16 PP UU NN II SS HH MM EE NN TT SS .. Book VII.
gious principles; in all thefe cales, therefore, the advantage of the
carnal enjoyment is defective, whence the huffiand of fuch woman
does not, by confummation, become a Malfan, or married man, in
that fenfe which induces lapidation.— And the rule is the fame where
the huffiand is an idiot, an infant, a Jlave, or an infidel, and his wife
fane, adult, and a Mufflima.-—Aboo Yoofaf has laid that where the wife
is an infidel, her huffiand, being a Muffulman, by confummating his
marriage with her, becomes as a married man; but in reply to this,
befides what has been above advanced, it is to be remarked that the
prophet has declared, “ A M u s s u l m a n is not rendered a married man
“ by connexion with a C hr'i s t i a n , nor is a f r e e m a n rendered mar-
“ riedby connexion with a wife who is a s l a v e ; nor a s l a v e by con-
“ nexion with a wife who is f r e e . ”
Stoning and
fcourginx cannot
be unitedj
I t is not lawful to unite the punilhments offtoning sx-A fcourging
in the fame perfon, becaufe the prophet has left no precedent of the
kind; and alfo, becaufe if they were to be united, the fcourgirig
would be ufelefs, fince the defign of correftion is a warning from
vice, and this warning is effected by lapidation in refpeft only to
others than the perfon fo puniffied; for a warning cannot be effected,
with relpect to the perfon punifhed, after his deftrudtion.
nor (with rc-
fpeâ to a -woman)
fcourg-
ing and batsijhment.
If a woman guilty of whoredom be of mature age, in her puniffiment
fcourging and banifhment cannot be united. According to Shafei
thefe two may be united with relpedt to her by way of puniffiment,—
that is baniffiment may alfo be included in her puniffiment,— becaule
the prophet has declared ‘ ‘ I f a man, being unmarried, commit whore-
“ dom with a woman who is o f age, the punifhment o f fuch is one hun-
“ dred ftr ipes; and he Jhall be excluded from the city fo r the fpace o f
“ one year, as by his banifhment the door is Jhut againft whoredom, be-
“ eaufe in an unfettledfituation a man meets with few female compa-
“ nions to tempt him to commit it A The arguments of our doctors are
twofold;— f i r s t , God has declared' “ t h e w h o r e a n d t h e
WHOREMONGER
‘ ‘ WHOREMONGER SHALL YE' SCOURGE WITH AN HUNB'RED
s t r i p e s , ” from which it is evident that the foie puniffimeritf of
fuch is one hundred ftripes; for i f it were more, it would be there
mentioned, and one hundred ftripes alone, would not have been declared
fufficient :— s e c o n d l y , her baniffiment is opening the way to
the further commiffion of her crime, becaufe people are under lefs re-
ftraint when removed from the eye of their friends and relations, as
thole are the perfons whole cenfures they are moft’ in dread of : moreover,
in an unfettled fituation, and among ftrangers, the necelîàries
o f life are with difficulty procured, whence ffie might be induced voluntarily
to proftitute herfelf for a fupply, which o f all kinds of whoredom
is the moll abominable ; and the faying of Alee that “ Baniffi-
■“ ment is a means of fedudtion,” is founded on this fécond reafon.—
As to the faying of the prophet quoted by Shafei, it is fuperfeded, as
well as the remainder Of that faying, I f a S iy e e b (meaning a man
“ who has confummated à marriage) afterwards cdmmit adultery with
Tj a S i y e e b a , their punifhment is one hundredJiripes andlapidation —
the way in which this is fuperfeded is explained in its proper place.
In ffiort, baniffiment, with refpeft to a loole woman, in the way of
punifhment, is not lawful : but yet if the magiftrate ffiould find it ad-
vifeable, he may baniffi her for the Ipace of one year, or lefs, but this
baniffiment is in the way o f Tiazeer or difcrttionary correction, as
baniffiment may in fome cafes operate as a warning, wherefore it is
committed to the Kdzee or the Imâm ; and what is recorded concerning
the companions, of their having banfhed people, is to be regarded
in the way of fazeer.
The execn-
t ion xsîjloning
is not fuf-
pended on account
of lick-
nefs-:
If a ftck perfon, being one whole proper puniffiment is lapidation,
■ commit whoredom, he is to be Boned, becaufe his deftrudtion is due,
and is therefore not to be fufpended on account of his illnefs; but if
he be one whofe puniffiment is fpurging, the execution of it mull be
deferred until his recovery, left life ffiould be endangered, for the fame
■ realon as the limb of a lick thief is not cut off until he be in a proper
habit of body to endure the amputation without rilk of life.
V ol. I L D <If