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
The fees, until lately, used to be paid by the successful party; but now
they are paid by the other party. The Kádee’s fees for decisions in
cases respecting the sale of property are two per cent. on the amount of
the property: in cases of legacies, four per cent., excepting when the
heir is an orphan not of age, who pays only two per cent.: for decisions
respecting property in houses or land, when the cost of the property in
question is known, his fees are two per cent.; but when the cost is not
known, one year’s rent. These are the legitimate fees; but more than the
due amount is often exacted. In cases which do not concern property, the
Kádee’s Náïb fixes the amount of the fees. There are also other fees
than those of the Kádee to be paid after the decision of the case: for
instance, if the Kádee’s fees be two or three hundred piasters, a fee of
about two piasters must be paid to the Básh Turgumán; about the same to
the Básh Rusul; and one piaster to the Rasool, or to each Rasool
employed.
The rank of a plaintiff or defendant, or a bribe from either, often
influences the decision of the judge. In general the Náïb and Muftee
take bribes, and the Kádee receives from his Náïb. On some occasions,
particularly in long litigations, bribes are given by each party, and
the decision is awarded in favour of him who pays highest. This
frequently happens in difficult law-suits; and even in cases respecting
which the law is perfectly clear, strict justice is not always
administered; bribes and false testimony being employed by one of the
parties. The shocking extent to which the practices of bribery and
suborning false witnesses are carried in Muslim courts of law, and among
them in the tribunal of the Kádee of Cairo, may be scarcely credited on
the bare assertion of the fact: some strong proof, resting on
indubitable authority, may be demanded; and here I shall give such
proof, in a summary of a case which was tried not long since, and which
was related to me by the Secretary and Imám of the Sheykh El-Mahdee, who
was then supreme Muftee of Cairo (being the chief Muftee of the
Hanafees), and to whom this case was referred after judgment in the
Kádee’s court.
Public-domain text, read in full here on John Shaqi.
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