IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...

IN THE COURTS OF THE NATIONS - DataSpace - Princeton ... IN THE COURTS OF THE NATIONS - DataSpace - Princeton ...

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actively upholding justice in Morocco, especially for its Jewish subjects. Foreigners were highly critical of the functioning of justice in Morocco during the nineteenth century, as we have seen (and will discuss further in Chapter Nine). Letters dating from Mawlāy Ḥasan’s rule explicitly invoke the role of the Ministry of Complaints in addressing the concerns of foreign officials. In January 1881, Muḥammad Bargāsh, the foreign minister, wrote a collective letters to the foreign ambassadors in Tangier concerning their alarm about fourteen murders of Jews in recent months. 70 Bargāsh explained that the sultan was worried about his subjects’ claims of mistreatment (maẓālim), and that in order to address their appeals, “he had appointed a special minister to [address] their claims…and that anyone who brought a complaint to the sultan would [have his complaint] addressed according to justice and the law.” 71 This letter almost certainly referred to the Minister of Complaints whom the sultan had already appointed (rather than a new position he had created). 72 It was intended to inform the foreign ambassadors about the ministry as a way to convince them that justice—especially for the murdered Jews—would be done. Admittedly this letter, and others like it, are from at least a decade after the founding of the ministry, and it is possible that the reasoning they cite for the appointment of a minister to hear the appeals of Moroccan subjects had nothing to do with Muḥammad IV’s decision to create a Ministry of Complaints. Nonetheless, given that the kinds of concerns they address were already present in the 1860’s, it seems more likely that the motivations expressed during Mawlāy Ḥasan’s reign were similar if not identical to those driving the reforms of Mawlāy Muḥammad. 70 DAR, Yahūd, 36069, Muḥammad Bargāsh to Ambassadors in Tangier, 6 Ṣafar 1298. 71 Kallafa bi-da‘āwīhim wazīran mustaqillan khāṣṣan…wa-anna kullu man rafa‘a shikāyatahu li-ḥaḍratihi al- ‘āliyati bi-Llāhi tajrī ‘alā tarīqi al-ḥaqqi wa-’l-shar‘. 72 This is especially likely since Muḥammad Ṣaffār was the Minister of Complaints at the time and remained so until his death in the middle of Dhū al-Qa‘da 1298—ten months after this letter was written. See also DAR, Fez, 20647, Muḥammad al-Ṭūrīs to Muḥammad b. al-‘Arabī b. al-Mukhtār, 4 Jumādā II 1302; in this letter, concerning the French ambassador’s complaints about the treatment of a Moroccan subject, al-Ṭūrīs (Torres) conveys that the sultan “settled all [appeals] that came from his subjects, both Muslim and non-Muslim” (bi-annahu taqarrara lahu jamī‘a mā yaṣduru min ra‘yatihim al-muslimati wa-’l-ghayri muslimati). 170

The Ministry itself, although in continuous existence until French colonization, underwent two distinct phases of operation. The biographies of the ministers who oversaw this institution reveal much about its trajectory. Mawlāy Muḥammad appointed Muḥammad al- Ṣaffār as the first Minister of Complaints. 73 Al-Ṣaffār, a native of Tetuan, had studied at the Qarawīyīn in Fez and worked as an ‘adl (notary), a teacher, and a muftī. 74 Later, he became tutor to the sultan’s children. Al-Ṣaffār first became a government minister in 1853-4 (1270 AH) under ‘Abd al-Raḥmān, until he was appointed Minister of Complaints—a post he retained until his death in 1881 (during the reign of Mawlāy Ḥasan). 75 Al-Ṣaffār’s successor, ‘Alī al-Misfīwī, had a remarkably similar trajectory. 76 Born in Marrakesh to a scholarly family, he too went to Fez to study and later became tutor to the sultan’s children. 77 Al-Misfīwī served as Minister of Complaints from 1881 until his death in 1898, during the reign of Mawlāy ‘Abd al-‘Azīz (reigned 1894-1908). Both al-Ṣaffār’s and al- Misfīwī’s training in Islamic law undoubtedly helped prepare them for the responsibility of 73 His full name was Abū ‘Abdallāh Muḥammad b. ‘Abdallāh al-Ṣaffār. On al-Ṣaffār generally, see Susan Gilson Miller, Disorienting Encounters: Travels of a Moroccan Scholar in France in 1845-1846 (Berkeley: University of California Press, 1992), especially 33-48: Dāwūd, Tārīkh Tiṭṭawān, v. 7, 78-97: Muḥammad Gharrīt, Kitāb fawāṣil al-jumān fī anbā’ wuzarā’ wa-kuttāb al-zamān (Rabat: Dār al-amān, 2010), 85-86. 74 Ibn Zaydān noted that al-Ṣaffār had “knowledge of nawāzil [similar to fatāwā]” and had memorized the Mukhtaṣar (undoubtedly of Khalīl b. Isḥāq): Ibn Zaydān, Itḥāf a‘lām al-nās, v. 3, 569. As a scribe for Muḥammad Ash‘āsh, al-Ṣaffār accompanied his employer on a diplomatic mission to Paris in 1845-6 and wrote an account of his travels for the sultan Mawlāy ‘Abd al-Raḥmān (translated in Miller, Disorienting Encounters). 75 Ibn Zaydān, Itḥāf a‘lām al-nās, v. 3, 569: Dāwūd, Tārīkh Tiṭṭawān, v. 7, 81. 76 His full name was Abū al-Ḥasan ‘Alī b. al-faqīh al-qāḍī Abī ‘Abdallāh Muḥammad al-Misfīwī. For his biography see Ibn Zaydān, Itḥāf a‘lām al-nās, v. 5, 481-3; al-‘Abbās b. Ibrāhīm al-Marrākushī, al-I‘lām bi-man ḥalla Marrākush wa-Aghmāt min al-a‘lām, 11 vols. (Rabat: al-Maṭba‘a al-Mālikīya, 1977), v. 9, 262-4; Gharrīt, Kitāb fawāṣil al-jumān, 107-8. 77 Al-Misfīwī’s father, Muḥammad (d. 1280/ 1863-1864)—known as Ḥammū—was a qāḍī who taught at the Ibn Yūsuf mosque (the most prestigious institution of higher learning in Marrakesh): al-Marrākushī, al-I‘lām bi-man ḥalla Marrākush, v. 9, 264. Al-Misfīwī was reputed for his scholarship, including a mastery of logic, rhetoric, Arabic, the biography of the Prophet, history, and law (ibid., 263). He began tutoring the sultan’s children during the reign of Mawlāy ‘Abd al-Raḥmān (Ibn Zaydān, Itḥāf a‘lām al-nās, v. 5, 482). Upon Mawlāy Muḥammad’s accession to the throne, he appointed al-Misfīwī as vizier to his son Ḥasan (the future sultan) and then as a vizier in the Ministry of the Interior. Misfīwī was also assigned to undertake a mission to the minister of France in Tangier on Mawlāy Ḥasan’s behalf around 1880, in an attempt to convince the French to agree to limitations on consular protection and other diplomatic points (see MAE Nantes, Tanger A 158, ?? to ‘Alī al-Misfīwī, 6 February 1880). 171

The Ministry itself, although in continuous existence until French colonization,<br />

underwent two distinct phases of operation. The biographies of the ministers who oversaw this<br />

institution reveal much about its trajectory. Mawlāy Muḥammad appointed Muḥammad al-<br />

Ṣaffār as the first Minister of Complaints. 73 Al-Ṣaffār, a native of Tetuan, had studied at the<br />

Qarawīyīn in Fez and worked as an ‘adl (notary), a teacher, and a muftī. 74 Later, he became tutor<br />

to the sultan’s children. Al-Ṣaffār first became a government minister in 1853-4 (1270 AH)<br />

under ‘Abd al-Raḥmān, until he was appointed Minister of Complaints—a post he retained until<br />

his death in 1881 (during the reign of Mawlāy Ḥasan). 75<br />

Al-Ṣaffār’s successor, ‘Alī al-Misfīwī, had a remarkably similar trajectory. 76 Born in<br />

Marrakesh to a scholarly family, he too went to Fez to study and later became tutor to the<br />

sultan’s children. 77 Al-Misfīwī served as Minister of Complaints from 1881 until his death in<br />

1898, during the reign of Mawlāy ‘Abd al-‘Azīz (reigned 1894-1908). Both al-Ṣaffār’s and al-<br />

Misfīwī’s training in Islamic law undoubtedly helped prepare them for the responsibility of<br />

73<br />

His full name was Abū ‘Abdallāh Muḥammad b. ‘Abdallāh al-Ṣaffār. On al-Ṣaffār generally, see Susan Gilson<br />

Miller, Disorienting Encounters: Travels of a Moroccan Scholar in France in 1845-1846 (Berkeley: University of<br />

California Press, 1992), especially 33-48: Dāwūd, Tārīkh Tiṭṭawān, v. 7, 78-97: Muḥammad Gharrīt, Kitāb fawāṣil<br />

al-jumān fī anbā’ wuzarā’ wa-kuttāb al-zamān (Rabat: Dār al-amān, 2010), 85-86.<br />

74<br />

Ibn Zaydān noted that al-Ṣaffār had “knowledge of nawāzil [similar to fatāwā]” and had memorized the<br />

Mukhtaṣar (undoubtedly of Khalīl b. Isḥāq): Ibn Zaydān, Itḥāf a‘lām al-nās, v. 3, 569. As a scribe for Muḥammad<br />

Ash‘āsh, al-Ṣaffār accompanied his employer on a diplomatic mission to Paris in 1845-6 and wrote an account of his<br />

travels for the sultan Mawlāy ‘Abd al-Raḥmān (translated in Miller, Disorienting Encounters).<br />

75<br />

Ibn Zaydān, Itḥāf a‘lām al-nās, v. 3, 569: Dāwūd, Tārīkh Tiṭṭawān, v. 7, 81.<br />

76<br />

His full name was Abū al-Ḥasan ‘Alī b. al-faqīh al-qāḍī Abī ‘Abdallāh Muḥammad al-Misfīwī. For his biography<br />

see Ibn Zaydān, Itḥāf a‘lām al-nās, v. 5, 481-3; al-‘Abbās b. Ibrāhīm al-Marrākushī, al-I‘lām bi-man ḥalla<br />

Marrākush wa-Aghmāt min al-a‘lām, 11 vols. (Rabat: al-Maṭba‘a al-Mālikīya, 1977), v. 9, 262-4; Gharrīt, Kitāb<br />

fawāṣil al-jumān, 107-8.<br />

77<br />

Al-Misfīwī’s father, Muḥammad (d. 1280/ 1863-1864)—known as Ḥammū—was a qāḍī who taught at the Ibn<br />

Yūsuf mosque (the most prestigious institution of higher learning in Marrakesh): al-Marrākushī, al-I‘lām bi-man<br />

ḥalla Marrākush, v. 9, 264. Al-Misfīwī was reputed for his scholarship, including a mastery of logic, rhetoric,<br />

Arabic, the biography of the Prophet, history, and law (ibid., 263). He began tutoring the sultan’s children during<br />

the reign of Mawlāy ‘Abd al-Raḥmān (Ibn Zaydān, Itḥāf a‘lām al-nās, v. 5, 482). Upon Mawlāy Muḥammad’s<br />

accession to the throne, he appointed al-Misfīwī as vizier to his son Ḥasan (the future sultan) and then as a vizier in<br />

the Ministry of the Interior. Misfīwī was also assigned to undertake a mission to the minister of France in Tangier<br />

on Mawlāy Ḥasan’s behalf around 1880, in an attempt to convince the French to agree to limitations on consular<br />

protection and other diplomatic points (see MAE Nantes, Tanger A 158, ?? to ‘Alī al-Misfīwī, 6 February 1880).<br />

171

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