Bernard Lewis is the Cleveland E. Dodge Professor of Near Easter Studies Emeritus at Princeton University. His new book, Faith and Power: Religion and Politics in the Middle East, illuminates the role of religion in the Middle East, revealing how it has shaped society for good and for ill. In the excerpt below, which looks at Islamic government, we learn about the long history of religion intertwining with governmental authority.
Every civilization formulates its own idea of good government, and creates institutions through which it endeavors to put that idea into effect. Since classical antiquity these institutions in the West have usually included some form of council or assembly, through which qualified members of the polity participate in the formation, conduct, and, on occasion, replacement of the government. The polity may be variously defined; so, too, may be the qualifications that entitle a member of the polity to participate in its governance. Sometimes, as in the ancient Greek city, the participation of citizens may be direct. More often qualified participants will, by some agreed-upon and recurring procedure, choose some form among their own numbers to represent them. These assemblies are of many different kinds, with differently defined electorates and functions, often with some role in the making of decisions, the enactment of laws, and the levying of taxes.
The effective functioning of such bodies was made possible by the principle embodied in Roman law, and in systems derived from it, of the legal person – that is to say, a corporate entity that for legal purposes is treated as an individual, able to own, buy or sell property, enter into contracts and obligations, and appear as either plaintiff or defendant in both civil and criminal proceedings. There are signs that such bodies existed in a pre-Islamic Arabia. They disappeared with the advent of Islam, and from the time of the Prophet until the first introduction of Western institutions in the Islamic world there was no equivalent among the Muslim people of the Athenian boule, the Roman Senate, the Jewish Sanhedrin, the Icelandic Althing or the Anglo-Saxon Witenagemot, or any of the innumerable parliaments, councils, synods, diets, chambers, and assemblies of every kind that flourished all over Christendom.
One obstacle to the emergence of such bodies was the absence of any legal recognition of corporate persons. There were some limited moves in the direction of recognition. Islamic commercial law recognizes various forms of partnership for limited business purposes. A waaf, a pious foundation, once settled is independent of its settlor and can in theory continue indefinitely, with the right to own, acquire, and alienate property. But these never developed beyond their original purposes, and at no point reached anything resembling the governmental, ecclesiastical, and private corporate entities of the West.
Thus almost all aspects of Muslim government have an intensely personal character. In principle, at least, there is no state, but only a ruler; no court, but only a judge. There is not even a city with defined powers, limits, and functions, but only an assemblage of neighborhoods, mostly defined by family, tribal, ethnic, or religious criteria, and governed by officials, usually military, appointed by the sovereign. Even the famous Ottoman imperial divan – the divan-i humayun – described by many Western visitors as a council, could more accurately be described as a meeting, on fixed days during the week, of high political, administrative, judicial, financial, and military officers, presided over in earlier times by the sultan, in later times by the grand vizier. Matters brought before the meeting were referred to the relevant member of the divan, who might make a recommendation. The final responsibility and decision lay with the sultan or the grand vizier.
One of the major functions of such bodies in the West, increasingly through the centuries, was legislation. According to Muslim doctrine, there was no legislative function in the Islamic state, and therefore no need for legislative institutions. The Islamic state was in a principle a theocracy – not in the Western sense of a state ruled by the church and the clergy, since neither existed in the Islamic world, but in the more literal sense of a polity ruled by God. For believing Muslims, legitimate authority comes from God alone, and the ruler derives his power not from the people, nor yet from his ancestors, but from God and the holy law. In practice, and in defiance of these beliefs, dynastic succession became the norm, but it was never given the sanction of the holy law. Rulers made rules, but these were considered, theoretically, as elaborations or interpretations of the only valid law – that of God, promulgated by revelation. In principle the state was God’s state, ruling over God’s people; the law was God’s law; the army was God’s army; and the enemy, of course, was God’s enemy.
Without legislative or any other kind of corporate bodies, there was no need for any principle of representation or any procedure for choosing representatives. There was no occasion for collective decision, and no need therefore for any procedure for achieving and expressing it, other than consensus. Such central issues of Western political development as the conduct of elections and the definition and extension of the franchise therefore had no place in Islamic political evolution.
Not surprisingly, in view of these differences, the history of the Islamic states is one of almost unrelieved autocracy. The Muslim subject owed obedience to a legitimate Muslim ruler as a religious duty. That is to say, disobedience was a sin as well as a crime.
Modernization in the nineteenth century, and still more in the twentieth, far from reducing this autocracy, substantially increased it. On the one hand, modern technology, communications, and weaponry greatly reinforced the rulers’ powers of surveillance, indoctrination, and repression. On the other hand, social and economic modernization enfeebled or abrogated the religious constraints and intermediate powers that had in various ways limited earlier autocracies. No Arab caliph or Turkish sultan of the past could ever have achieved the arbitrary and pervasive power wielded by even the pettiest of present-day dictators.