ISLAMIC MALIKI LAW BOOK

MS 5319
MS Short Title ISLAMIC MALIKI LAW BOOK
Text ISLAMIC MALIKI LAW BOOK ON CONTRACT SLAVES, KITAB AL-MUKATIB
Description MS in Arabic on vellum, North Africa, ca. 11th c., 23 ff. (incomplete), 27x19 cm, single column, (22x15 cm), 26 lines in Maghribi script, headings in Kufic script, title in a large ornamental Kufic script, written for Ibrahim bin Muhammad bin Hasan.
Binding Lacking, original North Africa?, ca. 11th c., disbound, sewn on 4 cords.
Context Other Maghribi Maliki texts in similar script and title pages in Sotheby’s 28.4.1993:160, and in Bonham’s 17.10.2002:9.
Provenance 1. Ibrahim bin Muhammad bin Hasan, North Africa (ca. 11th c.); 2. Sam Fogg, London.
Commentary Shari’a consists of 3 main parts: 1. Principles (Usul); 2. Theory; 3. Practical application. This is a practical part of an Amoravid compendium on Shari’a law of the Maliki school, still much used in the Maghrib after 1200 years. It concerns the treatment and rights of contract slaves with a kitaba agreement, under a contract with their master to pay for their freedom in instalments.
Published Malik bin Anas (ca. 710-796) founded the Maliki school of Islamic legislation. It was based on a great variety of sources, with emphasis on norms and practices of the people in Medina, rather than the analytical base of the Hanafi school. In many cases he discarded the Hadith when it was obviously wrong or unpractical, promoting workable laws.
Place of origin North Africa
Dates ca. 11th Century

Location