New-York tribune., 1890-01-27

|
! TO the Judges in adapting these provisions TO the
gradual social notifications which have crept in.
| Tho third division relates to personal conduct,
and tbe fourth TO meats and drinks the chase.
local procedure and penalties. This portion of the
code bears strong resemblance TO the Mosaic laws.
! and hence il has been assumed that Mahommed
| borrowed largely from the Hebrew lawgiver.
Rpt this by no means follows. many Of these pro-
! visions being such would occur in primitive
society. especially if migratory and in a warm
| climate sanitary regulations being enforced under
the guise of religious ordinances, and
pcnalties being such as could be most
naturally carried out by community
dwelling in tents Almost the entire history Of
the East shows that from early periods such laws
have regulated the preservation Of civil and
social order
The lex talions, punishment in kind. an
eye for an eye. a tooth for tooth, would he
more readily enforced in the case Of assault
mayhem. murder or theft than by executing
thc offender when community is too small 10
bear reduction or too migratory TO have prisons.
| Thus. while tooth is still the price of a tooth
in Persia yet it is allowable TO assess the value
Of the tooth in money and pay the money down
instead
PECULIAR LAWS FOR MURDER
Murder may also he condoncd in the same
way. provided the kin Of the victim arc willing
to accept a good round sum in preference TO the
life of the murderer But exception is made
in the case Of deliberate and peculiarly attrocions
homicides The worst feature Of the Persian
| law concerning murder is that which permits
the family OF the slain to act eXecutioners ana
! in such manner they choose: II tends 10
! brutalize society and the disposition is now 50
strong against it that it is falling into disuse
Punishment follows swiftly after judgment; but
this is sometimes more mercy than the long
lingering suspense Of our procedure. The
methods Of execution were formerly barharous
| in the extreme But this also the case III
| Europe not 50 long ago The wheel, the stake,
the press the pncers, were still used by Christian
nations in the last century, and children and
women have been hanged there for stealing a
handkerchief in this century. Torture IS rarely
| if ever practised now in Persia, the most common
mode Of execution being to cut the throat pro
ducng instan, death The kindly disposition OF
the Shah is also such to lead TO ccmcncy in
the practice of the criminal law
The Shah and the governors Of provinces have
| the authority 10 override the laws in extreme
cases For example. a murderer may I've brought
| and tried directly before them without the usual
process Of law. and q mandate of execution may
issue forthwith. As society has been thus Tar
constituted III Persia, there is no doubt that such
a course is sometimes necessary in order TO pre-
serve order and create proper respect lot au-
,boritv But the necessity for such cXt7tmc
measures is gradually passing away, and il m'N
he properly inferred that this is one of the pre-
rocatives which the shah proposes 10 abandon
when he adopts the new lea system he pro
poses.
HOW PERSIAN SHOULD OFFER PRAYERS.
The portion Of the Shalr relating 10 religious
ordinances is most extraordinary, curious iar'
being that its provisions continue IN actual
practice. Such, for example is the law Whicn
reads that CO. II is forbidden any man 10 say hiS
praycrs in the presence Of any woman who, either
AT his SIDE or before him. is also praying, whether
Drnyine together with him or alone and without
regard - the character OF the woman, whether
She be wife or within the forbidden degree. or
a stranger But The intcrdiction ceases If ther"
be a curtain between TWO individuals Of opposite
sex. OF some object which prevents him from
seeing her or a distance Of al least twelve feet,
or finally if the woman is behind tie man an
such "a distance that IN prostraung herself Size
cannot touch his feet If the space Is insufficient
10 suspend curtain observe the lc-al distance,
the mau and The woman shall say their prayers
cousccutively"
one should avoid prayers before an open fire
tprobably An allusion 10 tie hTc-worshippcrs. Of
whom very few remain IN Persia. before the
representation Of animate objects, or In stable
Of horses. mule, OF ssNc,; but one may pray IN
a shccptoldu.
~Whosoc>cr suffers from tight shoes should
take them Of before praying
If the audience assembled al prayer be com
po>eo entirely ol women. the PRAYERS may Dee
/ oucrcd ly "a woman OF by "a hcrmaphrodltc.
lie who cannot properly pronounce thr F""eia
shall not lead The public prayers .
This rule if applied IN our country WOMB hl'
some Of our rNaui~itc trcamchccscs rather nara.
In the matter Of contracts and sales, there are
some curious provisions Proof hN taste or smell
il INDISPENSABLE When the object OF sale Is "atablc
| or suIcllable. ,.
| is forbidden. 90
neither pre- ous stones nor pcars shall bc
| made tie objects Of sale specifying delivery
after given term because ol me ui''I I'm. m
| thar the SCI .er viii hc ln possession "i 'hcih al
/ the end of o fixed period. and because oi the
change, 10 which such objects are liable. oi reason
~ tLcir shaue and nature This provision might
also applv 10 short" sales IN our stock markets
SPORT, UNDER LEGAL CoNTEoL
The Shohr also lncludes copious laws on bank
ruptcy and mortgage. and makes suitahl" pro
vision for the rceuiation OF sports, thus showing
that there is 1othing new under the SIM. The
1loAaumcdon law says There IS no doubt that
the agreements growing out Of these exercises
are Of a iecal nature. the Prophet having de
carcd that sport is unlawful except with the DOW
and the avcln and the races of quadrut@dS "lth
horny an uuclovcp hoofs. The lmams have also
rcDca1cdly dccrccd that tie angels cAcciatc every
species Of betting, and curse those who are ad-
dctcd 10 tie prrcticc. with tie exception Of races
M. e. with guadruycdS having horny ana nm
cio,cn hoofs or trials with the bow and the
loyclin. ,:, :; d., - Til.
lorse il thc one which first reaches the goal
nassing the competitors by the neck and shoulders
Some iuri>co insults are Of the opinion Iha " Is
sufficient for the winner to pass the others hcah
lcnrth to the ioD Of the cars but the hrSt opinion
seems the more reasonable.
" l. il forbidden TO any one VINO has hcguh W
raninr and sMMnilmG ~ \