The meaning and significance of accusations of heresy are difficult to ascertain, regardless of the religious setting or historical milieu in which they appear. Scholars studying medieval European religious history have described heresy as opposition to the Christian church's doctrinal authority, emphasizing that heretics were not only religious but also political dissenters. They questioned church doctrine per se, but also, perhaps more significantly, challenged the church's authority to determine doctrine. In early Islamic history, concepts of heresy and orthodoxy are somewhat more difficult to define. After the Rashidun, there was no dominant religious voice in the community. Instead, a variety of opposing parties struggled for the right to define doctrine. In such circumstances, there could be no orthodoxy, since none had sufficient moral authority or coercive power to impose their views to the exclusion of all others. Consequently, there could be no heresy either, because heretics are simply those whom the dominant religious authority deems to be outside the bounds of orthodoxy. Only after proponents of a particular set of views gained sufficient power to impose their views on others could heterodoxy become heresy.
This paper examines the function and jurisdiction of the qāḍī during the Umayyad period, focusing on the limits of the qāḍī's power and on his relationship to other power holders in Umayyad society. Based on an examination of biographies of more than seventy Umayyad qāḍī-s, this paper demonstrates that qāḍī-s had unquestioned jurisdiction over marriage, divorce, inheritance, and other "family law". Neither local elites nor political leaders were above the qāḍī in such cases. However, the qāḍī had no jurisdiction over cases involving rebels and heretics. Nor did they determine the division of spoils. These examples suggest that the jurisdictional limits of qāḍī courts were well-established during the Umayyad period.
The Umayyad Caliphate (661–750) was the first Islamic dynasty. Muʿawiya ibn Abi Sufyan established himself as caliph in Damascus after his victory over ʿAli ibn Abi Talib in the civil war that followed the murder of ʿUthman ibn ʿAffan in Medina. Muʿawiya and his successors expanded the territory under Muslim rule dramatically. At their peak, the Umayyads ruled an empire stretching from Spain to the frontiers of China and India. The Umayyads made significant contributions to the development of the Islamic faith and to the spread of the Arabic language throughout the region. Dynastic crises, revenue shortfalls, and the limitations of an empire based on conquest ultimately led to their demise at the hands of the Abbasids in 750.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.