FREE BOOKS

Author's List




PREV.   NEXT  
|<   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76  
77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   >>  
ssion of the Omayyad khalifs, the actual authority rested in the hands of dynasties, and under the Abbasids government assumed even a despotic character. This relation between the governors and governed, originally alien to Islam, was not changed by the transference of the actual power into the hands of _wezirs_ and officers of the bodyguard; nor yet by the disintegration of the empire into a number of small despotisms, the investiture of which by the khalif became a mere formality. Dynastic and political questions were settled in a comparatively small circle, by court intrigue, stratagems, and force; and the canonists, like the people, were bound to accept the results. Politically inclined interpreters of the law might try to justify their compulsory assent to the facts by theories about the Ijma' of the notables residing in the capital, who took the urgent decisions about the succession, which decisions were subsequently confirmed by general homage to the new prince; but they had no illusions about the real influence of the community upon the choice of its leader. The most independent scholars made no attempt to disguise the fact that the course which political affairs had taken was the clearest proof of the moral degeneration which had set in, and they pronounced an equally bold and merciless criticism upon the government in all its departments. It became a matter of course that a pious scholar must keep himself free from all intercourse with state officials, on pain of losing his reputation. The bridge across the gulf that separated the spiritual from the temporal authorities was formed by those state officials who, for the practice of their office, needed a knowledge of the divine law, especially the _qadhis_. It was originally the duty of these judges to decide all legal differences between Mohammedans, or men of other creeds under Mohammedan protection, who called for their decision. The actual division between the rulers and the interpreters of the law caused an ever-increasing limitation of the authority of the _qadhis_. The laws of marriage, family, and inheritance remained, however, their inalienable territory; and a number of other matters, in which too great a religious interest was involved to leave them to the caprice of the governors or to the customary law outside Islam, were usually included. But as the _qadhis_ were appointed by the governors, they were obliged in the exercise of their office to give du
PREV.   NEXT  
|<   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76  
77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   >>  



Top keywords:

governors

 

actual

 

qadhis

 

office

 
interpreters
 
political
 

officials

 

decisions

 

number

 

authority


originally

 

government

 

practice

 

formed

 

spiritual

 

temporal

 

authorities

 
rested
 

knowledge

 

judges


decide
 
khalifs
 

separated

 

divine

 

needed

 

bridge

 

scholar

 
departments
 

Abbasids

 

matter


intercourse

 
reputation
 

differences

 
losing
 

dynasties

 

Mohammedans

 
involved
 
caprice
 

interest

 

religious


matters

 

customary

 

obliged

 

exercise

 

appointed

 

included

 
territory
 

inalienable

 
protection
 

called