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CONSTITUTIONAL DEVELOPMENT

conquered peoples—were crushed to the ground beneath their burdens. Yet they could not sell their land and leave the country; there was no one to buy it. The Muslims would not, and their fellow-coreligionists could not, for with it went the land-tax.

Such was, in its essence, the constitution of Umar, forever famous in Muslim tradition. It stood for a short time, and could not have stood for a long time; but the cause of its overthrow was political and not social-economic. With the next Khalifa and the changes which came with him, it went, in great part, to the ground. The choice of Umar to the Khalifate had evidently been dictated by a consideration of his position as one of the earliest believers and as son-in-law of the Prophet. The party of Early Believers had thus succeeded twice in electing their candidate. But with the death of Umar in A.H. 23 (A.D. 644) the Meccan aristocratic party of the family of Umayya that had so long struggled against Muhammad and had only accepted Islam when their cause was hopelessly lost, had at last a chance. Umar left no directions as to his successor. He seems to have felt no certainty as to the man best fitted to take up the burden, and when his son sought to urge him to name a Khalifa, he is reported to have said, "If I appoint a Khalifa, Abu Bakr appointed a Khalifa; and if I leave the people without guidance, so did the Apostle of God." But there is also a story that after a vain attempt to persuade one of the Companions to permit himself to be nominated, he appointed an elective council of six to make the choice after his death under stringent conditions, which went all to wreck

UTHMAN

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through the pressure of circumstances. The Umayyads succeeded in carrying the election of Uthman, one of their family, an old man and also a son-in-law of Muhammad, who by rare luck for them was an Early Believer. After his election it was soon evident that he was going to rule as an Umayyad and not as a Muslim. For generations back in Mecca, as has already been said, there had been, according to tradition, a continual struggle for pre-eminence between the families of Umayya and of Hashim. In the victory of Muhammad and the election of the first two Khalifas, the house of Hashim had conquered, but it had been the constant labor of the conquerors to remove all tribal and family distinctions and frictions and to bring the whole body of the Arabs to regard one another as brother Muslims. Now, with a Khalifa of the house of Umayya, all that was swept away, and it was evident that Uthman—a pious, weak man., in the hands of his energetic kinsfolk—was drifting to a point where the state would not exist for the Muslims but for the Umayyads. His evil spirit was his cousin Marwan ibn al-Hakam, whom he had appointed as his secretary and who eventually became fourth Umayyad Khalifa. The father of this man, al-Hakam ibn al-As, accepted Islam at the last moment when Mecca was captured, and, thereafter, was banished by Muhammad for treachery. Not till the reign of Uthman was he permitted to return, and his son, born after the Hijra, was the most active assertor of Umayyad claims. Under steady family pressure, Uthman removed the governors of provinces who had suffered with Muhammad and fought in the