BiiSs
Ixx P R E L I M I N A R Y
That thofe confeffions were fometimes made in the early days of IJlamifm,
is a fadt; and made, as they were, at the certain expence of life, they
afford a wonderful inftance of devoted zeal among the fir ft followers of
Mohammed. Still, however, even in thofe inftances, every means that
precaution could fugged: is enjoined to avoid the neceffity of inflicting the
fentence.— The three firft chapters of this book relate entirely to whoredom,
and the penalties incurred by each fpecies of illegal connexion._
Chap. III. involves fome curious matter concerning the retrofpedtive limitations
of teftimony, which in practice extend to all cafes of criminal ac-
cuiation. Much here occurs, likewife, concerning the general laws of
evidence, that may not be deemed unworthy of notice. Chap. IV . contain-
ing the penalties of drunkennefs, exhibits a degree of lenient indulgence
with refpedt to that vice which we fhould icarccly expect to meet in a
Mujfulman law-book, as it hence appears that a man' may. offend in this
way, even to a confiderable degree, without any danger of legal cognizance.
Slander, as treated of in Chap. V . comprehends all expreflions
which may either affedt the reputation of a man or woman previoufly
poffefied of a fair character, or the legitimacy of their iffue ; and the punifh-
ment has, added to it, an effedt equally juft: and politic, namely, incapacitating
the flanderer from appearing as an evidence on any future occa-
fion— Difcretionary cor re Elion, which forms the fubjedt of Chap. VI.
extends to all petty defcriptions of perfonal infult, even to abuftve language.
In fadt, two thirds of the punifhments incurred under the Muf-
Julman junldidtion at the prelent day, whether in Turkey, 'Perjia, or India,
are inflidted under the name of 7'a‘zeer.— We mull not pafs this book
without noticing the extraordinary indulgence lhewn to Haves, in fub-
jedting them, for all fpiritual offences, to only h a lf the punilhment of
freemen. T h e reafons alledged for this lenity manifeft an uncommon
degree of confideration and feeling ° for the Hate of bonda°£>-e.
Book VIII. O f L arciny.
T he Tranflator has adopted the term "Larciny, as the title o f this
book, becaufe that word exprefles every fpecies of T heft, from the moll
petty to the moft atrocious. T h e uniform punilhment annexed to Larciny
is the amputation of a limb, unlefs where the adt has been accompanied by
murder, in which cafe the offender forfeits his life by the law of R et ali a -
tion.— Many arguments might be adduced againft the law of rriutilation
in cafes of Larciny, founded as well on the inhumanity as the inefficiency and
inconvenience o f that mode of corredtion. It is, however, the only method
exprefsly authorifed by the text of the Koran ;— and if' we confider the
force of religious prejudice, and the effect o f long habit, it may perhaps
appear very unadvifable to introduce any hafty alteration in the penal ju-
rifdidtion in this particular,—efpecially as we have nothing better to offer
by way o f fubftitute, (for furely our penal laws' are ftill more fangui-
nary!) and al-fo, as the Gentoo laws, with refpedt to theft, are llridtly
analogous to the Mujfulman, in awarding mutilation under certain cir-
cumftances.— Chap. VII. o f this book is particularly worthy of attention,
as it refpedts the molt daring and outrageous breach which can be’ made
againft the peace and fecurity of fociety. T o enter fully into the fpirit of
the text, in this and many other parts under the head of Larciny', it is
requifite that we keep in mind the peculiar manners of the people in thofe
parts of the world where the Mujfulman law operates. It is obfervable
that, at- the end of this book, a remarkable inftance is incidentally introduced
of the forbearance of the law in a cafe of homicide upon pro-
rvocation.
Book IX. The Institutes.
T his book contains a chief part of what may be properly termed
the political ordinances'of Mohammed, and is ufeful both in a hiftorical
and a legal view,— in theformer, as it ferves to explain the principles upon
■ which