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consolidated:sakar:the_law

Law and the Lore Giver

Notes from Flower Nightsky's diaries.

The Land of Fate is governed by the Law of the Loregiver – which is simple, easy to understand, and based on obvious factors needed for a society to function. The Law stressed tolerance, established uniform prices and commercial methods, and detailed oral and legal traditions. The Law of the Loregiver had three distinct parts. The first part dealt with the relationship between The Enlightened and their gods, the second discussed the relationship between Caliphs and those they rule, and the third part was concerned with civil law or the relationship between citizens.

A sense of right and wrong is set down through the Law, but enough freedom is given so that unique circumstances and grey areas could be addressed correctly. The Law categorized all actions performed by citizens, or anyone inhabiting The Land of Fate, into the following groups:

  • That which is Required (Required Acts)
  • That which is Encouraged (Encouraged Acts)
  • That which is Tolerated (Tolerated Acts)
  • That which is Discouraged (Discouraged Acts)
  • That which is Forbidden (Forbidden Acts)

For a crime to be committed under the Law of the Loregiver, it must be both witnessed and reported. In all cases, the individual accused of committing a crime needed to be found and presented before a magistrate. All rulings involving crimes committed under the Law are swift and efficient. Judgment is given on the same day an accused is brought before a qadi (judge) unless unusual circumstances presented themselves, at which point the qadi will hand down judgment on the following day.

Forbidden Acts

Forbidden Acts were those whose nature is heinous in the eyes of the Enlightened gods. Forbidden Acts include:

  • Consuming the flesh of a sentient creature
  • Murdering an innocent
  • Enslaving an Enlightened soul
  • Threatening a Caliph, his court, or the lands he ruled
  • Preaching that the Enlightened Gods did not exist
  • Malicious theft (Defined as stealing or cheating a man out of his livelihood or the majority of his goods. This could also be punished with severing the right hand of the offender.)

Death by beheading is usually the penalty for committing such acts. Other punishments included permanent enslavement, permanent exile, or disfigurement by either removal of a body part or branding the forehead. In addition to other sentences, those convicted of murdering an innocent usually face a diyya charge in the amount of 1,000 dinar per surviving family member of the deceased.

Discouraged Acts

Discouraged Acts included crimes that are unpleasing to society and the gods, but not nearly as severe as Forbidden Acts. These include:

  • Theft
  • Assault
  • Justifiable homicide
  • Bribery
  • Reckless endangerment
  • Public drunkenness
  • Destruction of property
  • Fraud
  • Disobeying curfew
  • Preventing someone from performing a Tolerated Act
  • Negative actions against any agent of a Caliph or his court.

A qadi usually orders some kind of restitution be made to the offended party for a Discouraged Act. Other punishments include temporary enslavement, imprisonment, and exile.

Tolerated Acts

A Tolerated Act is a basic right of an enlightened citizen and part of their daily life. Tolerated Acts are not punished, nor are they rewarded. These include:[9]

  • Trading or loaning
  • Worshiping any god within a mosque
  • Public celebration, including smoking and drinking, so long as they were not excessive
  • Free speech, so long as it did not defame or slander others or speak out against a Caliph or the Enlightened gods.

Encouraged Acts

Encouraged Acts are pleasing to the gods and enlightened citizens, serving as the mark of civilization. Individuals who performed Encouraged Acts on a regular basis are often viewed as pillars of their society. Encouraged Acts include:

  • Worshipping the Enlightened gods
  • Tolerance
  • Paying taxes
  • Providing charity and hospitality
  • Enlightening an unenlightened soul.

An individual known to perform Encouraged Acts was likely to receive leniency and mercy from a qadi or the courts should they ever find themselves brought to justice on criminal charges.

Required Acts

Required Acts are necessary for maintaining civilization. Directly opposing these actions is considered treason, heresy, and/or slander against the state. They include:

  • Belief in a greater force (including both common and Enlightened gods).
  • Obeying the proclamations of the Caliph.

Slaves

While there aren't great numbers of slaves, slavery is legal in Sakhar. Slavery can come in a number of ways - some people sell their children (often into the Mamluka Slave-soldier chapters), a criminal can be condemned to slavery as a punishment, or unenlightened slaves can be brought into the area as a slave. However, there is common understanding that slaves are to be treated relatively well - owners who do not feed, clothe and house their slaves properly, are seen as 'not enlightened' and may be subject to ostracization or even punishment.

consolidated/sakar/the_law.txt · Last modified: 2024/04/21 12:31 by johnb