Length o f the
term o f H iz
â n it .
not be entrufted to any relation beyond the prohibited degrees, fuch as
the Mawla or emancipator o f a flave, or the fon of the paternal uncle,
as in this there may be apprehenfion o f treachery.
T he right of Hizdnit, with refpeft to a male child, appertains to
the mother, grandmother, or lo forth, until hé become independant
of it himfelf, that is to fay, become capable of Ihifting, eating, drinking,
and performing the other natural functions without affiftance;
after which the charge devolves upon the father, or next paternal relation
entitled to the office of guardian, becaufe, when thus far advanced,
it then becomes neceffary to attend to his education in aU
branches"ôf ufeful and ornamental fcience, and to initiate him into a
knowledge of men and manners, to effeâ which-the father or paternal
relations are belt qualified \— (K a fd fi.ays that the Hizdnit, with re-
fpe£t to a boy, ceafes at the end of feven years, as in general a child
at that age is capable of performing all the neceflary offices for himfelf,
without affiftance.)— But the right of Hizânit with refpeft to a
girl appertains to the mother, grandmother, and fo forth, until the
firft appearance of the menftrual difcharge, (that is to fay, until ffie
attain the age of puberty,) becaufe a girl has ocfcafion to learn fuch
manners and accompliffiments as are proper to women, to the teaching
of which the female relations1 are mod competent;— but after that
period the charge of her properly belongs to the father, becaufe a girl,
after maturity, requires fome perfon to fuperintend her conduct, and
to this the father is mod completely qualified.— It is recorded from
Mohammed that the care of a female child devolves upon the father; as
foon as ffie begins to feel the carnal appetite*, as ffie then requires a
fuperintendance over her conduit ; and it is univerfally admitted that
the right of Hizânit of girls is reftrifted to that period, with refpeit to
all the female relations except the mother and grandmother. It is
* This is fuppofed by the Mujfulmans to commence fometime before'Cos appearance ef
the menftrual difcharge, at between eleven and twelve years of age.
written in the Jama Sagheer, that the.right of Hizdnit, with any except
the mother or grandmother, difcontinues upon the girl becoming
capable of performing the natural offices without affiftance, becaufe no
other is entitled to require any fervice of her, (whence it is that they
cannot hire her as. a fervant to others,) and fuch being the cafe the
end, (namely, the girls, education,) cannot be obtained: but it is
otherwife with the mother or grandmother, as they are invefted with
a legal right -to require her fervices..
If a man contrail his female flave, or Hm-Walid, in marriage to A flave has
any perfon, and ffie bear a child to her huffiand, and'the mafter after- the rig,ht.
wards emancipate her, flie then becomes (with refpedt to the child,} ingher free-
as a free woman;— that is, upon becoming, free ffie obtains her right ’
of Hizdnit which had not exifted whilft ffie was a flave, becaufe her
fervice, as a flave, would neceflarily interfere with the proper difcharge
o f the duties, of Hizdnit.
A Z i m m e e a , or female infidel fubjeit, married t-o a MuJJulman, an d a lfo a ir
is entitled to. the Hizanit of her child, although he be a MutTulman
o J J the wife o f a
like the father; but this only fo long as the child is incapable of form- Mogul man.
ing. any judgment with refpeil to religion, and whilft there is no apprehenfion
of his imbibing an attachment to infidelity; but when this
is the cafe, he muft be taken from the mother, becaufe, - although it
be for the child’s advantage to be under her care until that period,, his-
remaining longer with her might prove injurious.
A b o y or girl, having pafled the period of Hizdnit, have no o d - - . . . r Children,.
non to be with one parent m preference to the other, but muft necef- after the term-
farily thenceforth remain in charge of the father.— Shafei maintains remaiTfokly
that they have an option to remain with either parent, becaufe o f a of thethe;“ re
tradition of the prophet to this effect. The argument of our doctors
is, that young perfons from want of judgment will naturally wiffi to
flay with the parent who treats them with moft indulgence, and lays