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66 a master. Hence resulted that these sciences took their place among the (professional) arts; and, as arts do not flourish but among people settled in "fixed abodes (a state of civilisation from which the Arabs were, of all "mankind, the farthest removed), science became a product of domiciliation, "and the Arabs were therefore averse to its acquisition. But the domiciled people consisted, at that time, of Persians, mawlas, and other persons who had adopted the Persian habits of settled life; for them, the arts and the "sciences were a customary occupation, these habits having taken root among them at the origin of the Persian empire. Thus Sibawaih (1), the “master in the art of grammar, al-Fârisi (2), at a later period, and, after them, ar-Zajjâj (3), were natives of Persia; the majority of those who (to the great advantage of Islamism) preserved the Traditions (by learning them by heart) "were Persians or naturalised in Persia; all the learned in the fundamentals "of jurisprudence were Persians, a fact of which the reader is well aware; "so also were the dogmatic theologians and most of the commentators of the Koran.

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"The Arabs who were contemporary with this state of civilisation preferred the customs of nomadic life: under the Abbasides, the exercise of military command and their occupations in the service of government "diverted their attention from learning and study; attached to the state in "the quality of protectors and (subordinate) rulers, they were withheld by pride "from engaging in literary avocations, which, as we have just remarked, "had assumed the rank of arts; and we know that persons accustomed to "command others look upon the arts with scorn. They, in consequence, left such studies to the Persians and the mixed race (sprung from the intermarriage of the conquerors with the conquered), fully acknowledging their services in the cultivation of science."

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The influence of the same principle by which Ibn Khaldûn was guided throughout his Prolegomena is strongly marked in this passage; led away by his passion for generalizing, he examined every question in the abstract,

(1) See vol. II. page 396.

(2) See vol. I. page 379.

(3) Vol. I. p. 28. Here Ibn Khaldun has fallen into a mistake; az-Zajjâj was preceptor to al-Fârisi and died at least fifty years before him.

and always assumed that, for one effect, a single cause was quite sufficient. This rule is by no means so certain as he imagined, and its weakness is manifest in the present case. That the Arabs, when once converted into a people of rulers and occupied in the exercise of power, neglected learning and left its culture to foreigners is a fact attested by history; that they were restrained by pride from such a pursuit is natural enough (not however because they considered it in the light of an art, but because it would have betrayed their own ignorance and incapacity), yet it still remains to be explained why foreigners were induced to devote their minds to the study of Moslim law and Arabic literature.

Though it should appear presumptuous to control the judgments of perhaps the ablest philosophical writer which Islamism ever produced, the attempt may be justified in some cases, and this is one of the number. The question which Ibn Khaldûn overlooked admits of an easy solution: learning was the only path by which members of the conquered nations could hope to reach a position which might ensure them the respect of their masters; and

learning we are to understand such branches of knowledge as could serve to elucidate the doctrines of Islamism and develop the principles of the law: they saw the Arab government unable to apply to the new state of things by which it was surrounded those vague and incoherent maxims of jurisprudence which were furnished by the Koran, the Traditions, and the practice of the first Moslims; they felt that the faculties of mind which they had themselves derived from an advanced state of civilisation could be applied with advantage to the task of collecting and discussing the Traditions, clearing up the obscurities of the Koran by the study of Arabic literature, and moulding into a regular system the ordinances of the law. This they undertook and accomplished; labouring to establish their own right to public respect, they gave consistence to Islamism; and the conquests of the Arabs received stability from the more peaceful occupations of the mawlas.

مكار

The word mawla () is derived from the verb wala ( to be near); its grammatical form shows it to belong to that class of nouns which are called nouns of place (low), and serve to designate either the place in which the action indicated by the verb of the same root takes effect, or the subject in which the state of being expressed by that verb has its existence. The signifi

cation of the word mawla is therefore the place in which, or the person in whom proximity exists, and, in its ordinary application, it serves to denote the ideas of master and slave, patron and client, companion, neighbour, confederate, relation (affinis), the granter and the receiver of a favour, etc. It is easy to see that one general idea pervades these various significations, that of proximity, either in a physical or a moral sense. The primitive signification of the verb wala is also apparent in the derivative wali (propinquus), which serves to express the idea of friend, and that of saint, because saints are near to God.

The relationship betwen patron and client is termed wald (9) and it implies mutual assistance (tandsur). This mutual assistance embraces two conditions: 1. The obligation of the patron (al-mawla al-aala) to pay the diya, or fine for blood (1), incurred by the client (al-mawla al-asfal); 2. The right of the patron to inherit of the client; or, in other terms, that the become his client's aakila (älle ransomer) and wârith (~' heir).

patron should

Walâ results from enfranchisement or from approximation; it is therefore of two kinds, relationship by enfranchisement (wald 'l-atâka), called also relationship by favour (walâ 'n-nêma), and relationship by approximation (walâ 'l-muwâlât); terms for which may be substituted in English effective patronage and adoptive patronage.

Effective patronage is established by enfranchisement. The enfranchised slave becomes the client of him who enfranchises, and if he die without male heirs, his property is inherited by the enfranchiser or his heirs. Effective patronage is valid not only when the two parties are Moslims, but when they are both infidels, or when one is a Moslim and the other an infidel.

Adoptive patronage is established by a contract made with mutual consent, as when a person makes profession of Islamism to another person, and then says: "Thou art my mawla (patron), to inherit of me when I die and to pay

(1) The diya is the penalty imposed on the author of a homicide per infortunium. It consists of one hundred camels, or one thousand pieces of gold (dinars), or twelve thousand pieces of silver (derhims). The diya incurred for the homicide of a woman, a Christian, a Jew, or a Magian, is half the ordinary diya. The diya is incurred for having occasioned the loss of the two hands, or of the two feet, or of the two eyes; the loss of a single hand, foot, or eye, requires the penalty of a half diya. The whole diya is incurred for having caused the loss of the nose, or of the hearing, or of the reason, or of the tongue, or of the sexual organs, etc

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"the fine for me when I am amerced;" and the other replies: "I accept," or "I form proximity with thee."

The necessary conditions of this act are that the future client should be without heirs, that he should not be an Arab or a mawla to an Arab, that no other person had already engaged to pay the fine for blood in case of his being amerced, and that the right of inheriting and the obligation of paying the fine should be enounced when forming the contract. Islamism in one or both parties is not a necessary condition, according to the majority of the doctors: a zimmi may contract wald with a zimmi or with a Moslim, and a Moslim with a zimmi; a man may also contract it with a woman, and a woman with a man; neither is it necessary that the act should pass in a Moslim country. The children of the client (born after the contract, for, before it, he was without heirs,) are bound by that act and benefit by the advantages which it assures them. Adoptive patronage confers on the foreign neophyte all the civil rights possessed by a Moslim, and by it he has the advantage of chosing his aâkila.

In the eyes of the Moslim law every individual must have an aâkila, that is, a person or a body of men bound to pay the fine of blood if he be amerced. The adkila of a man are all those who are inscribed on the same roll (diwan) with him, if he be engaged in military service, or if he receive a pension from the public treasury; otherwise, it is his tribe or family; then his patron, then his clients; and if he have no aâkila, the public treasury pays for him. If he inhabit a city or its suburb, all the enregistered inhabitants form his adkila, and if he exercise a profession there, all the members of the same trade are his aâkila. Each class of zimmis is the aâkila of its individual members; the aâkila of a mawla by enfranchisement are the emancipator and kindred of the emancipator, and the aâkila of a mawla by approximation are his patron and patron's kindred.

MOSLIM EDUCATION.

The course of study universally followed in Muhammedan countries has been briefly indicated in the first volume of this work (1), but it is much to be regretted that the information we possess on this subject is very slight, and that the system of mental culture requisite to form a well-educated Moslim is a point on which great obscurity still prevails. And yet the importance of obtaining a clear insight into the causes which gave to the character of a great and polished nation its peculiar cast and form cannot but be deeply felt. Were it possible to dissipate the obscurity in which this question is involved, a more exact idea would then be formed of the Moslim mind and Moslim civilisation. In such an investigation the works of Arabic authors might be expected to afford the highest assistance, but unfortunately the documents which they have left on this subject do not enable us to view it in all its bearings. These indications are not, however, without their value; they aid us to understand some parts of the system, and from the parts we may judge of the whole. One of the most curious is that given by Ibn Khaldûn in his Prolegomena, where he expresses himself thus :

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To teach children the Koran is a sign of religion shown by the Moslims in all their cities, and a duty which they universally fulfil; for by this "means the faith is firmly planted in the youthful heart, as also a knowledge of the dogmas which are enounced in the verses of that book. The Koran is therefore the basis on which are reared the future faculties of the mind; for that which is learned at an early age remains deeply impressed on the memory and serves as a foundation for what follows, and "we know that the form of the edifice is determined by the disposition of the foundations.

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"The different systems followed in teaching children the Koran are distinguished by the peculiar faculties developed by each. In Maghrib (Algiers and Morocco), that book is taught without any accompaniment; they

(1) See vol. I. Introduction, page xxxi.

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