Page:Christiaan Snouck Hurgronje - The Achehnese - tr. Arthur Warren Swete O'Sullivan (1906).djvu/129

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the hands of the ulèëbalang by the so-called friendly settlements effected by his imeums and keuchiʾs.

How far the ulèëbalang can, in the event for example of a hostile invasion of his territory, reckon upon the help of the above-mentioned officials and of his subjects in general, depends entirely on his personal tact and energy and the influence of his family connections. Though the bantas are his relatives, he must find means to attach them to his cause; the rakans elope if sufficient attention is not paid to their maintenance; the imeums and keuchiʾs in times of difficulty and danger will only follow an ulèëbalang who is able to inspire them with fear or with affection, and otherwise remain inactive or even lend their support to the enemy. Furthermore, the chief who has powerful allies outside his own territory can always exert more influence over his own people.

There is hardly any trace of systematic management in regard to affairs of general interest. The maintenance of public order is effected by the punishment of open offenders, unless the offence has been already avenged either privately (as in most cases of manslaughter, hurt or other personal acts of violence) or through the adats controlling the dwellers in the gampōngs.

Administration of justice in Acheh.We now come to the administration of justice. We know that the Mohammedan law requires independent judges (kāḍhis or their deputies) who are indeed appointed by the head of the community but who, though liable to dismissal for neglect of duty, need never conform to the will of temporal authorities but alone to the all-ruling law of Allah. I have repeatedly drawn attention to the fact that this ideal is never even approximately attained.

Administration of justice in Mohammedan countries generally.This may be partly ascribable to the desire of all Mohammedan rulers to monopolize power, which makes it impossible for them to tolerate in their neighbourhood independent judges with so wide a jurisdiction. But there is more than this: the Mohammedan law is unfitted for the practical administration of justice[1], among other


  1. The ideal character of the Mohammedan law, developed as it was for the most part in the schools, out of reach of all close connection with the real requirements of daily life, has been described by the author in Mohammedaansch recht en rechtswetenschap (Indische Gids 1886) and De fiqh en de vergelykende rechtswetenschap (Rechtsgeleerd Magazijn 1886) and by Dr. Ign. Goldziher in Muhammedanisches Recht in Theorie und Wirklichkeit (Zeitschrift für vergleichende Rechtswissenschaft, vol. VIII). A further striking example of