e
consideration to the wishes of their constituents; and moreover they were
often tainted by what was regarded in Mohammedan countries as inseparable
from government employment: bribery.
On this account, the canonists, although it was from their ranks that the
officials of the _qadhi_ court were to be drawn, considered no words too
strong to express their contempt for the office of _qadhi_. In handbooks
of the Law of all times, the _qadhis "of our time"_ are represented as
unscrupulous beings, whose unreliable judgments were chiefly dictated by
their greed. Such an opinion would not have acquired full force, if it
had not been ascribed to Mohammed; in fact, the Prophet, according to a
tradition, had said that out of three _qadhis_ two are destined to
Hell. Anecdotes of famous scholars who could not be prevailed upon
by imprisonment or castigation to accept the office of _qadhis_ are
innumerable. Those who succumbed to the temptation forfeited the respect of
the circle to which they had belonged.
I once witnessed a case of this kind, and the former friends of the _qadhi_
did not spare him their bitter reproaches. He remarked that the judge,
whose duty it was to maintain the divine law, verily held a noble office.
They refuted this by saying that this defence was admissible only for
earlier and better times, but not for "the _qadhis_ of our time." To which
he cuttingly replied "And ye, are ye canonists of the better, the ancient
time?" In truth, the students of sacred science are just as much "of our
time" as the _qadhis_. Even in the eleventh century the great theologian
Ghazali counted them all equal.[1] Not a few of them give their
authoritative advice according to the wishes of the highest bidder or
of him who has the greatest influence, hustle for income from pious
institutions, and vie with each other in a revel of casuistic subtleties.
But among those scholars there are and always have been some who, in
poverty and simplicity, devote their life to the study of Allah's law with
the sole object of pleasing him; among the _qadhis_ such are not easily to
be found. Amongst the other state officials the title of _qadhi_ may count
as a spiritual one, and the public may to a certain extent share this
reverence; but in the eyes of the pious and of the canonists such glory is
only reflected from the clerical robe, in which the worldling disguises
himself.
[Footnote 1: Ghazali, _Ihya_, book i., ch. 6, quotes the words of
|