B ook IV . O f Divorce.
T he great variety of matter which this book embraces, and the many
deviations which it admits from its main fubjeft, the Tranflator fhall not
undertake either to .account for or to defend.— From the contents of the
£rft fix chapters the reader will .perceive that the Mohammedan law
of divorce bears a ftrong affinity throughout to that of Moses. In this,
as in piarriage, no written inftrument is required, the repudiation being
effected merely by the verbal declaration of the party.— Cuftom, indeed,
and the municipal regulations of moft Mujfulman countries, following
the example of the Jews, have made a writing o f divorce, i f not an ef-
fential, at leaf! a circumltance which it would be highly indecorous to
omit. What moft forcibly ftrikes us on the perufal o f this fubjedl is
the extreme facility with which a hufband may rid himfelf of his female
partner,— a facility which, when we confider the too frequent levity and
flcklenefs of Man , feems at firft fight calculated to expofe the weaker fex
to the moft degrading infult which malice'could didlate, or caprice put in
practice.— The Arabian legiflator has, however, eftablifhed fo many
bars, and pride itfel-f oppofes fuch obftacles as, i f they do not completely
remedy, at leaft tend greatly to counteract this apparent defed.
■— Before a divorce becomes irreverfble it muft have ‘been pronounced
th ree times, allowing (according to the orthodox form) an interval of a
month to pafs between .each fentence,— or fuch a period muft have elapfed
as. affords .ample room for reflection and repentance., in cafes of anger or
difguft; and a r.everfal is, at any time before the expiration o f that term,
eftabliffied by either word or deed, denoting a reconciliation. T h e hufband,
moreover, unlefs he can prove grofs mifbehaviour, muft give, up
the dower.— But the moft powerful obftacle to unjuft or capricious repm
diation is that part of the law which provides, that i f a wife be once
completely divorced, the hufband cannot take her again, until ffie be
previoufly married to, bedded with, and divorced by, another man.— T o
this falutary regulation chiefly is owing the diflike which obtains againft
diyorce in all Mujfulman countries, and the dilhonour attached to it,—
8 infomuch
infomuch that the inftances of. it are very rare, notwithftanding the liberty
which is permitted by the L a w . T h e place and title of Chap. X V .
would naturally lead us to conclude, that it treats in particular of the alimony
payable to a divorced wife during the term of probation. This,
however, is by no means the cafe •, for it is made to comprehend thofe
rights of every perfon which come under the denomination of Maint
e n a n c e ,— not of the wife alone, but alfo of parents, children, poor
or difabled relatives, and {laves.-With refpeft to domeftic arrangements,
this is, perhaps, the moft ufeful fedtion in the whole work. It evinces;
in many places, a confiderable fpirit of humanity, and very properly introduces—
Book V. O f Manumission.
T enderness towards Slaves is certainly a prevalent principle in
the Mujfulman law, - notwithftanding fome paffagéS which occur in
this treatife concerning them are direftly repugnant to common feeling,
and to the natural rights of Man.— In the XX IV th chapter of thé
K oran this tendernefs ' is ftrongly enforced with refpeft to certain
points11in the domeftic treatment of th em * ; and it may alfo be
traced in various parts of this Commentary.— It is, indeed, in prablice
pretty much confined to the flaves profeffing the Mujfulman faith,-as it is
natural to fuppofe that the followers of the Prophet do not entertain the
fame regard towards their bond-fervaHts of other religions. Still, however,
we fhall be guilty of greaf injuftice,' if we form our ideas of Muf-
fulman flavery from the treatment experienced by Chriftian captives
among the barbarians of Tunis and Algiers. T h e precepts concerning
J Th e paflage referred to treats of matching flaves who, are flngle:— “ C ontract (in
u marriage) those of t &em who are single, such as are worthy, of your male
« AND FEMALE (flaves ;) IF THEY BE POOR, G O D WILL ENRICH THEM OF HIS BOUNTY.”
.___“ U nto such as desire a written covenant, (of Kitabat,) grant it , if ye
« SEE GOOD IN THEM J AND GIVE THEM OF THE RICHES OF G O D , WHICH HE HATH
“ GIVEN YOU,” &C.
V ol. I. i manumiffion.