Under Mahometan law, which has probably preserved an ancient Arabian
custom, inheritances of property are divided equally among sons, the
daughters taking a half share; but if any of the children die before
the division of the inheritance, leaving issue behind, these
grandchildren are entirely excluded by their uncles and aunts.
Consistently with this principle, the succession, when political
authority devolves, is according to the form of Primogeniture which
appears to have obtained among the Celtic societies. In the two great
Mahometan families of the West, the rule is believed to be, that the
uncle succeeds to the throne in preference to the nephew, though the
latter be the son of an elder brother; but though this rule has been
followed quite recently in Egypt, I am informed that there is some
doubt as to its governing the devolution of the Turkish sovereignty.
The policy of the Sultans has in fact hitherto prevented cases for its
application from occurring, and it is possible that their wholesale
massacres of their younger brothers may have been perpetuated quite as
much in the interest of their children as for the sake of making away
with dangerous competitors for the throne. It is evident, however,
that in polygamous societies the form of Primogeniture will always
tend to vary. Many considerations may constitute a claim on the
succession, the rank of the mother, for example, or her degree in the
affections of the father. Accordingly, some of the Indian Mahometan
sovereigns, without pretending to any distinct testamentary power,
claim the right of nominating the son who is to succeed. The
_blessing_ mentioned in the Scriptural history of Isaac and his sons
has sometimes been spoken of as a will, but it seems rather to have
been a mode of naming an eldest son.
CHAPTER VIII
THE EARLY HISTORY OF PROPERTY
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