By the
rightful Imaum is understood a person in whom all the qualities
essential to magistracy are united, such as Islamism, freedom, sanity of
intellect, and maturity of age,--and who has been elected into his
office by any tribe of Mussulmans, with their general consent; whose
view and intention is the advancement of the true religion and the
strengthening of the Mussulmans, and under whom the Mussulmans enjoy
security in person and property; one who levies tithe and tribute
according to law; who out of the public treasury pays what is due to
learned men, preachers, kazees, muftis, philosophers, public teachers,
and so forth; and who is just in all his dealings with Mussulmans: for
whoever does not answer this description is not the right Imaum; whence
it is not incumbent to support such a one; but rather it is incumbent to
oppose him and make war upon him, until such time as he either adopt a
proper mode of conduct or be slain."[97]
My Lords, is this a magistrate of the same description as the sovereign
delineated by Mr. Hastings? This man must be elected by the general
consent of Mussulmans; he must be a protector of the person and property
of his subjects; a right of resistance is directly established by law
against him, and even the duty of resistance is insisted upon.
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