MUSLIMS: THE COMMUNITYas informal arbiters. It is reported on the authority of none other than
Malik ibn Anas that according to Ibn Shihiib neither Abu Bakr nor
'Umar had a qiitji 30 which probably means that they did not delegate
their own judicial responsibilites in Madina to anyone else .. This also
makes it less likely that provincial amtrs were appointing their own
judicial subordinates or had them appointed for themselves under
'Umar. An early example of the emergence of the qiit;lt as a separate
office from the combined responsibilities of the amtr may be found in
the position of 'Abdullah ibn Mas'ud as administrative assistant (wa-
ztr) to 'Ammar ibn Yasir at Kufa in 642, when he was qiitji, treasurer,
and teacher and received a stipend of one hundred dirhams per month.^31
The separation had been completed by 658, when 'Abdullah ibn 'Ab-
bas, who was governor of Basra for 'An, divided his judicial and
financial responsibilities between Abu I-Aswad ad-Du'ali and Ziyad,
respectively.32 At the same time, the story that 'An raised Shurayl}.'s
stipend to five hundred dirhams per month may cloak the point at
which his activity as an arbiter was formally recognized by the gov-
ernment.^33
. The position of the qiit;lthad been established by the time of Mu'awiya
(660-680). Local governors in Iraq, particularly from Ziyad onward,
regularly appointed qiit;lts, especially to deal with claims of less than
two hundred dirhams.^34 At Kufa, Shurayl}. was qiit;lt for Mu'awiya
from 662 until 680 when, with the death of Mu'awiya and the out-
break of the second civil war, he is said to have refused to be a judge
during civil strife (Ar. (itna). Consequently, in 683 Sa'd ibn Nimran
al-Hamdani became judge for Ibn az-Zubayr, and in 685 al-Mukhtar
made 'Abdullah ibn Miilik a~-Tii'i qiit;lt of Kufa. After the fall of al-
Mukhtar to Mu~'ab ibn az-Zubayr, the latter was served by 'Abdullah
ibn 'Utba ibn Mas'ud as qiit;lt of Kufa in 686 and 687. In 688 Shurayl}.
was qa<,iI of Kufa again, but in 691 'Ubaydulliih ibn 'Abdullah ibn
'Utba ibn Mas'ud was judge. From 692 until 697, Shurayl}. held his
last term as judge and was succeeded by Abu Burda ibn AbI Musa
30 Tabari, Ta'rikh, I, 2798.
31 Ibn Sa'd, Tabaqiit, VI(1), 70; Tabari, Ta'nkh, I, 3414, 3448; Tyan, Organisation
judiciaire, p. 103.
32 Ibn Sa'd, Tabaqiit, VII(1), 70; Tabari, Ta'nkh, I, 3414, 3448.
JJ Ibn Sa'd, Tabaqiit, VI, 96.
J4 Couison, Islamic Law, pp. 28-29; Tyan, Organisation judiciaire, p. 104.