'IRAQ AND THE PERSIAN GULF' [‎255r] (512/862)

HISTORICAL ORIGINS 385
which was based on the Indian Civil and Criminal Codes. This also
the reference of any suit in which at least one party was
a Moslem, and especially in matters of personal status, to Islamic
Sharia courts; the selection of the native judges for this purpose was
left to the litigants. This arrangement worked quite satisfactorily,
being especially welcome to the Shias, who thereby for the first time
secured judges from their own community. Criminal trials with
very few exceptions came before military courts, but serious crime
was surprisingly rare. In civil matters the practice of the Ottoman
period was continued in an extensive use of arbitration. The fore
going applied solely to the townspeople. Among the tribes the ad
ministration of justice had always rested with the shaikhs despite the
frequent efforts of the Ottoman authorities to secure the substitution
of their own machinery. The British authorities legalized this practice
by the Tribal Disputes Regulation of 1916, and even extended it to
the communities of religious minorities such as the Sabians. An
important practical change both in the judicial system and in admini
stration was the substitution of Arabic, the native tongue, for Turkish
as the official language.
Immediate work had to be undertaken by the military authorities
for the improvement of health and sanitation. Here the interest of
the civil population and of the forces could not be separated. The
military authorities had to start almost from the foundation. The
confidence of the people, which was essential to success, was soon
secured, and the public health began to improve. The services of
British doctors and hospitals were undoubtedly a major factor in
securing the friendliness of the population in the early days of the
British occupation.
With the extension of the occupation the need for a closer organiza
tion of the system of administration became apparent. In July 1917,
four months after the capture of Baghdad, the status of the Chief
Political Officer was raised to that of Civil Commissioner. His duties
were defined in the following terms:
‘The civil administration must be carried on under such military super
vision as the General Officer Commanding in Chief considers essential,
with due regard to local conditions and prejudices. . . . For the present
only such minimum of administrative efficiency should be aimed at as is
necessary for the maintenance of order and to meet the requirements of
the Forces; the amendment of laws and the introduction of reforms should
be kept within the narrowest possible limits.’
At the same time the Civil Commissioner was made responsible to