ملف ١٩١٧/٧٥٦ الجزءان ٢-٣ "النشرات العربية أرقام ٦٦-١١٤" [ظ‎‎٢‎٥‎٣] (٨٣٤/٥١٥)

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(6) In obliging its Libyan subjects to recognise, in the
hultan of Turkey, the existence of a Caliph, the Italian Govern
ment was running counter to the belief of a large proportion
•of its subjects, who themselves realised that the Sultan lacked
one at least of the essential requisites of a Caliph according to
Moslem tradition. B
(c) In admitting that the Chief Caliph of Libya should be
nominated by the Sheikh ul-Islam at Constantinople, 2 and in
deciding that his salary should be paid by the Imperial Turkish
Government (paragraph 2 of the Modus Procedendi, and Firman
o the Sultan), and, finally, m agreeing to the nomination of
no local Kadis by the Chief Kadi, the Italian Government
lam ed over the native legal administration to a foreign
Government and renounced no small part of its own sovereign
ghts. It further confirmed the illegality of its occupation of
Libya and placed in a foreign Government’s hands the whole
of the Wakf Administration of the country.
The lta lian Government came to admit a sort of vice-
Sultanate in Libya by accepting the following conditions
By allowing a special representative of the Sultan, in his
apacity as Caliph, for the so-called safeguarding of religious
Procedltd^ 1 ^ f 1 ! 1 ' 0 *! 11 ’ and P ara g ra P h 2 the Modus
become^h’ °h\ a i he I ? per,al Firmm cal!s him . and, as has
ome the habit in subsequent publications of the Italian
ScTe"that - 5 b7 fUrther admittin g> ^ a special
cle, that le susdit representant est aussi reconnu a I’effet
ottohant t e V m . t ^ et h d \ 1 ’ Empire Ottoman et des sujets
ottomans ... (Article 3 of the Royal Decree quoted) • and
last y by agreeing that his salary, instead of being paid by
Turkish budget, should be found from “ les recettes focales ”
s occurs m the case of Viceroys whose emoluments are paid by
local taxation). This Vice-Sultan even became a guaXan of
Italian XTonf- “ ° f P ° SSlbIe ^nces against the
in wtacb fh n X" & matter of fact * “ the two speeches
Inch Shems-ed-Dm announced his mission from the Sultan
said- 8 ’"! 1 *" 6 P ? PUatl ° n ° f Tripoli and Benghazi, he literally
a watchful naXon 0 ’^ 0 " T " ° n behalf ° f the Sultan and aa
tchfol patron (»a»6a» ‘am-s-Sultan wa waUyan shahidan).
be nomina ed bv D t ‘X j Upreme in Libya is to
the local Kadis I i' Stated m P ara graph (c), and that
tLs for Lie Tta m P nominated by him, further complica-
ns tor the Italian Government must ensue The Turks in
ecTnfhTlf ofTa t^r ^ ^ool, which duriJ’X
second half of last century, they also imposed on Libya where
however, the inhabitants, by century-long custom and habit’
iad been following the Malakite school. In 1912 , however’