( *>IZ )
A Kazee rauft1
/poflefs the
qualifications
o f a witnefs.
H E D A T A .
B Q Q K XX.
9f the Duties of the K A Z E E .
Chap.. I. Introduflory.
Chap. II. O f Letters from one Kazee to another. -
Chap. III. O f Arbitration.
Chap. IV. O f the Decrees of a Kazee relative to inheritance.
C H A P . I.
THE authority o f a Kazee is not valid, unlefs he poflefs the qualifications
rieceflary to a witnefs ; that is, unlefs he be free, fane,
adult, a MuJJuhnan, and unconvifted of {lander; becaufe the rules with
refpeft to jurifdiftion are taken from thofe with refpeft to evidence,,
fince both are analogous to authority; for authority fignifies the pajf-
ing or giving effeft to a fentence or fpeech affefting another, either with
or without his c o n fen tand evidence and jurifdiftion are both o f this
nature.
C h a f . I. D U T I E S O F T H E K A Z E E . 6i3
nature.— (The rules with refpeft to jurifdiftion are here faid to be
H taken from thofe with refpeft to evidence,” becaufe, as the fentence
of the Kazee is in conformity with the teftimony of the witnefs, it
follows that the evidence is, as it were, the principal, and the decree
of the Kdzee the confequent.')— As therefore, jurifdiftion, like evidence,
is analogous to authority, it follows that whoever pofiefies competency
to be a witnefs is alfo competent to be a Kazee-, and alfo, that the
qualifications requifite to a witnefs are in the fame manner requifite to
a Kazee_and likewife, that an unjuft* man is qualified to be a Kdzee;
whence if fuels aperfon be created a Kdzee, it is valid, but ftill it is
not advifeable-, in the fame manner as holds with refpeft to evidence;
_that is, if a Kdzee accept the evidence of an unjuft man, it is valid,
in the opinion of all our doftors ; but ftill it is not advifeable to admit
the teftimony of fuch a perfon, fince an unjuft man is not de-
ferving of credit.
I f a Kdzee be a juft man at the time of his appointment, and after- He not
wards, by taking of bribes, prove himfelf an unjuft man, he does not J™fen
by fuch conduft become difeharged from his office,— but he is, never- conduit,
thelefs, deferving of a difmiflion.—This is the doftrine of the Zdhir
Rawdyet-, and it has been adopted by modern lawyers.— Shafei maintains
that an unjuft man is incapable of the office of Kdzee, in the fame
manner as (in his opinion) he is incompetent to give evidence.— It is
related in the Nawadir, as an opinion of our three doftors, that an
unjuft man is incapable of difeharging the duties of a Kdzee.— -Some
of the moderns have alfo given it as their opinion that the appointment
of a man originally unjuft, to the office of Kdzee, is valid; but that
if, having been juft at the time of his appointment, he afterwards be-
'*• Arab. Fafik.-—In fome inltances the term applies merely to a perfon of loofe cha-
rafter and indecorous behaviour. (See Vol. I. p. 74..) In the prefent inftance, however,
the character alfo includes wabt of in te g r ity , as appears a little lower down.
come