Page:The Moslem World - Volume 02.djvu/143

 hampered by the restrictions which the protests of the reactionary Ulema laid upon it, and that its utihty was damaged by the intrigues mth which the priestly class, antagonistic to all innovation, sought to blast it, yet we must hail it as one of the first efforts to free the state religion from the stagnation in which it had so long lain dormant, and to bring the Afghan people into line with the march of progress in other lands.

The land is governed according to Mohammedan law, and in every province there are courts known as Mahkama-i-Shara, presided over by kadis, assisted by muftis, in which this law is administered. Ultimate power, however, rests with the Amir, and in case of appeal he may affirm or annul any decision of these courts. The hakims, or governors of the provinces, also hold courts known as Mahkama-i-Hakim, in which civil suits unconnected with Mohammedan law are decided. Cases of Shara, in which the gazis do not agree, are referred to the Khan-i-Mulla at Kabul, and cases of treason, misconduct of, or embezzlement by, government officials, are referred to and decided by the Amir himself. To forsake Islam is a capital offence, and there is no doubt that even if the court did not inflict the extreme penalty, the vox populi would demand it.

There have been cases where mullahs of learning and distinction have undergone the extreme penalty of Mohammedan law, that of being stoned to death, merely because they have held and taught doctrines considered heretical by the Ecclesiastical Court. A remarkable instance occurred some years ago, when one of the most distinguished mullahs of Kabul was stoned to death for having become a disciple of the Messiah of Qadian, Mirza Ghulam Ahmad. The Amir Abdur Rahman Khan laid down a code of procedure which was to cover all cases not provided for by the \piw of Islam, and the Amir of the time being has absolute power over the life and liberty of his subjects, and may execute, imprison, or otherwise punish them without the intervention of any court, or even in supersession of one.

There is no doubt that at the present time the presence of a Christian convert from Islam would not be tolerated