Puni Aiment is
incurred by
an injkiel who
Glanders a ,
MuJJldman.
A Mujfulman
fuftering pu-
niAiment for
Aander, is in-
capacited
from being a
nuit nefs :
and an infidel
alfo, (with re-
fpett to Zim-
mees.')
the Pagans, according to Haneefa,— but the difeiples hold that it is
not approved; as was explained at large in the book of Marriage. -
If an infidel, refiding under proteftion in a Mujfulman flate,
fhould accufe a Mujfulman, punifhment for flander is incurred by him,
becaufe, in punifhment for flander, the rights of the individual are
concerned, and the protedled infidel has undertaken to pay a due ob-
fervance to the rights of individuals,1 fince, as he himfelf defires to be
fcreened from injury, it follows that he undertakes that he will not
offer injury to others; and alfo, that he fubjedls himfelf to the confe-
quence, if he fhould do fo.
If punifhment for flander be inflidted upon a Mujfulman, his evidence
cannot afterwards be received, although he fhould repent.—
Shafei alleges that, in cafe of repentance, the credibility of his
evidence is reftored. This point will be further explained in treating
of Evidence.
If an infidel fuffer punifhment for flander, his evidence becomes
inadmiffible, not only with refpedt to Mujfulmans, but alfo with re-
fpedt to Zimmees,— becaufe competency in evidence appertained to
him with refpedt to all of his own defcription, (namely, Zimmees,')
but his evidence is thenceforth to be rejedted,— rejedtion of evidence
being one of the confequences of punifhment for flander.— But if this
infidel fhould be afterwards converted to the faith, his evidence then
becomes admiflible with refpedt to both clafles, (that is, both Mujfulmans
and Zimmees,) becaufe, upon his embracing the faith, he obtains,
de novo, a competency in evidence which did not before'exift*, and
the rejedtion of which, therefore, is not a confequence of the punifhment
for flander: -contrary to where a Have buffers punifhment for
flander, and is afterwards emancipated; for here his evidence ftill
Namely with refpect to Mujfulmans.
continues
continues inadmiffible, fince, as he was not competent to appear at
all as a witnefs, during his Jleevery, fo as that the rejedtion * o f his
evidence'might be the confequence :of 'his ■ having buffered punifhment
for flander, this cite umftance will operate to that effedt after
. his emancipation.
If a Angle ftroke be inflidted on an infidel on account of flander,
and he fhould then embrace the faith, and the remainder of the punifhment
be afterwards inflidted, in fuch cafe his evidence is admiflible,
becaufe' the rejedtion of evidence is the means of rendering punifhment
entire and complete, and is therefore a manner of punifhment;
but-Us the degree o f punifhment inflidted after his having embraced
the faith is only a partialhorre&ion, and not what can be properly
termed punifhment, the rejedtion of evidence is not to be confidered as
a manner of it f .B i t is recorded from Aboo Yotfiif that Kis evidence
muft for the future be rejedted, becaufe the degree of punifhment
inflidted fubfequent to his converfion is the greater proportion of it,
and thefmalhr is a dependent of the greater. But the former is the
more approved dodtrine.
If a man commit whoredom at feveral different times, or repeatedly
drink wine, and the punifhment for either be afterwards inflidted,
the Angle punifhment, in either inftance, is' confidered as
anfwering to all the repetitions of offence;'and fo alfo, if a perfon
were repeatedly guilty of flander, and punifhment for flander be
afterwards inflidted on him. The ground of this, in the cafe of
■ whoredom and wine-drinking, is that the punifhment in both thefe
* Meaning the maimijfibiliiy.-----
t T h is it range fophiftry turns entirely upon the meaning o f the -term Aidd, which is
Refined to be a certain Hated correction completely executed, any thing fhort o f this not
being A id d [punifhment], but only chajlifement.
L
Cafe o f an infidel
embracing
the
faith during
infli&ion of
punifiiment.
A Angle pu-
nifhment an-
fivers to all
the previous
repetitions o f
whoredom or
*wine-drink-
ingi
Vox.. II. inftances