of their daughters, Sásaá, grandfather to the celebrated poet al Farazdak, frequently redeemed female children from death, giving for every one two she-camels big with young, and a he-camel; and hereto al Farazdak alluded when, vaunting himself before one of the Khalîfs of the family of Omeyya, he said, "I am the son of the giver of life to the dead;" for which expression being censured, he excused himself by alleging the following words of the Korân,8 "He who saveth a soul alive, shall be as if he had saved the lives of all mankind."1 The Arabs, in thus murdering of their children, were far from being singular; the practice of exposing infants and putting them to death being so common among the ancients, that it is remarked as a thing very extraordinary in the Egyptians, that they brought up all their children;2 and by the laws of Lycurgus3 no child was allowed to be brought up without the approbation of public officers. At this day, it is said, in China, the poorer sort of people frequently put their children, the females especially, to death with impunity.4 This wicked practice is condemned by the Korân in several passages;5 one of which, as some commentators6 judge, may also condemn
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.
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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
7 See Sect. VIII. 1 See before, Sect. II., p. 31. 2 Nic.Cusanus, in Cribrat. Alcor. l. 2, c. 19. Olearius, in Itinerar. P. Greg. Thoslosanus, in Synt. Juris, l. 9, c. 2, § 22. Septemcastrensis (de Morib. Turc. p. 24) says the Mohammedans may have twelve lawful wives, and no more. Ricaut falsely asserts the restraint of the number of their wives to be no precept of their religion, but a rule superinduced on a politic consideration. Pres. State of the Ottoman Empire, bk. iii, c. 21. 3 Marracc. in Prodr. ad Refut. Alcor. part iv. p. 52 and 71. Prideaux, Life of Mah. p. 114. Chardin, Voy. de Perse, t. i. p. 166. Du Ryer, Sommaire de la Rel. des Turcs, mis à la tête de sa version de l'Alcor. Ricaut, ubi supra. Pufendorf, de Jure Nat. et Gent. l. 6, c. I, § 18. 4 Cap. 4, p. 53. 5 Vide Gagnier, in Notis and Abulfedæ Vit. Moh. p. 150 Reland. de Rel. Moh. p. 243, &c., and Selden, Ux. Hebr. l. r, c. 9. 6 Vide Reland ubi sup. p. 244. 7 Kor. c. 4, p. 53.
is certainly the utmost Mohammed allowed his followers: nor can we urge as an argument against so plain a precept, the corrupt manners of his followers, many of whom, especially men of quality and fortune, indulge themselves in criminal excesses;8 nor yet the example of the prophet himself, who had peculiar privileges in this and other points, as will be observed hereafter. In making the above-mentioned limitation, Mohammed was directed by the decision of the Jewish doctors, who, by way of counsel, limit the number of wives to four,9 though their law confines them not to any certain number.10 Divorce is also well known to be allowed by the Mohammedan law, as it was by the Mosaic, with this difference only, that, according to the latter, a man could not take again a woman whom he had divorced, and who had been married or betrothed to another;1 whereas Mohammed, to prevent his followers from divorcing their wives on every light occasion, or out of an inconstant humour, ordained that, if a man divorced his wife the third time (for he might divorce her twice without being obliged to part with her, if he repented of what he had done), it should not be lawful for him to take her again until she had been first married and bedded by another, and divorced by such second husband.2 And this precaution has had so good an effect that the Mohammedans are seldom known to proceed to the extremity of divorce, notwithstanding the liberty given them, it being reckoned a great disgrace so to do; and there are but few, besides those who have little or no sense of honour, that will take a wife again on the condition enjoined.3 It must be observed that, though a man is allowed by the Mohammedan, as by the Jewish law,4 to repudiate his wife even on the slightest disgust, yet the women are not allowed to separate themselves from their husbands, unless it be for ill-usage, want of proper maintenance, neglect of conjugal duty, impotency, or some cause of equal import; but then she generally loses her dowry,5 which she does not if divorced by her husband, unless she has been guilty of impudicity or notorious disobedience.6 When a woman is divorced she is obliged, by the direction of the Korân, to wait till she hath had her courses thrice, or, if there be a doubt whether she be subject to them or not, by reason of her age, three months, before she marry another; after which time expired, in case she be found not with child, she is at full liberty to dispose of herself as she pleases; but if she prove with child, she must wait till she be delivered; and during her whole term of waiting she may continue in the husband's house, and is to be maintained at his expense, it being forbidden to turn the woman out before the expiration of the term, unless she be guilty of dishonesty.7 Where a man divorces a woman
8 Sir J. Maundeville (who, excepting a few silly stories he tells from hearsay, deserves more credit than some travellers of better reputation), speaking of the Alcoran, observes, among several other truths, that Mahomet therein commanded a man should have two wives, or three, or four; though the Mahometans then took nine wives, and lemans as many as they might sustain. Maundev. Travels, p. 164. 9 Maimon. in Halachoth Ishoth. c. 14. 10 Idem, ibid. Vide Selden, Uxor. Hebr. l. r, c. 9. 1 Deut. xxiv. 3–4. Jerem. iii. I. Vide Selden, ubi sup. l. r. c. II. 2 Kor. c. 2, p. 24. 3 Vide Selden, ubi sup. l. 3, c. 21, and Ricaut's State of the Ottom. Empire, bk. ii. c. 21. 4 Deut. xxiv I. Leo Modena, Hist. de gli Riti hebr. part i. c. 6. Vide Selden, ubi sup. 5 Vide Busbeq. Ep. 3, p. 184; Smith, de Morib. ac Instit. Turcar. Ep. 2, p. 52; and Chardin, Voy. de Perse, t. I, p. 169. 6 Kor. c. 4, p. 55. 7 Kor. c. 2, p. 24, and c. 65.
before consummation, she is not obliged to wait any particular time,8 nor is he obliged to give her more than one-half of her dower.9 If the divorced woman have a young child, she is to suckle it till it be two years old; the father, in the meantime, maintaining her in all respects: a widow is also obliged to do the same, and to wait four months and ten days before she marry again.1 These rules ar also copied form those of the Jews, according to whom a divorced woman, or a widow, cannot marry another man, till ninety days be past, after the divorce or death of the husband:2 and she who gives