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" "The Imam, with respect to captives, has it in his choice to slay them because the Prophet put captives to death and also because slaying them terminates wickedness; or, if he choose, he may make them slaves, because by enslaving them the wickedness of them is remedied, and at the same time the Muslims reap an advantage; or, if he please, he may release them so as to make them freemen and Zimmis, according to what is recorded of Omar. … but it is not lawful so to release the idolaters of Arabia, or apostates… If captives become Muslims, let not the Imam put them to death; … but yet he may lawfully make them slaves, after their conversion…
Burhān al-Dīn Abu’l-Ḥasan ‘Alī bin Abī Bakr bin ‘Abd al-Jalīl al-Farghānī al-Marghīnānī (Arabic: برهان الدين المرغيناني) was an Islamic scholar of the school of jurisprudence. He was born in Marghinan near Farghana in 530/1135 (in present day ) He died in 593/1197.
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WHOREDOM and bastardy are defect with regard to a female slave, but not with regard to a male. because the object, in purchase of a female slave, is cohabitation and the generation of children, which must be affected by either of the above circumstances; whereas, the object in the purchase of a male slave is the use of his services, the value of which is not depreciated by his committing to whoredom.—IF, however, a male slave be much addicted to whoredom, our lawyers are of opinion that it is a defect, because in the pursuit of women he neglects the service of his master.
If a Mussulman woman become an apostate, she is not put to death, but imprisoned, until the return to the faith. Shafei maintains that she is to be put to death; because of the tradition before cited;—and also because, as men are put to death for apostacy solely for this reason, that it is a crime of great magnitude and therefore requires that its punishment be proportionably severe, (namely, death,) so the apostacy of a woman being likewise (like that of man) a crime of great magnitude, it follows that her punishment should be the same as the of a man. The arguments of our doctors upon this point are twofold.—FIRST, the prophet has forbidden the slaying of women, without making any distinction between those who are apostates, and those who are original infidels, SECONDLY, the original principle in the retribution of offences is to delay to a future state, (in other words, not to inflict punishment here, but to refer it to hereafter,) since it retribution were executed in this world, it would render defective in the state of trial. as men would avoid committing sin from apprehension of punishment, and therefore would be in the state of persons acting under compulsion, and not of free agents: but in the case of apostacy of men the punishment is not deferred to a future state, because it is indispensably requisite to repel their present wickedness, (namely, their becoming enemies to the faith,) wicch wickedness cannot be conceived of women, who are, by natural weakness of frame, in incapable thereof: contrary to men.—A female apostate, therefore, is the fame as an original female infidel; as the killing of the one is forbidden, so the killing of the other also. She is however to be imprisoned, until return to the faith; because, as she refuses the right of GOD after having acknowledged it, she must be compelled, by means of imprisonment, to render GOD his right, in the same manner as she would be imprisoned on account of the right of the individual. It is written in the Jama Sagbeer,—"A female apostate is to be compelled to return to the faith, whether she be free', or a slave.—The slave is to be compelled by her master:—she is to be compelled, for the reasons already recited; and this is compulsion is to be executed by her master, because in this regard is had to the right both of GOD and of the master. It is elsewhere mentioned that a female apostate must be daily beaten with severity until she return to the faith.
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It is the duty of every free Muslim arrived at the age of maturity to offer a sacrifice, on the ‘Idu’l-Azha’, or ‘Festival of the Sacrifice’, provided he be then possessed of a Nisab (i.e., sufficient property), and be not a traveller. This is the opinion of Abu Hanifah, Muhammad, Zufar, and Hasan, and likewise of Abu Yusuf, according to one tradition. According to ash-Shafi’i, sacrifice is not an indispensable duty, but only laudable. At-Tahawi reports that, in the opinion of Abu Hanifah, it is indispensable, whilst the disciples hold it to be in a strong degree laudable. The offering of a sacrifice is incumbent on a man on account of himself, and on account of his infant child. This is the opinion of Abu Hanifah in one tradition. In another he has said that it is not incumbent on a man to offer a sacrifice for his child...