Boyle J.A. The Cambridge History of Iran, Volume 5: The Saljuq and Mongol Periods

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INTERNAL

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qadis vis-a-vis the sultan was to some extent analogous with

that

the caliph

vis-a-vis

the sultan: the immediate source of their power was

the sultan, who exercised constituent authority, but their functional

authority was derived from the shari'a and the Prophet—hence the

reference to them as the "heirs of the Prophet". But whereas the caliph

under the new arrangement exercised only spiritual authority, the

qadis were incorporated into the political institution.

Once

a qadi was appointed, it was theoretically incumbent upon

government

officials

to execute his decrees, which were not subject to

review,

though in cases of injustice an appeal could in theory be made

to the mazalim court. The freedom of action of the qadi was limited in

practice, first because he had to

rely

on the

officials

the dargah (or, in the

provinces,

on the muqta') to execute his decrees; and secondly because he

was

subject to dismissal by the sultan, or by those to whom the sultan

had delegated authority in the provinces.

With

their incorporation into the administrative hierarchy, the

qadi and other

officials

of the religious institution, such as the khatib

and muhtasib, received salaries and allowances as other

officials

did.

Nizam

al-Mulk, writing on the position of the qadis states:

He (the sultan) must know the condition of each one of the qadis of the

kingdom individually. Whoever of them is more learned, more abstemious,

more honest

(kutdh-dasttar),

he shall keep in

office,

but whoever is not he shall

be dismissed and replaced by someone more worthy. He shall allocate to each

one of them a salary

(mushdhird)

sufficient for his livelihood so

that

will

have no need to commit embezzlement. This is an important and delicate

affair

because the qadis are empowered over the

lives

and possessions of the

Muslims.

If they issue a decree in ignorance, greed, or with deliberate intent,

give

a written judgement, it

will

be incumbent upon other judges

(hdkimdn)

to execute

that

evil

decree while making it known to the sultan so

that

he may dismiss and punish

that

person. The

officials

must support the

qadi and preserve his prestige. If anyone behaves proudly and does not

appear at the [qadi's] summons, he shall be made to appear by force and

compulsion even though he is a man of standing

{muhtasham).

The

documents of the day also recognize

that

the

office

of qadi

was

intimately connected with the well-being and interests of the

population. He was in fact often their spokesman, and in times of

disorder it was not unknown for him to organize the administration and

defence of a city. Usually, moreover, he was a local man, and there was

a strong hereditary tendency in the

office.

The

chief

qadi of a town or

Siydsat-Ndma,

p. 38.

270

INTERNAL

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district, who was called the qadi

al-quddt,

was appointed by the sultan,

unless he lived in an area alienated from the ruler's direct control, in

which

case he was probably appointed by the provincial governor or the

muqta

. He usually had power to appoint deputies in the area

under

him.

In his deed of appointment he was designated as the qadi of such and

such a

place.

This was also the case with diplomas issued for mustauf

is,

mushrifs, 'amils, and other

officials,

who were appointed over specified

areas; but whereas they were simply the representatives of the divan-i

la in the area, the qadis, although appointed by the sultan, exercised

their authority both as the "heirs of the Prophet", and as the qadis of a

particular area, which gave them a certain independence vis-d-vis the

central government.

The

main duty of the qadi

under

the Saljuqs was probably to watch

over

the religious institution on behalf of the sultan, especially with a

view

to preventing unorthodox opinions. Usually, though not in-

variably,

the qadi was also

entrusted

with the supervision of mosques

and of the officials of the religious institution, notably the muhtasib, in

the area to which he was appointed. His oversight of the mosques

sometimes included power to nominate the imams, who led the prayers,

and the khatib, who read the khutba in the Friday mosque. In the

chief

cities

the empire, however, the latter was frequently nominated by the

sultan; and in Marv the

office

was held by a Shafi'i.

It was not un-

common

for the

office

of khatib to be held by a qadi.

With

regard to the administration and supervision of auqaf

there

was

considerable variety

practice.

If no

mutavalli

(administrator) had been

appointed by the founder, the qadi administered the vaqf directly; if,

however,

there

was a mutavalli,

then

the qadi merely exercised general

supervision over its administration. The qadi frequently taught in the

local

madrasa, and in some cases held the

office

of mudarris. Often, too,

he was a

mufti

and issued

fatwds

(decrees) on theological and juridical

matters. Sometimes he also presided over the mazalim court, as stated

above.

Lastly the qadis were often used by the sultanas

envoys.

This was

perhaps partly because of the respect in which they were held by the

local

population; and partly because it was the policy of the Saljuqs to

incorporate the religious hierarchy into the administrative hierarchy.

Alp-Arslan

appears to have had a

chief

qadi of the empire: qddi-yi

jumla-yi

mamdlik.

According to the document for his appointment,

dated Muharram 457/December 1064-January 1065, this

official

was

'Atabat

a/-Kataba,

p. 87.

271

INTERNAL

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EMPIRE

272

entrusted

with

the care

mosques and auqâf, and was instructed to hear

shar'i cases and to take good care of the documents

(wills,

contracts,

etc.) deposited with him. The great men of the kingdom, the tax

collectors,

rtfasâ,

and all the subjects were enjoined to consider him the

foremost qâdï of the empire (aqdâ

l-qudât

dar kull-i

vildydt).

With the

increased centralization of the administration in the

hands

of the

vizier

during the reign of

Malik-Shâh,

it is not unlikely

that

the

office

chief

qâdï of the empire

fell

into disuse. The

vizier

as head of the financial

administration exercised general supervision

over

auqâf, as stated above;

but his precise relationship to the

chief

qâdï, and to the provincial

qâdï

s—in

respect to the supervision of auqâf, as

well

as to the extent and

nature

of control held by the

dlvdn-i

auqdf-i

mamdlik

over provincial

auqâf—is not clear. In some cases the auqâf of a particular district were

expressly

placed outside the control of this divan.

It is possible

that

under

Sanjar the qddï-ji lashkar may have, to some extent, taken the

place

the

chief

qâdï of the empire. In a diploma for the qâdi-yi lashkar

issued by Sanjar's divan for the qâdï

al-quddt,

Majd al-Din, he was

entrusted

with the supervision of auqâf; and the amirs, army leaders,

and the sultan's entourage, Turk and non-Turk, were all instructed to

refer their shar'i cases to him. He was also enjoined to administer the

Hanafi rite.

While

the renewed association between the religious and the political

institution did in some

ways

strengthen the position of the qâdïs, it also

to some extent jeopardized their independence. Nizâm al-Mulk, in fact,

proposed

that

the sultan should appoint a god-fearing man in every town

to watch over and

give

information about the condition of the 'âmil,

the qâdï, the muhtasib, and the subjects in general.

The

muhtasib, who was

under

the general supervision

the qâdï was,

him, normally a member of the religious

classes ;

and through him

the sultan came into contact with his subjects in yet another way: by

exercising

control over the moral welfare

the townspeople. In general

the people in the towns were grouped according to their religious,

ethnical, and above all professional affinities, because only by grouping

themselves into corporations were they able to protect their

lives

and

goods,

and to buy intercessions and favours to relieve their lot. The

corporate organization of society, which was a marked feature of

Islamic society in Persia until modern times, was characteristic also of

See

Horst,

op.

cit.

pp.

147-8.

*Atabat

al-Kataba,

p. 33.

Ibid.

p. 59.

Siydsat-Ndma,

p. 43.

INTERNAL

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the Saljuq period. There is evidence of a spirit of corporate feeling

among the

inhabitants

of various cities, which sometimes manifested

itself

in rivalry between different towns and also in the ability of a town

to make a settlement with individual leaders without reference to the

central government or its

officials.

Thus when disorders were com-

mitted by the

'ayydr

in Baihaq after the death

Malik-Shah

5/1092,

a sayyid from a neighbouring village patrolled the city at night with

mounted men and footmen so

that

"no disorderly person or wrong-

doer should encroach upon the possessions of the Muslims or their

women".

Bodies

of 'ayyar were to be found in various cities, notably Baghdad

and Nishapur. These groups may have originated as an offshoot of

the

futuwwa

organizations. In the Qdbus-Ndma, where he discusses the

fifth/eleventh-century Persian conception of

javdnmardi

futuwwa

(chivalry),

Kai

Ka'us

ranks soldiers

(sipdbiydri),

'ayydrdn,

and the people

the bazaar as the fourth and last group of those possessing this

quality.

The other

three

were first

Sufis,

secondly wise men, prophets,

and saints, and lastly "spiritual" men and apostles.

From his de-

scription it seems possible

that

the futuwwa organizations were dividing

along

two lines, those who fulfilled their self-imposed duties in an

active

sphere, and those who interpreted jihad as applying to the

inward and spiritual struggle against the temptations of the world.

Kai

Ka'us states: "The most perfect soldier is like the most perfect

'ayydr,

but generosity, hospitality, liberality, gratitude, and probity

should be greater in a soldier, and he should be more heavily armed;

and while [to prefer] his own loss and the benefit of

friend, obedience,

and humility are a virtue in a soldier, they are a fault in an

(

ayydr."

Ibn al-Jauzi (d.

97/1200-1),

writing

rather

later, also identifies the

'ayyar

with those who belong to the futuwwa organization. He states:

Amongst

those persons who have been made captive by the misrepresenta-

tions of Satan are the

'ayydr;

and this body, who are called

fitydn,

take the

people's

goods,

and say "a

fata,

is one who does not commit fornication nor

lie,

and strives to preserve the honour and reputation of women, and does

not violate their privacy. In spite of this, they do not

restrain

themselves

from

seizing people's property, not remembering

that

by their action they

oppress the people. They call their organisation

(tarlqa)

'futuwwa'"

It often

happens

that

one of them takes an oath, binding himself to the obligations

Ibn Funduq,

Tankb-i

baihaq,

ed. Ahmad Bahmanyar (Tehran, n.d.), pp. 274-5.

Ed. R.

Levy,

Gibb Memorial

Series,

141.

Qdbus-Ndma,

143,

taking the variant

%iyan-i

khud

sud-i

dust.

273

вен

INTERNAL

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EMPIRE

futuwwa,

and abstains from food and drink. Their garments are trousers

(sardwll)

with which they invest everyone who enters their organisation, in

the same way as the Sufis clothe the murid in a patched garment

(muraqqa'd).

The general tendency was for the 'ayyar to degenerate into bands of

robbers. Already before Saljuq times they had been a frequent source of

trouble to the Samanid administration in

Khurasan; and

Ya'qub

Laith, the founder of the Saffarid dynasty, was himself an 'ayyar. By

Saljuq

times the 'ayyar were mostly undisciplined mobs who took up

arms, robbed and murdered the population, and spread

terror

among

them when opportunity offered.

The city was usually enclosed by a fortified

wall,

within which

there

was

frequently a citadel: the last refuge of the city's defenders in case

siege, and of government

officials

in case of revolt. The city was

divided into quarters, and in the large cities each

quarter

was self-

contained and sometimes enclosed within its own

walls,

having its own

mosque, bazaar for primary necessities, and public bath. Nasir-i

Khusrau mentions

that

all the streets and

quarters

of Isfahan had strong

bars and gates in 444/105 2.

Sometimes the

quarters

were separated

from one another by an occupational grouping. Factional and sectarian

strife and rivalry among different

quarters

were not uncommon,

especially

in Baghdad. Nishapur was also notorious for factional strife.

In 489/1096 riots took place

there

between the Karamiyya and other

sections of the people; many were killed, and the Shafi'is and Hanafis

prevailed in the end;

and after the

Ghuzz

captured Sanjar in

548/1153,

it is alleged

that

there

were riots in Nishapur every night in one

quarter

or another, because of religious differences and ancient hatreds.

Tus

appears to have been another town where lack of unity prevailed.

Ghazali,

too, complains of intrigues and envy among its inhabitants.

The

dhimmis

or members of the "protected" communities, i.e.

Christians, Jews, Sabeans, and Zoroastrians (only the first two were

found in any number), were segregated in their own quarters. They each

had their own organizations and took little

part

in the

life

of the

Muslim

community. They enjoyed freedom of religion and appointed

Naqdal-ilm

wal-ulamdyd

talbisi

Iblis(Cairo,

A.H.

1340),

421.

This

has

been

translated

Margoliouth,

under

the

title

"The

Devil's

Delusion",

Islamic

Culture

(1938).

See

further

Cahen,

Mowements

Populaires

Autonomisme

Urbain

dans

VAsie

Musulmane

Moyen

Age

(Leiden,

1959),

pp.

ff.

Safar-Ndma

92.

Ibn

al-Athir,

vol.

pp.

169,

171;

Ibn

Funduq,

pp.

268-9.

Ravandi,

182.

Fadd'il

al-andm,

53.

274

INTERNAL

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EMPIRE

their own religious

officials,

subject probably to the confirmation of the

sultan or his

officials.

They were subject to the payment

jivga (poll-

tax)

and to certain other limitations such as the wearing of distinguish-

ing

marks on their clothing; and they were debarred from bearing

arms. The Jews were probably largely occupied in

trade

and com-

merce.

There were Jewish and Christian communities in many of

the large cities of the empire, notably Baghdad and Nishapur. Benjamin

Tudela,

who travelled some years after the death of Sanjar, mentions

Jewish communities in, among other places, Hamadan, Isfahan,

Nihavand, and Shiraz.

the whole

there

appears to have been little discrimination against

the dhimmis, though from time to time

there

were outbreaks of feeling

against them. Ibn al-Athir relates an incident concerning a Jew called

Abu

Sa'd b. Samha, who lived in Baghdad in 484/1091 and was an

agent

{vakil)

for Malik-Shah and Nizam al-Mulk. After being struck by

a huckster in the street, he went with the shahna, Gauhar A'in, to the

sultan's camp, which was

then

in the neighbourhood, to complain of

the caliph's vizier, Abu Shuja*—presumably because he was considered

responsible for public order so far as it concerned the dhimmis in

Baghdad.

Meanwhile, a decree was issued by the caliph forcing the

dhimmis to wear distinguishing marks on their clothing, and they

began

to flee from Baghdad. But when Abu Sa'd and Gauhar A'in

reached the sultan's camp their demand for Abu Shuja°s dismissal from

the caliph's vizierate was accepted, and the caliph was forced to

comply.

It is clear from the fact

that

new orders for the dhimmis to

wear

special clothing were from time to time issued

that

these orders

were

not permanently enforced. A new order making it obligatory on

the dhimmis in Baghdad to wear distinguishing marks on their clothes

was

issued by Mahmud b. Muhammad in

515/1121-2.

The

most influential and respected section of the local population

was

that

composed of the religious classes, many of whom had a large

following

among the people. It was perhaps for this reason

that

they

were

frequently employed as envoys. Al-Muqtadi sent Abu Ishaq

Shirazi

on an embassy to Malik-Shah in 475/1083. In every town

through which he passed the people came out with their women and

children to welcome him, and sought to touch his

stirrups

and collect

the dust from his mule as a blessing; and in Saveh various guilds, such

as the bakers', fruiterers', confectioners', and others came out to present

Vol.

x, pp.

123-4.

275

18-2

INTERNAL

STRUCTURE

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276

offerings

of their respective

trades

and crafts. A vd'i^ (preacher) named

'Abbadi,

whom Sanjar sent to the caliph in

541/1166-7,

found great

acceptance in Baghdad. Mas'ud b. Muhammad and others came to hear

him preach, and "as for the common people, they abandoned their

occupations to be present at his assembly".

The

religious classes were organized into corporations; in the large

towns the Shafi'is and Hanafis (and any other rites

that

existed) each

had their own

ra'ts

or head, who sometimes received a diploma of

appointment from the sultan. Abu Sa'd

Abd

al-Karlm b. Muhammad

Mansur al-Sam'ani, who received a diploma from Sanjar's divan for

the

office

of ra'is of the Shafi'is of Marv and its environs, was also

appointed khatib of the Friday mosque and mutavalli of its auqaf, and

he was authorized to teach in the madrasas, including the Nizamiyya

madrasa, shrines

(mashdhid-i

khair\

and Friday mosque. The khatibs of

the neighbourhood and the mutavallis of the auqaf were instructed to

refer their affairs to him.

The

'Alids

also formed an important cor-

poration

under

their own naqib

who in some cases received a diploma

appointment from the sultan; and they were in some measure

removed

from the authority of other

officials.

In a diploma issued by

Sanjar's divan for Murtada

Jamal

al-Din

Abu'l

Hasan

'Alavi,

for the

office

of naqib of the sayyids of Gurgan, Dihistan, Astarabad, and the

neighbourhood, which

office

he held by hereditary right, he was

enjoined to

treat

the sayyids with respect according to the degree of

their learning

(film)

and piety (fafdf), and to

transmit

to them their

livelihood

from

the customary

sources.

was

to strengthen the righteous

and punish the wicked, to investigate carefully their genealogies,

and to expel anyone who falsely claimed to be a sayyid. All the

sayyids

of Gurgan and Dihistan were to recognize him as their naqib,

to obey him, and refer their affairs to him. The divan officials and local

officials

were to respect him and to

entrust

to him the affairs of the

sayyids

without interfering therein.

It was not only the 'ulama of the religious institution who were held

in respect. The Sufis also enjoyed honour among all classes of the

people

and were organized in recognized orders and corporations. Some,

Abu Sa'id b.

Abi'l

Khair, who was visited on several occasions by

various

members

the Saljuq family, passed

lives

religious

devotion;

others used the garb of a Sufi to make a livelihood. Among such were

Ibn

al-Athir,

vol.

xi, p. 78.

'Atabat

al-kataba,

pp. 85-8.

Ibid.

pp. 63-4.

INTERNAL

STRUCTURE

OF THE SALJUQ EMPIRE

277

the guilds of story-tellers against whom Ibn al-Jauzi warned in The

Devil's

Delusion:

In our time the story-tellers act in a way which has no connection with

delusion, since it is an evident way of making the stories a source of

liveli-

hood and of getting gifts from tyrannical princes and obtaining the like from

the gatherers of unlawful imposts and earning money by [their stories] in

the provinces. Some of them go to the cemeteries where they dilate upon

affection

and parting with friends drawing

tears

from the women, but not

exhorting them to take warning.

The

more prominent merchants ranked among the "notables" of the

city,

while the smaller merchants ranked with the craft guilds in the

bazaars. The merchant community with the

sarrafs

(brokers) played an

important

part

in financing the operations of the state. Travelling,

exporting,

and wholesale merchants usually conducted their business in

caravanserais, which were situated on the outskirts

the town or in the

bazaar itself. According to Nasir-i Khusrau,

there

were

fifty

good

caravanserais in Isfahan in his day where the merchants congregated and

had rooms.

Monetary dealings were handled largely through the

sarrafs. Nasir-i Khusrau

reports

that

there

were 200 sarrafs in one of

the bazaars of Isfahan in 444/1052, which indicates the commercial

importance of Isfahan at

that

time.

The

bazaar was usually divided into a number of

suqs,

belonging to

the different craft

guilds,

most

which

had their own separate quarters.

However,

the craftsmen did not

live

in the bazaars; these were locked

and barred at night, as were the premises of the craftsmen within them.

Some

guilds, such as the brickmakers' and plasterers', were usually to

be found on the outskirts of the city. Trade was carried on daily except

on Fridays and religious holidays. Ghazali has a curious passage in the

Kimiyd al-sa

dda

on forbidden things

(munkirdt)

in a bazaar, which

gives

a glimpse of the

life

of the people. Among the items which should not

be sold he mentions

effigies

of animals for children at the holiday

id),

swords

and wooden shields for the Nau-Ruz (the festival of the vernal

equinox),

and clay pipes for Sada (the festival of the autumnal equinox).

These

things were not in themselves forbidden but they were a mani-

festation of Zoroastrian customs, which were contrary to the sharfa and

for

this reason unseemly.

Further,

excessive decoration of the bazaars,

making

much confectionery and extravagance on the occasion of the

Nau-Ruz

were not fitting: Nau-Ruz and Sada should be forgotten.

133.

The translation is Margoliouth's, in

Islamic

Culture

(1938),

p. 36.

Safar-Ndma,

p. 92.

Tehran,

1333/1964,

p. 407.

INTERNAL

STRUCTURE

OF THE SALJUQ EMPIRE

278

The

guilds had their own leaders. They were probably responsible,

not only for the maintenance of professional standards, but also for

allocating

among the members and then collecting the taxes and levies

that

were assessed on the guild in a lump sum. The sources tell us little

the actual membership of the guilds and their methods of work.

Ghazali

mentions three types of association which were customary but

in his

view

wrong. The first was the association of porters

(hammdldn)

and artisans (pishavardn), who made the pooling of their individual

earnings a condition of their association. The other two did not

specifically

concern the guilds but were,

rather,

trading associations.

The

first consisted of persons who pooled their capital and shared the

subsequent loss or gain; and the second was a partnership between two

parties, one of whom had standing, while the other put up the money

and traded in his

partner's

name, the profits being shared between

them.

As in later times, the bazaar was sometimes closed by way of

protest against injustice. Thus in

512/1118-19,

wnen one

°f the soldiers

Mengii-Bars, the shahna of Baghdad, broke into the house of a

newly

married couple, wounded the bridegroom, and raped his

wife,

the bazaars all closed in protest.

Public

morals and the due performance by Muslims of their religious

duties were under the general care of the muhtasib. He had to prevent,

for

example, prayer

that

was contrary to the legal rites, the breaking of

the fast of Ramadan, wine-drinking in public, the playing of illegal

musical

instruments, and unseemly behaviour in public. He was also

charged with overseeing what might be called public amenities. Thus

it was his duty to see

that

no house was raised above another belonging

to a Muslim so as to overlook the women's quarters;

that

no house had

projecting rain-spouts or open drainpipes to drench or befoul wayfarers

in the street; and

that

free passage in the streets was not impeded. He

was

not to allow slaves to be ill-treated, or animals overburdened. He

was

also to see

that

the dhimmis complied with the regulations imposed

upon them to distinguish them

from

Muslims.

The muhtasib's main task,

however,

was to oversee the markets and to prevent dishonest dealing

merchants and artisans, as

well

as to supervise the guilds and corpora-

tions. He was empowered to inflict summary punishment on offenders.

Nizam

al-Mulk states

that

a muhtasib should be appointed in every city

Kim (yd

al-scfdda,

p. 272.

For a general discussion of the

muhtasib^

duties, see R.

Levy,

The

Social

Structure

Islam

(Cambridge,

1957),

pp. 334 ff.

INTERNAL

STRUCTURE

OF THE SALJUQ EMPIRE

279

to oversee weights and prices, to watch over commercial transactions,

prevent fraud and the adulteration of goods, and "to enjoin what is

good

and forbid what is

evil".

If the sultan and his officials did not

support the muhtasib, " the poor would be in trouble and the people of

the bazaar would buy and sell as they liked, middle-men

(fadla-kbur)

would

become dominant, corruption would become open and the

shari'a without prestige".

In a diploma issued from Sanjar's divan for the muhtasib of Mazan-

daran,

Auhad al-Din, he is commanded to enjoin what is good and

forbid what is

evil;

to exert himself in the equalization and control of

weights

and measures

(tasviyat

va ta'dil-i

mavd^in

makd'zl)

that

fraud would be committed in buying and selling and the Muslims would

not be cheated or suffer loss; to ensure

that

the requirements of the

shari'a would be duly carried out in mosques and places

worship, and

that

the tmf

adhdhins

and other officials would perform their duties in the

proper way and at the stated times; to strive to suppress corrupt persons

and to prevent notorious conduct

them in public, the open commission

vice,

and any dealing in intoxicating drink in the neighbourhood of

mosques, burial places, and tombs.

Further,

the muhtasib must see

that

the dhimmis wear distinguishing clothing to mark their inferiority among

the Muslims; and he must prevent women mixing in assemblies of the

Udamd

{majlis-i

Him)

and listening to homilies

(mavd

(

i%).

Saljuq

documents not infrequently compare the sultan to a shepherd

and

state

that

the subjects were placed in his care as a

trust

from God.

In some measure his function as "the shepherd of his people" was

delegated to the qadi. In

part,

however, it was delegated to a local

official

known as the ra'is. This term, like various others, is used in a

variety of senses and not always with precision. In some instances, as

stated above, it is broadly synonymous with a provincial governor; it is

also used to designate the head of a religious corporation. But in its

most common use the term ra'is designated a local

official

representing

the local people

vis-a-vis

the government in general and the tax adminis-

tration

in particular. In the larger towns he was appointed by the

sultan or the muqta'. But he was not an

official

of the central or the

provincial

government, as were the 'amil, mustaufi, and mushrif, even

though they, too, were sometimes local men; normally he was one of

the leaders

local

society, for only a man

local

influence and standing

could

carry out his duties. Not only did he

stand

up for the interests of

Siyasat-Ndma,

41.

'Atabat

al-kataba,

pp, 82-3.