CHAPTER II

THE ARAB PERIOD

Islam in its earlier form was entirely an Arab religion. The temporal

side of the Prophet Muhammad’s mission shows him engaged in an effort

to unite the tribes of the Hijaz in a fraternal union, to limit the

custom of the _razzia_ (_ghazza_) or marauding foray, and to form an

orderly community. These temporal aims were due to the influence of

Madina on the Prophet and to the conviction that it was only in such a

community that his religious teaching could obtain a serious attention.

In Mecca he had been faced with constant opposition chiefly due to the

tribal jealousies and strife which formed the normal condition of a

Bedwin community. Madina was a city in a sense quite different from

that in which the term could be applied to Mecca. It had developed a

civic life, rudimentary no doubt but very far in advance of the Meccan

conditions, and had inherited a constitutional tradition from Aramaean

and Jewish colonists. At Madina the Prophet began to perceive the

difference produced by the association of men in an ordered communal

life as contrasted with the incoherence of the older tribal conditions,

and the accompanying difference of attitude towards religion. This

last was not really due to civic life but more directly to Jewish

influence, although no doubt the conditions of city life were more

favourable to the evolution of speculative theology than those of the

wilder tribes. The older Arabs seem to have accepted the idea of one

supreme God, but speculated little about him: they did not regard the

supreme deity as at all entering into their personal interests, which

were concerned only with the minor tribal deities who were expected

to attend diligently to tribal affairs and were sharply censured when

they appeared to be negligent about the interests of their clients.

The desert man had no tendency to the sublime thoughts about God with

which he is sometimes credited, nor had he any great reverence towards

the minor members of his pantheon. The Prophet found it one of his

most difficult tasks to introduce the observance of prayer amongst the

Arabs, and they do not appear very much attached to it at the present

day. In Madina the Prophet was in contact with men whose attitude

towards religion was very different and who were more in sympathy with

the principles which he had learned from very much the same sources as

themselves.

In Madina, therefore, the Prophet added a temporal side to the

spiritual work in which he had been previously engaged. It was not

consciously a change of attitude, but simply the adoption of a

subsidiary task which seemed to provide a most useful accessory to

the work which he had already been doing. Its keynote is given in the

Madinian Sura 49.10, “Only the faithful are brethren, wherefore make

peace between your brethren.” It was a call to his fellow Arabs of the

Hijaz to cease their strife and to unite in the bonds of brotherhood.

Such a union on the part of those whose habits and ideals were warlike

and who were disinclined to the arts of peace, necessarily produced

an attitude of hostility towards persons outside their community.

Was this militant attitude any part of Muhammad’s plans? The answer

must certainly be in the negative. The military enterprises of early

Islam were no part of its original programme. In those enterprises the

Prophet and his immediate successors show a hesitating and dubious

attitude; obviously their hands were forced and they take the lead

reluctantly. As Fr. Lammens says:--

Le Qoran travailla à réunir les tribus du Higaz. La prédication de

Mahomet réussit à mettre sur pied une armée, la plus nombreuse, la

plus disciplinée qu’on êut vue jusque-là dans la Péninsule. Cette

force ne pouvait longtemps demeurer sans emploi. Par ailleurs

l-islam, en imposant la paix entre les tribus, ralliées à la

nouvelle religion ou simplement à l’état médinois en formation,--le

_ta´līf al-qoloūb_ poursuivait ce dernier objectif--l’islam allait

fermer tout issue à l’inquiète activité des nomades. Il prétendait

supprimer à tout le moins limiter, le droit de razzia, placé à

la base de cette société patriarcalement anarchique. Il fallait

s’attendre à voir le torrent; momentanément endigué, déborder sur

les régions frontières.

“Que Mahomet ait assigné ce but à leurs efforts? Il devient

difficile de défendre cette thèse, trop facilement acceptée

jusqu’ici.”

(Lammens: _Le berceau de l’islam_. Rome, 1914, i. p. 175.)

In the expedition against Mecca a militant attitude was the inevitable

result of compelling circumstances. The Meccans were actively hostile

and had adopted a persecuting attitude towards those who accepted

the new religion. At the time the Quraysh tribe, to which Muhammad

belonged, was so far in the ascendant that its adhesion was necessary

for the progress of Islam in the Hijaz: the championship of some

prominent tribe was essential, and Muhammad himself was deeply attached

to the traditional “House of God” at Mecca, to which his own family was

bound by many associations; besides he desired the adherence of his

own tribe as his mission was to it in the first place. Had the Meccan

opposition not been broken down the Muslim religion could have been

no more than the local cult of Madina, and even as such would have

had to be perpetually on the defensive. No doubt the “holy war” as an

institution was based on the traditions of this expedition, but such a

war is related to the later enterprises for the conquest of non-Arab

nations by a line of development which the Prophet himself could hardly

have anticipated. The challenge to Heraclius is on a similar footing.

Although we may not be disposed to accept the traditional account given

by Bukhari, there no doubt was some such challenge. But Heraclius had

only recently re-conquered Syria for the Byzantine Empire, the land he

had acquired included a considerable portion of the Syrian desert which

formed a geographical unity with Arabia, and amongst his subjects were

Arab tribes closely akin to those of the Hijaz.

Islam became a militant religion because it spread amongst the

Arabs at a time when they were beginning to enter upon a career of

expansion and conquest, and this career had already commenced before

Muhammad had got beyond the first--the purely spiritual--stage of his

work. The only reason why the earlier Arab efforts were not followed

up immediately seems to have been that the Arabs were so surprised

at their success that they were unprepared to take advantage of it.

For some time previously Arab settlements had been formed in the

debateable land where the Persian and Byzantine Empires met, but this

encroachment had been more or less veiled by the nominal suzerainty

of one or other of the great states. The Quda, a tribe of Himyaritic

Arabs, had settled in Syria and become Christian, and was charged by

the Byzantine Emperor with the general control of the Arabs of Syria

(Masudi: iii., 214-5); that tribe was superseded by the tribe of Salih

(id. 216), and that by the Arab kingdom of Ghasan which acknowledged

the Emperor of Byzantium as its overlord, whilst the Arab kingdom of

Hira acknowledged the Persian king. Somewhere between A.D. 604 and 610,

when the first beginnings of persecution were falling on the Prophet

in Mecca, the Arabs led by al-Mondir inflicted a crushing defeat upon

the Persian army under King Khusraw Parwiz, who, a few years before,

had led a victorious force to the invasion of the Byzantine province

of Syria. This victory showed the Arabs that, in spite of its imposing

appearance, the Persian Empire, and presumably the Byzantine also, were

vulnerable, and a determined effort might easily place the wealth of

both at the disposal of the Arabs.

The Muslim conquests of the 7th century A.D. form the last of a series

of great Semitic outspreads of which the earliest recorded in history

resulted in the formation of the empire of Babylon some 2225 years

before the Christian era. In all these the motive power lay in the

Arabs who represent the parent Semitic stock, the more or less nomadic

inhabitants of the barren highlands of Western Asia, who have always

tended to prey upon the more cultured and settled dwellers in the river

valleys and on the lower slopes of the hills.

“The belts between mountain and desert, the banks of the great rivers,

the lower hills near the sea, these are the lines of civilization

(actual or potential) in Western Asia. The consequence of these

conditions is that through all the history of Western Asia there runs

the eternal distinction between the civilized cultivators of the plains

and lower hills and the wild peoples of mountain and desert. The great

monarchies which have arisen here have rarely been effective beyond the

limits of cultivation; mountain and desert are another world in which

they can get, at best, only precarious footing. And to the monarchical

settled peoples the near neighbourhood of this unsubjugated world

has been a continual menace. It is a chaotic region out of which may

pour upon them at any weakening of the dam hordes of devastators. At

the best of times it hampers the government by offering a refuge and

recruiting ground to all the enemies of order.” (Bevan: _House of

Seleucus_, i., p. 22.)

Scornful of agriculture and with a strong distaste for settled and

especially for urban life, the Bedwin are those who have remained

nomads by preference, and like all races at that stage of evolution,

find the most congenial outlet for their vigour in tribal warfare and

plundering expeditions. From the earliest dawn of history they have

always been strongly tempted by the wealth of the settled communities

within reach, and appear in the oldest records as robber bands.

Sometimes predatory excursions were followed by settlement, and the

invading tribes learned the culture of those amongst whom they settled:

all the Semitic groups other than the Arabs had formed such settlements

before the 7th century A.D., and these groups are distinguished one

from another, and all from the parent stock, simply by the cultural

influences due to the earlier inhabitants of the lands they entered;

the Arab stock itself remained high and dry, the stranded relic of more

primitive conditions, though itself not absolutely free from a reacting

influence. The only thing that ever has restrained the incursions of

these nomadic tribes into such neighbouring lands as offer hope of

plunder is the military power of those who endeavour to place a barrier

for the protection of the settled community of the cultivated area,

and every Arab outspread has been due, not to the pressure of hunger

resulting from the desiccation of Arabia, nor to religious enthusiasm,

but simply to the weakness of the power which tried to maintain a dam

against them.

In the 7th century A.D. the two powers bordering on the Arab area

were the Byzantine and Persian empires. Both of these were, to all

appearance, flourishing and stable, but both alike were in reality

greatly weakened by external and internal causes which were closely

parallel in the two. Externally, both had been severely shaken by

some centuries of warfare in which they had disputed the supremacy

of Western Asia, and both had suffered from rear attacks by more

barbarous foes. Internally, both alike had a thoroughly unsatisfactory

social structure, though the details differ: in the Byzantine Empire

almost the whole burden of a very heavy taxation fell upon the middle

classes, the _curiales_, and the armies were mainly composed of foreign

mercenaries, whilst in the Persian Empire a rigid caste system stifled

natural development. In both we see a state church engaged in active

persecution and thereby alienating a large section of the subject

population.

The career of Muslim conquest came with great suddenness. Between the

years 14 and 21 A.H. (A.D. 635-641) the Arabs obtained possession of

Syria, Iraq, Egypt, and Persia. They owed to Islam the united action

which made these conquests possible, but the older Muslims who had

shared the ideals and labours of the Prophet, though put at the head,

were carried forward reluctantly and yet irresistibly by the expanding

force behind them. Many of them viewed these large accessions with

very real anxiety. When the second Khalif Umar saw the large number of

prisoners and captives from Jalûlâ (Persia) flocking into Arabia, he

exclaimed, “O, God, I take refuge with thee from the children of these

captives of Jalûlâ.”

Already the community of Islam contained three distinct strata. (i)

The “old believers,” i.e., the _sahibs_ or companions of the Prophet

and the early converts who placed the religion of Islam first and

desired that religion to produce a real brotherhood of all believers,

whether Arab or not. Important by their prestige they were numerically

in the minority. (ii) The Arab party, consisting of those who had

embraced Islam only when Muhammad had shown his power by the capture

of Mecca. They accepted Muslim leadership because Muhammad and the

first two Khalifs were at the moment in the ascendancy, but they had

no attachment to the religion of Islam. They were those who would have

gone forward to conquest under any efficient leader as soon as it was

clear that Persia and the Greek Empire were vulnerable, and to them

it was a detriment that union under a leader incidentally involved

adherence to a new religion. At the head of these purely secular Arabs

was the Umayyad clan of the tribe of Quraysh, and the main thing which

gained their continued adherence to Islam was that the Prophet himself

had belonged to that tribe and so the prestige of Islam involved that

of the Quraysh who thereby became a kind of aristocracy. Although

the Umayyads were thus able to gratify their personal pride, always

a strong factor in semi-civilised psychology, and even to obtain a

considerable measure of control over the other tribes, this only served

to perpetuate the pre-Islamic conditions of tribal jealousy, for the

primacy of the Quraysh was bitterly resented by many rivals. For the

most part the true Arab party was, and still is, indifferent towards

religion.

“The genuine Arab of the desert is, and remains at heart, a sceptic

and a materialist; his hard, clear, keen, but somewhat narrow

intelligence, ever alert in its own domain, was neither curious nor

credulous in respect to immaterial and supra-sensual things; his

egotistical and self-reliant nature found no place and felt no need

for a God who, if powerful to protect, was exacting of service and

self-denial.” (Browne: _Literary Hist. of Persia_, i., pp. 189-190.)

The Arab certainly was not disposed to regard the conquered alien, even

if he embraced Islam, as a brother. To him the conquest of foreign

lands meant only the acquisition of vast estates, of great wealth

and unlimited power: to him the conquered were simply serfs to be

used as a means of rendering the conquered lands more productive. The

conquered were allowed the choice either to embrace Islam or to pay the

poll tax, but the `Umayyads discouraged conversion as damaging to the

revenue, although the cruel and hated Hajjaj b. Yusuf (d. 95) forced

even converts to pay the tax from which they were legally exempt. (iii)

The third stratum consisted of the “clients” (mawla, plur. mawâlî),

the non-Arab converts, theoretically received as brethren and actually

so treated by the “old believers,” but regarded as serfs by Arabs of

the Umayyad type. Owing to the wide expansion of Islam these rapidly

increased in number until, in the 2nd century of the Hijra, they formed

the vast majority of the Muslim world.

The two first Khalifs were “old believers” who had been companions of

the Prophet in his flight from Mecca. The third, `Uthman, had also been

one of the Prophet’s companions, but he was a weak man and moreover,

belonged to the `Umayyad clan, which, as the aristocratic element in

Mecca, was then in the ascendant and, unable to free himself from

the nepotism which is an Arab failing, allowed the rich conquests

of Syria, Egypt, `Iraq, and Persia to become the prey of ambitious

members of the clan and thus suffered the complete secularising of the

Islamic state. When, in 35 A.H., he fell a victim to the assassin,

he was succeeded by `Ali, one of the older Muslims and the Prophet’s

cousin and son-in-law. But at `Ali’s accession the internal division

appears as an accomplished fact. The purely secular Arabs, led by the

`Umayyad Mu`awiya, who was governor of Syria, entirely refused to

recognise `Ali, affecting to regard him as implicated in the murder of

`Uthman, or at least as protecting his murderers. On the other hand,

the Kharijite sect, claiming to represent the older Muslim type, but

in reality mainly composed of the Arabs of Arabia and of the military

colonies, who were envious of the power and wealth of the Umayyad

faction, at first supported him, then turned against him, and in 41

were responsible for his assassination.

At `Ali’s death Mu`awiya became Khalif and founded the Umayyad dynasty

which ruled from 41 to 132 A.H. During the whole of this period the

official Khalifate was Arab first and Muslim only in the second place.

This forms the second period of the history of Islam when the religion

of the Prophet was allowed to sink into the background and the Arab

regarded himself as the conqueror ruling over a subject population.

There was no forcible conversion of a subject population, indeed,

save in the reign of `Umar II (A.H. 99-101) conversions were rather

discouraged as detrimental to the poll tax levied on non-Muslims. There

was no attempt to force the Arabic language: until the reign of `Abdu

l-Mâlik (65-86), who started an Arabic coinage, the public records

were kept and official business transacted in Greek, Persian, or

Coptic, as local requirements demanded, and the change to Arabic seems

to have been suggested by the non-Muslim clerks. When Arabic became

the official medium of public business then, of course, motives of

convenience and self-interest caused its general adoption. Hitherto it

had been used in prayer by those who had become Muslim, but now it had

to be learned more accurately by all who had to do with the collection

of the revenue or the administration of justice. Incidentally this

became a matter of great importance, as it provided a common medium for

the exchange of thought throughout the whole Muslim world.

As rulers in Syria, the Arabs were in contact with a fully developed

culture which was brought to bear upon them in various ways, in the

structure of society and in social order generally, in the arts and

crafts, and in intellectual life. The Greek influence was nearest

at hand, but there was also a very strong Persian element in close

contact with them. The provincial officials of Syria, all trained

in the methods of the Byzantine Empire, continued in their employ,

and, as Syria was the seat of the `Umayyad government, the state came

under Greek influence. Yet, for all this, even in `Umayyad times,

the Persian influence seems to have been very strong in political

organization. The governments already existing in Egypt and Syria were

provincial, dependent upon and subordinate to, the central government

at Byzantium, and constantly recruited by Byzantine officials, at least

in their upper grades. The Persian government, on the other hand, was

a self-contained one, fully organised throughout and including the

supreme and central authority. Until the fall of the `Umayyads, after

which Persian influence became supreme, the political structure of the

Muslim state was somewhat experimental; apparently the rulers left

the details altogether to the subordinate officials who adapted to

the needs of the state such elements as they could use from the old

provincial administration.

In the matter of taxation the early Khalifate continued the system

already in vogue and employed existing methods for the collection of

the newly imposed poll tax. It was on this side that the `Umayyad rule

was most unsatisfactory. Like many who have been bred in poverty and

have afterwards suddenly come into great wealth, the Arabs behaved

as though their wealth was inexhaustible: each governor bought his

appointment from the state and it became a recognised custom for him to

exact a cash payment from the outgoing governor, and then he was free

to raise what he could from his defenceless subjects to prepare for the

day when his opportunities of exaction came to an end. The thoroughly

unsatisfactory condition of the `Umayyad financial system was one of

the leading causes of their fall. One of the `Umayyad sheikhs, named

Minkari, when asked the reason of their fall, replied:--

“We gave to pleasure the time which should have been devoted to

business. Our subjects, harshly treated by us and despairing of

obtaining justice, longed to be delivered from us: the tax payers,

overburdened with exactions, were estranged from us: our lands were

neglected, our resources wasted. We left business to our ministers who

sacrificed our interests to their own advantage, and transacted our

affairs as they pleased and without our knowledge. The army, with its

pay always in arrear, ceased to obey us. And so the small number of

our supporters left us without defence against our enemies, and the

ignorance of how we stood was one of the chief causes of our fall.”

(Masudi: vi., 35-36.)

It will not be unfair to say, therefore, that during the `Umayyad

period the Arabs learned practically nothing of the art of government

and of the work of administration. They were in the position of

prodigal young heirs who leave all details to their men of business and

content themselves with squandering the proceeds.

In the case of civil law matters were rather different. The civil

law is necessarily based on the social and economic structure of

the community, and in the acquired provinces this was so different

from that prevailing in Arabia that it was necessarily forced on the

attention of the Arabs. Moreover, in primitive Islam, the line was not

clearly drawn between the canon law and the civil law. Inheritance,

the taking of pledges, and such like matters, were to the Arabs

subject to the direction and sanction of the law of God as revealed

by his Prophet. Thus, for example, Sura 4, one of the later Madinian

revelations, contains a statement of the law relating to guardianship,

inheritance, marriage, and kindred topics, according to the social

conditions prevailing at Madina. But in the Greek and Persian dominions

the conquering Arab had to deal with more complex conditions for which

the revealed law made no provision, although what it did contain so

far touched the subject that it could not be treated regardless of

revelation. It seemed impossible to disregard the revealed precepts and

substitute an alien legislation, although this has been done in the

modern Ottoman Empire, but not without many and grave protests; in the

first century it would have been intolerable, for every disaffected

faction would have used it to break up the Muslim state which was

only held together by the prestige of the Prophetical tradition. We

may well suppose that the `Umayyads would have had no reluctance to

try the experiment, but it was too dangerous. The only alternative

was to expand the sacred law so as to include new requirements, and

in the `Umayyad period this was done by the addition of a vast number

of fictitious traditions professing to relate what the Prophet had

said and done in conditions in which he had never been placed. In

describing these traditions as “fictitious,” it is not necessarily

implied that they were fraudulent, although many were so, showing an

obvious motive in increasing the privileges and rights of the dominant

faction or asserting the tribal pre-eminence of the Quraysh, etc.

But more often they are “fictitious” in the sense of legal fictions

rightly correcting the actual law in the interests of equity. When

entirely new conditions arose, the question would be asked, “How would

the Prophet have acted in this case?” The early companions of the

Prophet, educated in the same environment as he had been educated,

and confident that their outlook was essentially the same as his,

had no hesitation in stating what he would have done or said, and

their statement was almost certainly correct: but they worded their

evidence, or it was afterwards worded for them, as a statement of

what the Prophet actually had done or said. And, later again, in a

subsequent generation, when new problems arose, no difficulty was felt

in accepting the supposition that the Prophet would have admitted the

reasonable and just solution which the Roman jurists proposed. Thus it

finally came to pass that a considerable portion of the Roman civil law

was embodied in the traditions of Islam (cf. Santillana: _Code civil et

commerciel tunisien._ Tunis, 1899, etc.) It is not to be supposed that

Arab governors and judges studied the Roman code, they simply accepted

its provisions as they found them in force in Syria and Egypt, and

thus learned its general principles from the usage of the civil courts

already existing. In many places material is found in the traditions

which can be traced to Zoroastrian, Jewish, and even Buddhist sources,

though these deal rather with ritual and the description of the unseen

world and serve to show how readily Islam absorbed elements with which

it was in contact. So far as the actual needs of the civil law are

concerned, the chief source was the Roman law, and these needs fill a

very large part of the traditions.

It was not until the close of the `Umayyad period that the Muslims

began to develop a scientific jurisprudence and to make a critical

examination and codification of the traditions. In the case of

jurisprudence there were at first two schools, a Syrian and a Persian.

The Syrian school formulated its system under the leadership of

_al-Awza`i_ (d. 157), and for some time it prevailed over all parts

of the Muslim world which had been parts of the Byzantine Empire.

The Persian school owed its origin to _Abu Hanifa_ (d. 150) and, as

the seat of government was removed to `Iraq by the `Abbasids and Abu

Hanifa’s system was enforced by his pupil Abu Yusuf (d. 182) who was

chief Qadi under the Khalif Harunu r-Rashid, it had a tremendous

advantage over the Syrian school. It became the official system of the

`Abbasid courts and still holds its own through Central Asia, North

India, and wherever the Turkish element prevails, whilst the Syrian

system has become extinct. Abu Hanifa’s system represents a serious

and moderate revision of the methods which had already come into use

as extending the discipline of Islam to the needs of a complex and

advanced civilization. Under the `Umayyads the jurists had supplemented

any deficiencies in the law by their own opinion (_ra´y_) which meant

the application of the judgment of a man trained under the Roman law

as to what was just and fair. In that early period no derogatory

sense was attached to “opinion” which rested on the theory that the

intellect could intuitively perceive what is right and just, thus

assuming that there is an objective standard of right and wrong capable

of apprehension by philosophical enquiry, a theory which shows the

influence of Greek ideas embodied in the Civil Code. But the `Abbasid

period experienced an orthodox reaction which tended to limit freedom

in using speculative opinion, and Abu Hanifa shows this limitation.

In his system weight was attached to every positive statement of the

Qur´an which could be taken as bearing upon the civil law, only to a

slight extent did he avail himself of the evidence of tradition, to a

much larger extent he employs _qiyas_ or “analogy,” which means that

a new condition is judged by comparison with some older one already

treated in the Qur´an, and he also employed what he called _istihsan_,

“the preferable,” that is to say, what seemed to be equitable and

right even when it diverged from the logical conclusion which could be

deduced from the revealed law. Only in this latter case did he admit

what can be described as “opinion,” and this is strictly limited to

the adoption of a course necessary to avoid an obvious injustice.

As thus stated, Abu Hanifa’s system was broader, milder, and more

reasonable than any other treatment of the Islamic law: but it is a

mistake to suppose that it still is mild and reasonable, for in the

course of time the decisions pronounced as to “the preferable” have

become hardened into precedents and the Hanifite code expresses only

those fixed decisions of early mediæval Islam without flexibility. The

case is parallel with the English treatment of equity. In older times

equity shows us the philosophical principles of justice correcting the

defects of common law; but modern practice displays these principles

fossilized as precedents and as rigid and formal in their application

as the common law itself. As first conceived, “the preferable” shows

the influence of Roman law and Greek philosophy, both of which

contemplated an objective standard of right and wrong which could be

discovered by investigation, the Stoic teaching, predominant in Roman

law, tending to treat this discovery as intuitive. Unsupported by other

evidence, we might hesitate to suggest that _istihsan_ necessarily had

a Hellenistic basis, but when we compare the ideas of Abu Hanifa with

the contemporary teaching of Wasil b. `Ata (d. 131) in theology, we

are forced to the conclusion that the same influences are at work in

both, and in Wasil these are certainly derived from Greek philosophy.

We are not justified in supposing that Abu Hanifa ever read the

Greek philosophers or the Roman law, but he lived at a period when

the general principles deduced from these sources were beginning to

permeate Muslim thought, though in fact his teaching tends to limit and

define the application of the general principles according to a system.

The older Muslims supposed that good and evil depend simply on the

arbitrary will of God, who commands and forbids as he sees fit: it was

the influence of the Greek philosophy which brought in the idea that

these distinctions are not arbitrary but due to some natural difference

existing in nature between good and evil and that God is just in that

his decrees conform to this standard.

In orthodox Islam there are now four schools of jurisprudence showing

allowable differences in the treatment of the canon law. Most absurdly

they are sometimes described as “sects”: this they are not as the

differences of opinion are fully recognised as all equally orthodox.

The followers of Abu Hanifa form the most numerous of these schools,

the other three being all more or less reactionary as compared with

it. The contemporary Malik b. Anas (d. 179) was openly actuated by

dislike of the admission of _istihsan_ and the recognition thereby

given to “opinion” for this he substituted what he called _istislah_

or “public expediency,” allowing analogy to be set aside only when

its logical conclusion would be detrimental to the community. The

difference seems to be more a verbal correction than a material change,

but the underlying motive is clear and indicates an orthodox reaction.

At the same time he attached much greater weight to the evidence of

tradition, adding to it also the principle of _ijma_ or “consensus,”

which in his system meant the common usage of Madina. Undoubtedly Ibn

Malik’s position was theoretically sound: the Islamic state had taken

form at Madina and nothing could give so clear light on the policy

of the Prophet and his companions as the local customary law of the

mother city. At the same time Ibn Malik took tradition quite seriously,

indeed, the critical and scientific treatment of tradition begins with

his manual known as the _Muwatta_. To-day Ibn Malik’s school prevails

in Upper Egypt and North Africa west of Egypt. The third authority

_ash-Shafi`i_ (d. 204) takes an intermediate position between Abu

Hanifa and Ibn Malik, interpreting _ijma_ as the general usage of

Islam, and not of the city of Madina alone. The fourth authority,

_Ahmad b. Hanbal_ (d. 241), shows an entirely reactionary position

which reverted to a close adherence to Qur´an and tradition; it carried

great weight amongst the orthodox, especially in Baghdad, but now

survives only in remote parts of Arabia.

In the sphere of the arts and crafts, our best evidence lies in

architecture and engineering. In these the Arabs had no skill and

were conscious of their incapacity. The earliest mosques were simply

enclosures surrounded by a plain wall, but a new type was developed

under the first `Umayyad Khalif Mu`awiya, who employed Persian

non-Muslim builders in the construction of the mosque at Kufa, and they

worked on the lines of the architecture already used by the Sasanid

kings. In this mosque the traditional square enclosure was retained,

but the quadrangle was surrounded by a cloister in the form of a

collonade with pillars 30 cubits high of stone drums held together by

iron clamps and lead beddings. From this the cloistered quadrangle

became the general type of the congregational mosque and remained

so until late Turkish times, when it was partly superseded by the

Byzantine domed church. The dome had been used in earlier times only as

the covering of a tomb, standing alone or attached to a mosque.

The same Khalif Mu`awiya employed bricks and mortar in restorations

which he made at Mecca, and introduced Persian workmen to execute the

repairs. In 124 A.H. (A.D. 700) the fifth `Umayyad Khalif found it

necessary to repair the damage caused at Mecca by flood, and for this

purpose employed a Christian architect from Syria.

In the time of the next Khalif al-Walid, the “Old Mosque” of Fustat

(Cairo), that is now known as the “Mosque of `Amr,” was rebuilt by the

architect Yahya b. Hanzala, who probably was a Persian. The earlier

mosque had been a simple enclosure. The next oldest mosque of Cairo,

that of Ibn Tulun (A.H. 283) also had a non-Muslim architect, the

Christian Ibn Katib al-Fargani.

Not only in the earlier period, but also in the days of the Abbasids,

the Muslims relied exclusively upon Greek and Persian, to a less degree

on Coptic, architects, engineers, and craftsmen for building and

decoration. In Spain of the 2nd century (8th century A.D.) we find the

Byzantine Emperor sending a mosaic worker and 320 quintals of tessarae

for the adorning of the great mosque at Cordova.

In origin all Muslim art had a Byzantine beginning, but the traditions

of Byzantine art received a peculiar direction by passing through a

Persian medium, and this medium colours all work done after the close

of the `Umayyad period. Only in the west, in Spain, and to a less

degree in North Africa, do we find traces of direct Byzantine influence

in later times. But Persian art, as developed under the later Sasanids,

was itself derived from Byzantine models, and mainly from models and by

craftsmen introduced by Khusraw I. (circ. A.D. 528); but even at that

early stage there were also some Indian influences apparent in Persian

and East-Byzantine work, as, for example, in the use of the horse shoe

arch which first appears in Western Asia in the church of Dana on the

Euphrates, circ. A.D. 540. But the horse shoe arch in pre-Muslim times,

as in India, is purely decorative and is not employed in construction.

Thus it appears that the real work of Islam in art and architecture

lay in connecting the various portions of the Muslim world in

one common life, so that Syria, Persia, `Iraq, North Africa, and

Spain shared the same influences, which were ultimately Greek or

Graeco-Persian, the Indian element, of quite secondary importance,

entering directly through Persia. Already before the outspread of

Islam, Byzantine art had entirely replaced native models in Egypt,

and this was largely the case in Persia as well. At most we can say

that Islam evolved a quasi-Byzantine style which owed its distinctive

features to the limitations of the Persian artists, but which

occasionally attained a better level by the importation of Byzantine

craftsmen. Exactly the same general conclusions hold good in the

history of the ceramic arts and in the illumination of manuscripts,

though here the observance of the Qur´anic prohibition of the portrayal

of animal figures, strictly observed only in some quarters and least

regarded in Persia and Spain, caused a greater emphasis to be laid on

vegetable forms in decoration, and on geometrical patterns.

In the field of science and philosophy, where we get such abundant

evidence in the `Abbasid period, we are left with very little material

under the `Umayyads. We know that the medical school at Alexandria

continued to flourish, and we read of one Adfar, a Christian, who was

distinguished as a student of the books of Hermes, the occult authority

which did most to divert Egyptian science into a magical direction, and

we are informed that he was sought out by a young Roman named Morienus

(Marianos) who became his pupil and at his master’s death retired to

a hermitage near Jerusalem. Later on the prince Khalid b. Yazid, of

the `Umayyad family (d. 85 A.H.--704 A.D.) is said to have become the

pupil of Marianos and to have studied with him chemistry, medicine,

and astronomy. He was the author of three epistles, in one of which he

narrated his conversations with Marianos, another relates the manner

in which he studied chemistry, and a third explains the enigmatical

allusions employed by his teachers. Long before this medical and

scientific studies had passed over to Persia, but Alexandria retained

its reputation as the chief centre of such work throughout the `Umayyad

period.

Towards the end of the `Umayyad age the influence of Hellenistic

thought begins to appear in the nature of criticism upon accepted

views of Muslim theology. As in jurisprudence, we have no ground for

supposing that Muslims at this stage were directly acquainted with

Greek material, but general ideas were obtained by intercourse with

those who had been long under Hellenistic influences, and especially by

intercourse with Christians amongst whom the premises of psychology,

metaphysics, and logic had encroached very largely upon the field of

theology by the nature of the subjects debated in the Arian, Nestorian,

and Monophysite controversies which turned mainly upon psychological

and metaphysical problems. The ideas with which the Muslims were

brought into contact suggested difficulties in their own theology, as

yet only partially formulated, and in religious theories which had

taken form in a community entirely ignorant of philosophy. Some of the

older fashioned believers met these questions with a plain negative,

simply refusing to admit that there was a difficulty or any question

for consideration: reason (_`aql_), they said, could not be applied

to the revelation of God, and it was alike an innovation to dispute

that revelation or to defend it. But others felt the pressure of the

questions proposed and, whilst strictly faithful to the statements of

the Qur´an, endeavoured to bring their expression into conformity with

the principles of philosophy.

The questions first proposed were concerned with (a) the revelation of

the Word of God, and (b) the problem of free will.

(a) The Prophet speaks of revelation as “coming down” (_nazala_) from

God and refers to the “mother of the book” which seems to designate the

unrevealed source from which the revealed words are derived. It may be

that this refers to the idea of which the word is the expression, and

that in this the Prophet was influenced by Christian or Jewish theories

which had originally a Platonic colouring, but it seems probable that

he had no very clear theory as to the “mother of the book.” At an early

date the view arose that the Qur´an had existed, though not expressed

in words, that the substance and meaning were eternal as part of the

wisdom of God, though it had been put into words in time and then

communicated to the Prophet, which is now the orthodox teaching on the

basis of Qur. 80. 15. that it was written “by the hands of scribes

honoured and righteous,” this being taken to mean that it was written

at God’s dictation by supernatural beings in paradise and afterwards

sent down to the Prophet. That is not the necessary meaning of the

verse, which may refer to the previous revelations made to the Jews

and Christians which the Prophet regarded as true but afterwards

corrupted, so that the Qur´an is simply the pure transcription of

Divine Truth imperfectly represented by those earlier revelations.

Under the `Umayyads, when a rigid orthodoxy was taking form in quarters

not sympathetic towards the official Khalif, a view arose that the

actual words expressed in the Qur´an were co-eternal with God, and it

was only the writing down of these words which had taken place in time.

It seems probable that this theory of an eternal “word” was suggested

by the Christian doctrine of the “Logos.” It can be traced primarily

to the teaching of St. John Damascene (d. circ. 160 A.H. = A.D. 776)

who served as secretary of state under one of the `Umayyads, either

Yazid II. or Hijam, and his pupil Theodore Abucara (d. 217 = 832),

who express the relation of the Christian Logos to the Eternal Father

in terms very closely resembling those employed in Muslim theology to

denote the relation between the Qur´an or revealed word and God. (cf.

Von Kremer: _Streifzuege_. pp. 7-9). We know from the extant works

of these two Christian writers that theological discussions between

Muslims and Christians were by no means uncommon at the time.

The _Mu`tazilites_ of whom _Wasil b. `Ata_ (d. 131) is generally

regarded as the founder, were a sect of rationalistic tendencies, and

they were opposed to the doctrine of the eternity of the Qur´an and

the claim that it was uncreated because the conclusions to be drawn

seemed to them to introduce distinct personalities corresponding

to the persons of the Christian Trinity, and in these views they

were undoubtedly influenced by the form in which St. John Damascene

presented the doctrine of the Trinity. As it was implied that there was

an attribute of wisdom possessed by God which was not a thing created

by God but eternally with him, and this wisdom may be conceived as not

absolutely identical with God but possessed by him, the Mu`tazilites

argued that it was something co-eternal with God but other than God,

and so an eternal Qur´an was a second person of the Godhead and God

was not absolutely one. Al-Muzdar, a Mu`tazilite greatly revered as an

ascetic, expressly denounces those who believe in an eternal Qur´an as

ditheists. The Mu`tazilites called themselves _Ahlu t-Tawhid wa-l-`Adl_

“the people of unity and justice,” the first part of this title

implying that they alone were consistent defenders of the doctrine of

the Divine Unity.

(b) As to the freedom or otherwise of the human will, the Qur´an

is perfectly definite in its assertion of God’s omnipotence and

omniscience: all things are known to him and ruled by him, and so human

acts and the rewards and punishments due to men must be included: “no

misfortune happens either on earth or in yourselves but we made it,--it

was in the book” (Qur. 57. 22); “everything have We set down in the

clear book of our decrees” (Qur. 36); “had We pleased We had certainly

given to every soul its guidance, but true is the word which hath gone

forth from me,--I shall surely fill hell with jinn and men together.”

(Qur. 32. 13). Yet the appeal for moral conduct implies a certain

responsibility, and consequently freedom, on man’s part. In the mind

of the Prophet, no doubt, the inconsistency between moral obligations

and responsibility on the one hand, and the unlimited power of God on

the other, had not been perceived, but towards the end of the `Umayyad

period these were pressed to their logical conclusions. On the one side

were the _Qadarites_ (_qadr_ “power”), the advocates of free will.

This doctrine first appears in the teaching of _Ma´bad al-Yuhani_ (d.

80 A.H.) who is said to have been the pupil of the Persian Sinbuya and

taught in Damascus. Very little is known of the early Qadarites, but it

is stated that Sinbuya was put to death by the Khalif `Abdu l-Malik,

and that the Khalif Yazid II. (102-106 A.H.) favoured their views.

On the other side were the _Jabarites_ (_jabr_, “compulsion”) who

preached strict determinism and were founded by the Persian _Jahm b.

Safwan_ (d. circ. 130). It is baseless to argue that either free will

or determinism were necessarily due to Persian pre-Islamic beliefs, it

is evident that the logical deduction of doctrinal theology in either

direction was done by Persians; they were, indeed, the theologians of

early Islam. It must be noted that the full development of fatalism was

not reached until a full century after the foundation of Islam and that

its first exponent was put to death as a heretic.

The earlier Qadarites had a Persian origin, but the reaction against

the Jabarites was led by Wasil b. `Ata whose teaching clearly

shows the solvent force of Hellenistic philosophy acting on Muslim

theology. Wasil was the pupil of the Qadarite Hasan ibn Abi l-Hasan

(d. 110) but he “seceded” from his teacher and this is given as the

traditional reason for calling him and his followers the _Mu´tazila_ or

“secession,” and did so on the ground of the apparent injustice imputed

to God in his apportionment of rewards and penalties. The details of

the controversy are quite secondary, the important point is that the

Mu`tazilites claimed to be “the people of Unity and Justice,” this

latter meaning that God conformed to an objective standard of just and

right action so that he could not be conceived as acting arbitrarily

and in disregard of justice, an idea borrowed from Hellenistic

philosophy for the older Muslim conception regarded God as acting as he

willed and the standard of right and wrong merely a dependent on his

will.

Throughout the whole `Umayyad period we see the conquering Arabs, so

far the rulers of the Muslim world, in contact with those who, though

treated with arrogant contempt as serfs, were really in possession of a

much fuller culture than their rulers. In spite of the haughty attitude

of the Arab there was a considerable exchange of thought, and the

community of Islam began to absorb Hellenistic influences in several

directions, and so the canon law and theology of the Muslims was

beginning, at the end of the `Umayyad period, to be leavened by Greek

thought. It was, however, a period of indirect influence; there is no

indication, save in a few instances in the study of natural science and

medicine, of Muslim teachers or students availing themselves directly

of Greek material, but only that they were in contact with those who

were familiar with the work of Greek philosophers and jurists. It

was a period of suspended animation, to some extent, during which a

new language and a new religion were being assimilated by the very

diverse elements now comprised in the Khalifate, and those elements

were being welded together in a common life. However great were the

sectarian and political differences of later times, the church of

Islam long remained, and to a great extent still remains, possessed

with a common life in the sense that there is a mutual understanding

between the several parts and that thus an intellectual or religious

influence has been able to pass rapidly from one extreme to the other,

and the religious duty of pilgrimage to Mecca has done much to foster

this community of life and to promote intercourse between the several

parts. Such an understanding has by no means always produced sympathy

or friendliness, and the various movements as they have passed from one

part to the other have often been considerably modified in the passage;

but the motive power behind a movement in Persia has been intelligible

in Muslim Spain--though perhaps intensely disliked there--and most

often a movement beginning in any one district has sooner or later had

some contact with every other district. There is no such division in

Islam as that which prevents the average English churchman from knowing

about and appreciating a religious movement at work in the Coptic or

Serbian church. The common life of Islam is largely based on the use

of the Arabic language as the medium of daily life, or at least of

prayer and the medium of scholarship, and this was extremely effective

before the inclusion of large Turkish and Indian elements which have

never really become Arabic speaking. It was this which made the

Arabic speaking community of Islam so favourable a medium of cultural

transmission. The `Umayyad period was a marking time during which this

common life was being evolved, and with it was evolved necessarily the

bitterness of sectarian and faction divisions which always result when

divergent types are in too close contact with one another.

Arabic Thought and Its Place in History · 第 2 / 11 章