Reconciling Islamic Jurisprudence and Hadith in al-Andalus in the 5th/ 11th Century: Ibn al-Ṭ allā‘ (d. 497/1104) and His Aq ḍ iyat Rasūl Allāh

: The study of Muwa ṭṭ a’ Mālik and the Mālikī school dominated in al -Andalus from the 2nd/8th century to the 3rd /9th century. The following two centuries marked the decline of Muwa ṭṭ a’ Mālik studies in al-Andalus. Therefore, the study of the 5th/11th is very important to illustrate how the transition from the domination of Muwa ṭṭ a’ Mālik to the domination of other books, in this case is al-Andalus. One of them is the work of Mu ḥ ammad bin Farj al-Qur ṭ ubī al - Mālikī (d. 497/1104), known as Ibn al - Ṭ allā‘ in his book, Aq ḍ iyat Rasūl Allāh ṣ allā Allāh ‘alaihi wa sallam. This research employs a qualitative approach, literature studies and content analysis. This article discusses the criticism of Ibn al-Ṭ allā’ on the orthodoxy of the Mālikī school and the process of reconciling hadith and Islamic jurisprudence (fiqh) in al-Andalus in the 5th/11th century. Ibn al-Ṭ allā‘ enjoyed academic freedom amidst political and identity chaos at that time. With such chaos, views of non-Mālikī Islamic scholars were more numerous and they were getting freedom of expression. Hence, he was welcome to depart from Mālikī orthodoxy by quoting opinions from other schools and comparing them. The combination of fiqh and hadith sources, as well as the combination of the opinions of Mālik ibn Anas and other schools, became an achievement for Ibn al-Ṭ allā‘. Thi s achievement went through several processes and stages, especially since the Mālikī school and Muwa ṭṭ a’ still dominated since they became the official schools of the Umayyad dynasty in al-Andalus in the 2nd/8th century until the 3rd/9th century.

with 20 studies (40.82%).Next, in the 5th/11th century, the quantity of Muwaṭṭa' Mālik studies increased to 24 studies, but in percentage it continued to decline (38.1%).This descending trend was due to several issues such as the struggle of non-Mālikī scholars against the orthodoxy of Mālikī scholars, the permission of the government on spreading of the Mālikī school and riḥlah 'ilmiyyah (intellectual travel) to some areas dominated by non-Mālikīs.The fifth/eleventh century marked the position of Muwaṭṭa' Mālik.This is because the study of Muwaṭṭa' Mālik in the sixth /twelfth began to decline drastically (Akmaluddin, 2021, p. 226).
Some articles on Ibn al-Ṭallā'include Maribel Fierro's "La Fahrasa de Ibn al-Ṭallā'" in Estudios Onomástico-Biográficos de al-Andalus which in this article Fierro explains sources of Ibn al-Ṭallā'and history in his book, Aqḍiyat Rasūl Allāh ṣallā Allāh 'alaihi wa sallam.Fierro says that there are 38 known works by Ibn al-Ṭallā', with the histories of 25 works that was still extant and possible to be partially reconstructed as his Fahrasah.Next, the transmission of Ibn al-Ṭallā'on Muwatta', Mudawwanah, and Sunan of al-Nasā'ī is so important because it appears consistently in the narratives of his books.Ibn al-Ṭallā' reconciled Mālik's fiqh and hadith and had a narration from Muḥammad b.Husayn al-Ājurrī (d.360/970), a jurist and hadith scholar from the Shāfi'ī school.This shows that the Mālikī school in al-Andalus had begun to absorb the doctrine of uṣūl al-fiqh formulated by Muḥammad b.Idrīs al-Syāfi'ī (d.204/820) in the 5th/11th century (Fierro, 1989a).howver, in this article, Fierro focuses on reconstruction of Ibn al-Ṭallā' in his Fahrasah and has not discussed the critique of Mālikī orthodoxy.
In another article, Why and What Did Legal Scholars Write in Medieval Islamic Societies?, Fierro also writes briefly about Ibn al-Ṭallā' on how he wrote Aqḍiyat Rasūl Allāh ṣallallāh 'alaihi wa sallam, the sources used, the reasons for writing the book and how it was identified by book indexers such as Ḥajjī Khalifah in Kasyf al-Ẓunūn 'an Asāmī al-Kutub wa al-Funūn (Khalīfah, 1941), andIsmāʽīl Bāsyā al-Baghdādī, in Hadiyyat al-ʿĀrifīn: Asmāʼ al-Muʼallifīn wa Āṡār al-Muṣannifīn (al-Baghdādī, 1951).Moreover, Fierro also explains that there are several books on aqḍiyah that received more commentary from Ibn al-Ṭallā' such as Kitāb Aqḍiyat Rasūl Allāh written by the Ḥanafī scholar Ẓāhir al-Dīn ʿAlī ibn ʿAbd al-ʿAzīz al-Marghinānī (d.506/1112) (Fierro, 2021).This article further writes about the development of fiqh studies in al-Andalus, and does not discuss much about book of Ibn al-Ṭallā'.
In How Do We Know about the Circulation of Books in al-Andalus?The Case of al-Bakrī's Kitāb al-Anwār, Fierro revealed that scholars in al-Andalus had to act in different ways on books they disliked as a form of censorship and control of knowledge.For example, by destroying or burning books, deleting their contents and controlling access to writing a book of rejection of books they disliked, in short, they controlled the knowledge (Fierro, 2016).
Another article is opinion of Ibn al-Ṭallā' on jihad in al-Andalus.In Adjihâd no extremo Sudoeste Peninsular.O recém-identificado Ribat da Arrifana (Século XII), Rosa Varela Gomes and Mário Varela Gomes explain that Ibn al-Ṭallā'ordered Muslims to do jihad in al-Andalus according to the Prophet's hadith.Jihad not only has an individual dimension, while instilling and developing the faith of every believer, but it is also a collective obligation, in an effort to expand Islam among territories and populations considered as enemies, as well as legitimizing war (Gomes & Gomes, 2003).
There are more than 100 Mālikī scholars, writers, and jurists mentioned in the studies on marriage and divorce, and except for two specific exceptions, none of them are identified.The first exception is the case of Ibn al-Ṭallā', about whom al-Sijilmāsī quotes a bibliographical note from Ibn Farḥūn's al-Dībāj.The second is al-Maknāsī who was a judge in Fes for thirty years.However, according to Henry Toledano in Sijilmâsî's Manual of Maghribî 'amal, al-'Amal al-Muṭlaq: A Preliminary Examination, authority of Ibn al-Ṭallā' must be identified because of the peculiarities of the practice involved in his opinions (Toledano, 1974).
The interpretation of the Mālikī scholars in al-Andalus is that the sharia must be adapted to the local environment, just as zakat on tin fruits is obligatory as on dates because they are a staple food.According to Dutton in The Origins of Islamic Law: The Qur'an, the Muwaṭṭa' and Madinan 'Amal, the Mālikī scholars' opinion adapted to the circumstances in al-Andalus so that it was easier to be practiced and understood (Dutton, 1999).This was also done by 'Abd al-Malik bin Ḥabīb (d.238/853) in al-Andalus in the 2nd/8th century when adapting terms in hadith into Andalusian terms.The relation between the power of the Mâlik school of thought and local knowledge in the epistemology of explanation of hadith (syarḥ al-ḥadīṡ) is productive, namely producing practical and pragmatic knowledge of the people in al-Andalus.This was mentioned in the article of Akmaluddin, The Epistemology of Sharḥ Hadith in Al-Andalus in the Second to the Third Century AH: A Book Study of Tafsîr Gharîb Almuwaṭṭa by 'Abd Al-Malik bin Ḥabîb (Akmaluddin, 2018).
From the recent studies above, there is no specific study on criticism of Ibn al-Ṭallā' on the orthodoxy and dominance of the Mālikī school and Muwaṭṭa' Mālik; and how the process of reconciliation of hadith and fiqh in al-Andalus in the 5th/ 11th century.Therefore, this article will discuss how was the critique of Ibn al-Ṭallā' on the orthodoxy of Mālikī school and Muwaṭṭa' Mālik and how was the process of reconciling hadith and jurisprudence in the 5th/ 11th century in al-Andalus.This paper will provide the process of the transition from orthodoxy to heterodoxy in the study of hadith in al-Andalus as well as the process of reconciliation between hadith and fiqh sources from several legal schools (mażāhib).This is because the 2nd/8th century to the 3rd/9th century was dominated by only one school of jurisprudence and one book of hadith, namely Mālikī school and Muwaṭṭa' Mālik.The works and thoughts of Ibn al-Ṭallā'corroborate the process of attempting to diversify knowledge and schools of thought in the 4th/10th century by scholars of that period.

METHOD
This research uses a qualitative approach with literary studies on sources related to Ibn These diverse data from Ibn al-Ṭallā' are analyzed by looking at the relationship between power and knowledge, the historical, social and political background, and the relationship between the schools of hadith and fiqh in al-Andalus and their rivalry.In addition, data on al-Andalus studies, scholarly genealogies and hadith discourses in Masyriq and Maghrib are also reviewed in this paper.After obtaining data from these sources, this paper elaborates on the position of Ibn al-Ṭallā'who diversified his sources and references in the midst of the al-Andalus society that still employs both the Mālikī school and Muwaṭṭa' Mālik as the main and only reference.Żahabī, 2003, vol. X: 797;Ibn Basykuwāl, 1955, pp. 534-535;Ruano, 2013).

On Aqḍiyah Rasūl Allāh ṣallā Allāh 'alaihi wa sallam
The compilation of Aqḍiyah Rasūl Allāh ṣallallāh 'alaihi wa sallam (Judgments of the Messenger of Allāh ṣallallāh 'alaihi wa sallam) is based on the importance of a person who applies the law based on Allah's command in the Quran, the decree of the Prophet, the consensus of scholars, or the evidence of one of these three bases.The book contains judgments from the Prophet, or his commands on such judgments.He also mentions the common ground between al-Syāfi'ī and Mālik that a judge should not rule unless he knows hadith and fiqh at the same time, and also he is sensible and cautious or wirā'ī (Ibn al-Ṭallā ', 2006, p. 7)  We saw the judgment of the Messenger of Allah (may Allah's peace and blessings be upon him) and the order of the Messenger of Allah (may Allah's peace and blessings be upon him) concerning that judgments.We found nothing but a few hundred hadiths."So, I will proceed with the judgments of the Messenger of Allah (may Allah's peace and blessings be upon him), hoping for the blessing and love of the Messenger of Allah (may Allah's peace and blessings be upon him) for that judgments, wanting to follow the Messenger of Allah (may Allah's peace and blessings be upon him) for that decision, and knowing the commands and prohibitions of the Messenger of Allah (may Allah's peace and blessings be upon him) because Allah says: "Whatever the Messenger gives you, take it.And whatever he forbids you from, leave it" (al-Hasyr: 7).Allah also says: "So let those who disobey his orders beware, for an affliction may befall them, or a painful torment may overtake them" (al-Nūr: 63)." Aqḍiyah Rasūl Allāh ṣallā Allāh 'alaihi wa sallam consists of eight parts: an introduction, a book of jihad, a book of marriage, a book of divorce, a book of buying and selling, a book of judgment, a book of wills, and a conclusion.Ṭallā', 2006, pp. 148-150).

The methods of Aqḍiya writing
In his books, Ibn al-Ṭallā' usually mentions the book he used before mentioning a narration or opinion.After that, he then mentioned another hadith and corroborated it with the other hadith book.For example, in the discussion of the chapter bāb kaifa yusāq al-qātil ilā al-sulṭān wa kaifa yuqarriruhū 'alā al-qatl (how the murderer is reported to the caliph and how he is determined for the murder), Ibn al-Ṭallā' quotes a tradition from Ṣaḥīḥ Muslim, followed by another similar hadith and a hadith from Musnad Ibn Abī Syaibah and then corroborated with Sīrah Ibn Isḥāq (Ibn al-Ṭallā ', 2006, pp. 11-12).
He also sometimes commented on the hadith by explaining some of the opinions in it.In the chapter ḥukm Rasūl Allāh ṣallā Allāh 'alaihi wa sallama fī man qatala aḥadan bi ḥajar (the ruling of the Messenger of Allah (may Allah's peace and blessings be upon him) on those who kill with stones, he said: "In this Hadīth (narrated by al-Bukhārī from Anas bin Mālik about a Jew who killed a slave girl) there is an understanding (fiqh) that a murderer is killed in the same way, namely with stones, sticks, strangulation and others according to the opinion of Mālik.This is different from the opinion of the Iraqis (especially the Hanafī school) who say that nothing can be used except a sharp tool, and in the sign that is understood is like kalām (the Prophet's command).With this, a man can also be killed for killing a woman." The fiqh method of some hadith used by Ibn al-Ṭallā' is also used in some other chapters, such as the chapter on the Prophet's judgment on the oath (qasāmah) of the unknown killer (Ibn al-Ṭallā', 2006, pp. 15-16).Opinions of Ibn al-Ṭallā' before also shows that he compared the mażāhib, especially the Ḥijāzī (Mālikī) and 'Irāqī (Ḥanafī and his followers like Syāfi'ī).These two schools are the major schools in the history of Islam, especially with regard to fiqh and hadith.He also quotes from Mālik bin Anas, the founder of the school he follows.He also quotes Mālik bin Anas who said that the person who will meet Allah without having the sin of killing people will feel light and will not have a big responsibility (Ibn al-Ṭallā ', 2006, p. 8).
In addition, he also criticized the narrator.For example, he discussed the narration of whether the Messenger of Allah and Abū Bakr had imprisoned someone or not.In this narration, there is a narrator named Bahz bin Hakīm whom he considers as majhūl (unknown) according to some scholars.However, he says that al-Bukhārī included him in the chapter on ablution, which shows that Bahz bin Hakīm is not majhūl, but ma'rūf.
He also explains some of the mubham names (which are vague or not mentioned in the hadith) such as in the cause of the hadith (asbāb al-wurūd) about the case of a woman who killed a woman, both of whom were from the Banū Hużail (Ibn al-Ṭallā ', 2006, pp. 13-14).Several traditions, with their various versions of isnād and matn, as well as additional narrations, are presented to derive the understanding (fiqh) of the case (Ibn al-Ṭallā ', 2006, pp. 15-16; 19).

Reconciling Islamic Jurisprudence and Hadith
Various references on work of Ibn al-Ṭallā' show how fiqh and hadith began to be reconciled.The reconciliation of the two disciplines was considered important because both of them, either in Masyriq or Maghrib, were in binary opposition (al-Ghazālī, 1989;Lévi-Provençal, 1989).(al-Ghazālī, 1989;Lévi-Provençal, 1986;Miquel, 1991).If hadith scholars such as those in Medina prioritize hadith reports and their authenticity, then jurists, who are synonymous with ra'yu (opinion) scholars in Iraq, make little use of hadith and create many branches from branches (tafrī' al-furū') (al-Qaṭṭān, 2001, pp. 289-294).
There was a conflict between the hadith and fiqh scholars in Masyriq.The case in al-Andalus was the same but in a different form.The hadith scholars in al-Andalus made more use of the ra'yu of their predecessors despite using Muwaṭṭa' Mālik as their main text.On other side, the jurists used more hadith books other than Muwaṭṭa' Mālik, despite using ra'yu in their ijtihad.In this intellectual battle, the school that considered themselves as hadith scholars and used ra'yu (the Mālikī school), emerged victorious in al-Andalus (Akmaluddin, 2021, pp. 136-137).
This victory was expressed by the banning of hadith books other than Muwaṭṭa' Mālik, as well as fiqh books other than the Mālikī school (Fierro, 2016) Jurists in al-Andalus were forced to integrate theory with practical reality, the principles of syara' and the daily needs of a particular society as well as the individual (Sanjuán, 2006, pp. 346-347) Some scholars who tried to bring hadith books such as Muṣannaf Ibn Abī Syaibah or fiqh books such as the Ḥanafī school were banned by local ruling authorities and scholars (Lucas, 2008).In this case, Muḥammad bin Aḥmad al-Maqdisī (d.380/990) said that "fa in ẓaharū 'alā Ḥanafīyyin au Syāfi'iyyin nafauhu" (if they (the people of al-Andalus) saw a follower of the Ḥanafī or Syāfi'ī school, they would drive him away) (al-Maqdisī, 1991, p. 236).
Therefore, the emergence and integration of fiqh and hadith sources as well as the opinions of Mālik ibn Anas and other schools is an achievement for Ibn al-Ṭallā'.This achievement certainly did not come suddenly, especially since the Mālikī school and Muwaṭṭa' Mālik still dominated since it became the official school of the Umayyad dynasty in al-Andalus in the 2nd/8 century until 3rd/9th century.There are two factors led to Ibn al-Ṭallā' in that achievement: first, the decline of various dominations (network, symbolic, institutional and religious dominations) at the beginning of the 4th/10th century; second the resistance of Mālikī domination by Baqī b.Makhlad (d.276/889) who carried on the Syāfi'ī tradition and preferred to narrate Muwaṭṭa' Mālik from Abū Muṣ'ab and Ibn Bukair rather than Yaḥyā bi Yaḥyā al-Laiṡī (Fierro, 1989b), and the permissibility of schools other than the Mālikī school and books other than Muwaṭṭa' Mālik by the Umayyad emir Muḥammad bin 'Abd al-Raḥmān (d.272/886) (Akmaluddin, 2021, pp. 151-158;Raisuddin, 1991).
Thus, in Córdoba, the ruling government was the Jahwarī dynasty (ruling from 422/1031 to 461/1069), then conquered by the 'Abbādī dynasty (ruling from 461/1069 to 484/1091) and then conquered by the Murābiṭūn dynasty, which entered and controlled al-Andalus from 479/1086 (Bosworth, 1980, pp. 14-17;28-29;'Inān, 1997, p. II: 20) From these data, the book of Aqḍiyah Rasūl Allāh ṣallā Allāh 'alaihi wa sallam was probably composed when the Jahwarī dynasty was in power.The Jahwarī dynasty embraced an ideology similar to today's democracy.Al-Sirjānī says that Abū al-Ḥazm Ibn Jahwar established a cabinet deliberation council (majlis syūrī wizārī) consisting of ministers, experts in ra'yu, experts in deliberation and experts in leadership.The various policies he implemented were based on the decisions of the council (al-Sirjānī, 2011, p. 329).
Based on this deliberative system, it is likely that Ibn al-Ṭallā' enjoyed academic freedom amidst political and identity chaos.With such chaos, views of non-Mālikī Islamic scholars were more numerous and they were getting freedom of expression.Hence, he was welcome to depart from Mālikī orthodoxy by quoting opinions from other schools and comparing them.Despite being of the Mālikī follower, Ibn al-Ṭallā' took a lot of knowledge and adopted it from other Mālikī school.This is in contrast to Mālikī scholars of the 3rd/9th century such as Aṣbagh bin Khalīl who strongly rejected schools other than Mālikī (muta'aṣṣib li ra'y aṣḥāb Mālik ... syadīd al-ta'aṣṣub li al-ra'y) (Ibn al-Faraḍī, 2008, p. I: 129-131).
Ibn al-Ṭallā''s criticism of the Mālikī school includes the Prophet's judgment on the oath (qasāmah) of an unknown killer in the murder of a slave girl.Ibn al-Ṭallā' said (Ibn al-Ṭallā ', 2006, pp. 15-16): "In this Hadīth (narrated by al-Bukhārī from Anas bin Mālik about a Jew who killed a slave girl) there is an understanding (fiqh) that a murderer is killed in the same way, namely with stones, sticks, strangulation and others according to the opinion of Mālik.This is different from the opinion of the Iraqis (especially the Hanafī school) who say that nothing can be used except a sharp tool, and in the sign that is understood is like kalām (the Prophet's command).With this, a man can also be killed for killing a woman." The use of Ibn al-Ṭallā'on qiyās in the Prophet's judgment above is evidence that he is no longer fanatically and orthodoxly bound to the Mālikī school.He put forward several opinions of other schools and tended to agree with them.The change of view, diversification of knowledge and dialog with the world outside the Mālikī school is one of the hallmarks of writings of Ibn al-Ṭallā'.

Acculturation of Masyriq and Maghrib
According to Maribel Fierro, the development of the integration of hadith science in the Mālikī school and the challenge of Zahirism (in the 5th/11th century) occurred in al-Andalus (Fierro, 2011).In addition, this century is considered by Khalil Masud as the consolidation period (from 404/1013 -626/1228) for the Mālikī school in al-Andalus (Masud, 1991).Thus, both agree that the 5th /11th century was the end of the orthodoxy and dominance of the Mālikī school.However, in the case of Ibn al-Ṭallā', what actually happened there was not only the integration of hadith science in the Mālikī school and the consolidation of the school, but also acculturation.
There was an acculturation of knowledge between Masyriq and Maghrib in the case of Ibn al-Ṭallā'.(Sanni, 1995).Later he studied fiqh in Qairawān, and entered al-Andalus with much knowledge from Masyriq.He settled in Toledo, and was offered a judgeship in Córdoba, but he declined it.(al-Żahabī, 2003, vol. X: 275).There were ideological relations between the inhabitants of al-Andalus and Qairawān and some of the scholars and students who had visited the center of Qairawān's thought.The two regions influence each other and share in the thinking.Furthermore, Qairawān became a long history for the enrichment of the academic movement for the Maghrib, especially al-Andalus (al-Ṣabbāgh, 2011).
In addition, Ibn al-Ṭallā' also took a narration from Makkī bin Abī Ṭālib (d.437/1045), who traveled to Masyriq and brought the various knowledge available there (Ibn Basykuwāl, 1955, pp. 597-599).From Makkī bin Abī Ṭālib, Ibn al-Ṭallā' narrated Ṣaḥīḥ Muslim and al-Wāḍiḥah by 'Abd al-Malik bin Ḥabīb.This shows that the fusion of scholars from Masyriq and Maghrib was successful in work of Ibn al-Ṭallā'.This fusion is a form of peace between the previous rivalry between Masyriq and Maghrib to catch up and surpass each other (Chejne, 1974, P. 148).A study of 'Abd al-Malik bin Habīb's al-Wāḍiḥah showed that he did not make extensive use of isnād in his work.Some traditions do not even have isnād at all.However, if traced back, the isnād can be found in other books of hadith.This also shows that according to the followers of the Mālikī school, the dicta (main points) of content is more important than the tradition itself (Brockopp, 1998).
Ibn Thus, this will bring more diverse and plural studies and is no longer dominated by a single discourse.Ibn al-Ṭallā''s reconciliation of jurisprudence and hadith in al-Andalus in the 5th/11th century illustrates that the two disciplines need and strengthen each other.Furthermore, fiqh and hadith should be integrated, not separated as happened in the early days of Islam in al-Andalus.In short, Ijtihad of Ibn al-Ṭallā'provided a new foundation and epistemology for people after him such as Ibn Rusyd al-Jadd who diversified knowledge and schools of thought in al-Andalus.Thus, the orthodoxy of the Mālikī school and Muwaṭṭa' Mālik was increasingly challenged and constructively responded to by other schools.