The binding of the Nile and the new SoudanPeel, Sidney Cornwallis
History
The binding of the Nile and the new Soudan
Peel, Sidney Cornwallis
Irrigation -- Egypt; Nile River; Sudan (Region)
The only department in which the whole system had not to be built
up again from the bottom was the administration of the Mekhemeh
Sharia, the courts dealing with the sacred Mohammedan law. Just
as in our own country the ecclesiastical courts formerly dealt
with all questions relating to wills or marriages according to the
canon law, so these courts administer the sacred law in all matters
relating to succession, marriage, personal status, and charitable
endowments. Once they covered the whole field, but as the sacred law
was unchanging, or nearly so, other codes had to be introduced to
suit changing conditions, and their action was gradually restricted
to the subjects mentioned. In the old Soudan nearly every place of
any pretensions had one of these courts presided over by a Cadi,
and they doubtless dealt with many matters outside the limit,
for civil cases could be tried by the Cadi, if both parties were
agreed. The Cadi was frequently paid a very small salary, or none
at all, and was expected to make his living out of court-fees and
the presents he received, a system by no means conducive to strict
justice. Now these courts are much fewer in number than formerly,
but each Cadi receives a regular salary, and all the fees go to the
Government. All the Cadis are under the direct supervision of the
Grand Cadi or Cadi of Cadis, assisted by a Mohammedan inspector. It
was very difficult at first to find properly qualified occupants
for these posts. Among native-born Soudanese there were practically
none, and the supply had to come from Egypt. If they were honest,
it was at any rate something to be thankful for. But in days to
come, especially when the Training College at Khartoum has been
more developed, it may be hoped that they will be not only honest,
but also capable, and that they will also possess a sound knowledge
of the law which they have to administer. It is worthy of note that
a Soudanese Cadi has been appointed at El Obeid.
The sacred Mohammedan law is a very delicate matter for Europeans
to deal with. It abounds in defects, but suggestions for reform
coming from a Christian would not be well received. There are also
opportunities for conflict with the ordinary civil courts. For
example, in a question of inheritance a dispute as to whether the
deceased person was a Mohammedan or not could only be properly
settled by the civil court. But all difficulties have been avoided
up to now by tact shown on both sides. The Grand Cadi is a man of
singular enlightenment and ability, and is working hard to improve
the administration of the Mohammedan courts. His remarks on the
general situation, as quoted in Lord Cromer’s Report for 1902,
are worth repeating:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account