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)
part of it may be true, and has to be sifted. It is very probable
that some interested party will not know the date of a trial, when
distances are so great and publication impossible other than by word
of mouth, in view of the universal illiteracy. So the decided case
has to be gone into once more. In the present stage of civilization
it is often better to use the wisdom of Solomon than the wisdom of
the code, and justice must necessarily be more or less patriarchal,
for it is of far more importance to gain the confidence of the people
than to abide by the strict laws of procedure.
So, too, in administering the criminal law the magistrate finds
himself sometimes confronted by difficulties which could never be
contemplated by any legal code. Alike in the Mohammedan and the
Pagan Soudan ancient beliefs and superstitions live on, fostered to
an incredible extent by the backward state of the people and the
prevailing ignorance. In the face of the habits of mind produced
by these conditions the principles of jurisprudence lose their
significance. The ordinary rules cannot be justly applied to such
cases. Not long ago a native of Southern Sennar was brought to trial
on a charge of murder. There was no dispute as to the facts. The
victim had been savagely done to death in cold blood. The accused
admitted the deed, but pleaded, in all good faith, a defence which
seemed perfectly natural and satisfactory to himself and every other
native. His brother had recently died, and he had ascertained that
his death was due to the evil eye. In accordance with the moral
code of the district, it became his duty towards his brother to
exact vengeance, and he therefore killed the man whose evil eye
had caused the mischief. In his view and that of all his neighbours
there was no more criminal intent in the act than if he had killed
a poisonous snake.
Public-domain text, read in full here on John Shaqi.
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