nd a thief had no difficulty in disposing
of a bribe.
As I have already narrated, the Khalifa nominated his own judges, with
Ahmed the Kadi el Islam as their head; a special court was also
established to deal with the innumerable marriage disputes which form so
large a part of Moslem legislation. Abdullah specially instructed his
judges to consider these cases from their external rather than from
their internal aspect.
The usual proofs required are the evidence on oath of witnesses. The
witness is obliged to wash himself before taking an oath, so that he may
be pure. He then places his right hand on the Kuran, and says, "Hakk
kitab Allah" ("By God's book"), following it by his statement. In cases
of complaints, the defendant only has the right to take an oath, whereas
the complainant must produce witnesses. If no witnesses are forthcoming,
the defendant has only to take an oath, and is then acquitted.
The real sense and meaning of an oath is absolutely ignored. Hundreds of
oaths are taken every day in the market court on the smallest trifle,
perhaps not exceeding a piastre. The falsehood of the individual taking
the oath is frequently quite apparent; but unless the witnesses come
forward, the most flagrant case will go unpunished.
It is the popular idea that if a man swears falsely on the Kuran, he
will immediately fall down dead. This constant perjury is very clear
evidence of the depth of moral degradation and religious decadence which
the followers of the Mahdi have now reached.
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
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