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The texts ends on a long lesson in arithmetic ilmu hisab, pp. Thus the book seems to be an original compilation drawn upon a great number of sources.
If such is the case, it probably implies that Jalaluddin studied in the Middle East, as such a wide range of sources would have been unavailable in Aceh at the time. Jalaluddin does not refer to Abdurrauf: The Safinat al-Hukkam is not structured in that way, and it cannot be used to immediately show all articles pertaining to one topic—and this might be an indication that the book is indeed original. The only way to make it usable is to learn it by heart.
But this was no real problem for the scholars of the time. Arabic terms are used as such, more or less adapted to local phonology. Moreover, a special idiom has developed from the time of Islamisation to talk about religion and more particularly to translate the Koran as well as Arabic handbooks in that field.
Talking about another book by Abdurrauf, the Tarjuman al-Mustafid, written ca. The student of a Koranic school in Aceh in the past had to study, under the supervision of a teacher, religious texts written in Kitab Malay, whereas he most probably never in his life read a book written in classical Malay: In other words, for such a student, classical Malay simply did not exist.
Translating Islam 43One of the first tasks of the ulamas who carried out the transmission of the fundamentals of the religion of Islam in Aceh was to translate: Basically, Kitab Malay is the result of the utmost literal translation of Arabic texts or a discourse thought in Arabic. The borrowing of Arabic technical terms was unavoidable: Malay simply did not have the vocabulary corresponding to the extremely numerous and sophisticated notions of Islamic sciences.
The importance of this Arabic vocabulary is thus one of the characteristics of Kitab Malay, but it is not what defines it. Hamzah Fansuri uses the same vocabulary, while he writes in classical Malay. Talking about the Taj al-Salatin, a mirror for princes written in Aceh, and mostly translated from the Persian, in the first years of the 17th century, 13 R.
Winstedt belonged to a generation of scholars preoccupied to define and to impose a linguistic norm: The Minangkabau writer Muhammad Rajab in his famous memoirs Semasa Kecil di Kampung, complained about the style of religious texts he had to study: The reason for this lies in the fact that all these religious authors thought in Arabic; and when they translated their versions were slavishly literal It is a form of language often thought of as characterized by an unthinking, mind-numbingly painful literalness, without any literary dimension or appeal.
He is writing in what is better referred to as a religious register of Malay, a register to which he is making his own considerable contribution.
It is a register that is distinctive and legitimate, even though its norms do not always coincide with those of other registers of the language. The Arabisms in vocabulary and syntax have given it depths and resonances in a manner analogous to that in which the King James Bible, with its studied Hebraisms, has contributed to the development of a style, features of syntax, and vocabulary immediately recognized as constituting a religious register in English. It is evocative, powerful, and effective for those within the tradition to which it gives voice There are in fact several possible reasons for using a literal translation to render a foreign language.
The most evident is the will to be faithful to the source text: Such is the thesis of P. Riddell ;who recalls that literal translations are frequent in the translations of holy scriptures, in Islam as well as in Christianity and Buddhism, aiming at a rendition as faithful as possible of sacred texts. Even when the sense of the message is rendered with perfect accuracy, something is lost with the loss of the Arabic language. Words are inaccurate and the original Arabic terms are maintainedsyntax too is inappropriate and Arabic word order and syntactic devices are maintained too.
To paraphrase James Siegel According to Riddell, Abdurrauf has applied to Malay a translation technique he has learned at that time. Beside the various justifications that may have been put forward, it is necessary to mention the possibility, in the case of ancient texts written in Aceh, that their authors had a perception, and even a mastering, of Malay totally different from what it would be centuries afterwards.
They have been written by Acehnese for whom Malay was a second language learned in Koranic schools, or by foreigners who did not all master Malay as Nuruddin did.
It is worth remembering W. Fathurahman extends this eventuality: They may even have lost the aptitude to differentiate which words had, or had not yet, entered Malay vocabulary The purpose of this method is to explain the meaning of the Arabic text and simultaneaously to teach Arabic grammar see Azra, This tradition has such an importance in the pedagogical system that in modern times publishers in Java and even in Cairo started publishing Arabic texts with interlinear translation of this type see an example in Yahya, The particularity of the Koranic schools system is that it is institutionalised, organised, codified and systematised.
The aim is not to offer quality translations, but rather to give access to Arabic texts through a Malay vocabulary. Johns has pointed to this oral and didactic aspect of Kitab Malay, as used by Abdurrauf Johns, Arabic script is indeed sacralised as much as the language.
The analogy between Jawi alphabet and Kitab Malay is not a metaphor: Braginsky foregrounds this argument: Arabic is the language of the Book and that which embodies truth and all sciences. Malay is by nature inferior; any effort to modify it by some kind of Arabisation can only better it.
It is an insult to the intelligence to suppose that a man with no education can become clever by his own effort. Is it not a fact that all races of this world, except the Malays, do learn their own language? Malay had a high status in Aceh in the 17th century, at least in the fields of politics and culture, where it was regarded as superior to Acehnese.
But in the religious domain, Malay could not compare with Arabic and had to be improved. No indication of status is really to be seen, but it is indeed possible that the fuqaha regarded themselves as a specific social group 14 and maintained a variety of Malay that distinguished them from other groups, an idiom that made their texts somehow cryptic and thus enhanced the prestige of their science inasmuch as it was not accessible to the common man. Kitab Malay as an Alternative 69The numerous studies on Malay religious texts, especially texts about mysticism from Aceh in the 16thth centuries, sometimes give the impression that all Malay texts in the religious field are written in the same idiom heavily influenced by Arabic vocabulary and grammar, that is, Kitab Malay.
Religious writers, in fact, use very different registers. Kitab Malay is one of the idioms used to talk about religion in Malay, but it is not the only one. This is not the place for such an analysis, but a few benchmarks can easily be marked. It is thus common to regard as ancient texts those contained in the few manuscripts collected by European travellers aound But in fact we do have much more ancient texts: Then, inC.
This new date certainly disrupts our knowledge of Acehnese Sufism. It has been accepted by a number of historians and Islamic scholars, but certainly not all of them. Teuku Iskandar in what is probably his last published article chose not to decide: It has been stated repeatedly e. Johns has underscored the novelty of this prose compared with that of the literary narratives epic, fictitious, historical of the period: For with the religious literature that developed as a consequence of the coming of Islam, a conscious attempt was made, for the first time, to make the language express something new, and there was a systematic effort to fashion Malay into a genuine intellectual currency in its own right The rational aspect of modern Malay is rather the product of the cultural revolution of the 19th century, notably the development of education and the rise of printing and newspapers.
Even prior to Hamzah, but outside the religious field, a number of literary texts had been adapted from Arabic and Persian, probably in Pasai in the 14th c. Only a very few of his Malay texts are available. The first of them, i. Its editor, Naguib al-Attas, comments that: This text is the first interlinear translation we know, i.
The next text again, the Sufi tracts from early 17e c. A cursory examination of four of them, namely Bustan al-Salatin, books I—IV Nuruddin,; Grinter,Asrar al-Insan Tudjimah,Hujjat al-Siddiq al-Attas, and Khabar Akhirat dalam hal kiamat Nuruddin,shows that they are all written, generally speaking, in excellent classical Malay even if some passages of the Bustan, probably translated by someone else, are in clumsy Malay, see Wormser, The next author is Jalaluddin al-Tarusani, who, as we have seen, also uses Kitab Malay.
A glance at some of them only shows that Kitab Malay, in more or less soft or hard versions, seems to be more and more in use: We see that the formulation of Islamic sciences in a special mixed idiom heavily influenced by Arabic syntax is not a necessity; Kitab Malay is not inescapable, and it is not the choice of every author; it is the choice of individual authors at certain times.
Therefore, it must be admitted that the eccentric aspect of Kitab Malay is the result of a deliberate choice, or at least an accepted one. It seems likely that the difference between religious books written in Kitab Malay or in classical Malay corresponds to the distinction between books intended for collective study in schools and those meant to be read.
This is to say that Hamzah and Nuruddin were writing books to be read, whereas Abdurrauf and Jalaluddin were writing books to be studied. The Adat Meukuta Alam, a collection of royal edicts, a number of which were allegedly issued by Iskandar Muda r. One example from the second work is: Maka sekaliannya itu menyempurnakan bagi maksud dengan dibangsakan. Dan keluar pula yang mengantarai, etc. In other works, Raja Ali Haji is renowned for his use of a brand of classical Malay. This stresses once more the opposition between classical Malay and Kitab Malay in terms of reading books as opposed to study books.
In the cases just mentioned the reason why the Malay utilised is influenced by Kitab Malay is that the authors were santri students in Islamic sciences educated in religious schools or even in the Middle East.
Judicial Practice in Aceh 86The fiqh compendiums written in Aceh in the 17th and 18th centuries are handbooks on the way to apply sharia considered as one of the sources of the law. Nevertheless, it is important that he gives to the first a place among the elements that will allow judges to take decisions: The word adat has three different meanings in Aceh: Islamic law does not replace traditional law; adat and fiqh do not necessarily oppose each other; none is exclusive; they can be complementary see Hadi, This attitude is expressed in a famous maxim, quoted by Djajadiningrat Their very existence could thus be an indication that sharia was enforced in Aceh at that time.
And this is precisely what says the Malay historical text regarding that period to which is ascribed a certain degree of reliability, the Bustan al-Salatin book II, chap. Therefore, it is useful to see whether historical sources at our disposal, local as well as foreign, confirm such a situation.
Information on this topic in Banten during the same period are even more scarce see Bruinessen, a: Records of fatwa from the period are all but non-existent, while copies of pre-modern judicial decisions are very few: A similar Malay source, but infinitely more modest, in which is found information about judicial procedure as well as some verdicts, is represented by a manuscript coming from the religious court in Pontianak West Borneo in the s and s see Chambert-Loir, Consequently, Allah created rats that began to bore the dam, which stood between two mountains and had pipes which the people could open when they wished and get as much water as they wanted.
This is the 'Arim dam.
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Thus did Allah let their gardens sink and their trees disappear, changing them into khamt, 2 tamarisk and some few jujube trees. Seeing what happened, Muzaikiyah i. Thereupon a one-eyed and deaf man of al- Azd, named Jidh', made an attack on a 'Akk party and destroyed them.
This resulted in a war between al-Azd and 'Akk. The Azd, after being defeated, returned and charged, in reference to which Jidh' composed the following verse: Hence their name, Ghassan. There they fought and won the victory over Hakam. But it occurred to them to move, and they did, leaving a small band behind. The next place they came to was Najran. Here they met resistance from the inhabitants of the place but finally won the victory.
After settling in Najran they departed with the exception of a few who had special reasons to stay. Al-Azd then arrived in Makkah which was populated with the Jurhum tribe.
They made their abode in Batn-Marr. Tha'labah the son of 'Amr Muzaikiya demanded of Jurhum that the plain of Makkah be given to his people. This request having been refused, a battle ensued in which Tha'labah got control of the plain. Tha'labah and his people, however, realized after this that the place was unwholesome, and found it hard to make their living in it; so they dispersed, one band of them leaving for 'Uman, another for as-Sarat, another for al-Anbar and al-Hirah, another for Syria and 17 one band chose Makkah for abode.
This made Jidh' say: Ye are on the point of becoming the tail among the Arabs. They settled outside the city where they grew and increased in number and became so strong as to drive the Jews from Yathrib. Thus they came to live inside the city and the Jews outside of it. Some say she was a Ghassanide of al-Azd tribe, others say she was of 'Udhrah tribe. In pre-Islamic times, the Aus and the Khazraj saw many battles which made them trained in warfare.
They became so used to fighting that their valor spread far, their courage became well known, their bravery was often cited and their name became a source of terror in the hearts of the Arabs, who feared them. Their possessions were well guarded against encroachment, and their neighbor was well protected; and all that was preparatory to the fact that Allah wanted to have them support his Prophet and to honor them by lending him aid.
It is reported that at the arrival of the Prophet in al Madinah he wrote an agreement and made a covenant with the Jews of Yathrib. The first land that the Prophet conquered was that of the banu-an-Nadir. The Prophet once accompanied by abu-Bakr, 'Umar and Usaid ibn-Hudair came to the banu-an-Nadir who were Jews and solicited their aid for raising the bloodwit of two men of the banu-Kilab ibn-Rabi'ah who had made peace with him and who were killed by 'Amr ibn-Umaiyah ad-Damn.
The Jews refused to comply, and announced hostility.
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Thus did all the possessions of the banu-an-Nadir become the property of the Prophet. The Prophet used to sow their land planted with palm-trees and thus provided for his family and wives for one year. With what could not be consumed, he bought horses and arms. This occurred in the year 4 of the Hegira.
According to al-Wakidi, one of the banu-an- Nadir, Mukhairik, was a learned rabbi and he believed in the Prophet and offered him all that he possessed, which was seven palm-gardens surrounded with walls.
This the Prophet set apart as sadakah-land. The seven gardens are: Other versions of the conquest. Al-Kasim ibn-Sallam from az-Zuhri: The attack on the banu-an-Nadir, the Jews, took place six months after the battle of Uhud. The Prophet pressed the siege until they agreed to evacuate the city stipulating that they take with them whatever utensils their camels could carry with the exclusion of the coats of mail.
And He is the mighty, the wise! He it is who caused the unbelievers among the people of the Book ", etc. Those referred to are banu-an-Nadir. By " Ye pressed not towards it with horse or camel.
But Allah giveth his Messengers authority over whomsoever He willeth ", 6 Allah showed that it is wholly assigned to the 1 Ya'kubi, vol. The Prophet then parcelled 19 out the land among the Emigrants. But when Sahl ibn- Hunaif and abu-Dujanah mentioned their poverty, he gave them a share.
As for the text: According to a tradition I received from Muhammad ibn-Hatim as-Samin on the authority of ibn-'Umar, the Prophet burnt and cut down the palm-trees of the banu-an-Nadir in reference to which Hassan ibn-Thabit says: Abu-'Amr ash-Shaibani, among other reporters, holds that the above-quoted verse was composed by abu-Sufyan ibn-al-Harith ibn-'Abd-al-Muttalib and that its wording is as follows: They were given the Book but they lost it.
Thus with respect to the Taurat they are blind and erring. The Prophet used to spend their annual income on his family and invest what was left in horses and arms to be used in the cause of Allah. The possessions of the banu-an-Nadir he reserved for use in case of misfortunes that might befall him.
Those of Fadak were reserved for wayfarers. Those of Khaibar he divided into three portions, two of which he divided among the Moslems and the third he reserved for his and his family's expenses, distributing what was left after the expenses to the needy among the Emigrants. Al-Husain ibn-al-Aswad from az-Zuhri: The possessions of the banu-an-Nadir were among the things that Allah assigned to his Prophet.
The Moslems " pressed not towards them with horse or camel. EEassan ibn-Thabit, Diwan, p. When the Prophet secured the possessions of the banu-an- Nadir, who were the first he made to evacuate the land, Allah said: If ye therefore desire, I will divide these [newly acquired possessions] and what ye already possess among you and the Emigrants. But if ye desire, keep ye your possessions and I will divide these [newly acquired ones] among the Emigrants alone.
Al-Husain from Hisham ibn- 'Urwah's father: The Prophet assigned as fief to az-Zubair ibn-'Auwam a piece of the banu-an-Nadir's land planted with palm-trees. The Pro- 1 Koran, The Prophet assigned as fief to az- Zubair a piece of the banu-an-Nadir's land planted with palm-trees. Abu-Bakr assigned to az-Zubair as fief al-Jurf.
Anas in his tradition says the land was dead. The Prophet besieged banu-Kuraizah for a few days in dhuKa'dah, and a few days in dhuHijjah, of the year 5, the whole time being fifteen days. Finally they surrendered and he installed Sa'd ibn-Mu'adh al-Ausi as their ruler.
The latter decreed that every adult 2 be executed, that women and children be carried as captives and that all that they possessed be divided among the Moslems. When the Prophet was done with 22 the battle of al-Ahzab, he went into the wash-room in order to wash. There Gabriel appeared to him and said, " Muhammad, thou hast laid down thy arms; but we have not yet. Hasten against the banu-Kuraizah.
Banu-Kuraizah were presented to the Prophet with the result that those of them who had attained to puberty 1 were executed and those who had not attained to puberty were spared. Huyai ibn-Akhtab put to death with his son. Wahb ibn- Bakiyah from al-Hasan: Huyai ibn-Akhtab made a covenant with the Prophet agreeing never to assist anyone against him and mentioned Allah as surety for the covenant. When he and his son were brought before the Prophet on the day of Kuraizah, the Prophet remarked: Bakr ibn-al-Haitham from Ma'mar who said: I once asked az-Zuhri whether the banu-Kuraizah had any lands, to which he replied directly, " The Prophet divided it among the Moslems into different shares.
The Prophet divided the possessions of the banu-Kuraizah and Khaibar among the Moslems. Abu-'Ubaid al-Kasim ibn-Sallam from az-Zuhri: The Prophet pressed the siege against banu-Kuraizah until they surrendered to Sa'd ibn-Mu'adh who decreed that their men be executed, their children be taken as captives and their possessions be divided.
Accordingly, a certain number of men were put to death on that day. Its people contended with him, delayed him and resisted the Moslems. So the Prophet besieged them for about one month. They then told the Prophet, " We have special experience in cultivation and planting palm-trees," and asked to be allowed to remain in the land. The Prophet granted them their request and allowed them one-half of the fruits and grains produced saying: During the caliphate of 'Umar ibn-al-Khattab, a pestilence spread among them and they mistreated the Moslems.
Al-Husain ibn-al-Aswad from Muhammad ibn-Ishak who said: The Prophet took its fifth and divided the land among the Moslems. The Prophet came to the people of Khaibar and fought them until he drove them to their castle and captured their land and palm-trees.
They then capitulated on the terms that their blood be not shed, that they evacuate the land and be entitled to all that their camels could carry, and that the Prophet be entitled to the gold and silver and arms. They, however, hid a leather bag in which were kept money and jewels belonging to Huyai ibn-Akhtab.
This bag Huyai had brought to Khaibar on the occasion 24 of the expulsion of the banu-an-Nadir. Moreover, Huyai was killed before that.
At last Sa'yah said: The Prophet, thereupon, put the two sons of abuHukaik to death, one of whom was the husband of Saf iyah, s the daugh- 1 Hisham, p. Moreover, he captivated their children and women and divided their possessions because of their breach of faith. The Pro- phet also wanted to expel the banu-Khaibar from the land but they said, " Let us stay in the land to repair it and manage it. Banu-Khaibar accused him to the Prophet charging him with partiality in estimation and of- fered to bribe him.
To this he [' Abdallah] replied saying, "Do ye enemies of Allah mean to give me unlawful money? As for you, I hate you more than monkeys and pigs. My hatred to you and love to him, however, shall never stand in the way of my being just to you. Once the Prophet, noticing a green spot in the eye of Safiyah, daughter of Huyai, asked her about it, and she said, "As my head lay in the lap of ibn-abiHukaik, I saw in my sleep as if a moon fell in my lap.
When I told him of what I saw he gave me a blow saying, 'Art thou wishing to have the king of Yathrib? Consequently, 'Umar divided the land among those of the people of Hudaibiyah who had taken part in the battle of Khaibar. The forts of Khaibar. The Prophet besieged the people of Khaibar in their two fortresses al-Watih and Sulalim.
When they felt that their destruction was sure, they requested the Prophet to let them off and spare their lives. The Prophet had already taken possession of all their property 2 including ash-Shikk, an-Natat and al-Katibah together with all their forts except what was in the above-mentioned two.
Khaibar and another are meant who could not be subdued by the Persians and Greeks. The division of Khaibar. The Prophet divided Khaibar into thirty-six shares and each share into a hundred lots. One-half of the shares he reserved for himself to be used in case of 1 Hisham, p. According to this, the Prophet's share included ash-Shikk with an-Natat and whatever was included within them.
Among the lands turned into wakf 1 were al-Katibah and Sulalim. When the Prophet laid his hands on these possessions, he found that he had not enough 'amils 2 for the land. He therefore turned it over to the Jews on condition that they use the land and keep only one-half of its produce.
This arrange- ment lasted throughout the life of the Prophet and abu-Bakr. But when 'Umar was made caliph, and as the money be- came abundant in the lands of the Moslems, and the Moslems became numerous enough to cultivate the land, 'Umar expelled the Jews to Syria and divided the property 26 among the Moslems.
Bakr ibn-al-Haitham from az-Zuhri: When the Prophet conquered Khaibar the fifth share of it [reserved for him- self] was al-Katibah; as for ash-Shikk, an-Natat, Sulalim and al-Watih they were given to the Moslems. The Pro- phet left the land in the hands of the Jews on condition that they give him one-half of the produce. Thus the part of the produce assigned by Allah to the Moslems was divided among the Moslems until the time of 'Umar who divided the land itself among them according to their shares.
Abu-'Ubaid from Maimun ibn-Mihran: The Prophet be- sieged the inhabitants of Khaibar between twenty and thirty days. Al-Husain ibn-al-Aswad from Bushair ibn-Yasar: The Prophet divided Khaibar into thirty-six shares eighteen for the Prophet to meet the expenses of accidents, visitors, 1 Unalienable legacy to the Moslem general community. Khaibar was divided into thirty-six shares, each one of which was subdivided into one hundred lots.
Eighteen of these shares were divided among the Moslems including the Prophet, who had in addition eighteen shares to meet the expenses of visitors and delegates and accidents that might befall him.
The Prophet sent ibn-Rawahah to Khaibar who made a conjectural estimation of the palm-trees and gave the people their choice to accept or refuse, to which they replied: Ishak ibn-abi- Isra'il from an inhabitant of al-Madinah: The Prophet 27 made terms with the sons of abu-l-Hukaik stipulating that they conceal no treasure.
But they did conceal; and the Prophet considered it lawful to shed their blood.
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The people of Khaibar were promised security on their lives and children on condition that the Prophet get all that was in the fort. In that fort were the members of a family strongly opposed to the Prophet. To them the Prophet said: Ye, however, have promised me that if ye conceal a thing your blood will become lawful to me.
What has be- come of your utensils? The vessels were disinterred and the Prophet struck off their heads. The Prophet turned Khaibar over with its soil and palm-trees to its inhabitants allowing them half of the produce.