MM!
Il il
i l ;'13 I
M
in point of
religion-,
ill i l
in point of
freedom ;
in point of
char after ;
M A R R I A G E . Book II.
every fpecies of vice; and none o f thofe before mentioned efteem them
as upon an equality with themfelves.
M a w .a l e e s , that is to fay, Ajims, who are neither Kooraijhees
nor Arabs, are the equals of each other throughout, regard not being
had among them to lineage, but to I/ldm.— Thus an Ajim whofe family-
have been Muffulmans for two or more generations is the equal of one
defeended of MuJJulman anceftors;— but one who has himfelf embraced
the faith, or he and his father only, is not the eq u alo f an
Ajim whofe father and grandfather were MuJJulmans; becaufe a family
is not eftablifhed under any particular denomination (fuch as Mujjful-
man, for inftance,) by a retrofpeft Ihort of the grandfather.— This is
the doftrine of Haneefa and Mohammed, Aboo T ooftf fays that an Ajim
whole father is a MuJJulman is the equal of a woman whole father and
grandfather are Muffulmans.
A n Ajim who is the firft of his family profeffing the faith is not the
equal of a woman whole father is a MuJJulman,
Equality in point of freedom is the fame as in point of I/ldm, in all
:the circumftances above recited, becaufe bondage is an effedt of
infidelity, and the properties of meannefs and turpitude are therein
found.
R eg ard is to be had to equality in piety and virtue, according to
Haneefa and Aboo Toofaf-, and this is approved, becaufe virtue is -one
of the firft principles of fuperiority, and a woman derives a degree of
~ fcandal and Ihame from the profligacy of her hufband, beyond what Are
fuftains even from that of her kindred.— Mohammed alleges that pofitive
equality in point of virtue is not to be regarded, as that is connected
with religion, to which rules regarding mere worldly matters do not
apply, excepting where the party, by.any bafe or degrading mifeondudt,
(fuch
ia a iii» :* ;
(fuch as a man expofing himfelf naked ;and intoxicated in the public
ftreet, and fo forth,) may have incurred derifion and contempt.
E q u a l i t y is to be regarded with refpedt to property, by which
is underftood a man being poflefled of a fufficiency to difeharge the
dower and provide maintenance; becaufe i f he be unable to do both,
or either, of thefe, he is not the equal of any woman; as the dower
is a confideration for the carnal ufe of the woman, the payment of
which is neceflary o f courfe; and upon the provifion o f a fupport to
the wife depends the permanency of the matrimonial connexion; and
this is therefore indilpenfable a fortiori.— This, according to lbme, is
found in the ability to fupport a wife for one nionth on ly ; but others
fay for a year. By a man pofleffing fufficient to enable him to difeharge
the dower, is underftood his ability to pay down that proportion,
of it which, it is cuftomary to give immediately upon the marriage,
and which is termed Modjil, or prompt; the remainder,
teimed the Mpwjil, or deferred, it is not ufiial to pay until a future
feafon; and hence it is that the ability to pay that part of the dower
is not made a condition.— Aboo Toofaf teaches that regard is to be
had only to the man’s ability to fupport his wife, and not to the difeharge
of the dower, becaufe the latter is of a nature to admit of delay
in the payment, but not the former; and a man is fuppofed to be
fufficiently enabled to pay the dower where his father is in good circumftances.
According to the doctrine of Haneefa and Mohammed,
however, the fortune of the man is to be confidered in general,
(without regard to any particular ability,) infomuch that a man who
may even be qualified both to pay the dower and to provide fubfiftence,
yet may not be held the equal of a woman poflefled of a large property;
fince men confider wealth as conferring fuperiority, and poverty
as inducing contempt. Aboo Toofaf, on the other hand, maintains
t at wealth is not to be, regarded in this refpedt, fince it is not a thing
° a ftable or permanent nature, as property may be acquired in the
morning and loft before night.
v o l . i . • a
in point of
fortune.
E q u a l it y