We’ve already covered here the fact that the Arab Royal laws of succession are different than the European in many ways, specially by a fundamental point: the principle of primogeniture.
Primogeniture (English: /praɪməˈdʒɛnɪtʃər/) is the right, by law or custom, of the paternally acknowledged, firstborn son to inherit his parent’s entire or main estate, in preference to daughters, elder illegitimate sons, younger sons and collateral relatives. The son of a deceased elder brother inherits before a living younger brother by right of substitution for the deceased heir. In the absence of any children, brothers succeed, individually, to the inheritance by seniority of age (subject to substitution). Among siblings, sons inherit before daughters. In the absence of male descendants in the male-line, there are variations of primogeniture which allocate the inheritance to a daughter or a brother or, in the absence of either, to another collateral relative, in a specified order (e.g. male-preference primogeniture, Salic primogeniture, semi-Salic primogeniture). https://en.wikipedia.org/wiki/Primogeniture
That was never accepted in the Arab monarchies until very recently.
“Middle Eastern monarchical systems have established various methods of choosing which among the eligible princes will rule.” (Michael Herb, All in the family: absolutism, revolution, and democracy in the Middle Eastern Monarchies, p. 27)
According to one the foremost scholars in Middle eastern history and Professor Emeritus of Princeton University, USA, Professor Bernard Lewis:
“… the dynastic principle and the practice of hereditary succession remained powerful, deep-rooted, and virtually universal in the Islamic Middle East. Even in the nomadic tribes, the shaikh is normally chosen from among the members of one family, who have a recognized hereditary claim to the headship of the tribe and very often to the custody of some sacred place or object—the palladium or ark of the covenant, so to speak. Similar practices may be observed also among Iranian and Turkic nomads. The principle of primogeniture—of succession from father to eldest son in the direct—is a European idea. It was not accepted among the ancient Arabs, and it never took root in the great Muslim dynastic empires. Descent in the male line from the founding and the ruling families was the sole requirement. The most usual practice was for the ruler to designate his successor, choosing whichever of his uncles, brothers, nephews, or sons might be the most suitable. Sometimes the ruler might designate more than one in line, though this was neither usual nor required.” From Babel to Dragomans: Interpreting the Middle East, By Bernard Lewis, Oxford 2004, p. 96
Since the time of the ancient Arab tribes, we see a system called “rotation”. Usually, the heir to the throne was selected from among the King’s male descendants for his qualities, such as: physical force, nobility (if the prince was descended from another Royal line from his mother, it would make him more fit for the throne: even the King’s direct sons could come from different mothers) and also the most intelligent and popular prince among the people.
In succession based on “rotation”, all (male) members of the dynasty are entitled to the monarchy.
“In Europe, where dynasties flourished, succession was once determined by a show of strength among a ruler’s sons. In time, however, it reverted to primogeniture, in which a ruler’s oldest male descendant acceded to the throne. For a variety of reasons, chiefly because of religious and tribal traditions, Primogeniture has not developed among Arabian dynasties in quite the same way, because under Shariah law, all sons of a man are equal and legitimate, even if they were born from illegitimate marriages. Moreover, in pre-Islamic tribal norms, while the throne could have passed from one generation to the next within a particular family, it was not necessarily passed from father to son. Rather the authority also fell to a ruler’s brother, uncle, or cousin, depending on which of these oldest male relatives was seen to possess ‘ the qualities of nobility; skill in arbitration; hazz or ‘good fortune’; and leadership ’ “. (Joseph A. Kechichian, “Succession in Saudi Arabia”, 2001, p.10)
“No firm principle specified which member of the ruling family had the right to rule.” (Michael Herb, All in the family: absolutism, revolution, and democracy in the Middle Eastern Monarchies, p. 22)
The same principle was not only limited to the Arab Dynasties, but also the great majority in the Middle East.
“In the Ottoman Empire after 1617 the eldest living male of the dynasty succeeded, though this was not formalized legally.” (Alderson, “The Structure of the Ottoman Dynasty“, 12-13. J.C. Hurewitz reviews succession across the Middle Eastern empires in “Middle East politics: the military dimension”, 18-27)
Again, that’s a common pattern for all the Middle East.
“In vain would it be to establish here the succession of the eldest son; the Prince [King] might always choose another as every Prince of the royal family has an equal capacity to be chosen, hence it follows that the Prince who ascends the throne strangles immediately his brothers [once they all compete equally for the succession], as in Turkey; or put out their eyes, as in Persia; or bereaves them of their understanding as in the Mogul’s country,” (Nathan J. Brown, Constitutions in a nonconstitutional world: Arab basic laws, p.12 citing Charles de Secondat, Baron de Montesquieu (1748), The Spirit of Laws, Book V)
“In Arabia [Arabic monarchies], all males within the ruling sublineages of the families have a theoretic right to the rulership. In practice, the succession generally goes to those whose fathers ruled (though not necessarily to the sons of the most recent ruler). These general guidelines leave a large number of shayks [Sheikhs] and princes eligible, especially if, as in Saudi Arabia or Kuwait [as in Ghassan], the succession has moved laterally to brothers and cousins instead of directly to the ruler’s sons.” (Michael Herb, All in the family: absolutism, revolution, and democracy in the Middle Eastern Monarchies, p. 26, 27)
Even today, the only country to adopt legally the principle of primogeniture is the Kingdom o Bahrain.
“Alone among the Gulf ruling families, the Al Khalifa pass the succession according to a fixed rule. The constitution specifies that the eldest son of the ruler shall succeed him.” (Michael Herb, All in the family: absolutism, revolution, and democracy in the Middle Eastern Monarchies, p. 132)
But even in Bahrain, the Constitution says that:
“… the Amir (ruler), during his lifetime, can appoint a different son as Crown Prince [successor]” (Section 1, Article 1).
That’s in perfect harmony with the standards of the Arab monarchies.
For a better understanding, we also recommend the following articles:
- The Middle Eastern Laws of Succession
- The Laws of Succession of the Ghassanids
- The Sheikhs El Chemor, a legal study of titles
- Understanding the Royal Ghassanid Family tree
- The El Chemor/Gharios Family vis-à-vis with international law
- The Ghassanid Imperial titles