J. F. Campbell Collection > Koran: or, Alcoran of Mohammed

9S VRELIMINART DISCOURSE. skct. vi.
lawful, for anotlier to marry either tlie divorced wife or tlie widow of a
king ; ' and Mohammed, it seems, thought an equal respect, at least, due
to the propltetic as to tlie reg(d dignity, and therefore ordered that his re-
licts should pass the remainder of their lives in perpetual widowhood.
The laws of the Koran concerning inheritances are also in several
respects conformable to those of the Jews, though principally designed to
abolish certain practices of the pagan Arabs, who used to ti'eat widows and
orphan cliildren with gi-eat injustice, frequently denying them any share
in the inheritance of their fathers or their husbands, on pretence that the
same ought to be distributed among those only who were able to bear
arms, and disposing of the widows, even against their consent, as part of
their husband's possessions.* To prevent such injuries for the future,
Mohammed ordered that women sliould be respected, and orphans have
no wrong done them ; and in particular that women should not be taken
against their wills, as by right of inheritance, but should themselves be
entitled to a distributive part of what their parents, husbands, and near
relations, sliould leave behind them, in a certain proportion.*
The general rule to be observed in the distribution of the deceased's
estate is, that a male shall have twice as much as a female : * but to this
rule there are some few exceptions : a man's parents, for example, and also
his brothers and sisters, where they are entitled not to the whole, but a
small part of the inheritance, being to have equal shares with one another
in the distribution thereof, without making any difference on account of
Bex.^ The particular proportions, in several cases, distinctly and suffi-
ciently declare the intention of Mohammed ; whose decisions expressed
in the Koran * seem to be pretty equitable, preferring a man's children first,
and then his nearest relations.
If a man dispose of any part of his estate by will, two witnesses, at the
least, are required to render the same valid ; and such witnesses ought to
be of his own tribe, and of the Mohammedan religion, if such can be had.*
Though there be no express law to the contrary, yet the INIohammedan
doctors reckon it very wrong for a man to give away any part of his sub-
stance from his family, unless it be in legacies for j^ious uses ; and even in
that case a man ought not to give all that he has in charity, but only a rea-
sonable part in proportion to his substance. On the other hand, though
a man make no will, and bequeath nothing for charitable uses, yet the
heirs are directed, on the distribution of the estate, if the value will per-
mit, to bestow something on the poor, especially such as are of kin to the
deceased, and to the orphans.'"
The first law, however, laid down by IMohammed touching inheri-
tances was not very equitable ; for he declared that those who had fled
with him from Mecca, and those who had received and assisted him at
Medina, shoidd be deemed the nearest of kin, and consequently heirs to one
another, preferably to and in exclusion of their relations by blood ; nay,
though a man were a true believer, yet if he had not fled his country for
the sake of religion and joined the ])rophet, he was to be looked on as a
stranger :' but this law continued not long in force.being quickly abrogated.*
It must be observed that among the Mohammedans the children of their
* Mishna, tit. Sanhcdr. c. 2. and Gemar. in eund. tit. Maimon. Ilalachoth Me-
lachim, c. 2. Vide Selden, Ux. Ilebr. lib. i. c. 10. Prid. Life of Moliara. p. 118.
* Sec c. 4. p. 59—62, and the notes there. Vide etiara Poc. Spec. p. 337. « Kor.
c. 4. ubi sup. « Ibid. p. 60, and 80. Vide Chardin, Vov. de Perse, t. ii. p. 20.^
» Kor. Ibid. p. 60, 61. Ibid, and p. 80. » Kor. c. .Vp. 9b". i'- Ibid. i. '
p. 60. 1 Ibid. c. 8. > Ibid, and c. 33.