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)
‘What consoles me with regard to the stagnant state of the
Mohammedan law in this country is the fact—deplorable though that
fact be—that this state of stagnation is general throughout the
Mohammedan world. And, although, for many centuries, it has been
the only law applied to the people, time has, on account of the
failure of those in charge to administer it properly, necessitated
the introduction of other codes.
‘The whole responsibility for this decline in the Mohammedan law
must be attributed to the authorities of former times.
‘What renders this condition of things the more regrettable is the
fact that some of the causes which have for long been undermining
the stability of this law have become a part of its traditions,
any digression from which would be considered as a deviation from
the Sharia law. Hence, it is impossible for me to exaggerate the
difficulties which obstruct the way of the reformer. Yet I hope that
we may have a good opportunity in this country to improve this state
of things, and to bring about an unprecedented epoch of advance in
the history of reform.’
Apart from the defects of the religious law, there are many obstacles
to a proper administration of justice in the Soudan. Justice is a new
idea. Colloquial Soudan-Arabic has no very extended vocabulary. A
British officer learning Arabic at Khartoum had impressed upon his
teacher that he only wished to master the ordinary language of the
country. One day a new word turned up. ‘Is that a good word?’ he
asked his teacher. ‘Good?’ said the learned man. ‘I should think
so, indeed. Why, if you use that word, you and I will be the only
people in the Soudan who understand what you mean.’ The word might
well have been the ordinary Arabic term for justice. There has seldom
been any use for it until now in common parlance. To the mind of the
Arab the notion of an impartial tribunal giving final decisions is an
absolute novelty. His natural view is that the judge decides either
according to his own caprice, or according to the greater bribe, or
to please some great man. The image of blind Justice holding equal
scales is very puzzling to him. A judge, therefore, who, when he
has decided a case, thinks he has heard the last of it, is liable
to rude disappointment. The unsuccessful suitor is very likely to
reappear a month or two later and ask for at least a modification
of the judgment. He knows now that a bribe is worse than useless;
so he comes with a terrible tale of ruin and despair to move the
compassion of the Father of the Oppressed and the Protector of the
Poor; or—for he is full of resources—he alleges that the judgment
has not been properly carried out; or that at the trial an important
witness on his side was absent; or that some third party, who had an
interest in the case, never heard anything about the trial at all. It
may be all pure invention, and very often is, for the Arab can be a
fertile liar—that difficulty is not peculiar to the Soudan—but
Public-domain text, read in full here on John Shaqi.
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