'The Supposed Spiritual Authority of the Caliph' [‎8r] (4/10)

the promulgation of formal legal decisions, either on matters of state such as
declaration or war, or peace, the validity of a proposed legislative enactment or
on matters of personal law. The Shaikh-ul-Islam and the Grand Vizier took 'rank as
the two highest functionaries of the Empire, and were the only officials who were
invested by the Sultan m person ; bnt just as he was appointed by the Saltan, so the
bhaikh-uWstam might bp degraded from his high office and sent into exile In snite
ot the deference paid to his opinion, he is nevertheless a functionary of the Turkish
Orovernment, dependent for his appointment and continuance in office on the goodwill
ot the Sultan. The various legislative reforms during the 19th century have con-
siderably climmished his power and influence, by establishing courts of law in which
the shan'at is not administered ; and under the present Turkish Government the
sphere of his influence has been still more narrowed. But it is noteworthy that while
the Turkish Government has been clipping the authority of the Shaikh-ul-Tslam
within Turkish dominions, they have endeavoured in treaties with Christian Powers
to magnify his oihce, c . q ., (V x ) the Austrian Government m 190iJ agreed that the
President of the Curia of the 'ulama who control Muslim ecclesiastical affairs in
Bosnia and Herzegovina should, after having been appointed by the Kino-
Emperor, receive a diploma of investiture from the Shaikh-ul-Islam in Con
stantinople; (6) the Italian Government, in the treaty of Lausanne (19] 2), agreed
that the chief cadi of Libya should be nominated by the Shaikh-ul-lslamat in
Constantinople ; (c) the Bulgarian Government, in the treaty of Constantinople (1913),
agreed that the chief mufti should receive from the Shaikh-ul-lslamat authorisation
lor the performance of his functions, but this chief mufti is to be elected by the
Muftis of Bulgaria from among their own number; the other muftis are to be elected
by the Muhammadan electors of Bulgaria, but when the chief mufti has satisfied
himself that anj^ mufti so elected possesses all the characteristics required by the
sharl'at he is to inform the Shaikh-ul-lslamat of the need of an authorisation for the
issue of fatwas, and hand over to the new mufti the diploma so obtained; the
heudjets or judgments delivered by the muftis shall be submitted to ihe scrutiny of
the Shaikh-ul-lslamat, if the persons interested so demand ; (d) the Greek Govern
ment, in the treaty of Constantinople (1913), agreed that the chief niufti should
receive his investiture from the Shaikh-ul-lslamat, but he is to be nominated by the
King of Greece out of three candidates elected by an electoral body made up of all
the muftis of Greece ; the subordinate muftis are to be elected by the Muhammadan
electors, and are to receive from the chief mufti the authorisation to issue fatwas, in
accordance with a diploma from the Shaikh ul-Islamat conferring on the chief mufti
the right to authorise the subordinate muftis.
It is noteworthy that in the treaties with the Italian, Bulgarian and Greek
Governments, the authorisation is to come, not from the Shaikh-ul-Islam, but from
the Shaikh-ul-Islamat, i.e., a Government department.
These agreements imply an assumption of temporal authority on the part of the
Sultan of Turkey, which neither the British Government in India, nor the French
Government in Algeria would ever tolerate. In Algeria, I understand that the cadis
are still .appointed by the French Government, and in India they were appointed by )
the British Government until the passing of Act-XI. of 1864 (when official appoint^
ments wore abolished), and there are many Muhammadans in India who would wish
the British Government to resume this function.
It is therefore a matter of importance that if Turkish sovereignty over Mesopo
tamia ceases, the Shaikh-ul-Islam should at the same time cease to exercise authority
there. The Shaikh-ul-Islam is an official of the Turkish Government, appointed by
the Sultan in his capacity as Sultan, not as Caliph, and this designation was bestowed
upon the mufti of Constantinople before the Sultan himself assumed the title of
Caliph. He has never exercised authority outside Turkish dominions until the
20th century, and this assumption of authority has come about (as pointed out above)
through a misunderstanding that he possesses spiritual authority, either of his own
or through his connection with the Sultan as Caliph,
As Sir Reginald Wingate points out in his telegram, the title"Shaikh-ul-Islam
has also been given to the mufti of the Azhar in Cairo ; it used also to be given
to' the mufti in Damascus. There are muftis in Mecca, whose judgments in matters
of religious law have always received more consideration in the Muhammadan world
ihan those of the mufti of Constantinople; there are also muftis in India and other
parts of the Muhammadan world. The independence of the mufti, as an exponent of