Algeria from withinBodley, R. V. C. (Ronald Victor Courtenay)
History
Algeria from within
Bodley, R. V. C. (Ronald Victor Courtenay)
Algeria -- Description and travel
A successful candidate will, however, first of all find himself
appointed to the post of _adel_, a kind of superior clerk in a
native lawyer’s office, and from that he can rise to _bash adel_,
or principal clerk. From the _bash adels_ are chosen the _kadis_.
The _kadis_ have many functions, which in England would combine
the duties of solicitor, official receiver, registrar, and judge,
without the latter’s power of awarding punishment.
All native cases of jurisdiction are first of all brought before the
_caïds_ and _aghas_ of the district. If they are crimes or cases
with which he can not deal by compromise, he either sends them on
to the Bureau Arabe or, if they are not criminal offenses, to the
_kadi_. People who require arbitration can, of course, go direct
to the _kadi_, but the nomad prefers the ruling of his _caïd_. The
most usual cases to come before the _kadi_ are those of inheritance,
lawsuits, sales of property, and family quarrels. He also marries
and divorces those who wish it.
His decision is final, and even in questions between great chiefs
they must either accept the _kadi’s_ ruling or else carry the
case before the French tribunals, which is a lengthy and expensive
procedure. In fact the _kadi_ is the decisive factor in all native
disputes, in all family matters, and in all cases which do not
actually incur definite punishment.
The _kadis_ themselves are usually charming people, cultivated,
courteous, and full of a quiet sense of humor gathered amidst the
comedies and tragedies of daily life which pass before them. Many
of them have a great deal of moral influence, and are instrumental
in bringing about reconciliations between foolish couples and
quarreling families.
There are also learned men, called _talebs_, in Mohammedan
centers. These natives teach the Koran in the schools and counsel
others who want advice in legal matters. They have also the important
function of writing and translating documents and letters for those
illiterate natives who require their services, whether it be in
French or in Arabic. On the same plane as the _kadi_, but without
the same official education, are found those of the second category,
mentioned above—the religious teachers.
First of all the _mufti_. The _muftis_ often have had a legal
education and are consulted on Mohammedan law before taking cases
before the _kadi_, in the same way as in England one goes to a
solicitor, but they are chiefly authorities on religious rites,
and they hold official positions at the mosques. Every Friday and
on feast days they preach and expound the Koran at the midday
and evening prayer. Their power has greatly diminished of late
but their knowledge of Mohammedan scripture is profound. In cases
where there is no _mufti_ the _kadi_ is regarded as the authority
on religious matters.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account