An account of the empire of Marocco, and the districts of Suse and Tafilelt; compiled from miscellaneous observations made during a long residence in, and various journies through, these countries. To which is added an account of shipwrecks on the western coast of Africa, and an interesting account of Timbuctoo, the great emporium of Central AfricaJackson, James Grey
History
An account of the empire of Marocco, and the districts of Suse and Tafilelt; compiled from miscellaneous observations made during a long residence in, and various journies through, these countries. To which is added an account of shipwrecks on the western coast of Africa, and an interesting account of Timbuctoo, the great emporium of Central Africa
Jackson, James Grey
Morocco
The people of this empire being born subjects of an arbitrary despot,
they may be said to have no established laws; they know no other
than the will of the prince, which is called (_Shra el Mukkuzzen_)
military law, or (_Amer Seedna_) our Lord’s decree; and if this
should 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 judgment, 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 of audience, whither
all complaints are carried:[139] here access is easy; he listens
to every one, foreigners or subjects, men or women, rich or poor;
there is no distinction, every one has a right to appear before him,
and boldly to explain the nature of 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,
yet every complainant may tell his story without the least hesitation
or timidity; indeed, if any one is abashed, or appears diffident,
his cause is weakened in proportion. Judgment is always prompt,
decisive, plausible, and generally correct.
Civil law is administered by the (Cadi’s) judges, who have attached
to their court several (Lokiels) attornies; some of whom manage civil
controversies, others misdemeanors, and others matters relating to
religion, marriages, divorces, &c. These controversies are decided
by the laws of the Koran, than which, and the commentaries thereon,
they have no other written law. When two persons are engaged in a
law-suit, they retain their respective attornies; if they cannot
settle the dispute, they go to the Cadi, who generally sets on the
ground at the gate of his house, where any one may be present. The two
disputants stand before him, surrounded by their respective friends;
the plaintiff speaks first, the defendant replies: in these law-suits
the respective claims of the suitors are investigated. The Arabs
(however ignorant they may be in other respects) defend themselves,
whether right or wrong, so long as they have hope of gain, or fear of
loss; but their well laid plans to conceal the truth, and elude the
purposes of justice, are often exposed and rendered abortive by the
penetrating sagacity with which their pretensions are investigated
by the Cadi. The Cadi takes the evidence of the witnesses, and
pronounces sentence, which is sometimes without appeal. The culprit
is then 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 of the (L’Alemma) learned, and decides the
controversy by pronouncing judgment. If the crime be punishable by
death, the sentence is either executed, or the criminal is delivered
Public-domain text, read in full here on John Shaqi.
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