Page 169 - Arabian Studies (I)
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The Pilgrimage to Mecca in Mam Ink Times 153
arbiter, in which case he should be legally qualified. When the
pilgrims arc staying at towns along the route and in the Hijaz,
administered by local governors, both the Amir al-Hajj and the
governor of the town are entitled to settle disputes arising among the
pilgrims, whereas cases of dispute between members of the caravan
and the local people of the town should be dealt with solely by the
governor of the town.
(ix) To punish wrongdoers among the pilgrims. In carrying out this
function the authority of the Amir al-Hajj is, unless authorised
otherwise, restricted to the execution of minor punishments (ta'zir).
If the Amir al-Hajj has been authorised to inflict major punishments
(hadd) he may carry them out, provided that the offence which
merited such punishment took place outside the limits of districts
already within the jurisdiction of local governors; otherwise the local
governor is the authority responsible for the execution of the hadd
punishment.
(x) To bear in mind the problem of time in order to ensure the
arrival of the pilgrims at Mecca in good time for the pilgrimage.
These functions of the Amir al-Hajj, as enumerated by Al-Mawardl,
had, like many other aspects of the pilgrimage, evolved through the
centuries, until, under the Mamluks, the Amir al-Hajj is found in
most cases to have exercised military, political and executive power.
In addition to his primary functions of conducting the caravan and
supervising all its affairs, the Amir al-Hajj of the Mamluks, and in
particular the Amir of the Egyptian caravan, carried out the policy
of the Mamluk sultans in the Holy Cities, deposing and installing the ’
local SharTfs of Mecca and Medina, forcing the insertion of the names
of their masters in the khutbah or address, and even intervening in the
domestic affairs of the two Holy Cities. This unlimited authority of
the Amir al-Hajj gave rise to numerous problems and conflicts in the
Holy Cities.
Throughout the Mamluk period the Amir al-Hajj of both the
Egyptian and Syrian caravans was chosen from Mamluk stock. As a
rule they were selected from among the military hierarchy, the ‘men
of the sword’, and from amongst these an emir of the first class, or,
as he was styled, ‘emir of a hundred and commander of a thousand ,
was in most cases appointed to each caravan. 3 7 In other cases the
Amir al-Hajj was appointed from among the emirs of the second
class, (Amir tablkhanah)3 8 or even, though in very few cases, from
the emirs of the third class, or ‘emirs of ten’. This last appointment,
however, seems to have occurred only during the last century of the
Mamluk period, as happened in 841/1438, 850/1447, 852/1449 and
864/1460.3 9 In 792/1390 the Syrian Amir al-Hajj was even a