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CHAPTER XVIII.

Of the Laws.

As the Persians are the followers of Ali, the son-in-law of the prophet, their system of laws is not burthened with the numerous traditions and commentaries of the Soonees. The dissention between Aboo Jafir and Huneefu, two very celebrated lawyers, laid the foundation of that difference which at present pervades the two systems of Mahometan jurisprudence; but the acrimony of religious controversy had long before this dispute prepared the minds of the two sects for a final separation.* It will be here sufficient to observe, that their differences are frequently founded upon the observance of trivial forms, or the practice of peculiar customs. A zealous Shee-a most conscientiously believes, that a Soonee will be damned for crossing his hands on his breast, when he is saying his prayers, instead of letting them fall by his side, agreeably to the practice of the followers of Ali.

The dispensation of justice in a despotic monarchy must necessarily be summary, and frequently not in the least proportioned to the magnitude or slightness of the offence. Sadee relates a story of a judge, guilty of a most serious crime, being pardoned for making a witty defence. This story is probably a fiction, but history abounds with a variety of similar instances. It may become a subject of some dispute, whether, in all cases relative to property, the chance of summary oppression is not preferable to the delays.

See Preliminary Discourse to the Hedaya, p. 24.

of a formal and tardy investigation. However this may be, the Persians are certainly greatly prejudiced in favour of their own laws, particularly those who have been initiated into the mysteries of our courts of justice. They cannot conceive the necessity of deferring to pass an immediate judgment on a cause which must be either just or unjust; little imagining that a preparatory study of many years is requisite to enable their counsel to form an opinion on the merits of their case. But although they deprecate this delay, they willingly acknowledge the superior wisdom and justice which directs the decisions of our courts; and break out in lavish commendations of the scrupulous regard which is shewn to the claims of the meanest individual.

The distribution of justice in Persia is committed to the hands of the Sheikh Ool Islam (head priest), who is the judge of criminal and civil law; and to the governor, who is the Hakimi Oorf, or judge of common law. The former is directed in his decisions by the Shura, a name the Koran receives when applied to judicial proceedings, and to the Hudees, or traditions of the prophet. It is the duty of the Hakimi Oorf to see the decisions of the civil magistrate carried into effect.

It may not be necessary to observe, that the Moosulman law is founded on the principle of the lex talionis; that life is requited with life; or, if the kin of the deceased agree, may be commuted by the payment of a fixed sum; and of wounds, in the same manner. In the event of a person receiving a wound, and, according to the law of retaliation, his inflicting a similar one on the body of the aggressor, from which he should afterwards die, he is considered to have been guilty of murder, and is delivered over to the relations of the deceased. But this is an extraordinary circumstance which possibly may not have occurred.

In despotic monarchies, wealth and power will often counteract the laws; nor is it to be wondered at, when we find that in most

states, it is always of some advantage to the criminal. In the case of a poor man being murdered by his superior, and his nearest of kin claiming the right of retaliation, the matter would probably be referred by the governor to the king, although it is the office of the Sheikh Ool Islam to pass his decision on the offender.

The Hakimi Oorf executes the decisions of the civil magistrate; but a latitude is left him to inflict what punishments he thinks proper. The civil magistrates, in all the cities of Persia, are the servants of the king, totally independent of the governor, who seldom hesitates to acknowledge their authority, or to comply with their judgments. Various kinds of disputes, robberies, &c. are cognizable by the Hakimi Oorf, who punishes or pardons as he thinks proper; at the same time it is expected that he should regulate his decisions according to established usage.* The quarrels and disputes which occur among the troops, are decided by the commandant; murders or assaults by the Sheikh Ool Islam of the city.

I have already taken notice of the duty of the Darogha of the Bazar, who, by settling trifling disputes, prevents all manner of delay, and relieves the other judges from a load of business. It may be here worth while to observe, that no witness is ever sworn; he says, "I give evidence;" neither is there any prescribed punishment for wilful perjury.†

A man of rank enjoys a number of privileges which are denied the poorer classes. No servant can complain against him; nor can a tradesman recover his money, should he refuse to discharge his debts. This is rather agreeably to what has probably been practised for ages, than that it is founded on any law. On the contrary, the Mohammedan laws embrace every description of offenders, and shew no more favour to the richest, than they do to the poorest individual. This distinction is the result of despotism, is + See Hedaya.

* The Persians have no books on common law.

L

generated by it, and must exist as long as this form of government

endures.

A Mooslim is allowed to divorce his wife without assigning the smallest cause of complaint; whereas it is necessary for the woman to substantiate ill usage, and a variety of other circumstances, before she can procure a separation. They may part in this way three times; after which, I believe, it is considered improper, though not unlawful, for them to have any further connection. After the third time, she must be married and be divorced before her former husband can remarry her.*

Marriages are easily concluded in Persia; you may, according to the Mooslim law, be married for an hour, a day, or a month. You draw out a contract, specifying the time; this you take to the priest, who recognises the deed, and allows its validity. Some prayers are, I believe, read; the priest receives a present; and should you be inclined to renew your engagement, this too is allowed. This kind of union is considered to be little inferior to marriage; and is a plan generally adopted by those who are over scrupulous, and of tender faith.†

Justice, according to every thing I could hear, is but badly administered in Persia; a bribe, I believe, is the most expeditious method of securing redress, and even then it would depend on your having presented a larger sum than the person you complained against. The Sheikh ool Islam at Sheeraz was universally considered to be a just and upright magistrate; but, I fear, this was a remarkable instance of virtue. The Persians, though they are quarrelsome, are by no means litigious; it seldom happens that any, but those who can afford it, suffer by the iniquity of their judges. Poor people can have but few causes of complaint; ill usage, being wounded, or one of their relations being put to death.

See Koran, chapter ii. p. 42. and Preliminary Dis. p. 178.

This union is called Mootu-a.

I have already noticed the punishments for the two latter, the former is seldom redressed.

I have briefly stated the leading features of the Mooslim laws, without entering into any particular detail of their jurisprudence. The word which denotes justice, signifies bringing things to an equality, or placing me in the same situation as before I was injured. But however philosophical the term may be, I fear it has little weight with those in power; yet we may remark, that if despotic authority counteracts the effects of salutary laws, the existence of these laws is no inconsiderable check upon despotism.

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