and is o f four
orders, ox de-
Cliaftifement
may be in-
flitted by the
impofition of
Chaftifement
may be in-
flifted by any
perfon.
that the degree of it is left to the difcretion of the Kdzee, becaufe the
defign of it is correction, and the difpofitions of men with refpedt to it
are different, fome being fufEciently corre.dted by reprimands, whilft
others, more obftinate, require confinement, and even b/ows.
In the Fatdvee Shafee it is laid that there are four orders or degrees
of chaftifement ;—f i r s t , the chaftifement proper to the mofi
noble o f the noble,—(or, in other words, princes, and men of learning,)
which confifts merely in admonition,; as if the Kdzee were to fay to
one of them, “ I underftand that you have done thus, or thus,” fo as to
make him a f h a m e d s e c o n d l y , the chaftifement proper to the
noble, (namely commanders of armies, and chiefs of diftridts,) which
may be performed in two ways, either by admonition, (as above,) or by.
J/rr, that is by dragging the offender to the door and expofing him
to fcorn;— t h i r d l y , the chaftifement proper to the middle order,
(confifting of merchants and fhop-keepers,) which may be performed
by yirr, (as above,) and alfo. by imprifonment; and f o u r t h l y , the
chaftifement proper to the loweft order in th e , community, which
may be performed by Jirr, or by imprifonment, and alfo by blows..
It is recorded from Aboo Yoofaf that the fultan may inflidt chaftifement
by means of property,—that is, by the exadtion of a fmall
fum in the manner of a fine, proportioned to the offence ; but this
dodtrine is rejedted by many of the learned.
Imam-T imoor-T ashee fays that chaftifement, where it is incurred
purely as the right of God *, may be inflidted by any perfon
whatever; for Aboo fidfir Hindoodnee, being afked whether a man,
finding another in the ad of adultery with his wife, might flay him,
* T h a t is, where it is incurred'by an offence committed merely againft the l a w , and
not affecting an individual.
replied,
replied, “ If the hufband know that expoftulation and'beating will
“ be fufficient to deter the adulterer from a future repetition of his
m offence, he muft not flay him; but if he fee reafon to fuppofe
“ that nothing but death will prevent a repetition of the offente, in
“ fuch cafe it is allowed to the hufband to flay that man ; and if the
“ woman were confenting to his adt, it is allowed to her hufband
“ to flay her alfo ;” — from, which it appears that any man is empowered
to chaftife another by blows, even though there be no ma-
giftrate prefent. He has demonftrated this fully in the Moontaffee ;
and the reafon of it is that the chaftifement in queftion is of the clafs-
of the removal o f evil with the hand, and the prophet has authorifed
every perfon to remove evil with the hand, as he has laid “ Whofoever
“ among ye fee the evil, let him remedy it with his own hands;
“ but i f he be unable fo to do, let him forbid it with his tongue,”— (to
the end of the fpeech.)— Chaftifement, therefore, is evidently contrary
to punijhment, fince authority to inflidt the latter does not
appertain to any but amagiftrate or a judge.— This fpecies of chaftifement..
is alfo contrary to the chaftifement which is. incurred on
account of the right of the individual, (fuch as in cafes offlander, and
fo forth,) fince that depends upon the complaint of the injured party,
whence no perfon can inflidt it but the magiftrate, even under a
private arbitration, where the plaintiff and defendant may have referred
the decifion of the matter to Any. third perfon.
C h a s t i s e m e n t , in any inftance in which it is authorifed by
the l aw, is to be inflidted where the Imdm fees it advifeable.
If a perfon accufe of .whoredom a male or female Have, an Atn-
Walid, or an infidel, he is to be chaftifed, becaufe this accufation is.
an ojfenfive accufation, and punifhment for flander is not incurred
by it, as the condition, namely Ihfdn, (or. marriage in the fenfe
which induces punifhment for flander,) is not attached to the accufed:
chaftifement therefore is to be inflidted. And in the fame manner,
if
It is to be in-
flitted where-
ever it is ao-
thorifed-.
Chaftifement
is due for
flandering a
fia-ve or an
infidel.