The death penalty other than by stoning (rajm) was valid during both stages of secrecy and manifestation. This punishment covered the following: a) the apostate (al-murladd); b) the defamer of Ibadhi views (al-Ta'in fi al-din); c) blood offenders (al-junah); and, d) those who rejected the authority of the shari'ah and refused to restore the rights of other people, (mani'u al-haqq); all these were to be killed either by whip or by weapon except for the blood offenders; it was up to the next of kin to the condemned (waliy al-dam) to decide how the punishment should be carried out.

The unproven allegation of a wife's adultery (li'an), and the denial of the paternity of a child, born by the wife accused of adultery (li'an) by her husband, as a result of li'an, was also suspended during kitman.

As for the duty of 'association' (walayah), both 'walayah' with individuals (walayat al-'shakhs) and 'walayah' with the people of the Capital (walayat al- baidah) were also suspended during secrecy (kitman).

All these rules and laws which suspended many laws derived from the Qur'an and Sunnah, were based only ra'y and analogical reasoning.113 According to al-Warijlani, "All or most of the laws of secrecy (ahkam al-kitman) are based on preference'." 114

SOME EXAMPLES FOR THE DIFFERENCES BETWEEN IBADHI SCHOOL AND OTHER ISLAMIC SCHOOLS IN LEGAL AND RELIGIOUS OPINIONS:

Professor Schacht mentioned the fact that "the variants of Muhammadan law which are recognised by the ancient sects of Islam, the Kharijis and the Shiites, do not differ from the doctrine of the Orthodox or Sunni schools of law more widely than these differ from one another."115

He also noticed that "the consequence of the ancient Khariji tenets was obviously never part of a legal system recognised by the Ibadhis .... " He further added, "Whereas the political history of the Ibadhis goes back to the middle of the first century H., their law was derived from the orthodox schools at a much alter date."117

The latter conclusion was undoubtedly a hasty one. The Ibadhis did not adopt the ancient Khariji doctrine because they developed their own doctrine removed from the Khariji groups who split from the same origin of the old Muhakkimah party. They (the Ibadhis) also did not derive their law from the