a pious
scholar of the olden time: "The 'ulama' will (on the Day of judgment)
be gathered amongst the prophets, but the _qadhis_ amongst the temporal
rulers." Ghazali adds "alike with these _qadhis_ are all those canonists
who make use of their learning for worldly purposes."]

To the _mufti_ criticism is somewhat more favourable than to the _qadhi_. A
mufti is not necessarily an official; every canonist who, at the request of
a layman, expounds to him the meaning of the law on any particular point
and gives a _fatwa_, acts as a _mufti_. Be the question in reference to the
behaviour of the individual towards God or towards man, with regard to his
position in a matter of litigation, in criticism of a state regulation or
of a sentence of a judge, or out of pure love of knowledge, the scholar is
morally obliged to the best of his knowledge to enlighten the enquirer. He
ought to do this for the love of God; but he must live, and the enquirer is
expected to give him a suitable present for his trouble. This again gives
rise to the danger that he who offers most is attended to first; and that
for the liberal rich man a dish is prepared from the casuistic store, as
far as possible according to his taste. The temptation is by no means so
great as that to which the _qadhi_ is exposed; especially since the office
of judge has become an article of commerce, so that the very first step
towards the possession of it is in the direction of Hell. Moreover in
"these degenerate times"--which have existed for about ten centuries--the
acceptance of an appointment to the function of _qadhi_ is not regarded as
a duty, while a competent scholar may only refuse to give a _fatwa_ under
exceptional circumstances. Still, an unusually strong character is needed
by the _mufti_, if he is not to fall into the snares of the world.

Besides _qadhis_ who settle legal disputes of a certain kind according to
the revealed law, the state requires its own advisers who can explain
that law, i.e., official _muftis_. Firstly, the government itself may be
involved in a litigation; moreover in some government regulations it may be
necessary to avoid giving offence to canonists and their strict disciples.
In such cases it is better to be armed beforehand with an expert opinion
than to be exposed to dangerous criticism which might find an echo in a
wide circle. The official _mufti_ must therefore be somewhat pliable, to
say the least. Moreover, any private person ha