ملف ٧٠٥/١٩١٦ الجزء ٢ "انتفاضة عربية: التقارير العربية؛ تقارير السير م. سايكس" [ظ‎‎١‎٥‎٥] (٤٥٠/٣٠٨)

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drawn up by Turkish jurists. A large number of cases were beyond the jurisdicton of
the ordinary civil Courts; such were domestic disputes, marriage, divorce, relations
between husband and wife or father and child, inheritance, and all questions relating to
land. These were dealt with in the c ‘ ecclesiastical Courts by Shara law. The
religious law administered in the Shara’ Courts and those which applied the Muj^tq
code was that of one school of the Sunni—and this in Mesopotamia, where 90 per cem.
of population is Shiah. Theoretically the same law was administered throughout the
Empire, but in the Arab country it was practically operative only in the towns.
Elsewhere recourse was had|to the Emir or to the headman, who judged without code or
settled procedure ; or to the tribal Saiyid who acted as arbitrator.
For the people of whom Miss Bell here speaks, Sir John Nixon, as General Officer
Commanding the Army of Occupation, promulgated a Code, of which the Chief Political
Officer has sent a copy.
The effect of the promulgation of this Code is practically to apply the law, civil and
criminal, of British India to the occupied territory : and, in a schedule attached, between
thirty and forty Indian Acts are set out as having the force of law. Among these are
the Indian Contract Act, the Indian Companies Act, the Indian Merchandise Marks
Act, the Indian Merchant Shipping Acts, the Negotiable Instruments Act, and the
Indian Lunacy Act.
Provision is, however, made for cases which came within the jurisdiction of the
Shara’ Courts. Proceedings are instituted in the British Court, by which the matter is
referred to a Mohammedan jurist for arbitration, such jurist to be selected, as far as
possible, by the parties. His decision may, in certain circumstances, be referred back
for further consideration : should he refuse or fail to revise it, the decision is treated as
void and the matter is referred to another. In certain circumstances, too, a decision
may be set aside; but this is only done in case of corruption or misconduct on the part
of the jurist, or fraudulent deceit on that of one of the parties. Eventually, when an
unchallenged decision has been given, judgment, in accordance with that decision, is
given by the British Court.
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