'Memorandum by Sir M Durand on the situation in Persia' [‎44v] (22/42)

22
Charitable
foundations.
General remarks.
1o jol
Administration.
The Religious Law,
" Sharh.’'
The “Ulema.”
The “Urf,” or law
of custom.
The students receive pensions to enable them to prosecute their studies, which they
caii} out quite independently of all control of the Minister or Government. The
oWsgood also with the Ulema and Syeds, on whom no special demands are made.
T e pensions to private individuals depend on favouritism, hereditary ri°ht, &c., and
are rarely granted for good service. The State seldom benefits by the death of the
pensioners, for though one-third of the sum granted is supposed to lapse, two-thirds
descending to the family, well-placed bribes secure the full sum, and Government is
invariably mulcted of its rights.
Charitable foundations consist chiefly of landed property left by the charitably
disposed for the building and maintenance of religious schools, mosques, tombs: for the
construction and maintenance of caravanserais, roads, &c.
!n the absence of Government control and registration, little is known of the value of
these chanties. In the time of Nadir Ali Shah the revenue is supposed to have been not
i 6 ^^ 95000 ’ 000 t0manS per annum ; at the present time a rough estimate mentions
4,000,000 tomans 10,000 Persian dinars, or a gold coin of that value. as a probable figure; in anv case, there is little doubt that a very lar^e
sum is annually expended. ^
The management of the revenue rests primarily with the legal trustee, who is theoreti-
cally responsible for his trust; practically he is given a free hand, and misappropriation or
peculation is the chief feature of the system. Of administration bv higher authoritv there
is none. . « j
' Only in one foundation does Government directly interfere, the Holy Tomb at Meshed
being the exception to the general rule.
The system, both as regards pensions and charitable foundations, presents many
anomalies Government receives little or no return for its large expenditure in pensions,
and instead of by their means wielding an enormous influence over that troublesome class
of people, the students and Moolahs, is more or less a slave in their hands. The moneys
wasted on so-called theological training, if directed into proper educational channels, would
serve not only to spread theological knowledge, but to place the liberal sciences within
reach of large numbers of students.
The charitable foundations are either lying idle or dwindling through corruption,
tion ^ 0Vernment spirps aP responsibility, and prefers to leave the field open to exploita-
'lhe income accruing from the bequests would, under the most ordinary management,
suffice to repair perhaps every caravanserai A roadside inn providing accommodation for caravans (groups of travellers). in the country, and to restore the colleges to a
nigh state of prosperity.
It is difficult to account for the apathy.
No. 7.— T/ie Ministry of Justice.
Ihe office of Minister of Justice has until quite latelv been united to that of Com
merce.
The duties of the Minister of Justice theoretically consist of taking general note of
the law throughout the country, of enforcing the execution of judgments delivered bythe
f pd® r ^ a , acc< j )Upn S 1° the Religious Law, and of hearing all cases referred to him under the
Urf, or law of custom. As a matter of fact, the power of the Minister is quite a personal
matter; at times his influence may extend far afield, at others hardly reaching beyond the
walls of Ins own dwelling. A strong Minister will have his agents in every province and
chief town to take note of the local course of justice; but it seldom happens that the chief
is sufficiently influential to invest his agents with proper authority.
A glance at the system of law is necessary to explain the method of administration.
Ihere is but one codified law in Persia, denominated the “Sharh,” or Religious Law. It is
based on the Koran and traditions, and has been developed by celebrated juris
consults to a degree of excellence. It takes note of many purely civil matters, divorces,
contracts, wills, transfers of property, and certain matters of criminal jurisdiction. With
the exception of the latter all are administered by the Ulema.
The Ulema are recruited from religious students who, after studying at the great
colleges of Kerbela, Nejf-Samara, qualify as teachers and expounders of all questions
appertaining to the Sharh. Once qualified, the Mujtahid is independent and irrespon
sible, and though their Decrees have not the force of judgments as such are understood in
Lurope, yet their influence is great. Their power, however, is limited, in that the execu
tion of their decisions rests with the civil authorities, the office of the Ulema bein°-, so to
speak, entirely judicial. 0
In addition to the Sharh, there is the uncodified, unwritten law commonly known
as the k ' Urf, 5 based on usage and tradition.
The Urf is now administered by any official of rank who may have power to
enforce the execution of his judgment. Competence depends on that factor alone.
Ihere is no sjjecial ruling as to the hearing of cases, the parties concerned having the
power to represent their grievances wherever they may consider it to their best interests
to do so.
The execution of sentences generally rests with the authority delivering judgment.