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

SRcr. \i. PRELBONAKY DISCOURSE. 99
concubines or slaves are esteemed as equally legitimate with t'/iose of their
legal and ingenuous wives ; none being accounted bastards, except such
only as are born of common women, and whose fathers are unknown.
As to private contracts between man and man, the conscientious perform-
.•mce of them is frequently recommended iu the Koran.' For the preventing
of disputes, all contracts are directed to be made before witnesses ;* and iu
c-i-se such contracts are not immediately executed, the same ought to
be reduced into writing in the presence of two witnesses'^ at least, who
ought to be Moslems and of the male sex ; but if two men cannot be con-
veniently had, then one man and two women may suffice : the same method
is also directed to be taken for the security of debts to be paid at a future
day ; and where a writer is not to be fuund, jdedges are to be taken.*
Hence, if people trust one another without writing, witnesses, or pledge, the
party on whom the demand is made is always acquitted if he denies
the charge on oath, and swears that he owes the plaintiff nothing, unless
the contrary be proved by very convincing circumstances.''
Wilful murder, though forbidden by the Koran under the severest
penalties to be inflicted iu the next life,* is yet by the same book allowed
to be compounded for. on payment of a fine to the family of the deceased,
and freeing a Moslem 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
accept of such satisfaction, or to refuse it ; for he may, if he pleases, insist
on having the murderer delivered into his hands, to put to death in such a
manner as he shall think fit.' In this particular Moliammed has gone
Jigainst the express letter of the Mosaic law, which declares that no satis-
ftiction shall be taken for the life of a murderer;' and he seems, in so
doing, to have had respect to the customs of the Arabs in his time,
who, being of a vindictive temper, used to revenge murder in too unmer-
ciful a manner,* whole tribes frequently engaging in bloody wars on such
occasions, the natural consequence of their independency, and having
no common judge or superior.
If the Mohammedan laws seem light in case of murder, they may
perhaps be deemed too rigorous in case of manslaughter, or the killing of a
man undesignedly ; which must be redeemed by fine (unless the next
of kin shall think fit to remit it out of charity), and the freeing of a captive :
but if a man be not able to do this, he is to fast two months together, bv
way of penance.' The fine for a man's blood is set in the Honna at a
hundred camels ;* and is to be distributed among the relations of the
deceased, according to the laws of inheritances ; but it must be observed,
that though the person slain be a Moslem, yet if he be of a nation or party
at enmity, or nut in confe leracy with those to whom the slayer belongs, he
is not then bound to pay any fine at all ; the redeeming a captive being, in
sucli case, declared a sufficient penalty.* I imagine that ;^Iohammed, by
these regulations, laid so heavy a punishment on involuntary manslaughter,
not only to make people beware incurring the same, but also to humour, in
some degree, the revengeful temper of his countrymen, which might be with
difficulty, if at all, prevaded on to accept a lighter satisfaction. Among the
» Kor c. 5, p. 81. c. 17. c. 2, p. 34, &c. * Chap. 2, p. 34. « The same seems
to have been required by the Jewish law, even in cases where life was not concerned.
See Deut. xix. 15. Matt, xviii. 16. John viii. 17. 2 Cor. xiii. 1. « Kor. c. 2, p. 34.
J Vide Chardin, Voy. de Perse, t. ii. p. 294. &,c. and the notes to Kor. c. 5, p. 9G
Kor. c. 4, p. 72. »Ibid. c. 2, p. 20, 21. c. 17. Vide Chardin, ubi sup. p. 229,
&c. ' Numb. xxxv. 31. » This is particularly forbidden in the Koran, c. 17.
* Ivor. c. 4, p. 72. * See the notes to c. 37. * Kor. c. 4, p. 72.