'File 61/11 V (D 95) Hejaz - Nejd, Miscellaneous' [‎142v] (301/530)

next day with equal piety and at even greater length. Both King and heir are
all for Islam in this correspondence, but its most interesting feature, in the present
connexion, is a passage near the end of the King's telegram, echoed in the Amir's
reply. It was, " People will perform the Baya to you in the Hejaz on Monday.
Your brother Feisal will accept the Baya on your behalf. He as well as the
members of the family will go to your side to convey to you the Baya of the people
of the Hejaz, and in order to perform the Baya with you on their own behalf."
5. All these proceedings and others of a minor nature which I have not
mentioned doubtless kept statesmen in Mecca very busy. It was not until the
18th May that the Ministry for Foreign Affairs addressed a communication to the
foreign representatives, which took the form of a third person note, forwarding
the text of the first communique. Before I had got off the congratulations
authorised in your telegram No. 62 of the 16th May, I received a further com
munication, a translation^) of which I enclose, together with a copy of my
reply.(') It may be of interest to add that the Soviet Minister was present at the
ceremonies in Mecca; and that my Dutch colleague, who rushed in with
congratulations on seeing the first communique in the press, received a reply in
which the Amir Saud spoke of his desire to devote himself to the interests of
Moslems and Arabs, but said nothing about foreign relations.
6. I have dealt somewhat minutely with certain legal aspects of the
designation of the heir apparent, not only because of their constitutional interest,
but also because there is a political side to the anxiety shown to commit the people
of the Hejaz to acceptance of the measure, independently of the steps which have
certainly been taken in Nejd to ensure the consent of theologians there and tribal
chiefs. Much erudition might be expended on the historical traditions which
have been followed. I will not trouble you with any long disquisition on a subject
for which my knowledge does not suffice, but it may be of interest to add short
notes on three questions, viz. :—
{a) Whether it is in accordance with the strictest Islamic doctrine that a
ruler should designate his heir during his lifetime;
{h) whether an heir, if selected, can properly receive Baya before the ruler-
ship falls vacant; and
{c) whether Baya is in its essence a religious act or even an act appropriate
only to a successor to the Caliphate or Imamate of Islam.
7. As regards {a), I understand that there is ample precedent for the
designation of a future heir, even though it be admitted that in pure theory his
accession must be ratified by some form of election or acceptance when it takes
place. Indeed, as you are aware, many Moslem dynasties have been and are
carried on in accordance with rules difficult to distinguish from rules of succession
of the kind common in Europe. I cannot resist the comment that, so far as I know,
the first well-authenticated designation of an heir, or at any rate of a relative as
heir, was when the Caliph Muawiya, that Muawiya who lifted his hand against
the Hashimites, provided for the succession of his son Yezid.
8. As regards (&), I believe that there are precedents for this also. I think
Mr. Philby told me, before he left, that there had been at least one in the history
of the House of Saud. However alien to our own conceptions it may be that fealty 1
should be sworn to one who remains a subject, this procedure has an undoubted
significance for Moslems, as the oath is binding from the moment it is taken and
entails strong sanctions, which may be summed up by saying that any subsequent
violation makes the violator an outlaw and the shedding of his blood lawful.
9. As regards (c), there is no doubt that, however much Islamic countries
may have adopted in practice European ideas of State organisation and
sovereignty, there is always an underlying theory that temporal power is in
principle the concomitant of a religious position. It is already suggested that in
the present case Ibn Saud aims at perpetuating a religious position, which in
Nejd counts for more than his kingship, and which is comparable to, though not
described as, a Caliphate. As against this, you will note that the present Baya
has express reference to the Kingdom of Saudi Arabia. Even the Imam of the
Wahhabis has to adapt himself to practical conditions, and what Ibn Saud has
done has been to endeavour to consolidate his regime in that kingdom, perhaps
( 1 ) Not printed.