114 r Juliette Hassine
We would point out that Jews forced to convert to Islam during the
oppressive rule of Sultan Mawlay Yazid (reigned 1790–92) were permit-
ted to revert to Judaism by Sultan Sliman II (reigned 1792–1822). So here
was a precedent for such a return to one’s former religion in Moroccan
history. Other examples include the rule of the Marinids in Morocco at
the end of the thirteenth century, when converts were permitted to return
to Judaism, even though Sharia law prohibited this. The qadi Ahmed al-
Wansharisi, who lived in the fifteenth century, stated that Jews who were
forcibly converted could go back to their faith. This precedent in Morocco
accords with the laws of the dhimma, which state that compelling dhimmi
to convert, even to Islam, is forbidden, and furthermore it abides by the
dictates of the Quran and the teachings of Muhammad.^15 Sultan Abd al-
Rahman (reigned 1822–1859) probably knew of Sliman II’s decision and
thought that he could follow a similar practice in the case of Sol Hachuel.
Her sentence was passed by the members of the ̔ulamā’ (the qadi could
be a member of this council). In Morocco the sultan is the “commander
of the faithful,” but he is not permitted to rule on matters of Islamic law.
Rather, his responsibility lies only in implementing religious ordinances.
When he is notified that a sentence has been passed, he is expected to au-
thorize its execution. He has no right to veto a trial’s outcome or a judge’s
sentence, except for legal reasons such as a flaw in the evidence, proce-
dure, etc. Due process is his first priority in order to guarantee the rule of
law.
If he is the sole instance for the authorization of a death sentence, one
may ask why he did not use his privilege to delay the execution of the
sentence for an indefinite period while Sol was held under arrest or even
housed in the palace harem. But such a step might seem unsuitable for a
pious Muslim in the eyes of members of the ̔ulamā’ from the Bildiyyin
(converted Jews) group.^16 It appears that the contemporary Wahhabism
of Sliman II’s period influenced Abd al-Rahman, who valued the mem-
bers of the Bildiyyin council of mostly Jewish origin. These “new Mus-
lims” attended Sliman II from boyhood and served him as teachers and
mentors. As an adult, he accepted them as arbiters of Muslim law. This
group, which retained its influence during the rule of Abd Al-Rahman,
did not advocate improvement in the social and economic conditions of
the Jews.^17 The legal case of Sol the Jewess presented an additional op-
portunity to deal harshly with the Jews. The pious sultan could not ignore