and of the Imams among those of the Persian sect, with the explications of their several doctors, being usually followed in judicial determinations, yet the secular tribunals do not think themselves bound to observe the same in all cases, but frequently give judgment against those decisions which are not consonant to equity and reason; and therefore distinction is to be made between the written civil law, as administered in the ecclesiastical courts, and the law of nature or common law (so to speak) which takes place in the secular courts, and has the executive power on its side.

Under the head of civil laws may be comprehended the injunction of warring against infidels, which is repeated in several passages of the Quran, and declared to be of high merit in the sight of God, those who are slain fighting in defence of the faith being reckoned martyrs, and promised immediate admission into paradise. Hence this duty is greatly magnified by the Muslim divines, who call the sword the key of Heaven and Hell, and persuade their people that the least drop of blood spilt in the way of God, as it is called, is most acceptable unto him, and that the defence of the territories of the faithful for one night is more meritorious than a fast of two months: on the other hand, desertion, or refusing to serve in these holy wars, or to contribute towards carrying them on, if a man has ability, is accounted a most heinous crime.

While Muhammadism was in its infancy, its opponents when taken in battle were doomed to death, without mercy; but this was judged too severe to be put in practice when that religion came to be sufficiently established, and past the danger of being subverted by its enemies.

When the Muhammadans declare war against people of a different faith, they give them their choice of three offers, viz., either to embrace the faith of Islam, in which case they become not only secure in their persons, families, and fortunes, but entitled to all the privileges of other Muslims; or to submit and pay tribute, by

doing which they are allowed to profess their own religion, provided it be not gross idolatry or against the moral law; or else to decide the quarrel by the sword, in which last case, if the followers of the Prophet prevail, the women and children which are made captives become absolute slaves, and the men taken in the battle may either be slain, unless they turn Muhammadans, or are otherwise disposed of at the pleasure of the prince. On the first considerable success of Muhammad in war, the dispute which happened among his followers in relation to the division of the spoil rendered it necessary for him to make some regulation on this point; he therefore pretended to have received the divine commission to distribute the plunder among his soldiers at his own discretion, reserving thereout, in the first place, one-fifth part for the uses after-mentioned; and, in consequence, he took himself to be authorised on extraordinary occasions, to distribute it as he thought fit, without observing an equality.

The fifth part directed by the Quran to be taken out of the spoil before it be divided among the captors, is declared to belong to God, and to the apostle and his kindred, and the orphans, and the poor, and the traveller; which words are variously understood.

Immovable possessions, as lands, &c., taken in war, are subject to the same laws as the movable; excepting only that the fifth part of the former is not actually divided, but the income and profits thereof, or of the price if sold, are applied to public and pious uses, and distributed once a year, while the prince may either take the fifth part of the land itself, or a like portion of the income and produce of the whole, as he shall make his election.

It was a custom among the ancient Arabs to observe four months in the year as sacred, during which they held it unlawful to wage war, so that taking off the heads from their spears, they used to cease from incursions and other hostilities. During those months even they in fear of their enemies lived in full security;

so that if a man met the murderer of his father or brother he durst not offer him any violence.

The months which the Arabs held sacred were al Muharram, Rajab, Zu'l qada, and Zu'l hijja; the first, the seventh, the eleventh, and the twelfth in the year. The last mentioned of these being the time wherein they performed the pilgrimage to Mecca, not only that month, but also the preceding and the following, were for that reason kept inviolable, that every one might safely and without interruption pass and repass to and from the festival. Rajab is said to have been more strictly observed than any of the other three, probably because in that month the pagan Arabs used to fast; Ramazan, which was afterwards set apart by Muhammad for that purpose, being in the time of ignorance dedicated to drinking in excess.

The observance of the aforesaid months seemed so reasonable to the Prophet that it met with his approbation; and the duty is accordingly confirmed and enforced by several passages of the Quran, which forbid war to be waged during those months against such as acknowledge them to be sacred, but grant, at the same time, full permission to attack those who make no such distinction, in the sacred months as well as in the profane.

One practice, however, of the pagan Arabs, in relation to these sacred months, Muhammad thought proper to reform for some of them, weary of sitting quiet for three months together, and eager to make their accustomed incursions for plunder, used, by way of expedient, whenever it suited their inclinations or convenience to put off the observing of al Muharram to the following month Safar, thereby avoiding to keep the former, which they supposed it lawful for them to profane provided they sanctified another month in lieu of it, and gave public notice thereof at the preceding pilgrimage. This transferring the observation of a sacred month to a profane month is absolutely condemned in a passage of the Quran and declared to be an impious innovation.

The setting apart of one day in the week for the more peculiar attendance on God's worship, so strictly required by the Jewish and Christian religions, appeared to Muhammad to be so proper an institution, that he did not hesitate to imitate an example of which he approved; though, for the sake of distinction, he obliged his followers to observe a different day from either. Several reasons are given why the sixth day of the week was selected for this purpose; but Muhammad seems to have preferred the day on which the people used to assemble together long before his time, though such gatherings were held, perhaps, rather on a civil than a religious account. However it be, Muhammadan writers bestow very extraordinary encomiums on this day, calling it the prince of days, and the most excellent day on which the sun rises, asserting also that it will be the day whereon the last judgment will be solemnized; and they esteem it a peculiar honour to Islam, that God has been pleased to appoint this same to be the feast-day of the Muslims, and grant them the advantage of having first observed it.

Though the Muhammadans do not think themselves bound to keep their day of public worship so holy as is the case with the Jews and Christians, there being a permission, as is generally supposed, in the Quran, allowing them to return to their employments or diversions after divine service is over; yet the more devout disapprove of any part of that day being devoted to worldly affairs, and require it to be wholly dedicated to the business of the life to come.

The portion of this chapter relating to the pilgrimage to Mecca, appeared as an article in the April number of the Asiatic Quarterly Review.

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CHAPTER VI.

THE SECTS OF ISLAM.

THE SUNNIS.

IT is a belief common to the whole Muslim world that Muhammad, as regards all that he said or did, was supernaturally guided from on high; hence it follows that his words and actions constitute a divine rule of faith and practice; this is the doctrine which underlies the fabric of the Sunni creed with its 145,000,000, of votaries, the name itself being derived from the Arabic word "Sunna" meaning regulation. In the early days of Islam the Prophet's sayings were not, it is true, committed to writing, but handed down by word of mouth, while the record of his actions existed not save in the memories of his faithful followers. In such circumstances, it may readily be conceived that the first four Khalifs, who had all of them been friends and companions of the Lawgiver of Arabia, and as such the repertories of his utterances, attained an influence but little inferior to that of the founder of Islam himself, and their authority is a dominant principle amongst the millions who profess the Sunni creed. To these "leaders of thought " also must be added the name of Ayisha, the favourite wife of the Prophet; nor must the six companions of Muhammad, known as the "Evangelists of Islam," be omitted from the honoured list. It cannot be doubted that zealous efforts were made to hand down the traditions of the faith pure and undefiled, and indeed the Prophet Himself denounced in terrible language, the wickedness of those who purposely misrepresented his words. Yet in spite of all this care, spurious traditions imper