Tribal customs prevailed with following features: Jirga sort of a consultation; inter-tribe agreements; Bayiat (Bayiah) i.e. striking hand on hand to confirm the commitment either for trade or resolution of political or social issues, it could be compared with the tradition of manumission in Europe, a secular tradition having its roots in the primitive body language. These prevalent customs and traditions were known as Urf. Engels used the term of “gentile constitution” for a similar set of traditions that prevailed before the origins of statehood.
Some instances of the kind of political constitution that existed in and around Makkah can be traced from the sources of early Muslim historians like Ibn-i-Hisham who based his source mainly on Ibn-i-Is’haq. Regarding the early inhabitants of Makkah we find that in one part lived Bani Jurham the descendants of Prophet Ismail (Bani Ismail) and in the other lived Bani Qatoora. The Jurham would collect the10th part (Ushar) from those who would enter from their side and the Qatoora the same from their side. Once fight broke out between the two tribes and Bani Qatoora were defeated, yet all branches of the two tribes held an assembly (Jirga) and the supremacy of Bani Jurham was recognized. The management of affairs of house of God (Kaaba) was acceded to them. The tradition or Urf of tribal assembly (Jirga) settled this issue.
After sometimes, in-house fighting got rampant between Bani Jurham on tributes collected for Kaaba; another tribe Bani Khoza’a took advantage of the situation, attacked on Bani Jurham, defeated and ousted them from Makkah. The management of Kaaba went under Khoza’a. The decision in this case came by fighting.
Some time past and Qussiy Bin Kulaab of Quraish, son-in-law of Bani Khoza’a claimed inheritance after the death of his father-in-law; the dispute resulted in fight between Quraish and Khoza’a; then a moderator (Hakam) was appointed; the decision was taken in favor of Qussiye, the founder of Quraish supremacy on the management of Kaabah (Tawwalliyat), including the services of water and food for pilgrims (Siqayyah and Rifadah), organizing consultation (Nadawah) and the flag (Liwa) bearing. Qussiy built a room near Kaaba called Nadwah for consultations.
During 6th century AD, Hashim and Umayyiah, both descendants of Qussiye, stood up head-on against each other; the decision through moderator (Hakam) resolved the issue in favor of Hashim. Sometimes later, conflict irrupted again between Abdul Muttalib-bin-Hashim and Harab-bin-Umayyiah; decision again by a moderator (Hakam) was in favor of Abdul Muttalib.
Until early 7th century AD same tribal traditions held sway. State could not be evolved because means of production did not develop much; Abbas Bin Abdul Muttalib was Muttawalli (custodian) of Kaaba at the time of prophet’s declaration of prophet-hood. There was no ruler of Makkah or Madinah or that of Taif or Arabian Peninsula.
The system of inter-tribe pacts or agreements was in place. Some instances of such pacts entered between the tribes of Makkah at the advent of 7th century were: pact of Muteebiyn between the branches of Bani Abd-i- Munaf against Bani Abd Aldar; and a similar treaty between Bani Abd Aldar against Bani Abd Munaf; another famous treaty called Half-al-Fazool to help any oppressed against the oppressor and redress the grievances. At the time of reconstruction of Kaaba, the dispute as to who would fix the sacred black stone Hajar Al Aswad was resolved by consultation between tribal elders of Quraish and the decision was made by the Prophet Muhammed.
During his own lifetime, the Prophet followed the existent norms ‘Urf’ of tribal order in his day-to-day politics. During his earlier period in Makkah, he made secret pacts Bayiat Aqaba 1st and 2nd with tribal elders of Madinah who were inviting him to migrate to Madinah. Then after migration (Hijra) to
Madinah, when Islam was going to grasp strong roots, he made a pact Mithaq-i-Madinah with the Jews & the tribes, irrespective of Muslims and non-Muslims, living around Madinah which, in fact, was a united front of most of the forces concentrated in and around Madinah, against Quraish of Makkah It was secular in essence wherein Muslims, Jews and other non-Muslims had a political binding only; no religious binding.
He conducted Bayiat-i- Ridhwan, an oath of allegiance, before the peace agreement of Hudaibiya. After the victory of Makkah and Taif, most of Hijaz responded to his call for Islam, yet the Prophet did not establish any state or state institutions, neither in Madinah, nor in Hijaz. Only a kind of central authority emerged in the person of Prophet which was a sort of transition from primitive tribal order to sort of chiefdom. Sometimes there was an advisory council as well, but there was no bureaucracy of professional administrators. The government was essentially just the person of Prophet with his team of counselors i.e. the companions (Sahabas).
The real revolution that Prophet brought in, was unification of the Arab tribes around him despite great diversity between them, and he could achieve it by his great quality of liberal, pragmatic and magnanimous attitude, having no narrow prejudices, reflected in the pact with non-Muslims in Madinah (Mithaq Madinah); pact for peace at Hudaibia; general amnesty to all his adversaries at the time of the conquest of Makkah and later-on, his magnanimous distribution of booty to the family of Abu Sufiyan after the victory of battle of Hunain.
Death of Prophet raised the issue of succession; according to broader belief he did not appoint his successor and left the matter to prevailing ‘Urf’ i.e. the prevailing tradition or constitution of gentile, whereas one section i.e. the Shiites believe that he nominated Ali as his successor, which again was a tribal norm. However his close companion Abu Baker succeeded him through
consultation of tribal elders and Bayiat in Saqifah was conducted under the prevailing tradition and customs (Urf). Succession of Abu Baker by Omar through nomination was also another prevailing tradition. Succession of Omar by Othman through a committee (Shura) of six senior chiefs was also one of the prevailing tribal traditions. Finally the succession of Othman by Ali was the result of an armed rebellion, a tribal tradition of settling matters by force and siege.
The conflict between Ali and Muawiya led to bloody battles of Jamal and Siffin, which ultimately culminated into appointing moderators (Hakam): Musa – Ashari and Amr-bin Aas on behalf of each respectively. Resolving matters through moderators (Hakam) was also a tribal tradition that was in practice amongst Arab tribes since centuries. The initial period of Puritan Successors (Khilafat-e-Rashida), considered as the role model by Muslims, did not define a new and definite political system that presumably could be understood as derived from Islamic scriptures, rather the system of tribal constitution ‘Urf’ that prevailed for centuries amongst Arabs was followed. This tribal political constitution was secular in nature in the sense that it had common traits with those tribal societies, which were passing through the similar stage of socio-economic development in other parts of the world. The Prophet of Islam and his immediate successors did not introduce a religious or theocratic state authority.
During the era of immediate successors, one decisive factor that laid down the basis of qualitative change was the conquest of vast areas spread over thousands of miles from North Africa to Central Asia, comprising of very rich and fertile river valleys having accumulated the surplus wealth of many centuries, in some cases thousands of years; where the people had lived under dynastic monarchies for several centuries e.g. Egypt, Byzantine and Iran. The occupation of these areas and the induction of surplus wealth collected from there upset the socio-economic balance of tribal society
which led to political disorder. Struggle between the two lines erupted; one in favor of prevalent tribal order of equality and simplicity: the other to adopt monarchy of Byzantine & Iran. This contradiction crystallized during Othman era that led to armed rebellion and martyrdom of Othman, who failed to resolve this contradiction either way. The rebels pursued the first line: that of retaining the prevalent tribal order of equality and simplicity.
The succession of Ali under pressure of rebels precipitated the crisis that caused great divide resulting into the bloody battles of Jamal and Siffin between Ali and Muawiya: the former was supported by the rebels whereas the later pursued the second line of going in for the monarchical order. When Ali entered into political dialogue with Muawiya, through moderators, the extremist element of the upholders of first-line, hitherto gathered around Ali, also turned against him; they were given the name Khawarij i.e. the rebels. Ali had to fight against them in the battle of Nehrawan and defeated them, but later on, they plotted against him and assassinated him. After that, Amir Muawiya consolidated monarchy and nominated his son Yezid as his crown prince. The tragedy of Kerbala, the martyrdom of Hussain, son of Ali, at the hands of armies of Yezid led to the final sway of monarchical order in the Muslim society. The foundations of Ummaiyad dynasty, the first of its kind in Muslims were laid down. The center of power shifted from Madinah, the center of the first line of political order, to Damascus, the winter capital of Byzantine Empire and then to Baghdad, the areas that remained under monarchies for the last many centuries.
The transition from tribal political order, having no state structure, to the prevalent monarchical state system, both secular in nature, has been described lucidly by a medieval Muslim sociologist, thinker and historian, Abdul Rehman Ibn-e-Khaldoon, coming from Tunisia in 15th century AD. In his renowned Epilogue to History, he writes about the caliphate of Puritans (Rashidah); “Its function was just to bind the people to abide by the Shariyah (religious laws) and they could never imagine about the kind of government that existed in the countries of infidels at that time…Those senior Caliphs had nothing to do with the kind of that royal type of government. One reason was their piety and religion; and secondly their Arabic Bedouinism kept them away from the luxury because the Arabs of those times were far away from luxury and worldly pleasures”. He further says,” After them, from Muawiya on words, the chauvinism (Asabiyah) of the Arabs reached its final goal, royal authority. The restraining influence of religion had weakened. The restraining influence of government and group was needed.” (The Prologue)
Ibn-e-Khaldoon at another place in the same Prologue elaborates on this issue further: “During the reign of Caliph Omer, Amir Muawiya was governor of Syria and he lived in the palace of emperor of Byzantine in Damascus; their winter capital. Also he would wear precious royal robes and dine in the golden crockery. It was brought to the notice of Caliph Omer who censured Muawiya on his life style. But Muawiya defended on the grounds that the province he has been given to govern had remained under royal rule for centuries and could only be controlled if he would live like Romans. He also needed to show his grandeur to the neighbouring Byzantine Empire to overawe them and subjugate them. Omer accepted the argument.” (The Prologue)
To be continued
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