one of the inhabitants of a Mujfulman country ; (whence it is that he
is at liberty to return into the foreign country, and alfo that if a
'Mujfulman or an infidel fubjed, were to murder a protected alien, no
retaliation would be exaded of them ;) now a proteded alien fubjeds
himfelf to fitch of the ordinances of the law only as he himfelf derives
an advantage from; and thofé are all fuch as refped the rights of individuals
; for where he is defirous of obtaining jufiice for himfelf
from others, he alfo fubjeds himfelf to juftice being exaded on him
in behalf of others ; and retaliation * and punifhment fo r Jlander are
among the rights of individuals, hot punijhment fo r whoredom is a right
of the law. The argument of Mohammed is that in whoredom the
man is tho principal, and the woman only the acceffary, according to
what was before ftated ; now the prévention of punifhment in refped
•to the principal occafions the prevention of it in refpedt to the aceejfa*y-,
but the prevention of punifhment with refped to the accejfary does not
occafion the prevention of it with refpedt to the principal-, as in a cafe,
therefore, where a proteded alien commits whoredom with a female
anfidel fubjedt, there is no punifhment for the alien, fo neither is there
any for the infidel fubjed; but where an infidel fubjed Commits
whoredom with a female proteded alien, punifhment is to be inflided
on the fubjed, but not upon the alien ; and the remiffion of punifhment
in refped to the alien does not occafion its remiffion with
refped to the infidel fubjed, becaufe the woman is only an accejfary._
'Correfpondent to this is the cafe of a man committing whoredom
with a girl who is an infant, or with a woman who is infane, where
•punifhment is inflided upon the man, but not upon the infant or the
Junatick; whereas, if a woman admit a boy or an idiot to commit
whoredom with her, neither of the parties is liable to punifhment.
The argument of Haneefa is that the ad of the proteded alien is
whoredom, becaufe he is equally with Mujfulmans called to the ob-
1 * T.his f s apparent contradidfion, as it is kid above that there is no retaliation for
•hL T r v 9i P al‘en : ,C is tQ be confl<Iered> however, that although a Mujfulman, or an
infidel fubjeft, be not liable to retaliation for the murder of an alien, yet the alien would be
*0 for the murder of a Mujfulman, or an infidel fubject.
fervance
fervance of certain commands and prohibitions, on account’o f the
torments and chaftifements of a future ftate, (according to the Mooz-r
hab-Saheehf) although he be not called to the religious obfervances
of the L a w ; but the woman’s admitting him to commit the fad is-
the occafion of punifhment to her :— contrary to the cafe of -the boy
or the idiot, for they are not called, nor under any conftraint. A .
difference fimilar to this obtains in the cafe of a man, who being
poffeffed, or under the influence of magick, commits adultery with a.
woman not under fuch. influence ; that is to fay, according to Haneefa,
punifhment is inflided but according to Mohammed it is not inflided.
o.n. either of the parties... ,,
I f a boy or an idiot commit whoredom with a woman who is of
mature age and found judgment, fhe confenting thereto, in this cafe
there is no punifhment,. neither to the boy, to the idiotr nor to the
woman -,— Zijfer and Shafe'i maintain that in this, cafe the woman incurs
punifhment ; and there is alfo one tradition of Aboo. Toofaf to the
fame effed. But if-a man who is of mature age and found judgment,
commit whoredom with a girl who is an idiot or an infant, capable of
copulation, in fuch cafe punifhment is. incurred by the man alone,
according to all the dodors.. The argument of Zijfer is that, a plea
on the part of the woman does not occafion the remiffion of punifhment
with refped to the man-, and in the fame manner, a plea.on
the part of the man does not occafion punifhment to be remitted with
refped to the woman-, becaufe each party is refponfible only for their
own ad. The argument of our. dodors . is that the a d of whoredom
proceeds from the man, the woman being no more than merely the.
fubjedt of it, and hence it is that the man. is. denominated by the
adtive term in copulation or whoredom and the woman by the
pajfive*..
* [In the original] c< T h e man is denominated the Watee-) o r Zanee, and the woman,
the Mowtooa, or Moozneea. T h e two firft are the a&ive participles meaning the copulata,
and the whoremonger ; the two fécond are thefe terms expreffed. in the feminine participle
pajfive. It is not eafy to convey the full force and meaning o f fuch paflages in any]tranflation. _
O b j e c t i o n ^
Whoredom
committed by
an infant or
an idiot does
not induce
puniftiment.