practicable in many cases, is seldom put in execution, the punishment being generally turned into a mulct or fine, which is paid to the party injured.3 Or rather Mohammed designed the words of the Korân relating thereto should be understood in the same manner as those of the Pentateuch most probably ought to be; that is, not of an actual retaliation, according to the strict literal meaning, but of a retribution proportionable to the injury: for a criminal had not his eyes put out, nor was a man mutilated, according to the law of Moses, which, besides, condemned those who had wounded any person, where death did not ensue, to pay a fine only,4 the expression "eye for eye and tooth for tooth" being only a proverbial manner of speaking, the sense whereof amounts to this, that every one shall be punished by the judges according to the heinousness of the fact.5 In injuries and crimes of an inferior nature, where no particular punishment is provided by the Korân, and where a pecuniary compensation will not do, the Mohammedans, according to the practice of the 4 See Numb. xxxv. 26, 27, 28. 5 Ibid. v. 32. 6 Kor. c. 5, p. 78. 7 Novell. 134, c. 13. 8 Vide Pufendorf, de Jure Nat. et Gent. l. 8, c. 3, § 26. 9 See the notes to c. 5, p. 78. 10 Exod. xxi. 24, &c., Levit. xxiv. 20, Deut. xix. 21. 1 Cap. 5, p. 79. 2 Vide Grotium , de Jure Belli et Pacis, l. I, c. 2, § 8. 3 Vide Chardin, t. 2, p. 299. The talio, likewise established among the old Romans by the laws of the twelve tables, was not to be inflicted, unless the delinquent could not agree with the person injured. Vide A. Gell. Noct. Attic. l. 20, c. I, and Festum, in voce Talio. 4 See Exod. xxi. 18, 19, and 22. 5 Barbeyrac, in Grot. ubi supra. Vide Cleric. in Exod. xxi. 24, and Deut. xix. 21.