rulers and qadis their relationship during the nasirid kingdom

Rulers and Qāḍīs: Their Relationship during the Naṣrid KingdomAuthor(s): M. Isabel Calero SecallReviewed work(s):Source: Islamic Law and Society, Vol. 7, No. 2, Islamic Law in Al-Andalus (2000), pp. 235-255Published by: BRILLStable URL: http://www.jstor.org/stable/3399401 .Accessed: 10/12/2011 18:10

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RULERS AND QADIS: THEIR RELATIONSHIP DURING THE NASRID KINGDOM

M. ISABEL CALERO SECALL

(Milaga University)

Abstract The relationship between rulers and judges during the Nasrid kingdom of Granada (629/1232 to 897/1492), based on the utmost respect for the Maliki school, can be analysed in two contexts: First, the legal framework, e.g., appointments and dismissals; second, the extralegal sphere, in which political relations played an important role, especially when a judge assumed non-legal tasks, such as diplomatic missions to Muslim countries. One of the unstated conditions of becoming a judge in Granada was loyalty to the sultans. The political elite used removal from office as a mechanism for control of the judiciary.

WHEN EXAMINING THE RELATIONSHIP between rulers and judges in Muslim societies, it is important to keep in mind that the distinction between the spiritual and the temporal, the political and the religious, has been rejected since the beginning of Islam and that the judiciary is above all an institution of a religious character. For that reason, the first aspect to highlight in the relationship between rulers and judges is the conflict of interest between these two powers. This tension is not treated in classical Islamic legal theory, not even as a historical anachronism (since no such dichotomy exists). The ruler exercises political and legal-but not legislative-powers, although he may participate in the interpretation of the law and is subject to it.1 In order to effectively perform these accumulated powers, the ruler has the power to delegate his prerogative of doing justice to judges, while pre- serving, in theory, the right to exercise this power himself. The qddi is, therefore, the ruler's delegate in the administration of justice. From the second century A. H. onwards there occurred a slight separation in the powers of the state. A general body of law came into existence, thereby giving the qddl a certain independence, since he was now responsible for applying the law.2 In this way, the concept of delegation, which

1 Ibn Taimiya, Al-Hisba fi l-Islam, ed. Sayyid b. Muhammad b. Abi Sa'dah (Kuwait, 1983), 15-17. L. Gardet argues that the practice of the judicial power in Islam blends with the practice of the legislative power, La cite musulmana. Vie sociale et religieuse (Paris, 1954), 136.

2 E. Tyan, Histoire de l'Organisation judiciaire en Pays d'Islam, 2 vols.

Islamic Law and Society 7,2 ? Brill, Leiden, 2000


slowly disappeared, led, in practice, to effective designation. However, the administration of justice was always under the ruler's control.

Whereas some qc.dls manifested signs of independence towards the political authority, most manifested an attitude of submission. It is this phenomenon that has motivated the present analysis of relations between judges, on the one hand, and sultans and wazirs, on the other, during the Nasrid kingdom of Granada.3 These relations fall into two spheres: First, a legal sphere, e.g., appointments and dimissals; and second, an extralegal sphere in which political relations played an important role, especially when the judge assumed non-legal tasks, such as the undertaking of a diplomatic mission.

The Nasrid kingdom emerged in the southeast of the Iberian Penin- sula when Almohad rule in al-Andalus came to an end in first half of the thirteenth century. Nasrid power extended over the territory of the current provinces of Granada, Malaga and Almeria, with the capital in Granada.4 Traditionally this history is divided into four periods. The first was a period of formation and consolidation, from 629/1232 to 708/1309. This period witnessed the uprising of the Banu Ashqilula, one of the lineages that had supported Muhammad I5 in the creation of the realm. Seeking support for their rule, the Nasrids Muhammad I, II and III appealed to the Banu Marin of the far Maghrib. However, the Maghribi intervention in the Iberian Peninsula created problems which occasionally led the Nasrids to become allied with the northern Christian kingdom to counteract Marinid influence. These events plagued the Nasrids until the middle of the fourteenth century.

The second period, from 708/1309 to 733/1333, was characterized by internal crisis, dynastic change and external pressure to gain control

(Paris, 1938), I, 149. On the relationship between rulers and jurists see P. Crone and M. Hinds, God's Caliph. Religious authority in the first centuries of Islam (Cambridge, 1986); see M. Fierro's review in Al-Qantara, VII (1986), 481-85; see also Muhammad Qasim Zaman, Religion and politics under the early 'Abbdsids. The emergence of the Proto-Sunni Elite (Leiden, 1997). 3 On the Maghrib and Ifriqiya during the same period, see R. Brunschvig, La Berberie orientale sous les Hafsides, 2 vols. (Paris, 1940-47) and D. S. Powers, "Kadijustiz or Qadi-justice? A Paternity Dispute from Fourteenth-Century Moroc- co", Islamic Law and Society, 1:3 (1994), 332-66, esp., 365-66; idem, "QQdis and Muftis in the Maliki West: ca. 1250-1500 II" paper presented at the Joseph Schacht Conference on Theory and Practice in Islamic Law, (Granada, December, 1997). 4 See R. Ari6, L'Espagne musulmane au temps des Nasrides (1232-1492) (Paris, 1973) (revised, Paris, 1990).

5 Also called Muhammad b. Yiisuf b. Nasr, Ibn al-Ahmar, the founder of the Nasrid dynasty. In 629/1232, after the Almohads had withdrawn from the Iberian Peninsula, Ibn al-Ahmar rebelled against Ibn Hud, governor of al-Andalus, and was proclaimed amir in Arjona (Jaen), his home town. In 634/1237, he entered Granada and made it the capital of the Nasrid kingdom.

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of the Strait of Gibraltar. The sultans Nasr, Ismi'll I and Muhammad IV ruled the kingdom successively.

During the third period, from 733/1333 to 793/1391, the kingdom of Granada achieved its greatest political, economic and cultural splendor under the rule of Yisuf I and Muhammad V. Political stability prevailed except for a three-year period (760-763/1359-1362) following the removal of Muhammad V, who eventually recovered the throne, after the reigns of Isma'il II and Muhammad IV.

The fourth and longest period (793-897/1391-1492) manifests the progressive decline and instability of the political power. Of twelve sultans who reigned, Muhammad IX ruled on five different occassions. Internal problems, bids for power supported by Granadan lineages, especially the Banf Sharraj, or Abencerrajes, and the Bannigash, or Venegas, the isolation of the kingdom, and the Castillian decision to put an end to the presence of the Islam in the Iberian Peninsula, all contributed to the disappearance of the Nasrid kingdom.

After the Almohad period, the Maliki school asserted itself strongly in the Nasrid kingdom, becoming a significant element of cohesion between the political power and the religious class, especially with the foundation of the Madrasa Yisufiyya in Granada, named after Yisuf I (750/1349). Before a Nasrid qddi could issue a hukm or judgment, he was required by Maliki doctrine to consult with a mufti or legal expert. But the jurists had to deal with new historical circumstances and conditions that characterized an Islam in retreat. This may explain why the period from the mid-eighth/fourteenth to the mid-ninth/fifteenth century was one of the most productive in the history of al-Andalus, in terms of legal opinions (fatwas), many of which were issued in support of political decisions.6

I. Relations within the Legal Sphere

The relation between the political and legal power in the Nasrid kingdom was based on respect for the Maliki madhhab. The institutionali- sation of the legal function within the kingdom was based upon the centralisation of the judicial administration, upon the dependence of the executive power, upon the appointments and dismissals, and upon the authority of the qddl who acted as an advisor. However, the Nasrid kings retained the right to administer justice themselves. Muhammad I

6 As was true of a fatwa issued by the chief qddi of Granada, Ibn al-Azraq, together with fourteen other jurists. See F. de la Granja, "Condena de Boabdil por los alfaquies de Granada", Al-Andalus, XXVI (1971), 145-76.

237


(629-671/1232-1273) used to hold an audience twice a week to deal with reported injustices (zuldmdt).7 In the fourteenth century, al-'Umari stated that audiences were granted by the Nasrid kings on Monday and Thursday mornings "in the courtroom of the Sabika in the Alhambra".8

The relationship between rulers and qddls is evident in the bay'a ceremony. Upon the accession of Muhammad IV (725-733/1325- 1333), for example, twenty-six Nasrid judges, including several qdlss al-jamd'a,9 attended the bay'a. Clearly, the presence of the judges accorded religious legitimacy to the ceremony.10

The q.di al-jamd'a in Granada occupied his office by designation of the king. However, unlike chief judges at other times and places in the Muslim world, he did not have the legal capacity to appoint other judges within the kingdom. At most, and through his proximity to the ruler, the judge might recommend appointments. However, the judge had the capacity to choose a replacement or a delegate (nd'ib) and to appoint minor magistrates at the court of justice. In some cases, he supervised the good operation of the judicial administration.11

The relative instability of the judge's role was linked to political factors.12 During long reigns, particularly those of Muhammad I, Yisuf I, and Muhammad V, there were numerous changes in legal organisation, and chief qi.dis were appointed and replaced frequently, according to the whims of the sultan. Muhammad I replaced the chief judge eight times. Most of his qddls had migrated to the Nasrid kingdom from other parts of al-Andalus and only two of them were

7 Ibn al-Khatib, al-Lamha al-badriyya fi l-dawla al-nasriyya, ed. Muhibb al- Din al-Khatib, 3rd ed. (Beirut, 1978), 4.

8 Masalik al-absdr, trans. M. Gaudefroy-Demonbynes, L'Afrique moins l'Esypte (Paris, 1927), 234. Sabika is the name of the hill in the Alhambra.

In al-Andalus since the Umayyad period, the chief judge was called qdid al- jamd'a, that is, judge of the mussulman community. On this expression, see E. Levi-Proven9al, Espana musulmana (711-1031), in Historia de Espaia, directed by R. Men6ndez Pidal, 2nd ed. (Madrid, 1965), V, 67-91.

10 Ibn al-Khatib, Kitdb A'mdl al-a'ldm, 2 vols., ed. E. Levi-Proven9al (Rabat, 1934, reprint., Beirut, 1956) vol. II, 299. On the bay'a as a factor of religious legitimacy in Morocco, see Muhammad 'Abid al-Jabiri, "El movimiento salafi y las organizaciones religiosas contempor,neas en Marruecos", Idearabia, 2 (Septem- ber, 1998), 5-21, esp. the introduction.

11 The strong central power of the Nasrid Kingdom did not allow judges to exercise political power as they had previously, in times of weakness. On this, see M. Fierro, "The qddl as ruler", Saber religioso y poder politico en el Islam, Actas del Simposio Internacional (Granada, 15-18 October 1991) (Madrid, 1994), 71-116 and M". L. Avila, "Cargos hereditarios en la Administraci6n judicial y religiosa de al-Andalus", in ibid., 27-37.

12 On the legal organisation of the Nasrid period, see R. Ari6, L'Espagne musulmane au temps des Nasrides, 277-79 (revised ed., 277-299 and XX-XXI).

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born in Granada. For this reason, the sultan would not have been fami- liar with them at the time of their appointment, and it is possible that

they did not fulfil his expectations. These changes in legal organisation during the second half of the thirteenth century are related to the

preoccupation with the consolidation of the new state. This consolidation was strengthened with Muhammad II al-Faqih.

In the fourteenth century, during the flourishing and stable period of Yuisuf I and Muhammad V, judges were considered as mere appoin- tees of the ruler. The sultan dominated and would appoint a new q.dd if the previous one did not adjust to the political situation; in most cases, the relationship between sultans and qddis was friendly and amicable.

Throughout the fifteenth century, the fast pace of political change shaped a new relationship between the executive and legal powers: the chief qddis were closer to their sultans, remained loyal to them in

periods of instability, faced similar risks, and formed a compact group with them, protecting and defending themselves against the opposition.

How did these relations affect appointments and dismissals?13

Due to the significance of their role, their proximity to power,14 and their direct relation with the sultan, the chief qddis figure prominently in the Arabic sources. These sources give less information on provincial qddis, who lived far from the court and needed to travel to Granada to see the sultan whenever they had to solve any problem related to their function or to their personal lives. For example, Ahmad b. Mas'ada, qdld in Malaga, sent his son and nd'ib, Fadl, to Granada to present a document to Muhammad I in which he made a series of claims and

pleaded with the sultan to appoint his son as qddi of Malaga.'5 Similarly Muhammad al-Tanjali, who was appointed qddi of Malaga

13 See my "La Justicia, los cadies y otros magistrados", El Reino Nazari de Granada (1232-1492), in Historia de Espana. R. Menendez Pidal, coord. by M. J. Viguera, VIII-III (in press). 14 This proximity was also physical. Some qadis resided inside the Alhambra, where they enjoyed the life of the court: For example, after his appointment by Yusuf I, Abu l-Barakat al-Balafiqi was offered one of the buildings of the sultans in the Alhambra; see Ibn al-Khatib, al-lhdta fi akhbCr Gharndta, ed. M. 'Inan, 4 vols. (Cairo, 1973-77), II, 146. Abu l-Qasim b. Siraj was given the qasr al-shaykh, one of the houses of the kings in the Alhambra; see Ibn 'Asim, Junnat al-ridd ft 1- taslim li-md qaddara Alldh wa-qadd, ed. Salah Jarrar, 3 vols. (Amman, 1989), I, 171.

15 Ibn al-Khatib, Ihdta, I, 165; M". I. Calero Secall, "Familias de cadies en el Reino Nazar', Actas del XVI Congreso de la UEAI (Salamanca, 1995), 74; M' I. Calero and V. Martinez, Mdlaga, ciudad de al-Andalus (Univ. Malaga, 1995), 157-58, 237, 416, 428, 431 and 432.

239


when the plague appeared in 750/1349, at first refused the position, but was forced to accept it in response to the pressure of his colleagues. In this way, al-Bunnihi states, "his colleagues did not admit the excuse he gave for his demise and they all offered him help as a condition". When the plague dissipated, al-Tanjali appealed to Yfsuf I, asking to be excused from his office. After listening to his claims,16 the sultan said that he was willing to give him anything except his resignation. He advised al-Tanjali to return to Malaga, where he was to reflect upon his desire to leave the qadiship, and then write to the sultan with his decision.17 Upon his return to Malaga, al-Tanjali wrote to the sultan confirming his desire to leave the office of qdl,, whereupon Yisuf I granted his petition.

The sultan exercised control over all the members of the legal administration, from the qd.d al-jamc'a to the most distant magistrate,18 and he had the power to revoke or terminate an appointment. The order of appointment of a q.df emanated directly from the political authority. The publication of the decree (zahir) made the appointment official. The consent of the appointed qc.di was not essential, only recommended, as the ruler could force the appointee to accept the position if there was no other candidate adequate for the qadiship.19 The dismissal of a qddl also required confirmation by the sultan as well as publication by the chancery (kitdba). The post was for life; even if a q.d;i decided to leave his office, he was still called "qdi"'. The reasons for appointment and dismissal might be legal (relating to the good or bad practise of the judge) or non-legal. What follows is a chronological account of the most significant cases.

16 On this and the previous quote from al-Bunnahi (= al-Nubahi), see Kitdb al- Marqaba al-'ulyd fi-man yastahiqq al-qadd wa-l-futya, ed. E. LUvi-Provenaal (Cairo, 1948), 155 and 157 and M'. I. Calero, "La peste en Malaga, segun el malaguefio al-Nubahi", Homaje al Prof. Jacinto Bosch Vild (Granada, 1991), 59 and 70. On the reading "al-Bunnahi" instead of al-Nubahi, see Muhammad. b. Sarifa, "Al-Bunnahi la al-Nubahi", Academia. Revue de l'Academie du Royaume du Maroc, 13 (Rabat, 1998) 71-89.

17 For cases of jurists who refused to occupy a public position in al-Andalus until the end of the caliphate of Cordoba, see M. Marin, "Inqibdd 'an al-sultdn: 'ulamCr' and political power in al-Andalus", Saber religioso y poder politico en el Islam, 127-39.

18 This control is reflected in the testimonies gathered by M. Arcas Campoy, "Noticias sobre el cadiazgo en los uiltimos ainos del reino nazari: La frontera entre Murcia y Granada", Revista del Centro de Estudios Hist6ricos de Granada y su Reino, 6:2 (1992), 203-10.

19 Al-Bunnahi, Marqaba, 10 and Ibn Farhun, Tabsirat al-hukkdm, 20 vols. (Cairo, 1301/1884), I, 11.

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RULERS AND QADIS

After first serving as secretary (kdtib) to the chief judge, Muhammad b. Adha, Muhammade b. Sa'id was later appointed as chief judge of the capital. In 659/1260, Muhammad I dismissed him on the grounds that he was unsuitable for the post. According to al-Bunnhi, "The weakness of his character and his kindness prevented him from reach-

ing the level of his predecessor and he was replaced ten months after his appointment".20

Fidelity was rewarded by the sultan. Ibn Hisham twice rejected the

post of qddi of Guadix offered by the Banf Ashqilila "unless it was offered by the amir al-muslimin himself, the sultan Abi 'Abd Allah [Muhammad II]". When the rebellion of the Banf Ashqilfla ended and the sultan seized the town, "he [Muhammad II] verified the merit of Ibn Hisham's action and his loyalty".21 He first appointed him judge of Almeria and then designated him q.ddf al-jama'a.

Ahmad b. Furkiin was dismissed for political reasons: he had been awarded the post of chief qddi of Granada by Muhammad III in 704/1304-05, shortly after the death of Ibn Hisham. The political situation in Granada at that time was unstable. After the signing of a

treaty between Castille and Aragon, alarm spread throughout the

population of Granada. The situation deteriorated, reaching its nadir with the murder of the wazir, Ibn Hakim on 'Id al-Fitr in 708/1309, at which time Muhammad III was forced to abdicate in favour of his brother, Nasr. The new sultan confirmed Ibn Furkun in his position as chief judge and he was the only qddi al-jamd'a during his reign. Ibn Furkfin's fidelity to Nasr caused him problems subsequently. In Shaw- wal 713/February 1314 Nasr was dethroned by Isma'il I and forced to leave Granada. Ibn Furkin reportedly uttered some favorable words about the dethroned king. Al-Bunnahi resports that "as a supporter of the dethroned king, certain events led him to inactivity".22 Ibn al-Khatib asserts that Ibn Furkun's generosity led him to remain loyal to the

20 Al-Bunnahi, Marqaba, 124-25; Ibn 'Abd al-Malik al-Marrikushi, al-Dhayl wa-l-takmila li-kitdbay al-mawsal wa-l-sila, ed. Ihsan 'Abbas, (Beirut, 1973),VI, 508, n?1304; Ibn al-Qadi, Durrat al-hijdl, ed. Muhammad al-Ahmadi Abu l-Nur, 3 vols. (Cairo-Tunis, 1970-71), II, 90-1, n?. 529.

21 Al-Bunnahi, Marqaba, 137-38; Ibn al-Khatib, Ihata, I, 149 and 560; Ibn Hajar al-'Asqalani, al-Durar al-Kdmina, ed. Muhammad Sayyid Jad al-Haqq, 5 vols. (Cairo, 1966), V, 512, n? 1991. Another judge who was affected by the rebellion of this family was Abf 1I-Hasan al-Judhami al-Bunnahi, who was forced to vacate the qa.diship of Malaga due to pressure exerted by the Ashqilfla; see al- Bunnahi, Marqaba, 128-29; M'. I. Calero, "Dinastia de cadies en la Malaga nazarf', Jdbega, 55 (1987), 8.

22 Al-Bunnahi, Marqaba, 138.

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dethroned sultan. During this period "he was the object of gossip spread by his envious enemies, he was dismissed and had to stay for some time outside courts (al-find') with no title or occupation".23 He remained inactive for ten years, until 723/1323, when Isma'il I reviewed his case and changed his mind, appointing him judge of Almeria.24 He exercised his new position until 729/1327-28, when he was again dismissed due to his age (he was more than eighty years old). He died a few months later.25

It is difficult to determine the reasons for the dismissal of Abfi 1- Qasim al-Sharif al-Hasani.26 His reputation in Malaga as a fair man and good administrator of the law was known to Yisuf I, who had

appointed him qddi al-jamd'a in Rabi' I 743/August-September 1342. The relationship between the two men deteriorated over time. The Nasrid sultan first tried to find a substitute for Abfi l-Qsim, without success. Four years later he dismissed him, but after three years had to reinstate him as judge, a position that Abfi l-Qasim held until his death. In the Junnat al-ridd,27 Ibn 'Asim mentions the attempt to replace him, on the basis of what he had heard from Abi l-'Abbas Ahmad b. Abi 1- Qasim al-Sharif. Yusuf I intended to replace his qddi al-jamd'a with a wise man, but did not specify who, perhaps Abui l-Barakat al-Balafiqi, who alternated in the qadiship with al-Sharif al-Hasani. Yisuf I ordered the chief secretary (ra'is al-kuttdb), Ibn al-Jayyab,28 to write a document appointing his substitute. But Yisuf I's intentions were known to a chancellery kdtib who had been badly offended when the

judge al-Sharif had rejected his testimony in a trial on the ground of lack of integrity ('addla). Convinced that the matter had been decided, this kdtib presented himself in the High Mosque where the judge held his court (majlis). He informed the q.di that he would be dismissed, his

23 Ibn al-Khatib, Ihata I, 153-57 (quote at 155). See F. N. Velazquez Basanta, "Retrato jatibiano del poeta y "qiadi al-?ama'a" de Granada Abfi 'ta'far Ahmad ibn Furkin (El Abuelo)", Revista del Centro de Estudios Hist6ricos de Granada y su Reino, 5:2 (1991), 47-54. For biographical details, see al-Bunnahi, Marqaba, 138- 39; Ibn al-Khatib, Lamha, 51 and 58; idem, al-Katiba al-kdmina, ed. IhsIn 'Abbas (Beirut, 1983), 101-03, n?. 31; Ibn al-Qadi, Durrat al-hijdl, I, 41-42, n?. 48; Ahmad Baba al-Tunbukti, Nayl al-ibtihdj, on the margin of Ibn Farhun, Dibdj (Cairo, 1911), 64-65.

24 Ahmad Baba al-Tunbukti, Nayl al-ibtihdj, 65. 25 Ibn al-Qadi, Durrat al-hijal, I, 42. 26 On this judge and his family, M'. I. Calero, "Una familia ceuti en la

Granada de los siglos XIV y XV: Los banf 1-gharif al-Hasani", Al-Qantara, VII (1966), 85-105.

27 Junna, I, 173-75. 28 On this secretary, I refer to MW. J. Rubiera, Ibn al-tayydb, el otro poeta de la

Alhambra (Granada, 1982).

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motive being "to feel happy for others' grief and to get revenge".29 Recognizing the secretary's intention and the damage he wanted to do, the qddl ordered his assistants to arrest him, and applied the punishment for making public a secret of the sultan (ndla-hu bi-dhunab min

al-'uquba wa-l-ishdda 'alay-hi hddhd jazc'u man kharraja sirr al-

sultan).30 When the sultan learned of this, he became enraged against the kdtib, "revealer of his secret", and he dismissed him. The sultan

changed his mind and confirmed al-Sharif as judge until his death.31 The Junnat al-ridd concludes with a conversation between Abf 1-

Qasim al-Sharif and the khatib, Abi 'All al-Qurashi,32 who supported the punished kdtib. Al-Sharif said to his counterpart: "On what

grounds was I dismissed? The person who revealed my dismissal is, in

my opinion, a prevaricator; his information cannot be accepted until it is proven to be valid and he has caused damage to the person who had been rightly appointed".33

The sultan's volte-face no doubt was due more to his irritation at the revelation of his secret (sirr) by a private secretary (kdtib al-sirr) than to a liking for his qddi.. Dismissal was not long in coming: it occurred in Sha'ban 747/November 1346, four years after al-Sharif's appointment. Al-Bunnahi assures us that there was no reason for the dismissal.34 Ibn al-Khatib tries to justify the judge's action, suggesting that "there were money matters, whose situation was not known, which were used to negotiate the conditions of the judgment".35

Abfi l-Qasim al-Sharif returned to the qadiship two years later, in 749/1348, when Yisuf I reappointed him qddl al-jamd'a. He was

29 Junna, I, 173. 30 The punishment is not specified; see ibid., I, 174. 31 Ibid., I, 174. We know, however, that it did not happen this way. Al-Sharif

did not retain his position uninterruptedly until his death. Before he died, he was removed once from his post and subsequently re-appointed.

32 Abf 'All 'Umar b. 'Ali b. 'Atiq b. Ahmad al-Qurashi, preacher in the High Mosque of Granada for thirty-two years. He died in 744/1344; see Ibn al-Khatib, al-Kattba al-Kamina, 51-2, n?. 9 and Ahmad Baba al-Tunbukti, Nayl al-ibtihaj, 195.

33 Junna, I, 174-75. 34 Marqaba, 172. Al-Bunnahi states that "his situation was as if the moon was

hidden during the full moon and caught him by the borderlines". He then mentions similar actions by the caliph 'Umar, who dismissed Ziyad b. Abi Sufyan for no apparent reason and told him: "I detest having to put up with the superiority of your intelligence over people". When 'Umar dismissed Sharahbil b. Hasan, the latter told him: "Are you by any chance removing me from office because you are angry with me? 'Umar answered: "No, but I have found someone who is equal to you in terms of justice and is a better worker". The examples given by al-Bunnahi may point to Yusuf I's reasons for dismissing al-Sharif.

5Ibn al-Khatib, Ihata, IV, 321.

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present at the murder of the sultan in the Mosque of Granada in 755/1354. The new sultan, Muhammad V, gave him the post of chief judge, which he held until his death in 760/1359.

Another qddi al-jamd'a who was appointed and dismissed several times was Abii 1-Barakat al-Balafiqi, who alternated in the post of chief judge with Abfi l-Qsim al-Sharif. Yisuf I appointed him in place of al-Sharif in 747/1346 and made him the supervisor of the legal administration. He apparently carried out significant transformations at all levels, but his excessive strictness led to his dismissal in 749/1349.36 This was probably due to pressure from within the legal organisation from persons who opposed these changes. His replacement was Abf 1- Qasim al-Sharif. When the latter died in Sha'ban 760/July 1359, Muhammad V offered the office of chief qddi to Abu l-Barakat al- Balafiqi, who held the post for only one month, until Ramadan/August when the sultan was dethroned. Muhammad V went into exile, but Abui l-Barakat stayed in Granada. The new sultan, Isma'il II, dismissed him, but his successor, Muhammad VI, appointed Abi 1-Barakat qadi al- jamd'a in place of Ibn Salmin. Abfi l-Barakat's friends were shaken by the news of his acceptance of the post from a sultan whom they hated. Ibn al-Khatib mentions this episode in brief, lamenting that the vanities of this world make people accept such things.37 During his tenure as judge, Abu 1-Barakat visited Fez in 762/1360-61, at the invitation of the Marinid sultan, Abi Sa'id, who wanted to study with him (li-l-akhdh 'an-hu)-although this may not have been the true reason for his trip (the dethroned sultan, Muhammad V, and Ibn al- Khatib, who had criticised his acceptance of the qadiship, were in the Maghrib at that time).38

Isma'il II appointed Ahmad b. Juzayy al-Kalbi to succeed Abii 1- Barakat. A few days after his appointment, al-Kalbi was removed from his post when a group of jurists (fuqahi') established that he was in fact an opponent of Isma'il II, who had usurped the sultanate. His

loyalty to the dethroned sultan, Muhammad V, was subsequently rewarded: he was the first judge of the capital to be appointed by Muhammad V shortly after he recovered the throne.39

36 Ibn al-Khatib, Ihata, II, 146-47. 37 Ibn al-Khatib, Ilhata, I, 529 and Nufadat al-jircb fi 'uldlat al-ightircib, ed.

A. M. al-'Abbadi and 'AAA. al-Ahwani, 3 vols. (Cairo, n.d.), I, 113. 38 Ibn Khaldin, al-Ta'rif (Beirut- Cairo, 1979), 336; Le voyage d'occident et

d'orient, trans. Abdsselam Cheddadi (Paris, 1980), 182. 39 On Ibn Juzayy see Ibn al-Khatib, Ihata, I, 157-62; al-Katiba al-kdmina, 138-

43 and Lamha, 116-18; see alsp F. Velazquez Basanta, "Retrato jatibiano de Abu Bakr Abu aC'far Ahmad ibn Yuzayy, otro poeta y qddi al-yama'a de Granada,

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RULERS AND QADIS

Ibn Salmfn had been Isma'il II's judge, but was dismissed by Muhammad VI. Despite his knowledge of the law, he was never again called upon to exercise the post. The reason for this was his connection to Ismai'l II, the sultan who had dethroned Muhammad V, as Ibn al- Khatib explains in the Ihdta.40

In the fifteenth century, a remarkable but little known case is that of Ibn Siraj, qddl al-jamd'a of Muhammad IX al-Aysar in the year 829/1426.41 During his tenure of office, he found himself implicated in

political changes that had occurred in Granada. In the year 835/1431 a rebellion against Muhammad al-Aysar brought Yfsuf b. al-Mawl to the throne.42 Al-Aysar felt compelled to leave Granada and find shelter in Malaga. An anecdote transmitted by Ibn 'Asim43 mentions a con-

spiracy to remove Ibn Siraj, hatched by a group of supporters of the rebel al-Mawl. They resented Ibn Siraj for an unspecified reason that was related, however, to his loyalty to the dethroned sultan. They proposed to replace him with the jurist Abi Ja'far al-'Uraybi. The kCitib of the diwdn al-sultdniyya, Abi Yah ya b. 'Asim, was asked to prepare the decree of investiture (zahir). When Ibn Siraj learned about this plot, he asked Ibn 'Asim to meet him in the High Mosque of the Alhambra at the time of the midday prayer (zuhr). Ibn 'Asim was afraid of being seen with Ibn Siraj, for he suspected that Ibn Siraj knew about his blood relation with one of the rebels and would try to convince him, as a kdtib, to stop the dismissal. On his way to the meeting, Ibn 'Asim

improvised a few lines of poetry to read in case his fears proved to be true. When they met, however, Ibn Siraj did not ask any questions, presumably to avoid compromising Ibn 'Asim 's position, knowing that

Anales de la Universidad de Cddiz, IX-X (1992-93), 39-51. 40 Ibn al-Khatib, Ihdta, IV, 309-10 and I, 403 (biography of Isma'il II); see

Lamha, 116. Ma. I. Calero, "El juez delegado (nd'ib) del cadi en el reino nazari de Granada", Andalucia Isldmica. Textos y Estudios, 175-80; P. Cano, "Abi 1-Qasim Ibn Salmun. Notario, cadi supremo de Granada y maestro de Ibn al-Jatib", Revista del Centro de Estudios Hist6ricos de Granada y su Reino, 2:2 (1988), 11-37.

41 Junna, I, 171-72. On Ibn Siraj, see Ma. I. Calero, "Una aproximaci6n al estudio de las fatwas granadinas: los temas de las fatwas de Ibn Siray en los Nawdzil de Ibn Tarkat", Homenaje al Prof. Darto Cabanelas Rodriguez, O.F.M., con motivo de su LXX aniversario, 2 vols. (Granada, 1987), I, 189-202. On his fatwas, see M. Fadel, "Rules, Judicial Discretion and the Rule of Law in Nasrid Granada: An Analysis of al-Hadtqa al-mustaqilla al-nadra ft l-fatdwd al-sadira 'an 'ulama' al-hadra", in Islamic Law. Theory and Practice, ed. R. Gleave (London, 1997), 49-86. On Muhammad IX, see note 74.

42 About this rebellion, see M. Charouti Hasnaoui, "Nuevos datos sobre los uiltimos nasries extraidos de una fuente Arabe: tunnat al-ridd de Ibn 'Asim", Al- Qantara, XIV (1993), 469-77.

43 Junna, I, 24, 55 and 171-72.

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he knew perfectly well what he wanted. When Muhammad IX regained the throne a few months later, Ibn Siraj was given his post as a reward for his loyalty and a sign of trust.

Attitudes of judges towards the executive power

Islamic legal doctrine stipulates a series of qualifications that qddls must possess.44 Apart from the compulsory requirements, judges need to have certain other qualities to reach the desirable degree of per- fection.45 The biographers highlight these qualities, which appear so frequently that they seem mere stereotypes. Among the most common are "to be tough towards the strong and powerful, and benevolent with the weak". Only a few anecdotes in the biographies of the qdCdls refer to a tough attitude with respect to the sultan. One of the most interesting is that of Muhammad b. 'Iyad al-Yahsubi, fourth qddi al-jamd'a of Muhammad I, who is portrayed by Ibn al-Khatib46 as a person who "had patience with the weak and was tough with the people of rank and power [...] He tried to be close to the most insignificant of his disciples, treating them kindly and caring for them". To illustrate this statement Ibn al-Khatib relates some anecdotes that highlight the independence of this judge vis-a-vis the sultan. These anecdotes reflect the judge's resistance to any interference in his decisions. Ibn al-Khatib states:

When Ibn al-Jayyab talked about how firmly he behaved with the sultan who had appointed him, even though he was very intimidating and authoritarian, he mentioned facts that showed his decisiveness. One of these cases was the following: The sultan ordered the release of a prisoner who the judge had imprisoned. But the qddi, in the presence of the sultan, ordered the jailer to keep him in prison and threatened him if he freed him. Another example relates to the announcement of the beginning of the Feast (al-'Id) for the end of the day, while the sultan expected the parade (buraz) of the Feast for the next morning. [The judge] descended from the fortress shouting: "'Abd Allah, fortunate you are, tell everyone that the Feast is today! Tell everyone today it's his celebration!"

44 See the essay by A. Carmona in this issue of ILS; and E. Tyan, Histoire de l'organisation judiciaire, I, 229-62.

4 See A. Carmona, "Los addb al-quddt o normas de conducta del juez isltmico", Homenaje al profesor Juan Torres Fontes (Murcia, 1987), 235-43.

46 Ibn al-Khatib, Ihdta, II, 226-29; Ibn al-Zubayr, Silat al-Sila, manuscript of the Arab League, 13-14; Ibn Farhin, Dibdj, II, 266-67. MW. I. Calero, "Cadies supremos de la Granada nasri", 137 and note 16.

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During his tenure as qddl of Malaga, Muhammad b. Yahya b. Bakr al-Ash'ari, known as Ibn Bakr, showed many signs of a rigorous character.47 His firmness and strictness caused indignation amongst the most important people, who directed envious criticisms against him and held him accountable for certain things. Eventually, he was forced to leave the town and move to Granada.48 He was appointed qddl al-

jamd'a by Muhammad IV and on the latter's death his position was confirmed by Yfisuf I. Once again, he showed his strong character and decisiveness. He "made public the fraud created by the 'udul, whereby there were more than thirty false witnesses giving their testimony; he wanted to be objective and fair; he got to the end of the matter and faced opposing opinions, not worried about rumours ... His amir invited him to accept some of the 'udul who had enraged him in the

legal administration. However, he did not listen to the suggestion of the amir, who had to accept Ibn Bakr's point of view, that is, he respected his opinion".49

One of Ibn Bakr's most celebrated qualities, according to al- Bunnahi, was his loyalty to his friends.50 On one occasion, Ibn Bakr advocated the cause of a relative of his who had been given the office of tax collection (ddr al-ishrdf) in the capital. His relative had been accused of not being careful with money collected from taxes (mdl al-

jibdya). Convinced of his relative's innocence, Ibn Bakr wrote a letter to Yusuf I in which he asked for his forgiveness and, in a show of firmness, he reminded the sultan of his responsibility for the operation of the legal administration. The response of Yisuf I to his claim was favourable and quick, arriving before the day was over.

On certain occasions, severity caused problems for a qatd, as

happened to Ibn Bakr in Malaga. Severity also created problems for Abi l-Barakat al-Balafiqi, resulting in his dismissal. Something similar occurred to Abi Bakr b. Mas'ud, whose severity created hatred and

controversy among the people of Granada.51

47 Al-Bunnahi, Marqaba, 141-47; Ibn al-Khatib, Ihata, II, 176-80; Lamha, 82 and 91; Durrat al-hijal, II, 119-220, n?. 567; Durar al-Kamina, V, 55, n?. 4662; Nayl al-ibtihdj, 237-38; M. Makhlif, Shajarat al-nur (Cairo, 1931), 213-14, n?. 748; al-Maqqari, Nafh al-tib, ed. Ihsan 'Abbis, 8 vols. (Beirut, 1968), V, 385-87; C. Brockelman, Geschichte der Arabischer Litteratur (Leiden, 2nd ed. 1943-49), I, 260.

48 Marqaba, 142. 49 Ibid., 142. About this case, see Abdelmagid Turki, "Lisan al-Din Ibn al-

Hatib (713-76/133-74), juriste d'apres son oeuvre inedite: Mutla al-tariqa f damm al-watiqa, Arabica, XVI (1969), 177 and 301.

50 Ibid., 143. 51 Ibid., 140.

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Most judges used to express their views indirectly, generally by the

way they acted. Al-Bunnahi offers a good example of this in connection with truces between Granada and Castille which exceeded the time limit recommended by Miliki doctrine. The truces began on the death of Alfonso XI in Gibraltar in 751/1350 and were still binding in 784/ 1383. Al-Bunnahi cites a hadlth to criticize the policy of the Nasrid sultans' peace treaties. However, he expressed it in an ambiguous way so as not to compromise himself, leading to misinterpretation. Realizing that the Maliki prescriptions regarding time limits had not been fulfilled, he expressly approved of a peace necessary for the survival of Granada.52

Finally, we cannot forget the role played by the judges of Granada, headed by the qddi al-jamd'a, Ibn al-Azraq,53 in the issuance of the famous fatwd condemning Boabdil in 1483. This event involved

making a political choice and opting between two sultans, Abfi 1-Hasan and Boabdil.54

Qadis and wazirs

Chief judges needed to establish relations with other political figures, especially wazirs. The most representative cases are Ibn Mas'ud and al-Bunnahi.

Ibn Mas'uid collaborated with the ministry (wizara), based on his blood relationship with the vizier, who was his brother. The Banfu Mas'ufd occupied the functions of judge and minister during the

governments of Isma'il I and Muhammad IV.55 During the minority of the latter, the ministers acted as regents until the sultan was capable of

taking charge of the government. One of the regent ministers was Abui l-Hasan b. Mas'ud, the first of five members of the family mentioned

52 Marqaba, 155-56; cf. M". I. Calero, "La peste en Malaga, seguin el malaguefno al-Nubahi", 57-71.

53 Nafh al-tib, II, 699-704; Azhdr al-riydd, 5 vols. (Cairo, 1939-1942), I, 71, II, 317-19; Nayl al-ibtihdj, 324; Durrat al-hijal, II, 297; Shajarat al-nur, 261-62, n?. 960; Mu'jdm al-mu'allifin, VI, 33; al-A'lim, VII, 181; al-Sakhkhawi, al-Daw' al-dlmi' (Beirut, n.d.) IX, 20-21; E. Sanchez, "Ibn al-Azraq: Urfuza sobre ciertas preferencias gastron6micas de los granadinos", Andalucia Isldmica. Textos y Estudios, I (1980), 140-62.

54 F. de la Granja, "Condena de Boabdil por los alfaquies de Granada", 152. Three of the fourteen signatories were qddis, 155, 156 and 159.

55 About this family see M'. I. Calero, "Familias de cadies en el Reino Nazari", 73-88. The number of qddi families, more than twenty, indicates the social power of these groups. The 'ulama', in general, and the qddis, in particular, formed a very cohesive social class that tried to retain its position over time, becoming a kind of oligarchy.

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RULERS AND QADIS

by Ibn al-Khatib. The judge, Yahya b. Mas'ud, received from his brother, the minister, "great support in relation to the fulfillment of convictions and to face the harshest attacks of the people".56 The same Abfi 1-Hasan had difficulty attaining the rank of minister, and his enemies did not cease to attack him. He was wounded when Isma'il I was murdered.57

As for Abu 1-Hasan al-Bunnahi, qddi al-jama'a, his relations with Ibn al-Khatib, wazir of Muhammad V, were most cordial and for almost ten years they shared the management of affairs of Granada, each in his respective sphere, in perfect harmony.58 In the year 773/1371 an event, which is not clear even today, forced the wazir to flee to the Maghrib. Ibn al-Khatib took the opportunity to flee from Granada and cross the Straight of Gibraltar to inspect the western frontier. This marked the beginning of a wave of attacks against the old wazir in Granada. A succession of hidden feelings started to

emerge: envy, resentment and ambition. Any fault committed by the

fugitive was analysed and exaggerated until it became a sin. Reluctant at first to listen to the lies, the sultan eventually became predisposed against Ibn al-Khatib. One of wazir's major detractors was al- Bunnahi, the judge. Muhammad V put him in charge of the open indictment against Ibn al-Khatib, so that he became the catalyst of the official point of view. His investigation focused on religious matters. Al-Bunnahi reviewed all the work of the great polygraph, Ibn al- Khatib, and considered it very damaging and of low quality. Al- Bunnahi finished by accusing his former friend of heresy (zandaqa), focusing especially on Ibn al-Khatib's work Rawdat al-ta'rHf bi-l-hubb

al-sharf.59 Al-Bunnahi ordered that Ibn al-Khatib's books be burned

56 Marqaba, 140. 57 On the judge, see Marqaba, 139-40; Durar al-kamina, V, 203-04, n?. 5048;

on the vizier, see Ibn al-Khatib, Ihdta, I, 380 and 537; Lamha, 66 and 81. In Marqaba, 140, it is said that Ibn Mas'fid was the wazir al-dawla al-lsm'liliyya wa-'amid al-balada.

58 Ibn al-Khatib was chief secretary of Yfsuf I, who promoted him to the post of wazir with the title of dha l-wizaratdyn, i.e. wazir of both the pen and the sword. He continued in the same post during the reign of Muhammad V, who he accompanied into exile in Morocco. He was a brilliant writer. His works offer important information about political life in Granada; the biographies he includes add interesting news about the relationship between rulers and qddis. On relations between al-Bunnahi and Ibn al-Khatib, see M'. I. Calero, "Los Banu 1-Hasan al- Bunnahi: una familia de juristas malaguefios (ss.X-XV), Estudios Arabes. Dedicados a D. Luis Seco de Lucena (Granada, 1999), 53-76.

59 On this work, see E. de Santiago, "Sobre las fechas de redacci6n del 'Kitib al-Rawdat al-ta'rif bi-l-hubb al-sarif y su ultimaci6n del 'Kitdb al-Ihdta, de Ibn al-Jatib", Cuadernos de Historia del Islam, 8 (Granada, 1977), 161-64; idem, "Jatibiana Mystica: 'Kitab al-Rawdat al-ta'rif bi-l-hubb al-sarif. Su tem,tica",

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and declared him to be a kafir. These events took place in the middle of the year 773/1371. A few months later, al-Bunnahi wrote a letter to Ibn al-Khatib, dated Jumada I/November of the same year,60 in which he listed the accusations against him, which can be summarised as follows: subjectiveness in some biographies in his Ihd.ta, disloyalty to the sultan, and taking advantage of his position to benefit himself. As a

postscript, he added an attack on his family, questioning his nobility and labelling him an intruder in politics.

Stung by the letter, Ibn al-Khatib took his revenge by composing a new biography of al-Bunnahi that he included in his al-Katiba al- kdmina.61 He ridiculed him harshly, not only mocking his physical appearance and his family, but also questioning his knowledge and behavior as a judge. He included many curious anecdotes, one of them

relating to the judge's nickname: ja'asis or midget.62 Not satisfied, Ibn al-Khatib dedicated to al-Bunnihi an epistle entitled Khal' al-rasanfi wa.sfal-qadi Aba l-Hasan which, unfortunately, has not survived. Al- Bunnahi continued to work actively for the condemnation and execution of the wazir. It was with this purpose in mind that he went to Fez on the order of the Nasrid sultan to obtain from the Marinid, 'Abd al-'Aziz, extradition of the Granadan minister (see below).

II. Relations in the Extralegal Framework

One of the unstated qualifications necessary to become a judge in Granada was loyalty to the sultan. The rulers used to send judges on

diplomatic missions to Muslim countries, but never to the Christian

Andalucta Isldmica. Textos y Estudios, I (1980), 105-21; and idem, "Un texto asc6tico-moral de Ibn al-Jatib", Awraq, III (1980), 44-51.

60 Nafh al-tib, V, 122-31. 61 146-52, n? 50. 62 In the preface to the Marqaba, VIII, E. Levi-Proven9al explains that this

nickname was given to al-Bunnahi because of his short stature. However, the anecdote related by Ibn al-Khatib uses the word ja'asasa in the sense of "to be obscene" or "to have prickling conversations." The anecdote is as follows:

A remarkable person heard him say: "You censor me because I often use the word ja'asus as if it were not an Arabic word. However, this word appears in the Qur'an". We responded: "As to the Arabic origin of the word, you may be right, but we have no knowledge of it being a word of the Sacred Qur'an". He laughed and replied: "The Lord be praised! Check it". To which we answered: "For God's sake we don't know it!" And he added: "But God- praised be he-says: Do not say obscenities (ld taj'sasa)! Do not talk bad things about each other!" We replied: "For God's sake, He never said so. He only said: Do not spy on each other (la tajsasa)! Do not talk bad things about each other!" (Sara 49,12). He answered after recovering: "Oh faqih, memory is weak!"

See al-Katlba al-kdmina, 148-49.

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RULERS AND QADlIS

kingdoms, probably because judges were regarded as religious officials.63

These extralegal activities were common at all times. On many occasions, qddi-diplomats established cultural and scientific contacts with distinguished masters. They had two objectives: to obtain aid from

Maghribi governments; and to represent the sultan in official acts at the Marinid court.

1. Missions of judges seeking aid for the defense of Granada

There is little evidence of any diplomatic activity carried out by judges during the rule of the first five Nasrid sultans. The one exception was the qddi al-jamd'a Abfi l-Qasim b. Rabi' al-Ash'ari,64 who wrote to the

Maghribi tribes on behalf of Muhammad I, requesting that they intervene in the jihdd against the Christians. This sultan continuously sought the support and alliance of the Marinids. As a result of his efforts, 3,000 Maghribi warriors entered the peninsula in 662/1264 to

help the Nasrids.65 The first Nasrid qddi to be given such a mission was Yahya b.

Mas'uid al-Muharibi in the first quarter of the fourteenth century. The offensive launched by Alfonso XI in 727/1327, a time of internal dissension in Granada, prompted Muhammad IV to seek the assist- ance of the Marinid sultan, Abu Sa'id 'Uthman: he sent Ibn Mas'uid with a delegation to Fez. However, it is possible that this mission was not ordered by the sultan, who was a minor at the time, but by the

regent vizier, Abu 1-Hasan, who was the judge's brother. However, Ibn Mas'id died in Sale, shortly after his arrival, on 7 Dhfi -qa'da 727/28 November 1227. The call for help, which had been opposed by the Bani Abi 'Ula, provoked the arrival of Marinid forces in Granada between 727/1327 and 728/1328. This also caused an alert in Castille and Aragon, where Christian military forces approached the border

fearing an invasion.

63 About diplomatic missions entrusted to preachers, see M'. J. Viguera, "Los predicadores de la corte", Saber religioso y poder politico en el Islam, 319-32.

64 On 'Abd Allah b. Yahya b. Rabi al-Ash'ari, judge of Muhammad I and Muhammad II, see Ibn al-Khatib, Ihdta, III, 417-18; Lamha, 33; Marqaba, 115; M" I. Calero, "Cadies supremos de la Granada nasri", 137 and note 13; "Dinastia de cadies", 11.

65 Ibn Abi Zar', Rawd al-Qirtds, trans. A. Huici Miranda (2nd ed., Valencia, 1964), II, 575, observes that this was the first North African expedition to arrive in al-Andalus with this objective.

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The second qddi-diplomat was Abiu -Barakat al-Balafiqi. Ibn Khaldin states that Abuf 1-Barakat arrived in Fez in 756/1355 on a mission from the sultan of al-Andalus to the sultan of the Maghrib. Ibn Khaldfin adds that he himself had the opportunity to attend the session

(majlis) of the Nasrid judge at the al-Qarawiyyin mosque, and that he obtained ijdzas to transmit his works.66

The third judge's legation was in 767/1365. During his second rule, Muhammad V sent his qddi al-jami'a, Abf 1-Hasan al-Bunnahi, as ambassador to Fez. Although the specific reasons for the mission are not known, there was intense diplomatic activity between Granada and Fez at that time. The Nasrid sultan feared, with good reason, the formation of a crusade against his kingdom. Although he did not have the support of Pedro I, he declared a jihad when he received help from the Marinids, probably as a result of his judge's mission.

The last ambassador qddi about whom we have information was the Malagan Muhammad b. 'All b. Muhammad al-Ashabi, better known as Ibn al-Azraq. He was qddi al-jamd'a of sultan Abfi 1-Hasan 'Ali, the Muley Hacen of the Castillian chronicles, and of Muhammad b. Sa'd the Zagal, with whom he collaborated closely. After the loss of

Velez-Malaga in 893/1487, the Zagal had to flee to Granada (he retired in Almeria), and he sent Ibn al-Azraq to North Africa to obtain aid. With the express goal of meeting the Hafsid sultan, Abfi 'Amr 'Uthman, in Tunis, he traveled by way of Fez and Tlemcen, but by the time he reached his destination, the Hafsid sultan had died. Information in the Arabic sources relating to his subsequent activities is confusing. According to some, he decided to return to al-Andalus; according to others, he continued on to Egypt. It is possible that he went back to al- Andalus, leaving the peninsula for good with the Zagal in the year 896/1490, following the capitulation of Baza,67 at which time he started his trip to Egypt to ask for help from the Mamlufk sultan, Qa'itbay. Al- Maqqari explains the results of this mission in graphic terms: "It was like asking for eggs from the phoenix, or looking for a pregnant

66 Tar'if, 336 and Le voyage d'occident et d'orient, 182. 67 The fraticidal wars between Boabdil (supported by Castille) and his uncle,

Muhammad b. Sa'd the Zagal, ended with the capitulation of Baza and the handing over of Almeria and Guadix to Catholics Kings. The Zagal had to flee to Oran with his followers. See the anonymous chronicle, Nubdhat al-'asr fi akhbdr muluk Ban! Nasr aw tasllm Gharndta wa-nuzal al-Andalusiyyin ild l-Maghrib, ed. A. Bustani and Spanish trans. by C. Quir6s, Fragmentos de la epoca sobre noticias de los Reyes nazaritas o capitulaciones de Granada y emigracidn de los andaluces a Marruecos (Larache, 1940), 34.

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horse".68 Due to his failure, Ibn al-Azraq decided to perform the

pilgrimage. He stopped in Medina for four months and in Mecca for ten days. Unable to forget his initial objective, however he returned to

Egypt to ask Qa'itbay once again for help. In an effort to get rid of him and his pretensions, the Mamlik sultan appointed him qcddl al-jamd'a of Jerusalem.

The sultans of Granada also entrusted missions to prestigious provincial judges, like the Banf al-Zayyat, father and son, judges of Velez

Malaga in the fourteenth century.69 Similary Ibrihim al-Numayri, famous poet, judge of Iqlim near the capital, was sent by Muhammad V to the Hafsid and Marinid courts. As he was travelling from Almeria to North Africa to meet with Ahmad b. Misa b. Yahmurasin, founder of the Banf 'Abd al-Wad dynasty, Christians seized the ship on which he was travelling. Muhammad V had to pay a high sum for his

redemption.70

2. Missions of mediation or guarantee and of representation

In 757/1356 Muhammad V sent his chief-judge, Abfi 1-Qasim al-Sharif al-Hasani, to Fez, together with Abfi 1-Barakat al-Balafiqi, then judge of Almeria.71 Their mission was to guarantee the security of the Fasi

judge, Abu 'Abd Allah al-Maqqari, who had been stripped of his post by the Marinid sultan, Abi 'Inan, and sent on a mission to Granada.

Upon reaching the peninsula he refused to return to the Maghrib. This decision irritated Abf 'Inan, who reproached the Nasrid sultan for

protecting the Fasi judge and demanded his immediate return. After

obtaining a safeguard (amdn), written in the hand of the same Abi 'Inan, Muhammad V authorised the return of al-Maqqari, sending him with a delegation of two chief judges from Granada to guarantee his

security.72

68 Nafhl al-tib, II, 702 and F. de la Granja, "Condena de Bobadil", 164. 69 Ibn al-Khatib, Ihdta II, 138-39; al-Katiba al-Kdmina, 115, n?. 38; Durar al-

kdmina, 430-31, n?. 3421; Nayl al-ibtihdj, 240. These sources mention that the judges were entrusted with diplomatic missions without specifying objectives, persons or places.

70 A. L. Premare, Maghreb et Andalousie au XIV siecle. Les notes de voyage d'un andalou au Maroc. 1344-1345 (Lyon, 1981); J. F. P. Hopkins, "An andalu- sian poet of the fourteenth century", Bulletin of the School of Oriental Studies, XXIV (1961), 57-64.

71 Relations between the Marinids and Nasrids deteriorated during the last years of Yisuf I's reign. Immediately after Muhammad V acceded to the throne in 754/1353, he sought to repair relations with the Marinid court. With this purpose in mind, in 755/1354 he sent Ibn al-Khatib on a mission that lasted for two months.

72 Ibn Khaldin, Tar'if, 63 and Le voyage d'occident et d'orient, 77; Ibn al-

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As noted, al-Bunnahi traveled to Fez to meet with the Marinid sultan, 'Abd al-'Aziz, by express order of Muhammad V, with the

objective of obtaining the extradition of Ibn al-Khatib. In response to the formal claim by the Nasrid judge, the Marinid sultan reportedly answered: "If you knew his crimes, why didn't you punish him when he was with you? As far as I am concerned, no one should worry about this matter".73

During the fifteenth century there are two significant figures: Muhammad IX al-Aysar and his judge, Abi Yahya b. 'Asim, author of the Junnat al-ridd, who succeeded Ibn Siraj in his post in 838/1434- 35, during the third reign of Muhammad IX.74 Ibn 'Asim went through all the stages of a legal career and reportedly exercised twelve posts simultaneously.75

In 851/1448 the nephew of Muhammad IX, Abf l-Hajjaj Yfisuf b. Ahmad b. Nasr, rebelled against his uncle and was proclaimed sultan in Granada, with the throne name of Yusuf V. One month later, Muhammad IX al-Aysar, who had been forced to flee to Malaga along with his judge, Abu Yahya b. 'Asim, asked the latter to carry out a mission for Yfisuf V in Granada, with the intention of reaching an

agreement between the two sultans. Ibn 'Asim carried out his mission but did not achieve the expected results.76 The judge stayed in Granada with Yfisuf, who also sent him on a mission to the Maghrib.77

Khatib, lhata, II, 197; al-Maqqari, Nafhl al-tlb, V, 209. According to al-Bunnahi, the shaykh Abu 'Abd Allah Muhammad b. Faraj b. Judam al-Lakhmi was the delegate (nd'ib) of the qadi l-jamC'a, Abu 1-Qasim al-Sharif, during his diplomatic mission to the sultans of the Maghrib. Abu 'Abd Allih b. Faraj held this position until his death at the end of 757/1356; Marqaba, 176-77.

73 Ibn Khaldin, Histoire des Berbers, V, 399; Nafh al-tib, V, 119. 74 On this sultan see L. Seco de Lucena, Muhammad IX, sultdn de Granada

(Granada, 1978). New interpretations of the confusing history of Granada are found in the preface to the edition of the Junnat al-ridd by Salah al-Jarrar, 11-32 and M. Charouti Hasnaoui, "Nuevos datos sobre los ultimos nasries...".

75 Nafh al-.tb, VI, 148 and 155-62; Azhar al-riyid, I, 145 and 172-79; Nayl al- ibtihdj, 313; Ibn 'Asim was murdered next to Muhammad IX by Sa'd b. Nasr in 858/1454. See the preface to the edition of the Junnat al-rida, I,-5-70; L. Seco de Lucena, "Los Bani 'Asim intelectuales y politicos granadinos del siglo XV", Misceldnea de Estudios Arabes y Hebrdicos, II (1953)", 6-14 and idem, "La escuela de juristas granadinos del siglo XV", Misceldnea de Estudios Arabes y Hebrdicos, VIII (1959), 26; M?. I. Calero, "Cadies supremos de la Granada nasri", 143 and note 42; M. Charouti Hasnaoui, "Una familia de juristas en los siglos XIV y XV: Los Banf 'Asim de Granada", Estudios Onomdsticos-Biogrdficos de al-Andalus, ed. M! L. Avila y M. Marin, VI (1994), 163-85.

76 Junna, I, 57 and 180. 77 Junna, I, 57-58 y II, 65-66.

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RULERS AND QADIS

Conclusion

Prosopographical literature provides important information about the relations between sultans and qddis during the Nasrid period (1232- 1492). The cases presented here demonstrate that the political power, represented by the sultan, had the exclusive capacity to appoint and dismiss all judges, from chief qadls to local q.dds. Judges were able to appoint delegates (nuwwab) and courtroom staff. In some cases, the chief qadi exercised disciplinary or supervisory powers to control the proper functioning of the legal adminstration. Appointments and dismissals were mostly tied to political considerations. Loyalty to the sultan played a decisive role in the legal system of the Nasrid kingdom.

Despite the control of the sultan over his qddis, a few judges demon- strated independence in the exercise of their duty, e.g. Muhammad b. 'Iyad al-Yahsubi (thirteenth century) and Ibn Bakr (fourteenth century). Also relations between qddis and wazfrs were sometimes cordial, e.g. in the case of Ibn Mas'ud, or hostile, as between Ibn al-Khatib and al- Bunnihi. Within the extra-legal field, the sultans frequently entrusted to qddis missions to Muslim countries. These missions had a double objective: seeking aid for the defense of Granada, and mediation and representation.

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rulers and qadis their relationship during the nasirid kingdom

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