all the Arabs in general, was yet very common among several of their tribes, and particularly those of Koreish and Kendah; the former using to bury their daughters alive in mount Abu Dalama, near Mecca". In the time of ignorance, while they used this method to get rid 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 Khalifs 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 wods of the Korân, He who saveth a soul alive, shall be as if he had saved the lives of all mankind. The Arabs, in thus murdering 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; and, by the laws of Lycurgus, 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 ". This wicked practice is condemned by the Korân in several passages; one of which, as some commentators judge, may also condemn another cus f y Al Mostatraf. Chap. 5. a Al Mostatraf. V. Ebn Khalekân, in vita al Farazdak, & Poc. Spec. p. 334. b Strabo, 1. 17. V. Diodor. Sic. 1. 1. c. 80. c V. Plutarch. in Lycurgo, d V. Puffendorf. de Jure nat. & gent. 1. 6. c. 7. sect. 6. The Grecians alsó treated daughters especially in this manner; whence that saying of Posidippus. Ὑιὸν τρέφεί τις καν πένης ὢν τύχῃ, A man, though poor, will not expose his son ; See Potter's Antiq. of Greece, Vol. 2. p. 333. and chap. 17. See also chap. 81. e Chap. 6. chap. 16. f Al Zamakh. al Beid. tom 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 Korân 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, 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 vie of the principal institutions, without minutely entering into a detail of particulars. We shall begin with those relating to marriage, and di vorce. That polygamy, for the moral lawfulness of which the Mohammedan doctors advance several arguments", 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 Mohammed granted to his fol a See sect. VIII. b See before, sect. II. p. 65, and 66. lowers an unbounded plurality; some pretending that a man may have as many wives, and others as many concubines, as he can maintain: whereas, according to the express words of the Korân, no man can have more than four, whether wives or concubines'; 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,) 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; and this 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; nor yet the example of the prophet himself, who had peculiar privileges in this and other points, as will be observed hereafter. 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*, though their law confines them not to any certain number'. In Divorce is also well known to be allowed by the 7 c Nic. Cusanus, in Cribrat. Alcor. 1. 2. cap. 19. Olearius, in Itinerar. P. Greg. Tholosanus, in Synt. juris, 1. 9. c. 2. sect. 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, book 3. chap. 21. d Marrac. in Prodr. ad refut. Alcor. part. 4. p. 52 & 71. Prideaux, life of Mah. p. 114. Chardin, Voy. de Perse, T. 1. p. 166. Du Ryer, Sommaire de la Rel. des Turcs, mis à la tête de sa version de l'Alcor. Ricaut, ubi supra. Puffendorf. de Jure nat. & gent. 1. 6. c. 1. sect. 18. e Chap. 4. f V. Gagnier, in notis ad Abulfedæ vit. Moh. p. 150. Reland. de Rel. Moh. p. 243, &c. and Selden. Ux. Hebr. 1. 1. cap. 9. V. Reland. ubi sup. p. 24. h Kor. chap. 4. i Sir J. Maundeville (who, excepting a few silly stories he tells from hear-say, 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 lemmans as many as they might sustain. Maundev. Travels, p. 164. k Maimon. in Halachoth Ishoth, c. 14. Idem, ib. V. Selden. Uxor. Hebr. 1. 1. c. 9. 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"; 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 abliged 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". 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 reck→ oned 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. It must be observed, that though a man is allowed by the Mohammedan, as by the Jewish law o, 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, which she does not, if divorced by her husband, unless she has been guilty of impudicity, or notorious disobedience'. When a woman is divocred, 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 n m Deut. xxiv. 3, 4. Jerem. iii. 2. V. Selden. ubi sup. 1. 1. c. 11. Korân, chap. 2. p. 39. V. Selden. ubi sup. 1. 3. cap. 21. and Ricaut's State of the Ottoman Empire, b. 2. chap. 21. P Deut. xxiv. 1. Leo Modena, Hist. de gli riti Hebr. part 1. c. 6. V. Selden. ubi 4 V. Busbeq. Ep. 3. p. 184. Smith, de morib, ac instit. Turcar. Ep. 2. p. 52. & Chardin, Voy. de Perse, T. 1. p. 169. sup. r Koran, chap. 4. time is 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 the whole term of waiting, she may continue in her husband's house, and is to be maintained at his expense; it being forbidden to turn a woman out before the expiration of the term, unless she be guilty of dishonesty. Where a man divorces a woman before consummation, she is not obliged to wait any particular time'; nor is he obliged to give her more than one half of her dower". If the divorced woman have a young child, she is to suckle it till it be two years old; the father, in the mean time, 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". These rules are also copied from 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*: and she who gives suck is to be maintained for two years, to be computed from the birth of the child; within which time she must not marry, unless the child die, or her milk be dried up. Whoredom, in single women as well as married, was, in the beginning of Mohammedism, very severely punished; such being ordered to be shut up in prison till they died: but afterwards it was ordained by the Sonna, that an adulteress should be stoned"; and an unmarried woman guilty of fornication scourged with an hundred stripes, and banished for a year3. Korân, chap. 2. p. 40 & 41. & chap. 65. t Ib. chap. 33. u Ib. chap. 2. p. 44. w Ib. chap. 2. p. 41 & 42. & chap. 65. * Mishna, tit. Yabimoth. c. 4. Gemar. Babyl. ad eund. tit. Maimon. in Halach. Girushin, Shylhân Aruch, part 3. y Mishna, & Gemara, & Maimon. ubi supra, Gem. Babyl. ad tit. Cetuboth. c. 5. & Jos. Karo, in Shylhân Aruch, c. 50. sect 2. V. Seldeni Ux. Hebr. 1. 2. c. 11. & 1. 3. c. 10, in fin. z And the adulterer also, according to a passage once extant in the Korân, and still in force, as some suppose. See the notes to Kor. c. 3. p. 58. and the Prelim. Disc. p. 89. a Kor. chap. 4. See the notes there. |