Page:The People of India — a series of photographic illustrations, with descriptive letterpress, of the races and tribes of Hindustan Vol 4.djvu/137

 MOULVEES. (198)

HE Photograph represents three doctors of Mahomedan law, or Moulvees, in discussion, perhaps on some knotty pomt in the text, on which the figure on the left has placed his hand, while the other two are listening to what he has to say. They form a very characteristic group of a class of learned men, who are perhaps decreasing under lack of patronage and exercise for their talents and knowledge, which is a necessary result of British Government. As a class they cannot be supposed to hold our administration in any particular regard or esteem, since they are necessarily deprived of the extensive advantages they would have possessed under their ancient Mahomedan rule. Under our own admmistration of the country, however, Mahomedan law still occupies a prominent place, and all property belonging to Mahomedans is inherited, divided, or litigated, under that law. Thus marriage settlements are drawn up by Moulvees, and the separate shares of widows, sons, and daughters, of all families of Mahomedans are defined by them. Wills are written by them, and conveyances and deeds of gift in special cases; in short, the civil law business of the Mahomedan people of India is in their hands. English judges are supposed to be conversant with Mahomedan law; but there are many points in which the general direction of a competent law officer is needful, and a Moulvee who has passed a prescribed examination is attached to every civil court. To him the judge can refer in doubtful or intricate questions; but the Moulvee is not responsible for the result if the award does not coincide with his opinion. These situations are very honourable, and are well paid; but they are necessarily omitted in extent. The criminal Mahomedan law has been entirely expunged from English procedure in India. It was cruel, vindictive, and uncertain of application. It did not admit of the evidence of "unbelievers," that is, of Hindoos and Christians. The punishments laid down were excessive and capricious; yet for many years after the commencement of the local administration of Bengal, &c., indeed, to a comparatively late period, the opinion of the Mahomedan law officer was recorded as to the nature or ground