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Fatima.Mernessi_The-Forgotten-Queens-of-Islam-EN

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182 Conclusion<br />

public [al-'amma] and closes the door to the latter or opens it<br />

depending on the rank <strong>of</strong> the visitor, and does this at hours fixed<br />

by the prince.' 4<br />

<strong>The</strong>re are some very beautiful passages in Arab history about the<br />

lonely situation <strong>of</strong> pious caliphs - caliphs like 'Umar Ibn 'Abd al-<br />

'Aziz, who wanted at all costs to stop the violence and have a<br />

dialogue with the rebels. He spent his time receiving them and<br />

writing them long letters to explain himself and try to understand<br />

them. 'Umar Ibn 'Abd al-'Aziz died - alas! - too soon. Too soon<br />

to institutionalize dialogue with an opponent instead <strong>of</strong> cutting <strong>of</strong>f<br />

his head. <strong>The</strong> pious caliph suffered from being separated from the<br />

people by the hijab. He was conscious that it was impossible for<br />

him to fulfil his duties, which, according to the ideal, required him<br />

to be head <strong>of</strong> state and head <strong>of</strong> government, minister <strong>of</strong> justice,<br />

minister <strong>of</strong> finance, and commander <strong>of</strong> the army. 5 <strong>The</strong> job <strong>of</strong> qadi<br />

was one <strong>of</strong> the functions included in the caliphate. It was the qadi's<br />

duty to decide between litigants in order to put an end to disputes<br />

and cut short court cases, but only by applying the prescriptions <strong>of</strong><br />

divine law drawn from the Koran and the Sunna. This is the reason<br />

why this <strong>of</strong>fice was part <strong>of</strong> the duties <strong>of</strong> the caliph. 6 However, very<br />

quickly it became impossible for the caliph to carry out every duty<br />

that required face-to-face contact with the people: 'In the first years<br />

<strong>of</strong> <strong>Islam</strong> the caliphs exercised it [the function <strong>of</strong> qadi] themselves<br />

and did not delegate it to someone else. <strong>The</strong> first to delegate it to<br />

another person, to whom he gave complete powers, was 'Umar<br />

(may God agree to it).' 7 So much for justice.<br />

'Umar, the second orthodox caliph, died in year 13 <strong>of</strong> the Hejira<br />

(634), and since then Muslim justice has not been administered by<br />

the one who is responsible for it according to the divine plan -<br />

namely, the caliph himself. As we have seen, Harun al-Rashid was<br />

the first to delegate the function <strong>of</strong> imam, sending someone to lead<br />

the prayer service in his place. From that time on, the caliph and<br />

the people, who no longer had any opportunity to engage in dialogue,<br />

were locked into a cycle <strong>of</strong> violence and sedition followed<br />

by execution. <strong>The</strong> caliph barricaded himself in his palace, to which<br />

the people were denied entry. He only saw the world through the<br />

hijab. An elitist court, made up <strong>of</strong> viziers, high <strong>of</strong>ficials, 'ulama<br />

(religious authorities), and army generals, surrounded him and<br />

obstructed his view.<br />

<strong>The</strong> 'amma followed whoever made himself their leader, without<br />

differentiating between talent and incompetence, without dis-

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