'Military report on Tehran and adjacent Provinces of North-West Persia (including the Caspian Littoral)' [‎109r] (222/610)

within the scope of the religious law, he., roughly “civil” as
distinct from “ criminal” cases, were decided by the Mujtahids
or by the governors in conjunction with them, the actual division
of functions depending of course on the particular individuals,
and the main check on the Mujtahids being their lack of any
executive power. The codification of the law, the ministry
and administration of justice (“adliyeh”), instituted since
the revolution, have to some extent curtailed the' latitude
enjoyed by the Mujtahids of adopting their exposition of the
religious law to suit their own interests, but many Mujtahids
have become officials in this administration and non-clerical
officials are influenced by clerical pressure from outside. Many
cases moreover are kept out of the law courts and are still
decided by the arbitration of a Mujtabid.
This new judicial procedure is limited to the towns and very
few large tillages. In the country petty cases are still decided '
by the village Akhund.
The judicial decisions of the Mujtahids are notoriously venal
and given in favour of the higher bidder.
They also act as lawyers in drawing up title Meeds and
legal documents and dividing inheritances. In the city of
Tehran deeds are drawn up by a Mu j tabid, but may be taken
for registration at the Adliyeh. Elsewhere the Mujtahid’s
signature finishes the transaction.
In addition to these functions, which by non-Muhammadans
are considered to be secular, the religious duties of marriage,
divorce and burial are of course performed by the Mujtahids
without any external interference.
In addition to the fees and profits obtained from these Means of
functions the religious classes prey on public charity and many Livelihood,
Mujtahids are in receipt of pension from the Government,
often as a ‘ douceur ’ to keep them quiet.
The Muhammadan religion enjoins that offerings be made
to Shaikhs and tithes of i to Saiyids at the end of Ramazan,
and 4 payments for condonment of sins. These are no longer
given as freely as formerly but in many villages the Akhund
receives a yearly contribution of grain, etc. from each house- 1 2 3
1 i. e., those possessing “ Sulhiyeh the lowest grade of judicial officials who
deal with petty cases.
2 Qabalehjat.
3 Taqsim-i-miras, Division of inheritances is made in accordance with the
religious law on the proportion of one share for each son, a half share for each
daughter, and } share for a wife. Presents given in the father’s life time are
not taken into account.
* “ Kafareh ”, money paid to avoid becoming kafir ”•