Crime and punishment in the medieval Maghreb from the seventh century AH to the tenth century AH / 13-16 AD : An attempt to read history through the idiosyncratic and core texts in historical yearbooks

Abstract

In this article, we attempt to address an important topic that has been absent in historical studies of the Middle Maghreb (Algeria) during the medieval period. The subject is that of "Crime and Punishment" during the historical era extending from the seventh to the tenth century Hijri. We aim, through this analysis, to combine jurisprudential and historical texts—that is, between the material provided by books of Nawazil and Fatwas, and the textual content found in historical annals. The books of Nawazil, judicial rulings, and Fatwas are considered a fundamental source for reformulating historical research on the Middle Maghreb in the medieval era. What is truly noteworthy in this study is the existence of jurisprudential texts in books of Nawazil and Fatwas issued by jurists of the Islamic West during the medieval period concerning crimes and punishments, while sources of historical heritage neglected to address this topic, making it virtually forgotten in these sources, as writings about it are absent among ancient Muslim historians. Therefore, we can pose the following questions: 1/ To what extent can jurisprudential texts provide us with historical information about prevalent crimes in the Middle Maghreb and the punishments applied during this period? 2/ Did the material contained within these texts encompass all segments of society, or was it limited to certain groups without others?

In our study, we relied on several primary sources and references closely related to the research subject, of which we mention "Al-Mi'yar Al-Mu'rib wa Al-Jami' Al-Mughrib 'an Fatawa Ahl Ifriqiya wa Al-Andalus wa Al-Maghrib" by Ahmad ibn Yahya Al-Wansharisi. we also relied on Al-Maghili, Abu Yahya Isa ibn Yahya ibn Isa in his book "Al-Muhadhdhab Al-Ra'iq fi Tadrib Al-Nashi' min Al-Qudat wa Ahl Al-Watha’iq. Another source was "Tuhfat Al-Nadhir wa Ghunyat Al-Dhakir fi Hifdh Al-Sha'a'ir wa Al-Nahy 'an Al-Manakir" by Al-Uqbani Al-Tilimsani, edited by Ali Al-Shanufi.

Among the important references we borrowed and that benefited the research are "Crimes and Punishments in Crusader Society in the Levant in the 6th-7th Century AH/12th-13th Century CE" by Ahmad Abdul Wahid. Additionally, we used "Jurisprudential Nawazil and History—Possibilities of Exploitation and Difficulties of Employment Through Algerian Nawazil" by Professor Belbachir Omar. We also used "Jurisprudential Nawazil and Society: Research in the History of the Islamic West from the 6th to the 9th Century AH/12th-15th Century CE" by Professor Muhammad Fatha. Our research is based on the narrative and descriptive approaches through which we identified the causes of crime, penal provisions, and their application. The findings of the study indicate the following results: First, the study demonstrates that the causes leading to criminal behavior in Central Maghreb cannot be attributed to a single factor but rather to political, economic, and social reasons; second; the study highlights how conflicts and even wars among members of the ruling Zianid family, along with their attempts to tighten their grip on power in Tlemcen, weakened the state entity and negatively affected security within Central Maghreb society, leading to an increase in crimes; third, the present research indicates that social factors present in Central Maghreb during this period also contributed to the spread of crimes. Ultimately, the study reveals that Central Maghreb society in the medieval period experienced variousذtypes of crimes similar to those found in other societies.