Studies in Ibāḍism (al-Ibāḍīyya)

life to this task was Jabir b. Zaid. It is already mentioned that he became one of the most learned men in Basrah. As a result he became the Mufti of Basrah; According to 'Iyas b. Mu'awiyah, "Jabir was the only Mufti in Basrah."85 This probably was for a limited period, since other sources reported that other learned personalities shared him the burden of fatwa in Basrah, among whom were al-Hassan al-Basri, 'Amr b. Salamah al-Jarmi, Abu Maryam al-Hanafi, and Ka'bb Sawd.86 Jabir's student, 'Amr b. Dinar thought so highly of Jabir that he went so far as to say, "I have not seen any one of greater knowledge of Futya than Jabir b. Zaid".87

A brief study of the method which Jabir followed in his deliverance of legal opinions would help to understand the nature of the Ibadhi jurisprudence. Being a Traditionalist, his wide knowledge of Tradition and the legal opinions of the Companions marked his method as a jurist. To him, the bases of any legal opinion are the Qur'an, the Sunnah, and the opinions of Companions; then comes his own judgement. The second source for his legal opinions, next to the Qur'an, is Sunnah, for as Jabir states: "Whatever affair which Sunnah opposes is demolished."88 He again says, "Nothing of people's affairs in which they oppose Sunnah can be right."89 However, Jabir in following this way, kept to the rule laid down by the Companions. His teacher 'Abdullah b. 'Umar warned him not to give any legal decision unless it was clearly stated in the Qur'an or authentic Sunnah.90 It is also reported that Jabir said, "I met a number of the Companions; most of their legal opinions (fatwa) were Traditions of the Prophet."91 After Sunnah comes juristic speculation (ra'y). Concerning this third source of jurisprudence, Jabir believed that his own judgement must come after that of the Companions, not before. He wrote, "The Juristic speculation (ra'y) of those who were before us is better than our opinions. Yet again the successor recognizes the superiority of his predecessor. The more deserving of such a right are the migrants with the Messenger of God (Muhajirun), and those who followed them in good-action; for they have witnessed and learned. It is our duty to step in their footprints and follow their traces."92 He further says, "I am only a learned person following the traces which have been well-prepared before me. I have no confidence or proof in formulating legal opinion except narrations (riwayat), about which we may differ.93 In his letter to 'Anifah, Jabir expressed the same principle as follows; "There is nothing of that (formulating legal opinions) except what people narrate formulating is concerned, it is of less value."94 The following case shows how fast Jabir held to this principle. It is a case of the woman divorced by her sick husband. According to Ibn 'Abbas, she must wait until the danger of her husband's illness is over in order to keep her-right to the dower and inheritance; if she married another husband before that, she will lose her right to the dower and inheritance. Jabir after quoting this opinion of Ibn 'Abbas,