I f he appoint
a deputy, by
authority, he
cannot afterwards.
difmifs
hiim.
He mu ft maintain
and enforce
the
equal decrees
o f every other
Kazee,
His determination
in a
doubtful cafe
is valid, although
it be
repugnant to
cree being paffed in the prefence of the Kazee, or with his approbation,
and the aft being performed in the prefence of the agent,, or with
his approbation, the judgment and refleftion of the Kazee himfelf is.
therefore exercifed in the cafe of the decree paffed by his deputy,—
and the judgment and refle&iou of the agent in the cafe of the deed'
done by his agent,— which is what was required..
I f the Imam give authority to the Kâzee to appoint whomlbever
he pleafed his agent, the perfon whom he appoints becomes in that
cafe the. deputy of the. Sultan ; and the Kazee is not entitled to. difmifs..
him..
I t is.incumbent upon-, every Kâzee to maintain and enforce the-
decree of another unlefs fuch, decree be repugnant to the doctrine,
of the Koran, or of the Sonna, or of the opinions of our doftors
in other words, unlefs. it be a decilion unfupported by authority.—
It is related,, in the Jama Sagheer, that if a. Kâzee-pafs>.a decree in a,
matter concerning which different opinions have been, given j and be
afterwards fucceeded by another Kâzee of a diffèrent opinion, with re-
fpeft to that matter, the latter Kâzee muff neverthelefs. enforce the
decree fo made; for it is a rule that when a Kdzeepaffes a decree in
a doubtful cafe, the decree is executed accordingly ;, norisk permitted
to a fucceeding Kazee to refcind, it, becaufe although, the fucc.eeding
Kâzee be equal in point of judgment to his predeceflor,. ftill the judgment
of the predecellbr is in this inftance alio wed. a fuperiority, becaufe
of its having been, exèrcifed in paffing the decree; and therefore
it cannot be affefted by the judgment of his fucceflor, which ia,
deemed-inferior from its not having been, exercifed.
If a Kazee, in, a doubtful cafe,, determine contrary to,his,tenets,,
from having forgotten the principles of his left, fuch decree muff ne-
verthelefs be enforced, according to Haneefa.— If, on the contrary, he
pafs fuch decree knowingly, and not through forgetfulnefs,, there are
in;
in that cafe two opinions recorded.— According to one, the decree
mull be enforced in. that inftance alfo, becaufe the error in it is uncertain__
In the opinion of the two difciples the decree mull not be
enforced in either cafe; that is, whether the error be wilful, or proceed
from forgetfulnefs: and this is the approved expofition.— By a
dbubtful cafe is meant one in regard to which there is no particular
ordinance, either by the word of God, or by the prophet, and concerning
which, confequently, different opinions have been fupported
by the companions and their followers.— Where a great number, however,
have concurred, and only a few have differed, it is not conlidered
as a doubtful cafe.
E very thing of which the illegality is decreed by the Kazee from
apparent circumllances, that is to fay, from the tellimony of wit-
nefles, although in reality fuch tellimony be falfe, is neverthelefs ipfo
fa£lo unlawful.—* T his is according to Haneefa: and he is alfo of the
lame opinion where the Kdzee decrees the legality of a th in g ; provided,
however, that the claim of the plaintiff be founded on feme
determinate plea, fuch as purchafe, leafe, or marriage,—as if, for in-
llance, he Ihould claim a female Have by afferting that he had pur~
ehafed her.
T he Kdzee mull not pafs a decree againll an abfentee unlefs in the
prefence of his reprefentative.— Shafe'i maintains that it is lawful for
a Kdzee to pafs a decree againll an abfentee ; becaufe, upon the efta-
blilhment of proof by tellimony, the right in the judgment of the
Kdzee becomes evident.— T h e arguments of our doctors upon this
point are twofold.— F irst, the paffing of a decree on the tellimony of
witneffes is with a view to put an end to contention ; and as conten-
* F o r inftance, i f two people declare that there is a drop o f wine in a particular veftel
o f water, and the Kdzee in confequence decree it to be unlawful, it muft be confidered as
-fuch, although the falftty -of their declaration be afterwards proved,
4 M 2
the tenets of
his fed*
An article decreed
unlawful,
upon evidence,
continues
fo, although
the
evidence
prove falfe.
A decree cannot
be paffed
againll an abfentee
but in
prefence of
his reprefentative
:
tlOll