Journal of Legal Research

Journal of Legal Research

The Formation of Islam’s Religious Authority in the Absence of Centralized Institutional and Normative Authority in Arabia

Document Type : Original Article

Author
Assistant Professor, Department of Public Law and International Law, Faculty of Law and Political Science, University of Shiraz, Shiraz, Iran.
Abstract
No religious order emerges in a vacuum. The formation, continuity, and normative influence of religions are invariably conditioned by political, economic, environmental, and socio-cultural factors. Islam emerged in the Arabian Peninsula at a time when the region, save for limited territories such as Yemen, was largely devoid of centralized political authority, institutional governance, and coherent normative structures. The Prophet Muhammad (PBUH) was entrusted with his prophetic mission in a land characterized predominantly by tribal affiliations, kinship solidarities (ʿaṣabiyyāt), and a largely nomadic mode of life. Economically, with the exception of relatively developed urban centers such as Mecca and Yathrib, most regions of Arabia operated within a subsistence economy lacking stable productive surplus, thereby inhibiting the development of durable governmental institutions, organized political authority, and integrated commercial structures. Most nomadic tribes subsisted through pastoralism, intertribal raids, and predatory warfare. The identification and analysis of these socio-historical conditions have attracted the attention of several contemporary scholars, including Mohammed Bamyeh in The Social Origins of Islam. Adopting a descriptive-analytical approach, the present study seeks to examine more precisely the structural and normative conditions underlying the emergence of Islam and to identify the extent to which the institutional fragility and decentralized character of pre-Islamic Arabia influenced the doctrinal and normative architecture of the new religion. In particular, the article analyzes the manner in which the concept of divine sovereignty embodied in Allah functioned as a transcendent substitute for the absence of centralized statehood and monarchy in Arabia. Findings indicate that Islam introduced a form of normative and juridical authority capable of compensating for the regulatory and institutional deficiencies prevailing within Arabian society. More specifically, Islam’s duty-oriented and obedience-based conception of salvation, grounded in unequivocal adherence to the Sharīʿa, contributed to the mitigation of normative fragmentation and legal instability in the region. In this respect, Islam succeeded in synthesizing elements of existing tribal and sedentary customary orders with the requirements of a newly emerging socio-legal order founded upon religious legitimacy and normative cohesion.
Keywords

Ahmadvand, Shoja and Ahmadreza Bordbar. “The Religious Foundations of the State in Ancient Iran from the Mythological Period to the Achaemenid State.” State Research, 19, 5(2019), 81–106. (in Persian).
Allah-Badashti, Ali. The God of Salafism: An Examination of Salafi Views on Monotheism and Their Critique in Light of the Qur’an, Sunnah, and Evidence. Tehran: Taha Book, 2014. (in Persian).
Al-Mallah, Hashim Yahya. The Government System of the Prophet Muhammad: A Comparative Study in Constitutional Law. UK: University of St Andrews, 1972. (In English)
Arjomand, Amir Saeid. “The Constitution of Medina: A Socio-Legal Interpretation of Muhammad’s Acts in the Foundation of the Umma.” International Journal of Middle East Studies, 41, 4(2008), 555–575. (in Persian).
Arnold, J. L. “Soteriology Notes: Studies in the Doctrine of Christian Salvation.” IIIM Magazine Online, 4, 31(2002), 20–27. (In English)
Bamyeh, Mohammed. The Social Origins of Islam. First ed. Minneapolis: University of Minnesota Press, 1999. (In English)
Byrne, Joseph. Some Basic Definitions in Scholastic Philosophy. Helena, Montana: Carroll College, 1951. (In English)
Cho, Jung Nyun Kim. “The Islamic Worldview in Its Formative Period.” Muslim-Christian Encounter, 3, 2(2010), 117–138. (In English)
Donner, Fred M. Muhammad and the Caliphate: Political History of the Islamic Empire up to the Mongol Conquest. In The Oxford History of Islam. Oxford: Oxford University Press, 2004. (In English)
Firahi, Davood. Power, Knowledge, and Legitimacy in Islam. Tehran: Ney Publications, 2010. (in Persian).
Ibrahim, Mahmood. “Social and Economic Conditions in Pre-Islamic Mecca.” International Journal of Middle East Studies, 14, 3(1982), 343–358. (In English)
Jafarian, Rasoul. Political History of Islam. Tehran: Darilma Publications, 2002. (in Persian).
Kalkan, N. and M. Nar. “The Concept of Islamic State through Prophet Muhammad’s Political Experience.” Uluslararası Medeniyet Çalışmaları Dergisi, 5, 2(2020), 182–198. (In English)
Kreitzer, L. “Apotheosis of the Roman Emperor.” The Biblical Archaeologist, 53, 4(1990), 211–217. DOI: 10.2307/3210166. (In English)
Montazerolghaem, Asghar. The Formation of the Islamic Caliphate. Tehran: Tarikh-Pazhoohan Publications, 2005. (in Persian).
Navabzadeh, Z. and A. Amini. “To Review and Analyze Thoughts and Political Ideas of Muhammad Abduh and Ali Abd al-Raziq.” Journal of Politics and Law, 9(2016), 163. (In English)
Pascoe, Daniel. “Is Diya a Form of Clemency?” Boston University International Law Journal, 34, 1(2015), 149–179. (In English)
Qaderi, Hatem. The Transformation of the Foundations of Caliphal Legitimacy: From the Beginning to the Collapse of the Abbasids, with Reference to Sunni Perspectives. Tehran: Bonyan Publications, 1995. (in Persian).
Robinson, Chase F. “The Rise of Islam, 600–705.” In The New Cambridge History of Islam, 173–225. Cambridge: Cambridge University Press, 2010. (In English)
Shariatmadari, Hamidreza. Secularism in the Arab World and Islamic Government. Tehran: Center for Religious and Sectarian Studies and Research, 2000. (in Persian).
Watt, W. M. Muhammad at Mecca. Oxford: Clarendon Press, 1972. Available at: https://books.google.com/books?id=L4fWAAAAMAAJ/. (In English)