Ancient Competencies

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 Period of dynasties
Alwansharisi_Ahmad.jpg
(1430-1508)

Profession: Theologian, Maliki Jurist, Official Mufti of Fez

Fields of Specialty: Islamic Jurisprudence (Fiqh), Maliki Law, Fatwas, Islamic Notary Work, Issues of Muslims under Christian Rule

Nickname: Al-Wansharisi (from Ouarsenis), Abû al-ʿAbbās

Ethnic Origin: Berber from the Beni-Ouragh tribe


Birth, Origins & Education

Ahmad ibn Yahya al-Wansharisi, whose full name is Abû al-ʿAbbās Aḥmad ibn Yaḥyā ibn Muḥammad ibn ʿAbd al-Wāḥid ibn ʿAlī al-Wansharīsī, was born around 1430 (834 AH) in the Ouarsenis mountains, a region located in present-day Algeria, more precisely in the Hadjaloua area, Al-Azhariya commune, approximately 70 kilometers from Tissemsilt.

Born into a respected Berber family belonging to the Beni-Ouragh tribe, he grew up in a deeply religious environment. His father, Yahya, was a recognized scholar who served as qadi (judge) in Mazouna. Under paternal guidance, Ahmad began his education, memorizing the Quran and learning the rudiments of Arabic language and fiqh (Islamic jurisprudence) in his native village.

Remarkable fact: The place of his birth still bears the name "Sidi Ahmad al-Mi'yar" in reference to his masterwork "Al-Mi'yār al-Mu'rib." Not far from there is also a mausoleum dedicated to his father, known as "Sidi Yahya."

At age 18, al-Wansharisi undertook his first major intellectual migration to Mazouna, then a flourishing center of Islamic learning. He spent seven crucial years there (around 1448-1455) deepening his knowledge in various religious sciences, benefiting from the academic heritage left by his grandfather who had been a judge in this city.

At 25, he continued his quest for knowledge toward Tlemcen, the intellectual capital of the time that was bustling with scientific and literary activity. This city, renowned for its eminent masters in fiqh, grammar, and literature, offered him the opportunity to perfect his training under prestigious scholars.

Career

Al-Wansharisi's career unfolded in several distinct phases, marked by a progressive ascension toward recognition and religious authority.

Tlemcen Period (1455-1475): Quickly noticed for his exceptional erudition, al-Wansharisi obtained a teaching chair in Tlemcen where he gave courses on the Mudawwana (famous compilation of Maliki law), Ibn al-Hajib's Mukhtasar, and various other juridical disciplines. His reputation rapidly extended beyond the city's borders, attracting students from throughout the Maghreb.

His contemporaries testified to his exceptional mastery of Arabic language, some affirming that "if Sibawayh (the great grammarian) had been present, he would have learned grammar from his mouth." This period saw the birth of his vocation as jurisconsult, responding to complex questions of Islamic law that reached him from various regions.

Exile and Settlement in Fez (1475-1508): In 1475 (881 AH), political tensions with Tlemcen authorities forced al-Wansharisi into exile. His house was pillaged and he had to flee precipitously toward Fez, under the reign of the Wattasids. Far from being a setback, this exile marked the beginning of the most fruitful period of his career.

In Fez, he quickly obtained the prestigious function of Official Mufti, becoming the supreme juridical authority of the city and, by extension, of all Morocco. This position conferred considerable influence on the religious and social life of the time. He specialized particularly in questions relating to Muslims of Al-Andalus living under Christian domination, becoming the indispensable reference on these delicate subjects.

Teaching and Training of Disciples: Throughout his career, al-Wansharisi trained a remarkable generation of scholars who would perpetuate his teaching. Among his most famous disciples, we count his own son Abd al-Wahid, who would become supreme qadi of Fez, as well as numerous other jurists who would occupy important positions throughout the Maghreb.

Distinctions & Recognition

Al-Wansharisi enjoyed exceptional recognition from his peers and the authorities of his time. His contemporaries described him in laudatory terms that testified to his exceptional status in the Muslim intellectual world.

Honorary Titles: He was universally recognized as "the Most Accomplished Erudite Compiler" (al-'Allāma al-Musannif al-Abra'), "the Most Accomplished and Highest Jurist" (al-Faqīh al-Akmal al-Arfa'), "the Overflowing Ocean" (al-Bahr al-Zākhir), and "the Brilliant Star" (al-Kawkab al-Bāhir).

Academic Recognition: Ibn Ghazi, an eminent contemporary scholar, declared in his work "Dawhat al-Nāshir" that al-Wansharisi mastered the madhhab (juridical school) of Imam Malik in its principles and ramifications better than anyone of his time. This declaration, considered a solemn oath, illustrates the degree of recognition he enjoyed.

Supreme Juridical Authority: He was recognized as "the proof of the Maghrebis against the people of other regions" (Hujjat al-Maghāriba 'alā ahl al-Aqālīm), testifying to his role as intellectual representative of the entire Muslim West.

Remarkable citation: His biographers report that he was described as being among the "great established scholars and verifying imams" (min kibār al-'ulamā' al-rāsikhīn wa al-a'imma al-muhaqqiqīn).

Posthumous Recognition: His death left a considerable void in the field of Islamic jurisprudence. Scholars of the time agreed that with his disappearance, the Maghreb lost one of its most brilliant intellectual beacons, and that none of his contemporaries reached his level of expertise in Maliki law.

Productions, Impact & Influence

Al-Wansharisi's work constitutes a monument of Islamic jurisprudence, with at least fifteen attested works, almost all devoted to fiqh. His influence extends well beyond his time, his writings continuing to be studied and consulted to this day.

Major Work - Al-Mi'yār al-Mu'rib: His absolute masterpiece, "Al-Mi'yār al-Mu'rib wa al-Jāmi' al-Mughrib 'an Fatāwā 'Ulamā' Ifrīqiya wa al-Andalus wa al-Maghrib" (The Clear Standard and the Compilation of the Maghreb of the Fatwas of the Scholars of Africa, Al-Andalus and the Maghreb), represents a monumental collection in twelve volumes of fatwas and juridical consultations.

This encyclopedic work, which the author "gathered exhaustively and compiled consciously" according to his biographers, constitutes an invaluable source for understanding the social, political, economic and religious life of the Maghreb and Al-Andalus at different periods. In the 16th century, it became an integral part of the educational program in North Africa and continues to be studied by modern researchers.

Specialized Works:

  • "Al-Manhaj al-Fā'iq wa al-Manhal al-Rā'iq fī Ahkām al-Wathā'iq" (The Supreme Method and the Pure Source on the Rules of Notarization): Treatise in 16 chapters on the notarization of Islamic legal documents, covering the qualifications required for notaries, standards of legal documents, and technical aspects of juridical dating.
  • "Asnā al-Matājir" (The Noblest Commerce): Extensive fatwa from 1491 establishing the obligation for Muslims in territories conquered by Christians to emigrate to Muslim lands. This work, published shortly before the fall of Granada, constitutes one of the most influential pre-modern juridical opinions on Muslims living under non-Muslim rule.
  • "Īḍāh al-Masālik ilā Qawā'id al-Imām Mālik": Exposition of the paths to the principles of Imam Malik.
  • "Al-Wilāyāt fī Manāṣib al-Hukūma al-Islāmiyya wa al-Khuṭaṭ al-Shar'iyya": Treatise on Islamic governmental functions and religious charges.

Impact on Islamic Jurisprudence: Al-Wansharisi's influence extends far beyond his time. His fatwas on Spanish Muslims became the standard reference for similar situations in other historical contexts. His juridical methodology, combining scholastic rigor and pastoral pragmatism, influenced generations of jurists.

Contribution to Heritage Preservation: By compiling the fatwas and juridical decisions of his predecessors, al-Wansharisi played a crucial role in preserving Maghrebi and Andalusi juridical heritage, saving from oblivion thousands of consultations that testify to the richness of Islamic juridical thought.

Pedagogical Influence: His teaching methods and pedagogical manuals profoundly marked Islamic education in the Maghreb. His disciples, trained according to his methods, perpetuated his approach throughout the Muslim West.

Contemporary Heritage: Even today, "Al-Mi'yār" remains an indispensable reference for researchers in social, economic and religious history of the Maghreb and Al-Andalus. The work continues to be consulted in Islamic educational institutions and academic research centers.

Death and Posterity: Al-Wansharisi died on Tuesday, 20 Safar 914 AH (June 20, 1508) in Fez, at the age of approximately 80 years. He was buried in the cemetery of Kudyat al-Baraṭil, near the tomb of Ibn Abbad. His disappearance marked the end of an era in Maliki jurisprudence, with none of his contemporaries reaching his level of erudition and influence.

References and Bibliographical Sources

Primary Sources:

  • Al-Wansharisi, Ahmad ibn Yahya. Al-Mi'yār al-Mu'rib wa al-Jāmi' al-Mughrib. Fez edition, 12 volumes.
  • Ibn 'Askar. Dawhat al-Nāshir li-Mahāsin man kāna bi al-Maghrib min Mashāyikh al-Qarn al-'Āshir.
  • Al-Baghdadi, Isma'il Pasha. Hadiyyat al-'Ārifīn.

Modern Secondary Sources:

  • Lagardère, Vincent. Histoire et société en Occident musulman au Moyen Âge : Analyse du Mi'yar d'al-Wanšarīsī. Madrid: Casa de Velázquez, 1995.
  • Fierro, Maribel. "The Legal Policies of the Almohad Caliphs and Ibn Rushd's Bidāyat al-Mujtahid." Journal of Islamic Studies, vol. 10, no. 3, 1999.
  • University of Tissemsilt (Algeria). Digital archives on al-Wansharisi: www.univ-tissemsilt.dz/wancharissi/
  • Biographical Encyclopedia Tarajm.com, entry no. 14475.

Specialized Studies:

  • Powers, David S. "Fatwas as Sources for Legal and Social History: A Dispute over Endowment Revenues from Fourteenth-Century Fez." Al-Qantara, vol. 11, 1990.
  • Serrano, Delfina. "Fatwas almohades du manuscrit d'al-Wansharisi conservé à al-Azhar." Estudios Onomástico-Biográficos de al-Andalus, vol. XII, 2005.
  • Zomeño, Amalia. Dote y matrimonio en Al-Andalus y el Norte de África. Madrid: CSIC, 2000.

Ahmad ibn Yahya al-Wansharisi (c. 1430-1508) remains one of the most influential figures of Maghrebi Islamic jurisprudence, whose work continues to illuminate our understanding of medieval Muslim societies.