SULTAN’S ABSENCE: THE VACUUM OF POLITICAL AUTHORITY AND LATE MāLIKī JURISPRUDENCE

Abstract This article explores the implications of the absence of central political authority on Islamic jurisprudence in pre-colonial Mauritania. It examines how Saharan jurists, in the absence of a sultan, assumed de facto authority to uphold shariʿa, thereby legitimizing the local Muslim community and its internal alliances. These jurists adapted Mālikī jurisprudence to the socio-political and economic challenges particular to the desert environment, using flexible principles and tools of ijtihād. This adaptability enabled them to address complex legal issues, including interactions with mustaghriqī al-dhimma, management of tributes imposed by the Banī Ḥassān, the adoption of pecuniary penalties in place of retributive measures to prevent tribal conflicts, and the expansion of the ʿāqila concept. Furthermore, their approach facilitated the controversial recognition of French colonial rule. The study highlights the intricate relationship between shariʿa and siyāsa and commends further research into the nawāzil heritage of the Mālikī school, to deepen our understanding of how Islamic jurisprudence adapts across diverse political contexts.