accidental is deferred, it follows that each portion is fo likewife. It is to be ob-
proportlonate ferved that the three years are counted only from the time of the Ka-
fine'hUried zee' s decree ; for the fine is impofed as an equivalent, or (as it were)
from the Aki- value of the life which has been taken ; and, as value is rendered
1 ° CaC ' due only fay a judicial decree, regard mull therefore be paid to the date
of fuch decree ;— in the fame manner as, in the cafe of a child born to
a Magroor, regard is paid to the value it bears at the time when the
Kazee pafles his decree concerning i t ; in other words, i f a perfon pur-
chafe a female flave, and fhe bring forth a child, and the purchafer
claim the child, and another perfon afterwards prove his right to the
female flave,— the child is free, and the purchafer muft pay the value
of it to the rightful owner of the mother ;— in which cafe regard is
paid to the value the child bears at the time of the decree; and fo likewife
in the prefent inftance.
iMbRUsW T he Akilas of any perfon not enrolled or regiftered are, his tribe
reSfteredare ^ fam ily, defeended from one father ; becaufe thofe are his aflfiants,
h i s n e a r e f t of aI1d in impofing the fine regard is paid to aßißance and aid.— The
whole fine is divided among the Akilas of the offender, payable within
three years; and is not to be levied upon any individual at a rate exceeding
four dirms at one time. Our author remarks that thisis mentioned
in the abridgment of Kadeoree ; and that it affords an argument
that i f the whole fine, in the three years, be made to exceed four
dirms to each individual, it is lawful, fince if four dirms be levitdper
annum, the grofs amount in three years is twelve dirms.. Mohammed,
however, ^xprefsly mentions that no more muft be levied upon each
individual than three or four dirms for the three, years ; and that at
the rate of one dirm only,, or one and a third, each year;— and thisis
approved.
er (faiPngol If the family be not equal to the difeharge of the fine*, thofe
* T h e r e b e in g (o f e w o f them tha t.th e fine w o u ld exceed fo u r dirms to e a ch individual.
who
who ftand the neareft in point of affinity muft be Joined with them,
according to their degree of relationfhip;— firft the brothers; then
their children ; then their uncles ; and then their children. With
refpedt to the father, grandfather, fons, and grandfons, fome fay that
they are included, whilft others maintain that they are not fo. The
fame rule alfo obtains with refpedt to regiftered or enrolled perfons : in
other words, if the enrolled Akilas be too few, infomuch that the
fhare of each amounts to more than four dirms, fuch regiftered tribe is
affociated with them as is neareft to the regiftered tribe o f the flayer in
point of aid, at the time o f the accident taking place; and, i f that
tribe be alfo infufficient, the next neareft tribe; and fo of the reft.
T h e judgment of which tribe is neareft to the tribe o f the flayer is left
to the determination of the Kazee. This is according to our dodors.
Sbafei maintains that each individual is liable to half a deenar, whether
he be rich or poor; he judging of this from Zakdt. T h e former is,
however, the better opinion.
I f the.'Akilas be fuch as receive fubfiftence*, the fine is levied
upon their fubfiftence, within three years, at the rate o f one third
every year; for with refped: to them fubfiftence ftands in- the place o f
pay -J, both being difburfed from the public treafury. Attention,
however, muft be paid to the time and manner of the fubfiftence being
paid:— if it occur annually, the third o f the fine muft be taken upon
its firft occurrence after the Kdzee's decree of fine ; if h a lf yearly, a
fixth muft be taken; or, if monthly ■> it muft be taken monthly, at
fuch a rate as may amount to a third of the whole in the year. If,
on the contrary, the fubfiftence be monthly, and the pay a n n u a lthe
fine muft be taken from the pay, not from the fubfiftence, as from the
former it can be more eafily deducted than from the latter, becaufe of
its being the more confiderable of the two- Public maintenance, it
* A r a b . R ix t . t A r a b . .A m .— T he d iffe ren c e b e tw e e n tho fe is e xpla in ed
a little fu r th e r o n .
I is
n e x t n e a r e f t ,
a c c o r d i n g t o
t h e i r d e g r e e s .
T h e f in e is^
l e v i e d u p o n ;
fu b jifien ce, in -
t h e f a m e m a n *
n e r a s u p o n
pay.