Religious Observance and Market Law in Medieval Islam. The controversial Application of the Prohibition of Usury according to some Ibadi Sources

The Ibâ∂î communities, both from North Africa and Oman, combined outstanding entrepreneurial success with religious austerity. They believed that their religious ethics and ascetic living encouraged their commercial activities (Francesca, 1999). The Ibâ∂îs considered themselves to be « the true Muslims » and their law as the true religion of Islam, regarding their school as the most representative of the Prophet’s authentic teaching. Ethical principles which appeared in Ibâ∂î law from the very beginning revealed a rigorous conception of life and faith. Sinful actions implied the loss of the state of purity and rendered the sinner unfit to participate in religious rites. The Ibâ∂î who committed capital sins, who failed to obey divine law or who introduced innovations was a kâfir (unbeliever) and therefore banned from the community of the true believers. Indeed, according to the Ibâ∂î doctrine, the community had a responsibility of friendliness towards individuals who carried out the precepts of religion in a satisfactory manner (walâya, association). Conversely, they were beholden to an attitude of hostility against those who did not deserve to be called believers (barâ’a, dissociation). Such religious observance influenced Ibâ∂î jurisprudence in many ways (Ennâmi, 1972-1973: 193-220; Francesca, 1987). Rules concerning ribâ may be pointed out as evidence of this influence. They are also a focal point for the discussion of the controversial relationship between commercial practice in medieval Islam and market law as it was developed by different schools of law