People are
liable to inhibition
from
carelelTnefs in
their affairs.
T h e puberty
o f a hoy is
eftablifhed by
circum-
ftances, or
dowed with difcretion;— and original or fuperventent depravity of
manners are alike as far as regards this rule. Shafei maintains that
inhibition is to be impoled upon a perfon of this defcription as a punifh-
ment, in the fame manner as on a prodigal; whence it is that (according
to him) an unjuft perfon is incapable of exercifing jurifdidtion
or bearing evidence.— T h e arguments o f our doctors upon this point
are twofold. F irst, the word of G od, in the K oran, fays
“ W henever ye perceive them to be discreet, deliver to
“ THEM THEIR propert y;” — and the reprobate, in the cafe in
queftion, is fuppofed to be difcreet with regard to the expenditure of
his property. Secondly, a reprobate (according to our doctors) is
competent to exercife authority, as being a MuJJulman, andisconfe-
quently empowered to aft with regard to his own property.
T he two difciples allege that the Kdzee is at liberty to lay an inhibition
upon perfons on account of careleffnefs or negledt in their concerns,
although they be not prodigal. Their argument is that an inhibition
impofed upon a perfon of this defcription is advantageous to
him. Shafei concurs with the two difciples in this opinion.
S E C T I O N .
O f the T i m e o f attaining P o b e r .t y *.
T he puberty of a boy is eftabliflied by his becoming fubjedt to
no&urnal emiffion, his impregnating a woman, or emitting in theadt
of coition; and if none of thefe be known to exift, his puberty is not
* Puberty and majority are, in the MuJJulman law, one and the fame.
eftabliflied^
eftablifhed, until he have compleated his eighteenth year.— T h e puberty
of a girl is eftablifhed by menftruation, nocturnal emiffion, or
pregnancy; and if none of thefe have taken place, her puberty is
eftablifhed on the completion of her feventeenth year* What is here
advanced i3 according to Haneefa. T h e two difciples maintain that
upon either a boy or girl compleating the fifteenth year they are to be
declared adult: there is alfo one report o f Haneefa to the fame effect;
and Shafei concurs in this opinion.— It is alfo reported, from Haneefa,
that to eftablifh the puberty o f a boy nineteen years are required.—
Some, however, obferve that by this is to be underftood merely the
completion o f eighteen years and the commencement of the nineteenth
; and confequently, that this report perfectly accords with the
other* Some, again, affirm that this is not the fenfe in which the
laft report is to be received 5 for there have been other opinions reported
from Haneefa on this point, different from that firft recited as
above; becaufe fome authorities exprefsly fay that (according to him)
the puberty of a boy is not counted by years until he fhall have compleated
his nineteenth year. It is to be obferved that the earlieft period
of puberty, with refpedt to a boy, is twelve years, and with refpect
to a girl, nine years.
W hen a boy or girl approaches the age of puberty* and they declare
themfelves adult, their declaration muft be credited, and they
become fubjedt to all the rules affecting adults j becaufe the attainment
of puberty is a matter which can only be afeertained by their
teftimony; and confequently, when they notify it, their notification
muft be credited, in the fame manner as the declaration of a woman
with refpect to her courfes.
upon his attaining
eighteen
years of
a g e a n d
that o f a girl\
by circu alliances,
or
upon her attaining
feven-
teen years o f
age.
Their decti-*
ration o f their
own puberty*
at a probable
feafon, mud
be credited,,
Q ^ q q a CH A P .