Van İlahiyat Dergisi (Jun 2025)
‘Aṣabiyya and Its Effect on Testimony in al-Māwardī’s Thought
Abstract
The term ʿaṣabiyya derived from a root meaning ‘to surround’ or ‘to encompass’, was used in the pre-Islamic (Jāhiliyya) period to refer to a community composed of kin related through the paternal line, reflecting a solidarity based on blood ties. Islam revised the pre-Islamic concept of ‘aṣabiyya into a framework based on cooperation in righteousness and goodness, as well as solidarity in preventing oppression and evil deeds, thus shifting the focus from blood ties to a religious bond. This also implies that ‘aṣabiyya, in its essence, is not entirely condemned and may have aspects that are acceptable or tolerable. Alongside the acceptable and unacceptable aspects of ʿaṣabiyya, its legal consequences have been discussed in fiqh. In this context, the approach of al-Māwardī (d. 450/1058), who addressed the subject comprehensively in the eyes of jurists, is particularly significant. He categorises ʿaṣabiyya into four types: love, ʿaṣabiyya itself, hatred, and enmity. Each category is analyzed in terms of whether it obstructs the validity of testimony and is further classified as mubāḥ (permissible), mustaḥabb (recommended), or makrūh (disliked). Al-Māwardī examines ʿaṣabiyya by emphasizing its elements of love, bughḍ (hatred), and ‘adāwa (enmity) as the critical pillars of his classification. These pillars also fall within the study areas of disciplines such as moral philosophy, psychology, and sociology. Al-Māwardī’s classification of ʿaṣabiyya clearly demonstrates how something is evaluated and ruled upon differently based on its moral, psychological, and social effects. The study highlights the connection between fiqh and ethics in al-Māwardī's aproach, as well as the meticulous and thorough manner in which an issue is analyzed to derive rulings. As a Shāfiʿī jurist, it can naturally be said that al-Mawardi’s approach to the subject is inspired by al-Shāfiʿī’s (d. 204/820) views. However, it should also be noted that al-Māwardī’s treatment of the subject is more developed and analytical. The sources for this study primarily include al-Māwardī’s study al-Ḥāwī al-kabīr as well as classical jurisprudential sources from the four schools of thought.
Keywords
