Ten Years' Captivity in the Mahdi's Camp 1882-1892

by Josef Ohrwalder; Sir F. R. Wingate

In cases relating to debt, acknowledgment on the part of the debtor of his liability is considered sufficient; but if this is not forthcoming, then two witnesses are required. As a consequence of the widespread mistrust and duplicity which exists, everything, even to the smallest matter, is generally written down on paper; or a bargain may be struck in the presence of witnesses; but this is not considered a safe proceeding, owing to the prevalence of bribery. The Khalifa has given very strict injunctions that all debts must be repaid, and if there be a delay, the debtor is to be put in prison, and brought to reason by hunger.

Let us glance for an instant into the court of justice in the market-place of Omdurman, where most of the small cases are tried. Here we find the sheikh es suk (or sheikh of the market), together with the judge, some soldiers, and (latterly only) a few Arabs, as a police guard. The sheikh generally rides to the court at eight o'clock every morning on a donkey. One of his guards places his sheepskin on a small straw rukuba (latterly this has been constructed of clay), and on this the sheikh seats himself. He has the Kuran beside him.

The parties in dispute arrive, and the case turns, for example, on fraudulent dealing, debts, payment in false coinage, &c. As there are no lawyers, each party must defend himself. As a rule the Sudanese are clever and astute in their conversation, and the man who can talk best has already gained half the victory. The noise and shouting is deafening; and the Sudanese have a wonderful display of sly cunning. The sheikh's last resource is the Kuran.

Sometimes bystanders attempt to mediate between the disputing parties, and this course generally prolongs the talk and noise indefinitely, and does not often succeed. The usual punishment is flogging, which is inflicted on the spot. Marissa-drinkers and tobacco-smokers receive eighty lashes. The individual sentenced has to lie prone on the ground, supporting his head with his hands, while two slaves take it in turns to belabour him with whips made of hippopotamus hide. The first few strokes generally draw blood, but as a rule the victim remains immovable, whilst the bystanders applaud him for his courage. If he utters a cry or a moan he is laughed at and derided. The sheikh and his supporters are much addicted to bakshish, which enables many a culprit to escape punishment.

Should the dispute be of a very serious nature, it is brought before the high court at the Bab el Khalifa; but here money plays even a more important part than in the smaller court. The success or failure of the case depends on the ability with which the opposing mediators influence the judgment; a hint or a sign with the hand is quite sufficient to make the judge understand, and with marvellous astuteness he will contrive to give the case an entirely new aspect, and one which, probably, only a few moments before he has most strongly condemned, but which now he thinks it advisable, under the circumstances, to adopt; and this change of front is carried out without the smallest hesitation.

I will here give an example of what is considered justice in Omdurman. A female slave who had for a long time had a quarrel with her mistress decided to have her revenge, and the fact that her mistress was in the habit of smoking and wearing jewels aided her in her design. She took her lady's tobacco and cigarette papers, which were generally kept hidden under ground, tied them in a little bundle, ran off with them to a soldier who was her relative, and who belonged to Yakub's bodyguard, and reported her mistress's evil doings.

Meanwhile the lady, finding that her slave had run away, sent her brother-in-law in search of her. The family were now thoroughly disturbed, and anticipated all sorts of bad consequences. The lady's husband hastened to Yakub's house, thinking that perhaps the slave might have gone there, and there, sure enough, he found her, surrounded by a crowd of Ansar. The latter, espying Ahmed (as we may call him), surrounded him and were carrying him before Yakub, when Ahmed, who did not lose his head, explained to the Ansar that he had always been under the impression that the Khalifa had appointed a judge to inquire into all such matters, and that he was ready to bow to the judge's decision; so he, the female slave, and the Ansar all went to the court. The slave produced from her pocket the bundle, laid it before the Kadi, and then stated her complaint against her mistress.

Meanwhile Ahmed had met a friend, and told him how that for a long time the slave had been on bad terms with her mistress, and had seized this opportunity for revenging herself on her, adding that she had probably obtained the tobacco and cigarette papers from elsewhere, and had trumped up this case to harm her mistress, who had never smoked in her life nor worn jewels; indeed, if they liked they might go and inspect the house.

The mediator gave a sign to the judge, who at once decided the case in Ahmed's favour, and ordered him to go to the sheikh es suk, who had been instructed to send some one to inspect his house.

It was not a difficult matter to circumvent the sheikh es suk, and when they all arrived at the house, the slave was called upon to show the place in which she had been ordered to hide her mistress's tobacco. Without a moment's hesitation the slave came forward and began scraping away the earth in a corner. It was evident that she had often done this before, and that the hiding-place had been carefully prepared—indeed, the slave found some tobacco still there which she had not noticed before, and this she exultingly produced; but at that instant one of the Ansar gave her a slap on the face, saying, "Look at this bint el kelb (daughter of a dog), she brought some tobacco here which she purposely dropped into the hole whilst she was clearing the earth away." Heaped with insults by the bystanders, the poor slave was dragged off to the market-place, where she received eighty lashes because she had failed to prove the truth of her assertion. Such is Omdurman justice.