An account of the manners and customs of the modern EgyptiansLane, Edward William
History
An account of the manners and customs of the modern Egyptians
Lane, Edward William
Egypt -- Social life and customs
When a person has a suit to prefer at the Mahkem′eh against another
individual or party, he goes thither, and applies to the “Básh Rusul”
(or chief of the bailiffs or sergeants who execute arrests) for a
“Rasool” to arrest the accused. The Rasool receives a piaster or
two,[214] and generally gives half of this fee privately to his chief.
The plaintiff and defendant then present themselves in the great hall of
the Mahkem′eh, which is a large saloon, facing a spacious court, and
having an open front formed by a row of columns and arches. Here are
seated several officers called “Sháhids,” whose business is to hear and
write the statements of the cases to be submitted to judgment, and who
are under the authority of the “Básh Kátib” (or Chief Secretary). The
plaintiff, addressing any one of the Sháhids whom he finds unoccupied,
states his case, and the Sháhid commits it to writing, and receives a
fee of a piaster or more; after which, if the case be of a trifling
nature, and the defendant acknowledge the justice of the suit, he (the
Sháhid) passes sentence; but otherwise he conducts the two parties
before the Náïb, who holds his court in an inner apartment. The Náïb,
having heard the case, desires the plaintiff to procure a “fetwa” (or
judicial decision) from the Muftee of the sect of the Hanafees, who
receives a fee, seldom less than ten piasters, and often more than a
hundred or two hundred. This is the course pursued in all cases but
those of a very trifling nature, which are settled with less trouble,
and those of great importance or intricacy. A case of the latter kind is
tried in the private apartment of the Kádee, before the Kádee himself,
the Náïb, and the Muftee of the Hanafees, who is summoned to hear it,
and to give his decision; and sometimes, in cases of very great
difficulty or moment, several of the ’Ulama of Cairo are, in like
manner, summoned. The Muftee hears the case and writes his sentence, and
the Kádee confirms his judgment, and stamps the paper with his seal,
which is all that he has to do in any case. The accused may clear
himself by his oath when the plaintiff has not witnesses to produce:
placing his right hand on a copy of the Kur-án, which is held out to
him, he says, “By God, the Great!” three times, adding, “By what is
contained in this of the word of God!” The witnesses must be men of good
repute, or asserted to be such, and not interested in the cause: in
every case at least two witnesses are requisite[215] (or one man and two
women); and each of these must be attested to be a person of probity by
two others. An infidel cannot bear witness against a Muslim in a case
involving capital or other heavy punishment; and evidence in favour of a
son or grandson, or of a father or grandfather, is not received; nor is
the testimony of slaves; neither can a master testify in favour of his
slave.
Public-domain text, read in full here on John Shaqi.
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