150 Administration o f Justice. glory o f heaven, impressing the mind o f the Mohammedan with tha t grand fundamental principle o f Islaemism, the unity o f God. T h e people o f this empire being born subjects o f an arbitrary despot, they may be said to have no established laws; the y know no other than the w ill o f the prince, which is called (Shra ellMukkuzzen) military law, or (Amer Seedna) our Lord’s decree ; and i f this slmuld deviate, as it sometimes does, from the moral principles laid down in the Koran, it must nevertheless be obeyed ; for no appeal can be admitted against Amer Seedna, unless his Imperial Majesty should discover an error in ju d g ment, in which case he, and he alone, can alter the decree. Where the Emperor resides, he administers justice, in person, generally twice, and sometimes four times a week, in the (M’shoire) place o f audience, whither all complaints are carried :* here access is easy ; he listens to e v e ry one, foreigners or subjects, men or women, rich or poor ; there is no distinction, eve ry one has a right to appear before him, and b o ld ly to explain the nature o f his case; and although his person is considered as sacred, and established custom obliges the subject to prostrate himself, and to pay him rather adoration than respect, y e t eve ry complainant may tell his story without the least hesitation or timidity ; indeed, i f any one is abashed, or appears diffident, his cause is weakened in proportion. Judgment is always prompt, decisive, plausible, and generally correct. C iv il law is administered b y the (C ad i’s) judges, who have attached to their court several (Lokiels) attornie s; some o f * It is customary here, as in the East, for every person to accompany his complaint with (el H e d d i a ) a present suited to his conditmn; and g M j g aPPeat Without something, as it would be not only contrary to the estabhshed usages, hut highly disrespectful| even such a tride as three or more eggs is accepted. Administration o f Justice.. 151 whom manage c iv il controversies, others mwdemeanots, ami others matters relating to religion, These controversies are decided b y the laws o f the Koran, tha which, and the commentaries thereon, they have n oo the r wr.tt law. When two persons are engaged in a law-suit, t ey re their respective attornies; i f they cannot settle the dispute they go to the Cadi, who generally sets on the ground at the gate o f his house, where any one may be piesent. disputants stand before him, surrounded by their respecti friends; the plaintiff speaks first, the defendant replies : W these law-suits the respective claims o f the suitors gated. T h e Arabs (however ignorant th e y may be in othei rej e c t s ) defend themselves, whether right or wrong, so long.as they have hope o f gain, or fear o f lo s s ; b u t their well laid plans to conceal the truth, and elude the purposes o f justice, are often exposed and rendered abortive b y the penetrating sagacity with which their pretensions are investigated b y the Cadi. T h e Cadi takes the evidence o f the witnesses, and pronounces sentence, which is sometimes without appeal. T h e culp rit is t en taken into custody till he has satisfied the law ; but in cases where he is entitled to an appeal, it is made to the Emperor, who takes the opinion o f the (L ’Alemma) learned, and decides the controversy b y pronouncing judgment. I f the crime be punishable b y death, the sentence is either executed, or the criminal is delivered over to the aggrieved, and may then purchase o f him his life, b y money or contrition. ' _ In places remote from the Emperor’s court, the (K a lif) vice- regent, or bashaw, has his M’shoire, where he administers ju s tice, sometimes according to the laws o f the Koran, and at others
27f 39
To see the actual publication please follow the link above