to create the Native Court alongside the Shariah Court.
4.5
PĀSHĀ Shariah scholars must have an obvious excuse. They’ve been faced with either the objections and arguments of opponents or the oppressive tyranny of a powerful ruler. This has prevented them from following the right course and made them choose this pernicious path instead.
ʿĪSĀ It was nothing of the kind. People are free to choose and can form their own opinions independently. By so doing they may obtain peace of mind. The source of corruption is not the laws of time or unforeseen happenings. It’s the consequence of faulty education and moral decline, something to which they’re happily reconciled. It’s reached such a stage now that any attempt to extricate themselves from this situation is regarded as a trial and any return to the genuine tenets of the religious law is seen as heresy. The diseases of mutual envy, hatred, discord, and rancor have spread among them; cowardice, lassitude, weakness, dissatisfaction, slackness, tedium, and laziness are now deeply ingrained inside them. As a result we’ve now reached the stage that you’re witnessing. Since we’ve all done these things ourselves, the sin and responsibility is ours; we’re the ones to blame.
PĀSHĀ I realize that you’re exaggerating. But, even if we’re to suppose that the corruption that you describe is widespread, isn’t there some rare individual to point out to you the need for the law to be upheld and to guide you toward the true bases of your faith? Is there no one to offer you such guidance?
ʿĪSĀ Oh yes, we have such judicious counselors. There are scholars, men of virtue, intellectuals, true believers, and pious folk. But, whenever any of them takes a stand, he’s immediately accused of being a deviant heretic. They call him a recalcitrant apostate. Such are the moral postures so deeply ingrained in the souls of people in the grip of conservative tradition. So the forward-looking person thinks twice, and ambitious ideas falter. Virtue is so lacking among us that people’s ideas are scoffed at and their statements are despised. Not only that, but it’s always easier to do nothing rather than take action; a life of ease is more convenient than one of exhaustion. I’ve not been exaggerating in my description, as you’re about to see for yourself.
4.6
ʿĪsā ibn Hishām said: While we were conversing like this, the whole place was reverberating with the noise of people surging around in crowds. Then the Judge appeared. He was in the prime of his youth, still quite young, his face radiantly handsome. His stance made him look like a tree branch; with his light, energetic stride he seemed to be flying. When he entered the court, I went to ask when our case was coming up, then returned to my companion. He asked me to continue our conversation, and I duly responded to his request:
ʿĪSĀ The Native Court is the judicial authority that passes judgment on subjects today in all litigations in accordance with the stipulations of the law.
PĀSHĀ Do you mean the Humāyūnī law code?36
ʿĪSĀ The Imperial Code.
PĀSHĀ I don’t remember you speaking in a foreign language or using obscure terms like that before!
ʿĪSĀ I’m doing neither. It’s the Code of Napoleon who was Emperor of France.
PĀSHĀ Have the French returned to Egypt and subjected you to their regime again?
ʿĪSĀ No. We’re the ones who subjected ourselves to their authority. We chose their legal code to replace the Shariah in our country.
PĀSHĀ Are this code’s regulations consistent with those of the noble Shariah? If not, then you are being governed with something which was not sent down to earth by the Almighty.
4.7
ʿĪSĀ That’s what Shariah scholars state in private confidential discussion. However, it seems that it is compatible with the holy law. As proof, one can cite the pronouncement made by a scholar of great eminence who swore a mighty oath on a legal decision which he’d given at the time of its promulgation to the effect that this French code was not at variance with the Islamic holy law, even though there’s no punishment specified in the French code for adultery or homosexuality, provided that the object of affection agrees and is one day over twelve years of age; nor for anyone who commits incest with his mother, provided she assents and is unmarried. This is the legal code which considers a brother guilty of a criminal offense when he risks his life in the defense and protection of his sister’s honor, and the same with the rest of her family beyond her husband; which decrees that debtors shall be compelled to pay interest to creditors; which is willing to accept the testimony of a single woman against a man; and which does not punish the husband who steals from his wife, nor the reverse, nor son from father, nor the reverse.
4.8
The Mixed Courts, which have foreign judges, specialize in investigating litigation between native people and foreigners, and amongst foreigners themselves on matters of civil rights, by which I mean cases involving money. Foreigners have a greater right to wealth because they are serious and work harder. Egyptians on the other hand deserve to be poor because they are negligent and leave everything to foreigners. As a result, the majority of cases in which these courts have competence to pass judgment inevitably result in Egyptians being deprived of their money and property.
Disciplinary Tribunals deal specifically with the punishment of officials who fail to carry out their job properly. They’re usually made up of the same officials who charge the offenders. The severest sentences which they can impose are dismissal from office and loss of livelihood. The remaining degrees of sentence are referred back to be dealt with by the Native Courts.
4.9
Administrative Tribunals deal with the punishment of anyone who contravenes edicts, orders, and decrees. It would take ages to explain.
Military Courts are concerned with the punishment of officers and troops on a charge. They also have authority over people in questions of conscription and the like.
Consular Courts cover the supervision of misdemeanors committed by foreigners against Egyptians and by one foreigner against another of the same nationality. If a foreigner commits a felony against an Egyptian, the courts have no jurisdiction or power of punishment in Egypt; none of these courts which I have explained to you has any special authority in this matter. The offender is returned to his country of birth and homeland for trial. When judges there look into the case, they inevitably end up acquitting the criminal for “lack of confidence in the Egyptian police’s investigation,” “loss of data relevant to the case,” and “lack of sufficient witnesses.”
Special Courts handle punishment for people who assault foreign troops.
PĀSHĀ You keep on giving me curious bits of information and explaining things I don’t understand. When did Egyptians ever assault troops?!
4.10
While we were talking, our case was called. The Pāshā was summoned and entered the court with the Lawyer. The Attorney of the Parquet stood up and asked for a conviction against the accused, in accordance with articles 124 and 126 of the Penal Code, for an assault on a member of the judicial police during the execution of his duty, and with article 346, dealing with misdemeanors, for a minor assault on the Donkeyman.
JUDGE (to the accused) Did you commit the offence with which you have been charged?
LAWYER He did not.
