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

Benchimol’s motives for bringing the case before Muslim judicial authorities became
clear as the case unfolded. Initially, Rey attempted to sue Benchimol in the French consular
court; however, the consul refused to hear the case (probably because Benchimol had declared
himself a Moroccan subject). 118 Rey was forced to resort to “Moorish” law. Yet, as Rey
complained to his consul, he was at a total loss in his attempts to navigate the Islamic legal
system. Rey pleaded with the consul to enlighten him about the workings of Islamic law in his
case:
Undoubtedly in a civilized country where the laws are collected in a code that everyone
can consult, [and] where foreigners and nationals alike can claim their rights, 119 the judge
is not required to instruct the parties concerning the reciprocal guarantees that they can
require; [rather], the parties themselves are responsible for taking whatever measures
about which they know. However, in a country like this, where the foreigner—despite
the written conventions which grant him extraterritoriality—vainly appeals to this
arbitrary jurisdiction [that is, a sharī‘a court] and suddenly finds himself forced to submit
to a legislation and to formalities which are unfamiliar to him, it seems natural that the
person who is charged with protecting [the foreigner’s] interests, not as a judge but as a
defendant, might indicate to him which laws protect him. 120
This letter makes clear both Rey’s frustration at his inability to understand the relevant Islamic
law as well as his consul’s unwillingness to help educate him. Rey was angry that his case was
submitted to Moroccan jurisdiction despite the “written conventions” which he believed gave
him the privilege of resorting exclusively to French courts. When Rey eventually learned that he
had to have his agreements with Benchimol notarized by ‘udūl, he had trouble executing this
requirement. The ‘udūl who drew up a version of Rey’s agreement with Benchimol in Arabic
made several mistakes—due, it seems, to faulty translation by Rey’s Jewish interpreter. 121
118 MAE Nantes, Tanger A 138, Rey to Méchain, 30 August 1837.
119 “déclarer sur leurs droits”: the intention of this phrase is unclear.
120 MAE Nantes, Tanger A 138, Rey to Méchain, 21 October 1837.
121 MAE Nantes, Tanger A 138, Rey to Méchain, 29 December 1837.
322