File 705/1916 Pt 2 'Arab revolt: Arab reports; Sir M Sykes' reports' [‎167r] (331/450)

be regretted, as it materially detracts from the utility of the jurists. The jurist receives
half the court fees, and no difficulty has arisen over this provision of the code. When
large interests are involved the very considerable fees which fall to the jurist should go
far to place him beyond temptation of corruption.
Inheritance. —In one branch of the law only has a change been made which might
be regarded as a destruction of existing rights. With the exception of Mohammedans
who form the large majority of the population, all classes have been brought under the
Indian Succession Act. The Christians put forward no opposition, but with the Jews
there was considerable discussion. They agreed that the continuance of the Sunni law
of inheritance was hateful to them, but the Conservative party among them wished to
return to the old Mosaic tradition, while the Progressive party were in favour of a
modern law suitable to a thriving community. The Indian Succession Act appears,
however, in practice to have worked among them also with smoothness.
Limitation. —It was necessary to waive the Indian Law of Limitations in favour of
the Turkish Civil Code by which debts can be collected after the lapse of fifteen years.
The period is no doubt too long, but it cannot be modified without full and sufficient
notice.
Court of Wards. —The Court of Wards has done much good work in a field where
it had ample opportunity for its activities. The Turkish Wards Department was a
part of the Shara‘ Court, and consisted of one Mudir (at a salary of £ T. 10 a month,
subsequently reduced to £ T . 5) and one bailifi*. A board, under the presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. of the
Cadi, was formed in connection with the Wards Department ; it was composed of the
following officials:—
The Mufti of Basra.
The Mudir of the Wards Department.
The Accountant of the Financial Department.
Two members of the municipality.
Most of the relatives of those whose estates were under the superintendence of the
Wards Department looked on the property as lost. No provision, was made for the
education of minors, and the Department was accused of mismanagement and bribery.
During the interval between the disappearance of the Turks and the establishment of
our Courts, almost all the guardians took possession of the lands of minors under their
care, and recovered the incomes themselves. The work of the Court of Mlards has
included the investigation of claims against the Turkish Mudir, the examination of the
accounts of guardians, the recovery of loans long overdue, and enquiry into the very
numerous claims connected with the estates, which are an inheritance from the Turkish
administration. Much good work has been done by the Court of Wards_ had it not
been for the salutary limitation imposed by the Court of Ward Begulation (G.O.C.
Reo-ulation No. 2 of 1915) which fetters the activity and interference of the Court in a
manner unknown in Turkish days more might have been accomplished. But this very
wholesome restraint is on the whole acceptable to the inhabitants of the country.
Incidence of the Code. —As courts have been established nowhere in the occupied
territories, except in Basra, the incidence of the Traq Code has hitherto been practically
limited to the Basra district, save that the Basra Courts will summon a man from
remoter localities to appear before them in a suit initiated at Basra.^ Outside the Basra
district the decision in civil, as well as in criminal cases, is mainly in the hands of the
Assistant Police Officers and Military Governors, and the law is defined by decrees
promulgated in the areas. They make large recourse to the arbitration of local
notables and religious men, and to settlement of cases by oath. Outside the immediate
area of the towns most cases are referred by the disputants to the tribal authorities,
Shaykhs and Saiyids, and are not brought to our cognisance. As in Basra, crime!is
rare and is mainly robbery. Itiver theft is common. Murders are rare and are
usually connected with tribal and personal blood~leuds.