The Hedaya, or guide : a commentary on the Mussulman laws

Composed in the twelfth century by the leading Muslim jurist Burhan al-Din al-Marghinani (1135-97), the original Arabic al-Hidayah remains a central text of Islamic personal law. This English translation, from a Persian version of the work, was prepared by the orientalist Charles Hamilton (c.1752-92) for the East India Company in 1791. Although since superseded, it remains a fascinating document in the history of colonial jurisprudence. The legal system was central to the entrenchment of British rule in India, providing the framework for active control of civil administration and the courts. Translations of Islamic texts were intended to remove the language barrier for colonial officials, and blurred British and native law for the first time. Hamilton's text is one such, and its dedication to Warren Hastings and lengthy preliminary section outline its purpose and composition. Volume 1 contains sections on zakat (alms), marriage, fosterage, divorce, slavery, and vows.

Table of Contents

Dedication
Preliminary discourse by the translator
Introductory address
Part I. Of Zakat: 1. Introductory
2. Of zakat upon sawayeem
3. Of zakat from personal effects
4. Of the laws respecting those who come before the collector
5. Of mines and buried treasures
6. Of zakat upon the fruits of the earth
7. Of the disbursement of zakat
8. Of sadka fittir
Part II. Of Nikkah, or Marriage: 1. Introductory
2. Of guardianship and equality
3. Of the mihr or dower
4. Of the marriage of slaves
5. Of the marriage of infidels
6. Of kissm, or partition
Part III. Of Rizza, or Fosterage
Part IV. Of Talak, or Divorce: 1. Of the talak-al-sonna
2. Of the execution of divorce
3. Of delegation of divorce
4. Of divorce by yameen, or conditional vow
5. Of the divorce of the sick
6. Of rijaat, or returning of a divorced wife
7. Of aila
8. Of khoola
9. Of zihar
10. Of laan, or imprecation
11. Of impotence
12. Of the edit
13. Of the establishment of parentage
14. Of hizanit, or the care of infant children
15. Of nifka, or maintenance
Part V. Of Ittak, or the Manumission of Slaves: 1. Introductory
2. Of slaves, of whom a portion or member is emancipated
3. Of the emancipation of one of several slaves
4. Of manumission by hilf, or vow
5. Of manumission for a compensation
6. Of tadbeer, or post obit manumission
7. Of isteelad, or claim of offspring
Part VI. Of Eiman, or Vows: 1. Introductory
2. Of what constitutes an oath or vow
3. Of kafara, or expiation
4. Of vows with respect to entrance into, or residence in, a particular place
5. Of vows respecting various actions, etc.
6. Of vows with respect to eating or drinking
7. Of vows with respect to speaking or conversing
8. Of vows in manumission and divorce
9. Of vows in buying, selling, marriage, etc.
10. Of vows respecting pilgrimage, fasting, and prayer
11. Of vows respecting clothing and ornaments
12. Of vows concerning striking, killing, etc.
13. Of vows respecting the payment of money
14. Of miscellaneous cases.

Volume: v. 2 : pbk ISBN 9781108055369

Description

Composed in the twelfth century by the leading Muslim jurist Burhan al-Din al-Marghinani (1135-97), the original Arabic al-Hidayah remains a central text of Islamic personal law. This English translation, from a Persian version of the work, was prepared by the orientalist Charles Hamilton (c.1752-92) for the East India Company in 1791. Although since superseded, it remains a fascinating document in the history of colonial jurisprudence. The legal system was central to the entrenchment of British rule in India, providing the framework for active control of civil administration and the courts. Translations of Islamic texts were intended to remove the language barrier for colonial officials, and blurred British and native law for the first time. Volume 2 contains sections on punishments, larceny, the rules of war, foundlings, the absconding of slaves, missing persons, partnerships, sales, bail, the transfer of debts, the duties of judges, and evidence.

Table of Contents

Part VII. Of Hodood, or Punishments: 1. Of zinna, or whoredom
2. Of the carnal conjunction which occasions punishment
3. Of evidence to whoredom, and of retraction therefrom
4. Of hidd shirb, or the punishment for drinking wine
5. Of hidd kazaf, or the punishment for slander
6. Of tazeer, or chastizement
Part VIII. Of Saraka, or Larciny: 1. Introductory
2. Of thefts which occasion amputation, and of thefts which do not occasion it
3. Of hirz, or custody
4. Of the manner of cutting off the limb of a thief
5. Of the acts of a thief with respect to the property stolen
6. Of katta-al-tareek, or highway robbery
Part IX. Al Seyir, or the Institutes: 1. Introductory
2. Of the manner of waging war
3. Of making peace
4. Of plunder and the division thereof
5. Of the conquests of infidels
6. Of the laws concerning moostamins
7. Of tithe and tribute
8. Of jizyat, or capitation-tax
9. Of the laws concerning apostates
10. Of the laws concerning rebels
Part X. Of the Laws Respecting Lakeets, or Foundlings
Part XI. Of Looktas, or Troves
Part XII. Of Ibbak, or the Absconding of Slaves
Part XIII. Of Mafkoods, or Missing Persons
Part XIV. Of Shirkat, or Partnership
Part XV. Of Wakf, or Appropriations
Part XVI. Of Sale: 1. Introductory
2. Of optional conditions
3. Of option of inspection
4. Of option from defect
5. Of invalid, null, and abominable sales
6. Of akala, or the dissolution of sales
7. Of moorabihat and tawleeat
8. Of ribba, or usury
9. Of rights and appendages
10. Of claims of right
11. Of sillim sales
Part XVII. Of Sirf Sale
Part XVIII. Of Kafalit, or Bail: 1. Introductory
2. Of bail in which two are concerned
3. Of bail by freemen in behalf of slaves, and by slaves in behalf of freemen
Part XIX. Of Hawalit, or the Transfer of Debts
Part XX. Of the Duties of the Kazee: 1. Introductory
2. Of letters from one kazee to another
3. Of arbitration
4. Of the decrees of a kazee relative to inheritance
Part XXI. Of Shahadit, or Evidence: 1. Introductory
2. Of the acceptance and rejection of evidence
3. Of the disagreement of witnesses in their testimony
4. Of evidence relative to inheritance
5. Of attestation of evidence
Part XXII. Of Retractation of Evidence.

Volume: v. 3 : pbk ISBN 9781108055376

Description

Composed in the twelfth century by the leading Muslim jurist Burhan al-Din al-Marghinani (1135-97), the original Arabic al-Hidayah remains a central text of Islamic personal law. This English translation, from a Persian version of the work, was prepared by the orientalist Charles Hamilton (c.1752-92) for the East India Company in 1791. Although since superseded, it remains a fascinating document in the history of colonial jurisprudence. The legal system was central to the entrenchment of British rule in India, providing the framework for active control of civil administration and the courts. Translations of Islamic texts were intended to remove the language barrier for colonial officials, and blurred British and native law for the first time. Volume 3 contains sections on agency, claims, laws of business, deposits, loans, gifts, the hiring of slaves, freed slaves, and disputed land sales.

Table of Contents

Part XXIII. Of Agency: 1. Introductory
2. Of agency for purchase and sale
3. Of agents for litigation and for seizin
4. Of the dismission of agents
Part XXIV. Of Dawee, or Claims: 1. Introductory
2. Of oaths
3. Of tahalif
4. Of things claimed by two plaintiffs
5. Of claims of parentage
Part XXV. Of Ikrar, or Acknowledgments: 1. Introductory
2. Of exceptions
3. Of acknowledgments made by sick persons
Part XXVI. Of Soohl, or Compositions: 1. Introductory
2. Of gratuitous or voluntary compositions
3. Of compositions for debts
Part XXVII. Of Mozaribat: 1. Introductory
2. Of a manger entering into a contract with another
3. Of the dismission of a manager
4. Of such acts, as may be lawfully performed by a manager
5. Of disputes between the proprietor of the stock and the manager
Part XXVIII. Of Widda, or Deposits
Part XXIX. Of Areeat, or Loans
Part XXX. Of Hibba, or Gifts: 1. Introductory
2. Of retraction of gifts
Part XXXI. Of Ijara, or Hire: 1. Introductory
2. Of the time when the hire may be claimed
3. Of things the hire of which is unlawful
4. Of invalid hire
5. Of the responsibility of a hireling
6. Of hire on one of two conditions
7. Of the hire of slaves
8. Of disputes between the hirer and the hireling
9. On the dissolution of contracts of hire
Part XXXII. Of Mokatibs: 1. Introductory
2. Of invalid kitabat
3. Of acts unlawful to a mokatib
4. Of a person contracting a kitabat on behalf of a slave
5. Of the kitabat of partnership slaves
6. Of the death or insolvency of the mokatib
Part XXXIII. Of Willa
Part XXXIV. Of Ikrah, or Compulsion
Part XXXV. Of Hijr, or Inhibition: 1. Introductory
2. Of inhibition from weakness of mind
3. Of inhibition on account of debt
Part XXXVI. Of Mazoons, or Licenced Slaves
Part XXXVII. Of Ghazb, or Usurpation
Part XXXVIII. Of Shaffa: 1. Of persons to whom the right of shaffa appertains
2. Of claims to shaffa
3. Of the articles concerning which shaffa operates
4. Of circumstances which invalidate the rights of shaffa.

Volume: v. 4 : pbk ISBN 9781108055383

Description

Composed in the twelfth century by the leading Muslim jurist Burhan al-Din al-Marghinani (1135-97), the original Arabic al-Hidayah remains a central text of Islamic personal law. This English translation, from a Persian version of the work, was prepared by the orientalist Charles Hamilton (c.1752-92) for the East India Company in 1791. Although since superseded, it remains a fascinating document in the history of colonial jurisprudence. The legal system was central to the entrenchment of British rule in India, providing the framework for active control of civil administration and the courts. Translations of Islamic texts were intended to remove the language barrier for colonial officials, and blurred British and native law for the first time. Volume 4 contains sections on the partition of property, the eating of meat, sacrifice, abominations, the cultivation of wasteland, prohibited drinks, hunting, pawning, crimes against the person, fines, wills, and hermaphrodites.

Table of Contents

Part XXXIX. Of Kissmat, or Partition: 1. Introductory
2. Of things which are fit objects of partition
3. Of the modes of accomplishing partition
4. Of pleas in error in partition
5. Of the laws of Mahayat
Part XL. Of Mozarea, or Compacts of Cultivation
Part XLI. Of Mosakat, or Compacts of Gardening
Part XLII. Of Zabbah, or the Slaying of Animals for Food
Part XLIII. Of Uzheea, or Sacrifice
Part XLIV. Of Kiraheeat, or Abominations
Part XLV. Of the Cultivation of Waste Lands
Part XLVI. Of Prohibited Liquors
Part XLVII. Of Hunting
Part XLVIII. Of Rahn, or Pawns: 1. Introductory
2. Of things capable of being pawned
3. Of pledges placed in the hands of a trustee
4. Of the power over pawns
Part XLIX. Of Jamyat, or Offences Against the Person: 1. Introductory
2. Of what occasion retaliation
3. Of retaliation in matters short of life
4. Of evidence in cases of murder
5. Of the circumstances under which murder takes place
Part L. Of Deeyerat, or Fines: 1. Introductory
2. Of nuisances placed in the highway
3. Of offences committed by or upon animals
4. Of offences committed by or upon slaves
5. Of offences committed upon usurped slaves, or infants, during the usurpation
6. Of kissamit, or the administration of oaths
Part LI. Of Mawakil, or the Levying of Fines
Part LII. Of Wasaya, or Wills: 1. Of wills that are legal
2. Concerning the bequest of a third of the estate
3. Of emancipation upon a deathbed
4. Of wills in favour of kinsman and other connexions
5. Of usufructuary wills
6. Of wills made by zimmees
7. Of executors and their powers
8. Of evidence with respect to wills
Part LIII. Of Hermaphrodites
Chapter the last.

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The Hedaya, or guide : a commentary on the Mussulman laws

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