being had to his IJldm are alfo twofold :— f i r s t , Alee embraced the
faith whilft he was yet a boy; and the prophet confidered his IJldm as
valid and fufficient, infomuch that Alee obtained much honour by the
action:—se con d l y, the boy acknowledges the faith in his heart,
and teflifies to it with his lips,'-and this is the fubftance of IJlcun, and
thefubjlance of any thing is not liable to be fet afidet the cbnfequences
° f jf-dm, moreover, are eternal happinefs and future falvation, and thefe
being the.greateft advantages and natural effects, of Ifldm, they are accordingly
eftabl ifhedand any injury to which he may be fubjeft in confe-
quence of his ;Ifdm (fuch. as incapacity to inherit, and fo forth) is
comparatively of little moment. The argument of Aboo Toofaf, Z 'f-
fe r , and Shafei, in fupport of their opinion that no regard is to be paid
to his apoftacy, is that the apoftacy is injurious ,to himfelf The argument
oiHaneefa and Mohammed, to prove that no regard is to be paid to
his apoftacy, is that the apoftacy fubftantially exifts, and what .is fub-
fiantial is not liable to be fet afide, as was before urged in fupport of
the opinion which aflerts that regard is paid to his Ifidm.-Alt is to be
obferved that the boy may be compelled to return to the faith after
apoftacy, as this is for his advantage; but he is not to be put to death
on account of his apoftacy, as that is punijhment, and punifhment is
fufpended with refpedl to infants, they being objects of mercy.—
but-not other- Ah that is here ftated applies to boys under age, but arrived at years o f
Jifcretion.— As to a boy who has not yet attained difcretion, no regard
is had to his apoftacy according to all the doctors, becaufe the
declaration of fuch does not amount to a change o f faith. The fame
rule applies to lunatics:— and a perfon intoxicated with liquor fo as to
be deprived of his reafon is accounted the fame as-ar'lunatic.
* A perfon under age is hot held in law to be capable o f any adt by which he may
injure himfelf, fuch as contracting debt, emancipating Haves, and the lik e ; and the fame
rule is by thofe doctors applied to the circumftance o f fuch a perfon’ s apojiacy.
C H A P .
C H A P. X.
Of the Laws concerning Rebels.
P ersons who refill; the Im&m's authority are of four defections.—
I. Thofe who live in a ftate. of difobedience to the Imdm without tions.
aflioiling any reafon, whether in open force or otherwifo; and who
rob and murderMujulmans, and put travellers in fear;— and thefe are
termed Katta-al-fareek, or highway robbers, the laws'* refpeding
whom have been already treated of.— II. Thofe who are «rf engaged
in open force, and who rob and murder Mujulmans, and put travellers'
in fear; but who proceed upon fame avowed pretext; and thefe are ^
alfo fubjeft to the fame law with highway robbers.— III. Thofe who
beino in a large body, and poffeffed 0f a power of open refiftance,
withdraw themfelves from their obedience to the Imdm, under an ap -l
prehenfion which leads them to fuppofe that he; condufis himfelf
improperly, and which impropriety of conduit is in their conception
a fufficient caufe of war, whether it be tyranny, or infidelity: and
thefe are termed Khdrjees, or infurgents; and they hold the deftroy-
ing of Mujulmans, the feizing of their property, and enflaving their
women, to be lawful, and accufe the companions of the prophet of infidelity:
the laws therefore r'efpeiting fuch, according to all the
learned, and all the traditionifts, are the fame as the laws concerning ■ .
rebel's.— IV. Mujulmans who withdraw themfelves from their obedience
to the Imdm, and who hold it lawful to deftroy Mujulmans,
and to feize their property, and enflave their women, in the fame
manner as infurgents. People of this fourth defeription are termed
Baghdt, [rebels:] Bagh&t is rthe plural of Bdghee: the word Bdghee,
in its literal fenfe, means prevarication; alfo injuftice and tyranny:—i
n