The Book of the Thousand Nights and a Night — Volume 02 by Anonymous

Author:Anonymous [Anonymous]
Language: eng
Format: epub
Tags: Fairy tales, Tales -- Arab countries
Published: 2002-09-01T00:00:00+00:00

The maiden continued and concluded with pointing out to us what sages say, 'The best of brethren is he who is the most constant in good counsel; the best of action is that which is fairest in its consequence, and the best of praise is not that which is in the mouths of men. It is also said, 'It behoveth not the servant to neglect thanking Allah especially for two favours, health and reason.' Again it is said, 'Whoso honoureth himself, his lust is a light matter to him, and he who maketh much of his small troubles, Allah afflicteth him with the greater; he who obeyeth his own inclination neglecteth his duties and he who listeneth to the slanderer loseth the true friend. He who thinketh well of thee, do thou fulfill his thought of thee. He who exceedeth in contention sinneth, and he who against upright standeth not on ward, is not safe from the sword. Now will I tell thee somewhat of the duties of Kazis and judges. Know, O King, that no judgement serveth the cause of justice save it be given after proof positive, and it behoveth the judge to treat all people on the same level, to the intent that the great may not hunger for oppression nor the small despair of justice. Furthermore he should extract proof from the complainant and impose an oath upon the defendant; and mediation is admissible between Moslems, except it be a compromise sanctioning the unlawful or forbidding the lawful.[FN#332] If thou shalt have done aught during the day, of which thy reason is doubtful but thy good intention is proved, thou (O Kazi) shouldst revert to the right, for to do justice is a religious obligation and to return to that which is right is better than persistence in wrong. Then (O judge) thou shouldest study precedents and the law of the case and do equal justice between the suitors, withal fixing thine eyes upon the truth and committing thine affair to Allah (be He extolled and exalted!). And require thou proof of the complainant, and if he adduce evidence let him have due benefit of it; and if not, put the defendant to his oath; for this is the ordinance of Allah. Receive thou the testimony of competent Moslem witnesses, one against other, for Almighty Allah hath commanded judges to judge by externals, He Himself taking charge of the inner and secret things. It behoveth the judge also to avoid giving judge meet, whilst suffering from stress of pain or hunger,[FN#333] and that in his decisions between folk he seek the face of Allah Almighty for he whose intent is pure and who is at peace with himself, Allah shall guarantee him against what is between him and the people.' Quoth al-Zuhri,[FN#334] 'There are three things for which, if they be found in a Kazi, he should be deposed; namely, if he honour the base, if he love praise and if he fear dismissal. And Omar

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