Mohammedanism - Lectures on Its Origin, Its Religious and Political Growth, - and Its Present State by C. Snouck Hurgronje
page 69 of 120 (57%)
page 69 of 120 (57%)
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of the authority of the _qâdhîs_. The laws of marriage, family, and
inheritance remained, however, their inalienable territory; and a number of other matters, in which too great a religious interest was involved to leave them to the caprice of the governors or to the customary law outside Islâm, were usually included. But as the _qâdhîs_ were appointed by the governors, they were obliged in the exercise of their office to give due consideration to the wishes of their constituents; and moreover they were often tainted by what was regarded in Mohammedan countries as inseparable from government employment: bribery. On this account, the canonists, although it was from their ranks that the officials of the _qâdhî_ court were to be drawn, considered no words too strong to express their contempt for the office of _qâdhî_. In handbooks of the Law of all times, the _qâdhîs "of our time"_ are represented as unscrupulous beings, whose unreliable judgments were chiefly dictated by their greed. Such an opinion would not have acquired full force, if it had not been ascribed to Mohammed; in fact, the Prophet, according to a tradition, had said that out of three _qâdhîs_ two are destined to Hell. Anecdotes of famous scholars who could not be prevailed upon by imprisonment or castigation to accept the office of _qâdhîs_ are innumerable. Those who succumbed to the temptation forfeited the respect of the circle to which they had belonged. I once witnessed a case of this kind, and the former friends of the _qâdhî_ did not spare him their bitter reproaches. He remarked that the judge, whose duty it was to maintain the divine law, verily held a noble office. They refuted this by saying that this defence was admissible only for earlier and better times, but not for "the _qâdhîs_ of our time." To which he cuttingly replied "And ye, are ye canonists of the better, the ancient time?" In truth, the students of sacred science are just as much "of our |
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