A striking example of conditions of thought and practice in which

religion had (at a comparatively advanced stage) been so involved in law

as to be almost stifled by law is furnished by the Jewish people as we

find them under Roman dominion. The lawyers referred to in the New

Testament[95] (a class of whom there are but few traces before the

Captivity) are not priests (though of course a priest might happen to be

learned in the law), yet they have a quasi-sacerdotal position as

conversant with and able to interpret a body of rules which are of

divine origin, and embrace the relations of man to God as well as to his

fellow men. Between religious duty and religious ceremony on the one

hand and the performance of civil duties on the other there is no line

of demarcation: all are of like obligation and are tried by similar

canons. Hence piety tends to degenerate into formalism: hence the

precisians who insist upon petty externalities and neglect the weightier

duties deserve and incur the rebukes of a higher spiritual teaching. It

may indeed be said that one great part of the work recorded in the

Gospels, regarded on its historical side, was to disjoin Law from

Religion or Religion from Law. And this work was performed not merely by

superseding parts of the law known as that of Moses, or by giving a new

sense to that law, but also by transforming Religion itself, purging

away the externals of sacrifice and other ceremonial rights, and leading

the renewed and purified soul into ‘the glorious liberty of the people

of God.’

-----

Footnote 95:

The γραμματεῖς (scribes), νομικοί (lawyers), and νομοδιδάσκαλοι

(doctors of the law) of the New Testament seem to be different names

for the same class, and identical with the ἱερογραμματεῖς of Josephus.

-----

That majority of the Jewish race which did not accept the teachings of

Christ continued for many centuries, scattered and depressed as it was

after the destruction of Jerusalem, to treat its ancient law-books and

the traditions which had gathered round them as being both a body of

civil rules and a religious guide of life. Despite the tendency to

formalism which has been noted, there were among the Rabbis of the early

centuries A.D. not a few who dwelt upon the moral and emotional side of

the Mosaic Law, and who through it sustained the spirit of the sorely

tried nation.

In the Christian Church also ceremonies and external observances came

before long to play a great part in worship, and were for ages an

essential element in the popular conception, indeed in the practically

universal conception, of Christianity itself both as a theology and as a

religion. The atmosphere which surrounded nascent Christianity was an

atmosphere saturated with rites and observances. There were in the

primitive Church some few usages and in the New Testament some few texts

on which it was possible to erect a fabric of ceremonial worship. But

even if these conditions had been absent, the tendencies of human nature

to create a body of ritual and to attach a sort of legal sanction to the

external duties which custom prescribed would have prevailed.

How far the rites and practices which nearly every branch of the

Christian Church has to a greater or less extent enjoined are each of

them interwoven with the vital tenets of the faith, is a question not

likely to be settled in any future that we can foresee. But the

conception of the ‘Kingdom of the Heavens’ as something dissevered from

the obligations imposed by legal tradition has also remained ever since

in Christianity as a principle of profound significance, which has at

different times emerged in various forms to become sometimes a

destroying, sometimes a vivifying and transforming force. Such sayings

as ‘Where the Spirit of the Lord is, there is liberty,’ or ‘He hath made

you kings and priests to God,’ or ‘Ye are not under the Law but under

Grace,’ have from time to time roused men to hold themselves delivered

from all bonds of custom expounded or rules enforced by ecclesiastical

authority.

I will not, however, attempt to follow out the intricate relations

between the two conceptions, as they appear in the long course either of

Christian or of Jewish annals, but will pass on to consider the

phenomena of their connexion in another field, one in which the

phenomena are comparatively simple, and lie open to-day to the study of

every traveller in a land where the old and the new stand in striking

contrast.

The best modern instance of the identity of Religion and Law is to be

found in that originally misconceived and subsequently perverted form of

Judaism which still prevails extensively over the eastern world, and

recognizes Muhamad of Mecca as the last and greatest of the prophets of

Jehovah. In Islam, Law is Religion and Religion is Law, because both

have the same source and an equal authority, being both contained in the

same divine revelation. I cannot better illustrate their union than by

giving a short account of an ancient and splendid University where they

are taught as one, hoping that so much of digression as is thereby

involved will be pardoned in respect of the interest which this famous

seat of learning deserves to excite, and of the light which it casts on

the early history of the Universities of Europe—of Bologna and Paris, of

Padua and Salamanca and Prague, and of our own Oxford and Cambridge.

About three hundred and fifty years after Muhamad, and towards the end

of the tenth century of the Christian era, Johar, general of the

Fatimite Sultans established at Tunis, conquered Egypt. When he built

Cairo (El Kahira, ‘the Victorious’), not far from the decayed Memphis,

he founded in the new city a mosque which presently obtained the name of

El Azhar, that is to say, ‘The Flowers’ or ‘The Flourishing.’ The

Fatimites, belonging to the schismatic sect of the Shiites, were

particularly anxious to establish their ecclesiastical position against

the orthodox Sunnites, and, just as Protestant princes in the sixteenth

century founded universities for the defence of their tenets—as, for

instance, Elector John of Saxony set up the University of Jena—so the

second Fatimite ruler of Egypt, Khalif Aziz Billah, resolved to attract

learned men to his capital. He gathered famous teachers to the Mosque,

and there was soon a great afflux of students. Sultan Hakim (probably a

madman), who went so far beyond the doctrines of Shiism as to declare

himself an incarnation of Ali and a Mahdi, closed El Azhar, and

transferred the University to another mosque which he had founded.

However, the teaching staff was subsequently brought back to El Azhar

(which returned finally to Sunnite orthodoxy with the conquest of Egypt

by Saladin in 1171 A.D.), and it has been now for many centuries the

greatest University in the Musulman world, being situate in what has

been, since the decline of Bagdad, the greatest purely Musulman

city[96]. The number of students sometimes reaches ten thousand; at the

time of my visit (in 1888) it was estimated at eight thousand.

-----

Footnote 96:

Stambul (Constantinople) is larger, but Stambul has always had a large

Christian element, whereas Cairo was till about thirty years ago

almost wholly Muhamadan. Moreover Cairo was better situated for

drawing students from North Africa and Western Asia than Stambul,

which is almost on the outermost edge of the Musulman world.

-----

The whole teaching of the University is carried on within the walls of

the Mosque, a large group of buildings, approached by six gates, and

standing in the oldest part of Cairo. The chief entrance is from the

Alley (or arcade) of the Booksellers in the Bazaar. At the outer portal,

in the portico, the visitor leaves his shoes. To the left of the inner

portal I found a noble square hall, said to date from the fourteenth

century, as lofty as the chapel of Magdalen College and about as large,

though different in shape, with beautiful marbles on the walls, and an

aisle separated from the rest of the chamber by a row of tall columns,

supporting slightly pointed arches. The sunlight came in through large

openings, filled by no glass, under the roof. In the centre there were

sitting or kneeling or crouching some eighty or ninety men in an

irregular circle, mostly young men, yet many over thirty and some as old

as fifty, with their shoes laid beside them on the matting. In front of

them, sitting cross-legged on a low wooden throne, was an elderly

professor, holding a book in his hands, and appearing to read from it.

Now and then a question came to him from the circle, which he answered

quickly; but otherwise the audience were perfectly still, and no sound

was heard save his own low voice and the beating of the wings of the

birds as they flew to and fro above. The book was an authoritative

commentary on the Sacred Law, to which he added his own explanations as

he read; and he was treating of the four requisites of prayer,

especially of the first of the four, viz. Devotional Intent. No one took

notes, but all listened with the closest attention. He was the Chief

Sheik of the Mosque, and in virtue of his office, also the

Sheik-ul-Islam or chief ecclesiastical and legal authority of Egypt,

which, being expressed in the terms of an English University, would make

him Chancellor, Regius Professor of Divinity and Regius Professor of

Civil Law rolled into one, and therewithal also Archbishop of Canterbury

and Lord High Chancellor.

In the similar but rather less spacious and ornate room opposite I found

another class, smaller, and composed of somewhat younger men, listening

to a lecture on what the Muslims call Dealings, _i.e._ civil law. The

subject was Wills, and the requisites to the validity of a will, such as

the sanity, freedom and full age of the testator, were being explained

with reference to a book of authority which lay before the lecturer, a

younger man than the Chief Sheik. He spoke with a fluency, clearness and

evident power of interesting the class, which reminded me of a brilliant

teacher whom I had heard twenty-five years before discoursing on the

same subject at Heidelberg.

Led hence under the lofty gateway which gives access to the great court,

I saw, like an earlier traveller, characters inscribed above the gate,

and was told by my Virgil that their import was—‘Actions must be judged

by their intent, and every man shall be requited according to what he

purposed’—a maxim which belongs in one sense to religion, in another to

law, but requires, like the corresponding phrase of our civilians—_Actus

non est reus nisi mens sit rea_—to be carefully defined and qualified

before it can be applied, seeing how often good intent is followed by

bad result.

The great Court of the Mosque is a quadrangle nearly as large as that of

Christ Church, Oxford, and was once, like that of Christ Church,

surrounded by arcades resting on columns, of which now only a few

remain. There are three tanks for ablutions and a great cistern of Nile

water beneath, whence vessels are filled by boys who carry it round

among the groups. It is the hour of forenoon rest between the morning

lecture and the noontide meal, and a confused din of many voices rises

from the six or seven hundred persons scattered through the quadrangle,

whose ample space they do not crowd. The men, mostly young, are sitting

or lying all over the flagged surface, reading or talking or reciting

with a book open before them, many swaying backwards and forwards as

they chant, all in the blaze of sunlight. Piles of thin, tough cakes, of

which more anon, stand here and there. Through the groups walks a sturdy

official bearing aloft a formidable symbol of order, two long and heavy

flat strips of leather attached to a stout handle, wherewith he coerces

any disturber of the peace of the Mosque. Discipline is easily

maintained, for the Oriental, unless violently excited, is submissive to

authority, and dangerous only in a mob. Moreover the students are mostly

poor, and therefore attentive to their studies. The arcade on the

south-east side is filled with knots of boys from eight to fourteen

years of age sitting round their teachers, each with a metal slate, a

brass ink-horn, and a reed pen; some gathered round a teacher armed with

a long palm stick. They read aloud from the slate what they have

written, thus learning by heart verses of the Koran, copies of which are

set up on wicker stands, because the sacred volume must never be lower

than the reader’s waist.

Adjoining the great quadrangle is the Liwan, or hall for prayer and

preaching. It is really two parallel halls, partially separated by a

wall, and divided into nine aisles by rows of columns nearly four

hundred in number, the shafts of granite or marble with carved capitals.

They were doubtless brought hither from Christian churches long since

destroyed[97], churches that may have echoed to the voices of Athanasius

and of Cyril. Along the side towards Mecca are four short recesses

(Kiblas) resembling the apses of an early Christian basilica, though

much smaller, one for each of the four legal orthodox sects of Muslims.

Beside the chief Kibla there is placed, high up on the wall, a small

wooden box containing relics, among which is one equally fit to be

revered by Jews, Christians and Muslims, viz. a piece of Noah’s Ark. The

effect of the hall is due rather to its vastness and to the maze of

pillars than to any beauty in form or decorations; for the walls are

plain, and the low roof makes the interior more sombre than either the

famous mosque of Kêrwan or the still more rich and majestic mosque of

the Ommiyad Khalifs at Cordova. As I entered this Liwan, the hour of

midday prayers had arrived, and the crowd of students rose suddenly and,

turning towards the four Kiblas, performed their devotions. This done,

the multitude, passing noiselessly, for every foot is unshod, through

the maze of columns, sorted itself into classes, each grouped in an

incomplete circle round its own professor. Every regular professor has

his column, at whose foot he sits, leaning against it; and here he reads

or talks loudly enough to be heard over the din by those near him, for

the clamour of many voices is lessened by the amplitude of the chamber.

The younger or less privileged lecturers mostly gather their hearers

outside in the Court, though I found a class of youths learning the

elements of grammar at the foot of one of the Liwan columns. The

lectures were mostly on grammar, which has a religious side, because it

includes prosody and the proper pronunciation of the Koran. One eminent

professor, who was also Select Preacher for the time being, was

discoursing on Ibn Malek’s treatise on Arabic Grammar, holding in his

hand the treatise, which is a poem of one thousand verses. All the class

had copies, and continued to listen with untroubled gravity while a cat

walked across between them and the professor. Another teacher, lecturing

on logic, was being interrupted by a running fire of questions from his

pupils, which he answered with swift promptitude and terseness.

-----

Footnote 97:

The columns of the ancient and most sacred mosque at Kairoan or Kêrwan

(in the territory of Tunis), built by Sidi Okba, the conqueror of

North Africa, were brought from Christian churches, and many from the

great basilica of Carthage, the floor of which has been recently

uncovered.

-----

There are about two hundred and thirty professors, that is to say,

persons authorized to teach and engaged in teaching[98]. As in the

universities of mediaeval Europe, graduation consists in a certificate

of competence to teach; and this is given to those who have spent the

prescribed time in study by inscribing in the copy of the book which the

graduate has been studying a statement by the teacher that he has

mastered the contents of that book. When a certificate of wider

attainments is sought, the candidate is examined orally by two or three

sheiks. As in the Middle Ages, there are no written examinations; and

indeed writing is but little used, the aim of teaching being rather to

cultivate the memory. The books studied are always the same, so there is

no occasion for examination statutes and Notices of Boards of Studies.

The freshman begins with what is called Balagha, the use of language, a

subject which comprises grammar, logic (with the elements of

metaphysics), and rhetoric. Next follows theology, the Nature of God and

the functions of the Prophet, after which comes the Law, including both

the precepts of religion as applied in practice and those of what we

should call civil or secular law, both of them based on the Koran and

the Hadith or sacred tradition. Instruction is no longer given in

medicine here. When taught, it was taught, as it is still in the

University of Fez, from an Arabic translation of Aristotle. The course

prescribed for one who aspires to be a Kadi (Judge of the Sheriat or

Sacred Law) is fourteen years, but an even longer time would be needed

to fit a man to be a Mufti or doctor of the law. Five or six years, I

was told, would qualify a student to become a village schoolmaster, able

to teach the elements of religion and to advise the peasants on

questions of divorce, just as in rural England the schoolmaster used to

draw wills, with much ultimate benefit to the legal profession: and the

same length of study might enable a man to become Imam (curate in

charge) of a small mosque. Study consists, in every branch, chiefly in

learning by heart. Even religion is taught through rules for prayer and

alms-giving, which must be exactly remembered. But there is also a large

field for the development of subtlety of mind in the casuistical

distinctions which form a large part of law, both moral and civil.

Neither physical science, nor history, nor any language save Arabic is

recognized, nor (which is more surprising) do arithmetic and mathematics

now find a place[99].

-----

Footnote 98:

In the session of 1898-9 there were 198 professors and 7,676 students

attached to the Mosque itself (without counting its dependent

Kuttabs).

Footnote 99:

In 1896 (eight years after my visit) instruction began to be provided

in geometry, algebra, arithmetic and geography, but it is given by

secular teachers appointed by the Egyptian Government, not by the

regular staff of the Mosque.

-----

The students come from all parts of the Musulman world, but the large

majority from Egypt: and the Muslim legal sect to which most Egyptians

belong (the Shafite) is accordingly the most numerous[100], amounting to

nearly half the total. They are mostly poor, and live to some extent on

the charitable gifts of the citizens, paying nothing for their

instruction. But a certain number share in a kind of endowment which

deserves notice, because it is the germ of a College—a germ, however,

which never grew into a plant.

-----

Footnote 100:

In 1898-9 the numbers of the four sects were as follows:

Shafites—Professors, 86; Students, 3,495.

Hanefites—Professors, 41; Students, 2,168.

Malekites—Professors, 68; Students, 1,983.

Hanbalites—Professors, 3; Students, 30.

-----

The word _Riwak_ (accent on the last syllable), properly a colonnade or

corridor, is used at El Azhar to denote an apartment or set of

apartments, allotted to certain students as sleeping-quarters. There are

in the Mosque buildings many Riwaks, and several are set apart for

students coming from some particular countries[101]. There is one for

the Syrians, one for the natives of Mogreb (North-West Africa, from

Tripoli to Morocco), one for the Kurds, one for the natives of Mecca and

Medina (El Haramein), one for the Sudanese of Sennaar, and so forth.

Some are well ventilated and comfortable, such as that endowed by Ratib

Pasha for Hanefites: some plain and bare. It is of course only in the

three or four colder months that a roof is needed; during the summer

night quarters _à la belle étoile_ are preferable. Practically, I was

told, every student who wished could obtain quarters in a Riwak, because

only the poor desire to be so accommodated: and a sleeping-place means

no more than a bit of floor on which to spread your prayer carpet and

place your chest of books and clothes. But the Riwaks (or most of them)

also supply rations of bread to those students who apply for them when

they have reached a certain stage of proficiency, that is, have mastered

two or three books and obtained a certificate to that effect. These

rations consist of wheaten cakes, thin and tough, and are supplied out

of endowments which have from time to time been bestowed on the Mosque

or on particular Riwaks by pious founders. These wheaten cakes are in

fact the very rudest form of what is called in Scotland a Bursary, and

in England an Exhibition or Scholarship; and the assignment of a Riwak

as lodgings to students from a particular district may be compared with

the earliest provision of a dwelling and a pittance for students in

England, the acorn out of which there has grown the superb system of the

Colleges of Oxford and Cambridge, many of them originally connected with

particular counties.

-----

Footnote 101:

Place of birth constituted an important basis of classification in

mediaeval Universities. In Oxford, as in Paris, the students were

divided into the Northern and Southern nations (whence the two

Proctors), and in each of the Universities of Glasgow and Aberdeen

there are still four Nations, a system of organization preserved for

the purposes of the election of a Lord Rector. Nations exist also in

the University of Upsala.

-----

The Mosque, that is to say the University, as distinguished from the

particular Riwaks, had at one time considerable endowments, called in

Arabic Wakfs (pronounced Wakufs); but a large part of these endowments

were seized by Muhamad Ali early in the nineteenth century (about 1820).

In respect of them a considerable sum is now paid from the public

treasury, and a further income is derived from the Wakfs which not

having been seized, are now administered by the Government department in

charge of charitable foundations. The present income of such foundations

as remain is trifling, and the slender incomes of the senior professors

are supplemented by small payments from Government and by gifts from

pious persons. The richer students are also expected to offer gifts, and

sometimes a charitable citizen will send a sheep to give the poor

students a better dinner on a feast-day[102].

-----

Footnote 102:

In 1898-9 the total sum paid to El Azhar out of the public treasury

was LE (Egyptian pounds) 6,611, and out of the administration of the

Wakfs LE5,224, besides a sum of LE1,512 derived from the endowments of

the several Riwaks. The best endowed Riwaks are those of the Turks

(516) and of the Mogrebins (364). I owe these figures to the kindness

of my friend Yacoub Artin Pasha, the energetic and enlightened head of

the educational administration of Egypt. The Egyptian pound is about

twenty shillings and fourpence.

-----

Before leaving the University I was presented to its head, the Sheik El

Azhar, whom I found sitting to hear and determine divers matters, his

lectures having been disposed of in the forenoon. He was too great a man

to rise to receive me, nor is it easy to rise when one sits

cross-legged; but he placed his hand upon his heart with a dignified

courtesy and invited me to seat myself beside him. His disciples were

kneeling round him. He was more like an old Lord Chancellor than an old

archbishop, with an air rather of complacent judicial shrewdness than of

apostolic unction. When it had been explained to him that I was a lawyer

and that law was taught in the Universities of England, he remarked that

religion consists in conduct and behaviour, whereto I replied that the

Roman jurists stated another side of the same truth when they said,

‘Iuris praecepta haec sunt, _honeste vivere, alterum non laedere, suum

cuique tribuere_.’

It was impossible to spend a day in El Azhar without being struck by its

similarity to the Universities of Europe as they existed in the

thirteenth and fourteenth centuries.

In both an extreme simplicity of appliances. Nothing more than a few

buildings capable of giving shelter has been needed here or was needed

there: for a University is after all only a mass of persons possessing

or desiring learning, a concourse of men, some willing to teach and

others eager to be taught.

Studies in history and jurisprudence, volume 2 (of 2) · 第 16 / 40 段