DICTIONARY OF ISLĀM. (continued 5)

The Muftīs belonging to the Ḥanīfī and Shāfiʿī sects at Makkah decided that, “as long as even some of the peculiar observances of Islām prevail in a country, it is Dāru ʾl-Islām.”

The decision of the Muftī of the Mālikī sect was very similar, being to the following effect: “A country does not become Dāru ʾl-ḥarb as soon as it passes into the hands of the infidels, but when all or most of the injunctions of Islām disappear therefrom.”

The law doctors of North India decided that, “the absence of protection and liberty to Musulmāns is essential in a Jihād, or religious war, and also that there should be a probability of victory to the armies of Islām.”

The Shīʿah decision on the subject was as follows: “A Jihād is lawful only when the armies of Islām are led by the rightful Imām, when arms and ammunitions of war and experienced warriors are ready, when it is against the enemies of God, when he who makes war is in possession of his reason, and when he has secured the permission of his parents, and has sufficient money to meet the expenses of his journey.”

The Sunnīs and Shīʿahs alike believe in the eventual triumph of Islām, when the whole world shall become followers of the Prophet of Arabia; but whilst the Sunnīs are, of course, ready to undertake the accomplishment of this great end, “whenever there is a probability of victory to the Musulmāns,” the Shīʿahs, true to the one great principle of their sect, must wait until the appearance of a rightful Imām. [JIHAD.]

DĀRU ʾL-ISLĀM (دار الاســلام‎). “Land of Islām.” According to the Raddu ʾl-Muk͟htār, vol. iii. p. 391, it is a country in which the edicts of Islām are fully promulgated.

In a state brought under Muslims, all those who do not embrace the faith are placed under certain disabilities. They can worship God according to their own customs, provided they are not idolaters; but it must be done without any ostentation, and, whilst churches and synagogues may be repaired, no new place of worship can be erected. “The construction of churches, or synagogues, in Muslim territory is unlawful, this being forbidden in the Traditions; but if places of worship belonging to Jews, or Christians, be destroyed, or fall into decay, they are at liberty to repair them, because buildings cannot endure for ever.”

Idol temples must be destroyed, and idolatry suppressed by force in all countries ruled according to strict Muslim law. (Hidāyah, vol. ii. p. 219.)

For further particulars, see article DARU ʾL-HARB.

DĀRU ʾL-QARĀR (دار الــقــرار‎). “The abode that abideth.” An expression which occurs in the Qurʾān, Sūrah xl. 42: “O my people! this present life is only a passing joy, but the life to come is the mansion that abideth.”

DĀRU ʾS-SALĀM (دار الــســلام‎). “The abode of peace.” An expression which occurs in the Qurʾān, Sūrah vi. 127: “For them is a dwelling of peace with their Lord! and in recompense for their works, shall He be their protector.”

DĀRU ʾS-SALT̤ANAH (دار السلطنة‎). “The seat of government.” A term given to the capital of a province, or a Muslim state.

DĀRU ʾS̤-S̤AWĀB (دار الثواب‎). “The house of recompense.” A name given to the Jannatu ʿAdn, or Garden of Eden, by the commentator al-Baiẓāwī.

DARVESH, DARWĪSH (درويش‎). A Persian word for a religious mendicant. A dervesh. It is derived from the word dar, “a door”; lit. one who goes from door to door. Amongst religious Muḥammadans, the darvesh is called a faqīr, which is the word generally used for religious mendicant orders in Arabic books. The subject is, therefore, considered in the article on FAQIR.

DAUGHTERS. Arabic Bint, pl. Banāt; Heb. Bath (‏בַּת‎). In the law of inheritance, the position of a daughter is secured by a verse in the Qurʾān, Sūrah iv. 12: “With regard to your children, God has commanded you to give the sons the portion of two daughters, and if there be daughters, more than two, then they shall have two-thirds of that which their father hath left, but if she be an only daughter she shall have the half.”

The Sirājīyah explains the above as follows:—

“Daughters begotten by the deceased take in three cases: half goes to one only, and two-thirds to two or more: and, if there be a son, the male has the share of two females, and he makes them residuaries. The son’s daughters are like the daughters begotten by the deceased; and they may be in six cases: half goes to one only, and two-thirds to two or more, on failure of daughters begotten by the deceased; with a single daughter of the deceased, they have a sixth, completing (with the daughter’s half) two-thirds; but, with two daughters of the deceased, they have no share of the inheritance, unless there be, in an equal degree with, or in a lower degree than, them, a boy, who makes them residuaries. As to the remainder between them, the male has the portion of two females; and all of the son’s daughters are excluded by the son himself.

“If a man leave three son’s daughters, some of them in lower degrees than others, and three daughters of the son of another son, some of them in lower degree than others, and three daughters of the son’s son of another son, some of them in lower degrees than others, as in the following table, this is called the case of tashbīh.

First set. Second set. Third set.

Son. Son. Son.

Son, daughter. Son. Son.

Son, daughter. Son, daughter. Son.

Son, daughter. Son, daughter. Son, daughter.

Son, daughter. Son, daughter.

Son, daughter.

“Here the eldest of the first line has none equal in degree with her; the middle one of the first line is equalled in degree by the eldest of the second, and the youngest of the first line is equalled by the middle one of the second, and by the oldest of the third line; the youngest of the second line is equalled by the middle one of the third line, and the youngest of the third set has no equal in degree. When thou hast comprehended this, then we say: the eldest of the first line has a moiety; the middle one of the first line has a sixth, together with her equal in degree, to make up two-thirds; and those in lower degrees never take anything, unless there be a son with them, who makes them residuaries, both her who is equal to him in degree, and her who is above him, but who is not entitled to a share; those below him are excluded.” (Ramsay’s ed. As-Sirājīyah.)

The age of puberty, or majority, of a daughter is established by the usual signs of womanhood; but in the absence of these signs, according to Abū Ḥanīfah, she is not of age until she is eighteen. But the two Imāms, Muḥammad and Yūsuf, fix the age at fifteen, and with this opinion the Imām ash-Shāfiʿī agrees.

With regard to a daughter’s freedom in a marriage contract, Shaik͟h ʿAbdu ʾl-Ḥaqq, in his commentary on the Traditions (vol. iii. p. 105), says, “All the learned doctors are agreed that a virgin daughter, until she has arrived at the age of puberty, is entirely at the disposal of her father or lawful guardian, but that in the event of a woman having been left a widow after she has attained the age of puberty, she is entirely at liberty to marry whom she likes.” There is, however, he says, some difference of opinion as to the freedom of a girl who has not been married and has arrived at the age of puberty. Abū Ḥanīfah rules that she is entirely free from the control of her guardian with regard to her marriage, but ash-Shāfiʿī rules otherwise. Again, as regards a widow who is not of age, Abū Ḥanīfah says she cannot marry without her guardian’s permission, but ash-Shāfiʿī says she is free.

According to the teaching of the Prophet, “a virgin daughter gives her consent to marriage by silence.” He also taught “that a woman ripe in years shall have her consent asked, and if she remain silent her silence is consent, but if she do not consent, she shall not be forced.” But this tradition is also to be compared with another, in which he said, “There is no marriage without the permission of the guardians.” (Mishkāt, xiii. c. iv. pt. 2.) Hence the difference between the learned doctors on this subject.

The author of the Ak͟hlāq-i-Jalālī says it is not advisable to teach girls to read and write, and this is the general feeling amongst Muḥammadans in all parts of the world, although it is considered right to enable them to recite the Qurʾān and the liturgical prayers.

The father or guardian is to be blamed who does not marry his daughter at an early age, for Muḥammad is related to have said, “It is written in the Book of Moses, that whosoever does not marry his daughter when she hath reached the age of twelve years is responsible for any sin she may commit.”

The ancient Arabs used to call the angels the “daughters of God,” and objected strongly, as the Badawīs do in the present day, to female offspring, and they used to bury their infant daughters alive. These practices Muḥammad reprobates in the Qurʾān, Sūrah xvi. 59: “And they ascribe daughters unto God! Glory be to Him! But they desire them not for themselves. For when the birth of a daughter is announced to any one of them, dark shadows settle on his face, and he is sad; he hideth him from the people because of the ill tidings. Shall he keep it with disgrace, or bury it in the dust? Are not their judgments wrong?”

Mr. Rodwell remarks on this verse: “Thus Rabbinism teaches that to be a woman is a great degradation. The modern Jew says in his Daily Prayers, fol. 5, 6, ‘Blessed art thou, O Lord our God! King of the Universe! who hath not made me a woman.’”

DŪMAH (دومة‎). A fortified town held by the Christian chief Ukaidar, who was defeated by the Muslim general K͟hālid, and by him converted to Muḥammadanism, A.H. 9. But the mercenary character of Ukaidar’s conversion led him to revolt after Muḥammad’s death. (Muir’s Life of Mahomet, vol. iv. p. 191.)

DAVID. Arabic Dāwud, or Dāwūd. A king of Israel and a Prophet, to whom God revealed the Zabūr, or Book of Psalms. [ZABUR.] He has no special title or kalimah, as all Muslims are agreed that he was not a law-giver or the founder of a dispensation. The account of him in the Qurʾān is exceedingly meagre. It is given as follows, with the commentator’s remarks translated in italics by Mr. Lane:—

“And God gave him (David) the kingship over the children of Israel, and wisdom, after the death of Samuel and Saul, and they [namely these two gifts] had not been given together to any one before him; and He taught him what He pleased, as the art of making coats of mail, and the language of birds. And were it not for God’s repelling men, one by another, surely the earth had become corrupt by the predominance of the polytheists and the slaughter of the Muslims and the ruin of the places of worship: but God is beneficent to the peoples, and hath repelled some by others.” (Sūrah ii. 227.)

“Hath the story of the two opposing parties come unto thee, when they ascended over the walls of the oratory of David, having been prevented going in unto him by the door, because of his being engaged in devotion? When they went in unto David, and he was frightened at them, they said, Fear not: we are two opposing parties. It is said that they were two parties of more than one each; and it is said that they were two individuals, angels, who came as two litigants, to admonish David, who had ninety-nine wives, and had desired the wife of a person who had none but her, and married her and taken her as his wife. [One of them said,] One of us hath wronged the other; therefore judge between us with truth, and be not unjust, but direct us into the right way. Verily this my brother in religion had nine-and-ninety ewes, and I had one ewe; and he said, Make me her keeper. And he overcame me in the dispute.—And the other confessed him to have spoken truth.—[David] said, Verily he hath wronged thee in demanding thy ewe to add her to his ewes; and verily many associates wrong one another, except those who believe and do righteous deeds: and few indeed are they.—And the two angels said, ascending in their [proper or assumed] forms to heaven, The man hath passed sentence against himself. So David was admonished. And David perceived that We had tried him by his love of that woman; wherefore he asked pardon of his Lord, and fell down bowing himself (or prostrating himself), and repented. So We forgave him that; and verily for him [was ordained] a high rank with Us (that is, an increase of good fortune in this world), and [there shall be for him] an excellent retreat in the world to come.” (Sūrah xxxviii. 20–24.)

“We compelled the mountains to glorify Us, with David, and the birds also, on his commanding them to do so, when he experienced languor; and We did this. And We taught him the art of making coats of mail (for before his time plates of metal were used) for you among mankind in general, that they might defend you from your suffering in warring with your enemies.—Will ye then, O people of Mecca, be thankful for My favours, believing the apostles?” (Sūrah xxi. 79, 80.)

Sale observes that Yaḥyā the commentator, most rationally understands hereby the divine revelations which David received from God, and not the art of making coats of mail.—The cause of his applying himself to this art is thus related in the Mirātu ʾz-Zamān:—He used to go forth in disguise; and when he found any people who knew him not, he approached them and asked them respecting the conduct of David, and they praised him and prayed for him; but one day, as he was asking questions respecting himself as usual, God sent to him an angel in the form of a human being, who said, “An excellent man were David if he did not take from the public treasury.” Whereupon the heart of David was contracted, and he begged of God to render him independent: so He made iron soft to him, and it became in his hands as thread; and he used to sell a coat of mail for four thousand [pieces of money—whether gold or silver is not said], and with part of this he obtained food for himself, and part he gave in alms, and with part he fed his family. Hence an excellent coat of mail is often called by the Arabs “Dāwudī,” i.e. “Davidean.” (See Lane’s translation of The Thousand and One Nights, chap. viii. note 5.)

David, it is said, divided his time regularly, setting apart one day for the service of God, another day for rendering justice to his people, another day for preaching to them, and another day for his own affairs.

DAʿWĀ (دعوى‎). A claim in a law-suit. A claim or demand. (See Hamilton’s Hidāyah, vol. iii. p. 63.)

DAʿWAH (دعوة‎). Lit. “A call, invocation (i.e. of God’s help).” A term used to express a system of incantation which is held to be lawful by orthodox Muḥammadans; whilst siḥr, “magic,” and kahānah, “fortune-telling,” are said to be unlawful, the Prophet having forbidden both.

From the Muslim books it appears that Muḥammad is believed to have sanctioned the use of spells and incantations, so long as the words used were only those of the names of God, or of the good angels, and of the good genii; although the more strict amongst them (the Wahhābīs, for example,) would say that only an invocation of God Himself was lawful—teaching which appears to be more in accordance with that of Muḥammad, who is related to have said, “There is nothing wrong in using spells so long as you do not associate anything with God.” (Mishkāt, xxi. c. i.) It is therefore clearly lawful to use charms and amulets on which the name of God only is inscribed, and to invoke the help of God by any ceremony, provided no one is associated with Him.

The science of daʿwah has, however, been very much elaborated, and in many respects its teachers seem to have departed from the original teaching of their Prophet on the subject.

In India, the most popular work on daʿwah is the Jawāhiru ʾl-K͟hamsah, by Shaik͟h Abū ʾl-Muwayyid of Gujerat, A.H. 956, in which he says the science is used for the following purposes. (1) To establish friendship or enmity between two persons. (2) To cause the cure, or the sickness and death, of a person. (3) To secure the accomplishment of one’s wishes, both temporal and spiritual. (4) To obtain defeat or victory in battle.

This book is largely made up of Hindu customs which, in India, have become part of Muḥammadanism; but we shall endeavour to confine ourselves to a consideration of those sections which exhibit the so-called science as it exists in its relation to Islām.

In order to explain this occult science, we shall consider it under the following divisions:

1. The qualifications necessary for the ʿāmil, or the person who practices it.

2. The tables required by the teacher, and their uses.

3. An explanation of the terms niṣāb, zakāt, ʿushr, qufl, daur, bazl, k͟hatm, and sarīʿu ʾl-ijābah, and their uses.

4. The methods employed for commanding the presence of the genii.

I. When anyone enters upon the study of the science, he must begin by paying the utmost attention to cleanliness. No dog, or cat, or any stranger, is allowed to enter his dwelling-place, and he must purify his house by burning wood-aloes, pastilles, and other sweet-scented perfumes. He must take the utmost care that his body is in no way defiled, and he must bathe and perform the legal ablutions constantly. A most important preparation for the exercise of the art is a forty-days’ fast (chilla), when he must sleep on a mat spread on the ground, sleep as little as possible, and not enter into general conversation. Exorcists not unfrequently repair to some cave or retired spot in order to undergo complete abstinence.

The diet of the exorcist must depend upon the kind of asmā, or names of God he intends to recite. If they are the asmāʾu ʾl-jalālīyah, or “terrible attributes” of the Almighty, then he must refrain from the use of meat, fish, eggs, honey, and musk. If they are the asmāʾu ʾl-jamālīyah, or “amiable attributes,” he must abstain from butter, curds, vinegar, salt, and ambergrise. If he intends to recite both attributes, he must then abstain from such things as garlic, onions, and assafœtida.

It is also of the utmost importance that the exorcist should eat things which are lawful, always speak the truth, and not cherish a proud or haughty spirit. He should be careful not to make a display of his powers before the world, but treasure up in his bosom the knowledge of his acquirements. It is considered very dangerous to his own life for a novice to practice the science of exorcism.

II. Previous to reciting any of the names or attributes of God for the establishment of friendship or enmity in behalf of any person, it is necessary to ascertain the initials of his or her name in the Arabic alphabet, which letters are considered by exorcists to be connected with the twelve signs of the zodiac, the seven planets, and the four elements. The following tables, which are taken from the Jawāhiru ʾl-K͟hamsah, occur, in a similar form, in all books on exorcism, give the above combinations, together with the nature of the perfume to be burnt, and the names of the presiding genius and guardian angel. These tables may be considered the key to the whole science of exorcism.

Letters of the Alphabet arranged according to the Abjad [ABJAD], with their respective number. 1 ا‎ 2 ب‎ 3 ج‎ 4 د‎ 5 ه‎

The Special Attributes or Names of God. الله‎ باقى‎ جامع‎ ديان‎ هادى‎

Allāh. Bāqī. Jāmiʿ. Dayyān. Hādī.

The Number of the Attribute. 66 113 114 65 20

The Meaning of the Attribute. God. Eternal. Assembler. Reckoner. Guide.

The Class of the Attribute. Terrible. Amiable. Terrible & Amiable combined. Terrible. Amiable.

The Quality, Vice, or Virtue of the Letter. Friendship. Love. Love. Enmity. Enmity.

The Elements. (Arbaʿah ʿAnāṣir.) Fire. Air. Water. Earth. Fire.

The Perfume of the Letter. Black Aloes. Sugar. Cinnamon. Red Sandal. White Sandal.

The Signs of the Zodiac. (Burūj.) Ḥamal. Jauzāʾ. Sarat̤ān. S̤aur. Ḥamal.

Ram. Twins. Crab. Bull. Ram.

The Planets. (Kawākib.) Zuḥal. Mushtarī. Mirrīk͟h. Shams. Zuhrah.

Saturn. Jupiter. Mars. Sun. Venus.

The Genii. (Jinn.) Qayupūsh. Danūsh. Nulūsh. T̤wayūsh. Hūsh.

The Guardian Angels. (Muwakkil.) Isrāfīl. Jibrāʾīl. Kalkāʾīl. Dardāʾīl. Durbāʾīl.

Letters of the Alphabet arranged according to the Abjad [ABJAD], with their respective number. 6 و‎ 7 ز‎ 8 ح‎ 9 ط‎ 10 ى‎

The Special Attributes or Names of God. ولى‎ زكى‎ حق‎ طاهر‎ ياسين‎

Walī. Zakī. Ḥaqq. T̤āhir. Yāsīn.

The Number of the Attribute. 46 37 108 215 130

The Meaning of the Attribute. Friend. Purifier. Truth. Holy. Chief.

The Class of the Attribute. Amiable. Combined. Combined. Terrible. Amiable.

The Quality, Vice, or Virtue of the Letter. Love. Love. Hatred. Desire. Attraction.

The Elements. (Arbaʿah ʿAnāṣir.) Air. Water. Earth. Fire. Air.

The Perfume of the Letter. Camphor. Honey. Saffron. Musk. Rose Leaves.

The Signs of the Zodiac. (Burūj.) Jauzāʾ. Sarat̤ān. Jady. Ḥamal. Mīzān.

Twins. Crab. Goat. Ram. Scales.

The Planets. (Kawākib.) ʿUt̤ārid. Qamar. Zuḥal. Mushtarī. Mirrīk͟h.

Mercury. Moon. Saturn. Jupiter. Mars.

The Genii. (Jinn.) Puyūsh. Kapūsh. ʿAyūsh. Badyūsh. Shahbūsh.

The Guardian Angels. (Muwakkil.) Raftmāʾīl. Sharkāʾīl. Tankafīl. Ishmāʾīl Sarakīkāʾīl.

Letters of the Alphabet arranged according to the Abjad [ABJAD], with their respective number. 20 ك‎ 30 ل‎ 40 م‎ 50 ن‎ 60 س‎

The Special Attributes or Names of God. كافى‎ لطيف‎ ملك‎ نور‎ سميع‎

Kāfī. Lat̤īf. Malik. Nūr. Samīʿ.

The Number of the Attribute. 111 129 90 256 180

The Meaning of the Attribute. Sufficient. Benignant. King. Light. Hearer.

The Class of the Attribute. Amiable. Amiable. Terrible. Amiable. Combined.

The Quality, Vice, or Virtue of the Letter. Love. Separation. Love. Hatred. Desire.

The Elements. (ʿArbaʿah ʿAnāṣir.) Water. Earth. Fire. Air. Water.

The Perfume of the Letter. White rose leaves. Apples. Quince. Hyacinth. Different kinds of Scents.

The Signs of the Zodiac. (Burūj.) ʿAqrab. S̤aur. Asad. Mīzān. Qaus.

Scorpion. Bull. Lion. Scales. Archer.

The Planets. (Kawākib.) Shams. Zuhrah. ʿUt̤ārid. Qamar. Zuḥal.

Sun. Venus. Mercury. Moon. Saturn.

The Genii. (Jinn.) Kadyūsh. ʿAdyūsh. Majbūsh. Damalyūsh. Faʿyūsh.

The Guardian Angels. (Muwakkil.) Kharurāʾīl. T̤at̤āʾīl. Rūyāʾīl. Hūlāʾīl. Hamwākīl.

Letters of the Alphabet arranged according to the Abjad [ABJAD], with their respective number. 70 ع‎ 80 ف‎ 90 ص‎ 100 ق‎ 200 ر‎

The Special Attributes or Names of God. على‎ فتاح‎ صمد‎ قادر‎ رب‎

ʿAlī. Fattāḥ. Ṣamad. Qādir. Rabb.

The Number of the Attribute. 110 489 134 305 202

The Meaning of the Attribute. Exalted. Opener. Established. Powerful. Lord.

The Class of the Attribute. Terrible. Amiable. Terrible. Combined. Terrible.

The Quality, Vice, or Virtue of the Letter. Riches. Enmity. Intimacy. Desire. Friendship.

The Elements. (ʿArbaʿah ʿAnāṣir.) Earth. Fire. Air. Water. Earth.

The Perfume of the Letter. White Pepper. Walnut. Nutmeg. Orange. Rosewater.

The Signs of the Zodiac. (Burūj.) Sumbulah. Asad. Mīzān. Ḥūt. Sumbulah.

Virgin. Lion. Scales. Fish. Virgin.

The Planets. (Kawākib.) Mushtarī. Mirrīk͟h. Shams. Zuhrah. ʿUt̤ārid.

Jupiter. Mars. Sun. Venus. Mercury.

The Genii. (Jinn.) Kashpūsh. Lat̤yūsh. Kalapūsh. Shamyūsh. Rahūsh.

The Guardian Angels. (Muwakkil.) Lumāʾīl. Sarhmāʾīl. Ahjmāʾīl. ʿItrāʾīl. Amwākīl.

Letters of the Alphabet arranged according to the Abjad [ABJAD], with their respective number. 300 ش‎ 400 ت‎ 500 ث‎ 600 خ‎

The Special Attributes or Names of God. شفيع‎ تواب‎ ثابت‎ خالق‎

Shafīʿ. Tawwāb. S̤ābit. K͟hāliq

The Number of the Attribute. 460 409 903 731

The Meaning of the Attribute. Accepter. Forgiver. Stable. Creator.

The Class of the Attribute. Amiable. Amiable. Terrible. Combined.

The Quality, Vice, or Virtue of the Letter. Enmity. Sleeplessness. Hatred. Love.

The Elements. (ʿArbaʿah ʿAnāṣir.) Fire. Air. Water. Earth.

The Perfume of the Letter. White Aloes. Amber. White Aloes. Violet.

The Signs of the Zodiac. (Burūj.) ʿAqrab. Dalw. Ḥūt. Jady.

Scorpion. Watering Pot. Fish. Goat.

The Planets. (Kawākib.) Qamar. Zuḥal. Mushtarī. Mirrīk͟h.

Moon. Saturn. Jupiter. Mars.

The Genii. (Jinn.) Tashyūsh. Lat̤yūsh. T̤wahyūsh. Dālāyūsh.

The Guardian Angels. (Muwakkil.) Amrāʾīl. Azrāʾīl. Mīkāʾīl. Mahkāʾīl.

Letters of the Alphabet arranged according to the Abjad [ABJAD], with their respective number. 700 ذ‎ 800 ض‎ 900 ظ‎ 1000 غ‎

The Special Attributes or Names of God. ذاكر‎ ضار‎ ظاهر‎ غفور‎

Ẕākir. Ẓārr. Z̤āhir. G͟hafūr.

The Number of the Attribute. 921 1001 1106 1285

The Meaning of the Attribute. Rememberer. Punisher. Evident. Great Forgiver.

The Class of the Attribute. Combined. Terrible. Terrible. Amiable.

The Quality, Vice, or Virtue of the Letter. Hatred. Hatred. Enmity. Convalescence.

The Elements. (ʿArbaʿah ʿAnāṣir.) Fire. Air. Water. Earth.

The Perfume of the Letter. Sweet Basil. Laburnum. Jasmine. Cloves.

The Signs of the Zodiac. (Burūj.) Qaus. Dalw. Ḥūt. Ḥūt.

Archer. Watering Pot. Fish. Fish.

The Planets. (Kawākib.) Shams. Zuhrah. ʿUt̤ārid. Qamar.

Sun. Venus. Mercury. Moon.

The Genii. (Jinn.) T̤wakapūsh. Ghayūsh. Ghafūpūsh. ʿArkupūsh.

The Guardian Angels. (Muwakkil.) Hart̤āʾīl. ʿAtāʾīl. Nurāʾīl. Nuk͟hāʾīl.

The sex of the signs of the Zodiac (burūj) has been determined as in the following table. Between males and females exists friendship; between males and hermaphrodites sometimes friendship sometimes enmity; between females and hermaphrodites the most inveterate enmity:—

MALES. FEMALES. HERMAPHRODITES.

Ram Burj-i-Ḥamal. Bull Burj-i-S̤aur. Twins Burj-i-Jauzāʾ.

Lion Burj-i-Asad. Scales Burj-i-Mīzān. Virgin Burj-i-Sumbulah.

Scorpion Burj-i-ʿAqrab. Crab Burj-i-Sarat̤ān. Goats Burj-i-Jady.

Fish Burj-i-Ḥūt. Watering Pot Burj-i-Dalw.

Archer Burj-i-Qaus.

Astrologists have determined the relative dispositions of the planets (kawākib) to be as follows:—

Venus Venus Jupiter Jupiter Sun Jupiter Sun Friendship.

and and and and and and and

Saturn. Moon. Venus. Sun. Moon. Moon. Venus.

Moon Saturn Jupiter Mars Venus Mars Sun Mixed Friendship and Enmity or Indifference.

and and and and and and and

Mercury. Mercury. Mercury. Mercury. Mercury. Venus. Mercury.

Saturn Saturn Mars Mars Saturn Jupiter Jupiter Enmity.

and and and and and and and

Sun. Moon. Moon. Sun. Sun. Mars. Saturn.

The four elements (arbaʿah ʿanāṣir) stand in relation to each other as follows:—

Water and Water. Earth and Earth. Friendship.

Fire and Fire. Air and Air.

Fire and Air. Air and Water. Mixed Friendship and Enmity or Indifference.

Fire and Water. Earth and Water. Enmity.

Fire and Earth.

As an illustration of the use of these tables, two persons, Akram and Raḥīmah, contemplate a matrimonial alliance, and wish to know if it will be a happy union or otherwise.

The exorcist must first ascertain if the elements (arbaʿah ʿanāṣir), the signs of the zodiac (burūj), and the planets (kawākib), are amicably or inimicably disposed to each other in the cases of these two individuals, and also if there is a combination expressed in the ism or name of God connected with their initial letters.

In the present instance the initial letter of Akram is alif, and that of Raḥīmah, rā, and a reference to the foregoing tables will produce the following results:—

Akram. Raḥīmah.

(اكرم‎). (رحيمة‎).

Initial letter. Alif ا‎. Rā ر‎.

The quality of the letter. Friendship. Friendship.

The element. Fire. Earth.

The attribute. Allāh. Rabb.

The quality of the attribute. Terrible. Terrible.

The planet. Saturn. Mercury.

The sign of the zodiac. The ram. The virgin.

The perfume. Black aloes. Rose water.

The genius. Qayupūsh. Rahūsh.

The angel. Isrāfīl. Amwākīl.

In considering this case, the exorcist will observe that there is a combination in the attributes of God, both belonging to the asmāʾu ʾl-jalālīyah, or terrible attributes. There is also a combination in the quality of the letters, both implying friendship. Their respective planets, Saturn and Mercury, show a combination of either mixed friendship and enmity, or, perhaps, indifference. The sign of the zodiac, the ram being a male, and that of the virgin a hermaphrodite, show a possible alternation of friendship and enmity between the parties. The elements, fire and earth, being opposed, imply enmity. It therefore appears that there will be nothing against these two persons, Akram and Raḥīmah forming a matrimonial alliance, and that they may reasonably expect as much happiness from their union as usually falls to the lot of the human race. Should the good offices of the exorcist be requested, he will, by incantation, according to the table given, appeal to the Almighty as Allāh and Rabb, call in the aid of the genii Qayupūsh and Rahūsh, and of the guardian angels, Isrāfīl and Amwākīl. The perfumes he will burn in his numerous recitals will be black aloes and rose-water, and so bring about a speedy increase in the happiness of the persons of Akram and Raḥīmah!

III. As we have already explained, the incantations used by exorcists consist in the recital of either the names or attributes of God, or of certain formulæ which are given in books on the subject. In the Jawāhiru ʾl-K͟hamsah, there were many forms of incantation, but we select the following one to illustrate the subject:—

سبحانك لا اله الا انت رب كل شى و وارثه ورازقه و راحمه‎

Subḥānaka! lā ilāha illā anta! Rabba-kulli-shaiʾin! wa wāris̤ahu! wa rāziqahu! wa rāḥimahu!

Glory be to Thee! There is no deity but Thee! The Lord of All! and the Inheritor thereof! and the Provider therefor! and the Merciful thereon!

This incantation consists of forty-four letters, exclusive of vowel points, as is shown by the following table:—

1 س‎ Sīn 60

2 ب‎ Bā 2

3 ح‎ Ḥā 8

4 ا‎ Alif 1

5 ن‎ Nūn 50

6 ك‎ Kāf 20

7 ل‎ Lām 30

8 ا‎ Alif 1

9 ا‎ Alif 1

10 ل‎ Lām 30

11 هـ‎ Hā 5

12 ا‎ Alif 1

13 ل‎ Lām 30

14 ل‎ Lām 30

15 ا‎ Alif 1

16 ا‎ Alif 1

17 ن‎ Nūn 50

18 ت‎ Tā 400

19 ر‎ Rā 200

20 ب‎ Bā 2

21 ب‎ Bā 2

22 ك‎ Kāf 20

23 ل‎ Lām 30

24 ل‎ Lām 30

25 ش‎ Shīn 300

26 ى‎ Yā 10

27 ء‎ Hamzah 1

28 و‎ Wau 6

29 و‎ Wau 6

30 ا‎ Alif 1

31 ر‎ Rā 200

32 ث‎ S̤ā 500

33 هـ‎ Hā 5

34 و‎ Wau 6

35 ر‎ Rā 200

36 ا‎ Alif 1

37 ز‎ Zā 7

38 ق‎ Qāf 100

39 هـ‎ Hā 5

40 و‎ Wau 6

41 ر‎ Rā 200

42 ا‎ Alif 1

43 ح‎ Ḥā 8

44 م‎ Mīm 40

45 هـ‎ Hā 5

2613

In reciting such an invocation, units are reckoned as hundreds, tens as thousands, hundreds as tens of thousands, and thousands as hundreds of thousands.

In the above formula—

Its niṣāb, or fixed estate, is the number of letters (i.e. 45) put into thousands = 4,500

Its zakāt, or alms, is the half of the niṣāb added to itself, 4,500 and 2,250 = 6,750

Its ʿushr, or tithes, is half of the above half added to the zakāt, 6,750 and 1,125 = 7,875

Its qufl, or lock, is half of 1,125 = 563

Its daur, or circle, is obtained by adding to its qufl the sum of the ʿushr and then doubling the total:—

563

7,875

—— 8,438

8,438

—— 16,876

Its baẕl, or gift, is the fixed number 7,000

Its k͟hatm, or seal, is the fixed number 1,200

Its sarīʿu ʾl-ijābah, or speedy answer, is the fixed number 12,000

Total 56,764

After the exorcist has recited the formula the above number of times, he should, in order to make a reply more certain, treble the niṣāb, making it 135,000, and then add 2,613, the value of the combined number of letters, making a total of 137,613 recitals. The number of these recitals should be divided as nearly as possible in equal parts for each day’s reading, provided it be completed within forty days. By a rehearsal of these, says our author, the mind of the exorcist becomes completely transported, and, whether asleep or awake, he finds himself accompanied by spirits and genii (jinn) to the highest heavens and the lowest depths of earth. These spirits then reveal to him hidden mysteries, and render souls and spirits obedient to the will of the exorcist.

IV. If the exorcist wish to command the presence of genii in behalf of a certain person, it is generally supposed to be effected in the following manner. He must, first of all, shut himself up in a room and fast for forty days. He should besmear the chamber with red ochre, and, having purified himself, should sit on a small carpet, and proceed to call the genius or demon. He must, however, first find out what special genii are required to effect his purpose. If, for example, he is about to call in the aid of these spirits in behalf of a person named Bahrām (بهرام‎) he will find out, first, the special genii presiding over the name, the letters of which are, omitting the vowel points, B H R A M. Upon reference to the table it will be seen that they are Danūsh, Hūsh, Rahūsh, Qayupūsh, and Majbūsh. He must then find out what are the special names of God indicated by these letters, which we find in the table are al-Bāqī, “the Eternal,” al-Hādī, “the Guide,” ar-Rabb, “the Lord,” Allāh, “God,” al-Malik, “the King.” He must then ascertain the power of the letters, indicating the number of times for the recital, which will be thus:—

B, 2 equal to 200

H, 5 equal,, to,, 500

R, 200 equal,, to,, 20,000

A, 1 equal,, to,, 100

M, 40 equal,, to,, 4,000

Total 24,800

The exorcist should then, in order to call in the help of the genii, recite the following formula, not fewer than 24,800 times:—

Yā Danūshu! for the sake of the Eternal One!

Yā Hūshu! for the sake of the Guide!

Yā Rahūshu! for the sake of the Lord!

Yā Qayupūshu! for the sake of Allāh!

Yā Majbūshu! for the sake of the King!

The exorcist will perform this recital with his face turned towards the house of the object he wishes to affect, and burn the perfumes indicated according to the table for the letters of Bahrām’s name.

There are very many other methods of performing this exorcism, but the foregoing will suffice as a specimen of the kind of service. [MAGIC.]

DAY. The Muḥammadan day commences at sun-set; our Thursday evening, for example, being the beginning of the Muslim Friday. The Arabic Yaum denotes the day of twenty-four hours, and Nahār, the day in contradistinction to the night (lail). The days of the week are as follows:—

Yaumu ʾl-aḥad, first-day, Sunday.

Yaumu ʾl-is̤nain, second day, Monday.

Yaumu ʾs̤-s̤alās̤āʾ, third day, Tuesday.

Yaumu ʾl-arbāʿ, fourth day, Wednesday.

Yaumu ʾl-k͟hamīs, Thursday.

Yaumu ʾl-jumʿah, Day of Assembly, Friday.

Yaumu ʾs-sabt, Sabbath-day, Saturday.

Of the days of the week, Monday, Wednesday, Thursday, and Friday, are esteemed good and auspicious; the others evil. (Qānūn-i-Islām, p. 403.) Friday is the special day appointed by Muḥammad for meeting in the chief mosque for public worship. [FRIDAY.]

DAY OF JUDGMENT. [RESURRECTION.]

DEATH. Arabic Maut; Wafāt. It is distinctly taught in the Qurʾān that the hour of death is fixed for every living creature.

Sūrah xvi. 63: “If God were to punish men for their wrong-doing, He would not leave on the earth a single living creature; but He respites them until a stated time; and when their time comes they cannot delay it an hour, nor can they hasten it.”

Sūrah iii. 182: “Every soul must taste death, and ye shall only be paid your hire on the day of resurrection.”

Sūrah l. 17: “The agony of death shall come in truth, that is what thou didst shun.”

In the Traditions, Muḥammad has taught that it is sinful to wish for death: “Wish not for death, not even if thou art a doer of good works, for peradventure thou mayest increase them with an increase of life. Nor even if thou art a sinner, for with increase of life thou mayest obtain God’s pardon.”

One day the Prophet said: “Whosoever loves to meet God, God will love to meet him, and whoever dislikes to meet God, God will dislike to meet him.” Then ʿĀyishah said, “Truly we all dislike death and consider it a great affliction.” The Prophet replied, “Thou dost not understand me. When death comes near a believer, then God gives him a spirit of resignation, and so it is that there is nothing which a believer likes so much as death.”

Al-Barāʾ ibn ʿĀẕib, one of the Companions, says:—

“I came out with the Prophet at the funeral of one of the assistants, and we arrived just at the grave, before they had interred the body, and the Prophet sat down, and we sat around him with our heads down, and were so silent, that you might say that birds were sitting upon our heads. And there was a stick in the Prophet’s hand with which he kept striking the ground. Then he raised his head and said twice or thrice to his companions, ‘Seek the protection of God from the punishments of the grave.’ After that he said: ‘Verily, when a Muslim separateth from the world and bringeth his soul to futurity, angels descend to him from the celestial regions, whose faces are white. You might say their faces are the sun, and they have a shroud of the shrouds of paradise, and perfumes therefrom. So they sit apart from the deceased, as far as the eyes can see. After which the Angel of Death (Malaku ʾl-Maut) comes to the deceased and sits at his head, and says, “O pure soul, come forth to God’s pardon and pleasure.” Then the soul comes out, issuing like water from a bag, and the Angel of Death takes it; and when he takes it, the angels do not allow it to remain in his hands for the twinkling of an eye. But when the Angel of Death has taken the soul of a servant of God, he resigns it to his assistants, in whose hands is a shroud, and they put it into the shroud and with the perfumes, when a fragrance issues from the soul like the smell of the best musk that is to be found on the face of the earth. Then the angels carry it upwards, and they do not pass by any concourse of angels who do not say, “What is this pure soul, and who is owner of it?” And they say, “Such a one, the son of such a one,” calling him by the best names by which he was known in the world, till they reach the lowest region of heaven with him. And the angels ask the door to be opened for him, which is done. Then angels follow it through each heaven, the angel of one region to those of the next, and so on till it reaches the seventh heaven, when God says, “Write the name of My servant in ʿIllīyūn, and return him towards the earth, that is, to his body which is buried in the earth, because I have created man from earth and return him to it, and will bring him out from it again as I brought him out at first.” Then the souls are returned into their bodies, when two angels [MUNKAR and NAKIR] come to the dead man and cause him to sit up, and say to him, “Who is thy Lord?” He replies, “My Lord is God.” Then they say, “What is thy religion?” He says, “Islām.” Then they say, “What is this man who is sent to you?” (i.e. the Prophet). He says, “He is the Prophet of God.” Then they say, “What is your proof of his mission?” He says, “I read the book of God, and believed in it, and I proved it to be true.” Then a voice calls out from the celestial regions, “My servant hath spoken true, therefore throw for him a bed from Paradise, and dress him in clothes from Paradise, and open a door for him towards Paradise.” Then peace and perfumes come for him from Paradise, and his grave is enlarged for him as far as the eye can see. Then a man with a beautiful face comes to him, elegantly dressed, and perfumed, and he says, “Be joyful in that which hath made thee so, this is the day which was promised thee.” Then the dead person says to him, “Who art thou, for thy face is perfectly beautiful?” And the man replies, “I am thy good deeds.” Then the dead person cries out, “O Lord, hasten the resurrection for my sake!” ’

“ ‘But,’ continued the Prophet, ‘when an infidel dies, and is about to pass from the world and bring his soul to futurity, black-faced angels come down to him and with them sackcloths. Then they sit from the dead as far as the eye can see, after which the Angel of Death comes in order to sit at his head, and says, “O impure soul! come forth to the wrath of God.” Then the soul is disturbed in the infidel’s body. Then the Angel of Death draws it out as a hot spit is drawn out of wet wool.

“ ‘Then the Angel of Death takes the soul of the infidel, and having taken it, the angels do not allow it to remain with him the twinkling of an eye, but they take it in the sackcloth, and a disagreeable smell issues from the soul, like that of the most fetid carcass that can be met with upon the face of the earth. Then the angels carry it upwards and do not pass by any assembly of angels who do not ask whose filthy soul is this. They answer such an one, the son of such an one, and they mention him by the worst names that he bore in the world, till they arrive with it at the lowest heaven, and call the door to be opened, but it cannot be done.’ Then the Prophet repeated this verse: ‘The doors of the celestial regions shall not be opened for them, nor shall they enter into paradise till a camel passes through the eye of a needle.’ Then God says, ‘Write his history in Sijjīn,’ which is the lowest earth; then his soul is thrown down with violence. Afterwards the Prophet repeated this verse: ‘Unite no partner with God, for whoever uniteth gods with God is like that which falleth from high, and the birds snatch it away, or the wind wafteth it to a distant place.’ Then his soul is replaced in his body, and two angels [MUNKAR and NAKIR] come to him and set him up, and say, ‘Who is thy Lord?’ He says, ‘Alas! alas! I do not know.’ Then they say, ‘What is thy religion?’ He says, ‘Alas! alas! I do not know.’ And they say to him, ‘What is the condition of the man who is sent down to you?’ He says, ‘Alas! alas! I do not know.’ Then a voice comes from above, saying, ‘He lieth; therefore spread a bed of fire for him and open a door for him towards hell.’ Then the heat and hot winds of hell come to him, and his grave is made tight upon him, so as to squeeze his ribs. And a man with a hideous countenance comes to him shockingly dressed, of a vile smell, and he says, ‘Be joyful in that which maketh thee miserable; this is the day that was promised thee.’ Then the dead man says, ‘Who art thou? Thy face is hideous, and brings wickedness.’ He says, ‘I am thy impure actions.’ Then the dead person says, ‘O Lord, delay the resurrection on my account!’ ”

The ceremonies attending the death of a Muslim are described as follows by Jāfir Shārīf in Herklots’ Qānūn-i-Islām, as follows:—

Four or five days previous to a sick man’s approaching his dissolution, he makes his will in favour of his son or any other person, in the presence of two or more witnesses, and either delivers it to others or retains it by him. In it he likewise appoints his executor. When about to expire, any learned reader of the Qurʾān is sent for, and requested to repeat with a loud voice the Sūrah Yā Sīn (or chap. xxxvi.), in order that the spirit of the man, by the hearing of its sound, may experience an easy concentration. It is said that when the spirit was commanded to enter the body of Adam, the soul having looked into it once, observed that it was a bad and dark place, and unworthy of its presence! Then the Just and Most Holy God illuminated the body of Adam with “lamps of light,” and commanded the spirit to re-enter. It went in a second time, beheld the light, and saw the whole dwelling, and said, “There is no pleasing sound here for me to listen to.” It is generally understood from the best works of the mystics of the East, that it was owing to this circumstance that the Almighty created music. The holy spirit, on hearing the sound of this music became so delighted that it entered Adam’s body. Commentators on the Qurʾān, expositors of the Traditions and divines have written, that that sound resembled that produced by the repeating of the Sūratu Yā Sīn; it is therefore advisable to read at the hour of death this chapter for tranquillising the soul.

The Kalimatu ʾsh-shahādah [CREED] is also read with an audible voice by those present. They do not require the patient to read it himself, as at such a time he is in a distressing situation, and not in a fit state of mind to repeat the Kalimah.

Most people lie insensible, and cannot even speak, but the pious retain their mental faculties and converse till the very last. The following is a most serious religious rule amongst us, viz. that if a person desire the patient to repeat the Kalimah, and the sick man expire without being able to do so, his faith is considered dubious; whilst the man who directed him so to do thereby incurs guilt. It is therefore best that the sitters-by read it, in anticipation of the hope that the sick man, by hearing the sound of it, may bring it to his recollection, and repeat it either aloud or in his own mind. In general, when a person is on the point of death, they pour sharbat, made of sugar and water, down his throat, to facilitate the exit of the vital spark, and some procure the holy water of the Zamzam well at Makkah. The moment the spirit has fled, the mouth is closed; because, if left open, it would present a disagreeable spectacle. The two great toes are brought in contact and fastened together with a thin slip of cloth, to prevent the legs remaining apart. They burn perfumes near the corpse. Should the individual have died in the evening, the shrouding and burial take place before midnight; if he die at a later hour, or should the articles required not be procurable at that late hour, he is buried early on the following morning. The sooner the sepulchral rites are performed the better, for it is not proper to keep a corpse long in the house, and for this reason the Prophet said that if he was a good man, the sooner he is buried the more quickly he will reach heaven; if a bad man, he should be speedily buried, in order that his unhappy lot may not fall upon others in the house; as also that the relatives of the deceased may not, by holding the corpse, weep too much or go without food. There are male and female washers, whose province it is to wash and shroud the corpse for payment. Sometimes, however, the relatives do it themselves. In undertaking the operation of washing, they dig a hole in the earth to receive the water used in the process, and prevent its spreading over a large surface, as some men and women consider it bad to tread on such water. Then they place the corpse on a bed, country-cot, plank, or straw. Some women, who are particular in these matters, are afraid even to venture near the place where the body has been washed. Having stripped the corpse and laid it on its back, with its head to the east and feet to the west, they cover it with a cloth—reaching, if it be a man, from the navel to the calves of the legs, if a woman, extending from the chest to the feet—and wash it with warm or with cold water. They raise the body gently and rub the abdomen four or five times, then pour plenty of water, and wash off all the dirt and filth with soap, &c., by means of flocks of cotton or cloth; after which, laying the body on the sides, they wash them; then the back, and the rest of the body; but gently, because, life having but just departed, the body is still warm and not insensible to pain. After this they wash and clean it well, so that no offensive smell may remain. They never throw water into the nostrils or mouth, but clean them with wicks of cloth or cotton. After that they perform wuẓūʾ for him, i.e. they wash his mouth, the two upper extremities up to the elbows, make masaḥ [MASAH] on his head, and throw water on his feet; these latter constituting the four parts of the wuẓūʾ ceremony [ABLUTIONS]. They then put some camphor with water into a new large earthen pot, and with a new earthen pot they take out water and pour it three times, first from the head to the feet, then from the right shoulder to the feet, lastly from the left shoulder to the feet. Every time that a pot of water is poured the Kalimatu ʾsh-shahādah is repeated, either by the person washing or another. Having bathed the body and wiped it dry with a new piece of cloth, they put on the shroud. The shroud consists of three pieces of cloth, if for a man, and five if for a woman.

Those for men comprise, 1st, a lungī, or izār, reaching from the navel down to the knees or ankle-joints; 2nd, a qamīṣ, or kurta, or alfā; its length is from the neck to the knees or ankles; 3rd, a lifāfah, or sheet, from above the head to below the feet. Women have two additional pieces of cloth: one a sīnah-band, or breast-band, extending from the arm-pits to above the ankle-joints; the other a damnī, which encircles the head once and has its two ends dangling on each side. The manner of shrouding is as follows: having placed the shrouds on a new mat and fumigated them with the smoke of perfumes, the lifāfah is spread first on the mat, over it the lungī or izār, and above that the qamīṣ; and on the latter the sīnah-band, if it be a woman; the damnī is kept separate and tied on afterwards. The corpse must be carefully brought by itself from the place where it was bathed, and laid in the shrouds. Surmah is to be applied to the eyes with a tent made of paper rolled up, with a ring, or with a pice, and camphor to seven places, viz. on the forehead, including the nose, on the palms of the hands, on the knees and great toes, after which the different shrouds are to be properly put on one after another as they lay. The colour of the shroud is to be white; no other is admissible. It is of no consequence, however, if a coloured cloth is spread over the bier; which, after the funeral, or after the fortieth day, is given away to the faqīr who resides in the burying-ground, or to any other person, in charity. Previous to shrouding the body, they tear shreds from the cloths for the purpose of tying them on; and after shrouding the body, they tie one band above the head, a second below the feet, and a third about the chest, leaving about six or seven fingers’ breadth of cloth above the head and below the feet, to admit of the ends being fastened. Should the relict of the deceased be present, they undo the cloth of the head and show her his face, and get her, in presence of two witnesses, to remit the dowry which he had settled upon her; but it is preferable that she remit it while he is still alive. Should the wife, owing to journeying, be at a distance from him, she is to remit it on receiving the intelligence of his demise.

Should his mother be present, she likewise says, “The milk with which I suckled thee I freely bestow on thee”; but this is merely a custom in India; it is neither enjoined in books of theology nor by the law of Islām. Then they place on the corpse a flower-sheet or merely wreaths of flowers. [GRAVE, BURIAL.]

DEATH, EVIDENCE OF. The Muḥammadan law admits of the evidence of death given in a court of justice being merely by report or hearsay. The reason of this is that death is an event of such a nature as to admit the privacy only of a few. But some have advanced that, in cases of death, the information of one man or woman is sufficient, “because death is not seen by many, since, as it occasions horror, the sight of it is avoided.”

If a person say he was present at the burial of another, this amounts to the same as an actual sight of his death. (Hidāyah, vol. iv. p. 678.)

DEBT. In Muḥammadan law there are two words used for debt. Dain (دين‎), or money borrowed with some fixed term of payment, and qarẓ (قرض‎), or money lent without any definite understanding as to its repayment. Imprisonment for debt is allowed. (Hidāyah, vol. ii. p. 624.)

Upon the decease of a debtor, the law demands that after the payment of the funeral expenses, his just debts must be paid before payment of legacies.

To engage in a Jihād or religious war, is said by Muḥammad to remit every sin except that of being in debt. [JIHAD, DAIN, QARZ.]

DECORUM, or modesty of demeanour between the sexes, is strictly enjoined in Muslim law, and a special chapter is devoted to it in the Durru ʾl-Muk͟htār and other works on Muḥammadan law.

A man is not allowed to look at a woman except at her hands and face, nor is he allowed to touch her. But a physician is permitted to exercise the duties of his profession without restriction.

A judge in the exercise of his office may look in the face of a woman, and witnesses are under the same necessity.

DECREES OF GOD, The. Arabic Qadar or Taqdīr. [PREDESTINATION.]

DEEDS. Written deeds are, according to Muḥammadan law, of three kinds: I. Mustabīn-i-marsūm, or regular documents, such as are executed on paper, and have a regular title, superscription, &c., which are equivalent to oral declaration, whether the person be present or absent. II. Mustabīn-i-ghair-i-marsūm, or irregular documents, such as are not written on paper, but upon a wall or the leaf of a tree, or upon paper without any title or superscription or signature. III. Ghair-i-mustabīn, writings which are not documents in any sense, such as are delineated in the air or in the water by the motions of a dumb person.

DEFENDANT. Arabic muddaʿa ʿalaihi (مدعى عليه‎). Lit. “A claim upon him.”

The author of the Hidāyah (vol. iii. p. 63) says a defendant is a person who, if he should wish to avoid the litigation, is compellable to sustain it. Some have defined a plaintiff, with respect to any article of property, to be a person who, from his being disseized of the said article, has no right to it but by the establishment of proof; and a defendant to be a person who has a plea of right to that article from his seizing or possession of it.

The Imām Muḥammad has said that a defendant is a person who denies. This is correct; but it requires a skill and knowledge of jurisprudence to distinguish the denier in a suit, as the reality and not the appearance is efficient, and it frequently happens that a person is in appearance the plaintiff, whilst in reality he is the defendant. Thus a trustee, when he says to the owner of the deposit, “I have restored to you your deposit,” appears to be plaintiff, inasmuch as he pleads the return of the deposit; yet in reality he is the defendant, since he denies the obligation of responsibility, and hence his assertion, corroborated by an oath, must be credited.

DELIBERATION (Arabic taʾannī تانى‎) is enjoined by Muḥammad in the Traditions. He is related to have said, “Deliberation in your undertakings is pleasing to God, and hurry (ʿajalah) is pleasing to the devil.” “Deliberation is best in everything except in the things concerning eternity.” (Ḥadīs̤-i-Tirmiẕī.)

DELUGE, The. Arabic Ṭūfān (طوفان‎). The story of the deluge is given by Muḥammad in his Qurʾān, to the Arabians as a “secret history,” revealed to them (Sūrah xi. 51). The following are the allusions to it in the Qurʾān:—

Sūrah lxix. 11:—

“When the Flood rose high, we bare you in the Ark,

“That we might make that event a warning to you, and that the retaining ear might retain it.”

Sūrah liv. 9:—

“Before them the people of Noah treated the truth as a lie, Our servant did they charge with falsehood, and said, ‘Demoniac!’ and he was rejected.

“Then cried he to his Lord, ‘Verily, they prevail against me; come thou therefore to my succour.’

“So we opened the gates of Heaven with water which fell in torrents,

“And we caused the earth to break forth with springs, and their waters met by settled decree.

“And we bare him on a vessel made with planks and nails.

“Under our eyes it floated on: a recompense to him who had been rejected with unbelief.

“And we left it a sign: but, is there any one who receives the warning?

“And how great was my vengeance and my menace!”

Sūrah xi. 38:—

“And it was revealed unto Noah: ‘Verily, none of thy people shall believe, save they who have believed already; therefore be not thou grieved at their doings.

“‘But build the Ark under our eye and after our revelation: and plead not with me for the evil-doers, for they are to be drowned.’

“So he built the Ark; and whenever the chiefs of his people passed by they laughed him to scorn: said he, ‘Though ye laugh at us, we truly shall laugh at you, even as ye laugh at us; and in the end ye shall know

“‘On whom a punishment shall come that shall shame him; and on whom shall light a lasting punishment.’

“Thus was it until our sentence came to pass, and the earth’s surface boiled up. We said, ‘Carry into it one pair of every kind, and thy family, except him on whom sentence hath before been passed, and those who have believed.’ But they believed not with him except a few.

“And he said, ‘Embark ye therein. In the name of God be its course and its riding at anchor! Truly my Lord is right Gracious, Merciful.’

“And the Ark moved on with them amid waves like mountains: and Noah called to his son—for he was apart—‘Embark with us, O my child! and be not with the unbelievers.’

“He said, ‘I will betake me to a mountain that shall secure me from the water.’ He said, ‘None shall be secure this day from the decree of God, save him on whom He shall have mercy.’ And a wave passed between them, and he was among the drowned.

“And it was said, ‘O Earth! swallow up thy water’; and ‘cease, O Heaven!’ And the water abated, and the decree was fulfilled, and the Ark rested upon al-Jūdī; and it was said, ‘Avaunt! ye tribe of the wicked!’

“And Noah called on his Lord and said, ‘O Lord! verily my son is of my family: and thy promise is true, and thou art the most just of judges.’

“He said, ‘O Noah! verily, he is not of thy family: in this thou actest not aright. Ask not of me that whereof thou knowest nought: I warn thee that thou become not of the ignorant.’

“He said, ‘To thee verily, O my Lord, do I repair lest I ask that of thee wherein I have no knowledge: unless thou forgive me and be merciful to me I shall be one of the lost.’

“It was said to him, ‘O Noah! debark with peace from Us, and with blessings on thee and on peoples from those who are with thee; but as for part, we will suffer them to enjoy themselves, but afterwards they shall suffer a grievous punishment from us to be inflicted.’

“This is a secret history which we reveal to thee. Thou didst not know them, thou nor thy people before this.”

DEMONS. [DEVILS, GENII.]

DEPORTMENT. Arabic ʿilmu ʾl-muʿāsharah (علم المعاشرة‎). Persian nishast u barkhāst. The Traditionists take some pains to explain the precise manner in which their Prophet walked, sat, slept, and rose, but their accounts are not always uniform and consistent. For example, whilst ʿAbbād relates that he saw the Prophet sleeping on his back with one leg over the other, Jābir says the Prophet distinctly forbade it.

Modesty of deportment is enjoined in the Qurʾān, Sūrah xvii. 39: “Walk not proudly on the earth,” which the commentators say means that the believer is not to toss his head or his arms as he walks. Sūrah xxv. 64: “The servants of the Merciful One are those who walk upon the earth lowly, and when the ignorant address them say, ‘Peace!’”

Faqīr Jānī Muḥammad Asʿad, the author of the celebrated ethical work, the Ak͟hlāq-i-Jalālī, gives the following advice as regards general deportment:—

“He should not hurry as he walks, for that is a sign of levity; neither should he be unreasonably tardy, for that is a token of dulness. Let him neither stalk like the overbearing, nor agitate himself in the way of women and eunuchs; but constantly observe the middle course. Let him avoid going often backwards and forwards, for that betokens bewilderment; and holding his head downwards, for that indicates a mind overcome by sorrow and anxiety. In riding, no less, the same medium is to be observed. When he sits, let him not extend his feet, nor put one upon another. He must never kneel except in deference to his king, his preceptor, and his father, or other such person. Let him not rest his head on his knee or his hand, for that is a mark of dejection and indolence. Neither let him hold his neck awry, nor indulge in foolish tricks, such as playing with his fingers or other joints. Let him avoid twisting round or stretching himself. In spitting and blowing his nose, let him be careful that no one sees or hears him; that he blow it not towards the Qiblah, nor upon his hand, his skirt, or sleeve-lappet.

“When he enters an assembly, let him sit neither lower nor higher than his proper station. If he be himself the head of the party, he can sit as he likes, for his place must be the highest wherever it may be. If he has inadvertently taken a wrong place, let him exchange it for his own as soon as he discovers his mistake; should his own be occupied, he must return without disturbing others or annoying himself.

“In the presence of his male or female domestics, let him never bare anything but his hands and his face: the parts from his knee to his navel let him never expose at all; neither in public nor private, except on occasions of necessity for ablution and the like. (Vide Gen. ix. 20; Lev. xvii. 6, xx. 11; Deut. xxii. 30.)

“He must not sleep in the presence of other persons, or lie on his back, particularly as the habit of snoring is thereby encouraged.

“Should sleep overpower him in the midst of a party, let him get up, if possible, or else dispel the drowsiness by relating some story, entering on some debate, and the like. But if he is with a set of persons who sleep themselves, let him either bear them company or leave them.

“The upshot of the whole is this: Let him so behave as not to incommode or disgust others; and should any of these observances appear troublesome, let him reflect, that to be formed to their contraries would be still more odious and still more unpleasant than any pains which their acquirement may cost him.” (Ak͟hlāq-i-Jalālī, Thompson’s Translation, p. 292.)

DEPOSIT (Arabic wadīʿah وديعة‎, pl. wadāiʿ), in the language of the law, signifies a thing entrusted to the care of another. The proprietor of the thing is called mūdiʿ, or depositor; the person entrusted with it is mūdaʿ, or trustee, and the property deposited is wadīʿah, which literally means the leaving of a thing with another.

According to the Hidāyah, the following are the rules of Islām regarding deposits.

A trustee is not responsible for deposit unless he transgress with respect to it. If therefore it be lost whilst it is in his care, and the loss has not been occasioned by any fault of his, the trustee has not to make good the loss, because the Prophet said, “an honest trustee is not responsible.”

A trustee may also keep the deposit himself or he may entrust it to another, provided the person is a member of his own family, but if he gives it to a stranger he renders himself responsible.

If the deposit is demanded by the depositor, and the trustee neglects to give it up, it is a transgression, and the trustee becomes responsible.

If the trustee mix the deposit (as of grain, oil, &c.) with his own property, in such a manner that the property cannot be separated, the depositor can claim to share equally in the whole property. But if the mixture be the result of accident, the proprietor becomes a proportionate sharer in the whole.

If the trustee deny the deposit upon demand, he is responsible in case of the loss of it. But not if the denial be made to a stranger, because (says Abū Yūsuf) the denial may be made for the sake of preserving it.

In the case of a deposit by two persons, the trustee cannot deliver to either his share, except it be in the presence of the other. And when two persons receive a divisible article in trust, each must keep one half, although these restrictions are not regarded when they are held to be inconvenient, or contrary to custom.

DEVIL, The. The devil is believed to be descended from Jānn, the progenitor of the evil genii. He is said to have been named ʿAzazīl, and to have possessed authority over the animal and spirit kingdom. But when God created Adam, the devil refused to prostrate before him, and he was therefore expelled from Eden. The sentence of death was then pronounced upon Satan; but upon seeking a respite, he obtained it until the Day of Judgment, when he will be destroyed. (Vide Qurʾān, Sūrah vii. 13.) According to the Qurʾān, the devil was created of fire, whilst Adam was created of clay. There are two words used in the Qurʾān to denote this great spirit of evil: (1) Shait̤ān (شيطان‎, ‏שָׂטָן‎), an Arabic word derived from shat̤n, “opposition,” i.e. “one who opposes;” (2) Iblīs (ابليس‎, διάβολος), “devil,” from balas, “a wicked or profligate person,” i.e. “the wicked one.” The former expression occurs in the Qurʾān fifty-two times, and the latter only nine, whilst in some verses (e.g. Sūrah ii. 32–34) the two words Shait̤ān and Iblīs occur for the same personality. According to the Majmaʿu ʾl-Biḥār, shait̤ān denotes one who is far from the truth, and iblīs one who is without hope.

The following is the teaching of Muḥammad in the Traditions concerning the machinations of the devil (Mishkāt, book i. c. iii.):—

“ ‘Verily, the devil enters into man as the blood into his body.

“ ‘There is not one amongst you but has an angel and a devil appointed over him.’ The Companions said, ‘Do you include yourself in this?’ He said, ‘Yes, for me also; but God has given me victory over the devil, and he does not direct me except in what is good.’

“There is not one of the children of Adam, except Mary and her son (Jesus), but is touched by the devil at the time of its birth, hence the child makes a loud noise from the touch.

“Devil rests his throne upon the waters, and sends his armies to excite contention and strife amongst mankind; and those in his armies who are nearest to him in power and rank, are those who do the most mischief. One of them returns to the devil and says, ‘I have done so and so,’ and he says, ‘You have done nothing’; after that another comes, and says, ‘I did not quit him till I made a division between him and his wife’; then the devil appoints him a place near himself, and says, ‘You are a good assistant.’

“The devil sticks close to the sons of Adam, and an angel also; the business of the devil is to do evil, and that of the angel to teach him the truth; and he who meets with truth and goodness in his mind, let him know it proceeds from God, and let him praise God; and he who finds the other, let him seek for an asylum from the devil in God.

“Then the Prophet read this verse of the Qurʾān: ‘The devil threatens you with poverty if ye bestow in charity; and orders you to pursue avarice; but God promises you grace and abundance from charity.’

“ʿUs̤mān said, ‘O Prophet of God! indeed the devil intrudes himself between me and my prayers, and my reading perplexes me.’ Then the Prophet said, ‘This is a demon called K͟hanzab, who casts doubt into prayer: when you are aware of it, take protection with God, and spit over your left arm three times.’ ʿUs̤mān said, ‘Be it so’; and all doubt and perplexity was dispelled.”

DEVIL, The Machinations of the. [WASWASAH.]

DIBĀG͟HAH (دباغة‎). “Tanning.” According to the Traditions, the skins of animals are unclean until they are tanned. Muḥammad said, “Take nothing for any animals that shall have died until you tan their skins.” And again, “Tanning purifies.” (Mishkāt, book iii. c. xi. 2.)

DIMASHQ (دمشق‎). [DAMASCUS.]

DĪN (دين‎). The Arabic word for “religion.” It is used especially for the religion of the Prophets and their inspired books, but it is also used for idolatrous religion. [RELIGION.]

DĪNĀR (دينار‎). Greek δηνάριον. A gold coin of one mis̤qāl weight, or ninety-six barley grains, worth about ten shillings. According to Mr. Hussey (Ancient Weights, p. 142), the average weight of the Roman denarii, at the end of the Commonwealth was sixty grains, whilst the English shilling contains eighty grains. Mr. Lane, in his Arabic dictionary, says, “its weight is seventy-one barley-corns and a half, nearly, reckoning the dāniq as eight grains of wheat and two-fifths; but if it be said that the dāniq is eight grains of wheat, then the dīnār is sixty-eight grains of wheat and four-sevenths. It is the same as the mis̤qāl.” The dīnār is only mentioned once in the Qurʾān, Sūrah ii. 66: “And some of them if thou entrust them with a dīnār, he will not give it back.” It frequently occurs in books of law.

A GOLD DINAR OF HERACLIUS, A.D. 621. WEIGHT SIXTY GRAINS. ACTUAL SIZE.

A GOLD DINAR OF THE CITY OF GHAZNI, A.H. 616. ACTUAL SIZE.

DIRHAM (درهم‎). Greek δραχμή. A silver coin, the shape of which resembled that of a date stone. During the caliphate of ʿUmar, it was changed into a circular form; and in the time of Zubair, it was impressed with the words Allāh, “God,” barakah, “blessing.” Ḥajjāj stamped upon it the chapter of the Qurʾān called Ik͟hlāṣ (cxii.), and others say he imprinted it with his own name. Various accounts are given of their weights; some saying that they were of ten, or nine, or six, or five mis̤qāls; whilst others give the weights of twenty, twelve, and ten qīrāt̤s, asserting at the same time that ʿUmar had taken a dirham of each kind, and formed a coin of fourteen qīrāt̤s, being the third part of the aggregate sum. (Blochmann’s Aīn-i-Akbari, p. 36.)

The dirham, although it is frequently mentioned in books of law, only occurs once in the Qurʾān, Sūrah xii. 20, “And they sold him (Joseph) for a mean price, dirhams counted out, and they parted with him cheaply.”

DIRRAH (درة‎). Vulg. durrah. A scourge made either of a flat piece of leather or of twisted thongs, and used by the public censor of morals and religion, called the muḥtasib. This scourge is inflicted either for the omission of the daily prayer, or for the committal of sins, which are punishable by the law with the infliction of stripes, such as fornication, scandal, and drunkenness. It is related that the K͟halīfah ʿUmar punished his son with the dirrah for drunkenness, and that he died from its effects. (Tarikh-i-K͟hamīs, vol. ii. p. 252.)

The word used in the Qurʾān and Ḥadīs̤ for this scourge is jaldah, and in theological works, saut̤; but dirrah is now the word generally used amongst modern Muslims.

A DIRRAH USED BY A MUHTASIB IN THE PESHAWAR VALLEY.

DITCH, Battle of the. Arabic G͟hazwatu ʾl-K͟handaq (غزوة الخندق‎). The defence of al-Madīnah against the Banū Quraiz̤ah, A.H. 5, when a trench was dug by the advice of Salmān, and the army of al-Madīnah was posted within it. After a month’s siege, the enemy retired, and the almost bloodless victory is ascribed by Muḥammad in the Qurʾān to the interposition of Providence. Sūrah xxxiii. 9: “Remember God’s favours to you when hosts came to you and we sent against them a wind and hosts (of angels), that ye could not see, but God knew what ye were doing.” (Muir’s Life of Mahomet, vol. iii. p. 258.)

DIVINATION. Kahānah, or foretelling future events, is unlawful in Islām.

Muʿāwiyah ibn Ḥākim relates: “I said to the Prophet, ‘O Messenger of God, we used to do some things in the time of ignorance of which we are not sure now. For example, we used to consult diviners about future events?’ The Prophet said, ‘Now that you have embraced Islām you must not consult them.’ Then I said, ‘And we used to take bad omens?’ The Prophet said, ‘If from a bad omen you are thrown into perplexity, let it not hinder you from doing the work you had intended to do.’ Then I said, ‘And we used to draw lines on the ground?’ And the Prophet said, ‘There was one of the Prophets who used to draw lines on the ground, therefore if you can draw a line like him it is good, otherwise it is vain.’ ”

ʿĀyishah says, “the people asked the Prophet about diviners, whether they spoke true or not. And he said, ‘You must not believe anything they say.’ The people then said, ‘But, O Prophet! they sometimes tell what is true?’ The Prophet replied, ‘Because one of the genii steals away the truth and carries it into the diviner’s ear; and the diviners mix a hundred lies to one truth.’ ” [MAGIC.]

DIVORCE. Arabic t̤alāq (طلاق‎). In its primitive sense the word t̤alāq means dismission, but in law it signifies a release from the marriage tie.

The Muḥammadan law of divorce is founded upon express injunctions contained in the Qurʾān, as well as in the Traditions, and its rules occupy a very large section in all Muḥammadan works on jurisprudence.

I. The teaching of the Qurʾān on the subject is as follows:—

Sūrah ii. 226:—

“They who intend to abstain from their wives shall wait four months; but if they go back from their purpose, then verily God is Gracious, Merciful:

“And if they resolve on a divorce, then verily God is He who Heareth, Knoweth.

“The divorced shall wait the result, until they have had their courses thrice, nor ought they to conceal what God hath created in their wombs, if they believe in God and the last day; and it will be more just in their husbands to bring them back when in this state, if they desire what is right. And it is for the women to act as they (the husbands) act by them, in all fairness; but the men are a step above them. God is Mighty, Wise.

“Ye may give sentence of divorce to your wives twice: Keep them honourably, or put them away with kindness. But it is not allowed you to appropriate to yourselves aught of what ye have given to them, unless both fear that they cannot keep within the bounds set up by God. And if ye fear that they cannot observe the ordinances of God, no blame shall attach to either of you for what the wife shall herself give for her redemption. These are the bounds of God: therefore overstep them not; for whoever oversteppeth the bounds of God, they are evil doers.

“But if the husband give sentence of divorce to her a third time, it is not lawful for him to take her again, until she shall have married another husband; and if he also divorce her then shall no blame attach to them if they return to each other, thinking that they can keep within the bounds fixed by God. And these are the bounds of God; He maketh them clear to those who have knowledge.

“But when ye divorce women, and the time for sending them away is come, either retain them with generosity, or put them away with generosity: but retain them not by constraint so as to be unjust towards them. He who doth so, doth in fact injure himself. And make not the signs of God a jest; but remember God’s favour towards you, and the Book and the Wisdom which He hath sent down to you for your warning, and fear God, and know that God’s knowledge embraceth everything.

“And when ye divorce your wives, and they have waited the prescribed time, hinder them not from marrying the husbands when they have agreed among themselves in an honourable way. This warning is for him among you who believeth in God and in the last day. This is most pure for you, and most decent. God knoweth, but ye know not.

“Mothers, when divorced, shall give suck to their children two full years, if the father desire that the suckling be completed; and such maintenance and clothing as is fair for them, shall devolve on the father. No person shall be charged beyond his means. A mother shall not be pressed unfairly for her child, nor a father for his child: And the same with the father’s heir. But if they choose to wean the child by consent and by bargain, it shall be no fault in them. And if ye choose to have a nurse for your children, it shall be no fault in you, in case ye pay what ye promised her according to that which is fair. Fear God, and know that God seeth what ye do.

“It shall be no crime in you if ye divorce your wives so long as ye have not consummated the marriage, nor settled any dowry on them. And provide what is needful for them—he who is in ample circumstances according to his means, and he who is straitened, according to his means—with fairness: This is binding on those who do what is right.

“But if ye divorce them before consummation, and have already settled a dowry on them, ye shall give them half of what ye have settled, unless they make a release, or he make a release in whose hand is the marriage tie. But if ye make a release, it will be nearer to piety.”

Sūrah lxv. 1:—

“O Prophet! when ye divorce women, divorce them at their special times. And reckon those times exactly, and fear God your Lord. Put them not forth from their houses, nor allow them to depart, unless they have committed a proven adultery. This is the precept of God; and whoso transgresseth the precept of God, assuredly imperilleth his own self. Thou knowest not whether, after this, God may not cause something new to occur which may bring you together again.

“And when they have reached their set time, then either keep them with kindness, or in kindness part from them. And take upright witnesses from among you, and bear witness as unto God. This is a caution for him who believeth in God and in the latter day. And whoso feareth God, to him will He grant a prosperous issue, and will provide for him whence he reckoned not upon it.

“And for him who putteth his trust in Him will God be all-sufficient. God truly will attain his purpose. For everything hath God assigned a period.

“As to such of your wives as have no hope of the recurrence of their times, if ye have doubts in regard to them, then reckon three months, and let the same be the term of those who have not yet had them. And as to those who are with child, their period shall be until they are delivered of their burden. God will make His command easy to Him who feareth Him.

* * *

“Lodge the divorced wherever ye lodge, according to your means; and distress them not by putting them to straits. And if they are pregnant, then be at charges for them till they are delivered of their burden; and if they suckle your children, then pay them their hire and consult among yourselves, and act generously: And if herein ye meet with obstacles, then let another female suckle for him.”

II. The teaching of Muḥammad on the general subject of Divorce is expressed in the Traditions as follows:—

“The thing which is lawful but disliked by God is divorce.”

“The woman who asks her husband to divorce her without a cause, the smell of Paradise is forbidden her.”

“There are three things which, whether done in joke or in earnest, shall be considered serious and effectual, namely, marriage, divorce, and taking a wife back.”

“Every divorce is lawful except a mad-man’s.”

“Cursed be the second husband who makes the wife (divorced) lawful for her first husband, and cursed be the first husband for whom she is made lawful.”—(Mishkāt, xiii. c. xv.)

III. Sunnī Muḥammadan Doctors are not agreed as to the Moral Status of Divorce.

The Imām ash-Shāfiʿī, referring to the three kinds of divorce (which will be afterwards explained), says: “They are unexceptionable and legal because divorce is in itself a lawful act, whence it is that certain laws have been instituted respecting it; and this legality prevents any idea of danger being annexed to it.” But, on the other hand, the Imām Abū Ḥanīfah and his disciples say that divorce is in itself a dangerous and disapproved procedure, as it dissolves marriage, an institution which involves many circumstances both of a spiritual as well as of a temporal nature. Nor is its propriety at all admitted, but on the ground of urgency of release from an unsuitable wife. And in reply to ash-Shāfiʿī, they say that the legality of divorce does not prevent its being considered dangerous, because it involves matters of both a spiritual and temporal character.

The author of the Sharḥu ʾl-Wiqāyah, p. 108, says:—“Divorce is an abominable transaction in the sight of God, therefore such an act should only take place from necessity, and it is best to only make the one sentence of divorce” (i.e. t̤alāqu ʾl-aḥsan).

IV. The Sunnī Law of Divorce:—Divorce may be given either in the present time or may be referred to some future period. It may be pronounced by the husband either before or after the consummation of the marriage. It may be either given in writing or verbally.

The words by which divorce can be given are of two kinds:—Ṣarīḥ, or “express,” as when the husband says, “Thou art divorced”; and kināyah, or “metaphorical,” as when he says, “Thou art free; thou art cut off; veil yourself! Arise! seek for a mate,” &c. &c.

Divorce is divided into t̤alāqu ʾs-sunnah, or that which is according to the Qurʾān and the Traditions, and t̤alāqu ʾl-badiʿ, or a novel or heterodox divorce, which, although it is considered lawful, is not considered religious.

T̤alāqu ʾs-sunnah is either the aḥsan, or “the most laudable,” or ḥasan, the “laudable” method. T̤alāqu ʾl-aḥsan, or the “most laudable” method of divorce, is when the husband once expressly pronounces to his enjoyed but un-pregnant wife the sentence, “Thou art divorced!” when she is in t̤uhr or a state of purity, during which he has had no carnal connection with her, and then leaves her to complete the prescribed ʿiddah, or “period of three months.” Until the expiration of the ʿiddah, the divorce is revocable, but after the period is complete, it is irreversible, and if the husband wishes to take his wife back, they must go through the ceremony of marriage. But it must be observed that after the t̤alāqu ʾl-aḥsan, the woman is not, as in the other kinds of divorce, compelled to marry another man, and be divorced before she can return to her former husband. All that is required is a re-marriage. The author of the Hidāyah says this mode of divorce is called aḥsan, or “most laudable,” because it was usually adopted by the Companions of the Prophet, and also because it leaves it in the power of the husband to take his wife back, and she thus remains a lawful subject for re-marriage to him. Some European writers on Muḥammadanism have overlooked this fact in condemning the Muslim system of divorce.

The t̤alāqu ʾl-ḥasan, or “laudable divorce,” is when the husband repudiates an enjoyed wife by three sentences of divorce, either express or metaphorical, giving one sentence in each t̤uhr, or “period of purity.” Imām Mālik condemns this kind of divorce, and says it is irregular. But Abū Ḥanīfah holds it to be ḥasan, or “good.”

The t̤alāqu ʾl-badiʿ, or “irregular form of divorce,” is when the husband repudiates his wife by three sentences, either express or metaphorical, given them one at a time: “Thou art divorced! Thou art divorced! Thou art divorced!” Or, “Thou art free! Thou art free! Thou art free!” Even holding up three fingers, or dropping three stones, is held to be a sufficiently implied divorce to take legal effect. The Muslim who thus divorces his wife is held, in the Hidāyah, to be an offender against the law, but the divorce, however irregular, takes legal effect.

In both these kinds of divorce, badiʿ and ḥasan, the divorce is revocable (rajīʿ) after the first and second sentences, but it is irrevocable (bāʾin) after the third sentence. After both ḥasan and badiʿ divorces, the divorced wife cannot, under any circumstances, return to her husband until she has been married, and enjoyed, and divorced by another husband. Muḥammadan doctors say the law has instituted this (somewhat disgraceful) arrangement in order to prevent divorces other than t̤alāqu ʾl-aḥsan.

A husband may divorce his wife without any misbehaviour on her part, or without assigning any cause. The divorce of every husband is effective if he be of a sound understanding and of mature age; but that of a boy, or a lunatic, or one talking in his sleep, is not effective.

If a man pronounce a divorce whilst in a state of inebriety from drinking fermented liquor, such as wine, the divorce takes place. Repudiation by any husband who is sane and adult, is effective, whether he be free or a slave, willing, or acting under compulsion; and even though it were uttered in sport or jest, or by a mere slip of the tongue, instead of some other word. (Fatāwā-i-ʿĀlamgīrī, vol. i. p. 497.)

A sick man may divorce his wife, even though he be on his death-bed.

An agent or agents may be appointed by a husband to divorce his wife.

In addition to the will and caprice of the husband, there are also certain conditions which require a divorce.

The following are causes for divorce, but generally require to be ratified by a decree from the Qāẓī or “judge”:—

(1.) Jubb. That is, when the husband has been by any cause deprived of his organ of generation. This condition is called majbūb. In this case the wife can obtain instant divorce if the defect occurred before marriage. Cases of evident madness and leprosy are treated in the same way. Divorce can be obtained at once.

(2.) ʿUnnah, or “impotence.” (This includes ratq, “vulva impervia cœunti”; and qarn, “vulva anteriore parte enascens.”) In cases of impotency in either husband or wife, a year of probation can be granted by the judge.

(3.) Inequality of race or tribe. A woman cannot be compelled to marry a man who belongs to an inferior tribe, and, in case of such a marriage, the elders of the superior tribe can demand a divorce; but if the divorce is not demanded, the marriage contract remains.

(4.) Insufficient dower. If the stipulated dowry is not given when demanded, divorce takes place.

(5.) Refusal of Islām. If one of the parties embrace Islām, the judge must offer it to the other three distinct times, and if he or she refuse to embrace the faith, divorce takes place.

(6.) Laʿn, or “imprecation.” That is, when a husband charges his wife with adultery, the charge is investigated, but if there is no proof, and the man swears his wife is guilty, and the wife swears she is innocent, a divorce must be decreed.

(7.) Īlāʾ, or “vow.” When a husband makes a vow not to have carnal intercourse with his wife for no less than four months, and keeps the vow inviolate, an irreversible divorce takes place.

(8.) Reason of property. If a husband become the proprietor of his wife (a slave), or the wife the proprietor of her husband (a slave), divorce takes place.

(9.) An invalid marriage of any kind, arising from incomplete nikāḥ, or “marriage ceremony,” or from affinity, or from consanguinity.

(10.) Difference of country. For example, if a husband flee from a dāru ʾl-ḥarb, or “land of enmity,” i.e. “a non-Muslim country,” to a dāru ʾl-Islām, or “country of Islām,” and his wife refuse to perform hijrah (flight) and to accompany him, she is divorced.

(11.) Apostasy from Islām. The author of the Raddu ʾl-Muk͟htār (vol. ii. p. 643) says: “When a man or woman apostatises from Islām, then an immediate dissolution (fask͟h) of the marriage takes place, whether the apostasy be of the man or of the woman, without a decree from the Qāẓī.” And again, (p. 645), “If both husband and wife apostatise at the same time, their marriage bond remains; and if at any future time the parties again return to Islām, no re-marriage is necessary to constitute them man and wife; but if one of the parties should apostatise before the other, a dissolution of the marriage takes place ipso facto.”

Mr. J. B. S. Boyle, of Lahore, says: “As relevant to this subject, I give a quotation from Mr. Currie’s excellent work on the Indian Criminal Codes, p. 445. The question is as to the effect of apostasy from Islām upon the marriage relation, and whether sexual intercourse with the apostate renders a person liable to be convicted for adultery under Section 497 of the Indian Penal Code. A. and B., Mahommedans, married under the Mahommedan law, are converted to Christianity. The wife, B., is first converted, but continues to live with her husband; subsequently the husband, A., is converted. Subsequent to the conversion of B., A. and B., still living together as husband and wife, both professing Christianity, B. has sexual intercourse with C. Will a conviction hold against C. under Section 497? Both Macnaghten and Baillie say the marriage becomes dissolved by apostasy of either party, and Grady, in his version of Hamilton’s Hidāyah, p. 66, says: “If either husband or wife apostatize from the faith, a separation takes place, without divorce, according to Abū Haneefa and Abū Yoosuf. Imām Mahommed alleges if the apostasy is on the part of the husband.

“Apostasy annuls marriage in Haneefa’s opinion, and in apostasy separation takes place without any decree of the magistrate. Cases which might decide this point have been lately tried both at Lucknow and Allahabad: at the former place in re Afzul Hosein v. Hadee Begum, and at the latter Zuburdust Khan v. Wife. But from certain remarks to be found in the judgment of the High Court, N. W. P., the Courts of Oudh and N. W. P., appear to differ on the most essential point. The point before the Oudh Court was (Hadee Begum’s plea) that her marriage contract was dissolved by reason of her own apostasy, a sufficient answer to a suit brought by her Mahommedan husband for restitution of conjugal rights; i.e. Does the apostasy of a Mahommedan wife dissolve a marriage contract against the express wish of a Mahommedan husband in dar-ool-harb (land of war)? for India, it is contended, is not, under its present administration, dar-ool-Islam (land of safety). The Oudh Court held (admitting that apostasy by the husband dissolved the marriage and freed the wife) that apostasy by the wife did not free her if her husband sued for restitution of conjugal rights. They argued that apostasy by the wife, without the wish of the husband, could not be entertained; in fact, that as regards her husband’s volition, the apostasy could not exist, and would not be recognised. That a suit for restitution of conjugal rights before the competent court of the time, seemed to them to be equivalent of the suit before the Cazee (Judge). The Oudh judges, in the absence of distinct precedent, say they fell back on the customs of the people amongst whom they lived. The Oudh Court evidently considered there was an essential difference between apostasy of a man and apostasy of a woman, of the husband or the wife; also between apostasy to a faith in a book and apostasy to the idol worship Mahommed and his followers renounce. Does such an essential difference exist? The point before the High Court N. W. P. was: Can a Mahommedan professing Christianity subsequent to his marriage with a Mussulmani, according to the Mahommedan law, obtain a decree for dissolution of that marriage under Act IV. of 1869, his wife having subsequently to him professed Christianity, and they under their new faith having lived together as man and wife? or whether the wife’s contention is sound, that her marriage was cancelled by her husband’s apostasy? They held the apostasy of the husband dissolved the marriage tie. This the Oudh Court admits, but the point before the Oudh Court was not before the High Court, N. W. P.; nevertheless from comments made by the High Court, N. W. P., on the Oudh decision, they evidently did not agree with the finding come to by the latter Court, on the point before it.