HKB
criminal be male or female. This barbarous custom has accordingly been perpetuated throughout the Mahometan world. But the putting out of the eyes is not recognized among the legal punishments."[260]
These alternative punishments were prescribed for the heinous crimes of highway robbery, dacoity, and theft by house-breaking. They were (i) capital punishment, (ii) amputation, and (iii) banishment (Sura, v, 37, 42), according to the circumstances of the case. The last two were of a temporary nature substituted for imprisonment for want of an organized system of jails and prisons. When the Commonwealth was in its infancy, the troubles of the invasions and wars of the aggressive Koreish and their allies had left neither peace nor security at Medina to take such administrative measures as to organize a system of building, guarding, and maintaining jails, their inmates and their establishments. As soon as jails were established in the Mohammadan Commonwealth, amputation and banishment gave way to imprisonment. The prisoners of war, not being criminals, used to be made over by Mohammad to some citizens of Medina, as in the case of the prisoners of the battle of Badr, to keep them in their houses as guests, on account of the want of prisons; but as for the other criminals--the highway robbers, dacoits, and house-breakers--they could not be treated and entertained so hospitably. Thus there was left no alternative for them except either to banish such criminals, or to award them corporal punishment in the shape of amputation.[261]
3.--Torture of Kinana.
[Sidenote: 75. Torture of Kinana.]
It is related by the biographers "that Kinana, chief of the Jews of Khyber, and his cousin had kept back, in contravention of their compact, a portion of their riches. On the discovery of this attempt at imposition, Kinana was subjected to cruel torture--'fire being placed upon his breast till his breath had almost departed'--in the hope that he would confess where the rest of his treasures were concealed. Mahomet then gave command, and the heads of the chief and his cousin were severed from their bodies."[262]
The story of Kinana's being subjected to extortion and put to death for hiding some treasure, for which he had contravened his contract, is altogether a spurious one. Kinana was executed in retaliation for treacherously killing Mahmud, the brother of Mohammad-bin-Moslama, to whom he was made over for execution. There is one tradition, without any authority, to the effect, that Zobeir was producing fire on Kinana's breast by the friction of flint and steel. This, if it be a fact, does not show that it was done by Mohammad's direction and approval. On the contrary, there are several traditions from the Prophet himself in which he has forbidden to punish any one with fire. It is related by Bokharee from Ibn Abbas, that Mohammad said, "God only can punish with fire." It is also related by Abu Daood from Abdullah, that the Prophet said, "No body ought to punish any one with fire except the Lord of the fire."[263]
4.--A Singing-Girl executed.
[Sidenote: 76. The alleged execution of a singing-girl.]
"From general amnesty extended to the citizens of Mecca, Mahomet excluded ten or twelve persons. Of these, however, only four were actually put to death.... The two next were renegade Moslems, who having shed blood at Medina had fled to Mecca, and abjured Islam. They were both slain, and also a singing-girl belonging to one of them, who had been in the habit of annoying the Prophet by abusive verses."
"Their names are Abdallah ibn Khalal and Mikyas ibn Subaba. The murder committed by the former is said to have been wilful, that of the latter unintentional. Abdallah had two singing-girls. Both were sentenced to death, but one escaped and afterwards obtained quarter; the execution of the other appears to have been the worst act committed by Mahomet on the present occasion."[264]