nifhments incurred by crimes of a spiritual nature, thofe inftituted for offences against perfon or property, being difcuffed under their respective heads. The punishment of adultery is remarkably severe. The chief chapters of this book concern whoredom, drunkenness, and flander. Difcretionary corre:tion, the fubject of chap. VI. extends to all petty defcriptions of perfonal infult, even to abufive language. Book VIII. Larceny. On this extenfive subject we shall beg leave to use all the remarks of Mr. Hamilton. • The translator has adopted the term Larciny, as the title of this book, because that word expreffes every fpecies of theft, from the most petty to the most atrocious. The uniform punishment annexed to larciny, is the amputation of a limb, unless where the aft has been accompanied by murder, in which cafe the offender forfeits his life by the law of retaliation.-Many arguments might be adduced against the law of mutilation in cases of larciny, founded as well on the inhumanity as the inefficiency and inconvenience of that mode of correction. It is, however, the only method exprefsly authorised by the text of the Koran ;—and if we confider the force of religious prejudice, and the effect of long habit, it may perhaps appear very unadvifable to introduce any hafty alteration in the penal jurifdiction in this particular,-efpecially as we have nothing better to offer by way of fubftitute, (for furely our penal laws are still more fanguinary!) and alfo, as the Gentoo laws, with respect to theft, are ftrictly analogous to the Muffulman, in awarding mutilation under certain circumstances.- Chap. VII. of this book is particularly worthy of attention, as it refpects the most daring and outrageous breach which can be made against the peace and fecurity of fociety. To enter fully into the spirit of the text, in this and many other parts under the head of larciny, it is requifite that we keep in mind the peculiar manners of the people in those parts of the world where the Muffulman law operates. It is observable that, at the end of this book, a remarka ble inftance is incidentally introduced of the forbearance of the law in a cafe of homicide upon provocation.' But the grand objection to mutilation is, that the foldier who lofes a hand in the fervice of his country, or the man who is the victim of accident, may be confounded with atrocious criminals. Book IX. The Inftitutes. This important book contains a great part of the political ordinances of Mahomet, and is ufeful in a hiftorical as well as in a legal view; as it explains the princip es upon which the Arabs proceeded in their conquests, and asmany of the rules ftill prevail in the conquered coun tries. Book X. Foundlings. This book is chiefly a commentary C 4 upon upon the precepts of Mahomet against the expofition of infants, a barbarous practice of his time and country. Book XI. Troves, Book XII. Abfconding of Slaves. Book XIII. Perfons miffing. The rules laid down in these books are ftrictly confonant to natural justice, Book XIV. Partnership. This book contains a number of fubtle diftinctions with refpect to property. Book XV. Pious or charitable appropriations. In all Mahometan countries it has been a common practice to dedicate lands, houfes, and other fixed as well as moveable property, to the ufe of the poor, or the fupport of religion. The various modes of alienation are here difcuffed with confiderable accuracy. Book XVI. Sale. Book XVII. Sirf Sale. The former book embraces a great variety of matter: the latter feems chiefly calculated to provide against the practice of ufury in the exchange of the precious metals. Book XVIII. Bail. Under this head are comprehended all forts of fecurity, whether for perfon or property. Book XIX. Transfer of debts. Book XX. Duties of the Kazee. This laft is of great importance, as it concerns, the conduct of the magiftrate or judge. Book XXI. Evidence. Book XXII. Retractation of Evidence. These books are extremely useful. Perjury is but flightly punished by the Mahometan law. Book XXIII. Agency. Book XXIV. Claims. The laws concerning agents are analogous to the European. The latter of thefe books chiefly relate to the conduct of law-fuits. I ook XXV. Acknowledgments. In the Muffulman law an acknowledgment has the fame effect in the establishment or ansfer of property, as a formal deed. Book XXVI. Compofitions. Book XXVII. Of Mozaribat, Thofe books contain much technical matter. Mazaribat (eems to have been a device adopted in order to avoid the imputation of ufury, by which the monied man was enabled to obtain a profit from his capital, without the odium of receiving any intereft upon it. This fpecies of contract is in common use in Hindoftan, Book XXVIII. Depofits Book XXIX. Loans. Book XXX. Gifts. Thefe books chiefly confift of plain rules applied to ordinary cafes. It is to be remarked, however, that the Muf fulman law with refpect to gifts differs confiderably from the Roman, in leaving to the donor an unrestricted right of refumption. Book XXXI. Hire. Of great utility, as it comprehends every description of valuable ufufruct, from the hire of land to that of a workman or an animal. Book XXXII. Of Mokatibs. Book XXXIII. Of Willa. Thefe laws are little ufed in Hindoftan. Book Book XXXIV. Compulfion. In the Muffulman code it appears that compelled contracts, or other acts, are valid in their effect; and that offences committed under the influence of fear have ftill a degree of criminality attached to them. Book XXXV. Inhibition. The subject of this book comprehends every species of incapacity, whether natural or accidental. The fecond chapter exhibits one of the most striking features in the institutes of Mohammedanim.How far legal reftrictions upon adult prodigals are calculated for the advantage of the community at large, is not our bufineis to inquire. It is, however, certain, that the impofition of wholefome limitations upon thoughtless extravagance, and every other fpecies of folly, if more generally introduced, would operate powerfully to preferve the property and peace of families, and (perhaps) the virtue of individuals.-The inhibitions upon debtors, as contained in chap. III. are well worthy of attention. Book XXXVI, Of Licensed flaves. That regulation of the Muffulman law by which a master is empowered to endow his slave. with almost all the privileges and refponfibilities of a freeman, preferving, at the fame time, his property in him inviolate, affords a ftrong proof of its tenderness with refpect to bondage. It in fact places the flave who obtains this advantage rather in the light of an attached dependant than of a mere fervile inftrument, deprived of privilege and deftitute of volition. Book XXXVII. Of Ufurpation. Book XXXVIII. Of Shaffa. The points of difcuffion which occupy these books are of fome importance in every view. The regulations in the former are, for the moft part, fanctified by natural justice, and thofe in the latter, by many confiderations of conveniency and expedience. Several particulars which occur in treating of ufurpation must indeed be referred to certain cuftoms prevalent in Arabia. The right of preemption enjoyed in virtue of community or continguity of property, is perhaps peculiar to the Muffu man law. However accommodating to the interests and partialities of individuals, this privilege may nevertheless be confidered as liable to fome objection, on the score of affording room for endless litigation. Under eertain restrictions, it is both a juft and a humane inftitution.' Book XXXIX. Partition. This book relates chiefly to the divifion of inheritable property. Book XL. Compacts of Cultivation. Book XLI. Compacts of Gardening. These books are of use chiefly on account of the regulations concerning landed property, which incidentally occur in them. Book XLII. Of Zabbah. In the Mahometan, as in the Jewish 5 Jewish law, the eating of blood is ftrictly forbidden, and hence the various rules and precautions set forth under this head. Book XLIII. Sacrifice. The rules refpecting this religious ceremony are few, and fimple; and of little confequence in a civil light further than as they tend to affect property. Book XLIV. Abominations. This part may be confidered in the light of a treatise upon propriety and decorum. Book XLV. Cultivation of Wafte Lands. Mr. Hamilton obferves that in most Mahometan countries, particular encouragement has been held forth to the reclaiming of barren or deferted grounds, by the powerful incentive of granting to the cultivator a property in the foil. To how little purpose! One would rather imagine that the Muffulman religion had been calculated to deprive the earth of cultivation and of inhabi tants. Book XLVI. Prohibited Liquors. This book explains what liquors are forbidden, as being of an intoxicating nature. Book XLVII. Hunting. This book is a fupplement to that on Zabbah. Book XLVIII. Pawns. Book XLIX. Offences against the Perfon. The institutes of this book chiefly proceed upon the lex talionis. Book L. Fines. This feature of the old European laws prevailed much among the Arabs, who rated the life of a man at one hundred camels, and established other fines in proportion. Some wife and falutary regulations are here given for the prefervation of perfonal fecurity and public order. A man is made refponfible not only for his overt acts, but likewise for any injury which may be more remotely occafioned by his careleffnefs, obstinacy, or wilful neglect. Book LI. The Levying of Fines. • The fubject of this book is purely of a local nature, relating entirely to the levying of fines upon the Arabian tribes for offences unintentionally committed by any individual of them. These regulations ferve to give us a pretty clear idea of the ftate of society in the native land of Iflamifm. However useless, and perhaps impracticable, in a more advanced state of refinement, these, as well as many regulations in the two preceding books, were well calcu lated to reduce a fierce people under the restraints of law and civil government. Book LII. Of Wills. With refpect to the forms of wills, the fame obfervations occur as have been already made in treating of mar riage. In fact, as writing was formerly very little in ufe among the Arabs, all deeds are, in the commentaries upon their laws, regarded and mentioned as being merely oral. Hence wills, as difcuffed in this book, are folely of the nuncupative defcription. The The most remarkable features in this book are, the restrictions impofed upon teftators with respect to the difpofal of their proper ty. * Book LIII. Of Hermaphrodites. This book, and the fucceed, ing chapter, which, because of its being detached from any particular fubject, is termed chapter the last, are a kind of supplement to the reft of the work. Hermaphrodites are probably a class of beings which exist in imagination rather than in reality. We shall therefore leave this book to fpeak for itfelf. The laft chapter is worthy of particular notice, as (if we except bills of fale and judicial letters) it is the only part of the work in which any thing is mentioned concerning forms of writing.' Mr. Hamilton, in concluding his Preface, obferves, that this work is a complete code of Muffulman law, equally observed at Cairo, Aleppo, or Conftantinople, as at Delhi; but we with that he had informed us what grand variations the fchifm of the Shiyas has introduced into the Perfian code. He adds fome remarks on the rapid decline of the Mahometan powers, and on the Muffulman legiflation, which was well adapted to an age of fuperftition and ignorance, but is now wretchedly unfit for the purposes of public fecurity or private virtue. In order to enable the reader to form a more intimate idea of this work, we fhall lay before him an extract or two: and the firft fhall be felected from book ii. ch. 1. on marriage. ⚫ Marriage is contracted,-that is to fay, is effected and legally confirmed, by means of declaration and confent, both expreffed in the preterite, because although the ufe of the preterite be to relate that which is paffed, yet it has been adopted, in the law, in a creative fenfe, to answer the neceffity of the cafe.--Declaration in the law, fignifies the fpeech which firft proceeds from one of two contracting parties, and confent the fpeech which proceeds from the other in reply to the declaration. Marriage may also be contracted by the parties expreffing themselves, one in the imperative, and the other in the preterite ; as if a man were to fay to another "Contract your daughter in marriage to me," and he were to reply "I have contracted" [my daughter to you,]-because his words" Contract your daughter to me" are expreffive of a commiffion of agency, em powering to contract in marriage; and one perfon may be autho rized to act on both fides in marriage, (as shall be hereafter explained ;) wherefore the reply of the father, "I have contracted," flands in the place both of declaration and confent,-as if he had faid "I have contracted, and I have confented." From vol. ii. p. 8. it appears, that the life of a Muffulman is only forfeited by three crimes: apoftasy, adultery, and murder. Another |