Religion and Law

Structures of Islam

Two elements—the Qu’ran and the hadith (the actions and utterances of Muhammad)—formed the shari’a, or Holy Law, which governed the actions of the faithful. The shari’a plays a role in the everyday life of faithful Muslims, in issues of everything from personal life to property and business. Enforcement of law and interpretation of the shari’a were two different areas, pursued in two different areas of society. According to the Sunni tradition, the Islamic state is a theocracy, with the sole source of authority coming from Allah. Unlike the Western churches, Islam lacked a hierarchical church structure with synods or councils, and group interpretation of laws was highly unusual. No single orthodox dogma or ecclesiastical authority ruled over the Islamic state: instead, the only accepted test of true belief, as Lewis puts it, is the consensus of believers, which was in essence the majority opinion among the believers. From about 900 forward, Sunni theologians believed that most standing issues had been addressed; however, there were always new issues facing the communities, including European influenced items like tobacco and coffee. As such, heresy (speaking against the established faith) did not exist; however, apostasy (abandoning one’s faith, or not adhering to one’s faith despite professing belief) did, and was one of the worst possible crimes a Muslim could commit. This distinction would be very important in terms of the variance between the Sunni and the Shi’a branches of Islam; because the Shi’a continued to practice and believe in Islamic doctrine, they could not be considered apostates, which prevented them from being exorcised from the faith.

Islamic Law and Jihad

The obligation of holy war, or jihad, is a controversial one in many ways. Some scholars have gone so far as to declare that jihad is in fact the sixth pillar of Islam, and is a moral obligation for all devout Muslims. Interpretations of the term vary wildly. Many argue that it is a military obligation; others claim that it is a defense of Islam, without the military implications. Those who engage in the military form of jihad are enjoined to treat their captives fairly, to not kill women and children, to avoid torturing their prisoners, and to provide fair warning. Jihad is often compared to the Christian Crusades which began in the 11th century, and often specifically to the reconquista, or reconquest of Spain which the Christian church undertook between the 8th and 15th centuries. However, those wars were very specific in scope and mission; the jihad was much more loosely defined, and included no specifics in terms of geography, etc. Jihad could only be undertaken as a war against infidels and apostates (hence preventing jihad from being declared against bandits, or example, or raiders). This differentiation was significant, for those who fought in a legitimate jihad were guaranteed certain rights and privileges were they to die on the battlefield (much as the Crusaders were not required to adhere to the meatless days of Lent, etc, while on Crusade). Martyrs (and those who died on jihad were considered martyrs) were entitled to plunder in the temporal world and the delights of Paradise upon their passage to Heaven. The first jihads, fought in the years immediately after Muhammad’s death, succeeded in bringing in many converts to Islam, and the religion spread exponentially as a result; however, it slowed in the 9th century, largely due to the failure of the Islamic forces to capture Byzantium, and did not revive again until the leadership of Saladin in the 12th century (and much of the jihad of Saladin was a defense of the state against the Crusaders of the 3rd Crusade). The successors of the great Saladin were far less willing (or were prescient enough to recognize that there was only so much they could do against the Crusaders) to continue the battle for the faith, and it was not until the reign of the Ottomans in the 15th century that the jihad truly begins again.

The Ottomans, of all of the great Islamic dynasties, were the most dedicated to the faith and the most committed, as a leadership group, to spreading it as far as possible. For over 200 years, the Ottoman forces battered the Christian forces in the Balkans and Eastern Europe, defeating the Byzantines and seizing Constantinople, before finally being defeated at the walls of Vienna in 1683. From that point, while they continued to play a role in the Near and Middle East, the Muslim forces were not a serious threat to Christendom (one can argue that this has changed in the wake of September 11th, going with the idea that the Taliban and Al-Qaeda are legitimate jihadist forces (a claim that most reputable Muslim scholars disregard).

In addition to jihad against foreign infidels, jihad was also occasionally turned inward, especially in terms of the Shi’a, who often viewed the Sunni leaders as infidels and usurpers; it was also popular against foreign rulers, such as the Mongols, whose Islamic faith was viewed as suspect at best. Movements against these groups were not universally accepted, and some Muslims, tired of warfare and uncertainty, began to look elsewhere for spiritual expression. As Shi’ism began to lose support, many Muslims encountered Sufism, and the numbers of those adhering to the Sufi movement grew. Sufism began initially as an individual mystical movement, similar to many of the Christian mystic movements which were so popular in the 13th and 14th centuries. In time, as the Christian movements had, Sufism began to be organized into brotherhoods, although their members remained, for the most part, politically unorganized. Sufi teachings, however, would have great influence on both Muslims and non-Muslims, as many of the works of Sufi mystics found their way to the scholars and educators of the Mediterranean world and beyond. As one might expect, eventually competition developed between these groups, and some of these erupted into feuds; however, the Sufi orders would unify in their defiance against imperialism and would continue to have an impact into the 20th century.