has laid, £< Whoever is appointed Kdzee fuffers the fame torture with an
“ animal, whofe throat is mangled, injiead o f being cut by a Jharp
“ knife.” — Many of the companions, moreover, declined this appointment;
and Haneefa perfifted in refuling it, until the Sultan
caufed him to be beaten in order to enforce his acceptance of i t ; but
he fuffered with patience rather than accept the appointment. Many
others, in former times, have alfo declined this office.— Mohammed remained
thirty and odd days, or forty and odd days, in imprifonment,
and then accepted the appointment.— In faft, the acceptance of the
office of Kdzee, with an intention to maintain juftice, is approved, although
it be more laudable to decline i t ; becaufe it is a great undertaking,
and not with Handing a perfon may have accepted it from an
opinion that he ffiould have been able to maintain juftice, yet he may
have, erred in this opinion, and afterwards Hand in need of the affift-
aneeof others when fuch affiftance is-not to be had.— Hence it is moll
laudable to decline i t ;— unlefs, however, there be no other perfon
fo capable of difcharging the duties of it, in which cafe the acceptance
of it is an incumbent duty,' as it tends to preferve the rights of mankind,
and to purge the world of injuflice.
I t becomes Muffulmans neither to covet the appointment of Kdzee
in their hearts, nor to defire it with their tongues; becaufe the prophet
has faid, “ Whofoever feeks the appointment o f Kdzee Jhall be left
“ to himfelf; but to him who accepts it on compulfon, an angelJhall de-
“ fcend and give directions-," and alfo, becaufe whofoever defires this
appointment (hews a confidence in himfelf, which will preclude him
from inftrudtion; and whoever, on the other hand, puts his trull in
God, will be fecretly infpired with a knowledge of what is right in
the dilcharge of his office.
It is lawful to accept the office of Kdzee from a tyrannical Sultan*,
in the fame manner as from a juft Sultan-; becaufe lome of the eom-
* T h e term tyrannical, when applied to afovcreign, generally fignifies his being an ufurper.
panions
The appointment
mu ft
not be /elicited
or coveted.
panions accepted this office from Moavidh*, notwithftanding the right
of government during his time remained with Alee-, and alfo, becaufe
fome of the followers j- accepted it from Hijdj J, who was a tyrant.—
Hence the acceptance of the office of Kdzee from a tyrant is lawful;
_provided, however, the tyrant do not put it out of the power of the
Kdzee to render right to the people; for otherwife the acceptance of
it would not be lawful, as the end of the appointment could hot ithen
be anfwered.
W henever a perfon is appointed to the office of Kdzee, it is in- A Kaz.ee, on
cumbent on him to demand the Deiudn of the-former Kdzee.—By the ^ p“ j
Dewan is meant the bags in which the records and other papers'are
kept; for thofe muft be preferved to ferve as vouchers on future occa- cords,&c. ap-
fions.— Thefe bags, therefore, muft always remain in the hands of the hh office? ”
perfon poffefling the judicial authority; ahd as the judicial authority
refts, for the time being, with the perfon appointed to the office, he
muft: therefore require them from the Kdzee who has been difmifled—
It is to be obferved that the papers, in which fuch proceedings &c.
are written, muft neceflarily be the property either of the public trea-
fury, of the litigants, or of the difmifled Kdzee.— Still, however, in all
thefe cafes, the new-appointed Kdzee has a right to demand them from
the late one:— in the firjl cafe, evidently; and in the fecond, becaufe
the litigants left the faid papers in the hands of the late Kdzee, that he
* Moaviab, the fon o f A lee Sifuian. He bad been originally appointed, by Oibman, to
the government o f Sy r ia; and fufpedling Alee to be inftrumental to the death o f his patron
Othman, (who was fometime after flain'in an infurredtion) refufed to acknowledge him on
his being elected to fucceed Othman, and in the end obtained the Khalifat for himfelf, being
the firft K h a lif o f the houfe o f Ommiah, commonly termed the Ommiad Khalifs.
t Arab. Tabayeen.— A title given to thofe doctors, & c . who fucceeded the JJhab, or
companions o f the prophet.
J H ijd j B in Toofafal Sakifee.— He had been originally appointed Governor o f Arabian
Irak by'Abdamdlik, the 5th K h a lif of the houfe o f Ommiah, after, which he defeated Abdalla
bin Xabair, who had aflumed the title.
V O L . II. 4 k might