ceafed’s eftate is, that a male (hall have twice as much as a female ' :
but to this rule there are fome few exceptions; a man’s parents, for
example, and alfo his brothers and fillers, where they are entitled
not to the whole, but a fmail part of the inheritance, being to have
equal lhares with one another in the diftribution thereof, without
making any difference on account of fex *. The particular proportions,
in feveral cafes, diftindlly and fufficiently declare the intention
of Mohammed; whofe decifions expreffed in the Koran 5 feem to
be pretty equitable, preferring a man’s children firft, and then his
neareft relations;
I f a man difpofe o f any part of his eftate by will, two witneffes,
at the leaft, are required to render the fame valid; and fuch wit-
nefles ought to be of his own tribe, and of the Mohammedan religion,
if fuch can be had *. Though there be no exprefs law to the
contrary, yet the Mohammedan dodlors reckon it very wrong for a
man to give away any part of his fubftance from his family, unlefs
it be in legacies for pious ufeS; and even in that cafe a man ought
not to give all he has in charity, but only si reafonable part in proportion
to his fubftance. Oh the other hand, though a man make
no will, and bequeath nothing for charitable ufes, yet the heirs are
diredted, on the diftribution of the eftate, i f the value will permit,
to bellow fomething on the poor, efpecially fuch as are of kin to
the deCeafed, and to the orphans5.
The firft law, however, laid down by Mohammed touching inheritances
was not very equitable; for he declared that thofe who had
fled with him from Mecca, and thofe who had received and affilled
him at Medina, lhould be deemed the neareft of kin, and confequent-
ly heirs to one another, preferably to and in exclufion of their relations
by blood; nay tho’ a.man were a true believer, yet if he Bad
npt fled his country'for th,e fake of religion and joined the prophet,
he was to be looked on as a ftranger,6: but this law1 * continued not
long in force, being quickly abrogated X.
It mull be obferved that among the Mohammedans the children of
their concubines or Haves are efteerned as equally legitimate with
thofe of their legal and ingenuous wives; hone being accounted
baftards, except luch only as are born of common women, and
whofe fathers are unknown,
1 Ibid. p. 61, & Si. V. Chardin, Voy; de Perfe. T . 2.p. 293- * Kor. ibid. p. 6.1, <$2*
* Ibid. & p. Si. 4 Kor. chap. 5. p. 96. i Kor. chap. 4. p. 61. 6 Chap. 8. p. 148.
r Ibid. &„chap. 33. p. 342* ~
As
As to private contradls between man and man, the confcientious
performance of them is frequently recommended in the Koran
For the preventing mf difputes, all contradls are diredted to be made
before witneffes % and in cafe fuch contradls are not immediately executed,
the fame ought to be reduced into writing in the prefence
of two witneffes 3 at leaft, who ought to be Mojlems and of the male
fex- but if two men cannot be conveniently had, then one man
and two women may fuffice: the fame method is alfo diredled to be
taken for the fecurity of debts to be paid at a future day; and
where a writer is not to be found, pledges are to be taken n-., Hence,
if people truft one another without writing, .witneffes, or pledge,
the party on whom the demand is made is always acquitted i f he
denies the charge on oath, and fwears that he owes the plaintiff nothing,
unlefs the contrary be proved by very convincing circum-
ftances s.
Wilful murder, though forbidden by the Koran under the levereft
penalties to be inflrdted in the next life 6; is’ yet by the fame bobk
allowed to be compounded for, on payment o f a fine to the family
of the deceafed, and freeing a Mojkm from captivity: but it is in
the election of the next of kin, or the revenger, of blood, as he is
called in the Pentateuch, either to except of fuch fatisfadlion, or to
refufe it ; for he may, if he pleafes, infill on having the murtherer
delivered into his hands, to be put to death in fuch manner as he
lhall think fit f. In this particular Mohammed has gone againft the
exprefs letter of the Mofaic law, which declares that no fatisfadlion
lhall be taken for the life o f a murderer 8; and he feems, in fo
doing, to have had refpedl to the cuftoms of the Arabs in his time,
who, being of a vindidlive temper, ufed to revenge murder in too
unmerciful a manner 9, whole tribes frequently engaging in bloody
wars on fuch occafions, the natural confequence of their independency,
and having no common judge or fuperior.
I f the Mohammedan laws feem light in cafe of murder, they may
perhaps be deemed too rigorous in cafe of manflaughter, or the
killing of a man undefignedly'; which mull be redeemed by fine,
(unlefs the next of kin £hail think fit to remit it out o f charity,}
1 Chap. $2.> chap. 17. p, 230. chap. 2. p. 34, See. * Chap. 2. p. ,34. 3; The
fame feems to have been required by the 'Jewifb law, even in cafes where life was not concerned.;.
See Deut. xix. 15. Matt'b■ xviii. 16. John viii. 17. 2 Cor. xiii. 1. 4 Kor.'cv 2.p. 33, 34. * V.
Chardin, Vpy. de Perfe..T-2. p. 294, &c. and the notes.to Kor,. chap. 5-. p .97. 0 Kor. ch.,
4- P- 72. 7 Chap. 2. p. 20, Sr. chap. 17. p. 230. V. Chardin, ubi fup. p. 299, &c. s Numb,
xxxv. 31. 9 This is particularly forbidden in the Koran, chap. 17. p. 230.
t 2 and
OF pri-
vate con-
trad«.
O f murder
and manflaughter.