problems connected with both. It concludes with the following statement:

"This is the end of K. al-Nikah of the sayings of Ibn 'Abd al-Aziz from Abi Nuh Salih al-Dahhan and Abi Ubaidah Muslim b. Abi Karimah with the 'Athar that are directed by analogy which does not leave any doubt in the minds or be dubious to the people of understanding. It is called K.al-Shighar; and al-shighar means that a man gives his daughter in marriage to another man in exchange for the other's daughter without fixing any dowry (mahr). If it is so, it is forbidden." 80

Attached to this book in the same Mss. is K.al-Nikah of Jabir b. Zaid. Both works provide the early and original Ibadhi opinions on the subject of marriage, a subject on which Jabir b. Zaid, the founder of the Ibadhi school, was described by Ibn 'Abbas as "The best authority." 81

These above-mentioned works are the backbone of Ibadhi jurisprudence in its first two centuries. They contain a clear and detailed account of the efforts made by early Ibadhi scholars in developing their school.

The present study of the nature of Ibadhi school of law and the methods adopted by its founders is based mainly on those works, so a clear account can be given of pure Ibadhi views before the possibility of any direct contact between the Ibadhi school and other Islamic schools of law founded later.

The role of Sunnah as the second source of jurisprudence has already been mentioned. Individual judgement, or ra'y is mentioned by Jabir b. Zaid on various occasions. There is much evidence that he had recourse to individual judgement in delivering legal opinions. A number of Ibadhi and Sunni sources reported a statement of his concerning the recording of his opinions, which runs:

"To God we belong! They are writing down the opinions which I may change tomorrow." 82 Jabir also denied himself the right of individual judgement where the Companions had formulated their opinions. 83 However, those quotations indicate that Jabir used his own ra'y when there was no opinions on the case reported from the Companions. The precedence of opinions delivered by the Companions was a recognised principle among the Ibadhi authorities. Jabir b. Zaid expressed this view in one of his letters as follows:

"The juristic speculation (ra'y) of those who were before us is better than the opinion we hold. Yet again the successor recognises the superiority of his ancestor. The most deserving such a right are the emigrants who accompanied the Prophet of God (al-Muhajirun) and those who followed them in good-doings: for they have witnessed and learned. It is our duty to follow in their