The MuJJitl-
man wife of
an apoflate inherits
of him.
The ’whole of
a female apof-
tate’s pro-
perty goes to
her heirs.
A Mujfulman
does not inherit
of his
apoftate wife,
unlefs ihe
apoftatize du»
ring Jickne/s,
Upon art
apoftate being
expatriated
his Am-
Walitis.
T he wife of an apoftate, being a Mujflima, inherits of him, where
he die or be flam during her edit from Jeparalion in confequence of his
apoftacy, becaufe the hufband, in this cafe, becomes an evader *,
although he be not Jick at the time of his apoftacy.
T he property left by a female apoftate goes to her heirs, whether
it have been acquired during her profeflion of the faith, or in her
apoftacy; becaufe the woman’s perfon is inviolable j ; and the protection
of her blood is not deftroyed by her apoftacy; (whence it is
that fhe is not put to death;) and as the protection of her blood ftill
holds good, and her perfon continues inviolable, it follows that the
protection of her property alfo is not deftroyed, (finee, property is a
dependant of the perfon;)— and hence her property does not become
forfeited to the jiate.— It is otherwife in the cafe of a male apoftate; becaufe
he (according to the dodtrine of Haneefa) has made a diftindtion
between his property acquired during IJldm, and his property acquired-
during apofiacy,— as a male apoftate is. liable to be put to death.
T he hulband of a female apoftate (being a Mujfulman)inherits-
of her,- provided fhe have apoftatifed during ficknefs, with a view to
invalidate her hufband’s right:— but if fhe have apoftatifed whilft in
health, her hulband cannot inherit of her, becaufe a female apoftate is
not put to death for her apoftacy, and hence her hulband-s'fight does
not, in confequence of her apoftacy, become connedted with her
property :—-contrary to the cafe of a male apoftate.
If an apoftate go off to a foreign country, and the magiftrate iflue
a decree uniting him to the infidels, his Moodabbirs and Am-Walids
are free» and his deferred debts become undeferred, (that is, the pay-
* For a full explanation o f this term, fee Vo l. I . p. 283.
t Arab, Majoam-al-dam: that is , o f protected bloody meaning, not liable .to be flainYon
account o f her apo/tacy.)
ment
ment of them becomes immediately due,)— and his property acquired
during his profeflion of the faith goes to his Muffulinan heirs. Shafei
maintains that his property continues in fufpenfe; becaufe his expatriation
is merely a fpecies of abfence, and therefore operates in
the fame manner as his abfence within the Mujfulman territory ;
and as in the latter cafe his property remains in fufpenfe, lb in
the former cafe likewife. The argument of our doctors is that an
apoftate, by going into a foreign country, becomes an alien; and
as aliens are the fame as the dead with refpedt to the laws of IJldm, on
account of the termination of the power of fubjedting themlelves to
thofe laws, (in the fame manner as that power ceafes with the dead,)
a defertion to a foreign country amounts to death. His defertion
however to the foreign country is not confirmed but by a decree of
the magiftrate, as there is ftill a poflibility of his returning into the
Mujfulman territory, and hence it is requifite that the Kdzee iflue a
decree, uniting him to the foreign country, fo that fuch union may
be confirmed and become eftablilhed :— and as his defertion to a foreign
country Hands (upon the Kdzee's decree) in the place of his death,
thofe things which have a connexion with death do then become
eftablilhed, (namely, the freedom of his Moddbbirs, and. l'o forth, as
aforefaid) in the fame manner as they become eftablilhed upon his
actual deceafe. In taking pofleflion of the inheritance, Mohammed has
regard to the heir being entitled to inherit at the time o f the apoftate's
defertion, becaufe it is fuch defertion which is the occafion of the inheritance,
no regard being had to the decree of the Kazee farther than
as being a confirmation thereof,— in other words, by the Kdzee's decree
all poflibility of a return into the Muffulman territory is cut off, and
the defertion becomes confirmed. Aboo Yoofaf, on the other hand,
maintains that regard is had to the heir being entitled to inherit at
the time o f the Kdzee s decree, becaufe the apoftate is accounted as dead
upon the Kdzee ifluing fuch decree. The fame difference of opinion
obtains where a female apoftate abfeonds into a foreign country.—
The debts contracted by- the apoftate during his adherence to the
V ol. II. H h faith
and Moodabbirs
are frefe ;
and his property
acquired
in IJlamiJm
goes to his
heirs; and all
his debts become
immediately
payable
:
and the fame
o f a female
apoftate who
abfeonds.
Rule in the
discharge of