Book-bot.com - read famous books online for free

Mohammedanism - Lectures on Its Origin, Its Religious and Political Growth, - and Its Present State by C. Snouck Hurgronje
page 69 of 120 (57%)
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
DigitalOcean Referral Badge