New-York tribune., 1890-01-27
SHAHR AND URF'.
ROME PICTURESQUE FEATURES OF PERSIAN
JURISPRUDENCE.

~ THE SHAH LAWS ABOUT PRAYING,
sPEcULAT1NG AND HOUSEKEEPING.
r.,ssrapbic dispatches from Teheran report that
N.sred- Deem Shah proposes 10 make radical ana
.ur.enipc changes in the administration of law
IA iustice in Persia If this be true, and there
:. No GOOD reason for doubling it, then revolu
zion of great importance is about 10 occur In the
history of Mohammedanism. Turkey has already
Incorporated into the practice Of her courts many
of the provisions of the Code Napoleon, and EeNp'
has also borrowed many points OF European ""
The Mohammedan States of India have hNeWl9"
benefited in matters of law by contact Win Hi7
land But Persia still remains under "'e i"i'
Of the Koran as the supreme source OF law, e'
eminent and authority, and exhibits peoP'
vigorous, a nation still active WIN hedi'"S W
ity under the operation of theocI"'iV i'l"
government that belongs in spirit entreN 10 pas,
- Il is dieicnIt for our people TO understand
that in this nineteenth century coue ;" u''
from tho svstem by which we are pro'ec'cu -
,iu in active operation. Because we near solne
,ies Of acts Of cruelty or arbitrary deeds III 'ha'
ron,oto Oriental land il would, however, DC
rreat mistake TO infer that they nave no regular
system of Organized authority In ierSia' Ior quIe
tho contrary is the case, and respect toward the
law of the country and its administrators Is nearly
as prcat there as in America. IheTe are law
brea kers here and law-breakers there but IN each
country the law-abiding citizens greatly in
tho majority or chaos would he the result.
But the reverence OF the Pcrsians for law is
based largely upon their belief in a Supreme
Renc. and il is the word of God as expressed and
irternreted by Mohammed His Prophet. which
forms the foundation of authority in Persia. Take
away that belief and anarchy would ensue, unless
q secular code and procedure were introduced by
a sovereign sufficiently popular. intelligent and
firm 10 establish such revolution in the Empire.
II II be true that the Shah has indeed undertaken
such a tremendous reform, then he must have
well considered the possible consequences. for
there is no doubt that such radical change must
and will meet with great opposition, and may
perhaps cause nsuboTdination in certain quarters.
There are TWO forms of law in Persia, the Shahr
and the Irf, the religious and the oral or secular
law The former is the basis of the latter, and
by far the most important
TWO FORMS OF PERSIAN LAW.
Fully 10 understand the authority of the Shahr,
we must take into account the fact that Moham-
medans are divided into two great sectS although,
like Christianity. Mohammedanism includes many
subdivisions on minor points Of belief, Yet mono
Of these are of importance as compared with the
two great sectS called the Sunncc and Shcah
factions.
and AfchanS belong. believe that the succession
of tie caliphate inhcrcd in the line Of Moavisch
the latter represented chiefly by the Persians. be-
lreve that the caiiphatc belonged by natural right
in the line Of Fathimeh-the daughter of the
Prophet. and her husband Alec. who was assas-
sinated The twelve Holy Imams, or priests, de
scended from Fathimeh and Alec have been the
chief custodians and cNpoundcrs of the laws Of
bo liCb nrie I hp !,
faith, who is stationed at the tomb of Alec a.
Kertelah. near Bacdad. is called the Arch Mush-
tahed Persia in turn. has its own special great
Mushtahed, who must be instructed al the fee, Of
the Mushtahed Of Kerbeah; ne resides al Tehcran
and is the most important man in Persia. He
holds the power TO make and unmake kings. TO
give final decision on all points of law. TO pre-
vent to declare war. being in fact the source
Of dominion in that ancient country. \ word
from him would hurl the Shah from the throne
or cause the slaughter Of every unbeleycr in tho
country. Before tie world the Shah is the chief
and unlimited ruler and proprietor of Persia.
But he is az the same time the guardian OF tho
faith. and as such can do nothing that would en-
danger the faith; and hence in every important
transaction ne must consult and have the APP
p1oval of the Chief Mu>htahcd Of Persia. who is
supported by the great, thoroughly organized and
ianatcal body Of the priesthood, who present a
determined opposition 10 innovation and p-o-ress
When. therefore. We learn that Nasr-cd-Deen Shah,
whose name means the defender OF the faith, is
about TO rcorganze the Persian system Of govern
ment and law. wc perceive, in view Of The above
facts. that lie viii require unusual wisdom and
decision in order 70 accomplish bis purpose
TIE DUTIES OF THE CHIEF MUsHTAHED.
The Chief Mushtahed held, no stately and
solemn court of adJudicaturc before which cases
may be brought and finally decided. But he lives
like any simple Persian gentleman, and questions
appealed to him are presented IN the most in
formal manner Generally in order probably IA
insure impartiality a supposed case is briefly
written on small sheet Of paper This may be
either laid before him officially or by friend
possibly favorite wife, who has been approached
by the wife Of the party seeking the great
expounder's7 opinion. After weighing the matter
deciding sometimes within few moments. the
Chief Mushtahcd writes on a corner of The
document apt extract from the Koran bearing
on the subject. and adds the impression Of bis
seal on which his name is inscribed. and u
counterfeit which is death That settles the qucs
ton very important affair pending for oycl
year during my residence in Persia. bc'wccI
our citizens and prominent favoriie Of the Nhal
who had been invading their property rights, Wa
satisfactorily and finally arranged by such dc
csion from the Chief Mushtahcd.
The present incumbent Of that lofty position
is Hadji Mollah Alec He is an elderly gentle
man, Of digniiied department. Although posscsseD
Of such power as well as wealth. he assumes al
OstentatiouS simplicity. In a country where NJ
gentleman rides abroad without several monntc,
attendants and where high officials are to be
seen with scores OF Hvcried rctainers iIadJ
,Mollah Alec goes through the streets on Whit
mule with but single attendant Bat the crowc
parts before him like the waves before a Ship
and all stand and revcIcntly bow as he passes
for in his hand is the destiny Of Persia. But h'
is a kindly, mild-tcmpered man. prudent. rcpute'
TO be incorruptiblc. and disincliucd 10 cAtrcm