Ibn Qaddah
- Died
- 734 AH
- Born in
- -
Abu Ali Ibn Qaddah (d. 734 AH / 1333–1334 CE) was a Tunisian Maliki jurist and judge, renowned for his legal responsa compiled in al-Masa'il al-Fiqhiyya .
Life and Career
Umar ibn Ali ibn Qaddah al-Hawwari al-Tunisi, known by his kunya Abu Ali, belonged to the Hawwara tribe and lived in Tunis . He pursued his legal training under prominent scholars of his era, studying jurisprudence under Abu Muhammad al-Zawawi, Abu al-Qasim ibn Zaytun, and Abd al-Hamid ibn Abi al-Dunya al-Sadafi al-Tarabulsi .
Ibn Qaddah taught at al-Madrasa al-Shamma'iyya and held several judicial appointments in Tunis . He served twice as the judge of marriage contracts (qadi al-ankihah) and acted as deputy to Chief Judge Ibrahim ibn Abd al-Rafi' before being elevated to chief judge (qadi al-jama'a), though his tenure in the chief judgeship was brief . During his judicial tenure, he appointed approximately fifty notaries (udul) at once across various towns; when questioned about the large number, he explained that it provided relief for the public and afforded opportunities for dedicated students who had endured poverty and hardship away from their families .
He maintained a well-known public legal consultation session every Friday at the al-Zaytuna Mosque, where he would lean against one of its pillars after the prayer to deliver fatwas; upon answering forty questions, he would conclude the assembly . The traveler Ibn Battuta observed this customary practice firsthand when visiting Tunis during the reign of Sultan Abu Yahya .
Scholarly Standing and Students
Ibn Qaddah was regarded alongside Ibn Abd al-Rafi' as the primary authority for legal consultation and Maliki jurisprudence in Tunis, possessing extensive knowledge of both legal theory (usul al-fiqh) and substantive law . He was noted for his sharp memory, quick comprehension, and ascetic personal conduct . His legal opinions were compiled by his contemporaries and later transmitted in collections of cases and fatwas .
Among those who studied under him or transmitted from him were Ibn Arafa, Burhan al-Din al-Safaqusi, and Abu Muhammad Abd Allah ibn Muhammad ibn Zayd al-Hajjaji . He was also visited in Tunis by Ali ibn Muhammad ibn Farhun .
Death
Ibn Qaddah died in 734 AH (1333–1334 CE), after which he was succeeded in the judgeship by Ibn Abd al-Salam . Another report places his death on the Day of Arafah in 736 AH (1336 CE), shortly after he departed an audience with the Sultan, noting that he lived into his eighties .
Answer updated
List of Works
Mulhaq Fatawa li-Ibn Qaddah lam tatadammanha Masa'iluhu (Supplement of Fatwas of Ibn Qaddah Not Included in His Masa'il) is a collection of legal responsa (fatwas) and judicial rulings in Maliki jurisprudence that were omitted from the primary compilation, Masa'il Ibn Qaddah. It brings together discrete rulings delivered during a judicial tenure in Tunis alongside consultations with contemporary scholars, addressing specific practical cases across various areas of law such as transactions, ritual purity, scribal practices, and public morality.
al-Masa'il al-Fiqhiyya (The Jurisprudential Issues), commonly known as Masa'il Ibn Qaddah, is a collection of legal rulings and fatwas in Maliki jurisprudence. The work gathers legal inquiries and opinions presented by the public and answered in accordance with the prevalent and authoritative position (al-mashhur) of the Maliki school, covering standard chapters of substantive law such as ritual purity, prayer, funerals, and financial transactions.