Islamic Law and Civilization in Al-Andalus
Section 1: Islamic Law in Al-Andalus
Spain was largely dominated by Muslims following their conquest starting in 711. This territory operated under Islamic law, which is deeply intertwined with the religion and the fundamental pillars of Muslim civilization.
Pillars of Islamic Civilization
These pillars form the core of the Islamic faith and practice:
- Faith (Shahada): This is the primary and most crucial Muslim dogma. It is a monotheistic belief centered on Allah as the one God, and Muhammad as His final prophet. Muhammad’s role was to complete the mission of earlier prophets like Moses and Jesus, establishing religious, political, military, and fiscal structures, many of which are detailed in the Koran.
- Prayer (Salat): Derived partly from Jewish tradition, Muslims are required to pray five times daily facing Mecca. Initially, Allah commanded Muhammad to institute fifty daily prayers; the noon prayer was the last to be proclaimed. However, the binding communal prayer is held every Friday at noon, usually led by a state official in the mosques.
- Alms (Zakat): Initially voluntary, this practice became mandatory, typically set at approximately 2% of family income, though it has occasionally risen to as high as 40%. Alms were collected by public officials and distributed among the poor, mosques, and for government expenditures. This charity has roots in the Jewish Tithe and Christian charity.
- Fasting (Sawm): In the Muslim world, this involves abstaining from all food and drink from sunrise to sunset every day during the month of Ramadan. This commemorates a significant journey undertaken by Muhammad and varies according to the lunar calendar. This practice also has precedents in Hebrew and Christian traditions.
- Pilgrimage to Mecca (Hajj): This journey must be completed once in a lifetime by every able Muslim. Pilgrims en route to Mecca must observe specific restrictions: they cannot hunt, start conflicts, or engage in sexual relations along their path.
Upon arrival in Mecca, pilgrims circumambulate the sacred stone of the Kaaba seven times. This ritual echoes practices from pre-Islamic primitive peoples, who also performed seven circuits around the stone, the temple structure, and the surrounding hills.
The Concept of Holy War (Jihad)
The concept of Holy War was not an original Quranic principle but was elevated to a sacred status for various reasons. Those who died defending Islam in this context were believed to bypass burial rites and prayers, proceeding directly to heaven.
This elevation aimed to foster greater ferocity in battle. Holy War has multiple interpretations: one religious (spreading the faith of Islam), and others offered by French historiography (sometimes Marxist), citing economic motives—specifically, moving from the desert into fertile lands, or engaging in plunder, rapine, or purely political expansion.
The impetus of the Holy War led Muslims to conquer Spain and nearly the entire peninsula before their advance was halted by Charles Martel at Poitiers.
The Legal Foundation: The Koran and Sunna
The underlying legal doctrine resides in the Koran. It was written based on what Muhammad recited as the words of Allah, conveyed through the Archangel Gabriel, and recorded by Muhammad’s listeners.
These accounts were compiled after Muhammad’s death and subsequently formalized. The Koran is considered the most perfect text in the Arabic language, containing about 80,000 words, making it slightly smaller than the New Testament.
It is divided into chapters called Suras (sometimes referred to by other terms like Kahaba or Azobé), and the final two Suras are further divided into verses. The Koran holds significant legal content as its rules govern all aspects of a Muslim’s conduct. The Quran is not merely a text; it is the primary source of all Muslim law, encompassing public law, private law, and penal law.
The Sunna
Complementing the Koran is the Sunna, which comprises three elements detailing the practical implementation of Muhammad’s doctrine:
- What the Prophet said that is not explicitly contained in the Koran.
- What Muhammad did, serving as an undeniable role model.
- What he tacitly consented to; that is, actions and practices over which he presided, where his silence implied approval.