Development of Muslim Theology, Jurisprudence, and Constitutional Theory

by Duncan Black MacDonald

SOVEREIGNTY OF KHALIFATE

But a wave was soon to break in and sweep away all these forms. It came with the Mongols under Hulagu, who passed from the destruction of the Assassins to the destruction of Baghdad and the Khalifate. In A.H. 656 (A.D. 1258), the city was taken and the end of the Abbasids had come. An uncle of the reigning Khalifa escaped and fled to Egypt, where the Mamluk Sultan received him and gave him a spiritual court and ecclesiastical recognition. He found it good to have a Khalifa of his own to use in any question of legitimacy. The name had yet so much value. Finally, in 1517, the Mamluk rule went down before the Ottoman Turks, and the story told by them is that the last Abbasid, when he died in 1538, gave over his rights to their Sultan, Sulayman the Great. Since then, the Ottoman Sultan of Constantinople has claimed to be the Khalifa of Muhammad and the spiritual head of the Muslim world.

Such were the fates of the Commanders of the Faithful. We have traced them through a long and devious course, full of confusions and complications. Leaving aside the legitimist party, the whole may be summed in a word. The theoretical position was that the Imam, or leader, must be elected by the Muslim community, and that position has never, theoretically, been abandoned. Each new Ottoman sovereign is solemnly elected by the Ulama, or canon lawyers and divines of Constantinople. His temporal sovereignty comes by blood; in bestowing this spiritual sovereignty the Ulama act as representatives of the People of Muhammad. Thus the theoretical position was liable to much modification in practice. The Muslim community resolves itself into the people of the capital; still further, into the body-guard of the dead Khalifa; and, finally, as now, into the peculiar custodians of the Faith. Among the Ibadites the position from the first seems to have been that only those learned in the law should act as electors. Along with this, the doctrine developed that it was the duty of the people to recognize un fait accompli and to do homage to a successful usurper—until another more successful should appear. They had learned that it was better to have a bad ruler than no ruler at all. This was the end of the democracy of Islam.

CONSTITUTIONAL QUESTION OF TO-DAY

Finally, it may be well to give some account of the constitutional question as it exists at the present day. The greatest of the Sultans of Islam is undoubtedly the Emperor of India. Under his rule are far more Muslims than fall to any other. But the theory of the Muslim State never contemplated the possibility of Muslims living under the rule of an unbeliever. For them, the world is divided into two parts, the one is Dar al-Islam, abode of Islam; and the other is Dar al-harb, abode of war. In the end, Dar al-harb must disappear into Dar al-Islam and the whole world be Muslim. These names indicate with sufficient clearness what the Muslim attitude is toward non-Muslims. It is still a moot point among canon lawyers, however, whether Jihad, or holy war, may be made, unprovoked, upon any Dar al-harb. One thing is certain, there must be a reasonable prospect of success to justify any such movement; the lives of Muslims must not be thrown away. Further, the necessity of the case—in India, especially—has brought up the doctrine that any country in which the peculiar usages of Islam are protected and its injunctions—even some of them—followed, must be regarded as Dar al-Islam and that Jihad within its borders is forbidden. We may doubt, however, if this doctrine would hold back the Indian Muslims to any extent if a good opportunity for a Jihad really presented itself. The Shi‘ites, it may be remarked, cannot enter upon a Jihad at all until the Hidden Imam returns and leads their armies.

THEORIES OF THE KHALIFATE

Again the two signs of sovereignty for Muslims are that the name of the sovereign should be on the coinage and that he should be prayed for in the Friday sermon (khutba). In India, the custom seems to be to pray for “the ruler of the age” without name; then each worshipper can apply it as he chooses. But there has crept in a custom in a few mosques of praying for the Ottoman Sultan as the Khalifa; the English government busies itself little with these things until compelled, and the custom will doubtless spread. The Ottoman Sultan is certainly next greatest to the Emperor of India and would seem, as a Muslim ruling Muslims, to have an unassailable position. But in his case also difficult and ambiguous constitutional questions can be raised. He has claimed the Khalifate, as we have seen, since 1538, but the claim is a shaky one and brings awkward responsibilities. As stated at the present day, it has five grounds. First, de facto right; the Ottoman Sultan won his title by the sword and holds it by the sword. Second, election; this form has been already described. Third, nomination by the last Abbasid Khalifa of Egypt; so Abu Bakr nominated Umar to succeed him, and precedent is everything in Islam. Fourth, possession and guardianship of the two Harams, or Sacred Cities, Mecca and al-Madina. Fifth, possession of some relics of the Prophet saved from the sack of Baghdad and delivered to Sultan Salim, on his conquest of Egypt, by the last Abbasid. But these all shatter against the fixed fact that absolutely accepted traditions from the Prophet assert that the Khalifa must be of the family of Quraysh; so long as there are two left of that tribe, one must be Khalifa and the other his helper. Still, here, as everywhere, the principal of Ijma, Agreement of the Muslim people, (see p. 105) comes in and must be reckoned with. These very traditions are probably an expression in concrete form of popular agreement. The Khalifate itself is confessedly based upon agreement. The canon lawyers state the case thus: The Imamites and Isma‘ilians hold that the appointment of a leader is incumbent upon God. There is only the difference that the Imamites say that a leader is necessary in order to maintain the laws unimpaired, while the Isma‘ilians regard him as essential in order to give instruction about God. The Kharijites, on the other hand, recognize no fundamental need of an Imam; he is only allowable. Some of them held that he should be appointed in time of public trouble to do away with the trouble, thus a kind of dictator; others, in time of peace, because only then can the people agree. The Mu‘tazilites and the Zaydites held that it was for man to appoint, but that the necessity was based on reason; men needed such a leader. Yet some Mu‘tazilites taught that the basis was partly reason and partly obedience to tradition. On the other hand, the Sunnites hold that the appointment of an Imam is incumbent upon men and that the basis is obedience to the tradition of the Agreement of the Muslim world from the earliest times. The community of Islam may have disputed over the individual to be appointed, but they never doubted that the maintenance of the faith in its purity required a leader, and that it was, therefore, incumbent on men to appoint one. The basis is Ijma, Agreement, not Scripture or tradition from Muhammad or analogy based on these two.

It will be seen from this that the de facto ground to the claim of the Ottoman Sultan is the best. The Muslim community must have a leader; this is the greatest Muslim ruling Muslims; he claims the leadership and holds it. If the English rule were to become Muslim, the Muslims would rally to it. The ground of election amounts to nothing, the nomination to little more, except for antiquarians; the possession of the Prophetic relics is a sentiment that would have weight with the crowd only; no canon lawyer would seriously urge it. The guardianship of the two Harams is precarious. A Turkish reverse in Syria would withdraw every Turkish soldier from Arabia and the great Sharif families of Mecca, all of the blood of the Prophet, would proclaim a Khalifa from among themselves. At present, only the Turkish garrison holds them in check.

PAN-ISLAMISM

But a Khalifa has responsibilities. He absolutely cannot become a constitutional monarch in our sense. He rules under law—divine law—and the people can depose him if he breaks it; but he cannot set up beside himself a constitutional assembly and give it rights against himself. He is the successor of Muhammad and must rule, within limitations, as an absolute monarch. So impossible is the modern Khalifate, and so gigantic are its responsibilities. The millions of Chinese Muslims look to him and all Muslims of central Asia; the Muslims of India who are not Shi‘ite also look to him. So, too, in Africa and wherever in the world the People of Muhammad have gone, their eyes turn to the Bosphorus and the Great Sultan. This is what has been called the modern Pan-Islamic movement; it is a modern fact.