There is no
retaliation
for the tongue,
or the penis',
or for any
privation, the
extent of
which cannot
be precifely
afcertained.
T here is no retaliation for the tongue, or the virile member__
It is recorded, from Aboo Toofaf, that if either have been cut from
the root, retaliation is due, as an obfervance of equality is then practicable.
T h e argument of our doitors is that, as the yard of a. man
is fometimes in a flaccid, and fometimes in a turgid flats, it is impof-
fible to pay a ftridt regard to equality in cutting it o f f ;— except where
the nut only is to be feparated at the glans, in which cafe the fpot for
cutting is precifely afcertained.
If a part of the nut of a man’ s yard be ft ruck off, there is no
retaliation, as it is impoflible to take off that precife quantity.—
It is otherwife' with refpefit to the ear;— for where either the
whole ear, or a part, is ftruck off, retaliation is incurred, as the
ear is not occafionally flaccid and turgid, but of certain afcertain-
able dimenfions,— whence it is poffible to obferve equality in this
inftance.
Ip a man cut off the whole o f another’ s lip, retaliation is in-
flifted upon him, becaufe here an obfervance of equality is pradticable,
It is otherwife where a part only of the lip is cut off, as in that
inftance equality cannot well be obferved.
SE C TION.
S E C T I O N .
W hen the heirs o f a murdered perfon enter into a compofition
with the murderer for a certain fum, retaliation is remitted, and the
' fum agreed for is due, to whatever amount; becaufe God has laid,
in the Koran, “ W here the heir of the murdered person
“ is offered an y thing, by w a y of composition, out of
“ the property of the murderer, l e t him t a k e it — ■
and alfo becaufe the prophet has faid, “ 'The heir o f the murdered per-
“ fon is at liberty either to take retaliation, or a fine with the murderer s
“ confent." As, moreover, retaliation is a right of the Heirs, which
they are at liberty to remit entirely by a free pardon, it follows
that they may alfo remit it for a return, fince their fo doing is advantageous
to them, and life to the murderer. It is therefore lawful,
with the confent of the avenger of blood and the murderer ;— and it is
the fame whether the fum be great or fmall; for as the l aw does
not fpecify any particular amount, it is confequently left to the
parties, in the fame manner as the confiderations for Khoola or
Kvtdbat.
If the murderer enter into a compofition with the heirs of the
perfon murdered, without any mention being made of a prompt or
diftant payment, the fum agfeed upon* muft be paid down.; becaufe
this fum is made obligatory by a contrail; and the original rule, in
fuch contrails, is a prompt, not a diflant payment;— in the fame
manner as holds in the cafes of dower, and the price of property.' It
is otherwife with refpeit to the Deyit, or fine of blood, that not being
impoied by a contrast, but particularly appointed, and its rate ftated,
hy an inftitute of the l aw .
Q^q 2 I f
Retaliation
may be commuted
for a
fum of
.money,
payable on
the fpot, i f a
term of credit
be not ftipu-
lated.