al-Jubayri
- Died
- 378 AH
- Born in
- Cordoba
Abu Ubayd al-Jubayri (c. 312–378 AH / 925–988 CE) was an Andalusian Maliki jurist, hadith scholar, and judge from Tortosa who settled in Cordoba . He is best known for al-Tawassut bayn Malik wa Ibn al-Qasim ("Mediation Between Malik and Ibn al-Qasim"), an intra-school comparative legal treatise examining doctrinal disagreements within al-Mudawwana .
Lineage and Early Life
His full name was Abu Ubayd al-Qasim ibn Khalaf ibn Fath ibn Abd Allah ibn Jubayr al-Jubayri al-Turtushi, and some biographical entries also give his kunya as Abu Abd Allah . His family originated from Tortosa, though he was raised and educated in Cordoba . He was reportedly born towards the end of 312 AH (c. 925 CE) .
Education and Career
Al-Jubayri began seeking religious knowledge at an early age and traveled to the Islamic East alongside his father, performing the Hajj and spending thirteen years abroad . In Cordoba, he studied under Qasim ibn Asbagh . During his travels, he heard hadith in Jeddah from al-Husayn ibn Humayd al-Nujayrmi, studied under scholars in Egypt and the Levant, and proceeded to Iraq, where he attached himself to Abu Bakr al-Abhari and studied Maliki jurisprudence under him .
Upon returning to al-Andalus, al-Jubayri attained high stature under the Umayyad caliph al-Hakam al-Mustansir, who accommodated him in Madinat al-Zahra . He served as a leading figure on the consultative council of jurists (ahl al-shura), where legal circles gathered to debate jurisprudence under his direction . According to Ibn Hazm, he presided as judge over Valencia and Tortosa , whereas Ibn al-Faradi reports that when al-Mustansir appointed him over Tortosa, al-Jubayri asked to be relieved of the post, prompting the caliph to instruct the local judges to consult him instead . Among those who transmitted from him were Abu Bakr ibn Zuhr and Mu'awiya ibn Hisham .
Scholarly Standing
Andalusian biographers praised al-Jubayri for his analytical acumen. Ibn al-Faradi observed that analytical legal comprehension (diraya) outweighed mere transmission (riwaya) in his scholarship . Ibn Afif commended him as a scholar of hadith and jurisprudence who was a skilled, meticulous disputant and an accomplished writer . Ibn Mufarrij described him as one of the righteous scholars, noting his literary refinement, sharp intellect, fine penmanship, and versatile erudition . By contrast, Abu al-Hasan ibn al-Qarrab reported that while al-Jubayri memorized much hadith, he narrated baseless reports on the authority of al-Baghandi, and criticized his doctrinal positions .
Trial, Imprisonment, and Death
In 368 AH, during the reign of Caliph Hisham al-Mu'ayyad and his regent Ibn Abi Amir (al-Mansur), al-Jubayri was accused alongside Abd al-Malik ibn al-Mundhir al-Balluti and a circle of scholars of conspiring in a revolt led by Abd Allah ibn Abd al-Rahman al-Nasir . When interrogated, al-Jubayri denied all involvement, citing hadith traditions that forbid breaking allegiance and causing civil discord . Ibn Abi Amir ordered his confinement in the subterranean Matbaq prison in Madinat al-Zahra, where he remained for approximately ten years .
Al-Jubayri died while imprisoned in the Matbaq in 378 AH (988 CE), as recorded by Ibn Mufarrij . Ibn al-Faradi alternative dates his death to 371 AH, noting that he died at sixty-two years of age .
Answer updated
List of Works
This fourth-century AH legal treatise belongs to the genre of intra-school comparative jurisprudence, examining internal juristic differences within the Maliki school found in al-Mudawwana. It specifically focuses on substantive legal rulings where Ibn al-Qasim disagreed with Malik ibn Anas, analyzing a total of 44 legal issues alongside the evidentiary bases and rationales underpinning each stance.