Blackwood's Edinburgh Magazine, Volume 58, No. 362, December 1845Various
History
Blackwood's Edinburgh Magazine, Volume 58, No. 362, December 1845
Various
England -- Periodicals; Scotland -- Periodicals
In criminal cases, the administration of justice by the Moslem law
appears at all times to have been tempered by lenity; and the extreme
repugnance of the present sultan to sign death-warrants, even in cases
which in this country would be considered as amounting to wilful
murder, has rendered capital punishments extremely rare: while the
horrible death by impalement, and the amputation of the hand for
theft, have fallen into complete disuse. Offences are tried, in the
first instance, in the court of the Cazi-asker or grand judge of
Roumelia or Anatolia, according as the crime has been committed in
Europe or Asia: from this tribunal an appeal lies to the Supreme
Council of justice, the decisions of which require to be further
ratified by the Mufti. The _procès-verbal_ of two of the cases above
referred to, is given at length; in one of which the murderer escaped
condign punishment only because the extreme youth of the only
eye-witness, a slave, nine years old, prevented his testimony from
being received otherwise than as _circumstantial_ evidence:--in the
other, "it being essential to make a lasting and impressive public
example, it was resolved that the criminals should not be put to
death, but condemned to such ignominious public chastisement as might
serve during many years as a warning to others." The sentence in the
former case was ten, and in the latter, seven years' public labour in
heavy irons--a punishment of extreme severity, frequently terminating
in the death of the convict. Nafiz Bey, the principal offender in the
second of the above cases, did not survive his sentence more than
twenty months. "On examining a multitude of condemnations for crimes
of magnitude, the maximum average, when death was not awarded, was
seven years' hard labour in chains, and fine, for which the convict is
subsequently imprisoned as a simple debtor till the sum is paid. The
average punishment for theft, robbery, assault, and slightly wounding,
is three years' hard labour, with costs and damages. These sentences
(of which several examples are given) were referred, according to
established forms, from the local tribunals to the supreme council:
and before being carried into effect, were legalized by a _fethwa_
(decree) of the Sheikh-Islam, (Mufti,) and after that by the sultan's
warrant; a process affording a triple advantage to the accused, each
reference serving as an appeal."
Public-domain text, read in full here on John Shaqi.
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