Arab Society and Islamic Law

Arab states and nations have historically followed both civil codes and Islamic law, or Sharia. In the medieval caliphates, legal interpretations, or fatwas, were formed by juries made up of scholars. These interpretations, built over centuries, comprised a body of law known as fiqh, distinguished from divine Sharia by the potential for human error. The actual implementation of these laws has differed from state to state up to the present day. In most modern cases, leaders have set secular laws drawing from Islamic customs and international standards. Family law, a branch made distinct in recent centuries, is more likely to be enforced today than other elements of Sharia.

Social Structure of the Medieval Caliphates

The historic Arab world derived its basic social structures from the Umayyad, Abbasid, and earlier Rashidun Caliphates. These states ruled over diverse religious and ethnic populations; by the 10th century, areas under Arab control stretched from Spain to Afghanistan. This empire soon fragmented into many smaller states, each establishing its own norms.

The Abbasid dynasty is perhaps best known for its role in the Islamic Golden Age. Its caliphs acted as both a religious and political leader. The caliph and his family enjoyed great wealth and status within society. Over time, however, his role grew more ceremonial in favor of powerful civil servants and military leaders. Below the ruling class were Muslim professionals, farmers, and craftsmen. Education was an essential tool for success, and the Abbasids in particular fostered a society of scholars and artists. Women were subservient to men and remained within the home to raise children, though exceptions to this rule were likely common.

In the early caliphates, Arab Muslims were generally given higher status than newer converts. This practice began to wane with increasing Persian influence in the Abbasid era. Because Islam recognizes Christianity and Judaism as related faiths, its civilizations generally tolerated them. Christians and Jews made up a dhimmi class in most caliphates and the later Ottoman Empire. Within this system, religious minorities could continue their worship and were judged by their own religious laws. In exchange, they paid a jizya tax and lacked certain rights granted to Muslims. Other religions such as Hinduism, Buddhism, and Zoroastrianism also fell under this system, depending on the time and place.

At the bottom of society were the slaves, a large class of people with few legal rights. Despite their status as owned people, slaves did not always perform menial labor. Many occupied respected roles as bureaucrats and military officials. The most famous class of slaves consisted of enslaved Muslim minorities trained as elite soldiers. These mamluks, primarily Turkish, were roughly equivalent to medieval European knights. One group went on to found the Mamluk Sultanate based in Cairo.

Modern Societies of the Arab World

After the fall of the Abbasids in 1258, the Islamic Golden Age came to an end. The conquering Mongol Ilkhanate tended to favor Persians over Arabs. By the 16th century, Baghdad had been rebuilt and conquered by the Persian Safavids. A few decades later, after a violent struggle, most of the former Arab caliphates fell to the Turkish Ottoman Empire. The Ottomans extended many of the previous practices of the caliphates, but they also expanded secular law, or kanun. In the 19th century, they adopted elements of European law systems, most heavily influenced by the French. This set the stage for later nationalist movements and the modern nations that rose from them.

In the early stages of the Arab Revolt, traditionally Arab territories worked with the British toward a unified state free of Ottoman control. They were led primarily by the Sharif of Mecca, Hussein bin Ali. Unknown to the Arabs, however, France, Britain, and Russia secretly negotiated the Sykes-Picot Agreement in 1916. They agreed to carve up the former Ottoman Empire between themselves, driven by colonial interests and a growing appetite for oil. This agreement led to the modern borders of the Middle East, often drawn without considering the religions, history, and people within them.

The century following Sykes-Picot has been marked by both great wealth and instability in the Middle East. The League of Arab States formed in 1945 in response to the pressures of World War II. Today, it consists of 22 member states, each with their own laws, culture, economy, religious sects, and politics.

Since 2010, much of the Arab world has seen a wave of popular protests known as the Arab Spring. The movement, generally seeking greater public freedoms, has led to violent crackdowns, coups, and civil wars, most notably in the nations of Syria, Yemen, Tunisia, Libya, and Egypt.

Further Reading:

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References

Barakat, Halim. The Arab World: Society, Culture, and State. University of California Press. 1993.

Habib Hourani, Albert and Malise Ruthven. A History of the Arab Peoples. Harvard University Press. 2002.

Hitti, Philip Khuri. The Arabs: A Short History. Regnery Publishing. 1996.

Reynolds, Dwight F., ed. The Cambridge Companion to Modern Arab Culture. Cambridge University Press. 2015.

“The 'Arab Spring': Five Years On.” Amnesty International, Amnesty International, www.amnesty.org/en/latest/campaigns/2016/01/arab-spring-five-years-on/.

Warnock Fernea, Elizabeth and Robert A. Fernea. The Arab World. Knopf Doubleday Publishing. 2011.

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