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ruler, expressed often in what are called Qanuns, statutes. Thus, in Turkey at
the present day, besides the codices of canon law, there is an accepted and authoritative
corpus of such Qanuns. It is based on the Code Napoleon and administered by
courts under the Minister of Justice. This is the nearest approach in Islam to the
development by statute, which comes last in Sir Henry Maine's analysis of the growth of
law. The court guided by these Qanuns decides all matters of public and criminal
law, all affairs between man and man. Such is the legal situation throughout the whole
Muslim world, from Sulu to the Atlantic and from Africa to China. The canon lawyers, on
their side, have never admitted this to be anything but flat usurpation. There have not
failed some even who branded as heretics and unbelievers those who took any part in such
courts of the world and the devil. They look back to the good old days of the rightly
guided Khalifas, when there was but one law in Islam, and forward to the days of the Mahdi
when that law will be restored. There, between a dead past and a hopeless future, we may
leave them. The real future is not theirs. Law is greater than lawyers, and it works in
the end for justice and life.
Finally, it may be well to notice an important and necessary modification which holds
as to the above statement that a Muslim may choose any one of the four schools and may
then follow its rules. As might be expected, geographical influences weigh overwhelmingly
in this choice. Certain countries are Hanifite or Shafi'ite; in each, adherents of the
other
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sects are rare. This geographical position may be given roughly as follows: central
Asia, northern India, and the Turks everywhere are Hanifite. Lower Egypt, Syria, southern
India and the Malay Archipelago are Shafi'ite. Upper Egypt and North Africa west of Egypt
are Malikite. Practically, only the Wahhabites in central Arabia are Hanbalites. Further,
the position holds in Islam that the country, as a whole, follows the legal creed of its
ruler, just as it follows his religion. It is not only cuius regio eius religio,
but cuius religio eius lex. Again and again, a revolution in the state has driven
one legal school from power and installed another. Yet the situation occurs sometimes that
a sovereign finds his people divided into two parties, each following a different rite,
and he then recognizes both by appointing Qadis belonging to both, and enforcing the
decisions of these Qadis. Thus, at Zanzibar, at present, there are eight Ibadite judges
and two Shafi'ite, all appointed by the Sultan and backed by his authority. On the other
hand, the Turkish government, ever since it felt itself strong enough, has thrown the full
weight of its influence on the Hanifite side. In almost all countries under its rule it
appoints Hanifite judges only; valid legal decisions can be pronounced only according to
that rite. The private needs of non-Hanifites are met by the appointment of salaried Muftisgivers
of fatwas, or legal opinionsof the other rites.
In the above sketch there have been of necessity two considerable omissions. The one is
of Shi'ite and the other of Ibadite law. Neither seems of sufficient importance to call
for separate treatment.
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