ARAB ADMINISTRATION
1. _Through the Arab Chiefs_
It can be said that in the northern districts of Algeria, where
civilian rule is supreme, the Arab chief’s position is more
honorary than anything else. It is true that he holds the same
titles as his brethren in the south and that he is responsible for
an area comprising many _douars_, but his authority is very limited
owing to his constant contact with the local _administrateurs_.
In the south it is very different. Here we are among the nomad
tribes, who, though they have certain fixed limits of pasturage,
roam over vast areas and great tracts of land, rarely remaining
one week in the same place.
It would therefore be materially impossible for any European
administration to deal directly with these people always on the
move, and who have dialects and pronunciation which only an Arab
can understand.
The French Government, therefore, appoints Arab chiefs, who,
to all intents and purposes, rule over the nomads, and who are
responsible for law and order among the people and for the levying
of taxes. The head of the Arab chiefs, who is ruler over the whole
tribe or confederation of tribes, is known as the _bash agha_. He
is appointed by the Governor-General, and he is chosen for his
authority, for his capacity as an administrator and for the name
he bears.
It must be remembered, however, that though the Government tries
as far as possible to appoint men of noble lineage, this is not
necessarily done, and the Government does not recognize any sort
of official succession from father to son. If the eldest son is
considered worthy of the post he is probably appointed to take
his father’s place, but cases occur where a distant relation,
and sometimes an Arab chief of another family is brought in, if
the actual ruling house is considered unworthy.
The _bash agha_ has under him one or two _aghas_ whom he recommends
to the Bureau Arabe for appointment. One of the _aghas_ is often
his eldest son, but here again there is no rule.
The confederation of tribes is divided into subtribes, which,
though they each have their own name, all belong to the main clan.
These differ in numbers, but the confederation is usually composed of
from ten to twenty tribes. These tribes are estimated by the numbers
of tents or heads of families they contain. They each represent
about two thousand people and have at their head a _caïd_. It is,
moreover, interesting to note that the _bash agha_ and the _aghas_
belong to one of these tribes of which they are honorary chiefs.
The _caïd_ is, as in the case of the _agha_, recommended
by the _bash agha_ to the Bureau Arabe, who, if agreeable to
the recommendation, passes it on to the Governor-General for
confirmation. Here, again, they try as far as possible to select the
_caïds_ from the same family as the _bash agha_. The appointment
of the _caïd_ is most important, as it is he who is in direct
touch with the tribe wherever it happens to be. He is assisted in
his duties by the _khaliphat_, who does all the clerical work and
who acts in the place of the _caïd_ when he is absent.
The _caïd’s_ tribe is subdivided into four or five
“fractions,” each under a _sheik_. The _sheik_—about whom so
much fantastic literature has been written, and who, though he may
be a cultivated man, is usually so by accident—has a small command,
and his authority depends on his personality. He can usually neither
speak nor write French, and to the casual visitor differs in no
way exteriorly from the poorest shepherd in his “fraction.”
In fact, with the exception of a few _aghas_ and _caïds_ who are
rich and who have come in contact with Europe, the Arab chief,
with his silk-decked tent and his _smala_ of glorious beauties,
wielding the powers of life and death at a moment’s notice, is a
thing of the past. He shambles along on a rickety horse reminding
one rather of the bull-ring, and he lives most of his life under
a kind of awning which he calls a tent.
Since the war, the Government insists that the chiefs it appoints
shall have passed the elementary standard at the local French
school, but there are many _caïds_ of pre-war nomination who are
completely illiterate and who have never lived anywhere but in a
tent. Moreover, the official power of a chief is very limited. He
is merely a functionary paid by the Government to assist it in its
administrative duties in the south, and with this end in view he
has the support of all those in authority.
Officially this is all. Unofficially there is a great deal more power
wielded in the background, power used sometimes quite unscrupulously
to attain a personal end. For example, the Bureau Arabe only
recognizes the _bash agha_ and his subordinates. A crime occurs
among the nomads, the _caïd_ of the tribe concerned is notified,
and he sets about making his investigations. On his report alone
the Bureau Arabe will act. There are, of course, many of these
men who are scrupulously honest and who carry out their duties
conscientiously, but there are others who do not, and there are
certainly frequent miscarriages of justice through personal reasons.
There was a case where the _agha_ had a feud with a _sheik_ of
his tribe. The _sheik_ was in the right; the _sheik_ tried to make
trouble for the _agha_, and appealed to the French authority. The
French authority gave the _sheik_ his right.
The _agha_ said nothing at the time, but a few weeks later he sent
the _sheik_ on a mission, and while he was away he took his wife
and kept her till he thought the vengeance sufficient. The _sheik_
was powerless to act, as the _agha_ had committed no crime in the
eyes of the French law, and he knew if he made any more fuss that
his life would not be safe. It is better for a nomad to keep in
with his _caïd_ if he does not want to lose all he has.
Of course these cases are mainly exceptions, and the average _caïd_
does his duty conscientiously. There is one I know well who looks
after his people so seriously that he is actually out of pocket when
the end of the year comes round. The point to bring out, though,
is the danger of giving too much power to people whose idea of
justice is very primitive, and who in cases of vengeance are quite
unscrupulous. Life and death to an Arab are less important than the
evening meal, and it is difficult to say what would happen if ever
they were given autonomy. It is a delicate question.
For the moment we must continue our examination of native
administration.
2. _Through the Arab Functionaries_
Quite apart from the official chiefs appointed to assist the
Bureau Arabe in the enforcement of the law, there are a number of
functionaries who have nothing whatever to do with the French civil
or military government of the country.
These functionaries exercise their duties in the north as well as
in the south, wherever there are believing Mohammedans. They are
appointed, of course, with the approval of the Governor-General,
but they are chosen chiefly for their knowledge of Moslem laws
and rites. In the north, as in the south, they are under the Arab
chiefs, but their rulings on purely Arab questions are as final
as those of a French civil or military court, and their religious
doctrines are based on deep study of the laws of the Prophet.
They are divided into two categories. In the first are those
who administer the law, in the second, those whose duties are
religious. The young men who qualify for posts in the first
category are those whose parents feel that they have a calling
for higher things than being shepherds or laborers. While still
learning the Koran by heart with the native teacher they are sent
to the French school with the definite object of working. Here they
are taught all elementary matters in the same way as a European
child in a boarding-school, and at the age of sixteen they go up
for an examination which, if they pass, gives them an entry into
the Medersa.
The Medersa is a college in Algiers where the students study
Mohammedan law for a period of six years. Some of those who pass
carry their studies further, and go up for the examination for the
French bar, but to those who are not so ambitious there are two
openings. They can either become Interprètes Judiciaires—that
is to say, interpreters in French courts, where Moslem law comes
into contact with French law—or else they can definitely take up
the Droit Musulman as a profession.
If the student merely passes out unbrilliantly, or even fails to
get his diploma, he will probably become a _khodja_ in a Bureau
Arabe or in some other French office dealing with Arabs. His duties
will be to translate into Arabic all official despatches sent out
to the tribes or _douars_, and likewise to translate into French
all incoming Arab documents.
A successful candidate will, however, first of all find himself
appointed to the post of _adel_, a kind of superior clerk in a
native lawyer’s office, and from that he can rise to _bash adel_,
or principal clerk. From the _bash adels_ are chosen the _kadis_.
The _kadis_ have many functions, which in England would combine
the duties of solicitor, official receiver, registrar, and judge,
without the latter’s power of awarding punishment.
All native cases of jurisdiction are first of all brought before the
_caïds_ and _aghas_ of the district. If they are crimes or cases
with which he can not deal by compromise, he either sends them on
to the Bureau Arabe or, if they are not criminal offenses, to the
_kadi_. People who require arbitration can, of course, go direct
to the _kadi_, but the nomad prefers the ruling of his _caïd_. The
most usual cases to come before the _kadi_ are those of inheritance,
lawsuits, sales of property, and family quarrels. He also marries
and divorces those who wish it.
His decision is final, and even in questions between great chiefs
they must either accept the _kadi’s_ ruling or else carry the
case before the French tribunals, which is a lengthy and expensive
procedure. In fact the _kadi_ is the decisive factor in all native
disputes, in all family matters, and in all cases which do not
actually incur definite punishment.
The _kadis_ themselves are usually charming people, cultivated,
courteous, and full of a quiet sense of humor gathered amidst the
comedies and tragedies of daily life which pass before them. Many
of them have a great deal of moral influence, and are instrumental
in bringing about reconciliations between foolish couples and
quarreling families.
There are also learned men, called _talebs_, in Mohammedan
centers. These natives teach the Koran in the schools and counsel
others who want advice in legal matters. They have also the important
function of writing and translating documents and letters for those
illiterate natives who require their services, whether it be in
French or in Arabic. On the same plane as the _kadi_, but without
the same official education, are found those of the second category,
mentioned above—the religious teachers.
First of all the _mufti_. The _muftis_ often have had a legal
education and are consulted on Mohammedan law before taking cases
before the _kadi_, in the same way as in England one goes to a
solicitor, but they are chiefly authorities on religious rites,
and they hold official positions at the mosques. Every Friday and
on feast days they preach and expound the Koran at the midday
and evening prayer. Their power has greatly diminished of late
but their knowledge of Mohammedan scripture is profound. In cases
where there is no _mufti_ the _kadi_ is regarded as the authority
on religious matters.
The priest of the mosque is called the _imam_. He is in charge of
all religious ceremonies, and when the collective prayer is said,
the faithful follow him in all the chants and movements. He is
sometimes an educated man, but it is not the general rule, and
one often finds the _imam_ attending classes held by the _taleb_
to learn how to write and speak literary Arabic. (Literary Arabic
in opposition to the bastard tongue spoken in North Africa.)
[Illustration: An Arab Barber]
[Illustration: Roasting the Lamb Whole]
[Illustration: Children Bathing in a Southern Oasis]
Then there is the _muezzin_, who is the verger of the mosque,
and whose chief duty is to call the faithful to prayer.
There is no special costume for these different officials, but they
usually wear somber or white burnouses, and one can always tell a
learned man by the delicacy of his hands.
What strikes one most in all this Mohammedan administration is that
it has not altered since the beginning of its creation, and that
it has not been in the least degree influenced by contact with laws
or customs of other countries.
Even in matters where the application of modern laws would be
beneficial, such as in the question of inheritance which causes
the greatest muddle imaginable, the old system of twelve hundred
years ago is adhered to.
Now previously we noticed the apparent contradiction in the French
administration of Algeria, which seemed to be rather overgoverned,
and here we have another contradiction in the fact that these native
functionaries are allowed to act with complete independence in all
matters affecting their own laws. This is one of France’s wisest
policies in Algeria, and it is of comparatively recent date.
At first the French did not realize the enormous importance of Islam
in North Africa, but now that they have grasped it, they use their
knowledge sagaciously.
The French administration of Algeria is complex, but it achieves
its end, as the traveler will realize if, on marvelous roads, he
traverses this immense country unmolested by the masses of wild
men who live there.
I repeat again it is not the duty of a foreigner to criticize the
government of another country, but merely to examine it and judge
of the results.