PUBLIC EXECUTION IN THE UMAYYAD PERIOD : EARLY ISLAMIC PUNITIVE PRACTICE AND ITS LATE ANTIQUE CONTEXT

Executions can be understood as symbolic events and part of wider political culture. Recent commentators on early Islamic execution have observed that Umayyad punishment of apostates, rebels and brigands was ‘pre-classical’. There is less agreement about the extent to which ‘Islam’ affected Umayyad practice. Epistles and poetry provide a more secure basis for understanding Umayyad public capital punishment than the problematic anecdotal evidence of other sources. Umayyad punitive practice was indeed not ‘classical’, and its justification does not seem to have explicitly invoked Prophetic precedent. However, it was sometimes justified with reference to the Qurʾān, and in particular with reference to ideas about violation of God’s covenant (nakth) and public violence (khurūj and fasād fī l-arḍ). Furthermore, when the supposed forms of punishment are considered in their late antique context, features of Umayyad-era penal culture that appear to have been shaped by the wider, monotheist context can be identified.


Introduction
Classical Islamic legal thought distinguished between two main kinds of public violence by Muslims: 'brigandage' (ḥirāba) and 'rebellion' (baghy).The former, also often referred to as 'highway robbery' (qaṭʿ al-ṭarīq), was understood to mean the use of public violence for material gain; the latter was rebellion on the basis of an interpretation (taʾwīl) of JAIS ONLINE opponents'. 2 On the other hand, Gerald Hawting argues for much less importance for the Qurʾān in Umayyad times: 'forms of punishment for heretics were still quite arbitrary in the later Umayyad period, based on inherited practice and not showing much sign of the impact of Islamic or Quranic regulations'. 3he common basis for these divergent conclusions is the testimony of the later Islamic tradition.Abou El Fadl tends to note the parallels between the prescriptions of the Qurʾān and Umayyad practice: 'the language and the penalties of the ḥirāba verse were co-opted and imitated …Eventually it became common practice for the Umayyads and early Abbasids to execute rebels and mutilate their bodies'. 4n the other hand, Hawting takes the view that in the early period, 'we might expect a reasonably arbitrary and random pattern [of execution and punishment] …that would serve to underline the power of the rulers and the limited restraints on them'. 5For Hawting, the prevalence of 'crucifixion' (ṣalb, often the gibbeting of a beheaded corpse, but sometimes execution by exposure and wounding) 6 in later accounts of early Islamic practice is not in itself significant: 'crucifixion was a traditional punishment in the Middle East, and it is likely that its use simply represented a continuation of tradition'. 7hat the disagreement between the two scholars highlights is the great difficulty of recovering early Islamic history from the later tradition and the consequent importance of the models and theories brought to the 2 Abou El Fadl, Rebellion, 57, 52-61. 3G.Hawting, 'The Case of Jaʿd b.Dirham and the Punishment of "Heretics" in the Early Caliphate' in C. Lange and M. Fierro, eds, Public Violence in Islamic Societies (Edinburgh, 2009), 37.For previous scholarship on the question of the punishment of unrest and rebellion in the Umayyad period and Islam, see especially: J. Schacht, 'Ḳ atl', EI 2 , iv, 771; Kraemer, 'Apostates, Rebels and Brigands'. 4Abou El Fadl, Rebellion, 52-3. 5Hawting, 'Jaʿd b.Dirham', 35. 6F. E. Vogel, 'Ṣalb', EI 2 , viii, 9356.Kraemer relates the Arabic term to the Assyrian ṣilbu, 'a crosswise arrangement of bandages or wood' and notes that the Targum translates the Hebrew tālāh by the Aramaic s e lāb: 'Apostates', 67, n. 129. 7 Hawting, 'Jaʿd b.Dirham', 35.However, Hawting does also observe that it 'may … be possible to argue … that rulers took some care to justify … executions in religious terms'-that is, he suggests that political opposition was often represented as 'heresy ' (ibid., 37).This often appears to be true, although some 'rebels' who may have understood their cause in religious terms appear to have been killed as 'mere robbers', see below, 113, 126 and n. 93.
analysis of the evidence: Abou El Fadl and Hawting do not much disagree about the forms of punitive practice used by the Umayyads, but their wider assumptions about early Islam and the Umayyad period determine what these forms are taken to mean.For Hawting these penalties are 'quite arbitrary' and 'based on inherited practices'; for Abou El Fadl, 'the co-option' of the Quranic ḥirāba verse became important in the rhetoric of Umayyad punishment.
For all that the later tradition may have been subjected to embellishment and tendentious reshaping, this list does tend to support the more impressionistic assessments of both Abou El Fadl and Hawting about the forms of early Islamic punitive practice (and so also their divergent conclusions).This article takes two new approaches to attempting to resolve the question of the theoretical basis and symbolic meaning of Umayyad practice.First, it examines Umayyad justifications for the death penalty in their sermons, letters and poetry: the Umayyads did not explicitly cite the ḥirāba verse but they did they justify the execution of rebels, deploying 'inherited practice' to symbolic effect.Second, it considers further the late antique context for Umayyad practice: there were important continuities from pre-Islamic practice, but these do seem to have been interpreted as having particular new symbolic meanings.
That is, this article seeks to approach the question of the punishment of rebels as not just a matter of legal theory, or the assessment of JAIS ONLINE 'influences', but as an aspect of the history of political culture and even ritual practice -the symbolic communication of claims to legitimate authority.The meaning of Umayyad executions resided not just in choices about punishments, but also in the claims made about them and, further, in the way that they were understood by those who witnessed them.This approach also acknowledges the interplay between Realpolitik and ambient ideas about justice and legitimate authority: punitive practice by rulers rarely, if ever, coincides with the theories of lawyers, theologians, or other sources of 'legitimate' authority beyond the royal court.At the same time, all governments are restrained to some extent by the expectations of those they seek to rule and the limits of their coercive and persuasive power.
This historically contingent and contextualised approach allows us to divest ourselves of preconceptions about what an 'Islamic' punitive rhetoric 'ought' to look like: the alternatives are not between Umayyad use of elements of what would become 'classical' jurisprudence (Abou El Fadl) and the absence of any distinctively 'Islamic' practice (Hawting).Rather, we must reconstruct the pre-classical, late antique context within which the Umayyad elite sought to consolidate and maintain power.It is argued here that in Umayyad-era Islam there was a close connection between 'apostasy', 'brigandage' and 'rebellion' as capital crimes, deserving of humiliating public execution.In this, the Umayyads perpetuated ancient and late antique ideas about religious and political authority.However, 'pre-classical Islam' (even, 'Ḥijāzī monotheism'), as expressed in the Qurʾān and in a wider religious discourse, did shape the Umayyads' response to rebellion.In particular, two principles underpinned the Umayyads' justification of capital punishment: their claim to represent God's covenant on earth as 'God's Caliphs' (khulafāʾ Allāh), and their obligation as such to punish illegitimate public violence.

The Umayyads and the ḥirāba verse
Neither the ḥirāba nor the baghy verse are prominent features of Umayyad caliphal rhetoric.Indeed, the first reasonably secure evidence for the explicit invocation by caliphs of the ḥirāba verse comes from just after the Umayyad period.An Abbasid 'state letter' of 145/762 AH/CE, said to have been composed during the reign of al-Manṣūr, invokes the text.It is a letter to the Alid rebel Muḥammad b.Ibrāhīm: In the name of God, the Merciful, the Compassionate: From the Servant of God, ʿAbd Allāh, the Commander of the Faithful, to Muḥammad b. ʿAbd Allāh: "The recompense for those who war against God and His Messenger and on earth strive for iniquity is that they will be slaughtered or crucified or their hands and feet on alternate sides shall be severed or they shall be exiled from the land.That is their disgrace in this world, while in the Hereafter theirs will be a severe punishment, except for those who repent before you overpower them.Know that God is forgiving, merciful."I am obligated to you by God's compact and His covenant, His promise of protection and that of His Messenger, so that if you repent and turn back before I overpower you, I will grant immunity to you… 9 If this text is accepted as authentic then it is the first evidence-some twelve years after the fall of the Umayyad dynasty-for the quotation of the ḥirāba verse in extenso in a caliphal text.It also implies that the caliph is limited in punishing rebels by the prescriptions of the Qurʾān.
In contrast, Umayyad rhetoric tended to legitimate capital punishment through allusion to broadly Quranic language and symbolism, but not to the 'classical' verses in particular.This might be seen merely as a function of the form of Umayyad rhetoric: written reference to whole Qurʾān verses had yet to be established as a dominant element in legitimating discourse. 10owever, the later Umayyads at least do appear to have cited the Qurʾān where it suited them, 11 and so this absence of the 'classical' texts appears to reflect a situation where the ḥiraba and baghy verses had yet to assume their later pre-eminent significance.

The ḥirāba verse in Umayyad times
Despite the absence of quotation of the ḥirāba verse from Umayyad rhetoric, it is of course very possible that ideas about the verse were JAIS ONLINE already in circulation (and also that ideas about it reached the ears of Umayyad caliphs and governors).Indeed, there is good evidence that a debate about the verse's significance and application was already well under way in some circles by the early 700s.
Tafsīr (Quranic exegesis) gives at least six explanations for the ḥirāba verse.(i) It is argued that the verse relates to 'people of the book' (ahl al-kitāb) who 'had made a peace agreement (muwādaʿa) but they broke the covenant (ʿahd) and spread corruption in the land (afsadū fī l-arḍ)'. 12ii) There is the claim that it is the punishment to be inflicted on unrepetent idolaters defeated in battle. 13(iii) It is said to deal with the Banū Hilāl, who broke their treaty with the Muslims and raided people seeking an alliance with Islam.14 (iv) It is claimed that it was revealed regarding the Banū Isrāʾīl, or, (v) the Ḥarūriyya (Kharijites). 15Finally, (vi) there is the most detailed explanation, which was eventually used by classical exegetes and lawyers to connect the punishments of the verse to 'brigandage' and 'highway robbery', as opposed to 'rebellion'. 16An early version of this last explanation is provided by Muqātil b.Sulaymān  (d.767).This relates the story of a group of recent converts to Islam who stole camels from the Muslims after killing their shepherd.After they were captured by ʿAlī b.Abī Ṭālib, they were brought to the Prophet: …[The Prophet] ordered that their hands and feet be cut off and that their eyes be gouged out.God, may He be praised and magnified, sent down to them: "Truly the reward of those who make war on God and His Prophet", meaning unbelief after Islam, "and spread corruption on the Earth" (that is), killing and the taking of property, (is that) "they will be killed, or crucified, or their hands and feet will be cut off on opposite sides", meaning the right hand and the left foot.The Imam has the choice concerning that: killing, crucifying and cutting off the hand and the foot."Or they will be exiled from the land": He says they will be sent away from the land-the land of the Muslims; they will be banished by being driven away (al-ṭard) "that" is their reward, "the reward for them is a reward in this life"-the cutting off of the hand or the foot, killing, and crucifying in this world-"and they will have a severe chastisement in the world to come", meaning much and abundant without interruption.Then He made an exception, and said, may He be praised and magnified: "Except for those who repent" from idolatry "before they fall into your power"; you established a limit with regard to them so that you may not act against them... 17 Very similar material is also found in later tafsīr, although the tribe in question varies: ʿUkl and ʿUrayna are the most common; Fazāra, Sulaym and Ḍabba are all also mentioned. 18o what extent any of this material might reflect genuine Prophetic practice is very difficult to say; six very divergent accounts of the original context of the verse suggest real confusion among eighth-and ninth-century exegetes.Schacht suggests that the original context of the verse itself was probably the break with the Jews of Medina; 19 Kraemer does see the story of the recidivist Bedouin as reflecting the political problems faced by Muḥammad later in his career. 20In turn, Abou El Fadl is more sceptical, and describes the same story as most probably 'an Umayyad invention'. 21Certainly, as discussed below, there are features of the latter story that echo Umayyad problems with nomads, Kharijites and other rebels (and this is almost certainly the origin of the anachronistic explanation that the verse responds to the problem of the Ḥarūriyya/Kharijites).The recidivist nomads of the tafsīr, who had abandoned their hijra to Medina and their new religion and who committed violent robbery look rather like prototypes of the deserters and rebels who carried out brigandage against the Umayyad authorities in the seventh and eighth centuries. 22ny original context for the verse itself is probably irrecoverable.What is more striking about most of the explanations in the tafsīr, is the emphasis placed on the dual factors of the breaking of a covenant and the use of illegitimate violence as the justification for the death penalty.In this, they echo a wider, early Islamic discourse about rebellion and its punishment, which was much more central to Umayyad rhetoric about legitimate punishment than the ḥirāba verse.

JAIS ONLINE
Perjury (nakth, naqḍ), public violence (fasād fī l-arḍ) and the pledge of allegiance (bayʿa) For the Umayyads, capital punishment was a right of the caliphs as the representatives of God's covenant with Humanity.This was justified in Quranic language, but not through quotation of the two particular verses that became central to later 'classical' thought.Instead, the main Umayyad-era justification for the death penalty per se, whatever its exact form, was the twin accusation of violation of the pledge of allegiance to the caliph (and hence of God's primordial covenant which the caliph claimed to represent), and of public violence against persons and property.
Before reviewing this distinctive, pre-classical punitive rhetoric of the Umayyad elite, the equivocal evidence for the specific invocation of the ḥirāba verse by the Umayyad caliphs and their representatives should be examined.The evidence for Umayyad invocation of the ḥirāba verse is equivocal because it is most likely the product of later literary formulation.For example, some accounts attributed to Anas b.Mālik (d.c. 709-11) have the Basran lawyer explain traditions about the origin of the ḥirāba verse to the Umayyad governor of Iraq (and notorious crucifier), al-Ḥajjāj (r.694-715), and then bitterly regret having provided an oppressive ruler with justification for his actions.In another account, ʿUmar II (r.717-20) seeks to restrain a governor who quotes the more severe punishments of the ḥirāba verse in justifying his treatment of robbers. 23Neither story looks like secure evidence for actual Umayyad theory and practice.Both are probably best understood as political and legal arguments and commentary couched in narrative form: the former report highlights the potential for the verse to justify tyranny; the latter conforms to the tendency of the later tradition to emphasise the piety of ʿUmar II.
A more reliable instance of Umayyad authorities invoking the verse may be the sermon said to have been delivered by Yūsuf b. ʿUmar (r.738-44) at Kufa after he had executed the Hashimite rebel Zayd b. ʿAlī in 120/738-9:

…For you are people of rebellion and dissension (ahl baghy wa-khilāf).
There is not one of you who does not make war on God and His Messenger (hāraba Allāh wa-rasūlahu) except Ḥākim b.Sharīk al-Muḥāribī; I have asked the Commander of the Faithful to help me with respect to you, and if he permits it, I will kill your soldiers and imprison your families. 24e sermon alludes to the ḥirāba verse in its concept of 'making war on God and His Messenger' to justify 'killing soldiers and imprisoning families'.Coming only about two decades before the Abbasids invoked the same ideas (also against Alid rebels), it appears to reflect Umayyad recognition of the need to engage with evolving ideas about legitimate rebellion, linked to the ḥirāba verse.However, the report is transmitted on the authority of Abū Mikhnaf (d.774) and is found only in 9th-and 10th-century collections; that is, it remains a report of a public speech found only in a much later Abbasid-era texts, and so is far from secure evidence.
Whether or not this sermon is accepted as authentically Umayyad, Quranic material other than the ḥirāba verse is much more prominent in Umayyad justifications of their use of the death penalty.Violation of God's covenant (ʿahd, mīthāq et al.) through violation of the pledge of allegiance (bayʿa) to His Caliph in an act of violent rebellion (khurūj, fasād fī l-arḍ et al.) provided the justification for the death penalty in most of the public executions carried out by the Umayyads or their representatives.In some accounts of particular executions, the connection is made absolutely explicit: in 51/671, Ḥujr b. ʿAdī is said to have only been executed after Ziyād had collected seventy testimonies for Muʿāwiya that Ḥujr had, indeed, violated his pledge of allegience (no.7 in the Appendix); in 94/712-3, al-Ḥajjāj invoked Saʿīd b.Jubayr's violations of his bayʿas to ʿAbd al-Malik before ordering his execution (no.31).Peace agreements with non-Muslims were governed by the same covenant: in 90/708-9, the rebels in al-Ṭalaqān are said to have been executed after breaking a peace treaty (sulḥ) (no.27).The main exceptions to this pattern are those executions that appear to have been justified on the basis of heresy or sorcery (for example, no.42). 25 In almost every documented pledge of allegiance (bayʿa) from the Umayyad period, the Muslims swore the oath 'upon the covenant of God' (ʿalā ʿahd Allāh or mīthāq Allāh) to 'hear and willingly obey' (al-24 alṬabarī, Taʾrīkh, ii, 1716; cf.Anonymous, Kitāb alʿUyūn walḥaqāʾiq fī akhbār alḥaqāʾiq, 'Fragmenta Historicorum Arabicorum, ii', ed.M. J. de Goeje and P. de Jong (Leiden, 1869), 100; Abou El Fadl, Rebellion, 56.
25 This is the kind of justification Hawting appears to have in mind when he remarks that it, 'may … be possible to argue … that rulers took some care to justify … executions in religious terms': Hawting, 'Jaʿd b.Dirham', 37, and above, n. 7.

JAIS ONLINE
samʿ wa-l-ṭāʿa) the caliph. 26This formula is reminiscent of other Near Eastern loyalty oaths, and, importantly, also reminiscent of the Quranic description of the mīthāq Allāh, God's primordial covenant with Man, which guaranteed all agreements between believers.All human compacts were understood as guaranteed by God's covenant, as set out in verse 91 of sūrat al-Nahl (Qurʾān 16.91): Fulfil the covenant of God when you have entered into it; and break not your oaths after you have confirmed them; indeed you have made God your surety; for God knows all that you do. 27is text is quoted in full with reference to a prior treaty (ṣulḥ and ʿahd) in an original papyrus letter of 141/758 from the governor of Egypt to the Christian king of Nubia. 28The same idea of 'God's covenant' is prevalent throughout the Qurʾān and is invoked in accounts of early treaties made by the Muslims.Because the Umayyad caliphs claimed to be God's representatives on earth, they could argue that all benefits, material and spiritual flowed from this compact; a point made at length in the elaborate metaphors of their panegyricists. 29ne of the most important Quranic expressions of these ideas is verse seven of sūrat al-Māʾida (Qurʾān 5.7), which describes God's primordial covenant with all Humanity.It is the only place where the terms from the pledge of allegiance, samʿ and ṭāʿa, appear together: Remember the favour (niʿma) of God towards you and His covenant and His covenant (mīthāq) which He covenanted (wāthaqa) with you when you said, "We hear and obey (samiʿnā wa-aṭāʿnā)."And fear God, for God knows the secrets of your breasts (Qurʾān 5.7).
While the bayʿa could be understood as being God's covenant enacted on earth, it also came to be guaranteed by more worldly oaths.These eventually became known as the 'oaths of the bayʿa' (aymān al-bayʿa).In their classical form, a perjurer lost his wives and his property and had to expiate his treachery by making thirty ḥajj pilgrimages.In practice, there is little evidence that such oaths were actually expiated, although there are traces in the later compilations of legal traditions that debate the legitimacy of vows to walk barefoot to the Kaʿba.It seems that the oaths became largely symbolic and were simply indicative that the perjurer had ceased to be a Muslim-indeed, that he had become an outlaw in the literal sense of being beyond all the usual rights accorded to a Muslim. 30hese oaths first appear in their classical form in ninth-century copies of documents relating to oaths of allegiance from the early Abbasid period (750s and 760s), but there is good evidence that they-or very similar oaths-were already in use in the Umayyad period.Khālid al-Qasrī was said to have written a letter to be read out to Kufan deserters in 74/693-4, explaining that desertion is disobedience of God and His caliphs, with consequences very similar to those in the classical oaths: God has imposed the duty of jihād on His servants and required obedience to those who govern them (wulāt al-amr) …He who defies the governors and rightful authorities brings down God's wrath on himself, merits corporal punishment (al-ʿuqūba fī basharihi), and makes himself liable to confiscation of his property as spoil, cancellation of his stipend, and exile to the most remote and evil of lands. 31 the following year al-Ḥajjāj is said to have preached a similar khuṭbaand it is al-Ḥajjāj who is remembered as the instigator of the 'oaths of the bayʿa' in much later tradition.Muṣʿab b. al-Zubayr's treatment of those loyal to ʿAbd al-Malik in 71/690-1 also seems to reflect similar ideas (no.17). 32owever, mere desertion or disobedience rarely seems to have been perceived to merit capital, as opposed to corporal punishment.It was a necessary but not a sufficient condition; as noted above, public rebellion was also usually required.Ideas about this in mid-to-late seventh-century Syria may be reflected in the words of the Christian chronicler, John Bar Penkayē (fl.c. 690), who wrote that, '[the Muslims] kept to the tradition of Muḥammad …they inflicted the death penalty on anyone who was

JAIS ONLINE
seen to act brazenly against his laws'. 33The emphasis on brazen, or public, violation perhaps echoes the Roman notion of vis publica ('public violence'), which was one of the main crimes to be punishable by death in Roman law.The reference to Muḥammad's 'tradition' and 'laws' also appears to reflect an early connection in Islamic thought-as in ancient Middle Eastern thought-between rebellion, apostasy and the death penalty. 34

Umayyad rhetoric and capital punishment
The best evidence for Umayyad justification of capital punishment dates from the 740s, which was last decade of Umayyad rule.The surviving 'state letters' of the scribe ʿAbd al-Ḥamīd (d.750) provide comparatively full evidence for late Umayyad ideas about rebellion and its punishment.
Poetry composed in the 710s and 730s indicates that similar ideas were already important in Umayyad justification of the death penalty.
In the opening lines of a letter written on behalf of Marwān II in the 740s, ʿAbd al-Ḥamīd describes the Kharijite rebels against whom Marwān was sending his son, 'causing harm in the land corruptly' (ʿāthū fī l-arḍ fasādan) and 'exchanging the favours of God for unbelief' (baddalū niʿam Allāh kufran); that is, the rebels are accused both of destroying property and lives and with breaking with God's covenant and hence becoming unbelievers: To begin: the Commander of the Faithful-when he resolved upon sending you against the enemy of God, the thick, coarse Bedouin (tawjīhakā ilā ʿaduwwi ʼllāh al-jalif al-jāfī al-aʿrābī) wandering aimlessly in the perplexity of ignorance, the obscurity of impious discord and the ravines of destruction, and against his ruffians who cause harm in the land corruptly, violate the sanctity (of Islam) lightly, exchange the favours of God for unbelief and make lawful the blood of the people of peace in ignorance (wa-raʿāʿihi alladhīna ʿāthū fī l-arḍ fasādan wa-intahakū ḥurmat [l-islām] istikhfāfan wa-baddalū niʿam Allāh kufran wa-istiḥallū dimāʾ ahl silmihi jahlan)-wished to commission you and enjoin you, concerning the subtleties of your affairs and the generalities of your concerns… 35 It has reached me that a group of fools from your household (ahl baytika) have followed a course that their deliberation brought about, according to what they agreed upon concerning violation of their pledge of allegiance (naqḍ bayʿatihim).They have opened a door that God will not close for them until much of their blood is spilled, while I am occupied with the important matter of the Muslims' frontier being breached.Would that you bring me and them together, in order that I might repair the corruption of their affair (fasād amrihim) by my hand and my tongue; I fear God concerning neglecting that on account of my knowledge of what the consequences of division are regarding corruption of religion and the world (fasād al-dīn wa-l-dunyā). 36ong the Marwanids, al-ʿAbbās b. al-Walīd was persuaded; he is said to have remarked, 'In the breaking of the covenant of God is corruption of religion and the world' (inna fī naqḍ ʿahd Allāh fasād al-dīn wa-ldunyā). 37oth the scribe and the prince were paraphrasing verse twenty-seven of sūrat al-Baqara (Qurʾān 2.27), which explicitly connects the idea of 'corruption in the earth', found in the ḥirāba verse, with violation of God's covenant, found in verse 91 of sūrat al-Nahl and verse seven of sūrat al-Māʾida: …He does not cause to err by it [any] except transgressors (fāsiqīn), (27) who break the covenant of God after its confirmation (yanquḍūna ʿahd Allāh min baʿd mīthāqihi) and cut asunder what God has ordered to be joined and cause corruption in the land (yufsidūna fī l-arḍ); these it is that are the losers.
Hishām is also said to have written of another rebel in 737 that he was a 'transgressor (fāsiq) who had killed, burned and plundered' and should not be allowed to live (no.40).Alongside verse seven of sūrat al-Māʾida, verse 27 of sūrat al-Baqara is arguably at least as important to Umayyad legal theory and practice as the ḥirāba verse of later classical thought.
Some of the best evidence for the importance of treachery in justifying execution is found in the poetry.The caliphs' claims to represent God's covenant on earth made rebellion against them also a rebellion against God.Violent rebels were, therefore, 'making war on God' (yuhāribūna Allāh) and 'violating God's covenant' (yanquḍūna ʿahd Allāh) with the consequence of 'corruption in the land' (al-fasād fī l-arḍ). 40e punishments in Umayyad rhetoric In contrast to their clear justification for executions, Umayyad texts give little insight into the precise punishments themselves.In general, they simply emphasise the Umayyads' God-given right to mete out exemplary and humiliating punishment.Thus, in a letter full of blood-curdling threats against insurgents, also from the last decades of Umayyad rule, the head of their dīwān al-rasāʾil, ʿAbd al-Ḥamīd writes: God will assist us with His angels and help us with His military support, with what His custom (sunna) brings and His tradition (ʿāda) has established; and we will impose the penalties (naqamāt) from God, the exemplary punishments (nakāl) and deadly might (saṭawāt muhlika); you have seen that in the revelations (al-manāzil), and you have known it on the battlefields upon which wrong meets right.So hear the good news from us 38  about what sorrow comes to you; may you be led by a halter, as camels bridled with a bit are led. 41e rhetoric is replete with Quranic allusions. 42However, references to the punishments are general ones to naqamāt and nakāl: 'penalties' and 'exemplary punishments'. 43These are terms for the punishment of rebels against the caliph that also appear elsewhere in late Umayyad rhetoric. 44The only specific penalty is described in a simile that reflects the pre-Islamic (and ancient and late antique Middle Eastern) custom, continued in Islamic times, of humiliating captives by leading them like animals.

Umayyad capital punishment in its late antique context
For detail on the forms of capital punishment used by the Umayyads, we must turn from surviving Umayyad rhetoric to the problematic evidence of the later historical sources, some of which is collected in the Appendix below.These sources present problems of interpretation.Nonetheless, it is possible to draw some tentative conclusions.One way to approach the anecdotal evidence is to look for continuities with ancient and late antique punitive practice.In what follows it is argued that the evidence does tend to suggest that the Umayyads and their representatives in the provinces selected from a repertoire of penalties that were long established in the Middle East as the punishments for brigandage, apostasy and rebellion.However, there is some evidence for particular punishments being more widely used than others; this appears to be a function of the particular form of West Arabian monotheism which was an important ideological context for the Umayyad caliphate.
Nearly all the variations on capital punishment found in the late antique and early Islamic Middle East have precedents in ancient Near Eastern practice.The prescription of capital punishment for the crimes of brigandage, adultery, heresy, treason and sorcery was of very great 41 ʿAbbās, ʿAbd alḤamīd, 214-5, no.19, citing: alQalqashandī, Ṣubḥ, viii, 268-9.

JAIS ONLINE
antiquity by the time of the coming of Islam. 45The conceptual interconnections between apostasy, treason and (to some extent) adultery had also been established in the ancient Middle East. 46In the ancient Middle East, as in Islam, public exposure of a corpse after execution was more common than execution by hanging; the usual associated humiliations such as stripping, parading led by a halter, and flogging were often used. 47The amputation of hands and the gouging of eyes both occur as punishments in some ancient laws. 48Immolation may be justified by some Egyptian laws and is prescribed as a penalty in one Assyrian law pertaining to the royal harem. 49oth the Hebrew Bible and much later Judaic tradition reflect this wider ancient Middle Eastern context: beheading and the public display of corpses occur in the Hebrew Bible, as does the amputation of the limbs of executed murderers. 50The burning of executed corpses is found in the book of Joshua, where it appears to be associated with the removal of contamination of the sacred ḥerem at Jericho; 51 it is also found in the story of Esther and the Targum. 52An apostate town is also to be destroyed by fire in the book of Deuteronomy. 53he empires of late antiquity owed much to this ancient heritage: in both Rome and Iran, apostasy, brigandage, rebellion and sorcery were punishable by public execution.Justinian's Digest (publ.533 CE) prescribes the death penalty for brigands, traitors, murderers, adulterers and poisoners among others. 54Of brigands it comments: The practice approved by most authorities has been to hang notorious brigands (latrones) on a gallows in the place where they used to haunt, so that by the spectacle others may be deterred from the same crimes, and so that it may, when the penalty has been carried out, bring comfort to the relatives and kin of those killed in that place where the brigands committed their murders; but some have condemned these to the beasts. 55molation was also common in Roman law. 56Precedents for the 'Islamic' practice of amputating limbs are not prominent in Roman legal theory.However, the use of amputation is found in late Roman practice as recorded in historical sources.A notable example is the execution of Elpidius in 605, recorded in the near-contemporaneous Chronicon Paschale.Elpidius and others were accused of having plotted to overthrow the emperor Phocas: …there were beheaded Theodore, the praetorian prefect…[seven others] …Andrew illustris who was called Scombrus, and Elpidius illustris.Elpidius had his tongue cut out and his four extremities removed; he was paraded on a stretcher and carried down to the sea; when his eyes had been gouged out, he was thrown into a skiff and burnt.The other people aforementioned were beheaded, on the grounds that they were discovered plotting against the emperor Phocas. 57tāb alĀthār albāqīya ʿan alqurūn alkhālīya, ed.E. Sachau (Leipzig, 1978)

JAIS ONLINE
Similarly gruesome late Roman punitive practices are attested in the Armenian tradition, where we read of rebels being beheaded and their bodies burned. 58he relative paucity of sources for Sasanian Iran presents some difficulties.Later legal sources, such as the Book of a Thousand Judgements, are important. 59Other late sources, such as the Letter of Tansar, which are often held to reflect Sasanian practice, have perhaps undergone some literary reshaping under the influence of later Islamic practice.Nonetheless, they do also appear to preserve some features of late Sasanian penal culture. 60Syriac and Armenian historiography and hagiography also give some important insights into Sasanian punishment of rebels and apostates. 61n Iran, as elsewhere, the capital crimes of 'sorcery', 'heresy' and 'highway brigandage' were closely connected. 62The Letter of Tansar lists the 'cow', the 'donkey' and the 'tree' alongside trampling by elephants as relevant punishments.The 'cow' was a hollow 'cow' containing molten lead into which a prisoner was thrown; the 'donkey' was a tripod from which prisoners were hung; both are associated with 'sorcery', 'heresy' and 'highway robbery' by the Letter of Tansar, as was trampling by elephants. 63The 'tree' (a reference to crucifixion) was a punishment for 'highway robbers' and 'sorcerers'. 64he most common means of executing rebels was probably beheading. 65In the Letter of Tansar, amputation of a hand was the punishment for a thief, and 'four times as much is exacted in recompense from a brigand', which suggests the amputation of four limbs. 66The cutting off of hands before beheading is mentioned by Armenian sources; 67 beating to death and dragging over sharp rocks are other methods of execution. 68Humiliating parades prior to execution are also mentioned: a late third-century Sasanian inscription refers to a defeated Sasanian rebel being brought 'bound …on a maimed donkey'; 69 the parading of a prisoner, 'bound hand and foot, set like a woman on a mare' on their journey to the prison where all those condemned to death were kept is described in a fifth-century Armenian source; 70 a seventhcentury account of events in the sixth century describes prisoners of war with 'their hands tied on their shoulders'. 71 variety of tortures directed at apostates from Zoroastrianism are attested in Syriac hagiography, including beating, flogging, breaking of limbs, laceration with iron teeth and the removal of the tongue.These tortures usually ended with the beheading of the prisoner, although the slitting of the throat like a sacrifice is also attested.Apostates from Zoroastrianism were sometimes subjected to the 'nine deaths' by progressive amputation at the fingers, toes, hands, feet, elbows, knees, thighs, ears, nose and then neck (or some variation on this), sometimes over several days. 72hen looking for continuities from late antiquity into early Islam there are many reasons not to trust the anecdotal evidence of the Islamic sources: on the one hand, punishments may have been described in terms that echo later, Abbasid-era expectations about 'proper' Islamic punishments; on the other hand, particular 'tyrants' may have been associated with what were considered particularly 'un-Islamic' penalties.Nonetheless, with these reservations in mind, the penalties of 'crucifixion' (5-8, 12, 18, 23, 27-28, 32-33, 35-42, 43-44, 47-48, 50)  and 'amputation' (1, 3, 9, 14, 19, 29-31, 35, 38, 41-42, 44, 46, 49), both of which are mentioned in the ḥirāba verse, are very prominent in the sources.Some Umayyad crucifixions beside water (nos 28 and 37) also appear to echo Biblical precedent, but this may have more to do with JAIS ONLINE these locations being public places than with any conscious evocation of David's example. 73iven the contrast between the plethora of penalties listed in the sources for the pre-Islamic period and the somewhat narrower range of punishments recorded for Islamic times, one cannot help but suspect that certain penalties were seen as 'customary' and 'proper' by the early Muslims.This may simply have been Arabian custom rather than any conscious effort to conform to Quranic prescriptions.Certainly, the later tradition refers to pre-Islamic kings 'crucifying' and 'amputating limbs', and both the Qurʾān and Umayyad practice probably do reflect a distinctive pre-existing Arabian penal culture. 74owever, there are also a number of indications that there was more symbolic meaning to the penalties used by the early Muslims.This symbolic meaning may have been quite un-classical.Certainly, the penalties inflicted are not always those that would later be recognised as strictly Quranic or even 'Islamic'.Blinding and the cutting out of tongues (both penalties with many Roman and Sasanian precedents) occur (nos 37, 42, 49); references to the Prophet mutilating the victims of the prescriptions of the ḥirāba verse and then prohibiting the penalty for the future almost certainly reflect ongoing debate about this pre-Islamic penalty. 75he penalty of the amputation of limbs, which is Quranic, may have had particular associations with the killing of Kharijites.In Kharijite 73 See above, n. 53. 74The Lakhmid king of alḤīra alNuʿmān b.Mundhīr (r.c. 580-602) is said to have used crucifixion as a penalty for 'highway robbery': J. ʿAlī, al Mufaṣṣal fī ltaʾrīkh alʿarab qabl alIslām (Beirut, 1968-71), v, 608.Cf. al Yaʿqūbī, Taʾrīkh, ed.M. Houtsma, 2 vols.(Leiden, 1883), i, 240.Khubayb b. ʿAdī alAnṣārī was remembered as the first Muslim to suffer crucifixion (at the hands of the Meccans in 3/625): Ibn Isḥāq, The Life of Muhammad, tr. A. Guillaume, 429-33; alṬabarī, Taʾrīkh, i, 1436-7 and 1439-40.See further M. Ullman, Das Motiv der Kreuzigung in der arabischen Poesie des Mittelalters (Harrasowitz, 1995), 115-9.The only references to crucifixion (ṣalb) in the Qurʾān apart from the ḥirāba verse and the denial of Christ's crucifixion in sūrat alNisāʾ, are, like the references to prison, connected to Pharoah (Qurʾān 4.157; 7.124; 12.41; 20.71; 26.49).In three of them amputation of hands and feet 'on opposite sides' (min khilāf) is also mentioned; this is a departure from the Biblical narrative and therefore may well be reflection of early seventh century Arabian practice.(Cf. the replacement of donkeys with camels in the same story: Qurʾān 12.65 and 12.72).
rasāʾil and khuṭab execution, blinding and the amputation of limbs are closely associated with the caliphs' repressive measures against pious critics: Sālim b.Dhakwān's account of ʿUthmān's orders concerning his Egyptian critics is one instance of this (no.3); another is Abū Hamza's depiction of Marwān II as someone who blinds and amputates limbs (no.49).The story of al-Mukhdaj-'the one with the mutilated arm'-a sort of 'legendary arch-Kharijite', whose story gained eschatalogical associations, suggests that the penalty of amputation was closely associated with pious rebellion against the state. 76Furthermore, the penalties that are said to have been inflicted on Kharijites by the Umayyads (for example, nos 5, 7, 8, 9, 21, 50), do appear to indicate that amputation of limbs was perhaps particularly associated with the punishment (or oppression) of Kharijism.As noted above, the exegesis of the ḥirāba verse also appears to reflect this association. 77The public display (tanaṣṣub) of the executed is also said to have been understood by the Umayyads themselves as something appropriate only for 'rebels' (as opposed to defeated members of their own family). 78wo of the most interesting instances of the non-classical punishments are immolation and the burning of the corpses of the executed (nos 2, 4, 14, 39, 40, 41, 44).Neither penalty is mentioned in the Qurʾān.Even if it is conceded that some accounts of burning may simply be tropes to emphasise the 'un-Islamic' tyranny of the ruler carrying out the burning, the debate surrounding the issue does suggest that some of the burnings really took place.In the ḥadīth the Prophet declares that this punishment was reserved for God alone; at the same time, the burning of apostates is also attributed to at least one of Abū Bakr's commanders and to ʿAlī b.Abī Ṭālib. 79Hawting also observes the possible paradox that all of the references to burning are located in post-Sasanian Iraq, where fire was considered sacred and corpses a pollutant; burning would probably not have been considered a suitable means of execution by Zoroastrians. 80he answer to this apparent paradox appears to lie both in the pattern of the application of this punishment in the sources and also in the late antique Judaeo-Christian context of the rise of Islam (a context just as JAIS ONLINE relevant in Iraq as in Syria or Egypt).First, it is notable that burning had a good Judaeo-Christian heritage: it was used against the worst offenders in Judaic law and maintained a similar position in the Christian Roman Empire. 81Given the importance of the corpse of the deceased to the Judaeo-Christians in the late antique Mediterranean,82 the near-complete destruction of the body by fire was a terrible penalty, with possible implications at the Resurrection.As the ḥadīth reserving the punishment for God indicates, it also recalled the image of Hell itself as a place of fiery torment. 83he other late antique context is the veneration of martyrs' relics. 84ire destroys the corpse of the executed person and so makes veneration of their corpse as a relic difficult or even impossible.In this connection, it is very notable that many of the better-attested instances of immolation and the burning of corpses were carried out by Umayyads against Alid and Hashimite rebels in the late 730s and early 740s (39, 41, 44).In two cases, the ashes were said to have been scattered in the Euphrates (41, 44), leaving no tomb.Here the context appears to be growing Alid and Hashimite feeling in Iraq, perhaps including veneration for 'proto-Shiʿite' martyrs.The connection between burning and ideas about the bodily resurrection in late antiquity and early Islam deserves further investigation.

Conclusions
Examination of the Umayyads' own claims about capital punishment allows us to move beyond the contrasting interpretations of the anecdotal evidence presented by Abou El Fadl and Hawting.The choice is not between, on the one hand, a somewhat teleological interpretation of the Umayyads as co-opting early 'classical' ideas about the ḥirāba verse and, on the other, a view of the Umayyads as acting in an 'arbitrary' fashion, unfettered by 'Quranic' or 'Islamic' prescriptions.Rather, we should consider the Umayyads as part of what has recently been described as 'Islamic late antiquity'. 85Read with accounts of Roman and Iranian practice in mind, the conduct of the early caliphs and their representatives does look very much like a continuation of Roman and Iranian theory and practice: rebellion, apostasy and public violence (vis publica in Roman terms) in these empires brought about similar penalties to naqḍ, ḥirāba and fasād fī l-arḍ in Islam.Indeed, penalties imposed by the Umayyads on Alid rebels in the 730s and 740s were very similar to those imposed on traitors by the Romans in the seventh and eighth centuries. 86ike sixth-and seventh-century Roman emperors before them, the Umayyad caliphs claimed to be 'God's deputies' (Latin, vicarii Dei, Arabic, khulafāʾ Allāh).Sasanian kings were also 'manifestations' or 'descendents' of the Gods. 87If taken seriously, such a claim might place God's appointed ruler above the law, as Justinian (r.527-65) states in a Novel from 536: The imperial station, however, shall not be subject to the rules which we have just formulated, for to the emperor God has subjected the laws themselves by sending him to men as the incarnate law. 88one and Hinds' 1986 book, God's Caliph, has left little doubt that the Umayyads understood their law-making powers in quite similar terms. 89ʿUmar's reservation of his right to innovate in amputation and crucifixion might be a manifestation of similar Umayyad claims (no. 32).As Foucault noted, pre-modern kings regarded 'punishment as a political tactic'; 90 Umayyad executions were in the tradition of Near Eastern royal power, on which the claim to be the khalīfat Allāh was the Islamic calque.
As such, their powers were quite unrestricted and, indeed, sometimes quite arbitrary.Nonetheless, like their Roman and Iranian precursors, the JAIS ONLINE Umayyads did seek to justify their use of the death penalty: monarchs were answerable to both their subjects and to God, and usually sought to justify the execution of their enemies accordingly.The Umayyads' theoretical justification, based upon violation of the covenant and public violence, was expressed in distinctively 'Islamic' and 'Quranic' terms.However, these terms were not especially 'classical'.The absence of the Prophet from Umayyad pronouncements on execution is notable.This may be reflected in the absence of quotation of the ḥirāba verse, which mentions 'God's Messenger'.Rather, Umayyad rhetoric echoes the Qurʾān in its references to fasād fī l-arḍ and naqḍ al-mīthāq.The ḥirāba verse is merely one of a number of Quranic texts that are important to understanding this Umayyad rhetoric (notably Qurʾān 2.27; 5.7; 16.91).
Both Umayyad prose and poetry show that the caliphs sought to represent rebellion against them as rebellion against God, with violation of the bayʿa amounting to violation of 'God's covenant'.Nonetheless, there is some evidence that the language of the ḥirāba verse counted for something in caliphal circles before the 760s, when very clear evidence for its invocation by caliphs finally appears: fasād fī l-arḍ and associated terms in the prose of the 730s and 740s echo the verse.John Bar Penkayē does also suggest that specific Prophetic precedent was already important in some circles in Syria in the 680s.We can perhaps glimpse here an aspect of sunna in its pre-classical sense, as agreed-upon, uniting custom; indeed, sunna and ʿāda appear to be invoked in just this sense by ʿAbd al-Ḥamīd in the letter to rebels quoted above. 91hen it comes to punitive practice, continuities with the punitive practices of the ancient and late antique Middle East are very clear.Beheading and 'crucifixion' (usually, it seems, in the sense of the display of a corpse in a public place) were common penalties for public violence across the Middle East, and were of very great antiquity.Exile was also a well-established substitute for execution.Amputation of limbs is not prominent in Roman legal theory.However, it is found in examples of actual historical practice, such as the execution of Elpidius in the Chronicon Paschale; it was very frequently used in Sasanian Iran according to all the sources.Furthermore, it seems that the wider Judaeo-Christian milieu of the Roman Near East may have been a particularly important context.Beheading, the public display of corpses, the amputation of the limbs of murderers and immolation and the burning of the dead are all found in the Hebrew Bible and Judaic tradition.
Most of these punishments were probably already well established in Arabia before Islam.Nonetheless, the new Islamic dispensation demanded that they be justified with reference to the sunna (in its preclassical sense) and the Qurʾān.Rather than the ḥirāba verse in particular, it was the principle of God's covenant which underpinned Umayyad rhetoric about the punishment of rebellion: 'throwing off' (khalʿ) one's pledge of allegiance in order to defy the state with violent rebellion (fasād fī l-arḍ) was held to place one outside the law. 92Such 'outlaws' were liable to the grievous earthly penalties that were typical of the pre-modern world.As in other polities, the designation of 'outlaw', or 'brigand' could also be deployed against political enemies in an attempt to undermine any legitimacy they might have; the introduction of Marwān II's letter to his son uses just this rhetoric against ideological rivals. 93Where negotiation failed, or the offense was too insolent or threatening to be dealt with in other ways, the language of 'brigandage' and 'violation of God's covenant', together with humiliating and violent public punishments, made a statement about the relationship between the punished victim and God's justice as represented by Umayyad authority.

Appendix: The execution of rebels c. 632-748 in the later Islamic tradition
The following list is very far from exhaustive, but it is hoped that it gives an indication of the representation of capital punitive practice from the death of the Prophet to the end of the Umayyad period.

1.
In 632, unwilling to believe that Muḥammad was dead, ʿUmar b. al-Khaṭṭāb is said to have prophesied that the Prophet would return to cut off the hands and feet cut of those who claimed that he had died. 94
In the Epistle of the Kharijite Sālim b.Dhakwān, which probably dates from the mid-eighth century, ʿUthmān b. ʿAffān is said to have applied the prescriptions of the ḥirāba verse to Muslim rebels from Egypt who rebuked him in the 650s: When the Muslims left him (ʿUthmān) to go back, having reproached him for his sins against God and told him to desist, he wrote to the governor of Egypt about their leaders, (claiming) that they had made war on God and His Messenger.Some he ordered to be killed, others to have their hands and feet cut off alternately.He also wrote to Muʿāwiya, 'Send me the Syrians …for the people of Medina have turned infidel and renounced their obedience.' 96Similar material is also found in al-Ṭabarī. 974.
ʿAlī is said to have burned apostates alive; in some accounts they were first killed by trampling, or beheading. 98

5.
Muʿāwiya's governor in Iraq, Ziyād b.Abīhi punished two rebels from Basra, Sahm b.Ghālib al-Hujaymī and al-Khaṭīm (Yazīd, or Ziyād, b.Mālik al-Bāhilī).They had rebelled with a group of followers and were killed and crucified (Sahm) and killed (al-Khaṭīm), in c. 45/665-6 and c. 49/c.669-70, respectively.They were said to have been given an amān by Ziyād's predecessor, ʿAbd Allāh b. ʿĀmir (who killed some of their companions in one account).Other details also vary: in one account, al-Khaṭīm was exiled to Baḥrayn before returning to Basra and eventually being executed having had a violation of the terms of his return (that he stay in his tribal miṣr) betrayed to Ziyād.Both are described as Kharijites in some accounts.According to a number of accounts, Ziyād went on to fight and kill, imprison and execute many more Kharijites during his tenure as governor of first Basra and then Iraq. 99hey and some of their followers, including one of their slave-girls and their wives, were crucified on the orders of Ziyād b.Abīhi. 1007.
In 51/671 an outspoken opponent of Umayyad rule in Kufa, Ḥujr b. ʿAdī, was pursued by Ziyād b.Abīhi, who threatened retribution against the head of Ḥujr's clan if he did not surrender his kinsman.Ḥujr was imprisoned and then sent with about twelve others to Muʿāwiya; seventy Kufan witnesses had been found to say that Ḥujr b. ʿAdī had violated his pledge of allegiance; six of the prisoners, including Ḥujr, were executed by beheading. 1018.
After initially releasing Kharijites from prison, Ziyād's successor in Iraq, ʿUbayd Allāh b.Ziyad, cracked down on them.One band was forced to fight one another, with those who killed one of their former companions being released.This prompted another revolt, which was put down on ʿĪd al-Fitr 58/678.The body of its leader, Ṭawwāf b. ʿAllāq was crucified on the orders of Ziyād; his corpse was taken down and buried by his relatives. 1029.
In 58/677-8, ʿUbayd Allāh b.Ziyād, is said to have killed ʿUrwa b.Udayya, the outspoken brother of the Kharijite leader Abū Bilāl, by crucifixion. 103In another account, he cut off the hands and feet of ʿUrwa b.Udayya and his daughter, and beheaded them both; Abū Bilāl himself was imprisoned and then released.ʿUbayd Allāh later executed many Kharijite captives and killed others, including Abū Bilāl, in fighting. 104He also 'imprisoned on suspicion'; this was said to have been a departure from the conduct of Ziyād. 105

JAIS ONLINE
12. In 64/683-4, during tribal conflict between Azd and Muḍar at Basra, Ashyam b.Shaqīq ascended the minbar and said, 'Any Muḍarī whom you find, crucify him!' 108 13.Al-Mukhtār's commander, Yazīd b.Anas, had 300 prisoners beheaded at a battle with Umayyad forces at Banāt Talā, near Mosul in 66/685-6. 10914.Al-Mukhtār killed those accused of killing al-Ḥusayn in 61/680; the tradition describes various methods of execution, including having their limbs amputated, being tied up and shot with arrows, and run-through with spears; some of the dead were burned; 110 one of the executed is said to have been burned or flayed alive. 111.In 69/688-9, ʿAbd al-Malik b.Marwān defeated his paternal uncle, ʿAmr b.Saʿīd b. al-ʿĀṣ, who had rebelled against him.Breaking the safeconduct (amān) he had given him, ʿAbd al-Malik had ʿAmr bound in a neck collar and broke his front tooth before having him beheaded; in some accounts he slit ʿAmr's throat himself. 112.After the killing of ʿAmr b.Saʿīd b. al-ʿĀṣ, in 69/688-9, ʿAbd al-Malik was persuaded by ʿAbd al-ʿAzīz b.Marwān not to kill ʿAmr's sons, Yahyā and ʿAnbasa, on the basis that they were Umayyads; they were imprisoned (ḥubisa) instead. 113.In 71/690-1, Muṣʿab b. al-Zubayr rounded up known supporters of ʿAbd al-Malik and abused them in public, had them beaten and their beards shaved, exposed them to the sun for three days, forced them to divorce their wives and swear not to remarry. 114Others were killed and had their property destroyed or seized. 115ad fled. 134Later in the same year, Qutayba beheaded and crucified Nīzak himself, with two of his fraternal nephews 'beside a spring named Wakhsh Khāshān at Iskīmisht'; the number of those beheaded on the same occasion is said to have been either 700 or 12,000. 135There are various stories about Nīzak's imprisonment prior to his execution. 136.When one of his companions deserted him for Sulaymān in 91/709-10, Qutayba b.Muslim arrested a group of the traitor's family (qawman min ahl baytihi), killed them and cut off the hands and feet of others (faqatalahum wa-qaṭaʿa aydiy ākharīn wa-arjulahum). 13730.In 94/712-13, the new governor of Medina, ʿUthmān b.Ḥayyān al-Murrī, 'imprisoned and punished' (ḥabasahum wa-ʿāqabahum) two Iraqis before sending them, and the other Iraqis in Medina, to al-Ḥajjāj 'in neck collars' (fī jawāmiʿ).ʿUthmān 'pursued the heretics' (atbaʿa ahl al-ahwāʾ) and seized two Kharijites, Hayṣam and Manḥūr; the former either suffered 'amputation' (qaṭaʿahu), or, on the orders of al-Walīd, had his hand and foot cut off before being killed. 138.In 94/712-13, al-Ḥajjāj executed Saʿīd b.Jubayr, one of two former rebels who had been sent to him by the governor of Mecca.(The other was imprisoned until al-Ḥajjāj died; a third had died en route to Iraq.) Saʿīd was beheaded after an exchange about the pledge of allegiance; both his legs were then cut off -perhaps as a result of a misunderstanding of al-Ḥajjāj's words. 13932.A cluster of traditions credits the caliph ʿUmar b. ʿAbd al-ʿAzīz (r.717-20) with seeking to restrict the use of amputation and execution by his governors, while reserving authority on the matter to himself.One version of the relevant decree is: …and do not bring about an innovation in amputation and 'crucifixion' without consulting me (wa-lā tuḥdithū ḥadathan fī qaṭʿ wa-ṣalb ḥattā tuʾāmirūnī) … 140 134 alṬabarī, Taʾrīkh, ii, 1218. 135Ibid., ii, 1222-4.Cf. alBalādhurī, Futūḥ, 420. 136alṬabarī, Taʾrīkh, ii, 1224-5. 137 33 R. Hoyland, Seeing Islam as Others Saw It: A Survey and Evaluation of Christian, Jewish and Zoroastrian Writings on Early Islam (Princeton, 1997), 196-7. 34On Roman and Ancient Near Eastern law, see further below, 116-20. 35I. ʿAbbās ʿAbd alḤamīd b.Yaḥyā alKātib wamā tabqā min rasāʾilihi wa rasāʾil Sālim Abī alʿAlāʾ (Amman, 1988), 215-6, citing: Ibn Abī Ṭāhir Ṭayfūr, Ikhtiyār almanẓūm walmanthūr (Cairo, n.d.), xiii, 201; alQalqashandī, Ṣubḥ al aʿshā fī ṣināʿat alinshāʾ, ed.M. A. Ibrāhīm (Cairo, 1913-20), x, 195 et al.Closely related ideas are found in a letter written by ʿAbd al-Ḥamīd from Marwān II to Saʿīd b. ʿAbd al-Malik on the occasion of Yazīd b. al-Walīd's call for throwing off allegiance to al-Walīd II in 126/744: A verse by the Umayyad panegyricist, JAIS ONLINE Jarīr (d.111/729), is linked by tradition to al-Ḥajjāj's execution of Saʿīd b.Jubayr: How many a breaker of the two pledges of allegiance have you left, with his beard dyed with the blood of [his] jugular veins. 38An unnamed Anṣārī poet is said to have denigrated the head of Zayd b. ʿAlī when it was displayed in Medina in 122/739-40: Indeed, O violator of the covenant (nāqiḍ al-mīthāq), rejoice in what has brought you disaster.You betrayed the contract (naqaḍta al-ʿahd) and the covenant of olden times which preceded you.Iblīs has violated an oath (akhlafa) regarding what he promised you. 39 26 A. Marsham, Rituals of Islamic Monarchy: Accession and Succession in the First Muslim Empire (Edinburgh, 2009), esp.168-78. 27waawfū biʿahdi 'llāhi idhā ʿāhadtum walā tanquḍū 'laymāna baʿda tawkīdihā waqad jaʿaltum Allāha ʿalaykum kafīlan inna 'llāha yaʿlamu mā tafʿalūna. 28M. Hinds and H. Sakkout, 'A letter from the governor of Egypt concerning EgyptianNubian relations in 141/758', in W. alQāḍī, ed., Studia Arabica et Islamica: Festschrift for Iḥsān ʿAbbās (Beirut, 1981), 209-29.