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MS137_AJ95_150_10
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MOROCCO.
21
brings the news that the corpse of a Jew may be found at a certain spot, gives his information stealthily, and keeps at a distance when Jews approach the corpse. He gives no evidence, being afraid of the Governor and others. The Jews convey the corpse in the darkness of night to the town where it is to be buried, and they thank God that they themselves have, in the performance of a humane act, escaped outrage. When the corpse is brought into the city, Mahomedan notaries are fetched to inspect the body, and they then state that the Jews declare that they have brought the corpse from such and such a place. Such a declaration is, however, of no value, because the testimony of a Jew or Christian is invalid where Mahomedans are concerned, and the testimony of a Mahomedan is only of avail in regard to a fellow Mahomedan. The Moslem law does enjoin that if a follower of Islam kills a Jew he should be put to death, but Jews cannot appear before a judge with the recital of their claims, and refer before the tribunal to the difference in the case of a Mussulman killing his brother Mussulman, and on the other hand of a Mussulman killing a Jew. For here arises this difficulty. The evidence of the Jew is not accepted, and that of the Mahomedan is not produced, owing to fear or other reasons. Should it ever happen that two Mahomedan witnesses discover, in a spot not frequented by anybody else, that the corpse is that of such and such a man, and, further, that such and such a man is the murderer, and if they attest the facts in writing through Mahomedan notaries, the evidence would be annulled when brought before the judge, for he would say there must be twelve witnesses, a matter which in the case of murder is an impossibility. If the judge quashes the evidence, when it is discovered that the witnesses are Mahomedans, the latter are exposed to most rigorous punishment on the part of the sheikh in the respective districts. On this account Mahomedans who know the full facts never come forward. Consequently, we cannot state what would be done according to the public law in a case where a Mahomedan murders a Jew. You may rely on the fact that on the very day a Jew is murdered the sheikh of the clan positively knows the culprit; but he does not lay hold on him from fear that the particulars of the crime might be divulged.
The matter will have to be brought to the notice of Her Majesty's Government, with the view of more efficiently protecting the lives of Jews within the Moorish dominions,
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