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DEVELOPMENT OF JURISPRUDENCE

part in the first codifying of traditions, was one of these, and the later pious historians have had hard work to smooth over his connection with the impious Umayyads. Probably—it may be well to say here—the stories against the Umayyads have been much heightened in color by their later tellers and also az-Zuhri, being a man of insight and statesmanship, may have recognized that their rule was the best chance for peace in the country. Muslims have come generally to accept the position that unbelief on the part of the government, if the government is strong and just, is better than true belief and anarchy. This has found expression, as all such things do, in traditions put in the mouth of the Prophet.

But while only a few canonists had taken the part of the Umayyads, far more accepted the favors of the Abbasids, took office under them and worked in their cause. The Abbasids, too, had need of such men. It was practically the religious sentiment of the people that had overthrown the Umayyads and raised them to power; and that religious sentiment, though it could never be fully satisfied, must yet be respected and, more important still, used. There is a striking parallel between the situation then, and that of Scotland at the Revolution Settlement of 1688. The power of the Stuarts—that is, of the worldly Umayyads—had been overthrown. The oppressed Church of the Covenant—that is, the old Muslim party—had been freed. The state was to be settled upon a new basis. What was that basis to be? The Covenanting party demanded the recognition of the Headship of Christ—that the Kirk should rule the state, or

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should be the state, and that all other religious views should be put under penalty. The old Muslim party looked for similar things. That religious life should be purified; that the canon law should be again the law of the state; that the constitution of Umar should be restored. How the Covenanters were disappointed, how much they got and how much they failed to get, needs no telling here.

Exactly in the same way it befell the old Muslims. The theological reformation was sweeping and complete. The first Abbasids were pious, at least outwardly; the state was put upon a pious footing. The canon law also was formally restored, but with large practical modifications. Canon lawyers were received into the service of the state, provided they were adaptable enough. Impossible men had no place under the Abbasids; their officials must be pliable and dexterous, for a new modus vivendi was to be found. The rough and ready Umayyad cutting of the knot had failed; the turn had now come for piety and dexterity in twisting law. The court lawyers learned to drive a coach and four through any of the old statutes, and found their fortunes in their brains. So the issue was bridged. But a large party of malcontents was left, and from this time on in Islam the lawyers and the theologians have divided into two classes, the one admitting, as a matter of expediency, the authority of the powers of the time and aiding them in their task as rulers; the other, irreconcilable and unreconciled, denouncing the state as sunk in unbelief and deadly sin and its lawyers as traitors to the cause of religion. To pursue

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