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Definition o f
:the term.
B O O K XXVI.
O f S O O L H , or C O M P O S I T I O N .
SO O L H , in the language of the l aw , iignifres a contract by-
means of which contention is prevented or fet afide.— The effen-
tials (or pillars) of it are declaration and acceptance; and the conditions
of it, that the fubjedt of the compofition (that is, the thing
with relation to which the contradt is formed) be property; and alfo,
that it be defined, provided there be a neceffity for feizin, but not
otherwife.— Thus if a perfon claim fome degree o f right in a houfe
belonging to another,— and that other claim fome degree of right in a
lhop belonging to this perfon, and they come to a compromife, by
relinquifhing their refpedtive rights in favour of each other, fuch compromife
or compofition is valid, although they fhould not have explained
C h a p . I . C O M P O S I T I O N .
plained the extent of their rights; fince ignorance with refpedl to a
claim which is to be annulled is not a caufe of contention.
l 15
Chap. I. Introdu&ory.
Chap. II. O f gratuitous or voluntary Compofitions; and of the
appointment of Agents for Compofitions.
Chap. III. O f Compofitions of Debt.
C H A P . L
C omposition is of three kinds or defcriptions.— I. Compojttion with Compofition
acknowledgment; (as where the defendant acknowledges1 the “ ayb em ad e
right of the plaintiff, and then compounds it for fome other thing:) modes— with
II. Compofition under Sil e n c e ; (as where the defendant neither ac-
knowledges rior denies the claim:)— and, III. Compofition after de- and'
• . . . ■ : r ■ r ... , . ■ , 1 J , J after denial*-
n ia l .— All thefe defcriptions o f compofition are lawfu l; becaufe
God fays, in the Koran, “ composition is l au d a b l e ;” and this
ordinance being abfolute, neceffarily includes all thefe fpecies of i t ;_
and alfo, becaufe the prophet has faid “ every' compoftion is lawful
“ amongfl Mussulmans, excepting fuch as renders lawful what is
“ unlawful, or renders unlawful what is lawful.”— Shafei maintains-
that compofitions after denial or under flen ce are unlawful,- becaufe of
the above tradition ; for in thefe two cafes it neceffarily follows that
what is unlawful becomes lawful, and what is lawful becomes unlawful,—
fince the thing given in compofition was, previous to the
conclufion of tlie contrafl, unlawful to the giver, and lawful to the
receiver