Discoveries Among the Ruins of Nineveh and BabylonLayard, Austen Henry
History
Discoveries Among the Ruins of Nineveh and Babylon
Layard, Austen Henry
Babylon (Extinct city); Middle East -- Description and travel; Nineveh (Extinct city); Scientific expeditions
Next morning Suttum returned to his tents with Rathaiyah, leaving us under
the care of his younger brother Mijwell. After I had visited the Turkish
commander, whom he did not appear over anxious to meet, he was to join us
in the Desert, and accompany me to Mosul. Mijwell was even of a more
amiable disposition than his brother; and although he could neither read
nor write, he was one of the cadis or judges of the Shammar, an office
hereditary in the family of the Saadi, at the head of which is Rishwan.
The old man had delegated the dignity to his younger son, who, by the
consent of his brothers, will enjoy it after their father's death.
Disputes of all kinds are referred to these recognised judges. Their
decrees are obeyed with readiness, and the other members of the tribe are
rarely called upon to enforce them. They administer rude justice; and,
although pretending to follow the words of the Prophet, are rather guided
by ancient custom than by the law of the Koran, which binds the rest of
the Mohammedan world. The most common source of litigation is, of course,
stolen property. They receive for their decrees, payment in money or in
kind; and he who gains the suit has to pay the fee. Amongst the Shammar,
if the dispute relates to a deloul, the cadi gets two gazees, about eight
shillings; if to a mare, a deloul; if to a man, a mare. Various ordeals,
such as licking a red-iron, are in use, to prove a man's innocence. If the
accused's tongue is burnt, no doubt exists as to his guilt.
One of the most remarkable laws in force amongst the wandering Arabs, and
one probably of the highest antiquity, is the law of blood, called the
Thar, prescribing the degrees of consanguinity within which it is lawful
to revenge a homicide. Although a law, rendering a man responsible for
blood shed by any one related to him within the fifth degree, may appear
to members of a civilised community one of extraordinary rigour, and
involving almost manifest injustice, it must nevertheless be admitted,
that no power vested in any one individual, and no punishment, however
severe, could tend more to the maintenance of order and the prevention of
bloodshed amongst the wild tribes of the Desert. As Burckhardt has justly
remarked, "this salutary institution has contributed in a greater degree
than any other circumstance, to prevent the warlike tribes of Arabia from
exterminating one another."
If a man commit a homicide, the cadi endeavours to prevail upon the family
of the victim to accept a compensation for the blood in money or in kind,
the amount being regulated according to custom in different tribes.
Should the offer of "blood-money" be refused, the "Thar" comes into
operation, and any person within the "khomse," or the fifth degree of
blood of the homicide, may be legally killed by any one within the same
degree of consanguinity to the victim.[130]
Public-domain text, read in full here on John Shaqi.
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