In both a like simplicity of educational arrangements. Every graduate

is, or may be if he likes, a teacher, and graduation is nothing more

than a certificate of knowledge qualifying a man to teach.

In both, comparatively slender funds, which however increase slowly by

the gifts of private benefactors. The whole establishment of El Azhar

costs about £14,000 sterling a year, rather more than half of which goes

in salaries to the professors, while about £1,600 goes in prizes and

charitable aid to the students. Eight thousand (roughly speaking) are

taught there at a cost of £1 15s. per student. The University of Oxford

and its colleges (taken together) with about three thousand

undergraduate students have an annual revenue of about £333,000[103];

Harvard University in Massachusetts with nearly four thousand students

has £235,000 (of which tuition fees contribute £114,000).

-----

Footnote 103:

Of this sum (which has been arrived at after deducting outgoings on

estates, so that as respects this kind of property it represents net

revenue) £55,000 is the revenue of the University and £278,000 the

revenue of all the Colleges, including fees and room rents.

-----

In both, the greatest freedom for the student. He may study as much or

as little as he pleases, may select what professor he pleases, may live

where he pleases, may stay as long as he pleases, and may be examined or

not as he pleases.

In both, a narrow circle of subjects and practically no choice of

curriculum. El Azhar teaches even fewer branches than did Oxford or

Bologna in the thirteenth century, for in Musulman countries the Koran

has swallowed up other topics more than theology, queen of the sciences,

and the study of the Civil and Canon Laws did in Europe. But a vast

range of matters which are to-day taught in German, in American, and

even in English Universities lie outside both the Trivium and Quadrivium

and the professional faculties as they stood in the Middle Ages.

In both, little separation between teachers and pupils, and a mixture of

students of all ages, from boys of twelve to men of fifty. In Oxford

there is a tradition that marbles used to be played by students on the

steps of the Schools. Why not, when one sees boys of twelve learning to

read the Koran at El Azhar? Oxford may well have been then, like this

mosque now, a school for persons of all ages.

In both, a body of men liable to turbulence, and easily roused by

political passion. A multitude living together without family ties or

regular industrial occupation is prone to fanaticism; and the students

of El Azhar, like the Softas at Constantinople, like the monks of

Alexandria in the days of Cyril and Hypatia, have sometimes raised

tumults; though these would be repressed more savagely here, should they

displease the ruling powers, than were those for which Paris and Oxford

were famous in days when their scholars were fired by religious or

political excitement, and when the movements of public opinion and the

tendencies we now call democratic found through the eager crowd of

university youth their most free and prompt expression.

Finally, in both, a kind of teaching and study which tends to the

development of two aptitudes to the neglect of all others, viz. memory

and dialectic ingenuity. The first business of the student is to know

his text-book, if necessary to know every word of it, together with the

different interpretations every obscure text may bear. His next is to be

prepared to sustain by quick keen argument and subtle distinction either

side of any controverted question which may be proposed for discussion.

As the habit of knowing text-books thoroughly—and the knowledge of

Aristotle and the Corpus Juris possessed by mediaeval logicians and

lawyers was wonderfully exact and minute—made men deferential to

authority and tradition, so the constant practice in oral dialectical

discussion made men quick, keen, fertile, and adroit in argument. The

combination of brilliant acuteness in handling points not yet settled,

with unquestioning acceptance of principles and maxims determined by

authority, is characteristic of Muhamadan Universities even more than it

was of European ones in the Middle Ages, and tended in both to turn men

away from the examination of premises and to cast the blight of

barrenness upon the extraordinary inventiveness and acuteness which the

habit of casuistical discussion develops. And the parallel would

probably have been closer could it have been drawn between the Musulman

Schools, not as they are now, but as they were during the great age in

Bagdad, in Spain and in Egypt, and the schools of Western Europe in the

days of Abelard or Duns Scotus. For El Azhar to-day impresses one as a

University where both thought and teaching are in a state of decline,

where men gnaw the dry bones of dogmas and rules which have come down

from a more creative time.

To what causes shall we ascribe the striking contrast between the later

history of schools which at one time presented so many similar features?

Why has Musulman learning stood still in the stage it reached many

centuries ago, while Christian learning, developing and transforming

itself, has continually advanced? Why has El Azhar actually gone back?

Why does it accomplish nothing to-day for the deepening, or widening, or

elevating of Musulman thought?

Of racial differences I say nothing, because to discuss these would

carry us too far away from our main subject. Their importance is apt to

be overrated, and they are often called in to save the trouble of a more

careful analysis, being indeed themselves largely due to historical

causes, though causes too far back in the past to be capable of full

investigation. Here it is the less necessary to discuss them, because

many races have gone to make up the Musulman world, and some of these

had attained great intellectual distinction before Islam appeared. Nor

will I dwell on the tremendous catastrophe which overwhelmed the

Musulman peoples of Western Asia in the twelfth, thirteenth, and

fourteenth centuries, when many flourishing seats of arts and letters

were overwhelmed by a flood of barbarian invaders, first the Seljukian

Turks, then the Mongols of Zinghis Khan, then the Ottoman Turks whose

rule has lain like a blight upon Asia Minor, Syria, and Irak for the

last fourteen generations of men. Before the Seljuks and the Mongols

came, philosophy and learning, science and art, had in some favoured

spots reached a development surpassing that of contemporary Christian

states, a development which in the schools of Irak and of Persia had

wandered far from orthodox Musulman traditions, but which certainly

showed that Islam is not incompatible with intellectual development.

That culture, however, which had adorned the days of the earlier

Khalifs, decayed even in Spain and in Barbary, where it was not

destroyed by a savage enemy. It was not strong enough to recover itself

in Syria, Asia Minor, or Egypt, and could neither elevate and refine the

Turk nor send up fresh shoots from the root of the tree he had cut down.

Even in Persia, though Persia remained a national kingdom, preserving

its highly cultivated language and its love of poetry, creative power

withered away. While therefore giving full credit to the Arabs, Syrians,

and Persians of the earlier Musulman centuries for their achievements,

we are still confronted by the fact that the soil which produced that

one harvest has never been able to produce another. Scarcely any

Musulman writer has for five hundred years made any contribution to the

intellectual wealth of the world. Even the Musulman art we admire at

Agra and Delhi, at Bijapur and Ahmedabad, was largely the work of

European craftsmen. The majestic mosques of Constantinople are

imitations of Byzantine buildings. Thus we are forced back upon the

question why the Universities of Islam, with all that they represent,

have languished and become infertile.

Among the causes to be assigned we may place first of all the greater

intellectual freedom which Christianity, even in its darkest days,

permitted. The Koran, being taken as an unchangeable and unerring rule

of life and thought in all departments, has enslaved men’s minds. Even

the divergence of different lines of tradition and the varieties of

interpretation of its text or of the Traditions, has given no such

opening for a stimulative diversity of comment and speculation as the

Christian standards, both the Scriptures themselves, the product of

different ages and minds, and the writings of the Fathers, secured for

Christian theology.

In the second place, the philosophy, theology, and law of Islam have

been less affected by external influences than were those of Christian

Europe. Greek literature, though a few treatises were translated and

studied by some great thinkers, told with no such power upon the general

movement of Musulman thought as it did in Europe, and notably in the

fifteenth and sixteenth centuries; and Greek influence among Muslims,

instead of growing, seems to have passed away.

Thirdly, there has been in the Musulman world an absence of the

fertilizing contact and invigorating conflict of different nationalities

with their diverse gifts and tendencies. Islam is a tremendous

denationalizing force, and has done much to reduce the Eastern world to

a monotonous uniformity. The Turks seem to be a race intellectually

sterile, and like the peoples of North Africa in earlier days, they did

not, when they accepted the religion of Arabia, give to its culture any

such new form or breathe into it any such new spirit as did the Teutonic

races when they embraced the religion and assimilated the literature of

the Roman world. Only the Persians developed in Sufism a really distinct

and interesting type of thought and produced a poetry with a character

of its own; and the Persians, being Shiites, have been cut off from the

main stream of Musulman development, and have themselves for some

centuries past presented the symptoms of a decaying race.

Lastly, the identification of Theology and Law has had a baleful

influence on the development of both branches of study. Law has become

petrified and casuistical. Religion has become definite, positive,

frigid, ceremonial. Theology, in swallowing up law, has itself absorbed

the qualities of law. Each has infected the other. In El Azhar theology

is taught as if it were law, a narrow sort of law, all authority and no

principle. Law is taught as if it was theology, an infallible, unerring,

and therefore unprogressive theology. Religious precepts are delivered

in El Azhar as matters of external behaviour and ceremony. Some of the

duties enjoined, such as prayer, are wholesome in themselves; some, such

as almsgiving, are laudable in intention, but beneficial in result only

when carried out with intelligence and discrimination; some, such as

pilgrimage to Mecca, are purely arbitrary. All, however, are dealt with

from the outside: all become mechanical, and the precise regulations for

performing them quench the spirit which ought to vivify them. The

intellect being thus cramped and the soul thus drilled, theology is

dwarfed, and its proper development arrested. It is not suffered to

create, or to help in the creation of, philosophy: and accordingly in El

Azhar, philosophy, in that largest sense in which it is the mother of

the sciences, because embodying the method and spirit whence each draws

its nutriment, finds no place at all.

We are thus brought back to that general question of the relations of

religion and law in the Musulman world from which, in the interest

naturally roused by the sight of a University recalling the earlier

history of Oxford and Cambridge, I have been led to turn aside.

The identification of religion and law rests upon two principles. One is

the recognition by Islam of the Koran as a law divinely revealed,

covering the whole sphere of man’s thought and action. Being divine it

is unerring and unchangeable.

The other is the promulgation of this revelation through a monarch both

temporal and spiritual, Muhamad, the Prophet of God.

Since the revealed law is unerring, it cannot be questioned, or

improved, or in any wise varied. Hence it becomes to those who live

under it what a coat of mail would be to a growing youth. It checks all

freedom of development and ultimately arrests growth, the growth both of

law and of religion.

Since the revelation comes through a prophet who is also a ruler of men,

a king and judge, as well as an inspired guide to salvation, it is

conveyed in the form of commands. It is a body of positive rules,

covering the whole of the Muslim’s conduct towards God and towards his

fellow men.

Three results follow of necessity.

Religion tends to become a body of stereotyped observances, of duties

which are prescribed in their details, and which may be discharged in an

almost mechanical way. The Faith is to be held, but held as a set of

propositions, which need not be accompanied by any emotion except the

sense of absolute submission to the Almighty. Faith, therefore, has not

the same sense as it has in the New Testament. It is by works, not by

faith (save in so far as faith means the acceptance of the truths of

God’s existence and of the prophetic mission of Muhamad) that a Muslim

is saved. There is little room for the opposition of the letter and the

spirit, of the law and grace, for religion has been legalized and

literalized. Nevertheless there is in many Muslims a vein of earnest

piety, and a piety which really affects conduct. Those Westerns who have

praised Islam have often admired it for the wrong things. They admire

the fierce militant spirit, and the haughty sense of superiority it

fosters. They undervalue the stringency with which it enforces certain

moral duties, and the genuine, if somewhat narrow piety which it forms

in the better characters.

Law becomes a set of dry definite rules instead of a living organism. It

is a mass of enactments dictated by God or His mouthpiece, instead of a

group of principles, each of which possesses the power of growth and

variation. The two motive powers, whether one calls them springs of

progress or standards of excellence, which guided the development and

made the greatness of Roman Law, the idea of the Law of Nature and the

idea of Utility, as an index to the law of nature, are absent. There is

no room for them where the divine revelation has once for all been

delivered. Reason gets no fair chance, because Authority towers over

her. Forbidden to examine the immutable rules, she is reduced to weave a

web of casuistry round their application. It is only through the

interpretation of the sacred text and of the traditions that the Law can

be amended or adapted to the needs of a changing world: and one reason

why the Musulman world changes so little is to be found in the

unchangeability of its Sacred Law. The difficulties which European

Powers have found in their efforts—efforts which to be sure have been

neither zealous nor persistent—to obtain reforms in the Ottoman Empire,

are largely due to the fact that the Sacred Law has a higher claim on

Muslim obedience than any civil enactment proceeding from the secular

monarch.

Such a system will obviously give little scope for the development of a

legal profession. Advocacy is unknown in Musulman countries. The parties

conduct their respective cases before the Kadi[104]. They may produce to

him opinions signed by doctors of the law in favour of their respective

contentions, but the only notion the Musulman (_i.e._ the

non-Occidentalized Musulman) can form of an advocate in our sense of the

word is a paid, and presumably false, witness.

-----

Footnote 104:

Whether this system tends to facilitate the bribing of judges, almost

universal in countries ruled by a Musulman monarch, _quaere_.

-----

The community suffers politically. The duty of unquestioning obedience,

and the habit of blind submission to authority, dominate and pervade the

Musulman mind so completely that its only idea of government is

despotism. Nothing approaching to a free ruling assembly, either primary

or representative, has sprung up in a Musulman country; and it would

need almost an intellectual revolution to make such a system acceptable

or workable there[105].

-----

Footnote 105:

I do not mean to suggest that races like those of Arabia, Syria, and

Persia, may not under the contact and stimulus of European literature

and thought again develop an intellectual life of their own. But it

can hardly be a life on the orthodox lines of Islam. The first thing

to be hoped for is that Syria and Asia Minor may get rid of the Turk,

who has never shown himself fit for anything but fighting.

-----

Finally, it is a consequence of the system described that there is an

absolute identity of State and Church. The Church is the State, but it

is a highly secular State, wanting many of the attributes we associate

with the Church. It commands as a matter of course the physical force of

the State, and needs no special anathemas of its own. Its priests, so

far as it can be said to have priests, are lawyers, and its lawyers are

priests, and its students graduate from the University into what is one

and the same profession. As the Church is pre-eminently a militant

Church, born and nursed in war, its head, the Khalif, is also of right

supreme temporal sovereign. The Pope is Emperor, and the Emperor is

Pope. They are not two offices which one man may fill, as the Emperor

Maximilian wished to be chosen Pope. They are one office. And

accordingly when any spiritual pretender arises, claiming to be a

prophet of God, he becomes forthwith, _ex necessitate terminorum_, a

temporal ruler, like the Mahdi of the Sudan at the present moment

(1888). The only exception to this absolute identification of Church and

State (which is of course a fact making most powerfully for despotism)

is to be found in the incompetency of the Khalif to pronounce upon the

interpretation of the sacred law. This attribute of the Pope is lacking.

The spiritual head of the Musulman world, for this purpose, and

therewith also its legal head, is a lawyer, the Sheik-ul-Islam, to whom

it belongs to deliver authoritative interpretations of questions arising

on the law, _i.e._ on the Koran and the Traditions. Such an opinion is

called a Fetwa. Against it even a Khalif cannot act without forfeiting

his right to the obedience of his subjects, so when any Sovereign

claiming to be Khalif wishes to do something of questionable legality,

he takes care to procure beforehand from the Sheik-ul-Islam a fetwa

covering the case. Being in the Khalif’s power, the Sheik rarely

hesitates, yet he is in a measure amenable to the opinion of his own

profession, and might be reluctant to venture too far. So too the

Khalif, though he might depose a recalcitrant Sheik (were such a one

ever to be found), and replace him by a more pliant instrument, must

also have regard to public sentiment, a power always formidable in the

sphere of religion, and the more formidable the more the mind of a

people is removed from the influence of habits properly political, and

is left to be coloured by religious feeling.

Islam owes these features of its religion, its law and its politics to

its source in a divine revelation complete, final, and peremptory. But

it is not the only religion that has a like source. The Musulmans class

three religious communities as Peoples of the Book. The other two are

the Jews and the Christians. Of the Jews I have spoken already. Their

system, as it stood at the time of our Lord’s appearing, resembled in

many points that which Islam subsequently created, though there was

never in it any complete identification of the spiritual and the secular

power, because it had a regular hereditary priesthood, which, though for

a time acting as leader and ruler, had no permanent coercive secular

authority. The Jewish system had, moreover, in the words of the Prophets

and in the Psalms influences complementary to the Mosaic law and the

Traditions, and corrective of any evils which might spring from undue

respect for the latter. Moreover, the historical development of that

system was checked by external conquering forces, which ultimately

deprived it of the chance of becoming a temporal power.

What, however, shall we say of Christianity? Why has the course of its

history been so unlike that of Islam? Why has its origin in a divine

revelation not impressed upon it features like those we have been

considering? I must be content to indicate, without stopping to

describe, a few, and only a few, of the more salient causes.

The Christian revelation as contained in the Old and New Testaments is

not, except as regards sections of the Mosaic law, a series of commands.

It is partly a record of events, partly a body of poems, partly a series

of addresses, discourses, and reflections, speculative, hortatory, or

minatory, and mostly cast in a poetic form, and partly a collection of

precepts. These precepts are all, or nearly all, primarily moral

precepts, which are addressed to the heart and conscience, and they

proceed from teachers who had no compulsive power, so that such

authority as the precepts possess is due only to their intrinsic worth,

or to the belief that they express the Divine will. Especially in the

case of the New Testament (though the same thing is essentially true of

the Prophets) the precepts are directed not so much to the enjoining of

specific right acts fit to be done as to the creation of a spirit and

temper out of which right acts will naturally flow. Had the Pentateuchal

law been taken over bodily into Christianity, things might have been

different, though the other elements of the revelation would have kept

its influence in check. But fortunately among the forces that were at

work in the primitive Church, there were some strongly anti-Judaic, so

any evil that might have been feared from that quarter was averted.

It is impossible to make a code out of the New Testament. The largest

collection of positive precepts, delivered with the most commanding

authority, is that contained in the fifth, sixth, and seventh chapters

of St. Matthew’s Gospel. But these are so far from being laws in the

ordinary sense of the word that no body of Christians has ever yet come

near to obeying them. Indeed hardly any body of Christians has ever

seriously tried to do so. They are obviously addressed to the heart and

intended not so much to prescribe acts as to implant principles of

action.

Similarly the Epistles are either moral exhortations and expositions of

duty or else metaphysical discussions. Neither out of them can any code

be framed which a lawgiver could attempt to enforce. Even on the

external observances of religion and constitution of the Church, so

little is said, and said in such general terms, that Christians have

been occupied during the last four centuries in debating what it was

that the authors of the Epistles meant to enjoin.

After the canonical Scriptures come the Fathers of the Church, whose

writings were at one time universally, and by a large part of

Christendom still are, deemed to enjoy a high measure of authority. They

may be compared to those early Musulman writers from whom the traditions

of Islam descend, or to the early recorders of and commentators on those

traditions. The Fathers, however, did not generally affect to lay down

positive rules, but were occupied with exhortation and discussion.

Neither out of their treatises could a body of law be framed, nor did

any one think of doing this till long after their day. Even then it was

as guides in doctrine and discipline, not as the source of legal rules,

that they were usually cited.

Christianity began its work not only apart from all the organs of

secular power, but in the hope of creating—indeed for a time, in the

confidence that it would create—a new society wherein brotherly love

should replace law.

Studies in history and jurisprudence, volume 2 (of 2) · 第 17 / 40 段