3 Al Beidâwi, al Zamakh., al Mostatraf. 4 See Kor. c. 16.
5 Al Meidâni. 6 Al Zamakh.
7 Al Mostatraf. 8 Cap. 5, p. 77. 1 Al Mostatraf. Vide Ebn
Khalekân, in Vita al Farazdak, and Poc Spec. p. 334. 2 Strabo, l. 17.
Vide Diodor. Sic. l. I, c. 80. 3 Vide Plutarch, in Lycurgo.
4 Vide Pufendorf, de Jure Nat. et Gent. l. 6, c. 7, § 6. The Grecians
also treated daughters especially in this manner-whence that saying of
Posidippus:
[Greek text],-i.e.,
"A man, tho' poor, will not expose his son;
But if he's rich, will scarce preserve his daughter."-
See Potter's Antiq. of Greece, vol. ii. p. 333. 5 Cap. 6, p. 101, 103;
c. 16; and c. 17. See also chap. 81.
6 Al Zamakh., al Beid.
another custom of the Arabians, altogether as wicked, and as common among
other nations of old, viz., the sacrificing of their children to their idols;
as was frequently done, in particular, in satisfaction of a vow they used to
make, that if they had a certain number of sons born, they would offer one of
them in sacrifice.
Several other superstitious customs were likewise abrogated by Mohammed,
but the same being of less moment, and not particularly mentioned in the
Korân, or having been occasionally taken notice of elsewhere, I shall say
nothing of them in this place.
______
SECTION VI.
OF THE INSTITUTIONS OF THE KORAN IN CIVIL AFFAIRS.
THE Mohammedan civil law is founded on the precepts and determinations of the
Korân, as the civil laws of the Jews were on those of the Pentateuch; yet
being variously interpreted, according to the different decisions of their
civilians, and especially of their four great doctors, Abu Hanîfa, Malec, al
Shâfeï, and Ebn Hanbal,7 to treat thereof fully and distinctly in the manner
the curiosity and usefulness of the subject deserves, would require a large
volume; wherefore the most that can be expected here, is a summary view of the
principal institutions, without minutely entering into a detail of
particulars. We shall begin with those relating to marriage and divorce.
That polygamy, for the moral lawfulness of which the Mohammedan doctors
advance several arguments,1 is allowed by the Korân, every one knows, though
few are acquainted with the limitations with which it is allowed. Several
learned men have fallen into the vulgar mistake that Mahommed granted to his
followers an unbounded plurality; some pretending that a man may have as many
wives,2 and others as many concubines,3 as he can maintain: whereas, according
to the express words of the Korân,4 no man can have more than four, whether
wives or concubines;5 and if a man apprehend any inconvenience from even that
number of ingenuous wives, it is added, as an advice (which is generally
followed by the middling and inferior people),6 that he marry one only, or, if
he cannot be contented with one, that he take up with his she-slaves, not
exceeding, however, the limited number;7 and this
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