The Continental Monthly, Vol 3 No 3, March 1863: Devoted To Literature And National PolicyVarious
History
The Continental Monthly, Vol 3 No 3, March 1863: Devoted To Literature And National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
The ulemas--whose functions do not differ materially from those of the
old doctors of the law among the Hebrews--have always claimed and
enjoyed both magisterial and ecclesiastical authority; and, indeed,
since the Mussulman's law and religion are convertible terms, we would
expect priests to be vested with the same powers, and performing the
same duties. Mohammed designed it should be so, and as long as war was
waged in the name of religion, as long as the Koran and the sword went
hand in hand together, the two professions were not incompatible; but
when Islamism had gained undisputed ascendency, there arose an obvious
discrepancy between the peaceful adoration of Allah and the settlements
of disputes between man and man. Priest and jurist, each had distinct
and qualified duties to perform. Before justice can be administered
properly the religious and legal professions must be separated; the
statutes must be distinct from the Koran and Sunnah, in the obscurities
of which they are at present involved. The sheik-ul-Islam (pontifex
maximus) is the head of the church and the bar; he appoints the bishops
and the judges; and in his twofold character of minister and lawyer, he
is the expounder of the Koran, the source of all laws, civil and
religious; his decisions serve as precedents, and are as
incontrovertible as the Koran itself.
By the late reforms, Christian testimony is admitted in courts of
justice. But this is merely a nominal privilege; for what avails it that
Christian evidence is received, if the Koran and Sunnah are to
constitute the law, and a Mussulman judge is to be the expounder? Is it
not evident that the 'true believer,' whether right or wrong, will be
shielded by the strong arm of prejudice at the expense of the Christian?
The purity of Turkish justice may be understood from the following
humorous account given by Dr. Hamlin:
'I once had a case of law with a Turkish judge. It was tried nine
times, and each time decided against me. After the ninth trial, the
judge sent me word that if I gave him 9,000 piastres (about $800),
he would decide the case in my favor, for all the world knew that
justice was on my side!'
I look, however, upon the religious toleration extended to Christians in
1854 as the most important of all reforms; it is the keystone of the
arch. Christianity has been on a gradual increase in Turkey; and it may
not be deemed extravagant to hope that when a few generations shall have
passed away, its supremacy will be acknowledged. As Constantine, finding
the Christian element predominant in the Roman empire, made the religion
of Christ that of his people, so some Selim or Abdul Medjid, urged by a
power behind the throne, and more potent than the throne itself, will
substitute the Bible for the Koran!
The fall of Islamism does not imply the downfall of Turkish rule. The
one is religious, the other a civil power; the one may wane, the other
rise.
Public-domain text, read in full here on John Shaqi.
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