"سيستان، بلاد فارس وسيستان" [ظ‎‎١‎٦‎٦] (٦١٧/٣٤١)

Charitable
foundations®
General remarks.
Administration,
The Religious Law,
“ Sharh
The “Ulema.”
The “Urf,” or law
of custom.
• , ^h\p them to prosecute their studies, which they
The students receive pensions ^ Minister or Government. The same
carry out quite independently ot a , gpeciai demands are made,
holds good also with the « ^“"4 on fevou'ritism, hereditary right &c and
The pensions to private mdiy . 1 seldom benefits by the death of the
are rarely granted for good serace is sup p 0S ed to lapse, two-thirds
descending '>*es fche M1 S " m ’ a " d Go ™' nmen ‘ is
invariably mulcted of its rights. , . c i ] ec | property left by the charitably
ll ^stft'sssrjs£&sJsii uw-u—. - <a
COm T!teabsLZ7/Zve™meTZ^ is k ”°;™ f the , ralue
these 1 " In the time of AU^ ^not
less than 9,000,000 tomans per annum . at the present t d » ubt that a ve j
4,000,000 tomans as a probable figure, m any case, tneie
sum e *P™ of t he revenue rests primarily with the legal trustee, who is theoreti
cally responsible for his trust; practically he is giver, a free band and misappropriation or
peculation is the chief feature of the system. Of administration by higher authonty there
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, hut to place the liberal sciences within
reach of large numbers of students.
The charitable foundations are either lying idle or dwindling through corruption.
The Government shirks all responsibility, and prefers to leave the field open to exploita
tion.
The income accruing from the bequests would, under the most ordinary management,
suffice to repair perhaps every caravanserai in the country, and to restore the colleges to a
high state of prosperity.
It is difficult to account for the apathy.
No. 7. — The Ministry of Justice.
The office of Minister of Justice has until quite lately 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
Ulema according to 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 his 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.
TherP if W 6 ^ th r? S m m °f ] ^ V h necessar - v to explain the method of administration,
v J one codffied law in Persia, denominated the “ Sharh” or Religious I,aw. It is
based on the Koran and traditions, and has been developed by celebrated iuris-
oon S t™ ts Tib tSnV T UenCe - 11 l akes n0te 0f P A civil matters, divorces,
the cxceBtion of tCf 1 ? 0f iF r0peli i y ’- aI - d cert!un niatt '' rs of criminal jurisdiction. With
tne exception of the latter all are administered by the Ulema.
colleges 6 of KerbelT ^ StudentS wh °> after studvin § ^he great
appefSinffio t 0 sl h & as +1 te \ c ^ s and expounders of all questions
sSle, and tLugh theifne^e? hTvfnot thi f i is independent and irrespon-
Europe, yet then- influenoo k l-A- mu - h f ° rCe °f J ud g me nts as such are understood in
tion of their decisions rests with the civiT' 1 '°T eve !^ 18 En'uted, in that the execu-
speak, entirely judicial. authorities, the office of the Ulema being, so to
as thl Urf/’ 1 based olu^g^andftmlitiom 6 ^written law commonly known
power to
m, JJ - . — & v, LiauiblUIl.
enforce the executio^onfiTjud^ment 1 ^' Co Y ° ( ffiCial 1 ° f wI ?° ma > T have P
There is no special ruliup-^Tnfi ^ om P eten r ce depends on that factor alone.
power to represent their grievances wherever fL° CaSeS ’ th ?P ar t ies - concerned having the
to do so. k^vances wherever they may consider it to their best interests
The execution of sentences generally rests with the authority delivering judgment.