He may do what he pleases as long
as he pays his rent with punctuality and provides presents and _douceurs_
for the Pasha of Mocha. He punishes the petty offences of theft, quarrels,
and arson by fines, the bastinado, the stocks, or confinement in an Arish
or thatch-hut: the latter is a severe penalty, as the prisoner must
provide himself with food. In cases of murder, he either refers to Mocha
or he carries out the Kisas--lex talionis--by delivering the slayer to the
relatives of the slain. The Kazi has the administration of the Shariat or
religious law: he cannot, however, pronounce sentence without the
Governor's permission; and generally his powers are confined to questions
of divorce, alimony, manumission, the wound-mulct, and similar cases which
come within Koranic jurisdiction. Thus the religious code is ancillary and
often opposed to "El Jabr,"--"the tyranny,"--the popular designation of
what we call Civil Law. [29] Yet is El Jabr, despite its name, generally
preferred by the worldly wise. The Governor contents himself with a
moderate bribe, the Kazi is insatiable: the former may possibly allow you
to escape unplundered, the latter assuredly will not. This I believe to be
the history of religious jurisdiction in most parts of the world.
FOOTNOTES
[1] Eusebius declares that the Abyssinians migrated from Asia to Africa
whilst the Hebrews were in Egypt (circ. A. M. 2345); and Syncellus places
the event about the age of the Judges.
[2] Moslems, ever fond of philological fable, thus derive the word Galla.
When Ullabu, the chief, was summoned by Mohammed to Islamise, the
messenger returned to report that "he said _no_,"--Kal la pronounced Gal
la,--which impious refusal, said the Prophet, should from that time become
the name of the race.
[3] Others have derived them from Metcha, Karaiyo, and Tulema, three sons
of an AEthiopian Emperor by a female slave. They have, according to some
travellers, a prophecy that one day they will march to the east and north,
and conquer the inheritance of their Jewish ancestors. Mr. Johnston
asserts that the word Galla is "merely another form of _Calla_, which in
the ancient Persian, Sanscrit, Celtic, and their modern derivative
languages, under modified, but not changed terms, is expressive of
blackness." The Gallas, however, are not a black people.
[4] The Aden stone has been supposed to name the "Berbers," who must have
been Gallas from the vicinity of Berberah. A certain amount of doubt still
hangs on the interpretation: the Rev. Mr. Forster and Dr. Bird being the
principal contrasts.
_Rev. Mr. Forster._ _Dr. Bird_
"We assailed with cries of "He, the Syrian philosopher
hatred and rage the Abyssinians in Abadan, Bishop of
and Berbers. Cape Aden, who inscribed this
in the desert, blesses the
"We rode forth wrathfully institution of the faith."
against this refuse of mankind."
[5] This word is generally translated Abyssinia; oriental geographers,
however, use it in a more extended sense. The Turks have held possessions
in "Habash," in Abyssinia never.
[6] The same words are repeated in the Infak el Maysur fl Tarikh bilad el
Takrur (Appendix to Denham and Clapperton's Travels, No. xii.), again
confounding the Berbers and the Somal. Afrikus, according to that author,
was a king of Yemen who expelled the Berbers from Syria!
[7] The learned Somal invariably spell their national name with an initial
Sin, and disregard the derivation from Saumal ([Arabic]), which would
allude to the hardihood of the wild people. An intelligent modern
traveller derives "Somali" from the Abyssinian "Soumahe" or heathens, and
asserts that it corresponds with the Arabic word Kafir or unbeliever, the
name by which Edrisi, the Arabian geographer, knew and described the
inhabitants of the Affah (Afar) coast, to the east of the Straits of Bab
el Mandeb. Such derivation is, however, unadvisable.
[8] According to others he was the son of Abdullah. The written
genealogies of the Somal were, it is said, stolen by the Sherifs of Yemen,
who feared to leave with the wild people documents that prove the nobility
of their descent.
[9] The salient doubt suggested by this genealogy is the barbarous nature
of the names. A noble Arab would not call his children Gerhajis, Awal, and
Rambad.
[10] Lieut. Cruttenden applies the term Edoor (Aydur) to the descendants
of Ishak, the children of Gerhajis, Awal, and Jailah. His informants and
mine differ, therefore, _toto coelo_. According to some, Dirr was the
father of Aydur; others make Dirr (it has been written Tir and Durr) to
have been the name of the Galla family into which Shaykh Ishak married.
[11] Some travellers make Jabarti or Ghiberti to signify "slaves" from the
Abyssinian Guebra; others "Strong in the Faith" (El Islam). Bruce applies
it to the Moslems of Abyssinia: it is still used, though rarely, by the
Somal, who in these times generally designate by it the Sawahili or Negro
Moslems.
[12] The same scandalous story is told of the venerable patron saint of
Aden, the Sherif Haydrus.
[13] Darud bin Ismail's tomb is near the Yubbay Tug in the windward
mountains; an account of it will be found in Lieut. Speke's diary.
[14] The two rivers Shebayli and Juba.
[15] Curious to any this mixture does not destroy the hair; it would soon
render a European bald. Some of the Somal have applied it to their beards;
the result has been the breaking and falling off of the filaments.
[16] Few Somal except the citizens smoke, on account of the expense, all,
however, use the Takhzinah or quid.
[17] The best description of the dress is that of Fenelon: "Leurs habits
sont aises a faire, car en ce doux climat on ne porte qu'une piece
d'etoffe fine et legere, qui n'est point taillee, et que chacun met a
longs plis autour de son corps pour la modestie; lui donnant la forme
qu'il veut."
[18] Equivalent to reading out the Church Catechism at an English wedding.
