‘GAZETTEER OF PERSIA VOL. I Comprising the Provinces of ASTARÁBÁD, SHÁHRUD-BÚSTAN, KHÚRÁSÁN, AND SÍSTÁN’ [‎248r] (502/722)

and to pretend, if they do not feel, a veneration for the man who has
attained this sacred rank. There are seldom more than three or four
priests of the dignity of mujtahid in Persia * Their conduct is expected
to be exemplary, and to show no worldly bias; neither must they connect
themselves with the king or the officers of government. They seldom
depart from that character to which they owe their rank. The reason
is obvious. The moment they deviate, the charm is broken which constitutes
their power. Men no longer solicit their advice or implore their protection;
nor can they hope to see the monarch of the country courting popularity
by walking to their humble dwellings, and placing them on the seat of
honour when they condescend to visit his court. When a mujtahid dies,
his successor is always a person of the most eminent rank in the eccle
siastical order; and though he may be pointed out to the populace by
others of the same class seeking him as an associate, it is rare to hear of
any intrigues being employed to obtain this enviable dignity.
ihe mujtahids of Persia exercise a great, though undefined, power over
the courts of shara, or written law, the judges of which constantly
submit cases to their superior knowledge; and their sentence is deemed
irrevocable, unless by a mujtahid, whose learning and sanctity are of
acknowledged higher repute than that of the person by whom judgment
has been pronounced. But the benefits which the inhabitants of Persia
derive from the influence of these high priests is not limited to their occa
sional aid to the courts of justice. The law is respected on account of the
character of its ministers ; kings fear to attack the decrees of tribunals
over which they may be said to preside, and frequently endeavour to obtain
popularity by referring cases to their decision. The sovereign, when no
others dare approach him, cannot refuse to listen to a revered mujtahid,
when he becomes an intercessor for the guilty. The habitations of this
high order of priesthood are deemed sanctuaries for the oppressed ; and the
hand of despotic power is sometimes taken off a city, because the monarch
will not offend a mujtahid, who has chosen it for his residence, but who
refuses to dwell amid violence and injustice.
The next in rank to the mujtahid is the shaikh-ul-Islam—a term
which literally means ‘ the elder or chief of the faith/ but which in its
common sense signifies ‘ the supreme judge of the court of shara/ or written
law. There is a shaikh-ul-Islam to every principal city in Persia. He is
nominated by the king, from whom he receives a liberal salary; but it
is a station in which the desire and wishes of the inhabitants are almost
invariably consulted, and one to which the individual is usually promoted
from a general belief of his superior sanctity and knowledge. These
officers often attain a respect hardly inferior to that enjoyed by the mujtahid.
They studiously avoid any open connection with men in power, as
even the appearance of such an intercourse would lose them the respect
and confidence of the people, who are naturally very jealous of their inde
pendence and integrity. In large cities there is a kazf, or judge, under
the shaikh-ul-Islam; and the latter has in general the further aid of a
council of mullas, or learned men, many of whom give their services
gratuitously, in the hope of increasing their reputation, or of recommending
themselves to notice and employment. In the lesser towns there is only a
kazi; and in villages they have seldom more than an inferior mulla,
* This is said to be no longer true.