The Role of the Jurists and Judges in the Islamic Empire of Songhai During the Reign of King Askiya Muḥammad al-Ḥājj

The Role of the Jurists and Judges in the Islamic Empire of Songhai During the Reign of King Askiya Muḥammad al-Ḥājj Ibrahim Suleman 1 1 MS Scholar, University Islam International Indonesia.. Email: Ibra[email protected] ABSTRACT The Songhai Empire is regarded as one of the biggest and oldest empires in Africa; its formation, according to historians, dates back to the times of the Ghana Empire, in a small village by the name “Kukiya.” This small community in Kukiya started growing day after the other, until its star had risen among the warriors of the Sunni dynasty; the dynasty that had freed that community from the Malian Empire. However, this community expanded rapidly until it reached its peak and became a huge empire. More interestingly, it reached its golden age under the ruler Askiya Muḥammad al-Ḥājj, a period that witnessed a massive intellectual advancement, peace, stability, and prosperity, and above all, the establishment of Islamic governance. By examining the accounts on the establishment of the Islamic government, the praises and the credits were always in favor of King Askiya. Meanwhile, deep under, there are the judges, who stood firm and supported him, before and after he acceded to power. From this background, this paper aims to challenge the circulating narrative of attributing the establishment of the Islamic government to Askiya, while the judges had their share in this project. Further, it is not a means of undermining Askiya’s effort, but just to address the unaddressed issues regarding that. Through employing the descriptive and historical-analytical method, this paper concluded that the judges not only made contributions but also were the backbone in the establishment of the Islamic government. Article Information Received May 22, 2025 Revised June 30, 2025 Accepted July 15, 2025 Published Sep 30, 2025 Keywords: Songhai Empire Judges Askiya Islamic Governance Funding This research received no specific grant from any funding agency in the public, commercial, or notfor-profit sectors. The Role of the Jurists and Judges in the Islamic Empire of Songhai During the Reign of King Askiya Mu ḥ ammad alḤ ājj 77 Bahria University Journal of Islam and Society is licensed under Creative Commons AttributionNonCommercial 4.0 International License (CC BY-NC 4.0). https://bujis.bahria.edu.pk/ 1. Introduction “At this point, we leave Africa, not to mention it again. For it is no historical part of the World; it has no movement or development to exhibit. Historical movements in it—that is, in its northern part—belong to the Asiatic or European World…What we properly understand by Africa is the Unhistorical, Undeveloped Spirit, still involved in the conditions of mere nature, and which had to be presented here only as on the threshold of the World’s History.” 1 Georg Wilhelm Friedrich Hegel. The African continent, like others, especially the current Western part of it, which is also known as al-Sudan al-Gharbi, Bilad al-Sudan, or Bilad al-Takrur, has witnessed the rise of empires that have flourished in several forms of civilizations, including political, economic, and scholarly. The Songhai Empire is regarded as one of the biggest and oldest empires in Africa; its formation, according to historians, dates back to the times of the Ghana Empire, in a small village by the name “Kukiya.” This small community in Kukiya started growing day after the other, until its star had risen among the warriors of the Sunni dynasty; the dynasty that had freed that community from the Malian Empire. However, this community had expanded rapidly until it reached its peak and became a huge empire. More interestingly, it reached its golden age under the ruler Askiya Muḥammad al-Ḥājj, a period that witnessed a massive intellectual advancement, peace, stability, and prosperity, and above all, the establishment of Islamic governanceThe Songhai Empire is regarded as one of the biggest and oldest empires in Africa; its formation, according to historians, dates back to the times of the Ghana Empire, in the seventh century, in a small village by the name “Kukiya.” This small community in Kukiya started growing day after the other, until its star had risen among the warriors of the Sunni dynasty; the dynasty that had freed that community from the Malian Empire. However, this community had 1 Ousmane Kane, Beyond Timbuktu: An Intellectual History of Muslim West Africa (Cambridge: Harvard University Press, 2016). BUJIS Volume 01, Issue 01 78 Bahria University Journal of Islam and Society is licensed under Creative Commons AttributionNonCommercial 4.0 International License (CC BY-NC 4.0). https://bujis.bahria.edu.pk/ expanded rapidly until it reached its peak and became a huge empire. More interestingly, it reached its golden age under the ruler Askiya Muḥammad al-Ḥājj, a period that witnessed a massive intellectual advancement, peace, stability, and prosperity, and above all, the establishment of Islamic governance Although the Songhai Empire under the reign of the king, Askia Al-Ḥājj Muḥammad, was recognized for its establishment of Islamic governance and the advancement in intellectual movements, particularly the development of the Maliki school of thought. Yet, the works in this area, which focused on the establishment of Islamic governance, always sent praises to King Askia al-Ḥājj Muḥammad; meanwhile, he was just the other side of the coin; the contribution of the scholars, particularly the judges, was the second side of the coin. From this point, this paper deals with the contribution of the judges in the formation Islamic government under Askiya’s regime. This study aims to examine the relationship between the authority and the religious body (jurists) during the reign of Askia Muhammad in the Songhai Empire. And also, to analyze the role played by the jurists in establishing and unifying the Islamic governance of the empire under King Askia Muhammad. This study tries to answer these questions: What were the features of Islamic governance in the reign of Askia? What was the relation between the power and the judges during that era? How did the judges influence and unify the Islamic governance under Askia Muhammad’s reign? This employs a descriptive and historical-analytical method to know how the Islamic governance was, and how the jurists operated during the era of Askia Muhammad. It would also help in tracing the historical events and narrations, and analyzing them critically. By focusing on the primary sources, such as Tārīkh al-Sūdān by Abdu Raḥmān al-Saʽadī, and “Tārīkh al-Fattāsh” by al-Shaikh Maḥmūd Kaʽat, and the secondary sources, this study tries to provide insights into the functioning of the Islamic governance and the vital role played by the religious body in its establishment. The Role of the Jurists and Judges in the Islamic Empire of Songhai During the Reign of King Askiya Mu ḥ ammad alḤ ājj 79 Bahria University Journal of Islam and Society is licensed under Creative Commons AttributionNonCommercial 4.0 International License (CC BY-NC 4.0). https://bujis.bahria.edu.pk/ This paper was built on several works with different directions; some such as “Askiya al-Ḥājj Muḥammad and his Successors; The Account of al-Imām al-Takrūrī” by Hanwick, and “Askia Muḥammad Muḥammad and his Qabīla; Name and Province,” by Stephan Bühnen, and “Beyond Timbuktu Intellectual History of Muslim West Africa,” by Omar Kane, and “From Mande to Songhay: Towards a Political and Ethnic History of Medieval Gao,” by Dierk Lange, and “Rulers, Scholars, and Invaders: A Select Bibliography of the Songhay Empire,” by Brent Singleton. All of these works are relevant and have contributed significantly to the history of Songhai, but they did not analyze the role of the judges and jurists in the establishment of Islamic Governance under Askiya’s reign. However, few works have a strong connection to my paper; the work “Love for Three Oranges, or, the Askiya's Dilemma: The Askiya, al-Maghīlī and Timbuktu,” a study that challenges the traditional idea that religious transformation in Songhai, especially under al-Maghīlī, happened quickly and outside-driven process, arguing that it was a gradual, durable process that took generations to establish, with al-Maghīlī's influence waning over time. In our context, we agree that religious transformation is a gradual process, but it should be noted that Askiya was not the one who introduced Islam to the Songhai community; it had been known to them since the first dynasty that ruled it, but it reached its peak under the reign of Askiya. Further, al-Maghīlī’s influence is undeniable, given the time he arrived in Gao, under a ruler who prioritizes religion and its figures, and his replies to Askiya concerning governing in accordance with Islamic teachings are significantly evident. In the article, “Secular Power and Religious Authority in Muslim Community: The Case of Songhai,” the author challenged the notion of Timbuktu’s independence during Songhai, and contended that Timbuktu didn’t have any substantial independent religious or political authority over Gao, and that Gao had tight control over it. Indeed, Timbuktu had no political autonomy, but its significance to the capital ensured its autonomy; in the sense that it BUJIS Volume 01, Issue 01 80 Bahria University Journal of Islam and Society is licensed under Creative Commons AttributionNonCommercial 4.0 International License (CC BY-NC 4.0). https://bujis.bahria.edu.pk/ served as the home for the religious figures who brought Askiya into power, and the home of the chief justice; who’s opinion is counted when tries to appoint a judge, and oppose any political order that contradicts with Islam norms. 2. The Rise of Askiya Muḥammad al-Ḥājj to Power and the Nature of His Government The Songhai Empire had witnessed three ruling dynasties: the one was the dynasty of al-Azwā’/ Zā, originally from Yamen, its first ruler was Zā al-Aiman 2 . During this period, the empire was a very small state in Kukiya under the Mali Empire's authority. Additionally, it can be inferred that the first dynasty to rule the empire originated from the Yamen. According to some accounts, even though the beginning of Songhai is not clear, it can be traced back to “Dendi,” which is located south of Gao, where the tribe of Soroko, fishermen experts, and the Gao, experts in hunting and farming, used to live in the village. The fishermen, after a while, were able to establish their dominance over the hunters and farmers in the “Kukiya” village. This early political transformation marked the beginning of Songhai's history and laid the foundations for the later changes in the leadership, which led to the rise of Askiya Muḥammad al-Ḥājj to power. 3 This claim could not be further from the truth, due to the fact that the first ruler from the dynasty of al-Azwā’, according to ʽAbd al-Raḥmān al-Saʽadī: “As for the first king, Zā al-Aiman, it was said that he and his brother left Yemen, walking in the land of God Almighty, until fate brought them to the country of Kukiya……They reached it in a state of disrepair, and they descended upon the people of the country…” 4 2 According to al-Saʽadī, the author of the book “Tārīkh al-Sūdān,” the origin of the name came from “Jā’a min al-Yaman,” which literary means he came from Yaman. 3 “Adebayo, Y.K. and Ajao, M.G, ‘MANAGEMENT PRACTICES IN SONGHAI EMPIRE: THE LINK WITH CONTEMPORARY METHODS,’” n.d. 4 “Al-Saʽadī, ʽAbd al-Raḥmān Bn Nāṣir, ‘Tarīkh al-Sūdān’. n.d.,” n.d. The Role of the Jurists and Judges in the Islamic Empire of Songhai During the Reign of King Askiya Mu ḥ ammad alḤ ājj 81 Bahria University Journal of Islam and Society is licensed under Creative Commons AttributionNonCommercial 4.0 International License (CC BY-NC 4.0). https://bujis.bahria.edu.pk/ Based on this, it can be concluded that the empire was not initiated by al-Azwā’s clan, nor for they the first rulers. However, according to al-Saʽadī, the indigenous people of the village handed them the authority after the entire village converted to Islam through them. Later on, after the clan of al-Azwā’, the dynasty of Sunnis, who were able to eliminate the Malian Kingdom and establish their own as an independent one, succeeded the alAzwā’ dynasty in ruling. And their first rulers were Sunni ʽĀlī and his brother Sulaimān Nār. It is important to note that the capital city was moved from Kukiya to Gao during the Sunnis dynasty. Further, until Sunni ʽĀlī Ber took over the power, the kingdom remained a small state and did not develop into a polyethnic empire, albeit with its independence from the Malian Empire. And lastly, the dynasty of Asākī followed the Sunnis in ruling, under the ruler Askiya Muḥammad al-Ḥājj. 5 Another point that needs clarification is that the transmission of the capital from Kukiya to Gao was accomplished by the al-Azwā’ clan, not by the Sunnis, as some accounts assert. Following the escape of the brothers, Sunni ʽĀlī and Sulaimān Nār, who were hostages from the Malian Empire, they fled toward Gao. This suggests the presence of the Songhai people in the area, marking the decline of the al-Azwā’ clan and the rise of the Sunnis under the ruler, Sunni ʽĀlī. Regardless of the developments that occurred in the empire during the Sunnis' reign, especially under the powerful and great ruler, Sunni Alī Ber, who took over in 1464 CE, he abandoned the raiding policies of his predecessors and focused on territorial conquest. He had a well-organized army, which included a flotilla on the Niger, foot soldiers, and cavalry. Throughout his reign, he patrolled the Niger region, surprising enemies and imposing his authority through violence and fear. Sunni 'Alī was a great magician and charismatic figure, earning the title of “the most high.” He conquered 5 “Contributions of Scholars and Judges in Religious Celebrations in the Kingdoms of Mali and Songhai (628-1000 AH / 1230-1591 AD,” n.d. BUJIS Volume 01, Issue 01 82 Bahria University Journal of Islam and Society is licensed under Creative Commons AttributionNonCommercial 4.0 International License (CC BY-NC 4.0). https://bujis.bahria.edu.pk/ Jenne, Timbuktu, the Tuareg, and led expeditions against the Dogon, Mossi, and Bariba. 6 Yet, it was under the Asākī’s clan that the empire reached its peak of prosperity and glory, particularly under the reign of the ruler Askiya Muḥammad alḤājj, who was able to reinforce peace and stability in the empire. One factor that may have caused this was Sunni ʽĀlī Ber's attitude towards the religious bodies, especially those in Timbuktu. Despite being a Muslim who performs all the Islamic rituals, including fasting and prayers, he encountered significant problems with them. A large number, particularly the Sanhāja, fled to Walata, while those who remained, along with their family members, were either tortured, imprisoned, or slaughtered. In his brutality, Sunni ʽĀlī Ber was compared to the Turko-Mongol conqueror Tamerlane and al-Hajjaj, the Umayyad governor of Iraq. He dealt swiftly with anyone who disagreed with him or threatened his imperial vision for the empire, whether they were Muslims or non-Muslims, scholars or ordinary people. 7 ʽAbd al-Raḥmān al-Saʽadī, one of the Timbuktu scholars, described him by saying: “As for the greatest oppressor and most notorious wicked man, Sunni ʽĀlī Ber, he was a man of great power and immense strength. He was an unjust, immoral, transgressor, a tyrant, and a bloodthirsty individual. He killed several people that no one can count except Allah, and he subjected scholars and righteous people to murder, humiliation, and degradation…” 8 After the death of Sunni ʽĀlī Ber, his son, Sunni Baru, was crowned his successor and the king of the Songhai, but unfortunately for him, due to his policies and his refusal of sincerity to Islam, and to recognize it as the religion of the empire, he encountered 6 Djibril Tamsir Niane and Unesco, eds., Africa from the Twelfth to the Sixteenth Century, General History of Africa 4 (London : Berkeley, Calif: Heinemann ; University of California Press, 1984). Michael A. Gomez, “Timbuktu Under Imperial Songhay: A Reconsideration of Autonomy,” The Journal of African History 31, no. 1 (March 1990): 5–24, https://doi.org/10.1017/S0021853700024750. 7 “Sharīʻa in Songhay The Replies of Al-Maghīlī to the Questions of Askia Al-Ḥājj Muḥammad (Muhammad Ibn,” n.d. Niane and Unesco, Africa from the Twelfth to the Sixteenth Century. 8 “Al-Saʽadī, ʽAbd al-Raḥmān Bn Nāṣir, ‘Tarīkh al-Sūdān’. n.d.” The Role of the Jurists and Judges in the Islamic Empire of Songhai During the Reign of King Askiya Mu ḥ ammad alḤ ājj 83 Bahria University Journal of Islam and Society is licensed under Creative Commons AttributionNonCommercial 4.0 International License (CC BY-NC 4.0). https://bujis.bahria.edu.pk/ a strong opposition party, led by Askiya Muḥammad al-Ḥājj by the support of the religious bodies and the strongest commanders, which resulted to a revolution against the ruling government. 9 According to some scholars, Askiya Muḥammad al-Ḥājj and his supporters planned a rebellion against the Sunni Baru’s regime, and the usurpation of his authority was intentionally meant. 10 Some have even gone further, to the extent of accusing him of being the murderer of Sunni ʽĀlī Ber. 11 However, it can certainly be concluded that the opposition party, led by Askiya Muḥammad al-Ḥājj, while the Sunni clan was going through a political crisis, seized the opportunity and took over power. By doing so, that marks the end of the Sunni dynasty, and the beginning of a new chapter of glory, peace, and stability in Songhai history, written by the dynasty of Asākī beginning with the reign of Askiya Muḥammad al-Ḥājj. Askia Muḥammad al-Ḥājj was not fully from the Songhai origin; his mother was a Songhai, and as reported, the sister of the king, Sunni ʽĀlī Ber. However, on the father's side, he was a descendant of the Soninke origin, from the clan of Ture or Sylla. He was a devout Muslim, a balanced and moderate individual, and a forward-thinking politician. 12 Unlike his predecessor, Sunni ʽĀlī Ber, Askia Muḥammad focused upon his accession to power on unifying the kingdom, through rearranging the political relations with the Western part of the kingdom, a region that experienced a lot of issues under the Sunnis regime, to regain the support and the confidence which has been scattered by Sunni 9 Lansiné Kaba, “The Pen, the Sword, and the Crown: Islam and Revolution in Songhay Reconsidered, 1464–1493,” The Journal of African History 25, no. 3 (July 1984): 241–56, https://doi.org/10.1017/S0021853700028152. 10 Joe Wilson, “In Search of Askia Mohammed: The Epic of Askia Mohammed as Cultural History and Songhay Foundational Myth,” n.d. 11 “Sharīʻa in Songhay The Replies of Al-Maghīlī to the Questions of Askia Al-Ḥājj Muḥammad (Muhammad Ibn.” 12 Stephan Buhnen, “ASKIYA MUḤAMMAD I AND HIS QABĪLA: NAME AND PROVENANCE,” n.d. Niane and Unesco, Africa from the Twelfth to the Sixteenth Century. “Sharīʻa in Songhay The Replies of Al-Maghīlī to the Questions of Askia Al-Ḥājj Muḥammad (Muhammad Ibn.” BUJIS Volume 01, Issue 01 84 Bahria University Journal of Islam and Society is licensed under Creative Commons AttributionNonCommercial 4.0 International License (CC BY-NC 4.0). https://bujis.bahria.edu.pk/ ʽĀlī Ber. Moreover, maintaining the peace and the stability of the Western regions means boosting the economic activities of the area; by this kind of global trade could serve as the foundation for maintaining the armies, bureaucrats, and imperial family of the vast kingdom that Songhai had grown into. 13 It seemed that Askia Muḥammad’s ambitions were limitless: under his reign, he prepared an organized army for the kingdom, benefited from previous experiences, and these expeditions took an Islamic appearance, declaring Jihad. He succeeded in expanding the territories of the empire's hegemony as far north as the Sahara; west as far as the Senegal-Faleme confluence; and east into the Hausa-land city-states, where he and his successors faced fierce opposition from groups like Zaria, Kano, Katsina, and Kebbi. They also fought an unexpected war with Bornu to exert influence over the remaining Hausa polities. The salt mines at Taghaza, Agades, Futa Kingui, Baghana, and most likely Takedda all collapsed quickly between I499 and I51O. 14 Askia Muḥammad organized the empire accordingly: he appointed Qādīs to all the provinces, reorganized the court, established protocol, set standards for the ʽulamā’ and Qādīs, created new provinces, and substituted Sunni appointees with loyal men to him; a governor of Bal, who is charge of the Tuareg lands and the areas of the northwest; a governor for Banku supervising the areas between the capital and Timbuktu; a governor for Dendi who was charged with east areas to the lake of Chad; and the governor who controlled the Arab areas that extend to Takrūr 15 . Askia was an intelligent ruler, curious about everything happening in the empire. He promoted 13 “Kaʽat, al-Ḥājj Maḥmūd, “Tārīkh al-Fattāsh Fī Akhbār al-Buldān Wa l-Juyūsh Wa Akābir al-Nās Wa Dhikri Waqāʽi al-Takrūr Wa ʽaẓā’im al-Umūr Wa Tafrīq Ansāb al-ʽabīd Min al-Aḥrār," Edt: Dr. Adam Bamba, Mu’assasa al-Risāla Nāshirūn.,” n.d. “Sharīʻa in Songhay The Replies of Al-Maghīlī to the Questions of Askia Al-Ḥājj Muḥammad (Muhammad Ibn.” 14 Niane and Unesco, Africa from the Twelfth to the Sixteenth Century. Gomez, “Timbuktu Under Imperial Songhay.” 15 There were different narratives concerning the number of the new provinces and the governors appointed to those areas. It might be that the data we provided up there focused only on the major provinces, while others included non-major provinces. The Role of the Jurists and Judges in the Islamic Empire of Songhai During the Reign of King Askiya Mu ḥ ammad alḤ ājj 91 Bahria University Journal of Islam and Society is licensed under Creative Commons AttributionNonCommercial 4.0 International License (CC BY-NC 4.0). https://bujis.bahria.edu.pk/ judge; they were all prominent scholars whose knowledge and righteousness were well-known to the people. Because the judges during Askiya’s reign were selected based on their proficiency in the Mālikī school of thought, the sources of the judicial legislation will certainly be based on the Mālikī school of thought. The Mālikī school of thought spread across the Western African regions since the era of the Mali Empire (the empire before Songhai), due to the efforts of its rulers, particularly Mansa Musa 32 to support and spread it; during his reign, the Mālikī school flourished, due to his piety, knowledge, and pride in his affiliation with it. It is reported that he explicitly stated that he is a Mālikī when he visited Cairo. In addition to his Mālikī affiliation, he was keen to meet with Mālikī jurists and strengthen ties between him and them. He also strengthened the relationship between his state and the state of Morocco, which led to the arrival of many Moroccan Mālikī jurists to his kingdom. 33 Despite the efforts made by the rulers of Mali to spread the Mālikī school, the Songhai government, and especially during King Askiya’s, who was committed to the teachings of Islam and loved knowledge and scholars, unlike his predecessor, Sunni ʽAlī, who subjected scholars and clerics to utmost persecution, leading many of them to flee to other regions, is considered the golden age of the Mālikī school's spread in the region. With King Askiay's ascension to power and the establishment of an Islamic order in the kingdom, the status of jurists rose, and they were accorded full respect and freedom, which led them to work to spread the Mālikī school throughout the kingdom. Timbuktu subsequently became an important center for Mālikī jurisprudence, attracting numerous students and jurists from across the kingdom. 34 32 He ruled the Mali Empire from 1312 to 1337 CE. 33 “Marjān, Saḥar ʽAntar Muḥammad, “Fuqahā’ al-Mālikiyya Wa Āthāruhum Fī Mujtamaʽ al-Sūdān al-Gharbī Fī ʽahdai Mālī Wa Songhāi,” Maktabat al-Thaqāfa al-Dīniyya, Cairo, 2011, Pp:67-73”. Kane, Beyond Timbuktu. 34 “Marjān, Saḥar ʽAntar Muḥammad, “Fuqahā’ al-Mālikiyya Wa Āthāruhum Fī Mujtamaʽ al-Sūdān al-Gharbī Fī ʽahdai Mālī Wa Songhāi,” Pp:82-90.” BUJIS Volume 01, Issue 01 92 Bahria University Journal of Islam and Society is licensed under Creative Commons AttributionNonCommercial 4.0 International License (CC BY-NC 4.0). https://bujis.bahria.edu.pk/ According to some writers, customary law was one of the judicial legislation sources during Askiya’s reign; after the advent of Islam in the region, there were still some customs that contradicts the tenets of Islam, but as the nature of the region, relatively new to Islam, and cultural differences to the communities that have long embraced Islam, the jurists reconcile the Maliki school provisions with customs of the community, and as time goes on, those customs had remained and emerged, and jurists' authority was restricted, focusing on less burdensome jurisprudential solutions to address social errors. 35 Although the variation of the periods and locations may result in variation in Islamic provisions, it seems that the reality of the nature of Askiya’s governance is against this argument; Askiya, a ruler who came to power illegally, the then ruler was not full adhere to Islamic teachings; sought advice from the prominent Egyptian scholars on how to govern his kingdom per Islamic principles on his way to pilgrimage; forbid, according al-Saʽadī and Mahmūd Kaʽat, all the contradictories to Islam upon his return from pilgrimage; used Islam as a fundamental structure for his governance; selects the most pious and knowledgeable to serve as a judge, swears him in after taking an oath promising that he will abide the rules Allah and his messenger, and that he will forbid evil. Given the fact that he was legitimized as a representative of the caliph of all Muslims after his pilgrimage, it can be argued that the above-mentioned account was before his pilgrimage journey, as after being authorized by the scholars as caliph, the reality would totally contradict the above account. 35 “Mawlāya Muḥammad, “al-Qaḍā’ Wa al-Quḍāt Bi Bilād al-Sūdān al-Gharbī Min Awākhir al-Qarn al-Tāsiʽ Hijrī Ḥattā al-Qarn al-Thānī ʽashar Hijrī,” (PHD Thesis, Oran 1 University, Algeria, 2019) Pp:92.” The Role of the Jurists and Judges in the Islamic Empire of Songhai During the Reign of King Askiya Mu ḥ ammad alḤ ājj 93 Bahria University Journal of Islam and Society is licensed under Creative Commons AttributionNonCommercial 4.0 International License (CC BY-NC 4.0). https://bujis.bahria.edu.pk/ 4. Judges in the Establishment of the Islamic Governance: Religious leaders, particularly judges, held a distinguished place in Western Sudanese communities, especially under Askiya's rule. Askiya was renowned for his kindness and generosity towards them. Whenever they visited him, he would sit them beside him. He also commanded that no one should stand except for pilgrims and scholars, and that only scholars and nobles were permitted to dine with him. In addition to their duty as religious guides and adjudicators among the people, they played a vital role in the formation of Islamic governance, which historians have always praised Askiya for. Below are the major roles played by the judges in the establishment of Islamic governance: 1.1. Creation of Opposition Party Against the Regime: First of all, the most circulated narration concerning Askiya’s rise to power suggests that he had a desire for ruling since Sunni Ali’s era, which led him to seize the opportunity, after Sunni’s son came to power, to form a strong opposition party, resulting in his accession to power after rebelling against Sunni’s successor. However, with deep analysis, it can be argued that the narration is opposite; it was the scholars who formed the opposition party, with the help of Askiya, who was a general commander at that time. Let’s return to Sunni Ali’s era; after conquering Timbuktu and Djenne, the scholars didn’t directly flee to other regions until he began his brutality towards them. This brutality arose because they opposed some of his policies that contradicted Islam. And the autocrat ruler, Sunni Ali, despite being a Muslim, dealt swiftly with anyone who disagreed with him or threatened his imperial vision for the empire, whether they were Muslims or non-Muslims, scholars or ordinary people. 36 From this view, and with modern political eyes, it is possible that the scholars fled not only to save their lives 36 Niane and Unesco, Africa from the Twelfth to the Sixteenth Century. “Sharīʻa in Songhay The Replies of Al-Maghīlī to the Questions of Askia Al-Ḥājj Muḥammad (Muhammad Ibn.” BUJIS Volume 01, Issue 01 94 Bahria University Journal of Islam and Society is licensed under Creative Commons AttributionNonCommercial 4.0 International License (CC BY-NC 4.0). https://bujis.bahria.edu.pk/ but also to create a strong opposition party capable of confronting the tyrannical regime. Furthermore, after Sunni Ali’s death, the opposition party did not act immediately; it took them several months to do so. While there may be multiple interpretations of this delay, we strongly believe that the opposition party wanted to see whether he, the successor, would govern according to Islamic norms. Lansiné Kaba observed that the revolution against Sunni Ali’s son was justified by religion: “For the Muslims, Sonni Baru's threefold public refusal to swear allegiance to Islam and to acknowledge it as the official religion justified rebellion...” 37 It is clear that the scholars used Sunni Baru’s stance to legitimize their support for the revolution against him, framing it as a religious duty to depose and replace a ruler who is not committed to Islam. This religious justification by the opposition party played a vital role in uniting the population against Sunni Baru and marked the establishment of Islamic governance under Asaki’s dynasty. 1.2. Autonomy of the Judges: One factor that resulted in the establishment of Islamic governance in Askiya’s reign was the autonomy of the judges. Askiya, although was known for his piety and commitment to Islam, a thing that was illustrated in his strategic plan of government, and his relationship with the judges, the immense respect he showed, and the kindness he extended towards them, to the extent that he was endorsed by them upon his return from pilgrimage as “Amīr al-Mu’mnīn,” the Commander of the Faithful, and “Khalifa of the Muslims,” and his kingdom was regarded as part of the Islamic abode “Dār alIslām,” 38 had no authority and control over the judges and the judicial system. It was because of their autonomy, they forbade any action that goes against Islamic norms, whether it was committed by the king or an ordinary person. 37 Kaba, “The Pen, the Sword, and the Crown.” 38 Niane and Unesco, Africa from the Twelfth to the Sixteenth Century. The Role of the Jurists and Judges in the Islamic Empire of Songhai During the Reign of King Askiya Mu ḥ ammad alḤ ājj 95 Bahria University Journal of Islam and Society is licensed under Creative Commons AttributionNonCommercial 4.0 International License (CC BY-NC 4.0). https://bujis.bahria.edu.pk/ The autonomy of the judges reached a level that some historians wondered who was superior, the king or the judges? According to some accounts, throughout the sixteenth century, Timbuktu, the region of jurists and judges, had no power other than that of Islamic law, and it had governed itself independently from Gao, the capital. At that time, it was only the chief justice that have the ability to release and bind. 39 Hanwick contends that: “It was, perhaps, during the sixteenth century that Timbuktu enjoyed its greatest degree of independence and also of security. Though an integral part of the Songhay empire, with a governor (the Timbuktu-koi) appointed by the Askia, as well as other officials of secondary importance, and a tax-collector and be a military commander at nearby Kabara,l the city, through the enormous prestige of its gadi and the veneration in which its scholars and holy men were held, managed to be virtually self-governing and to sheltered from arbitrary exactions by either Songhay officials or the desert-dwellers.” 40 This shows the kind of autonomy the judges had, and their status is more than the government appointees in the city, and the chief justice was the one with the authority, not the political figures. With this ultimate autonomy, they demonstrate their courage and their lack of fear of blame in the face of the truth. It was reported that Askiya had once sent some of his soldiers on a mission to Timbuktu, but the chief justice expelled them. Askiya became angry and rebuked him, but when the judge told him why he did so, which is that he is doing his duty, by advising and guiding him if he made a mistake. Askiya then regretted and asked for forgiveness. 41 39 Gomez, “Timbuktu Under Imperial Songhay.” 40 “Sharīʻa in Songhay The Replies of Al-Maghīlī to the Questions of Askia Al-Ḥājj Muḥammad (Muhammad Ibn.” 41 “Maiga, ʽAbd al-Raḥmān Muḥammad, ‘al-Ḥaraka al-Fiqhiyya Wa Rijāluhā Fī al-Sūdān al-Gharbī Mina l-Qarn al-Thāmin Ilā l-Qarn al-Thālith ʽAshar al-Hijrī, Pp:246.” “Marjān, Saḥar ʽAntar Muḥammad, “Fuqahā’ al-Mālikiyya Wa Āthāruhum Fī Mujtamaʽ al-Sūdān al-Gharbī Fī ʽahdai Mālī Wa Songhāi,” Pp:149.” BUJIS Volume 01, Issue 01 96 Bahria University Journal of Islam and Society is licensed under Creative Commons AttributionNonCommercial 4.0 International License (CC BY-NC 4.0). https://bujis.bahria.edu.pk/ 1.3. Judges as religious and political counselors: One of the most significant contributions of the judges to the establishment of an Islamic governance was serving as religious and political advisors; by doing so, they are not only guiding the king’s religious affairs but also shaping the political policies to align with Islamic norms. Among the prominent judges who served as a counselor to the king was Imām Muḥammad bn ʽAbdu l-Karīm al-Maghīlī, in addition to his role as a mufti and judge of Gao. al-Maghīlī had a crucial contribution in correcting some misconceptions and guiding the rulers to rule according to the Qur’an and Sunna. 42 Askiya directed several questions related to both political and religious affairs, and how to govern accordingly to the Qur’an and Sunna. In response, al-Maghīlī wrote a useful letter, in the form of replies, outlining the Islamic stance on the matters Askiya brought up. These replies were analyzed in the significant work of John Hunwick, by the title: “Sharīʻa in Songhay: The Replies of Al-Maghīlī to the Questions of Askia Al-Ḥājj Muḥammad”. 43 The importance of these questions is that they illustrate how committed the regime of Askiya is to Islam; Askiya, as a king, felt that being a ruler is a responsibility for which he would be held accountable before God. He makes this clear when he says: “I ask of God Most High that He aid me to bear this burden which the heavens and the earth declined to bear.” The questions also reveal Askiya’s desire and keenness to implement Islamic law in all social and political affairs of the kingdom. 44 This point can be a response to the claim that during Askiya’s reign, there were some customs 42 “Mawlāya Muḥammad, “al-Qaḍā’ Wa al-Quḍāt Bi Bilād al-Sūdān al-Gharbī Min Awākhir al-Qarn al-Tāsiʽ Hijrī Ḥattā al-Qarn al-Thānī ʽashar Hijrī,” Pp:344.” 43 “Sharīʻa in Songhay The Replies of Al-Maghīlī to the Questions of Askia Al-Ḥājj Muḥammad (Muhammad Ibn.” 44 “Maiga, Abūbakr Ismā’īl, ‘al-Ḥaraka al-ʽIlmiyya Wa al-Thaqāfiyya Fī al-Sūdān al-Gharbī Fī ʽAhd al-Mamālik al-Islāmiyya: Ghāna, Mālī, Songhāi, Allatī Qāmt Fī Gharb Ifrīqiyā Baina al-Qarn al-Rābʽi al-Hijrī Wa l-Ḥādī ʽAshar al-Hijrī,’ Pp:137.” The Role of the Jurists and Judges in the Islamic Empire of Songhai During the Reign of King Askiya Mu ḥ ammad alḤ ājj 97 Bahria University Journal of Islam and Society is licensed under Creative Commons AttributionNonCommercial 4.0 International License (CC BY-NC 4.0). https://bujis.bahria.edu.pk/ that contradicted Islamic principles, but the judges, at that time, could not forbid them. Furthermore, these questions highlight the significant role the judges played in the formation of Islamic governance during Askiya’s reign. 5. Conclusion: The Islamic Empire of Songhai under the reign of the king, Askia Al-Ḥājj Muḥammad, was recognized for its establishment of Islamic governance and the advancement in intellectual movements, particularly the development of the Maliki school of thought. Yet, while the works in this area focused more on the establishment of Islamic governance, the credit always goes to King Askia al-Ḥājj Muḥammad; meanwhile, he was just the other side of the coin; the contribution of the scholars, particularly the judges, was the second side of the coin. However, from this vein, this paper aims to explore the significant role played by the jurists in the formation of Islamic governance during the reign of Askiay. Beyond that, the study digs deeper to contend that the judges were the backbone and the number one in the establishment of Islamic governance. By this, I’m trying to undermine the role of King Askiya, but just opposing the popular narrative that focuses only on his side. Through examining the accounts, the study found that the idea of creating an Islamic government was initially from the jurists, when they opposed some of Sunni Ali’s policies that contradicted the Islamic teachings, and because he threatened them by torturing and killing, they fled to different region to form a strong opposition party, that can breakdown the non-Islamic government, and frame their operation and revolution as a religious obligation to replace a ruler who is not uphold to Islam. Furthermore, the study asserts that, although Askiya was known for his piety and commitment to Islam, the judges kept supporting him, correcting his mistakes, serving as a counselor to him, and responding to his questions. With this collaboration between the judges and the king, the Songhai empire witnessed its golden age under Askia’s era, an era of peace, stability, and prosperity. BUJIS Volume 01, Issue 01 98 Bahria University Journal of Islam and Society is licensed under Creative Commons AttributionNonCommercial 4.0 International License (CC BY-NC 4.0). https://bujis.bahria.edu.pk/ Bibliography “Adebayo, Y.K. and Ajao, M.G, ‘MANAGEMENT PRACTICES IN SONGHAI EMPIRE: THE LINK WITH CONTEMPORARY METHODS,’” n.d. “Al-Bartalī, Abū ʽAbdullāh al-Ṭālib, “Fatḥ al-Shakūr Fī Maʽrifat Aʽayān ʽUlamā’ al-Takrūr,” (Muḥāmmad Ḥajjī and Muḥammad Ibrāhīm al-Kattānī), Dār al-Gharb alIslāmī, Bairūt, 1981 Pp:,” n.d. “Al-Saʽadī, ʽAbd al-Raḥmān Bn Nāṣir, ‘Tarīkh al-Sūdān’. n.d.,” n.d. “Al-Tumbuktī, Aḥmad Bābā, ‘Nail al-Ibtihāj Bitaṭrīẓ al-Dībāj,’ (Edt: ʽAbdul Ḥamīd al-Harāma), Dār al-Kātib, Tripoli, 2000, Pp:,” n.d. 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