Q. & A. 711 to 1707 with solved Papers css 1971 to date

Political and Cultural History of Islam
Society and Administration
723
Imam Malik because of his alleged support to a pretender and he is said to have declared that ”in Hisham he saw the ideal of a Muslim King and he proclaimed him alone worthy of sitting on the caliph’s throne:’ accordingly Imam Malik’s disciples were welcomed in Spain, and in fact Hisham appointed the judges and ecclesiastics from this Sunni School. Yahya ibn Yahya was the most renowned pupil of Imam Malik. It is related that Imam Malik called him the ’Aqil (subtle, sagacious and learned man), of Spain, Yahya was greatly revered at Cordova. Another great Maliki jurist was Talha. The Maliki jurisprudence ever since exercised great influence in the Muslim Spain. During the reign of the Almoravides the theologians and fakihs were very powerful
The Muslims of Spain had imported the same system of administration of justice as was prevalent in Medina and Damascus. The chief Qazi aided by subordinate Judges administered justice according to the Qur’anic law. The court of Justice was usually neai the city mosques and frequently the mosques were used as the local Courts. During the reign of Abdur Rahman I there were four chief Qazis, Qazi-ul-Qzat in Spain. There are also known as Qazi-ulJamat. In small towns the Judge appointed was known as Musaddid. Closely associated with the duties of Qazi and under his supervision was the Sahib-ul-Medina commonly known as Sahib-ul-lail who was responsible for the execution of the sentence of death or of Hadd, the prescribed punishment for whoredom and intoxication, etc. The sentence of death was executed after jt was confirmed by the caliph. The Muhtasib was responsible field standard for the purchase and sale of all commodities.
The traditional custom of the caliphs to near cases in person was in existence in Spain, but it was not so common as at Damascus. Amir Hisham-al-Razi is credited with hearing such suits. Apparently this Court and the Court of the Wazirs known as the Council of State, where state trials were held was the Supreme Court of the state. The Court of the Qazi-ul- Quzat was the chief appellant Court where appeals from the subordinate Courts were filed. There was Muftis also who generally advised the Qazis in interpreting and applying the law.
One of the most learned jurists was Ibn Bashir who acted during the reign of Hakam as the Chief Qazi of Spain. His judgments were respected throughout the Muslim world. It is related that Hakam’s uncle Said al-Khayr had a case pending before Ibn Bashir. It was required to prove the disputed deed by the evidence of marginal witnesses. One of the witnesses happened to be Hakam himself. The monarch’s presence was thus indispensable and he was
I
accordingly summoned to appear in the Court. On another occasion Ibn Bashir decreed a suit against Hakam, and ordered the monarch to deliver possession of the disputed land to the plaintiff. It is related that Hakam sent for the plaintiff and purchased the land from him.
Ibn Ali ’Amir styled Mansur was one of the greatest Prime Ministers (Hajib) of Spain; in fact the was sovereign defacto. His love of justice and equity was proverbial. He was for sometime Chief Justice at Mauritania. It is related that a man presented himself in the wazir’s court and accused the shield bearer of Mansur of breach of contract, and of refusing to appear in the court of the Qazi to answer the charge. He reported that the judge also had not compelled the shield-bearer to present himself in the Court.
Thereupon Mansur became indignant and ordered the prefect of the police to conduct these two men to the Court of the Qazi. ’Abdur Rahman ibn Futais, the judge, having decided the case in favour of the plaintiff, he appeared to thank the minister. ”Spare me the thanks, said the minister ”thou has gained by case,: On another occasion an African merchant approached Mansur and accused his majordomo who thinking that he was shielded from legal proceedings in virtue of his high office had declined to appear in the court of the Qazi.
The minister instantly placed the majordomo under arrest, and sent him to the court, and on hearing that the case was decided in favour of the African merchant he deprived his majordomo of office. The idea of state trials for nobility was known to the Muslims of Spain. We have a complete account of the trial of Mushay who was sometime private secretary to Hakam, governor of Majorca and lastly secretary of state. He was trialed by the Council of State composed of several wazirs notably Ibn Jahwar and Ibn Lyash. His property was declared requestrated and he was imprisoned in the state prison at al-Zahra. The Muslim law is very strict in punishing people who blasphemed the Prophet (PBUH) of Islam and the religion. Such instances were common in Spain. The self-styled martyrs sought glorification cheaply; to achieve that end they had merely to revile the Holy Prophet. The monk Isaac (Ishaq) was the first to set the example. He was condemned to death by the Qazi of Cordova. The trail of the famous monk Evlogius had caused a sensation. He was also condemned to death. Similarly Leocritia a Muslim girl on apostasy was convicted and sentenced to death.4
Muhammad Arshad. P 506

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