HKB
OF THE INSTITUTIONS OF THE KORAN IN CIVIL AFFAIRS.
THE Mohammedan civil law is founded on the precepts and determinations of the Korân, as the civil laws of the Jews were on those of the Pentateuch; yet being variously interpreted, according to the different decisions of their civilians, and especially of their four great doctors, Abu Hanîfa, Malec, al Shâfeï, and Ebn Hanbal,7 to treat thereof fully and distinctly in the manner the curiosity and usefulness of the subject deserves, would require a large volume; wherefore the most that can be expected here, is a summary view of the principal institutions, without minutely entering into a detail of particulars. We shall begin with those relating to marriage and divorce. That polygamy, for the moral lawfulness of which the Mohammedan doctors advance several arguments,1 is allowed by the Korân, every one knows, though few are acquainted with the limitations with which it is allowed. Several learned men have fallen into the vulgar mistake that Mahommed granted to his followers an unbounded plurality; some pretending that a man may have as many wives,2 and others as many concubines,3 as he can maintain: whereas, according to the express words of the Korân,4 no man can have more than four, whether wives or concubines;5 and if 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 she-slaves, not exceeding, however, the limited number;7 and this
7 See Sect. VIII. 1 See before, Sect. II., p. 31. 2 Nic.Cusanus, in Cribrat. Alcor. l. 2, c. 19. Olearius, in Itinerar. P. Greg. Thoslosanus, in Synt. Juris, l. 9, c. 2, § 22. Septemcastrensis (de Morib. Turc. p. 24) says the Mohammedans may have twelve lawful wives, and no more. Ricaut falsely asserts the restraint of the number of their wives to be no precept of their religion, but a rule superinduced on a politic consideration. Pres. State of the Ottoman Empire, bk. iii, c. 21. 3 Marracc. in Prodr. ad Refut. Alcor. part iv. p. 52 and 71. Prideaux, Life of Mah. p. 114. Chardin, Voy. de Perse, t. i. p. 166. Du Ryer, Sommaire de la Rel. des Turcs, mis à la tête de sa version de l'Alcor. Ricaut, ubi supra. Pufendorf, de Jure Nat. et Gent. l. 6, c. I, § 18. 4 Cap. 4, p. 53. 5 Vide Gagnier, in Notis and Abulfedæ Vit. Moh. p. 150 Reland. de Rel. Moh. p. 243, &c., and Selden, Ux. Hebr. l. r, c. 9. 6 Vide Reland ubi sup. p. 244. 7 Kor. c. 4, p. 53.