūn of Kairouan īd († 854 ) engages in its Mudawwana on the doctrines of al - ʿ ī Auza back in the chapters on jihad.

His missive with legal directives to caliphs and their governors are preserved in the writings of Ibn Abī Haatim († 938 ).

The data obtained in the later works of law materials of al - ʿ ī Auza suggest that it is rooted in the tradition, in the Sunnah of the Prophet Mohammed and his successors until the Umayyad caliph Umar ibn Abd al - Aziz († 720). The Prophet's practice has absolute priority in his teaching, which he founded with a verse from the Koran:

" In the Messenger of God you guys have a nice example ... "

However, the application of the prophets Unna is not done by the hadith with the indication of isnads, but it is a known practice and "living tradition" among the Muslims understood to in its own time. One of his successors, therefore, described him as an expert in the law, but not an "authority for the traditional sayings of the Prophet " Muhammad. Thus, the doctrine of al - Auza ʿ ī can be understood as the representation of recognized under the late Umayyad legal practice from the early 8th century.

Effect

The legal doctrines of al - ʿ ī Auza have reached through the mediation of his students already in the late 8th century al -Andalus, where they have been gradually displaced by the Maliki school. His teachings on questions of international law and of foreigners have been informed by Syrian- Andalusian mediation, however, to the 12th century in Andalusia scholarly circles. In Muwatta ʾ commentary of the Maliki scholar Ibn ʿ Abd al - Barr ( † 1070) from Córdoba are over five hundred references to the doctrine of al - ʿ ī Auza receive. The survival of his law books with this topic has not been a literarhistorischer chance in Andalusian scholarly circles. Three legal writings with the jihad and siyar - topic from the Islamic East were known in the Arab boundary markers on the Iberian peninsula nearly the same time. They are - as far as dated - between the years 833 and 990 in Córdoba, Guadalajara (Arabic: al - Wādī Ḥiǧāra ) and Toledo have been widespread in the new copies. Because the Islamic legal definition of the status of non-Muslim population and the confrontation with their Christian neighbors - the later Reconquista - outside the Dar al -Islam belonged to everyday life, such as at the boundary marks to the Byzantine Empire.

Ibn ʿ Asaakir delivers in his city's history and scholarly biography of Damascus not only a 80 -page biography of al - Auza ʿ ī, but appear in the description of the Kadi - offices from Damascus, the representative of Syrian scholar, who were under the influence of the school of law of al - Auza ʿ ī.