continued not long in force, being quickly abrogated.7
It must be observed that among the Mohammedans the children of their
concubines or slaves are esteemed as equally legitimate with those
5 See c. 4, p. 53, 54, and 56, and the notes there. Vide etiam Poc. Spec.
p. 337. 6 Kor. c. 4, ubi supra.
1 Ibid. p. 54 and 72. Vide Chardin, Voy. de Perse, t. 2, p. 293.
2 Kor. ibid. p. 54. 3 Ibid. and p. 72.
4 Kor. c. 5, p. 86. 5 Kor. c. 4, p. 54. 6 Cap. 8.
7 Ibid. and c. 33
of their legal and ingenuous wives; none being accounted bastards, except such
only as are born of common women, and whose fathers are unknown.
As to private contracts between man and man, the conscientious performance
of them is frequently recommended in the Korân.1 For the preventing of
disputes, all contracts are directed to be made before witnesses,2 and in case
such contracts are not immediately executed, the same ought to be reduced into
writing in the presence of two witnesses3 at least, who ought to be Moslems
and of the male sex; but if two men cannot be conveniently had, then one man
and two women may suffice. The same method is also directed to be taken for
the security of debts to be paid at a future day; and where a writer is not to
be found, pledges are to be taken.4 Hence, if people trust one another
without writing, witnesses, or pledge, the party on whom the demand is made is
always acquitted if he denies the charge on oath, and swears that he owes the
plaintiff nothing, unless the contrary be proved by very convincing
circumstances.5
Wilful murder, though forbidden by the Korân under the severest penalties
to be inflicted in the next life,6 is yet, by the same book, allowed to be
compounded for, on payment of a fine to the family of the deceased, and
freeing a Moslem from captivity; but it is in the election of the next of kin,
or the revenger of blood, as he is called in the Pentateuch, either to accept
of such satisfaction, or to refuse it; for he may, if he pleases, insist on
having the murderer delivered into his hands, to be put to death in such
manner as he shall think fit.7 In this particular Mohammed has gone against
the express letter of the Mosaic law, which declare that no satisfaction shall
be taken for the life of a murderer;8 and he seems, in so doing, to have had
respect to the customs of the Arabs in his time, who, being of a vindictive
temper, used to revenge murder in too unmerciful a manner,9 whole tribes
frequently engaging in bloody wars on such occasions, the natural consequence
of their independency, and having no common judge of superior.
If the Mohammedan laws seem light in case of murder, they may perhaps be
deemed too rigorous in case of manslaughter, or the killing of a man
undesignedly, which must be redeemed by fine (unless the next of kin shall
think fit to remit it out of charity), and the freeing of a captive: but if a
man be not able to do this, he is to fast two months together, by way of
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account