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A History of Rule by Divine Law Among Semitic Cultures Ideals of Semitic Theonomocracy from Hammurabi to the Islamic State with Al-Māturīdī in Between

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A History of Rule by Divine Law Among Semitic Cultures Ideals of Semitic Theonomocracy from Hammurabi to the Islamic State with Al-Māturīdī in Between University of Lund Department of History HISS33: Master Thesis 30 credits Supervisor: Joachim Östlund Examiner: Yvonne Maria Werner Date of examination seminary: 2020-06-05 kl. 10.15–12.00 Place of examination seminary: LUX A332 A History of Rule by Divine Law among Semitic Cultures Ideals of Semitic Theonomocracy from Hammurabi to the Islamic State with Al-Māturīdī in between Karl Bjur Abstract This is a comparative study of several widespread and canonical texts from the lowlands of the Middle East and North Africa, with regard to historically reoccurring interconnected traits of ideal state structure among cultures, where Semitic languages have been main languages of communication from the 18th century BC to the modern day. The study is of reoccurring ideals of state structure with defined limits and causes for its existence across several Semitic speaking cultures. The study’s extent stretches from the code of Hammurabi during the 18th century BC to the modern day, and it includes more than ten text collections among four different cultures as well as a modern text for what can be seen as a modern example of reoccurring traits. In this study, geography, phases of establishment of civilizations and interconnectivity among the cultures through a lens of cultural Darwinism based upon ideas proposed by Richard Dawkins has been used. This study draws inspiration from studies done by the historians Patricia Crone and Martin Hinds among others. The study focuses upon systems based upon holy law from the divine and arrives at the conclusion of the existence of several reoccurring ideals throughout history, due to a shared overarching context among several of the cultures promoting a reoccurring development and survival of these ideals. These ideals include a rulership, of a chosen holy lineage, limited and defined by divine law, as opposed to ideals of absolutist oriental despotism common to older models, and a judiciary class of men of religion interpreting the law coming from the divine and controlling the rulership through it with concepts such as nomination. The study took into account the extent and limits of the reoccurring ideals in the peripheral of the context that was assumed to have created the reoccurring ideal. It did this by studying the political ideals of the foundational 10th century text Kitāb al-Tawḥīd from Central Asia within the Māturīdīya school of Sunni Islamic theology, which became the dominant theology within the later Ottoman Empire 1298- 1924 AD. This focus upon Kitāb al-Tawḥīd was to study the limits of the context for the tendency towards the ideals with a different geography and cultural influence creating a different context for survival and development of ideals. The conclusion was that the ideals of Kitāb al-Tawḥīd is a syncretism between ideals of rule by divine law and local influences, which reflected a different context. This context determined the ideals that survived and demonstrated the geographical and cultural limitations for possibilities of a tendency of reoccurring ideals based upon divine law outside the Middle East and North Africa. Keywords: History, Islam, Arabic, Judaism, Hammurabi, State, Divine law, Sharia, Halakha, Aksum, Ethiopia, Didascalia, Theocracy, Theonomocracy, Semitic, Israelite, Al-Māturīdī 2 Table of Contents Transcription System and Glossary .................................................................................... 4 1. Introduction and Why the Subject Was Chosen ........................................................... 5 1.1.1. Knowledge and Previous Studies of State Structures among Semitic Cultures ............................ 6 1.2. The Intentions behind this Study and the Questions Related to It ................................... 9 2. Source Material, the Main Sources ........................................................................... 10 3. Use of Research and Literature with Regard to State, Law and Religion .................... 13 4. Theoretical Framework ............................................................................................ 16 4.1. The Greater Theoretical Framework for a Tendency, Cultural Darwinism ...................... 16 4.1.1. Criticism of a Memetic Perspective and Discussion .................................................................... 18 4.1.2. Theoretical definitions of ideal-types in connection to arguing for a tendency ......................... 19 4.1.2.1. Further discussion about theories in connection to a Semitic Theonomocracy .................... 21 5. Theoretical and Methodical Considerations for the Source Material ......................... 23 5.1. Criteria for the Selection of the Sources ....................................................................... 23 5.2. Problems with the Sources ........................................................................................... 24 5.2.1. Translations and the problems inherent in them and in printed ancient texts .......................... 24 5.2.2. Source criticism, other problems and aspects ............................................................................ 25 5.2.2.1. Interrelation and dependability among the sources .............................................................. 26 6. Method for the Study ............................................................................................... 27 6.1. The First Stage, its Focus and Limitations ...................................................................... 27 6.1.1. Studied themes for the study’s first stage .................................................................................. 28 6.2. The Second Stage, its Focus and Limitations ................................................................. 29 6.3. Repeated Questions for the Study Divided for the Stages ............................................. 30 7. Historical Background of the Semitic Cultures in the study ........................................ 31 7.1. Shared developmental characteristics among all the Semitic cultures ........................... 33 7.2. The Shared Physical and Geographical Factors Affecting all these Cultures .................... 34 7.3. A Net of Communication, Contact and Borrowing among these Cultures ....................... 36 8. Analysis and Discussion about Ideal State Structure in the Sources ........................... 40 8.1. The First Stage of the Study; Beginning with the Divine Law .......................................... 40 8.1.1. Existence of Concrete Divine Law and Further Codification in the Cultures .............................. 40 8.1.1.1. Divine Law and its Existence in a Context .............................................................................. 47 8.1.2. The Men of Religion in the Judiciary Role of Judges ................................................................... 53 8.1.2.1. The Judiciary Role of the Men of Religion in its Context of Power......................................... 57 8.1.3. The Divinely Ordained Role of the Earthly Rulership, Limited Earthly Power and Rulership Being Held Responsible .......................................................................................................................................... 59 8.1.3.1. Existence of Chosen Holy Lineage for the Earthly Rulership across the Cultures .................. 60 8.1.3.2. The Limiting Aspect of Codified Divine Law versus Laws of the Rulership ............................. 65 8.1.3.3. The Concept of Divine Law with Rules Directly Limiting Rulership ........................................ 72 3 8.1.3.3.1. Nomination by the Men of Religion as Control of the Rulership ..................................... 76 8.1.3.5. Synoptic Discussion about the System of Divine Law Limiting Rulership ............................... 77 8.1.4. History of Subordination of Rulership to Divine Law .................................................................. 82 8.2. Summarizing a Tendency of Ideal State and its Confines: End of the First Stage ............. 87 8.3. The Second Stage; Influence of the Ideal and its Cultural Niche ..................................... 90 8.3.1. Nature of the Kitāb al-Tawḥīd and the Context around it .......................................................... 90 8.3.2. Apolitical at First Glance and Postponement versus Divine Law ................................................ 91 8.3.3. Role of Reason, Muʿtazila and Tradition in Regard to Divine and Natural law ........................... 95 8.3.4. The Role of the Divine Law in the Theology of Al-Māturīdī ........................................................ 99 8.3.4.1. Relationship to the Tendency towards Theonomocracy and the Limits of the Ideal ........... 100 9. Conclusion of the Study and Answering Questions about Ideal Semitic State Structure from a Long Perspective ................................................................................................. 101 9.1. Answering the Questions ............................................................................................ 101 9.2. How this Study Differs from Various Previous Studies .................................................. 105 9.3. Conclusive Summation ................................................................................................ 107 9.4. How to Improve upon What Has Been Studied for Future Studies ................................ 107 10. Source Material ................................................................................................... 109 11. Literature and other
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