What 'Isa ibn Hisham Told Us. Muhammad al-Muwaylihi

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СКАЧАТЬ we were summoned. We stood before three judges. One of them was a shaykh who displayed the august demeanor of a judge and the law. The Pāshā admired his appearance and took comfort from his aspect. The judge who was a foreigner stood up and began reading the summary of the case in a foreign accent, without bothering to articulate the consonants fully.

      READER OF THE SUMMARY This man stands accused of an assault on X, the policeman, during the course of his duty on such and such a day of such and such a month. The accused denies this. The plaintiff has testified in person, and medical evidence has shown the existence of marks on his person from the assault. The Court of First Instance sentenced him to a year and a half in prison according to articles 124 and 126 of the Penal Code. The convicted person has appealed.

       7.7

      ʿĪsā ibn Hishām said: I asked the Lawyer about this peculiar summary. “It’s normal practice here,” he replied. “Foreign judges like this one adopt the same style of preamble as was used in the initial trial, and turn it into a summary. They write it down in its Arabic form but in foreign characters, so that they can read it before the court.”

      The chief judge of the court now turned to the Pāshā. He asked him, as was customary, his name, age, profession, and place of residence. He then invited the Parquet Attorney to address the court.

       7.8

      The Attorney began to explain the case as suited his fancy. This time, however, I heard no interruptions from the chief judge as had happened in the Court of First Instance, the reason being that some of the judges who had not read up the notes of the case in the appeal needed to hear about it from the Attorney’s speech. So they allowed him to go on with his accusations at length. Once the Parquet Attorney had finished his expatiations, the chief judge allowed the Lawyer to speak briefly. The latter began to go into details about the aspects of the accused’s defense. Every time he reached the crucial point, the chief judge told him to get to the point and make his demands. When this happened again, I saw one of the judges make a cryptic gesture in order to inform the chief judge that the Lawyer was actually talking about the point. (However, one had to excuse the chief judge because he did not know the details of the case.)

      CHIEF JUDGE The case has now been heard. Sentence will be passed after deliberation.

       7.9

      ʿĪsā ibn Hishām said: We went outside to wait while the session moved to the deliberation chamber. I asked the Lawyer how long the deliberation usually took.

      LAWYER Usually no more than an hour.

      ʿĪSĀ What’s the average number of cases per session?

      LAWYER Ten on average.

      ʿĪSĀ Is that enough time to study all the papers which go into criminal cases?

      LAWYER Certainly, although when a criminal case involves the possibility of a death sentence or hard labor, it may take two or three hours. I’ve often perused case files which have been returned from the judge who sums up to the secretary’s office for the lawyer’s perusal. We found a mark on them with one of these letters A, C, and E. A stood for acquittal, C for conviction, and E for endorsement of the verdict of the first court. The judge writes these signs so that he won’t forget his opinion on the case when he presents it to his colleagues during the deliberation process. In that way, when he gives them his opinion, he doesn’t waste time on discussion and argument.

       7.10

      But, since the criminal judge has absolute discretionary independence to decide on the verdict according to his own conscience, he has to check the proofs of confirmed guilt and innocence for himself. After that, he deliberates the entire matter for himself without any personal feeling about innocence or guilt. Once he’s convinced of the proof, he passes sentence according to the weight of evidence. In so doing, he isn’t giving way to someone else’s opinion or making do with the verdict of another. However, the final verdict is settled based on one of those three letters which the summarizing judge skims over in the seclusion of his own home.

       7.11

      As we were talking, the court resumed its session. We went back in to hear the verdict. The chief judge pronounced the Pāshā innocent because the case against him was not proven and there were cogent mitigating circumstances which kept him apart from the claims of the law. With that we left, feeling overjoyed at this piece of good fortune after so much bad luck.

      PĀSHĀ Today I cannot deny that justice still exists. But it’s so slow. This slowness is an intolerable burden on the innocent. In these trials, with all their arguments and deliberations, it would be better for the conclusion of the case to be reached at the beginning. Then people like myself would not have to suffer the shame and degradation of imprisonment, comings and goings, permissions and chamberlains, all the while being labeled and treated like a criminal. If I’m happy to be found innocent, it’s not because I feel any genuine pleasure, but rather that I feel relieved of real pain.

      LAWYER I congratulate you on your acquittal. It is my hope that you may continue to be free from the trials of being under suspicion. May you emerge from every trial like an arrow from a bow and a sword from a scabbard! My defense of you is now complete, so it only remains for you to pay me.

      Miṣbāḥ al-sharq 42, February 2, 1899⁵⁸

       8.1

      ʿĪsā ibn Hishām said: The Lawyer kept on nagging us to give him his fee. The Pāshā promised it to him by the end of the month, by which time one of his servants and retainers would be able to bring him some money from his estates and property. But the Lawyer rejected the idea of deferred payment and demanded payment on the spot.

      LAWYER (to the Pāshā) Do you imagine such promises can take the place of cash in a country where there are so many expenses and daily needs keep increasing, a place where profits are as scarce as common decency, and the dirham is more valuable to a father than his own son and vice versa? This case has exhausted me in two ways: fingers and heart. The only relief I can get from such exhaustion is for you to pay me with some of that ringing gold stuff. Don’t dismiss me with promises, even though you are a man of integrity; but rather with cash—then I’ll be grateful. I don’t want to be in the position that the poet al-Mutanabbī describes in his line:

      I’m rich, but my wealth is all in promises.⁵⁹

      Don’t get to the end of one case simply to start another and be rid of one misfortune only to fall into another. That’s not the kind of thing for intelligent men to do; people of discretion should not embark upon such a course.

       8.2

      ʿĪsā ibn Hishām said: I noticed the Pāshā was rapidly losing his temper, so much so that he could hardly speak. At this point I prudently intervened between the two of them. There was no form of humble petition that I did not try, no kind of polite request that I did not essay. Eventually my pleadings and fawnings persuaded the Lawyer to agree to a deferment of payment till the Pāshā’s circumstances changed from difficulty to ease and from crippling poverty to wealth and affluence. I told him all the usual things about generosity and magnanimity: how one should show consideration to people in trouble; that, whenever anyone pauses to consider the role of fate and the lessons of time, his temper calms down and his СКАЧАТЬ