George Sale, The Koran, commonly called the Alcoran of Mohammed, translated into English immediately from the original Arabic; with Explanatory Notes, taken from the most approved Commentators. To which is prefixed A Preliminary Discource (1734)
Of private contracts.
As to private contracts between man and man, the conscientious performance of them is frequently recommended in the Korân 1. For the preventing of disputes, all contracts are directed to be made before witnesses 2, and in case such contracts are not immediately executed, the same ought to be reduced into writing in the presence of two witnesses 3 at least, who ought to be Moslems and of the male sex; but if two men cannot be conveniently 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 found, pledges are to be taken 4. 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 5.
Of murder and manslaughter.
Wilful murder, though forbidden by the Korân under the severest penalties to be inflicted in the next life 6, 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 except of such satisfaction, or to refuse it; for he may, if he pleases, insist on having the murtherer delivered into his hands, to be put to death in such manner as he shall think fit 7. In this particular Mohammed has gone against the express letter of the Mosaic law, which declares that no satisfaction shall be taken for the life of a murderer 8; 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 unmerciful a manner 9, 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,)
1 Chap. 5. p. 82. chap. 17. p. 230. chap. 2. p. 34, &c.
3 The same seems to have been required by the Jewish law, even in cases where life was not concerned. See Deut. xix. 15. Matth. xviii. 16. John viii. 17. 2 Cor. xiii. 1.
5 V. Chardin, Voy. de Perse. T. 2. p. 294, &c. and the notes to Kor. chap. 5. p. 97.
7 Chap. 2. p. 20, 21. chap. 17. p. 230. V. Chardin, ubi sup. p. 299, &c.
8 Numb. xxxv. 31.
9 This is particularly forbidden in the Korân, chap. 17. p. 230.
