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# Nawazil Jurisprudence As a Source on the Islamic World: The Case of Al-Ajwibah Al-Kubra By: Abdelkader Al-Fassi

Mekki Klaina

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Mekki Klaina. Nawazil Jurisprudence As a Source on the Islamic World: The Case of Al-Ajwibah Al-Kubra By: Abdelkader Al-Fassi. HISTORICAL: Journal of History and Social Sciences, 2024, 3 (3), pp.220 - 243. 10.5835/historical.v3i3.150. hal-04941299

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# Nawazil Jurisprudence As a Source on the Islamic World: The Case of Al-Ajwibah Al-Kubra By: Abdelkader Al-Fassi, By: MEKKI KLAINA

Article in HISTORICAL Journal of History and Social Sciences · November 2024

DOI: 10.5835/historical.v3i3.150

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# INTRODUCTION

Books of *Nawazil* (Islamic legal rulings) serve as significant indirect sources for understanding various aspects of Islamic societies throughout specific historical periods. Originally compiled to address real-world issues through fatwas (legal opinions), these works provide researchers with insight into the intellectual, political, social, and economic conditions of the time. By posing questions to scholars, individuals from these societies sought rulings on practical matters, and the scholars' responses were subsequently recorded in *Nawazil* books. These texts thus capture societal dynamics and interactions with socio-economic events, forming a unique and valuable source for reconstructing historical contexts.

Despite their potential, the use of *Nawazil* literature as sources for historical, social, and economic research gained scholarly attention only in the latter half of the 20th century. A pivotal study in this regard was conducted by Omar Benmira at Mohammed V University in Rabat, Morocco, titled *Al-Nawazil wa al-Mujtama': Musahama fi Dirasat Tarikh al-Badiya bi-l-Maghrib al-Wasit* (Nawazil and Society: A Contribution to the Study of the History of the Countryside in Medieval Morocco), completed in 1989 and printed by the Faculty of Arts and Humanities in 2012.

While the primary purpose of *Nawazil* books was to provide legal rulings, utilizing them as sources for historical, social, and economic analysis presents challenges, given their original legal orientation. Thus, this study applies a descriptive-analytical approach, aiming to surpass the traditional framework of *Nawazil* books by extracting historical and societal insights embedded within the legal rulings. To respond to both qualitative and quantitative methodological perspectives, the study focuses on qualitative analysis, as this allows for a more nuanced interpretation of societal structures, economic interactions, and political dynamics than purely quantitative methods could provide. In this way, the study not only addresses a critical gap in existing research but also presents *Nawazil* as an invaluable source for understanding the historical and social fabric of Islamic societies.

The primary objective of this research is to uncover and analyze the social, economic, and political issues embedded within the *Nawazil* literature, specifically in *Al-Ajwiba al-Kubra* by Abdelkader al-Fassi. Unlike previous studies, which often emphasize legal interpretations, this study aims to explore these rulings as rich, indirect sources that reveal the nuanced realities of the author's era. By examining these rulings, the research provides insights into societal conditions, economic practices, and political structures that are absent from traditional historical, economic, and social records. This approach offers a unique perspective on the lived experiences and interactions of the time, bridging a gap in existing literature. Therefore, this research seeks to establish that *Nawazil* books can serve as valuable indirect sources for economic, social, and political studies. The issues presented to jurists for their rulings not only provide unique insights but also represent a qualitative addition to the understanding of historical realities. These inquiries often reveal private aspects of individuals' lives and circumstances that traditional sources have overlooked. By highlighting the socio-economic and political contexts
embedded in these texts, this study aims to demonstrate the *Nawazil's* potential to enrich historical research and fill gaps left by earlier scholarly writings.

## Literature Review

Among the late Andalusian and Moroccan *nawazil* books that addressed these issues are the following:

1. *Masa'il* by Abu al-Walid ibn Rushd, who was born in 450 AH. He holds a significant place in this type of writing and has clearly influenced those who followed him.

2. *Ajwiba Ibn Ward al-Andalusi*, Ahmad ibn Muhammad ibn 'Umar (d. 456 AH) (Al-Dhabi 1969: 167), consist of his answers to questions posed by an inquirer from Mallorca. These questions pertain to matters of worship, transactions, and some issues related to theology and hadith. The text also provides insights into the social, economic, religious, and scholarly conditions of the Mallorcans. Our colleague, Professor Dr. Muhammad al-Sharif, in his study accompanying the editing of these responses, highlighted their influence on later writings. For example: *Nawazil al-Burzuli* (d. 841 AH) (Al-Burzuli, 5:433, 496, 566), *Al-Jawahir al-mukhtarah mimma waqoftu 'alayhi min al-nawazil bi-Jibal Ghumarah*, by Abdul-Aziz ibn al-Hassan al-Zayyati, and *Al-Nawazil al-jadidah al-kubra fima li-ahl Fas wa-ghayrihim min al-badu wa-al-qura*, by al-Mahdi al-Wazani (Al-Wazani, 1:17, 6:16-17, 10:107). Additionally, *Al-Mi'yar* by Al-Wansharisi quoted thirty fatwas from Ibn Ward verbatim (Al-Sharif, 2008: 58-66).

3. *Al-Mi'yar al-Mu'rib Wa al-Jami' al-Mughrib 'an Fatawa Ahl Ifriqiyah wa al-Andalus wa al-Maghrib*, by Al-Wansharisi, Abu al-Abbas Ahmad ibn Yahya (d. 914 AH).

4. *Jami' Masa'il al-Ahkam Lima Nazala min al-Qadaya bi al-Muftin Wa al-Hukkam*, by Abu al-Qasim Ibn Ahmad al-Balawi al-Qayrawani, known as Al-Burzuli (d. 841 AH) (Al-Burzuli, 2002). He extensively referenced ibn Rushd's *Masa'il*, to the extent that, according to Prof. Dr. Mohammed Al-Habib Al-Tujgani, who edited the book, Al-Burzuli's *Nawazil* could almost be considered a commentary on them (Ibn Rushd, 1992, 1: 115-116). Additionally, Al-Burzuli's book is one of the primary sources Al-Wansharisi relied upon in compiling the *Nawazil* of Ifriqiya.

5. *Al-Durar al-Maknunah fi Nawazil Mazunah*, by Abu Zakariya Yahya ibn Musa ibn Isa al-Maghili al-Mazouni (d. 883 AH) (Al-Mazouni, 2004). Al-Wansharisi relied on this book to extract the fatwas of later scholars from Tunis, Bejayah, Algiers, Tlemcen, and other regions.

6. *Al-Ajwiba al-Kubra*, by Abdelkader Al-Fassi (d. 1091 AH). The following features characterize these books: realism, a local understanding of the texts of the Maliki school, historical grounding of certain legal principles, minimal reference to the Quran and Sunnah, and a heavy reliance on jurisprudential texts when issuing legal rulings (Ibn Rushd, 1992, 1: 112-114). The latter is one of the key books we will study in this research to extract political, social, and economic facts that are not usually found in direct historical sources.

What distinguishes *al-Ajwiba al-Kubra* by Abdelkader al-Fassi is that he did not set out to author a book of his own; rather, some of his students and children compiled his *fatwas* and responses into a single lithographed volume consisting of
435 pages. These *fatwas* were a trusted source relied upon by the scholars of his time. Abdelkader al-Fassi held a distinguished scholarly status, being described as "peerless" and "the sultan of the scholars of the age." His reputation spread throughout the East and the West, and many people sought knowledge from him.

In previous studies, scholars have significantly contributed to the field of fiqh-based *Nawazil* (legal issues) by analyzing emergent rulings for novel social and religious issues of their time. However, these works predominantly focus on deriving and applying legal judgments rather than addressing the underlying historical, economic, and social dimensions of these cases. In recent times, researchers in history, economics, and social studies have begun to pay closer attention to *Nawazil* literature for insights into historical realities; yet this approach remains relatively underexplored.

This study aims to fill an existing gap by examining the *Nawazil* in *Al-Ajwiba al-Kubra* by Abdelkader al-Fassi. Unlike previous works, this study seeks to analyze the social, economic, and political issues contemporaneous with the author, issues that are not explicitly documented in traditional historical sources. Additionally, *Al-Ajwiba al-Kubra* offers an opportunity to explore a critical period in Moroccan history—one spanning the end of the Saadian dynasty and the beginning of the Alaouite dynasty.

The novelty of this study lies in its focus on extracting and interpreting specific *Nawazil* that reflect real-life events and conditions during the author's lifetime. This source material has been largely overlooked by scholars of history, economics, and sociology, who may benefit greatly from the unique insights it provides into daily life and societal structures of the time.

# DISCUSSION

## A brief introduction to Abdelkader al-Fassi:

Abdelkader al-Fassi was born in al-Qasr al-Kabir, Morocco, on Monday, the second day of Ramadan in the year 1007 AH, and he passed away on Wednesday, the eighth day of Ramadan in the year 1091 AH. This means that he lived through the late Saadian dynasty and the beginning of the Alaouite dynasty. Therefore, this research aims to study *al-Ajwiba al-Kubra* and investigate its ability to provide accurate and useful information on the political, economic, and social aspects of Morocco during this critical transitional period, which may benefit scholars in their research related to this era.

This source that we will study aims to uncover the political, social, and economic events that researchers cannot find in direct sources. Despite Abdelkader al-Fassi's vast knowledge, he did not set out to author a specific work; rather, some of his companions and children compiled his responses into a single lithographed volume of 435 pages. These *fatwas* were relied upon by the scholars of his time, and he was described as being "peerless," "the unique of the scholars," "the master of masters," and "the sultan of the scholars of the age." His reputation spread throughout the East and the West, and many people sought knowledge from him. He was born in al-Qasr al-Kabir, Morocco, around noon on Monday, the second day of Ramadan in the year 1007 AH, and passed away after the noon call to prayer on Wednesday, the
eighth day of Ramadan in the year 1091 AH (Al-Fassi Abdurrahman, no. 514, Al-Zirikly, n.d., 4: 166-167, Kahhala, 1993, 4: 199). This means that he witnessed the end of the Saadian dynasty and the rise of the Alaouite dynasty. To what extent can *al-Ajwiba al-Kubra* help us shed light on the political, economic, and social aspects of the mentioned period?

## The Political Aspect Through *Al-Nawazil Al-Kubra*

Abdurrahman al-Tamnarti (No. 2007: 304) spoke in detail about the suffering of the Moroccans due to the turmoil, unrest, wars, and lack of security after the death of Abu al-Abbas Ahmad al-Mansur. This was caused by the conflicts between his sons and grandsons over the throne, as well as epidemics and the plague. All of this weakened the Saadian state's position, making neighboring countries covet its wealth and seek to colonize the land. Among the territories colonized by the Spanish were Larache, al-Ma'mura, and Asilah. The situation stabilized somewhat when Mawlay Zidan took power in the year 1022 AH. However, this stability did not last long; with his death in 1037 AH, the Saadian state's position declined again, and it became the target of ambitions once more (al-Zayani, No. D1577, and Abu Mulaq, No. D1420: 30).

By examining the responses of Abdelkader al-Fassi, it becomes evident that Moroccans suffered under the decline of Saadian dynasty, marked by political unrest and conflicts throughout the country, as will be clearly demonstrated by the issues discussed in this study.

# 1. The Proliferation of Raids and Jihad

## 1.1 The Proliferation of Raids

The responses of Abdelkader al-Fassi often mention the raids and their destructive consequences, reflecting the extreme instability of the time. For example, one question asked about the legitimacy for the owner of a mill to accept payment in the form of flour obtained from stolen wheat, in exchange for milling:

> "... After these raids took place in the countryside, and wheat and other stolen goods were transported to the city – most people not caring about how these goods were acquired – it happens that artisans receive this stolen grain to mill it, and then they are paid with the resulting flour. Is it permissible for the mill owner to accept this flour as payment? ..." (Al-Fassi Abdelkader, 1324a: 5-6).

These raids extended to the desert, aiming to expel the inhabitants entirely from the region or to buy their lands and palm trees at a meager price. It is clear that these practices fell under coercion, allowing the victims to demand the cancellation of such contracts. Another question was posed to Abdelkader al-Fassi on this topic:

> "... Residents of several other stronger villages overpowered the inhabitants of a village in the desert. The latter asked them to sell their land, palm trees, and leave the area. If they refused, they would be expelled by force and pillaged. The villagers, unable to defend themselves at the time due to a lack of governance, had no choice but to comply with
this demand and sold their lands and palm trees under duress, at a very low price, as is evident in this case of coerced sale..." (Al-Fassi Abdelkader, 1324a: 319-320).

This example demonstrates how several tribes and villages allied to fight a weaker tribe or village, forcing them to accept their conditions under threat of death or forced displacement, reflecting the absence of strong authority capable of governing the country and preventing such injustices. This was clearly expressed by the questioner in this case, as well as in another statement: "... And today, this is the common practice of people, in the absence of the Sultan, and from this absence stems the absence of the Public Treasury..." (Al-Fassi Abdelkader, 1324a: 126).

These disturbances and raids are rooted in the division of Morocco during this period into factions, each seeking to climb the ladder of power and enrich itself by all means, whether licit or illicit, leading to several consequences that can be categorized as follows:

1. The emergence of coalitions between factions against others, as evident in the case of the aforementioned desert villages. This phenomenon became so widespread that it was the subject of another question submitted for legal opinion, where the questioner asked:

> "... A faction of Muslims attacked another, weaker in number and arms. The oppressed faction sought help from a neighboring group to repel the attackers. If this group kills a member of the attacking faction, does the sin fall on the killer, or is it the aggressor the one who bears responsibility? Is it permissible to finish off a wounded aggressor if the other faction defeats them, or only if their numbers are deemed too dangerous? Please clarify this last question, for a man, after reflection, fears the punishment of Allah for having killed a member of the attacking faction while he was part of the solicited group..." (Al-Fassi Abdelkader, 1324a: 128).

Due to these alliances formed within the country and the wars between factions, it became difficult to distinguish the just from the guilty, as passions and tribal prejudices took precedence, with no laws able to curb these behaviors. Thus, Abdelkader al-Fassi declared:

> "... Furthermore, these wars and troubles between Muslims make it difficult to discern the truth, due to the complexity of the issues and the dominance of passions and prejudices, leading to attachment to falsehoods and the practices of Jāhiliyyah (paganism). The sincere believer must avoid getting involved in these disturbances as much as possible. The Prophet, peace be upon him, said: "When you see greed obeyed, desires followed, the world preferred, and every person admiring their own opinion, take care of yourself and leave public affairs aside..." (Abu Dawud, 1413: no. 4341, al-Tarmidhi, 1413: no. 3058, ibn Majah, 1413: no. 4014, Al-Fassi Abdelkader, 1324a: 228-229).
2. The proliferation of arbitrary seizures in the country, a phenomenon that affected both rulers and subjects. A question addressed to Abdelkader al-Fassi concerned a case where a governor had seized some silos of wheat. The question stated:

"My master – May Allah bless you and perpetuate your benevolence – what is your response regarding two men who share several silos of wheat? The oppressive governors took a portion of this wheat, that of one of the partners, and left the rest. The wronged partner claims that the remaining wheat belongs to both of them and that the loss should be shared because it is impossible to distinguish the shares, especially when dealing with fungible goods, like in this case. The second partner argues that the remaining wheat belongs to him. He consulted some scholars who agreed with him. Please provide us with a complete answer. May Allah reward you and grant you peace" (Al-Fassi Abdelkader, 1324a: 128).

Such situations occurred repeatedly (Al-Fassi Abdelkader, 1324a: 129), illustrating the governors' abuse of power. Another question arose regarding the use of flour derived from stolen wheat, used to pay the miller (Al-Fassi Abdelkader, 1324a: 7), and whether the meat from stolen animals, once slaughtered, should be returned (Al-Fassi Abdelkader, 1324a: 9).

The issue of exploiting usurped land was also raised multiple times. One interlocutor, due to the frequent land usurpations, reached the point where he no longer trusted anything and considered everything illicit, whether he knew the origin of the goods or not. He said:

"... What is the ruling concerning usurped lands? Does the sin falls on the initial usurper or on all those who benefit from it? All Arab wealth is mixed with unlawful goods or is illicit. How can we buy from them when all they possess is unlawful?!" (Al-Fassi Abdelkader, 1324a: 301).

In another question, the speaker mentioned the abundance of usurped goods in the country (Al-Fassi Abdelkader, 1324a: 147).

3. The looting of rural roads to rob and attack travelers (Al-Fassi Abdelkader, 1324a: 96-97).

4. The enslavement and sale of Muslims, a phenomenon that prompted several legal questions to Abdelkader al-Fassi, particularly regarding the sale of a Muslim to an infidel. Sheikh Abu Zakaria al-Hahi (d. 1035 H) (Al-Tamnarti, 2007, 158-159, Al-Murghati, 2007: 125, Al-Sussi, 1969, 19: 193-196) issued a fatwa authorizing the execution of those who engaged in this practice. This could occur for two reasons: either the person sold was a spy – in which case their fate was death without contestation – or it was an attempt to subjugate a believer to an infidel through domination (Al-Fassi Abdelkader, 1324a: 28). This kind of betrayal in favor of the infidels is what happened with the people of Salé, who conspired against Abu Abdullah al-‘Ayachi (d. 1051 H) and united to fight him. When he discovered their betrayal, he consulted the scholars, who permitted him to fight those involved.
He fought them for several days, killing those he found, while others fled (Al-Nasiri, 1955, 6: 90).

During the war between the inhabitants of Fes and the tribes of Hyaynah and Chraqah, the latter kidnapped women from Fes's gardens to sell them to the tribes, where they were mistreated (Al-Nasiri: 1955, 6: 85). Thus, it is not surprising that a question was asked to Abdelkader al-Fassi regarding a woman who had been sold as a slave and who claimed her freedom (Al-Fassi Abdelkader, 1324a: 65).

5. The weakness of laws and the absence of an authority capable of restoring order. This was a frequent complaint among the population, who explained their inability to achieve justice (Al-Fassi Abdelkader, 1324a: 80). In a question posed to al-Fassi Abdelkader, the speaker said:

> "... And today, this is the common practice of people, in the absence of the Sultan, and from this absence stems the absence of the Public Treasury..." (Al-Fassi Abdelkader, 1324a: 126).

In response to these troubles and the disregard for justice, Abdelkader al-Fassi issued a passionate appeal:

> "... We live in a time where passions have taken root in hearts and dominate souls, making them refuse to submit to the truth. Few people assist in supporting the truth, or perhaps none contribute at all..." (Al-Fassi Abdelkader, 1324a: 114).

In his words, he paints a precise portrait of the reality experienced by Moroccan society in the 11th century of the *Hijrah*, marked by the absence of a Sultan capable of controlling the country and the division of the people into factions and parties. This reflects the situation of a state in decline, specifically the decline of the Saadian dynasty. The judge and scholar Abu Mehdi Issa ibn Abdel Rahman al-Suktani (d. 1062 H) (Al-Muhibbi (n.d.), 3: 235-236) emphasized the importance of loyalty to the Sultan in his letter to Abu Zakaria Yahya ibn Abdullah ibn Sa'id ibn Abdelmoumin al-Hahi (d. 1035 H) (Al-Tamnarti, 2007: 159-160, Al-Sussi, 1969, 19: 86). After fleeing from Taroudant to Marrakech, al-Suktani advised al-Hahi not to rebel against the Sultan without a valid reason. This information is documented by Al-Muhibbi (n.d., 3:235-236), Al-Qadiri (1982, 2:59-60), and Al-Nasiri (1955, 6:61-68).

6. Insecurity in the countryside led to two phenomena:

The first: the migration from rural areas to cities, leaving some of them nearly deserted, as indicated by a case submitted to Abdelkader al-Fassi. The speaker wrote:

> "My master – may Allah be pleased with you – what is your response regarding a group that had previously established the Friday prayer in their home, but due to population decline, most of the homes became empty to the point that there were not enough people to perform this prayer. Scholars like Sidi Ibrahim al-Joulali, declaring its annulment, had already issued a fatwa and this lasted for about thirty years. Today, only four inhabited houses remain, and the Friday prayer has been reinstated after its cancellation..." (Al-Fassi Abdelkader, 1324a: 215).
According to (al-Wâdihah) by Abd al-Malik ibn Habib, the Friday prayer should be performed with a group of around thirty people, with some setting this number at twenty-seven, and others at twenty-five (Al-Fassi Abdelkader, 1324a: 215-216). This helps illustrate how some tribes had become depopulated. Observing the war that erupted between the inhabitants of Fes and Abu al-Rabi', following the murder of Moulay Idriss at the house of al-Qaytoun, one notices that the fighting caused numerous deaths, devastated the outskirts of the city, deserted the villages, and increased caravan looting in the year 1022 H (Al-Nasiri, 1955, 6: 54-55).

The second phenomenon: the inhabitants of the countryside would place their wives in the same bed, citing poverty or fear of thieves as the reason, or even the concern that women far from them might commit adultery (Al-Fassi Abdelkader, 1324a: 334). If the situation had been more stable, such behavior would not have become widespread among them.

Insecurity was not limited to the countryside; the cities also experienced dark days due to revolts (Al-Nasiri, 1955, 6: 58). Al-Hawat depicts the state of society, characterized by turmoil and fear of raids, by describing the period of the Saadian dynasty's decline. He notes that Moroccans lost trust in the feuding local leadership, stating, "In a time when misguidance extinguished the lights of guidance, as the Saadian state became corrupt, its power gradually waned, and rebels multiplied across most regions... Yet, God did not facilitate success for any of them, and the outcome of some was ultimately ruin" (Al-Hawat, no. D261: 119).

## 1.2 Jihad

Morocco was exposed to foreign invasions, and some of its cities were occupied, such as Ceuta in 818 H (Al-Qadiri, 1977, 1: 157). Mohammed al-Sheikh al-Ma'moun (died in 1022 H) sold Larache to the Christians in 1019 H (Al-Qadiri, 1977, 1: 142, 156-157). Other cities like Tangier, El Jadidah, Serif, and al-Qasr al-Kabir were also colonized. The Moroccans, facing internal disturbances that troubled the country, began resisting the enemy, but the authorities lacked the means to effectively deal with the situation. It is therefore not surprising that they turned to scholars, asking if Jihad was an individual obligation (fard 'ayn) for the inhabitants of the occupied cities, or if it extended to the entire country. This question was posed to them repeatedly, notably in 1040 H, and later brought to Abdelkader al-Fassi, perhaps among others. Here is a question that was addressed to him:

> "... Is Jihad an individual obligation for these regions, considering that Larache is part of the Banu Guerfet tribe, along with Serif and al-Qasr al-Kabir, or is it an individual obligation because the infidels invaded these lands by force and suddenly, and those nearby cannot expel them? Does this obligation fall first on those closest, and then on others until the goal is achieved? ..." (Al-Fassi Abdelkader, 1324a: 255).

The inquirer sought to issue a fatwa to motivate the people to defend themselves. It was a call to the neighboring populations of the occupied areas to gather their courage and rise to assist their brothers. Abdelkader al-Fassi's response served as a firsthand account, providing us with a clear image of the country's dire
situation at that time, revealing the enemy's preparations and the Muslims' weakness.
He emphasized the necessity of mutual assistance, and in his response, he said:

> "... The infidels – May Allah destroy them – are entrenched in their fortresses and shielded by their constructions. However, they never cease seeking to seize the wealth of the Muslims, waiting for opportunities to strike. They have no other concern, and nothing distracts them from these aims. As for the Muslims – may Allah elevate their status and support them with His victory – they are currently unable to eradicate this harm and expel them from their lands. They can only besiege them, deny them resources, and intensify surveillance with all possible means, hoping that this will weaken their strength, diminish their power, and blunt their determination, preventing them from capturing or raiding their neighbors, as has happened on several occasions when the Muslims became negligent, and border patrols were relaxed. Indeed, the infidels have many spies and traitors who convey information about the Muslims and reveal their weaknesses, people who are not deterred by faith or religion – may Allah protect us from that. The people of these lands do not enjoy security in what they do, for if they cease their efforts, they will not be spared and will suffer harm, unlike the inhabitants of distant regions. If they lower their guard, the enemy will undoubtedly attack them, as the infidels are constantly watching, ready to strike with vigilance, determination, and preparations. They can only be contained by maintaining surveillance, fortifying their lands, and protecting their territories in accordance with the current circumstances, marked by the Muslims' weakness. This form of Jihad, aiming to contain the polytheists in light of current challenges, is an inevitable obligation that cannot be avoided" (Al-Fassi Abdelkader, 1324a: 256-258).

This text highlights two aspects of the colonizers' strength:

1. The Christians are entrenched in their fortresses.

2. They are constantly watching the Muslims, ready to attack at any moment.

In contrast, the Muslims' weakness at the time lay in three areas:

* Their inability to repel the colonizers.

* Their neglect of continuous border surveillance.

* The presence of traitors spying for the Christians due to their lack of faith. It is highly likely that Christians infiltrated the Muslim ranks, disguised as Muslims, living among them while passing information to the enemy. This is a well-documented historical fact.

This does not imply that the Muslims were inactive in their resistance against the Christians, nor that they were defeated in every encounter with the enemy. In fact, through the cases brought to Abdelkader al-Fassi, we see that "groups of Muslims went to the border of Larache – may Allah return it to Islam – to defend the Muslims, confront the infidels, observe them, and carry out actions beneficial to the Muslims and harmful to the enemy, such as digging ambushes, etc. Some began digging a path
leading to a position where an ambush could be set, while most of them watched the enemy, on horseback and on foot, as this place could only be dug with the support of those staying behind because it was within bow range of the infidels' fortress. They dug this passage cooperatively, with some digging, others transporting the earth, and still others observing the movements of the enemies leaving the fortress..." (Al-Fassi Abdelkader, 1324a: 327).

It is also reported that the Muslims living near Tangier defeated the Portuguese who occupied it twice: in the first battle, over six hundred Portuguese were killed, and in the second, over four hundred (Al-Qadiri, 1982, 2: 144), with some being taken captive.

On the road to Ceuta, Muslims set ambushes to protect civilians. In one case, Abdelkader al-Fassi was asked about the fate of a Roman prisoner captured by the Muslims after attempting to escape. A group of Muslims tasked with pursuing the escaped prisoners chased them for some time, but the search was eventually called off. Twenty days later, people were sent on a Jihad mission, and when they entered enemy territory, hidden in ambush, they discovered one of the escaped prisoners emerging from the forest and heading towards Ceuta. He was captured by some of those lying in wait for the enemy, who then asked his master for the reward he had promised to whoever brought the fugitive back. A group of Muslims, absent at the time of the prisoner's capture because they were in ambush elsewhere, claimed a share of the reward, stating: "We are your partners in this capture, as you would not have reached that place without our presence in enemy territory..." (Al-Fassi Abdelkader, 1324a: 84).

The question of the legitimacy of certain actions by *Mujahidin* hidden in ambushes was raised several times (Al-Fassi Abdelkader, 1324b: 350).

In another case, a question was asked about the possibility of Muslims hanging lamps taken from Christians, which were previously suspended in their churches, in mosques (Al-Fassi Abdelkader, 1324b: 22).

All these elements show the significant efforts made by Muslims to recover Moroccan cities and free them from foreign occupation.

## THE SOCIAL ASPECT THROUGH AL-NAWAZIL AL-KUBRA

Upon studying the responses of Abdelkader al-Fassi, numerous social phenomena emerge. In this study, we will focus on analyzing some of these, as highlighted through various relationships.

### 1. Women in Rural Areas

The condition of women in rural areas differs significantly from that of women in cities, as rural women bear many responsibilities. In addition to household chores, they assist their husbands in work agreed upon with others for payment. For example, in a question posed to Abdelkader al-Fassi, a husband had arranged with a shepherd to tend his sheep while his wife milked them, tethered the lambs, and swept. Both were paid (Al-Fassi Abdelkader, 1324a: 229), though it is clear that the husband kept the entire payment.
Women also took on other tasks such as weaving, raising children, milking, churning butter, collecting butter in skins, irrigating, cooking, and sifting flour (Al-Fassi Abdelkader, 1324a: 362). Despite handling all these duties, in some rural areas, women were denied their inheritance, in violation of Islamic law. They were also deprived of what they had helped build through their hard labor. It is surprising to see such unjust denial! Sometimes, they were even forced to make donations to their brothers. On this matter, a question was posed to Abdelkader al-Fassi asking whether donations made by sisters to their brothers were valid, whether made voluntarily or on request. He replied:

> "... As for donations made by sisters and aunts, the imams have responded that in a town where it is customary for women to be excluded from inheritance, their donation is invalid, and they or their heirs can claim their share whenever they wish. This is generally the case for women in rural areas. However, if they live in a town where they are not deprived of their inheritance and rights, then their donation and renunciation are valid..." (Al-Fassi Abdelkader, 1324a: 193).

This behavior can be explained by men's desire to keep property within the family, fearing that women's inheritance would introduce "outsiders" into family assets. Additionally, some believed that rural women played an active role in wealth creation, particularly in the mountainous regions of northern Morocco, where women contributed more than men. Ibn 'Ardoun's fatwa stated that a woman in the rural areas of Ghumarah, who works alongside her husband and contributes to wealth creation, is entitled to her share of what she helped produce according to her efforts. Other jurists from the Ghumarah mountains had previously issued similar rulings, while others disagreed, arguing that her work falls within her marital duties (Al-Jidi, 1994). This topic is independent of inheritance.

At times, women were subjected to degrading and humiliating treatment, showing great contempt from men, as seen in the case submitted to Abdelkader al-Fassi:

> "A man made a solemn oath to another, who had a son, declaring: 'If your son does not strike his wife with a hundred blows of a stick, I will never speak to you again.' What is the response, O master, in this situation? The father affirmed: 'I struck her,' though no one witnessed it. Can he be believed, and is the oath maker released from his vow? Can a single witness or a woman testify to the beating, or are two witnesses necessary? Furthermore, he made the following oath: 'If you do not bind your wife for three days, with her hands behind her back,' and he executed this order in the presence of two women. Does 'day' refer only to the period from dawn to sunset, or are nights also included? Are two witnesses sufficient to release the oath maker from his vow?" (Al-Fassi Abdelkader, 1324a: 33-34).

Not only did this man fail to challenge the absurdity of the oath, but he went so far as to satisfy the other man's demand by beating his wife, binding her, and
seeking witnesses to ensure compliance with the terms of the oath. This is abnormal
behavior with no foundation in Islamic law.

Another example of humiliation towards women is found in a case where "it is customary that when a man is accused of being involved with another man's wife, ten of his relatives must swear to divorce their wives. If they refuse to swear, they fear for their lives and possessions..." (Al-Fassi Abdelkader, 1324a: 280) leading to the unjust divorce of a woman for a crime she did not commit, a supreme humiliation!

Due to ongoing conflicts and turmoil, rural men often grouped their wives in
a single bed out of fear for their safety. A question was posed regarding this:

"Rural men place their wives in one bed and justify this act due to their poverty, fear of thieves, or fear that those left alone might commit adultery. Are their excuses valid, and should we allow them to continue this practice, considering they are choosing the lesser of two evils when faced with inevitable harm?"<fnref n="1" /> (Al-Fassi Abdelkader, 1324a: 334).

Because of natural disasters, rural women often suffered more than men did. In addition to being forced to migrate to cities without companions, they faced many challenges in their daily lives, such as marrying without proof of their husbands' deaths or the expiration of their waiting period (al-‘Iddah), which could put them in a difficult situation, as shown by this question:

"Our master and role model, the pious and righteous scholar Sidi Abdelkader, we ask for your guidance regarding the rural women who have come to the city during this year of famine<fnref n="2" />, claiming that their husbands have died. We do not believe them without proof, and if they cannot provide proof, they are not allowed to remarry until their situation is clarified. If we demand evidence that they cannot provide, they fear for their honor and the risk of falling into adultery. Would it not be better to marry them off, even if they have not completed their waiting period (al-‘Iddah)?" (Al-Fassi Abdelkader, 1324a: 89-90).

These types of problems faced by rural women multiplied during the year mentioned, which was 1063 H, when a great famine struck. At that time, meat cost four *mouzounat* per *râtel* (approximately 0.45359237 kg), chickens also cost four *mouzounat*, and even carrion was consumed. Death spread throughout the streets (Al-Qadiri, 1955, 2: 67).

A man might also abandon his wife and disappear, leaving her to face these problems alone. She could then claim to be divorced, as in the case submitted to Abdelkader al-Fassi concerning a woman in 1063 H who claimed divorce during the famine, remarried, and then her second husband died. She was married again, and her third husband divorced her. After living with her fourth husband for five years, her first husband returned, denying the divorce. She had no tangible evidence except

<footnote n="1">¹ There is a difference of opinion on the issue within the Maliki school of thought. As for necessity, it has a different ruling. In his response, Abd al- Qadir al-Fassi (1955: 346) stated that 'in cases of necessity, one should limit it to only what is needed.</footnote>

<footnote n="2">² It was a year of a great famine in the year 1063 AH (Al-Qadiri, 1982, 2: 67).</footnote>
for oral testimonies. Could these testimonies be accepted after seven years, even though this period is relatively short due to the forgetfulness caused by famine and widespread unrest, which erases evidence more quickly than the usual twenty-year period required for the validity of oral testimonies? Or should the full twenty-year period be waited for? (Al-Fassi Abdelkader, 1324a: 333).

What we have mentioned illustrates how some rural men viewed women and their disregard for women's rights during this period. However, it is important to note that this pertains to a specific sample described in *al-Nawâzil al-Kubrâ*, and it should not be generalized.

It was also common among rural women to have a tattoo on their chins called "al-Siyâlah" for cosmetic purposes. Abdelkader al-Fassi was asked whether this practice fell under illicit tattooing (Al-Fassi Abdelkader, 1324a: 15), and he responded that it was indeed illicit and that those who practiced it were cursed (Al-Fassi Abdelkader, 1324a: 17). This question was asked repeatedly, with the inquirer clarifying that it was a common practice among women at that time, as well as among certain men of weak character (Al-Fassi Abdelkader, 1324a: 331).

## 2 Mariage Celebrations

By following the responses of Abdelkader al-Fassi, we were able to identify several traditions related to marriage in Moroccan society during the 11th century of the *Hijri* calendar, some of which are still practiced today, such as...

1. It is common for the father to gift his daughter's jewelry on their wedding day. If he fears he may pass away, he entrusts this task to a reliable person, and the jewelry is not considered part of the inheritance. This is explained in a *Nazilah* presented to Abdelkader al-Fassi concerning "a man who entrusted his wife with the responsibility of his children, both daughters and sons. He had designated certain pieces of jewelry to gift one of his daughters, according to custom, and had given them to the mother, who sometimes wore them. After his death, before the daughter got married, the mother assessed everything, including the items intended for the daughter, and excluded them from the inheritance while setting aside the rest for the other heirs" (Al-Fassi Abdelkader, 1324a: 62).

2. In certain regions of Morocco, it is customary to hold a wedding banquet the night before the wedding. Some felt uncomfortable with this practice and wrote to Abdelkader al-Fassi, asking, "The custom here is to hold the wedding banquet the night before the wedding, contrary to the recommended practice of holding it after. Is it necessary to redo it after the wedding night?" (Al-Fassi Abdelkader, 1324a: 37).

3. In the northern tribes, it is customary to consider the "Maklah" (a meal offered) as part of the dowry. If the wife recovers this amount from her guardian, the husband may reclaim it. This issue was addressed in a question where it was asked:
"And what the guardian takes from his daughter's husband, called (al-Maklah), if the wife recovers it from her guardian or not, is this considered part of her dowry? Does the total dowry that the woman receives, including al-Maklah, constitute the entire dowry? For example, if her dowry is set at one dinar, plus half a dinar
in Maklah, does this mean that the total dowry is one and a half dinars — which seems like the obvious interpretation, although I acknowledge my ignorance in this matter? Or, if al-Maklah is counted as part of the dowry and the woman recovers it from her guardian, does the husband have the right to reclaim it from his wife, given that the dowry is only one dinar, as some claim the rule in the tribes of Habt stipulates?" (Al-Fassi Abdelkader, 1324a: 222-223).

4. The tradition of transporting women in a ‘*Amariyah*’ (palanquin) during the wedding night continues in many regions of Morocco. A conflict arose between a groom and the bride’s family on this matter, leading to a question being posed to Abdelkader al-Fassi:

> "The tradition of carrying women in the ‘*Amariyah*’ (palanquin) during the wedding night is still practiced in several regions of Morocco. A dispute occurred between a groom and the bride’s family regarding this custom, leading to a question being sent to Abdelkader al-Fassi. The question was ‘Is it permissible to carry women in the ‘*Amariyah*’ without causing any harm to the men who carry them? Or does this pose a problem and is forbidden, as those carrying the women might describe their weight to other men and joke about it?’" (Al-Fassi Abdelkader, 1324a: 37-38).

5. It is also common to offer money to musicians during weddings (Al-Fassi Abdelkader, 1324a: 38), probably to encourage them to continue playing.

6. Among women only, it is customary during weddings for each guest to give money to the musicians, and this is announced out loud, so everyone knows what they have contributed. If the woman who gave money later organizes a wedding, the first guest will reciprocate the gesture (Al-Fassi Abdelkader, 1324a: 38).

### 3. Social Relations

Moroccan society at the time of the study comprised several groups, including Arabs, Berbers, *dhimmis* (non-Muslims living under Muslim protection), and slaves. In what follows, we will attempt to shed light on some aspects of the relationships between them, as well as the mental image formed regarding certain communities.

#### 3.1. The Berbers

Through the responses of Abdelkader al-Fassi, we can observe how Moroccan society perceived the Berbers. The questions from those seeking advice paint a negative image of them. For instance, it is mentioned that they were known for their consumption of alcohol. One of the questions raised addressed this point:

> "What is the ruling regarding the ‘*Samit*’ that the Berbers bring from the mountains and sell in the cities? You are aware of their condition, how much they consume alcohol and handle it. Their containers are generally made of earthenware, leather, or wood, materials often used for alcohol. Should we assume purity or contamination? This has become a widespread issue" (Al-Fassi Abdelkader, 1324a: 55-56).
In another question, a shocking practice is described: during weddings, they consume alcohol while invoking the name of the Prophet. The inquirer reported:

"What is the divine ruling regarding certain Berbers who have an abominable habit, close to disbelief, or even manifest disbelief? During their weddings, they take a jar full of alcohol out of the house and carry it while singing praises of the Prophet, from the house to the celebration venue, all the while carrying this impurity and invoking the name of the Prophet. Please provide a detailed response to this question, and mention everything that comes to your mind in terms of warnings, sermons, and explanations about the greatness of the Prophet (peace and blessings be upon him), as well as the reverence for his name and invoking blessings upon him in such a context. I have seen this in our region, and we now wish to write to them based on what you provide us, instructing them to abandon this condemnable, reprehensible, and detestable habit. If they obey our instruction, so much the better; otherwise, we will discharge ourselves of any responsibility, and their sin will fall upon them" (Al-Fassi Abdelkader, 1324a: 231-233).

They were also known for their rebellious spirit. While Ibn Khaldun praised their human virtues, the chronicler al-Zayani remarked: "Only the Berbers of the desert remain, isolated in the arid lands, who know neither betrayal nor deceit" (Al-Zayani, 1412: 74-75). We believe this negative perception stemmed from the turmoil that prevailed in the country at the time. It is impossible to believe that all Berbers were like this, as among them were virtuous people and scholars whose names have left a mark in history.

## 3.2 The Dhemmis

While Muslims suffered greatly after their expulsion from Al-Andalus due to Christians, the dhimmis in Morocco enjoyed their rights and lived their daily lives in peace. Here is a description of their situation...

1. The Jews were known for their mastery of commerce, which they largely dominated, particularly in areas such as customs, sugar, saltpeter, and tobacco. They were disliked not only by European merchants but also by Moroccan Muslim traders. Only the English competed with them, having established a base for their "Berber Company" in Marrakech (Harakat, 1993, 2:381). The resentment of Moroccan Muslim merchants toward the Jews can be explained by two reasons: the superiority of Jews in the commercial domain and their often dishonest practices. This is illustrated by a question posed to Abdelkader al-Fassi regarding the sale of copper disguised as silver to the Jews, and the deceptions in trade:

"A man whitens copper until it almost resembles silver, then adds a fifth or a sixth of pure silver and sells it to the Jews. He explains his process to them, clarifies that it is his work, and specifies how much silver he added. The Jews, being the most knowledgeable in such matters, are well informed about silver, copper, and other metals. They accept what he sells them and buy it knowingly. The Jews
habitually craft jewelry, such as bracelets, earrings, and anklets, from such materials and others. If they do not buy these items, they make similar ones themselves and sell them to Arab and Berber Bedouins, claiming that they are silver. They guarantee the authenticity of the merchandise to the client, asserting that they sold only silver, and the Bedouins accept it. The sale is made without weighing, but rather based on the agreed amount" (Al-Fassi Abdelkader, 1324a: 21-22).

2. In the city of Sefrou, neighboring Fes, the dhimmis were renowned for their soap production, which they sold to Muslims. A question was posed about whether this was permissible, as some believed it might be unlawful (Al-Fassi Abdelkader, 1324a: 396). This shows that commercial relationships between Muslims and dhimmis were frequent, and the latter felt safe among their Muslim neighbors.

3. This tranquility sometimes led certain individuals to become insolent, even to the point of openly criticizing Islam. A question was sent to Abdelkader al-Fassi regarding this:

> "Praise be to Allah. Our noble leaders, defenders of Islam with courage and fervor, we seek your enlightened response regarding a dhimmi who, in the market, said to some Muslims: 'You were only prescribed to fast for one day, but you made a mistake regarding that day, so now you fast for a month. Then you also erred regarding the month, so now you fast sometimes in summer, sometimes in winter, sometimes in spring, and sometimes in autumn.' He repeated this for several days. Then a member of the descendants of the Prophet passed by the place where he worked and where he rebelled against the Muslims. When he heard this, he asked him: 'What are you saying?' The dhimmi repeated his words, and filled with zeal for Islam, he brought the matter before the judge..." (Al-Fassi Abdelkader, 1324a: 326).

4. In addition to this individual who defied Allah and His religion, there were others who outwardly displayed genuine loyalty toward Muslims, speaking the truth and acting honestly – only Allah knows the hidden intentions. This attitude influenced social relations with some of them. A case was submitted to Abdelkader al-Fassi concerning the death of a dhimmi. It was mentioned in a conversation with a group of Muslims, and one of them said: "This Jew was a good man; he spoke the truth and acted righteously. May Allah have mercy on him." This statement was made sincerely, and the questioner sought to know the religious ruling on this matter (Al-Fassi Abdelkader, 1324b: 311-312).

5. Due to the good conduct of Moroccan Muslims toward the dhimmis, some of them embraced Islam willingly (Al-Fassi Abdelkader, 1324a: 316). It is therefore not surprising that questions were raised regarding the desire of non-Arabs to learn the Quran. One such question was about the possibility of writing the surah Al-Fatiha in non-Arabic letters to facilitate their learning, with the aim of performing prayer correctly.
## 4. Manifestations of Popular Beliefs

Due to widespread ignorance in certain rural areas, several unfounded beliefs spread among the people, with some being perpetuated by tribal leaders for material gain. Here are a few examples of such practices:

### 4.1. Conversion of Legal Punishments Into Financial Fines

Tribal leaders took advantage of the naivety of the inhabitants by making them believe that anyone who committed an act requiring a legal punishment (had) could escape it by paying a sum of money. On this topic, someone wrote to Abdelkader al-Fassi to ask: "What is your response, O master, regarding the leaders of certain rural areas who tell people: 'Whoever commits a serious offense must pay two dinars, or even more, and whoever steals must give such an amount.' Is this permissible or not?" (Al-Fassi Abdelkader, 1324a: 187). This practice exploited the people's credulity without hindering the intellectual activity of the country, which, despite political unrest, was not affected.

### 4.2. The Spread of Religious Innovations (Bid'ah)

One of the innovations that spread during this period was a practice associated with the large mosques of Fes, especially the Qarawiyyin Mosque, on the 27th night of Ramadan. The authorities would select individuals with beautiful voices to lead the prayer, even if they were not qualified for the role of imam, simply because of their vocal quality. Sometimes, they would even choose a child who had not yet reached puberty, and crowds would gather just to hear his voice. Once the prayer was over, people would leave the mosque, uninterested in the prayer itself, their sole objective being to listen to the beautiful voice. Many remained seated without praying, and no one reprimanded them for this. On the contrary, the mosques were decorated, lights were multiplied, and some even brought food to enjoy while listening to the pleasant voice (Al-Fassi Abdelkader, 1324a: 252-253).

## The Economic Aspect Through Al-Nawazil Al-Kubra

### 1. Craft, Trade, and Commerce

By studying the responses of Abdelkader al-Fassi, it is possible to discover certain aspects of the commercial activities of his time, particularly in crafts, buying, selling, leasing, and currency exchanges.

#### 1.1. Regarding Crafts

The main economic activities were agriculture and commerce—this is clearly visible in most of Abdelkader al-Fassi's responses—as well as the storage of grains, where the operator was called "al-Tammar" (Al-Fassi Abdelkader, 1324a: 92). There was also the craft of copper whitening (Al-Fassi Abdelkader, 1324a: 21), bookbinding (Al-Fassi Abdelkader, 1324a: 401), tailoring, manuscript copying (Al-Fassi Abdelkader, 1324a: 401), and paper production (Al-Fassi Abdelkader, 1324b: 355).

Due to wars with the Christians and the social realities of the time, a particular profession emerged: the liberation of captives from the hands of non-believers, financed by the funds of Sidi Abu al-Abbas al-Sabti (buried in Marrakech), which
came from charitable donations (al-Waqf). This is evident from a question sent to Abdelkader al-Fassi regarding a reputable man whose profession was to liberate Christian captives using money from the Waqf. A question was posed to him on this matter: "Does he have the right to receive a salary for this work? If some of the money intended for the captives was lost, is he required to reimburse it?" (Al-Fassi Abdelkader, 1324a: 23). It is likely that other funds allocated to this type of work existed elsewhere.

The profession of "retriever of escaped captives", where a man would bring back escaped captives in exchange for a reward (Al-Fassi Abdelkader, 1324a: 84), was a temporary job, not sustainable in the long term.

## 1.2 Regarding Buying and Selling

Various common behaviors at the time can be observed, including:

a. A common practice among sellers was that a person would sell a shop to someone for less than its value but without ceding possession, preferring instead to lease it to the buyer so that others would not notice their situation (Al-Fassi Abdelkader, 1324a: 36). Abdelkader al-Fassi discussed the prevalence of this practice in his response to a question on the matter, where he stated:

> "...What is happening in our time, and which has become a very widespread practice, is that a person sells a house, for example, for a thousand dinars—when it is worth four thousand or five thousand— and imposes on the buyer the condition of returning it to them once they have the agreed amount. Then the buyer leases the house to the seller before even taking possession and the seller continues to live in it, while the buyer collects the fixed annual rent. This is illicit, as it is clear usury. The formal contract they concluded has no validity, as the rental income is considered illegal gain in this corrupt transaction" (Al-Fassi Abdelkader, 1324a: 41).

b. There was competition among people to rent Waqf lands that were not assigned to specific beneficiaries, even at a high price, because these lands were preferred over those allocated to specific individuals. This was because the contracts for the former were concluded for an indefinite period, while those for the latter were time-limited. Thus, in the first case, a person could build or plant without fearing that they would be asked to remove their buildings or plants after a certain period, unlike in the second case, where the owner of the land could request this at the end of the contract.

> "...Evidence of this is that people often say that public lands (under Waqf management) are 'the small sanctuary,' and they often prefer to rent private lands over Waqf lands, even though the fees for a Waqf land are higher. They conclude rental contracts for ten years and can finish their constructions before the period ends. This is clear enough not to require further proof..." (Al-Fassi Abdelkader, 1324a: 295).
c. There was also competition among people to buy *Jalsat al-Hanut*<fnref n="3" /> and mills. It was customary to sell these spaces and establish contracts, and the buyer had the right to exploit them themselves or delegate them to someone else. However, in the 11th century of the Hegira, particularly the owners of charitable foundations (Waqf), that a person who acquired a contract could not be evicted and would be maintained in their rights unless a dispute arose, established a rule. This rule was established because of the benefits they saw in it (Al-Fassi Abdelkader, 1324a: 296-297).

d. The use of transaction-based sales, where the item in question was co-owned by several partners and one of them wished to sell their share. They would then offer this item to a potential buyer, then go to their partners to see if they wanted to buy or sell their share, without any further delay (Al-Fassi Abdelkader, 1324a: 233-234).

**1.3. Regarding Currency**

It is considered a means of commercial transactions.

Some individuals began minting their own coins and became illicitly wealthy by deceiving Moroccans by not adhering to the correct weight. As a result, people began talking about "complete" and "incomplete" Dirhams, and transactions started being based on the weight of the coins rather than their quantity. Those with "complete" Dirhams received extra payment, while those with "incomplete" Dirhams had to pay an additional amount to cover the difference (Al-Fassi Abdelkader, 1324a: 123-124).

Due to the diversity of currencies in circulation, some rural inhabitants refused to use certain coins, which were deemed to be of lower quality, such as the *Malikite* Dirhams. They only accepted the ‘Ubahiyah and *Abdellawiyah* Dirhams. As a result, those wishing to trade with them, but possessing only *Malikiyah* coins, had to turn to money changers and pay the difference between the two currencies (Al-Fassi Abdelkader, 1324b: 388-389, 147-148).

**2. The Foundations of Agricultural Production**

**2.1. Lands**

Land ownership in Morocco varied between private lands (Al-Fassi Abdelkader, 1324a: 81), Waqf lands (Al-Fassi Abdelkader, 1324a: 80-81, 395), state-

<footnote n="3">³ It is said: *Jalsat Al-Hanut* and its tools (*Al-Ma'un*), and they are synonymous. The intended meaning of *Jalsat Al-Hanut*, as commonly understood, is that one purchases their right to sit and remain in the shop, along with anyone entering on their behalf, such as a buyer, a *Wahib* (donor or giver), an heir, or others, continuously and permanently, similar to renting land for planting or building, where the landowner cannot evict the planter, and only has the right to charge rent according to the times and customs. The meaning of *Al-Ma'un* refers to the purchase of the shop's equipment, with the condition that it remains permanently. If any of the equipment deteriorates, the buyer can either repair it or leave it. The original owner only has the right to charge fair rent. Thus, both terms refer to the same concept. However, using *Al-Ma'un* is more appropriate for shops that require tools, like spice or grocery shops, while using *Jalsat Al-Hanut* is more fitting for shops without tools. This was mentioned by: Mayarah. (Al-Fassi Abdelkader, 1324a: 294).</footnote>
owned lands, and communal lands in rural areas, which were used by the local inhabitants.

Land ownership evolved due to the natural behavior of society members, external events, and the various political upheavals affecting the country. We will attempt to trace these changes as follows:

1. Division of properties into shares due to inheritance and sales (Al-Fassi Abdelkader, 1324a: 81, 232).

2. The transformation of some agricultural lands into building plots (Al-Fassi Abdelkader, 1324a: 81), which led to a reduction in cultivated land.

3. Some individuals acquired lands granted to them by kings, either as usufruct – in which case the recipient could neither sell nor divide the land without the imam's permission, and no preemptive rights were allowed. Whenever a new king was designated, the authorization had to be renewed for the person in possession of the land – or as full ownership, where the beneficiary could manage the land as any landowner would (Al-Fassi Abdelkader, 1324a: 136, 305).

4. Lands were sometimes usurped due to the unrest and revolts affecting the country. A question posed to Abdelkader al-Fassi illustrates this well: “... Is there anything lawful left in this world? Moreover, if we say there is none, what should one do if burdened by this? What is the ruling regarding usurped lands? Does the sin fall on the first usurper or on all those who benefit from it?” (Al-Fassi Abdelkader, 1324a: 301) Usurpation did not only affect private lands but also extended to *Waqf* lands, such as those designated as cemeteries, which were plowed without regard for their sanctity (Al-Fassi Abdelkader, 1324a: 80-81).

5. Waqf of lands for cemeteries, mosques, and schools, whose revenues were used for the renovation and restoration of *Waqf* properties, as mentioned in one question:

> "... What has been decided in this Idrissid city is to combine all *Waqf* properties from its mosques and schools into a single entity under the supervision of one individual, linking everything to the great mosque. This administrator oversees all mosques, and when construction work or other essential needs arise in a mosque, he directs funds from the *Waqf*'s revenues to it. He may either construct it if needed or renovate it, and his responsibility extends to all mosques until they are fully equipped with all necessary items, such as mats, oil for lamps, etc., based on the principle that what is dedicated to Allah can be used for various divine purposes. The same applies to schools. The revenues of these mosques are unequal, and the income of the larger ones often does not cover the necessary repairs. This system has existed for over a hundred years. Some of the previous administrators fulfilled their duties with success and efficiency, while others, being incapable, neglected their duties, allowing repairs to accumulate without addressing them... Today, this is how things work: some mosques are fully maintained with all they need in terms of construction, mats, oil, and other necessities, even though the revenues of these mosques, taken individually, would not suffice to cover these expenses. Others,
on the contrary, are neglected and ignored, even receiving only a small amount of oil per month, while their revenues are greater than those of other mosques that are fully equipped. Some mosques, moreover, were not even present during the original formation of the *Waqf...*" (Al-Fassi Abdelkader, 1324a: 320-321).

6. Many *Waqf* lands in rural areas were neglected, leading some people to claim ownership of them, as happened with many *Waqf* properties (Al-Fassi Abdelkader, 1324a: 22), especially those that did not provide any significant benefit to their administrators (Al-Fassi Abdelkader, 1324a: 200).

7. To preserve and enhance the value of *Waqf* lands in rural areas, they were allowed to be used under a system of sharecropping, as this encouraged tenants to care for the trees and crops, ensuring the proper management of the *Waqf* lands (Al-Fassi Abdelkader, 1324a: 200).

### 3. Livestock And Agricultural Equipment

Owning agricultural land is often linked to the possession of livestock and agricultural equipment, with differences depending on the farmers' capacities, ranging from small to large farms, with more or less abundant seeds.

Natural, social, political, and economic conditions had a significant impact on this situation, particularly due to the loss of livestock and equipment caused by natural disasters such as earthquakes (Al-Qadiri, 1982, 1: 261), floods (Al-Qadiri, 1982, 1: 216, 2: 9), and diseases (Al-Qadiri, 1982, 2: 29, 31), as well as by land usurpations (Al-Fassi Abdelkader, 1324a: 9). This led to a decline in livestock, making the rental of oxen for plowing common in rural areas, in exchange for a set quantity of crops. It is not surprising when we find the widespread practice in rural areas of renting oxen for plowing in exchange for a specified amount of crops, with the renter using the oxen to plow all of their land (Al-Fassi Abdelkader, 1324a: 130, 200).

The same circumstances caused a shortage of seeds, forcing small farmers to collaborate in sharing resources: seeds, labor, land, and oxen (Al-Fassi Abdelkader, 1324a: 211), to plow and plant their fields, with the harvests being shared according to their agreements. The crops were often stored in granaries and warehouses for future use (Al-Fassi Abdelkader, 1324a: 27, 73, 128).

Some lands belonged to a farmer, while another, provided the seeds and labor with the harvest divided equally between the two, according to common practices. The sharecropping contract typically lasted for one year, renewable (Al-Fassi Abdelkader, 1324a: 132-133), although some workers were paid a fixed salary without claiming a share of the harvest. However, these agreements often made orally and without written contracts, could lead to disputes if misunderstandings arose between the parties (Al-Fassi Abdelkader, 1324a: 94, 132-133, 211).

The above shows that the revenues from agricultural land were insufficient to meet the population's needs. And even when they were available, they were often confiscated by usurpers, leading to periods of high inflation, such as in 1022 H (Al-Qadiri, 1982, 1: 197), 1035 H (Al-Qadiri, 1982, 1: 265), 1071 H (Al-Fassi Abdelkader, 1324a: 100), and 1072 H (Al-Qadiri, 1982, 2: 129), as well as the great famine of 1063 H (Al-Qadiri, 1982, 2: 67).
## CONCLUSION

This study uncovers a new dimension to the value of *Nawazil* books, especially *Al-Nawazil al-Kubra* by Abdelkader al-Fassi, as a non-traditional research tool that provides profound insights into the social, economic, and political aspects of Islamic societies across certain historical periods. The uniqueness of this research lies in revealing previously unknown details about daily life, power struggles, and social relations—elements vividly reflected in documented fatwas that were not intended to recount historical events but rather to address real issues faced by the community.

## Shocking Findings

One of the most striking discoveries of this study is the documentation of types of local divisions and conflicts unrecorded in traditional sources, shedding light on an unexpected level of social and economic decline. The study also reveals the complexity of social dynamics faced by the population, including tribal divisions and conflicts of interest, which directly impacted societal stability and highlighted the central authority's weakness to a greater extent than documented in historical texts.

## Scientific Contribution

This study introduces a new perspective by analyzing *Nawazil* books as sources of social, political, and economic information. The findings enhance our understanding of these fatwas not merely as legal rulings but as firsthand accounts reflecting the social and economic realities of the time. The study confirms that these fatwas can serve as an unconventional reference, offering details unavailable in direct historical sources. Thus, it makes a scientific contribution that challenges traditional understandings of the role of legal texts and underscores their value in shedding light on hidden social and economic dimensions within Islamic history.

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