A jltrve to receive
fifty
ilripes.
A womSn is
not to be-
JirippecL
nifhment it muft not be infiided in the way of Mid*. Concerning
the meaning of the term Mid' there are various opinions:— feme fay
that it fignifies laying a perfon on his face upon the- ground, and
ftretching out his limbs;— feme, that it fignifies the executioner
drawing the rod over his own head; others, that it fignifies the executioner
drawing back the rod, after giving the blow ; but the correction
muft not be infiided in the way of Mid, according to any of thefe
acceptations, as it is more than what is due.
If the perfon convicted of whoredom be a flave, male or female,
the puniftiment of fuch is fifty ftripes, becaufe the Almighty has
faid [in the Koran] fpeakirig of female flaves “ th e y -Shael be
“ SUBJECT TO HALF THE PUNISHMENT OF FREE MARRIED
“ PEOPLE;” — and the termJlave in the text extendi to males as well
as to females. Moreover, as bondage occafionS'the participation of
only half the blejjings of life, it alfo occafions the fuffering of onlV
half the punijhments, becaufe an offence increafes in magnitude in
proportion to the magnitude of bl'effings under the enjoyment of which
it is committed.
T he punifhment of whoredom is the fame with refped to both fexes,
as all the texts which occur in the facred writings upon this fubjedr
extend equally to both; but yet a woman is not to be ftripped, neither
is her veil to be taken off, but only her robe, or other outward garment,
as the removal of any other part of her drefs would be offenfive
to modefty ; but as the robe or outward garment would prevent the
effed of the corredron, and the removal of fuch is not indecent, the
is to be ftripped of thefe.
A w o m a n is to receive her punifhment in aJiUingpodme., according
to the diredion of Alee before recited, and alfo, becaufe in this. a
regard is (hewn to decency, which it is incumbent to preferve; and
* Literally length; it admits of various applications.
5 for
for the fame rcaion, where a woman is to be ftoned, a hole or excavation
fhould be dug to receive her, as deep as her waift, becaufe
the prophet ordered fuch a hole to be dug for Ghamdeea before-mentioned,
and Alee alfo ordered a hole to be dug for Shooraha Hamdeeanee:
it is however immaterial whether a hole be dug or not, becaufe the
prophet did not ifl'ue any particular ordinance refpeding this;. and
the nakedtiefs of a woman is fufficiently covered by her garments; but
yet it is laudable to dig a hole for her, as decency is thus moft effec-
tually preferved. Thefe is no manner of neceflity to dig a hole for a
man, becaufe the prophet did not fo, in the cafe of Maa%. Andob-
ferve it is not lawful to bind a perfon in order to execute punifhment
upon him in this cafe, unlefs it appear that it cannot otherwife be
infiided.
A m a s t e r cannot inflid corredion upon his male or'female Have Slaves can.
[for whoredom] but by permiflion of the Kdzee.— Shafei has laid that nilhed' fo?
it belongs to a mafter to inflid corredion uponhis flave, in th-is as well
as in any other cafe, becaufe a man’s'authority over his flaves is gene- rity.
rib and abfolitte, even preferably to that of the Kdzee, as a mafter is
empowered to perform ads with refped to his flaves in which the
Kdzee is hot empowered ; this, therefore, is the fame: as d’azeer, or
difcretionary correction ; that is to fay, the mafter is- at liberty to inflid
ftated punifhment for whoredom upon his flaves in the fame
manner as difcretionary correction. The arguments of our doCtors
are twofold;— f i r s t , the prophet has declared that there are four
things committed to magiftrates, and that one of thofe is Hidd, or
ftated punifhment, which is here treated of;— s e c o n d l y , Hidd, or
ftated punifhment, is a right of G od, as the defign of it is to purify
the world from fin; and as it is a right of God,- hence it cannot be
done away by the ad of any individual, wherefore this right is- to be
exaded by the prince, as the deputy of the law, or by the Kdzee, as
the deputy of the prince: contrary to fa zie r , or difcretionary corredion,