* * D U T I E S O F Book XX.
tome unjuft, he ftands difcharged from his office ; becaufe, as the
Sultan appointed him from a confidence in his integrity, it is to be
prefumed that he will not acquiefce in his difcharge o f the duty
•without integrity.
muflfb^per- A <lyESTION has arifen, whether an unjuft man be capable of
fon o f good being a Mooftee* ; and on this fubjed different opinions have been
cb a ra a e r . given.— Some have faid that he is incapable of being a Mooftee, becaufe
the giving of a Fitwa (or ftatement of the law applicable to any
cafe) is connected with religion, and the word of an unjuft man is not
creditable in matters relative to religion.— Others again have faid, that
an unjuft man is capable of being a Mooftee, becaufe of the probability
that he will toil and labour in the difcharge o f his duty, left the people
charge him with his faults. The former, however, is the better opinion.—
Some have eftablifhed it as a condition, that a Kdzee be a Moqj-
tahid t : the more approved dodrine is, however, that this is merely
preferable, but not indifpenfable.
An ignorant T he appointment o f an ignorant man to the office o f Kazeeis
b e appointed va^> according to our do&ors.— Shafei maintains that it is not valid;
for he argues that fuch appointment fuppofes a capability of iffuin»
decrees, and of deciding between right and wrong; and thefe ads
* Anlgia, an expounde r o f the l a w .— A s th e o ffice s o f Kdzee and Mooftee a re fre q
u e n t ly con founded b y Eu rope ari w r i te r s , it m a y n o t b e im prop er to rem ark, in this r l * ~ ,
th a t th e w o rd Kdzee ( o r Cadt) is derived from Kdza, C g n ify in g jurifditlim, and Mooftee
from Fitwa, m e an in g an application o r Jiatement o f the LAW — T h e Mooftee, the refore,
i s th e o ffic e r w h o expounds and applies the law to cafe s, and the Kaz.ee th e o ffic e r w h o g iv e s
i t o p era tio n and effe£L
+ Moojtahid is th e h jgh e ft degree to w h ich th e lea rn ed ip the law can atta in, and
w a s fo rm e r ly con ferred b y th e Madrifas, ( o r c o l le g e s ) ; o f w h ich one o f th e ( lift in -
ftances o c cu r s in the life o f Hanetfa, w h om all the learned a c k n ow le d g e a s the ir fuperior.
cannot
cannot be performed without knowledge.— Our doctors, on the other-
hand, argue that a Kdzee's bufinefs may be to pafs decrees merely on
the opinions of others.— The objed of his appointment, moreover,
is to render to every fubjed his juft rights; and this objed is accom-
plifhed by paffing decrees on the opinions of others.
It is the duty
o f the fove-
reign to appoint
fit per-
ibns to that
office.
I t is incumbent on the Sultan to feledt for the office of Kdzee a
perfon who is capable of difcharging the duties of it, and paffing decrees
; and who is alfo in a fuperlative degree juft and virtuous; for
the prophet has faid, “ Whoever appoints a perfon to the difcharge o f
any office, vuhiljl there is another amongJl his fubjeils more qualified fo r
the fame than the perfon fo appointed, does furely commit an injury with
refpefl to the rights o f God, / ^ P r o p h e t , and //5p Mussulmans.”_It
is to bfeobferved that a Moojtahid means either a perfon who is in a hi^h
degree converfont with ’the Hadees or adions and traditional fayings
of the prophet, and 'who has alfb a knowledge of the application of
the law to cafes; o p one who has adeep knowledge of the application
of the law. to cafes, and alfo fome acquaintance with the Hadees.—
Some have faid that he ought alfb to have a knowledge of the cuftoms
of mankind, as many of the laws are founded upon them.
T here is no impropriety in feleding for the office of Kdzee a a perfon may
perfon who has a thorough confidence in his ability to difcharge the ^ aPP°i,1,ed
duties of i t ; becaufe the companions of the prophet accepted this ap- confidence in
pbintment; and alfo, becaufe the acceptance o f it is a duty incumbent brie“ * ” ab‘~
bn mankind.
"
I t is abominable to feled a perfon for the office o f Kdzee wtio but i
fufpedls that he is incapable of fulfilling the duties of it, and who is
not confident of being able to ad with a ftridt regard to juftice, becaufe
the feledion o f fuch a perfon is a caufe of the propagation of evil.,_
^several of our dodlors, however, have faid that the acceptance o f the
office of Kazee without compulfion is abominable, becaufe the prophet
has
whoisdubious
o f himfelf.