The Hedaya, or guide : a commentary on the Mussulman laws
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Bibliographic Information
The Hedaya, or guide : a commentary on the Mussulman laws
（Cambridge library collection, . Perspectives from the royal asiatic society）
Cambridge University Press, 2013
- v. 1 : pbk
- v. 2 : pbk
- v. 3 : pbk
- v. 4 : pbk
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v. 1 : pbk00130074185,
v. 2 : pbk00130074193, v. 3 : pbk00130074209, v. 4 : pbk00130074217 -
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Note
Reprint. Originally published: London : Printed by T. Bensley, 1791
Description and Table of Contents
- Volume
-
v. 1 : pbk ISBN 9781108055352
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 Although since superseded, it remains a fascinating document in the history of colonial jurisprudence.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. 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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