Hiroyuki Yanagihashi - The Concept of Territory in Islamic Law and Thought

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ISLAMIC AREA STUDIES

SERIES EDITOR

Sato Tsugitaka

Published

Volume 1

SLAVE ELITES IN THE MIDDLE EAST AND AFRICA:

A COMPARATIVE STUDY

Edited by Miura Toru and John Edward Philips

Volume 2

THE CONCEPT OF TERRITORY IN ISLAMIC LAW AND THOUGHT

Edited by Yanagihashi Hiroyuki

Forthcoming

THE MANAR JOURNAL AND THE MANAR SCHOOL
Edited by Kosugi Yasushi

ISLAM AND POLITICS IN RUSSIA AND CENTRAL ASIA
Edited by Stphane Dudoignon and Komatsu Hisao

THE OTTOMAN STATE AND LOCAL SOCIETIES IN CHANGE
Edited by Hayashi Kayoko and Mahir Aydin

THE INFLUENCE OF HUMAN MOBILITY
Edited by Kuroki Hidemitsu

Islamic Area Studies

The Islamic Area Studies Project plans to do multidisciplinary research on Muslim societies in both the Islamic and non-lslamic worlds, by reflecting the fact that areas with close ties to Islam now encompass the world. This series presents the important new knowledge and debate achieved through international joint research about Islam as a religion and civilization, particularly emphasizing comparative and historical analysis. The series will hopefully provide multifaceted, useful information to deepen the readers understanding of the Islamic world.

Project Leader: Sato Tsugitaka

The University of Tokyo

THE CONCEPT OF TERRITORY IN ISLAMIC LAW AND THOUGHT

Edited by

Yanagihashi Hiroyuki

First published in 2000 by

Kegan Paul International Limited

This edition first published in 2009 by
Routledge

2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN

Simultaneously published in the USA and Canada
by Routledge

270 Madison Avenue, New York, NY 10016

Routledge is an imprint of the Taylor & Francis Group, an informa business

Kegan Paul, 2000

Transferred to Digital Printing 2009

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

ISBN 10: 0-7103-0725-X (hbk)

ISBN 13: 978-0-7103-0725-5 (hbk)

Publishers Note

The publisher has gone to great lengths to ensure the quality of this reprint but points out that some imperfections in the original copies may be apparent. The publisher has made every effort to contact original copyright holders and would welcome correspondence from those they have been unable to trace.

CONTENTS

LIST OF CONTRIBUTORS

Japanese names are given using the surname first.

Heideh Ghomi	Post-Doctor, Center for Middle Eastern Studies, Goteborg University, Goteborg, Sweden. Islamic Mysticism, Culture and Civilization.
Michael Lecker	Associate Professor, Department of Arabic Language and Literature, Hebrew University, Israel. Pre- and Early Islamic History.
Iik A. Mansurnoor	Senior Lecturer, Department of History, University of Brunei, Darussalam, Brunei. Islam in Modern History, Southeast Asian Islam.
Nakamura Taeko	Ph. D. Student, Graduate School of Humanities and Science, Ochanomizu University, Japan. History of Syria in the Middle Ages.
Ohta Keiko	Associate Professor, Faculty of Letters, Hokkaido University, Japan. History of Syria in the Early Islamic Period.
Tetz Rooke	Researcher, Department of Asian and African Languages, Uppsala University, Sweden. Modern Arabic Literature.
Brannon M. Wheeler	Associate Professor, Department of Near Eastern Languages and Civilization, University of Washington, Seattle, USA. Islamic Law, History of Religions.
Yanagihashi Hiroyuki	Associate Professor, Department of Islamic Studies, University of Tokyo, Japan. Islamic Law.

PREFACE

This volume, the second to be issued in the Islamic Area Studies series, contains papers originally read at the first session of an international symposium entitled Beyond the Border: A New Framework for Understanding the Dynamism of Muslim Societies, headed by Professor Haneda Masashi of the University of Tokyo. The symposium was held from the eighth to the tenth of October, 1999 at the Kyoto International Conference Hall in Kyoto.

The symposium committee had decided to have a session dedicated to the concepts of territory and border in Islam at the beginning of the symposium, and many interesting papers were submitted to it. The order in which the papers were read at the symposium has not been followed here, and some of the presentations have been omitted. The papers have been rearranged so as to comprise three parts.

The first, Classical Concepts of Territory, contains articles aimed at clarifying and analyzing topics related, in one way or another, to the Muslims perception of the border between their territory and that of the others. The articles of Wheeler and Lecker can be considered attempts to shed light on the psychology of Muslims during the period of the great conquest before the dichotomy of dr al-Islm/dr al-arb was established. Yanagihashis article describes the inner structure of dr al-Islm as conceived by jurisprudents (fuqah). Ghomis article analyzes a mystical vision of territory based on the works of Jalal al-Din Rumi.

Articles by Ohta and Nakamura constitute the second part, Muslims in the Face of Dr al-arb, centered on the relationship between Muslims and neighboring Christians, whose relationship was characterized simultaneously by warfare and co-existence. The two articles tackle questions of how Muslims behaved in the presence of Christian unbelievers.

The articles contained in the third part, Transformation of the Concept of Territory, focus on the changes which the classical Islamic concept of territory has undergone in a milieu more or less alien to that in which it evolved. Iik A. Mansurnoors article describes interactions between the shari and traditional Southeast Asian concepts of territory. Rookes article is a detailed analysis of Kurd Alis Khitat al-Sham, which represents a concept of territory developed in the modern Middle East.

The editor wishes to express profound gratitude to all contributors to the present volume. Thanks are also due to the members of the Islamic Area Studies Project and the staff who organized and arranged the International Symposium in Kyoto, and particularly to Professor Miura Toru (Ochanomizu University), Ms. Shimoyama Tomoko (Japan Society for the Promotion of Science), and Mr. Sekimori Yasuhiro and Dr. Gaynor Sekimori, who helped to compile the present volume.

June 2000

Yanagihashi Hiroyuki

Part One

Classical Concepts of Territory

From Dr al-Hijra to Dr al-Islm: The Islamic Utopia

Brannon M. Wheeler

In his history, Abu Jafar Muhammad b. Jarir al-Tabari (224310 A.H.) preserves an unusual report concerning the dying instructions of the first Umayyad Caliph Muawiya b. Abi Sufyan. The report is given on the authority of Abd al-Ala b. Maymun, on the authority of his father.

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