الفقهاء والسلطة في المغرب

Abstract

This study discusses the relationship between the jurists and the state in Morocco from 558 – 184 A.H. (800 – 1163 A.D.). The study consists of four chapters. It begins with a review of the most important references and ends with the significant findings. The study reviews how the jurist transforms from a religious teacher to a religious reformer who seeks to educate his followers according to a certain methodology. In the meantime he seeks to possess military power so as to impose his religious doctrines and by extension the power of the state. The relationship between the jurists and the political authorities significantly developed in medieval Morocco. It had its impact on the religious and political life of the medieval Morocco, marked the country with special characteristics, as distinguished from other countries. It revealed a strong association between religion and state to the extent that we can not find a state, which was not affiliated to one sect or another. The Malikia jurists during the era of the Independent States relied upon a political authority from outside the intellectual and political system. Therefore, their alliance with the princes was a temporary and a short one, prompted by certain circumstances. Besides, the jurist was not involved in coronation of the princes, so, in most cases he was subject to persecution and harassment of the prince. Under the legitimized jurisprudence of the allied jurists to the ruling authorities, the opposing jurists were subject to all kinds of punishment lashing, defamation, expulsion, and assassination. On the other hand, the prince during his first days in office needs support and loyalty of the jurist. But he will not tolerate criticism and legal challenges to his authority. The character of the jurist developed in Arabian Morocco in the second phase after the appearance of the jurist as a reformer who used to educate his followers in such away that might unify them and bring them close to his altitude and religious philosophy. This resulted in absolute obedience of his followers. Then a transformation from the stage of the assimilation of ideas and teachings to the phase of the state. To foster and impose his reformist philosophy through which he defines religion doctrines, the jurist excludes and regards others as a deviation that needs reform. The jurist’s method in pursuing his goals was different. He used to adopt a distinctive methodology to educate his followers . The era of Morabiteen and Mowahideen witnessed considerable development in the relationship between jurists and the ruling authorities. The state was structured upon the alliance of the reformist jurist and tribal chief or prince, in which the jurist was regarded as the legislative religious authority and the prince as the military one. The Maliki jurists of the Morabiteen era constituted an influential body particularly in outlining the intellectual and philosophical sphere of the state. They approved what they saw valid and good, censored and burnt all the scientific writings which could have challenged their political status. Al Mahadi Ben Tomert was different in his reformist methodology from his predecessors since he followed a new doctrine in his teaching and philosophy that concentrated on the concept of "Tawheed" doctrine. Moreover, he claimed Mahdism and perfectibility. He crowned himself as a fanatical ruler and imposed reformist doctrines. In his doctrines he relied upon theological and ideological discourse, which he indorsed as his theoretical background to legitimize his policies as well as to reform religion. The rise of Mowahideen state upon Al Mahdi Ben Tomert doctrines represented the peak of the relationship between the jurists and the political authority. The jurist was not only a religious reference for the state but also an organizer of the military forces which were formed from his followers. Moreover, he chose the military commander who led forces in war. This methodology was adopted so as to foster and impose the Caliphs’ reformist doctrines.