Development of Muslim Theology, Jurisprudence, and Constitutional Theory — John Shaqi
Development of Muslim Theology, Jurisprudence, and Constitutional TheoryMacDonald, Duncan Black
ReligionIslamic
Development of Muslim Theology, Jurisprudence, and Constitutional Theory
MacDonald, Duncan Black
Constitutional law (Islamic law); Islam -- Doctrines -- History; Islam and state -- History; Islamic law -- History
So, also, with its institutions. It might be possible to trace the
developments of the European states out of the dying Roman Empire, even
to watch the patrimony of the Church grow and again vanish, and yet take
but little if any account of the Catholic theology. It might be possible
to deal adequately with the growth of that system of theology and yet
never touch either the Roman or the civil law, even to leave out of our
view the canon law itself. In Europe the State may rule the Church, or
the Church may rule the State; or they may stand side by side in somewhat
dubious amity, supposedly taking no account each of the other. But
in Muslim countries, Church and State are one indissolubly, and until
the very essence of Islam passes away, that unity cannot be relaxed.
The law of the land, too, is, in theory, the law of the Church. In the
earlier days at least, canon and civil law were one. Thus we can never
say in Islam, “he is a great lawyer; he, a great theologian; he, a great
statesman.” One man may be all three, almost he must be all three, if he
is to be any one. The statesman may not practice theology or law, but his
training, in great part, will be that of a theologian and a legist. The
theologian-legist may not be a man of action, but he will be a court of
ultimate appeal on the theory of the state. He will pass upon treaties;
decide disputed successions; assign to each his due rank and title. He
will tell the Commander of the Faithful himself what he may do and what,
by law, lies beyond his reach.
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