'Wmmm hiiiiiirliliii'; 11 ill! it ! ' illiiililiiiii"' illl41iiiiii li I il i liii'' illliliilSliillilli!' '" ,M,ll;l,!ir,,:.ir,,,..l.. ,:• inl' lillt ! ' 'li: ! 'll' HI*' ' ;ii!|l!iiiiii|i m«ii^i\M^\mmmm' I ! !il iil^^^■ !! 1 11 i ! |illl!iill!lilil!i!iilliii.^^ ,|iilliili||ll|llllllll!il!lillli! 1 !l illlllliliilliiiiilliili! ii|l|l!l|ilil!ili!lll!!tillllllllilllllil!!!!!iii^^ 11 Jiilili ISP 1' illilJlLlUfHliii. Ill li III! HIS BOUGHT WITH THE INCHME FROM THE SAGE ENDOWMENT FUND THE GIFT OF flenrg m. Sage 1S91 AUMA3S:.. 5474 . '■:■(- f I. Date Due JAN 3 n ^1 -&«- rssreJL i^i-iggjis 4WX JUL.^»6»^P t MLUU I o c M-^'-ar spru olin 3 1924 029 159 691 The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924029159691 XLbe Semitic Series DEVELOPMENT OF MUSLIM THEOLOGY, JURISPRUDENCE AND CONSTITUTIONAL THEORY By DUNCAN B. MACDONALD, M.A., B.D. SERIES OF HAND-BOOKS IN SEMITICS EDITED BY JAMES ALEXANDER CRAIG PROFESSOR OF SEMITIC LANGUAGES AND LITERATURl'.S AND HELLENISTIC CREEK IN THE UNIVERSITY OF MICHIGAN Recent scientific rescarcli lias stimulated an increasing: in. terest in Semitic studies among sciiolars, students, and tlie serious reading public generally. It has provided us with a picture of a liitlierto unknown civilization, and .1 history of oneof the great branches of the human family. The object of the present Series is to slate its results in popularly scientific form. Each work is complete in itself, and the Series, taken as a whole, neglects no phase of the general subject. Each contributor is a specialist in the subject as- signed him, and has been chosen from the body of eminent Semitic scholars in Europe and in this country. This Series will be composed of the following volumes : I. Hebrews. History and Government. By Professor J. F. McCurdy, University o( Toronto, Canada. II. Hebrews. Ethics and Religion. By Professor Archi- bald Duff, Airedale College, Bradford, England. \,JSIoii) Ready. III. Hebrews. The Social IJJe. By the Rev. Edwnrd Day, Springfield, Mass. {Now Ready. IV. Babylonians and Assyrians, with introductory chfip- ter on the Sumerians. History to the Fall of Baby- lon. By Dr. Hugo Winckler, University of Berlin. [/« Press. V. Babylonians AND Assyrians. Religion. By Professor J. A. Craig, University of Michigan. VI. Babylonians and Assyrians. Life and Customs. By Professor A. H. Sayce, University of Oxford, England, \,Novi Ready, VII. Babylonians and Assyrians. Excavations and Ac- count of Decipherment of Inscriptions. VIII. Syria and Palestine. Early History. By Professor Lewis Bayles Paton, Hartford Thcnlngical Seminary. \_Novt) Ready. IX. Development of Muslim Theology, Jurisprudence and Constitutional Theory. By Professor D. B. Macdonald, Hartford Theological Seminary. \Now Ready. The following volumes are to be included in the Series, and others may be added : X. Phcenicia. History and Government, including Colonies, Trade, and Religion. XI. Arabia, Discoveries in, and History and Religion until Muhammad. XII. Arabic Literature and Science since Muhammad. XIII. The Influence of Semitic Art and Mythology on Western Nations. XCbe Semitic Series DEVELOPMENT OF Muslim Theology, Jurisprudence and Constitutional Theory BY DUNCAN B. MACDONALD, M.A, B.D. SOMETIME SCHOLAR AND FELLOW OF THE UNIVERSITY OF GLASGOW ; PROFESSOR OF SEMITIC LANGUAGES IN HARTFORD THEOLOGICAL SEMINARY NEW YORK CHARLES SCRIBNER'S SONS 1903 Copyright, 1903, by CHARLES SCRIBNER'S SONS Fublishedt March, 1903 mow DIRECTORY PHINTINQ AND BOOKBmDINQ COMPAHY NEW YORK MEMORI^ MATRIS SACRVM PREFACE It is with verr great diffidence that I send ont this book. Of the lack and need of some text-book of the kind there can be little donbt. From the ed- ucated man who wishes to read with intelligence his " Arabian Xights " to the student of history or of law or of theolc^y who wishes to know how it has gone in such matters with the great Muslim world, there is demand enough and to spare. Still graxer is the difficulty for the growing body of young men who are taking up the study of Arabic. In English or German or French there is no book to which a teacher may send :his pupils for brief guidance on the development of these institutions ; on the devel- opment of law there are only scattered and fragmen- tary papers, and on the development of theolc^ there is practically nothing. But of the difficulty of supplying this need there can be even less doubt. Gk)ldziher could do it fully and completely ; no other Arabist alive could approach the task other than with trepidation. The following pages therefore form a kind of forlorn attempt, a rushing in on the part of one who is sure he is not an angel and is in grave doubt on the question of folly, but who also sees a gap and no great alacrity on the part of his betters toward filling it. One thing, however, I would pre- VIU PEEFAOB mise with emphasis. All the results given here have been reached or verified from the Arabic sources. These sources are seldom stated either in the text or in the bibliography, as the book is intended to be useful to non-Arabists, but, throughout, they lie be- hind it and are its basis. By this it is not meant that the results of this book are claimed as original. Every Arabist will recognize at once from whose wells I have drawn and who have been my mas- ters. Among these I would do homage in the first in- stance to Goldziher ; what Arabist is not deep in his debt ? With Goldziher's influence through books I would join the kindred influence of the living voice of my teacher Sachau. To him I render thanks and reverence now for his kindly sympathy and guid- ance. Others in whose debt I am are Noldeke, Snouck Hurgronje, von Kremer, Lane — many more. Those who are left of these will know their own in my pages and will be merciful to my attempts to tread in their steps and to develop their results. What is my own, too, they will know ; into questions of priority I have no desire to enter. Foot-notes which might have given to each scholar his due have been left unwritten. For the readers of this book such references in so vast a subject would be use- less. Such references, too, would have in the end to be made to Arabic sources. More direct help I have to acknowledge on several sides. To the atmosphere and scholarly ideals of Hartford Seminary I am indebted for the possibility of writing such a book as this, so far from the ordi- nary theological ruts. Among my colleagues Professor PBEFACE is Gillett has especially aided me ■with criticism and suggestions on the terminology of scholastic theol- ogy. Dr. Talcott Williams, of Philadelphia, illnmined for me the Idrisid movement in North Africa. One complete sentence on p. 85 I have conveyed from a kindly notice in The Nation of my inaugural lecture on the development of Muslim Jurisprudence. Fi- nally, and above all, I am indebted to my wife for much patient labor in copying and for keen and lu- minous criticism in planning and correcting. With thanks to her this preface may fitly close. Dtoican B. Macdonald. Habtfokd, December, 1902. %* As it has proved impracticable to gire In the body of the book a full transliteration of names and technical terms, the learner is referred for such exact forma to the chronological table and the index. In these hamza and ayn, the long Towels and the emphatic consonants are tmiformly represented, the last by italic. CONTENTS FASE Introduction 3 PART I CONSTITUTIONAL DEVELOPMENT OHAPTEB I From Death of Muhammad to Rise of Abbasids 7 CHAPTER II To Rise of Ayyubids .... .34 CHAPTER III To Present Situation . .... 50 PAET II DEVELOPMENT OF JURISPRUDENCE CHAPTER I To Close of Umattad Period . . . .65 CHAPTER II To Present Situation ...... 91 Xll CONTENTS PAKT III DEVELOPMENT OF THEOLOGY CHAPTER I FAQE To Close of Umattad Period . . . .119 CHAPTER II To Fodndation of Fatimid Khamfate > . . 153 CHAPTER III To Triumph of Ash'aritbs in East . . .186 CHAPTER IV Al-Ghazzali 215 CHAPTER V To Ibn SAB'nf and End of Muwahhids . . . 243 CHAPTER VI To Present Situation 266 APPENDICES I. Illustrative Documents in Translation . 291 II. Selected Bibliography 358 III. Chronological Table 368 INDEX 373 ERRATA Page 30, line 5, for al-Mukanna read al-Muqanna. " 86, 1. 19, for first Khalifa read second Khalifa. " 301, 1. 26, for tasalsal read tasalsul. " 237, for Mansell read ilansel. " 267, 1. 30, for Haqqari read Hakkari. " 299, 1. 10, for Mushriqs read Musliriks. " 300, 1. 4, for kalimatan ash-shahada read kalima- ta-sh-shahada. " 325, 1. 23, for ivihdaniya read luahdaniya. " 339, 1. 11, for ihtiyaz read ihtiyaj. DEVELOPMENT OF MUSLIM THEOLOGY, JURISPRUDENCE, AND CONSTITUTIONAL THEORY INTRODUCTION Is human progress viniry and complexiTT are the two eorreliitives i"or:r.i'-g logetier :22e gre.^i: pi\rii:x. Life is manifold, bn: i: is iilso one. So it is sel,i:iii possible, aiii still more seldom aivisable, to drdde a crnlization into departme:::ts ;iiia to a::e:^r.i to ti-aee theii serar.i:e deTelopiue:Lts ; life nowhere can be cm in two with a liatclieu And :iis is emphatioiJlT tme of the civilization of Islam. Its intefle>cnial uni^, for gc>od and for eril. is i:s ontstiuidin;: qoal- itr. It iLiY have solTed the problem of faiili and seienee. as some hcdd ; it mar have cms lied ail thought which is not of faith, ;is many otlei-s hold. However that may be, its life and thought are a unity. So, also, with its institutions. It might be possible to tr.ioe the developments of the Ettropean states ont of the dying Boman Eniviie. even to watch the rat- limony of the Chntch grow and again vanish, and yet taie bnt little if any aceonnt of the Cath.^lie tlieology. It might be possible to deal adeonately with the iTTO^^h of that system of tlieolo-gy and yet never t-inch eitier the Soman or the cItlI la*^. evem to leave :nt of our view the canon law itself In Enrope the Stite may role tiie Church, or tLe Clinroh may mle the Stite : or they may stanl iii!e by siie in some—hat inbions amity, supposedly taking no 3 4 INTItODUOTlON account each of the other. But in Muslim countries, Church and State are