A DOCUMENT OF IBADI FIQH GOVERNING THE ARCHITECTURE OF MOSQUES ABSTRACT KEYWORDS: INTRODUCTION A variety of interesting works have been written about the architecture produced by Ibadi groups, especially in the region of MAozab. Most of these studies were particularly interested in urban organization and development . , vernacular housing . The Ibadi mosque was also addressed but the approach to this topic was mainly descriptive or historical. Research that attempted to analyze the built environment produced by Ibadi groups via the study of their legislative sources is quite rare. This is probably due to the fact that the introverted character of this community made it difficult for researchers to access the corpus of Ibadi scholarly literature in general, and specifically the legislative sources regulating the built IBADI SOURCES REGULATING PRODUCTION MANAGEMENT OF THE BUILT ENVIRONMENT AND To express any legal opinion, the Ibadi scholars refer to the texts from the Quran, then the Hadith andthe Sunnah. The third source is represented by the collection of precedent opinions expressed by previous scholars, whether accepted by consensus among scholars . or approved by only a few among them as the result of ijtihyd. The fourth reference or source of legislation is the tradition and social practice. Aourf . While the two first sources are the same for any school of thought in Islam, ijtihyd and Aourf vary from one school of thought to another. In the Ibadi School and with regard to the production and management of the built environment, there are two major references which have retained their influence for centuries. The first text is Kitybalqismahwa usyl al-aradyn, by the scholar Abyl-AoAbbys Aumad, from the beginning of the twelfth century . This book is essentially the compilation of the legal opinions of Ibadi scholars from the island of Djerba . ow part of Tunisi. It addresses settlement development and management in North Africa and the distribution of land, and relates some precedents of property conflicts between neighbors and how they could be solved . The French Orientalist Pierre Cuperly was the first researcher to reveal the content of Kityb al-qismah in his article about the social life of the Ibadis in the region of MAozab in southern Algeria and the organization of their cities . The second Ibadi reference dates back to the beginning of the twentieth century. Titled Mukhtaar al-Aoimyrah, this book was written by the Algerian Ibadi scholar Mohammad Ben Youssef Atfiyech. The same themes addressed in Kityb al-qismah would be treated in Mukhtaar al-Aoimyrah, with the addition of details about some specific topics in the field of construction such as the positioning of doors and waterspouts, giving consideration to public spaces and their users. While the Sunni school of thought has produced some major references about the jurisprudence related to the construction and management of mosques . , it was not known outside the Ibadi community that the Ibadi scholars had produced similar references. The present research revealed that a comprehensive set of regulations governing the construction and management of religious buildings in the Ibadi school of thought is indeed contained in its fiqh (Islamic jurisprudenc. After consulting many Ibadi sources and according to the accounts collected from the Ibadi scholars interviewed in this study, it has been established that Al-Muannaf and Al-nyl wa sharukityb al-nyl . , . , represent the two major references used by Ibadi scholars to address and regulate the different aspects of the communityAos everyday life. Al-Muannaf is the reference for Ibadis in Oman and Zanzibar, and Al-nyl wa sharukityb al-nyl is the reference in the MAozab valley and the island of Djerba. As it is the case for most of the Ibadi fiqh sources, the subject matter of these books, along with a number of other questions related to the community life and recommended practices, is organized into several volume streating muAoymalyt. Most of the texts related to the architecture of mosques, the process of their construction and the management of their property, are arranged under the chapter titled AuThe mosqueAos rightsAy . uqyq al-masji. AL-MUSANNAF BY ABU BAKR AHMED Abu Bakr Aumad bin AoAbdullyh bin MysyalKindyal-amadyal-Nizwy, was an Ibadi theologian from the Omani city of Nizwa. He wrote Al-Muannaf around 557 AH/1162 CE. This book is the main reference of later Ibadi theologians, especially in Oman. This makes it an important and authentic source to explore for this current research. In two of the volumes dedicated to muAoymalyt. Al-Muannaf addresses various questions regarding land use and management and how this is regulated by Ibadi laws. Issues related to the architecture of the mosques, their awqyf . and management are presented in volumes five, twelve, and especially nineteen. Analysis of these volumes yields Ibadi scholarly verdicts regarding the architecture of mosques. In the following sections, we present the most dominant of these opinions. MAIN THEMES RELATED TO RELIGIOUS ARCHITECTURE IN IBADI JURISPRUDENCE AS PRESENTED IN AL-MUSANNAF Encouraging the construction of mosques as a pious act In the religion of Islam, any place on earth could be a prayer space, as stated in several hadiths of the Prophet Muhammad (PBUH), such as: AuAnd the earth has been consecrated . o m. as a masjid . lace of prostratio. and its dust as purification. Ay. sound hadith related by Ibn Maja. However, the ideal space to perform the salyt . ormal praye. , in the opinion of all Muslim scholars, is indeed what has been dedicated and prepared for this function: the masjid . place of prostratio. , or the To illustrate this idea, the author of AlMuannaf, like other Ibadi scholars, refers to the following Quranic verses: AuIn houses . , which Allah has ordered to be raised . o be cleaned, and to be honoure. , in them His Name is glorified in the mornings and in the afternoons or the evenings Ay (Quran. Syrat al-Nyr 24:. And. AuWho is more unjust than him who forbids the remembrance of God's name in places of worship, and contributes to their ruin? These ought not to enter them except in fear. For them is disgrace in this world, and for them is a terrible punishment in the Hereafter Ay(Quran. Syrat al-Baqarah2:. All the scholars insist on the importance of the mosque in any settlement and how sacred it is, and therefore, how generous must be the divine reward expected for those who build mosques by their efforts or through their funds . Au. And based on the saying of AoAmr bin ShuAoaib, who reported it from his father: He who builds a masjid without arrogance, even if this Masjid is as small as a qatytAos nest. Allah will build for him a house in paradiseAy . Ibadi scholars believe that it is not recommended to accomplish such a pious action as building a mosque if oneAos intention is to show offto people . This position, shared by all the Sunni schools of thought includes also the very architecture of the building . Indeed, the scholars state that it is not praiseworthy to erect sanctuaries that are grandiose in their dimensions, forms, or decoration. The reason is that this kind of building diverts the attention of the worshiper away from the sacred action of prayer, and from the adoration of Allah the supreme Creator to the admiration of the artificial beauty of the space. Funding the construction, maintenance, and restoration of the mosque By reason of its sacred status in Islam, the construction, furnishing, and maintenance of the mosque must be funded from halal . The Ibadi laws mention three possible sources of funds for the mosque, whether it is a jymaAo or a masjid fard. The first source of funding is the waqf designated for the construction and maintenance of the mosque . The second is the communityAos treasury, known asbayt al-myl . The third source is the direct and voluntary participation of the communityAos members, even if they are not Muslims . , . , as long the money they offer is fromNpermissible sources. This third source of funding is only for the jymaAo. The dominant opinion among the scholars is that the community should not be asked to fund the construction of the masjid fard. instead, the funds should be taken from the bait al-myl . However, a certain number of scholars, among them Abu Bakr Ahmad, consider it necessary to encourage the community to participate in the construction of the mosque . To support their position these scholars refer to this hadith: AuCAoishah narrated:AoThe Prophet ordered his community to build mosques in the neighborhoods and to clean them and perfume them with incenseAy . All the essential components of the mosque, such as the walls, roofs, pillars, floors, stairs, and even the waterspouts . , must be funded from the money designated for its construction . The muallah . pen area for praye. , however, must not be built with the same money as the mosque. Some scholars consider that what has been designated for serving the mosque must not be used for the muallah. Similarly, money designated for the latter cannot be used in the service of the mosque . Funds dedicated to the construction of a mosque can also be used for its reconstruction if it collapses partially or entirely. the assets belonging to the mosque are not sufficient to fund its reconstruction, then the persons or institutions legally responsible for the mosque must complete its reconstruction . aryq alAemasjid: the route to the mosque Consecration of the mosque and the status of its All the Ibadi scholars consider it necessary to provide and build streets and walkways leading to the mosque . , . If the funds designated for the construction of the sanctuary or its awqyf, are insufficient, some must be used to acquire the right of transit and to build a path or street linking the mosque to the nearest main street or road . If the mosque does not possess enough money or assets, then this path must be funded by the treasury . ait al-my. If someone possesses land close to the mosque and wants to build on it, s/he must leave a passage to the mosque through his/her land. S/He could sell it to the sanctuary or, even better, offer it to the mosque as an endowment . The path of the mosque . hether it is ajymaAoor a masjidfar. must have a buffer zone . of two or three cubits . hiryAo, around one meter and a half to two meter. from each side . , . The Ibadis, like their counterparts in the other schools of thought in Islam, consider that for a building to acquire the sacredness of a mosque and be suitable to host prayers this structure must have been built with an expressed intention to make it a mosque . It is this articulated intention to consecrate it for t he worship of Allah that in Ibadi juris prudence distinguishes the sacred status of a mosque from other structures . The scholars specify that the intention must be expressed . ut loud or in oneAos min. while the first foundation stone or ay of the mosque is being laid . More recent theologians in the Ibadi school are of the view that in addition to the articulation of intention a general consensus among all the involved residents must be clearly expressed and the approval of the leading religious people . hl aldaAowa. in the city are mandatory for a construction to acquire the status of a mosque. All the Ibadi scholars adhere to the principle that a structure built with the intention to make it a mosque will keep this status forever, even after it falls to ruins. Even if a collapsed mosque is completely effaced, the parcel on which it was built keeps the status of sacred space forever . This legal opinion could help explain the great number of mosques that are still more or less preserved although no longer used, found in Oman. Djerba Island and in the MAozab. The issue of shared partitions with a mosque The question of shared partitions with mosques has been addressed by Ibadi scholars to regulate the interactions between the mosqueAos users and the buildingAos neighbors. The texts analyzed in this research deal with two major cases of shared partitions: the case of a mosque attached to a cave . , and the situation of a mosque built on the roof of a house or over a shop. Ibadi jurisprudence allows such situations under the condition that the place, once occupied by the mosque, should never be allocated to another function, even if the mosque collapses or If the construction of the mosque causes damage to the neighboring buildings, the repairs should paid for out of the budget dedicated to the construction of the mosque . The architecture of the mosque and the spaces it The documents of Ibadi fiqh consulted for this research do not speak about all the spaces that might compose a sanctuary dedicated to this ritual. Similarly, the components cited by these references are addressed with varying degrees of interest. The following section presents the most important components addressed in the Ibadi scholarly references, particularly in Al-Muannaf. a- The prayer hall: al-masjid or bait al-alyt Ibadi jurisprudence does not define any specific form for the mosque, while other Sunni schools recommend a square shape . This attitude towards the sanctuary form seems to be reflected in the wide array of forms observed in the Ibadi religious Whereas the mosques in Djerba and especially in Oman adopt regular forms, generally square or rectangular, the sanctuaries of the MAozab present more irregular and even organic shapes of mosques (Figure . The majority of scholars affirm the necessity to build the prayer hall large enough to host the number of worshipers who might use it during the congregational prayers . Some scholars, however, gave no opinions about the recommended dimensions of the prayer hall, and others did not express any prohibition against small prayer halls. Regarding the height of the sanctuary in the construction of houses higher or in elevated terrains that make them appear higher than the prayer hall . ait al-aly. , except if those structures had been built before the construction of the mosque. This aspect is reflected essentially in the great mosques in the MAozab and most of the Ibadi sanctuaries in Oman. The roof of the mosque, its height and shape The choice of construction technique and the form of the roof of the mosque has been left to the builders or whoever is responsible for the construction of the sanctuary. Thus, it is local practice. Aourf, that will be the reference in this aspect. However, the debate among the Ibadi scholars was about the height recommended for the roof of the mosque. Certain theologians argue that it is not recommended to elevate the roof of the mosque more than is necessary. They base their opinion on the fact that the Prophet Mohamad (PBUH) had expressed this same view . , . , even if there is no factual information about the height of the Prophet's mosque . Other Ibadi scholars prohibit the construction of mosques with a very low roof, which following their argument, risks to diminish the status of the sanctuary. A third group allows the elevation of the mosqueAos roof above the regular or common height of buildings in the settlement . These debates have generated some diversity in the choices adopted by the builders for mosque roofs. Their forms and heights vary from one region to another, and even in the same region fromone period to the next . c- The courtyard: aun, aruah/aru or raubah The references of Islamic fiqh give different names to the mosqueAos courtyard, which is generally used as an open-air prayer space: aun, aruah/aru or raubah. As a result, in the intense exchanges between the oriental Ibadis and their coreligionists in the Maghreb, and in the transmission of expertise between them, all these terms are widely used through out the regions that are home to Ibadism. The status given to the courtyard by Ibadi jurisprudence is unanimous. The aun of a mosque is part and parcel of it, and is considered as sacred as the sanctuary . However, the sources examined do not address the form, dimensions, or even the situation of the courtyard in the mosque. The only indication in this regard was expressed by Abu Bakr Ahmad, who stated that it is acceptable to elevate the courtyard above the street leading to it . It must be noted here that different and irregular shapes are observed in the courtyards of Ibadi mosques, even if the rectangular shape is the most common (Figure . Spatial evolution of the great mosque of Ghardaya (N. Benkar. The great mosque of Beni Izguen (Bonyte1. Figure 1: Two mosques in the MAozab The status of the minaret The awmaAoah . cell, hermitag. and the manyrah . place emitting ligh. are two components that may exist together or separately in the Ibadi mosque. They are different in their status, function and even in the etymology of their names. The Ibadi scholars are very specific regarding the status of each element. Ath-Thamyny establishes the difference between awmaAoah . he space from where the call to prayer is give. and the manyrah. This latter he considers as an annex to the mosque, serving as a watch tower or surveillance vantage point from where the guards could also communicate with other mosques far away for defensive purposes . Abu Bakr Ahmad, on the other hand, does not consider the manyrah to be part of the mosque . There is no indication in the fiqh texts about the form, height or construction materials for the minaret. Ath-Thamyny . specifies that if a awmaAoa his to be built, it must be installed in a way to face the qiblah wall or on one of its sides. The reason behind this is to avoid the muezzin having to turn his back to the qiblah while calling to the prayer, as the validity of the call to prayer depends on the position of the muezzin, among other conditions . For the Ibadi scholars, the minaret, whether it is a awmaAoah or a manyrah, is not an essential component of the mosque. They are very keen to follow the traditional construction methods and processes used by the Muslims of the time of the Prophet (PBUH) or of his companions. It is probable that the relative unimportance that the Ibadi scholars assign to the manyrah or awmaAoa his related to the fact that this element did not exist in the ProphetAos mosque. This could explain the absence of this element in all the traditional Ibadi mosques in MAozab and in a large number of those of Djerba and Oman. The status of the miuryb The miuryb is the niche that marks the center of the qiblah wall in every mosque. This element helps to orient worshipers towards the Kaaba for their prayers . During the ProphetAos life time, the miuryb in its concave shape that is known today did not exist. Therefore. Muslim scholars have different views about the form of this element. The consulted references in the corpus ofIbadi jurisprudence do not address the form, the dimensions or the construction materials of the miuryb. Abu Bakr Ahmad simply evokes the necessity to orient the mosque towards the Kaaba . However, the issue of adornment of this element has been thoroughly debated. A synthesis of this debate is presented in the section of this paper dedicated to the question of ornamentation. Architectural details and construction materials Choosing the materials for the construction of the mosque was left to the common practice in any particular community (Aour. , with the condition that these materials must be halal, pure, and belonging to the mosque or whoever has donated them to this project . Ibadi theologians agree that the sanctuary must be simply built with affordable local materials. Here again, the reference for such a legal position must have been the construction process and methods of the ProphetAos mosque in Medina. AuThe mosque of the Prophet (PBUH) was built with stones and palm trees. Its pillars were made of tree trunks planted in the ground. Its roof was out of interwoven palm leavesAy . Furnishings and lighting According toIbadi jurisprudence, carpets and other furnishings usually needed in the mosque or for the prayer . uch as bookshelves and Quran stand. are not the property of the mosque: they belong to the Therefore, they are not included in the budget dedicated to the mosque. They are usually included in another budget specifically assigned for this purpose . All the Ibadi religious sources consulted recommend keeping the mosque always illuminated, clean, and with a pleasant fragrance, so that worshipers would feel comfortable being there even at night . This recommendation is also for the mosques which might not be used at night. Lamps must be placed so that the qiblah wall or direction is easily visible. Lamps must also be located at suitable spots to allow the worshiper to perform the prayer and/or read the Quran, and to move with ease in the prayer hall without being forced to take the lamp along to light the way. Indeed, once illuminated, the lamps must not be moved. this is to avoid accidents and possibly fire in the mosque and also to avoid disturbing other worshipers who also need the light for their activities . Decoration and ornamentation of the mosque All Ibadi scholars insist on the principle of prohibiting excessive decoration or adornment in any type of construction in general, and especially in religious buildings . They consider that cleaning and repairing the mosques are their ultimate decoration . , and they encourage worshipers to respect these buildings by continuously evoking AllahAos name and supplicating while they are in the mosque . , . The interdiction of ornamenting the mosques concerns both their exterior walls and their interior spaces. Ibadi rulings prohibit any ornamentation on the fayade of the mosque, even if this decoration only consists of crenellations . With regard to the interior spaces, the scholars have specified three aspects: wall painting or carving and decoration of the floors with colorful carpets. decoration of the space by hanging up pictures or installing colorful pots. and writing, painting, or hanging up pictures on the qiblah wall. Most Ibadi scholars make a distinction in their rulings between the decoration and ornamentation of the qiblah wall and that of other walls . The majority agree that the mosque must not be ornamented or decorated with sculptures or carvings . , with pictures . or with colorful carpets, tapestries, or curtains . Some scholars however, do tolerate the decoration of the mosque even with images, as long as those latter do not contain human faces . , . These scholars refer to an older opinion about this issue expressed by Aby Muhammad who stated: AuIt is not acceptable to write QurAoanic verses or any exhortationson the qiblah wall, and it is prohibited to put pictures in the mosque. However, if these images do not show human faces, then there is no harm in performing the prayer in mosques that contain such pictures,Ay as cited in . This clear and unanimous interdiction by the Ibadi scholars to write on or paint the qiblah wall does not seem to have been observed in certain mosques in Oman, where miurybs made of stucco were decorated in various degrees of intricacy . In interviews with several contemporary Ibadi scholars, they confirmed the prohibition of ornamenting the qiblah wall, but they did not seem to have any explanation concerning those decorated prayer niches in Oman (Figure . Ornamented miuryb encrusted with porcelain bowls in The region of AAoSharqiyah (N. Benkar. Detail in The miuryb of AAoShawydhana mosque in Nizwa (Baldissira 1. Figure 2: Ornamented miurybs in Oman The uarym of the mosque and conditions for construction of new prayer spaces The mosqueAos uarym is defined in the books of Ibadi fiqh as being the distance around the mosque where it is not allowed to build another construction, plant trees or place garbage. This distance could be even wider for the location of public toilets . Furthermore. Ahmad also prohibits the construction of ovens because the smoke could affect the neighboring For this interdiction, he refers to the hadith: AuOne should not harm . neself or other. , nor reciprocate harmAy . sound hadith related by Ibn Myjah and other. It must be explained that this hadith has become a fundamental principle in the Muslim community and in the management of its everyday life. Muslim scholars in all the schools of thought, refer to this hadith in their jurisprudence regarding the development and management of the city and neighborhood problem-solving . , . Related to the concept of the uarym is the issue of building other mosques in close proximity to an existing mosque. The majority of Ibadi scholars are against the construction of mosques too close to each This is to avoid a situation in which a new mosque jeopardizes the viability of the pre-existing one . , . , . In the case where a new mosque is built close to a pre-existing one, it must be given the status of masjid siryr . armful mosqu. AuThen there are those who establish a mosque to cause harm, and disbelief, and disunity among the believers, and as an outpost for those who fight God and His Messenger. They will swear: "Our intentions are nothing but good". But God bears witness that they are liarsAy (Quran. Syrat al-Tawbah9:. The Ibadi fiqh texts have defined what could be a harmful mosque: AuMasjid siryr is the sanctuary that is built close to or facing an existing older mosque which risks being abandoned and might therefore fall into decay due to the construction of the new mosqueAy . However, some scholars consider that if the new mosque was built with a good intention and not with the aim to negatively affect the existing one, then it could be acceptable even if it threatens the viability of a pre-existing mosque. These scholars support their opinion with the principle, common in Islamic jurisprudence, that the good intention supersedes the risk of nuisance . In order to avoid the communityAos dispersion due to the construction of many mosques that are close to each other. Ibadi scholars thought about defining a minimal distance from the existing mosque to be observed in case of new construction: AuA sufficient distance . rom the initial mosqu. should be observed so that when the call for the prayer is heard by a resident, he would have the time to make the ablutions, go to the mosque on foot and arrive on time for the communal prayer without having to choose between two mosquesAy . Other scholars have used visibility . r rather, the lack of i. as a condition to allow a new mosque to be built near an existing one. None of the mosques should be seen from the other . , . If this condition is not observed, the new construction must be prohibited . However, some scholars posited some exceptions to these rules. The first exception, which is accepted by most scholars, is the need to build a new mosque closer to some worshipers who are or have become disabled or too weak to reach the settlementAos main mosque . The second exception is given to people whose homes are too far from the settlementAos mosque. The condition for this case is that the intention of the construction should not be to build a harmful mosque, but rather to accommodate the people who cannot attend daily communal prayers due to the great distance of their houses from the mosque . Despite all these rules and conditions, in our visits to a certain number of Ibadi mosques in Oman, we observed a certain number of cases where mosques are too close to each other, such as in the city of Manah . Abu Bakr Ahmad seemed to have referred to this particular case. We found reference to this particular statement of Abu Bakr Ahmad in most of the Ibadi fiqh books that came after Al-Muannaf. this latter. Abu Bakr Ahmad states: AuSome cases of proximity between mosques exist and we have not heard about their condemnation by the Yauyy bin Qysim bin Zakariyy and his son built the mosque not far from the wydi . alley, dry riverbe. , then they built Al-Jannat mosque then Masjid Al-AoAin, and the three of them are on the same streetAy . , . From what preceded, it can be deduced that these scholars, having observed such exceptions firsthand, could have understood that the scholars before them had accepted these situations as They use this conclusion as an argument for tolerating similar cases during their own time. This reflects an aspect of inter-influence mechanisms that might have taken place between the Ibadi jurisprudence and the practice of the community. Nevertheless, this remains a hypothesis that needs to be confirmed or rejected after further and more exhaustive research. CONCLUSION To conclude this analysis of the important texts of jurisprudence related to the construction and management of mosques in the Ibadi school of thought, we must stress the following aspects: Even if the documents of the Ibadi fiqh have specific authors, the content they reveal seems to have been accumulated through generations of scholarly work . The texts they contain are compilations of legal opinions about the various topics addressed. This research has shown that the document explored in this paper has been a major source for the Ibadi jurisprudence that developed after its publication, and it remains so even today. It has also been made evident that the opinions expressed by Abu Bakr Ahmad in this book were developed based on the opinions and observations expressed by scholars who preceded him. This aspect is not specific to the Ibadi school of thought: the same phenomenon is observed in the other Islamic schools of thought . On the other hand, we have seen that, although shared and accumulated by generations of scholars, these opinions were not homogeneous. some conflicts in the scholarsAo opinions were spotted . or example, the recommended height for the mosqueAos roof, the issue of multiple sanctuaries close to each other, sources of funding, and the question of ornamenting the mosqu. This variation in legal opinions indicates that in spite of its inherent conservatism. Ibadi jurisprudence gives its scholars the freedom and the tools to evolve and adapt the legislation to the transformations that the community goes through from time to time. Thus the community developed a balance between its religious convictions and rituals on one hand and its social and cultural conditions on the other, and these aspects have always influenced each other to reach this balance. As mentioned above, this study was not exhaustive and its conclusions must be regarded as It is necessary to develop the investigation further, to include all the references of the Ibadi school of thought. It would be useful to distinguish how each group has formulated its jurisprudence regarding the architecture of the mosque, and to be able to describe how the cultural and geographic characters have shaped this legal framework in each region to adapt it to its own local history, politics and social organization without negating the fundamental principles that still continue to unite the Ibadi communities throughout the Muslim world . REFERENCES