Page:Encyclopædia Britannica, Ninth Edition, v. 16.djvu/619

Rh INSTITUTIONS.] MOHAMMEDANISM 591 Prime Minister, Adminis trative services. Organi zation of the State. Caliph. Minis ters. Simultaneously with the accession of the Abbasids, Persian influence began to preponderate. The Persian, Khalid b. Barmak, was entrusted with the administration of the finances (Diwdn al-Khardj] by As-Saffah, who was also the first Caliph who transferred the burden of public affairs from himself to a Prime Minister ( Wazir, whence, in European languages, the term Vizier&quot;). The title of Wazfr was unknown to the Omayyads. The office of Prime Minister was of Persian origin. It existed till the time of the Caliph Radi, when that of Amir al-Omara was substituted for it. When the Caliphs had fallen under the tutelage of the Buyids, it was the latter who chose Viziers, leaving to the Caliphs only Secretaries (Rayis al-Ruwasd). Under the Seljuk Sultans the Caliphs were again permitted to choose their own Viziers. The institution of the office of Vizier was not the least among the causes of the decadence of the Eastern Caliphate. The Abbdsids gradually became unaccustomed to the exercise of power and the management of affairs, and thus lost all direct influence over their subjects. Besides the Minister of Finance and the Vizier, the Abbdsids created another important office, that of Postmaster-General (Sahib &amp;lt;d-Baritl}, whose duty it was to collect at a central office all the information which arrived from the provinces, and to transmit it to the Prime Minister. Thus the adminis trative services were greatly extended under the Abbasids. They Avere subdivided as follows: 1. Diivdn al-Khardj, or Ministry of Finance ; 2. Dhvdn al-Diyd or Bureau of State property ; 3. Diwdn al-Zimdm, Registry Office or Exchequer Office ; 4. Diwdn al-Jond, or Ministry of War ; 5. Nazfir al-Mazdlim, or Court of Appeal ; 6. Diwdn al- Jfdwdli wal-Ghilmdn, or Bureau of the freedmen and slaves of the Caliphs ; 7. Diivdn Zimdm al-Nafakdt, or Office of Expenditure ; 8. Diivdn al-Barid, or Office of the Posts ; 9. Diwdn al-Rasdil, or Office of Correspondence; 10. Diwdn al-Taukf, or Office of the Imperial Seal, and of the registration of official documents. There were also offices for the despatch and reception of official documents, and for the inspection of weights and measures. We cannot better conclude this brief summary of the institutions of the Caliphate than by giving a sketch of the organization of the State, according to the Moslem authors themselves. The supreme chief received the title of Caliph, or of Commander of the Faithful (Amir al-Mo minin). He united in his own person all the powers of the State ; his Ministers and all public functionaries acted only by virtue of a commission from him. They, like all other Moslems, were at the mercy of the Caliph, who had power of life and death over them. As spiritual chief, the Caliph was also the supreme judge in questions of dogma. In theory he held his powers by the free choice of the majority of Moslems ; but, when he had once received their oath of allegiance, he became their absolute master. The first condition of eligibility to the Caliphate was to belong to the tribe of Koraish. In Moslem belief, the subjects of the Caliph owed him obedience and aid so long as he should fulfil his duties with exactness. These consisted in maintaining the principles of religion, in administering justice scrupulously, in defending the territory and assur ing its safety, in carrying on war for the subjugation of the infidels, and in spending the public revenue in conformity to the law. If the Caliph failed in the performance of his duty, rebellion against him became lawful. The Ministers might be absolute or dependent. If dependent, they simply executed the orders of their sovereign. If absolute, they took his place, and exercised all the powers of a Caliph except that they could not, at least in theory, designate any successor to the reigning Caliph. It was only to the Caliph himself that they were responsible for their actions. The Prefects, when once appointed, whether by the Prefects. Caliph or the Vizier, became so many petty sovereigns, and, legally, owed an account of their actions only to the Caliph, or to his Prime Minister, when the latter was absolute. The Generals were appointed either by the Caliph or by Gene- the Vizier, or lastly by the Prefect, when only a local war rals - was in question. They were sometimes invested with very extensive powers, such as those of concluding treaties of peace, of administering justice, and of dividing the booty. The General, in his turn, appointed the officers (Nakibs) and under-officers (M-/v/s). It was a general order that infidels, before hostilities against them were opened, should be summoned to embrace the faith, or to submit by capitulation. The conversion of infidels was valid, even when effected sword in hand, on the field of battle, and the new convert became inviolable in person and property. On the other hand, every infidel taken prisoner was sold as a slave, with his wife and children. He might even be put to death. Apostates were never to be spared ; they were put to death, and their property confiscated. Justice was administered by Cadis, appointed either by Cadis, the Caliph, by the Vizier, or by the Prefect. To be eligible as a Cadi (Kddi), it was requisite that a man should be 1. A male and of respectable age; 2. In full pos session of his mental and physical faculties ; 3. A free man ; 4. A Moslem ; 5. Of good moral character ; 6. Acquainted with the principles of the law and their application. The duties of the Cadi were to examine into the disputes and lawsuits brought before him ; to enforce the execution of his judgments; to name judicial councils for the administration of the goods of minors, madmen, etc.; to administer the mortmain property of mosques anil schools (wakf, plural wokuf] to watch over the execution of wills ; to inflict due legal penalties on those guilty of crimes or misdemeanours ; 1 and to inspect the highways and public buildings. When any locality possessed no Imam, or public officiator at the mosque, it was the Cadi who performed this duty. The assistants of the Cadi were Notaries (Shohiid Secretaries (Omand), and Deputies (Ndyibin). If the Cadi died, his subordinates lost their offices ipso facto. On the other hand, the death of a Caliph did not millify the powers of the Cadi ; but it was necessary that he should be confirmed by the new sove reign. The Court of Appeal (Jfazar al-Mazdlim) was instituted Court of to take cognizance of those causes in which the parties A PP ea - concerned appealed from the judgment of the Cadi. The sittings of this court were presided over by the Caliph in person. It was established by the Omayyad Abd al-Melik. The last Caliph who sat in public to examine appeal cases was Mohtadi. After him a special judge was appointed to the function of president of the Court of Appeal. Besides the Judges there were Inspectors (Moktasib}, Inspec- charged with the police of the markets and the care of tors, morals. The Mohtasib s duty was to take care that weights and measures were not falsified, and that buyers were not deceived as to the quality of the goods sold. He had the power of inflicting summary punishment on delin quents, but only in the case of flagrant offences. If the person charged denied the facts, he was to be brought before the Cadi. As regards morals, the Mohtasib took care that widows and divorced women should not remarry before the expiration of the legal period prescribed by the 1 The principal offences were apostasy, neglect of religious dutii^, refusal to pay taxes, theft, adultery, outrages, and murder. The penalties were imprisonment, fines, corporal punishment, and death.