ssion of the Omayyad khalifs, the actual authority rested in the hands
of dynasties, and under the Abbasids government assumed even a despotic
character. This relation between the governors and governed, originally
alien to Islam, was not changed by the transference of the actual power
into the hands of _wezirs_ and officers of the bodyguard; nor yet by
the disintegration of the empire into a number of small despotisms, the
investiture of which by the khalif became a mere formality. Dynastic and
political questions were settled in a comparatively small circle, by court
intrigue, stratagems, and force; and the canonists, like the people, were
bound to accept the results. Politically inclined interpreters of the law
might try to justify their compulsory assent to the facts by theories about
the Ijma' of the notables residing in the capital, who took the urgent
decisions about the succession, which decisions were subsequently confirmed
by general homage to the new prince; but they had no illusions about the
real influence of the community upon the choice of its leader. The most
independent scholars made no attempt to disguise the fact that the course
which political affairs had taken was the clearest proof of the moral
degeneration which had set in, and they pronounced an equally bold and
merciless criticism upon the government in all its departments. It became
a matter of course that a pious scholar must keep himself free from all
intercourse with state officials, on pain of losing his reputation.
The bridge across the gulf that separated the spiritual from the temporal
authorities was formed by those state officials who, for the practice
of their office, needed a knowledge of the divine law, especially the
_qadhis_. It was originally the duty of these judges to decide all legal
differences between Mohammedans, or men of other creeds under Mohammedan
protection, who called for their decision. The actual division between the
rulers and the interpreters of the law caused an ever-increasing limitation
of the authority of the _qadhis_. The laws of marriage, family, and
inheritance remained, however, their inalienable territory; and a number
of other matters, in which too great a religious interest was involved to
leave them to the caprice of the governors or to the customary law outside
Islam, were usually included. But as the _qadhis_ were appointed by the
governors, they were obliged in the exercise of their office to give du
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