Still more severe is the law with respect to blasphemy. The person who utters blasphemy against God, or Mohammad, or Christ, or Moses, or any prophet, is to be put to death without delay, even though he profess himself repentant; repentance for such a sin being deemed impossible. Apostacy or infidelity is occasioned by misjudgment; but blasphemy is the result of utter depravity.
A few words may here be added respecting the sect of the “Wahhábees,” also called “Wahabees,” which was founded less than a century ago, by Mohammad Ibn-’Abd-El-Wahháb, a pious and learned sheykh of the province of En-Nejd, in Central Arabia. About the middle of the last century, he had the good fortune to convert to his creed a powerful chief of Ed-Dir’eeyeh, the capital of En-Nejd. This chief, Mohammad Ibn-So’ood, became the sovereign of the new sect—their religious and political head—and under him and his successors the Wahhábee doctrines were spread throughout the greater part of Arabia. He was first succeeded by his son, ’Abd-El-’Azeez; next, by So’ood, the son of the latter, and the greatest of the Wahhábee leaders; and lastly, by ’Abd-Allah, the son of this So’ood, who, after an arduous warfare with the armies of Mohammad ’Alee, surrendered himself to his victorious enemies, was sent to Egypt, thence to Constantinople, and there beheaded. The wars which Mohammad ’Alee carried on against the Wahhábees, had for their chief object the destruction of the political power of the new sect. Their religious tenets are still professed by many of the Arabs, and allowed to be orthodox by the most learned of the ’Ulama of Egypt. The Wahhábees are merely reformers, who believe all the fundamental points of El-Islám, and all the accessory doctrines of the Kur-án and the Traditions of the Prophet: in short, their tenets are those of the primitive Muslims. They disapprove of gorgeous sepulchres, and domes erected over tombs; such they invariably destroy when in their power. They also condemn, as idolaters, those who pay peculiar veneration to deceased saints; and even declare all other Muslims to be heretics, for the extravagant respect which they pay to the Prophet. They forbid the wearing of silk and gold ornaments, and all costly apparel, and also the practice of smoking tobacco. For the want of this last luxury, they console themselves in some degree by an immoderate use of coffee.[[207]] There are many learned men among them, and they have collected many valuable books (chiefly historical) from various parts of Arabia, and from Egypt.
CHAPTER IV.
GOVERNMENT.
Egypt has, of late years, experienced great political changes, and nearly ceased to be a province of the Turkish Empire. Its present Básha (Mohammad ’Alee), having exterminated the Ghuzz, or Memlooks, who shared the government with his predecessors, has rendered himself almost an independent prince. He, however, professes allegiance to the Sultán, and remits the tribute, according to former custom, to Constantinople; he is, moreover, under an obligation to respect the fundamental laws of the Kur-án and the Traditions; but he exercises a dominion otherwise unlimited.[[208]] He may cause any one of his subjects to be put to death without the formality of a trial, or without assigning any cause: a simple horizontal motion of his hand is sufficient to imply the sentence of decapitation. But I must not be understood to insinuate that he is prone to shed blood without any reason: severity is a characteristic of this prince rather than wanton cruelty; and boundless ambition has prompted him to almost every action by which he has attracted either praise or censure.[[209]]
In the Citadel of the Metropolis is a court of judicature, called “ed-Deewán el-Khideewee,”[[210]] where, in the Básha’s absence, presides his “Kikhya,”[[211]] or deputy, Habeeb Efendee. In cases which do not fall within the province of the Kádee, or which are sufficiently clear to be decided without referring them to the court of that officer, or to another council, the president of the Deewán el-Khideewee passes judgment. Numerous guard-houses have been established throughout the metropolis, at each of which is stationed a body of Nizám, or regular troops. The guard is called “Kulluk,” or, more commonly at present, “Karakól.” Persons accused of thefts, assaults, etc., in Cairo, are given in charge to a soldier of the guard, who takes them to the chief guard-house, in the Mooskee, a street in that part of the town in which most of the Franks reside. The charges being here stated, and committed to writing, he conducts them to the “Zábit,” or chief magistrate of the police of the metropolis. The Zábit, having heard the case, sends the accused for trial to the Deewán el-Khideewee.[[212]] When a person denies the offence with which he is charged, and there is not sufficient evidence to convict him, but some ground of suspicion, he is generally bastinaded, in order to induce him to confess; and then, if not before, when the crime is not of a nature that renders him obnoxious to a very heavy punishment, he, if guilty, admits it. A thief, after this discipline, generally confesses, “The devil seduced me, and I took it.” The punishment of the convicts is regulated by a system of arbitrary, but lenient and wise, policy: it usually consists in their being compelled to labour, for a scanty sustenance, in some of the public works, such as the removal of rubbish, digging canals, etc.; and sometimes the army is recruited with able-bodied young men convicted of petty offences. In employing malefactors in labours for the improvement of the country, Mohammad ’Alee merits the praises bestowed upon Sabacon, the Ethiopian conqueror and king of Egypt, who is said to have introduced this policy. The Básha is, however, very severe in punishing thefts, etc., committed against himself:—death is the usual penalty in such cases.
There are several inferior councils for conducting the affairs of different departments of the administration. The principal of these are the following:—1. The “Meglis el-Meshwar′ah”[el-Meshwar′ah”] (the Council of Deliberation), also called “Meglis el-Meshwar′ah el-Melekeeyeh” (the Council of Deliberation on the Affairs of the State), to distinguish it from other councils. The members of this and of the other similar councils are chosen by the Básha, for their talents or other qualifications; and consequently his will and interest sway them in all their decisions. They are his instruments, and compose a committee for presiding over the general government of the country, and the commercial and agricultural affairs of the Básha. Petitions, etc., addressed to the Básha, or to his Deewán, relating to private interests or the affairs of the government, are generally submitted to their consideration and judgment, unless they more properly come under the cognizance of other councils hereafter to be mentioned. 2. The “Meglis el-Gihádeeyeh” (the Council of the Army); also called “Meglis el-Meshwar′ah el-’Askereeyeh” (the Council of Deliberation on Military Affairs). The province of this court is sufficiently shown by its name. 3. The Council of the “Tarskháneh,” or Navy. 4. The “Deewán et-Tuggár” (or Court of the Merchants). This court, the members of which are merchants of various countries and religions, presided over by the “Sháhbandar” (or chief of the merchants of Cairo), was instituted in consequence of the laws of the Kur-án and the Sunneh being found not sufficiently explicit in some cases arising out of modern commercial transactions.
The “Kádee” (or chief judge) of Cairo presides in Egypt only a year, at the expiration of which term, a new Kádee having arrived from Constantinople, the former returns. It was customary for this officer to proceed from Cairo, with the great caravan of pilgrims, to Mekkeh, perform the ceremonies of the pilgrimage, and remain one year as Kádee of the holy city, and one year at El-Medeeneh.[[213]] He purchases his place privately of the government, which pays no particular regard to his qualifications, though he must be a man of some knowledge, an ’Osmánlee (that is, a Turk), and of the sect of the Hanafees. His tribunal is called the “Mahkem′eh,” or Place of Judgment. Few Kádees are very well acquainted with the Arabic language; nor is it necessary for them to have such knowledge. In Cairo, the Kádee has little or nothing to do but to confirm the sentence of his “Náïb” (or deputy), who hears and decides the more ordinary cases, and whom he chooses from among the ’Ulama of Istambool, or the decision of the “Muftee” (or chief doctor of the law) of his own sect, who constantly resides in Cairo, and gives judgment in all cases of difficulty. But in general, the Náïb is, at the best, but little conversant with the popular dialect of Egypt; therefore, in Cairo, where the chief proportion of the litigants at the Mahkem′eh are Arabs, the judge must place the utmost confidence in the “Básh Turgumán” (or Chief Interpreter), whose place is permanent, and who is consequently well acquainted with all the customs of the court, particularly with the system of bribery; and this knowledge he is generally very ready to communicate to every new Kádee or Náïb. A man may be grossly ignorant of the law, and yet hold the office of Kádee of Cairo: several instances of this kind have occurred; but the Náïb must be a lawyer of learning and experience.
When a person has a suit to prefer at the Mahkem′eh against another individual or party, he goes thither, and applies to the “Básh Rusul” (or chief of the bailiffs or sergeants who execute arrests) for a “Rasool” to arrest the accused. The Rasool receives a piaster or two,[[214]] and generally gives half of this fee privately to his chief. The plaintiff and defendant then present themselves in the great hall of the Mahkem′eh, which is a large saloon, facing a spacious court, and having an open front formed by a row of columns and arches. Here are seated several officers called “Sháhids,” whose business is to hear and write the statements of the cases to be submitted to judgment, and who are under the authority of the “Básh Kátib” (or Chief Secretary). The plaintiff, addressing any one of the Sháhids whom he finds unoccupied, states his case, and the Sháhid commits it to writing, and receives a fee of a piaster or more; after which, if the case be of a trifling nature, and the defendant acknowledge the justice of the suit, he (the Sháhid) passes sentence; but otherwise he conducts the two parties before the Náïb, who holds his court in an inner apartment. The Náïb, having heard the case, desires the plaintiff to procure a “fetwa” (or judicial decision) from the Muftee of the sect of the Hanafees, who receives a fee, seldom less than ten piasters, and often more than a hundred or two hundred. This is the course pursued in all cases but those of a very trifling nature, which are settled with less trouble, and those of great importance or intricacy. A case of the latter kind is tried in the private apartment of the Kádee, before the Kádee himself, the Náïb, and the Muftee of the Hanafees, who is summoned to hear it, and to give his decision; and sometimes, in cases of very great difficulty or moment, several of the ’Ulama of Cairo are, in like manner, summoned. The Muftee hears the case and writes his sentence, and the Kádee confirms his judgment, and stamps the paper with his seal, which is all that he has to do in any case. The accused may clear himself by his oath when the plaintiff has not witnesses to produce: placing his right hand on a copy of the Kur-án, which is held out to him, he says, “By God, the Great!” three times, adding, “By what is contained in this of the word of God!” The witnesses must be men of good repute, or asserted to be such, and not interested in the cause: in every case at least two witnesses are requisite[[215]] (or one man and two women); and each of these must be attested to be a person of probity by two others. An infidel cannot bear witness against a Muslim in a case involving capital or other heavy punishment; and evidence in favour of a son or grandson, or of a father or grandfather, is not received; nor is the testimony of slaves; neither can a master testify in favour of his slave.
The fees, until lately, used to be paid by the successful party; but now they are paid by the other party. The Kádee’s fees for decisions in cases respecting the sale of property are two per cent. on the amount of the property: in cases of legacies, four per cent., excepting when the heir is an orphan not of age, who pays only two per cent.: for decisions respecting property in houses or land, when the cost of the property in question is known, his fees are two per cent.; but when the cost is not known, one year’s rent. These are the legitimate fees; but more than the due amount is often exacted. In cases which do not concern property, the Kádee’s Náïb fixes the amount of the fees. There are also other fees than those of the Kádee to be paid after the decision of the case: for instance, if the Kádee’s fees be two or three hundred piasters, a fee of about two piasters must be paid to the Básh Turgumán; about the same to the Básh Rusul; and one piaster to the Rasool, or to each Rasool employed.