A MvJ/ulman
refiding under
arprotec-
tion in a
hoftile coun-
try-muft not
moleft the inhabitants.
C H A P . VI.
O f the L aw s con cernin g Moojldtnins *.
I f a Muffulman go as a merchant into a hoftile country it is not
lawful for him to moleft the inhabitants either in perfon or property,
•becaufe he, in-his acceptance of a proteftion, has undertaken to ob-
ferve this forbearance towards them; any moleftation of them afterwards
would-therefore be a breach of agreement; and a breach of
agreement is prohibited.— It is therefore unlawful for him to moleft
them in perfon or property, unlefs where the fovereign of the country
breaks the engagement with refpect to him, by feizing his property,
or throwing him into prifon,— or where others do lo with the
fovereigri’ s knowledge, he not preventing them,— in which cafe it is
lawful for the merchant to moleft them in perfon and property, as here
the breach of contract is on their part. It is otherwife in the cafe of a
'captive, to whom it is lawful to moleft them in perfon and property,
although they Ihould releafe him of their own accord, becaufe a captive
is not under protection.— It is proper, however, to obferve that
i f the merchant break his agreement with the people of the country,
and feize any of their property, and bring the fame into the Muffulman
territory, he becomes the proprietor, becaufe his acquifition of power
over neutral property is eftablilhed;— but yet in his pofleffion of it
there is an abomination, becaufe the property has been obtained by a
breach of treaty, and this is the occafion of abomination with refpedt
* Perfons refiding in a foreign country, under a protection procured from the ftate or
fovereign of that country.
f Arab. Dar-al-hirb: meaning, any foreign country under the government of infidels.
The tranflator generally renders it foreign country.
to
to that property; and hence the merchant muft be direfted to bellow
it in alms.
If a Muffulman, having procured a proteftion, go into a foreign No decree^
country, and there purchafe goods of an alien upon credit, or difpofe in a Mufful-
of his goods to the-alien upon credit, or ufurp the property of an alien, ^a'mg"
or an alien ufurp his property, and he afterwards return into the Muffulman
territory under a protection, in none of thefe cafes is the Kazee Muffulman
J . ■ . / a r ^ r ’ r c i . i and an alica to pafs any decree againit one of thole m favour of the other:—-not in (0r between
the firfi inftance, becaufe the validity of a decree of the Kazee refts
upon his authority, and here the Kazee was poffefled 6f no authority country,
whatever at the time of the debt being contracted, with relpeft either
to the debtor or the creditor, on account of feparation of country;—
neither is he poffefled of any authority with refpedt to the protected
alien at the time of the decree, as the alien has not undertaken to fub-
mit to the Muffulman laws with regard to adts done in time pall, he «
undertaking only for the future, that is, from the period o f his being
admitted to prote&ion:— nor in the fecond inftance, becaufe the property
ufurped has become the property of the ufurper, a3 the ufurper’s
acquifition of power over what he has ufurped isr an acquifition of
power over neutral property, according to what has been before
Hated.— If, moreover, both of thofe perfons were aliens, and one of
them aft by the other as above defcribed, and they both afterwards
Come, under a protedlion, intoThe Muffulman territory-The rule is
the fame, for the reafons here mentioned:— but if both become Muf-
fulmans, and then come into the Muffulman territory, in this cafe the
Kdzee may pafs a decree with refpedb to the debt, becaufe the debt of
the one t.o the other is a: lawful debt, as having been voluntarily engaged
in ; and the authbrity of the Kdzee exifts' with refpedl to both,-
at the time of the decree, as they have then both fubmitted to the laws of
IJlam, by embracing the faith.— If, however, one of them Ihould have
ufurped property belonging to the other, in this cafe the Xaser cannot
V ol. II. C c pafs