Whoredom
may be efta-
blifhed by
proof or by
lonfejjion.
fame manner, the extenfion of it to fazeer (or difcretionary chaftifo-
ment) is not approved, as f ’azeer is a fpecies of correction not fpeci-
fied or determined by any fixed rules of law, but committed to the
discretion of the Kdzee. The original defign in the inftitution of Hidd
is determent, that is, warning-people from the commiflion of offenfive
actions : and the abfilution of the perfoa punifhed is not the original
defign o f it, as is evident from its being awarded to in f dels in the
fame manner as to Mujfuhnans.
Chap. I. O f Zinna, or Whoredom *.
Chap. II. O f the carnal Conjunction which occahons Punifh-
ment, and of that which does not occalion.it.
Chap. III. O f Evidence in Adultery and of Retraction therefrom.
Chap. IV . O f Hidd-ShirruB, or the Punifhment for drinking;
Wine.
Chap. V. O f Hidd-Kazaf, or the Punifhment for Slander,.
Chap. V I . O f fazeev, or Chaftifement.
C H A P . I.
O f Zinna, or Whoredom.
W h o r e d om is eftablifhed before the Kazee, in two different
modes, by Proof, and by Confejfon;— by proof, becaufe that is a
demonftration founded on the^ppearance of fads;— and by confejton,
becaufe probability is moll in favour of the truth in fuch acknowledgement,
efpecially, where it is to be the occafion o f fuffering and
* Meaning either adultery orfornication.
fbame
fham e to the perfon confefling;— and whoredom being an act the
nature of which mod frequently excludes the poffibility of pofttive
proof, it is neceflary that circumfantial evidence be admitted as fuffi-
cient to eftablifh it, left the door of correction might be fhut.
T he mariner o f giving evidence to whoredom is, by four perfons'
bearing witnefs againft a man and a woman that they have committed
whoredom together, becaufe God has commanded in the Koran, faying,
“ PRODUCE FOUR WITNESSES FROM AMONG YOU AGAINST T H EM ;”
and alfo, “ i f a n y p e r s o n a d v a n c e a c h a r g e o f whoredom
“ AG AIN ST OTHER'S OF CHASTE RE PUT E, AND CANNOT PRODUCE
** FOUR WITNESSES IN SUPPORT OF HIS ACCUSATION, EET HIM B‘E
“ PUNISHED WITH e ig h t y s t r i p e s :” moreover, the prophet'Orice
Paid to a man who brought before him an aecufation againft his- own
wife, “ Bring fou r men who may bear teftimony to the' truth o f your
44 allegation: and this degree of proof is alfo required-, becaufe it
is laudable to conceal and cover infirmity, and the contrary is prohibited;
and by requiring no- fewer than four witnefles to a charge of
whoredom both t-hefe ends are obtained.
W hen witneffes come forward' to bear evidence in a cafe of
whoredom, it is.necefiary that the Kazee examine them, particularly
concerning the nature.of the offence; that'is, that he afk o f each wit-
nefi refpedfively, “ What is whoredom ?” and, “ in what manner
41 have the parties committed it?” and “ where?” and “ ‘ at what
“ time, and 46 with whom?”—-becaufe the prophet interrogated
M&az as* to* the manner of the faft, and the nature of the offèilce:
and alfo, becaufe examination- in all thefo particulars" is* a neeeffary-'
caution, fince it is pofiible that the witlieffbs, by the term Zinna,
may.- mean fomething not direftly amUtmtitfg tö carnafcönjunétiön,
(fuch is.feeing and" touching,) Zinna being a phrafe otcafionally-
appliedto thefo alfo: it is pofiible, moreover, that-'the whoredom may'
havé been committed in a foreign country, and therefore that' it'is not'
Cognizable; or it may have been committed at a. diftant period, prior to
® 2 the
To eftablifh it
upon proof
four witnefles
are required.
who mult be
particularly
examined in
refpedt to all
the circum-
ftances o f the
faft.