53
jlander; for if a man,in a date of intoxication were to make confeflion.
of flander, punifliment for (lander mud be decreed upon him, becaufe
this is not purely a right of God, but is alfo a right of the individual,
and therefore a (late of drunkennefs is here the fame as a (late of
fobriety, for the fake of inflidling a penalty, in the fame, manner as in
all other matters, fuch as divorce, manunujfon,. and fo forth.
cor apoflacy. JF a man, during intoxication, (hould apoftatize from the. faith,
his wife is not thereby divorced from him, becaufe infidelity depends
upon what may be a perfon’s belief, and that cannot be afcertained
during drunkennefs.
C H A P . V.
Of Hidd Kazaf, or the Tnnifhment for Slander,
Definition of
KaZaf, K a zaf, in it’s primitive fenfe, fimply means accufation. By Kazaf,
in the language of the law, is underflood a man infinuating a charge
of whoredom againfl a married man or woman ; the perfon fo. adting
being termed the Kazif, or fatiderer ; and the man or woman fo fcan-
dalized the Makzaof, or fandered.
Punifliment I f any perfon exprefsly accufe of whoredom a man or woman
bT ordered by who is married*, in fuch cafe, if the accufed require the magillrate
* Without producing the number o f witnefles requifite to prove the charge.
to
to pafs fentence of punifliment for (lander upon that perfon, the ma-
sriftrate is bound to order its inflidlion. ■
T h e punifliment for (lander is eighty frip es, if the flandered be
free, becaufe G od has fo commanded in the Koran, faying,— “ But
“ A‘s TO THOSE WHO ACCUSE MARRIED PERSON-#'OF WI-IOREDOM,
“ AND PRODUCE NOT FOUR WITNESSES, THEM SHALL YE SCOURGE
“ with fourscore stripeS” And the' conditions upon which
this punifliment is to be inflidled are twofold;— first, That the accufed
make requifition thereof, becaufe of his right being involved in
it, in as much as fcahdal “is by that means removed from him;—
secondly, That the accufed be a married man, this being particularly
(pecified- in the text already quoted.
It is neceflary that the eighty (Iripes [or drokes] be inflidled on
different parts [or limbs] of the offender, in conformity to what has '
been already advanced upon that fubjedt with refpedt to the punifli-
ment for whoredom: but it is to be obferved that the perfon fuffering
this corredtion is ,not to be dripped naked, becaufe the occafion of
the punifliment i's not abfolutely certified, fince it is polfible that the
accufer may have fpoken truly, for which reafon it mud not be in-
flicled with fevertty, is in punifliment for whoredom. The outer garment
or robe, however, together with any clothes which are fu ffed
or quilted, mud be removed, becaufe fuch a covering would prevent
a perfon from feeling his punifliment.
If the accufer be afa v e , the punifliment for (lander with refpedl
to him is forty fripes ; as bondage induces, only half punifliment,—
according to what' has been before repeatedly obferved -upon that
head.
T he fa te o f marriage of the flandered perfon [which is
a requifite condition o f punifliment to the fatiderer] requires that
I 2 he
the magif-.
Urate.
The punifhment,
to a
freeman, is
eightyßripes:
and to a Have
'fo r t} f.r if t s .
Defcription
o f a perfon
the flander