Mohammedanism: Lectures on Its Origin, Its Religious and Political Growth, and Its Present StateSnouck Hurgronje, C. (Christiaan)
Islamic
Mohammedanism: Lectures on Its Origin, Its Religious and Political Growth, and Its Present State
Snouck Hurgronje, C. (Christiaan)
Islam
The bridge across the gulf that separated the spiritual from the temporal
authorities was formed by those state officials who, for the practice
of their office, needed a knowledge of the divine law, especially the
_qâdhîs_. It was originally the duty of these judges to decide all legal
differences between Mohammedans, or men of other creeds under Mohammedan
protection, who called for their decision. The actual division between the
rulers and the interpreters of the law caused an ever-increasing limitation
of the authority of the _qâdhîs_. The laws of marriage, family, and
inheritance remained, however, their inalienable territory; and a number
of other matters, in which too great a religious interest was involved to
leave them to the caprice of the governors or to the customary law outside
Islâm, were usually included. But as the _qâdhîs_ were appointed by the
governors, they were obliged in the exercise of their office to give due
consideration to the wishes of their constituents; and moreover they were
often tainted by what was regarded in Mohammedan countries as inseparable
from government employment: bribery.
On this account, the canonists, although it was from their ranks that the
officials of the _qâdhî_ court were to be drawn, considered no words too
strong to express their contempt for the office of _qâdhî_. In handbooks
of the Law of all times, the _qâdhîs "of our time"_ are represented as
unscrupulous beings, whose unreliable judgments were chiefly dictated by
their greed. Such an opinion would not have acquired full force, if it
had not been ascribed to Mohammed; in fact, the Prophet, according to a
tradition, had said that out of three _qâdhîs_ two are destined to
Hell. Anecdotes of famous scholars who could not be prevailed upon
by imprisonment or castigation to accept the office of _qâdhîs_ are
innumerable. Those who succumbed to the temptation forfeited the respect of
the circle to which they had belonged.
Public-domain text, read in full here on John Shaqi.
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