lxxviii'
B ook X X X IV . . O f C om pu l s ion . ,
I t is in general agreed, by*' moft juridical writers, that a defect of
the will, arifing from compulfion, is an excufe for any crime committed,
and an annulment of any deed executed under i t In the Mujfulman code
this rule, however, does not invariably hold, as from what occurs under
this head it appears, th&fompe/fed, contradts or other adts are neverthelefs
valid in their efFedt; and that offences committed under the influence of
fear have ftiil a degree of criminality attached'to them.
.Book X X X V . , O/' I n h ib it io n .
T he fubjedt o f this book comprehends every fpecies of incapacity,
whether natural or accidental. T h e fecond chapter exhibits one of the
moft ftriking features in the inftitutes of Mohammedanifm.— How far legal
reftridtions upon adult pfodigals are- calculated for the advantage o f the
community at large, is not our bufinefs to inquire. It is, however, certain,
that the impofition of wholefome limitations upon thoughtlefs extravagance,
and every other fpecies of folly, i f more generally introduced,
would operate powerfully to preferve the property and peace of families,
and (perhaps) the virtue of individuals.-^The inhibitions upon debtors, as
contained in Chap. III. are well worthy of attention.
Book XX X V I. O f L icensed Slaves.
T h a t regulation of the Mufulman law by which a mafter is empowered
to endow his Have with almoft all the privileges and refponfibilitifes of
a freeman, prefervin'g, at the fame time,- his property in him inviolate,
affords,;; a*.ftioqg-proof; of its tendernefs with refpedt to bondage. - I t in fa a
. places, the Rave who obtains-this advantage rather in the light b'foan 'attached
dependant xhm. .of a merè fervile inftrument, deprived- of privilege,
and deflitute of volition. *:1
Book XX X V II. O f Usurpation.
Book XXXV III. O^Shaffa.
T h e points of difeuffion which occupy thefe books are of fome importance
in every view. T h e regulations in the former are, for the moft
part, falsified by natural juftice, 'and thofe in the latter, by many confi-
derations of conveniency and expedience. Several particulars which occur
in treating of Ufurpation muft indeed be referred to certain cuftoms prevalent
in Arabia. T h e right of pre-emption enjoyed in virtue of community
or. contiguity of property, is perhaps peculiar to the Mujfulman law.
However accommodating to the interefts and partialities of individuals,
this privilege may neverthelefs be confidered as liable to fome objection, on
.the (core, of affording, room for endlefs litigation. • Under certain reftric-
tions, it is both a j-ufi and a humane inftitution.
V O L . IV.
Book X X X IX . O f Partition.
T his book relates, chiefly to the divifion of inheritable property. By
the Mujfulman law, as by the Roman, parceners in an eftate may be con-
ftrained to make a partition of . their joint inheritance, for which purpofe
proper officers are appointed by public authority.— T h e fame rule alfo extends
to, other deferiptions. of partnerfhip property. T h e principal tendency
of the difquifitions under this head is, to fhew what are proper
objedts of partition,, and in what inftances the magiftrate is at liberty to
compel the parties to accede to the feparation of their joint pofleffions.—
The laws o f ufufrujtuary partition, as contained in Chap. V . poffefs much
curious originality.