manumiffion are injundtive with refpedt to believers only; but thofe
which recommend kindnefs and good ufage apply to all alike. T h e law
in many inftances affords« them proteftion -againft injuftice, and declares
them to be “ claimants o f right." It in fome particulars, moreover, provides
an alleviation to this otherwife mod hopelefs and degraded hate of
Man, unknown to the more polifhed inhabitants of Europe as may
be perceived in perufing the laws with refpedt to AmWalids, Mokdtibs,
Modabbtrs, and Mazoons.— To the free-born denizen of Br ita in , the
very name of. Slave carries with it fomething odious and difguftful:
but the Mohammedan bond-man, generally {peaking, experiences in a very
flight degree, if at all, the miferies which neceflarily attend that ftate in
fome of the dependencies of Europe ; where the riches of the commu-
nity grow out of the inceflant labour of wretches, whole fhortened date
of life is balanced againft their earnings, by rules of Algebra and
calculations of Arithmetic! I f the flaves • of Muffiulmans appear, by
their conduct, to be deferving of encouragement, they are frequently
treated rather as humble friends and confidents than as fervile
dependents; and though inhibited from riling in the ftate, often, in the
capacity of Mazoons, amafs a degree of wealth which enables., them
to purchafe their freedom.— The fubject of Manumiffion is difcuffed at'
large in the firft five chapters, of this book_Chap. VI. treats of a practice
which was common in A rabia before the time of Mohammed, and was
confirmed by his precepts,^, It affords a ftrong incentive to emancipation,
by enabling a mafter to perform an ad of piety which, being pofthumous
in its effedt, .cannot injure his circumftances. — Chap. VII. exhibits a
branch of that moft important article, “ the eftablijhment o f parentage."
It {hews, that the children born to a man by his female flaves are as leo-i-
timate as thofe begotten in marriage; and alfo, that the Mujfulman law,
like the Roman, does not acknowledge any affinity between a bafidrd and
his father, but throws him wholly upon the mother.
Book VI. O f Vows.
Oaths vare one of the bonds of fociety,' and in many inftances the
chief fecurity for public integrity and private property. Perjury, therefore,
has in all communities been juftly reprobated as a moft flagrant
crime. It is remarkable, however, that the Muffulmctn law has inftituted'
no fpecific puniftiment for this fpecies of offence, except in the cale of
flander, the legiflator feeming to think the apprehenfion of puhilhment
in a future fa te of itfelf fufficient to reftrain men from the commiffion
of it. This is evidently the cafe with refpedt to the expurgatory oaths
required of accufed or fufpedted- perfons. In matters of property, indeed,
the magiftrate is at liberty to puniffi it by a flight difcretionary corredtion;
but in thofe moft enormous inftances of it which implicate the life of
Man, the only ill confequence it induces, on difcovery, is a fine adequate
to the blood thus unjuftly fhed :— a very trifling atonement certainly! In
this defedt, however, (if it be fuch,) of their law, the Muffuhnans do
not {land alone.
V O L . II.
Book VII. O f P unishments.
T his book treats only of the puniftiments incurred by crimes, of a fp i-
ritual nature, thofe inftituted for offences againft perfon or property.
being difcuffed under their refpective heads. T h e punifhment for adultery
is certainly fevere. Yet we will not, perhaps, be forward to
condemn this feverity, i f we compare it for a moment with what is recorded
in the twentieth chapter o f Leviticus upon the fame point.— In
fact, from the nature of the evidence required, it was next to impoffible
that the offence fhould ever be fully proved, even among the tents o f the
A rabs ; fo that the inftitution of the prefcribed punifhment was in a
great meafure nugatory, except in cafes of confeffion by the parties.
That