‘GAZETTEER OF PERSIA VOL. I Comprising the Provinces of ASTARÁBÁD, SHÁHRUD-BÚSTAN, KHÚRÁSÁN, AND SÍSTÁN’ [‎247r] (500/722)

of that race were accustomed to pass a great part of their time in the
harem. The consequence was, that they fell under the dominion of women
and of eunuchs. The latter sometimes were promoted to the first positions
in the kingdom, and always exercised a commanding influence. The chiefs
of warlike tribes, who have since the downfall of this family filled the
throne of Persia, have not yet changed the manly habits of their ancestors
for usages of so degenerate a character, and eunuchs are very seldom
employed beyond the walls of the harem. The chief officers of the king's
household—those who preside over the ceremonies of the court and his
domestics—have not necessarily any official concern with the affairs of gov
ernment ; but as they often, particularly the latter, become great favour
ites, and enjoy more of the personal confidence of their master than his
ministers, they attain, in an indirect manner, a considerable influence, if not
authority, in the state.
The law of Persia, like that of all Muhammadan nations, is founded
upon the Kuran and the traditions. From this circumstance the duties of
the priest and the judge are combined; and the hierarchy has attained
great power, from the priests being the administrators of the sacred law, and
having in that capacity the ability to shield the people in some degree
from those incessant attacks to which they are exposed from the violence
and rapacity of their sovereigns and rulers.
Justice is administered in Persia in two distinct modes, regarding which
a few observations will be useful, not merely to explain their origin, but to
elucidate those causes which lead to their frequent collision. The written law,
which Persia has in common with every Muhammadan country, is termed
‘ shara '•—it is founded on the Kuran; and the ‘ siina,' or oral traditions.
But since the establishment of the faith of the Shiahs as the national reli
gion in Persia, learned men of the ecclesiastical order, who administer this
law, have rejected all traditions which come from the three first khalifahs,
or from others whom they deem the personal enemies of Ah and the family
of the Prophet.
By the theory of a Muhammadan government, there should be no other
courts of justice except those established for the administration of the
c shara,' or written law ; but in Persia there is another branch of judica
ture, which is termed c urf/ a word which means ‘ known ' or < custom
ary '; and the name is referable to the principle that should govern the
secular magistrates by whom it is administered, who ought to decide all
cases brought before them according to precedent or custom. This law, if
it can be termed such, is never written; for Muhammadans can have no
written laws but the Kuran and traditions. It varies in different parts of
the empire, because it has reference to local as well as common usasres.
The king, as temporal monarch, is at the head of the f urf/ or customary
law, which may indeed be considered through all its branches an emanation
from the royal authority; although it is administered upon principles that
are grounded on a professed regard for the habits and prejudices of the
people.
There can be no doubt respecting the origin of this system. The rulers
and chiefs of Persia, though converts to the Muhammadan faith, have
either been disposed to sacrifice at the shrine of the religion they embraced
their temporal power, or the laws and usages which they had inherited from
their forefathers; and, while they submitted to those ordinances which were
deemed sacred and indispensable, they have preserved, as more conformable