Confeflion o f
fiander. canthe
defign of the infHtution is to purify the world from fin, and
this demonftrates that punifhment for fiander is a right of God :—
fome of the rules in it, moreover, prove punifhment for fiander
to be a right of the individual, fuch as that “ it cannot be decreed but
“ where fome perfon fues for it,” which is a right of an individual;—
and, on the other hand, fome of it’ s rules prove punifhment for fiander
to be a right of God, fuch as, that “ the exadtion of it is committed
“ to the magjlrate, and not to the perfon Jlandered.”— In Abort, in
the punifhment for fiander there are two contending principles ; and
fuch being the cafe, Shafei gives the firfi principle the preference,
namely, the right o f the individual, confidering that as fuperior
to the right of G od, the right of the individual being preferable,
becaufe of his being neceffitous, whereas God is not neceffitous :
our doctors, on the other hand, give the fecond principle the
preference, and hold it to be the fuperior, becaufe in whatever
degree the right of the creature may be concerned, the Creator
is the fufety, and the guarantee thereof; and hence the converfation
o f the rights of the individual is therein obtained : but the cafe is not
the fame in the reverfe of this propofition, becaufe there is no authority
to exadt the right of God, but in the way of a vicarious delegation.
Thefe different tenets, as held by each party, are notorious ;
and from them proceeds a contradidlion of opinion refpedting a variety
o f cafes in punifhment for fiander. Thus, according to Shafei, punifhment
for fiander is an inheritance; but in the opinion of our
dodtors it is not fo, as inheritance obtains only in the rights of the individual,
and not in the rights of God.— Again, the remiffion of it is
not approved by our doctors; but according to Shafei it is approved:
and a°ain, it is not lawful to accept of any thing in lieu of punifhment,
according to our dodtors; but according to Shafei this is
lawful. It is recorded that the opinion of Aboo Toofaf refpedting re-
miflionis the fame with that of Shafei.
If a perfon make confeflion of fiander, and afterwards retradt from
fuch
fuch confeflion, his retradlation is not to be credited, becaufe, as the'
ri°ht of the fiandered perfon is therein concerned, it is to be fuppofed
that he will falfify the retradtation:— contrary to fuch punifhments
as are purely a right o f G od, where the retradlation muft be admitted,
as there is no perfon concerned to oppofe the veracity o f it.
I f a man were to call an Arab a Nabathean*, punifhment for A term o f
^ M H abuje does not
Hander is not incurred by him, becaule he is here luppoled only to conftitute
fpeak comparatively,— implying merely that the perfon he addrefles is J,and‘r-
a Nabathean mbadnefs o f difpojithn, or in want of virtue: and in'the
fame manner, if a man were to fay to an Arab “ Thou art not an
« Arab,” no punifhment would follow for the fame reafon.
Ik a man fay to another, “ O fon of the rain,” he is not a
flanderer, becaufe thefe words may be confidered as implying purity
and foftnefs o f manners, as rain is diftinguifhed by the qualities of
purity andfoftnefs.
If a man, in fpeaking to another, fhould declare him to be the
fon of any of his parental relations other than hisfather, fuch as his
maternal or paternal uncle, or his ftepfather, he is not a flanderer,
becaufe it is common to beftow the appellation offather upon each of
thefe relations, in the fame manner as upon the natural parent.
If a man, being in anger, fay to another Zinte-feeal-Jiblee +, and Equivocal«:,
fhould plead that he thereby meant “ you climbed up the hill,” yet whoredom
punifhment for fiander is to be inflidted on him, according to the two
Elders. Mohammed maintains that punifhment is not to be inflidted fiander;
* T h e Nabatheans are a tribe upon the confines o f f a k , remarkable for the barbarity
and ferocity o f their manners.
t T h is may be either tranflated K you committed whoredom in the mountain,” or
w you afcended the mountain,” as the term Zinna lignifies not only whoredom, but alfo
climbing, or afcending”
V O L . II, K Oil