I N S T I T U T E S . B o o k I X .
An abfconded
.apoftate, again
embracing the
faith, and returning
into
th t Mujfulman
territory, may
reclaim fuch
o f his property
as is reg
a in in g ,in
the hands o f
.his heirs.
that an apoftate is liable to be put to death in confequence of the abrogation
of his protetftion, in the fame manner as a hoftile infidel, who
comes into the Mujfulman territory without a protection, is liable to
be put to death, from being deftitute of protection to his perfon;_
-and the expofure to death for fuch a reafon occafions a doubt with
refpeCt to the competency of the perfon who is liable to it. It is other-
wife in the cafe of an adulterer or a murderer, becaufe, although thefe
'be liable to death, yet their being fo is not in confequence of defirulTwn
to theprote&ion o f their perfons, but as a retribution for their offence;
and as this does not occafion any doubt refpeCting their competency,
their aCts are all legal and valid.— It is otherwife, alfo, with refpeCt to a
female apoftate, becaufe, as Ihe is not accounted an infidel enemy, lhe is
not liable to be flain.
If an apoftate, after a decree being iftued uniting him to the infi-
•dels, become a Mujfulman, and return into the Mujfulman territory,
he may take back whatever of his property he finds remaining in the
hands of his heirs, becaufe the heirs have not taken the fame, in
virtue of their right of fucceflion, for any other reafon than as he has
no further occafion for i t ; but when, becoming a Mujfulman, he returns
into the Mufulman territory, he has occafion for the property;
and as his neceffity precedes the right of the heirs, he may refume the
property out of their hands.— It is otherwife where there is no property
remaining in the hands of the heirs, for in this cafe he is not entitled
to feek indemnification from them, becaufe the heir has expended the
property, from his own pofleflion, at a time when it was lawful for
him fo to dor neither does the above rule apply to his Am-Walids or
Modabbirs, becaufe they are free, and the apoftate is not at liberty to
recover them, as the decree of the Kazee, awarding their freedom,
has been rendered valid by the circumftance which imparts to it that
property * , and hence cannot be reverfed.
* Probably, meaning, bis defection to a foreign country..
If
If an apoftate who had deferted into a foreign country, becoming
a Mujfulman, come back into the Mujfulman territory, before the
Kazee lhall have iftued any decree refpeflting him, in this cafe it is
accounted the fame as if he had continued uniformly a MuJJ’ulman, and
had never apoftatifed; as was before-mentioned.
If an apoftate have carnal connexion with a- Chrifiian female- CHe a ^
flave, who had been in his pofleflion during his adherence to the faith, the flave of
and this flave produce a child after more than fix months from the an aE° ate"
date of his apoftacy, and he claim the child, in this cafe the flave
becomes his Am-Walid, and the child is his child, but yet does not
inherit of him. If, however, the female flave become a Muf-
Jlima, the child inherits of him, upon his death, or expatriation.
His claim ( f offspring * is valid, for this reafon, that the validity
of a claim ~of offspring does not depend, upon aBual poffefjion, (as
was before ftated:)— and the child’s inheriting where the mother
is a Mujfima, and not inheriting where lhe is a Chrifiian, is becaufe
the child of an apoftate is a dependant on the father where the mother
is a Chrifiian, (fince the father is more nearly related to IJlam, as
compulfion will be ufed to make him return to the faith, and it i3 ,
probable that he may again become a Mujfulman-,~): and fuch being the
cafe, the child is accounted the fame as an apoftate, and an apoftate
cannot inherit of an apoftate; but where the mother is a MuJJlimd,.
the child is a Mujfulman, as a dependant on the. mother,:— and. a
Mujfulman may inherit of an apojlate.
If an apoftate go off, with his property, into a foreign country, THe property
and the Mujfulman forces afterwards obtain pofleflion of that pro- fConXdtpof-
* -Arab. IJieelad: the term "of law for a mailer laying claim to (or acknowledging)
a child born o f his female Have, and declaring it to be o f his own begetting, which
legalifes the child to him. It is treated o f at large, under the head o f Manumijfion o f Slaves...
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