IHMMMHBf * ' . ....... ^
x 32 The Preliminary Difcourfe. Se£t. VI.
mankind The Arabs, in thus murdering of their children, were
far from being Angular; the pradtice of expofing infants and putting
them to death being fo common among the ancients, that it is remarked
as a thing very extraordinary in the Egyptians, that they
brought up all their children 2 ; and by the laws of Lycurgus 3 no child
was allowed to be brought up, without the approbation of public
officers. At this day, it is faid, in China, the poorer fort of people frequently
put their children, the females efpecially, to death, with impunity +.
This wicked pradtice is condemned by the Koran in feveral paf-
fages s; one of which, as fome commentators 6 judge, may alfo condemn
another cuftom of the Arabians, altogether as wicked, and as
common among other nations of 1 3 1M the facrificing of their
children to their idols; as was frequently done, in particular, in fa-
tisfadtion of a vow they ufed to make, that if they had a certain
number of fons born, they would offer one o f them in facrifiee.
Several other fuperftitious cuftoms were likewife abrogated by
Mohammed; but the fame being of lefs moment, and not particularly
mentioned in the Kordn, or having been occafionally taken notice
of elfewhere, I fhall fay nothing of them in this place.
1 A 1 Moftatraf. V. Ebn Khalekan, in vita al Farazdak, & Poc. Spec. p. 334. 2 Strabo,
1. 17. V. Diodor. Sic. l.-i. c. 80. M V. Plutarch, in Lycurgo. * V. Pufendorf. de Jurenat!
& gent. 1. 6. c. 7. $. 6. The Grecians alfo treated daughters efpecially in this Manner j whence
that faying of Pofidtppus,
Tiiv t vS K<f,v mpfit av
€>u)*7t£p ? itKvnof. i. e.
A man tho' poor will not expofe his Jon,
\ But i f he's richy willfcarce preferve his daughter.
See Potter's Antiq. of Greece, Vol. 2. p. 333. •« Chap. 6. p. 113, 115. chap. 16. p. 218. and
chap, ty, p. 230. See alfo chap. 81. p 482. 9 Al Zamakh. al Beid.
S e c t i o n VI.
O f the Inftitutions o f the Koran in C iv il Affairs.
bammedan I E Mohammedan civil law is founded on the precepts and
civil laws JL determinations o f the Kordn, as the civil laws of the Jews
on theKo- w e r e . o n thofe of the Pentateuch-, yet being varioufly interpreted, ac-
ran. cording to the different decifions of their civilians, and efpecially of
their four great dodtors, Abu Hantfa, Malec, al Shdfei, and Ebn
HanbalJ, to treat thereof fully and diftindtly, in the manner the
curiofity and ufefulnefs of the fubjedt deferves, would require a large
volume: wherefore the moll that can be expedted here, is a fummary
view of the principal inftitutions, without minutely entring into a
• 1 See §. via. detail
Seel. VI. The Preliminary Difcourfe. 133
detail of particulars. We fhall begin with thofe relating to marriage
and divorce.
That polygamy, for the moral lawfulnefs of which the Mohamme-
dan dodtors advance feveral arguments ‘ , is allowed by the Koran, marriage
every one knows; though few are acquainted with the limitations anddi-
with which it is allowed. Several learned men have fallen into the vorce'
vulgar miftake, that Mohammed granted to his followers an unbounded
plurality; fome pretending that a man may have as many
wives % and others as many concubines \ as he can maintain:
whereas, according to the exprefs words of the Kordn 4, no man can
have more than four, whether wives or concubines5; and i f a man
apprehend any inconvenience from even that number of ingenuous
wives, it is added, as an advice, (which is generally followed by the
middling and inferior people 6) that he marry one only, or if he cannot
be contented with one, that he take up with his fhe-flaves, not
exceeding, however, the limited number ?; and this is certainly the
utmoft Mohammed allowed his followers: nor can we urge, as an
argument againft fo plain a precept, the corrupt manners of his followers,
many of whom, efpecially men of quality and fortune, indulge
themfelves in criminal exceffes 8; nor yet the example of the
prophet himfelf, who had peculiar privileges in this and other points,
as will be obferved hereafter. In making- the above-mentioned limitation,
Mohammed was dire died by the deciiion of the JewiJh doctors,
who, by way of counfel, limit the number of wives to four s.
though their law confines them not to any certain number IO,
Divorce is alfo well known to be allowed by the Mohammedan
law, as it was by the Mofaic, with this difference only, that ac_
1 See before, §. II. p. 49. 2 Nic. Cufanus, in Cribrat. Alcor. 1. 2. cap. 19. Olearius, in
Itinerar. P. Greg. Tholofanus, in Synt. juris, 1. 9; c. 2. $. 22. Septemcaftrènfis, (de morib. Turc,
p. 24.) fays the Mohammedans may have twelve lawful wives, and no more. Rieaut falfely aflerts
the reftraint of the number of their wives to be no precept of their religion, but a rule fuperinduced
on a politic confideration. Pref. ftate of the Ottoman empire, bbok 3. chap. 21. 3 Marrac'c.
in Prodr. ad refut. Alcor. part 4. p. 52, &71. Prideaux, life of Mah. p. 114. Chardin, Voy. de
Perfe, T . 1. p. 166. Du Ryer, Sommaire de la Rel. des Turcs, mis à la tête de fa verlïon del’Al-
cor. Ricaut, ubi fupra, Pufendorf, de Jure nat. & gent. 1. 6- c. 1. §. 18. 4 Chap. 4. p. 60.
i V. Gagnier, in notis ad Abulfedæ vit. Moh. p. 150. Reland. de rel. Moh. p. 243, &c. fc Selden.
Ux. Hebr. 1. 1. cap. 9. 6 V. Reland. ubi fup. p. 244. 7 Kor. chap. 4. p. 60/ 8 Sir
J- Maundeville; (who, excepting a few filly ftories he tells from hear-fay, deferves more credit
than fome travellers of better reputation,) fpeaking of the Alcorany obferves, among feveral other
truths, that Mahomet therein commanded a man fhould have two wives, or three, or four » though
the Mahometans then took nine wives, and lemmans as many as they might fuftain. Maundev.
Travels, p. 164. 9 Maimon, in Halachoth Ifhoth, 14. 10 Idem» ib. V. Selden. Uxor.
Hebr. 1. I c. 9.
cording