The Hedaya, or Guide
A Commentary on the Mussulman Laws

This 1791 four-volume English translation of a key text of Islamic law illuminates the East India Company's legal provision.

Charles Hamilton (Translated by), Burhan al-Din al-Marghinani (Author)

9781108055352, Cambridge University Press

Paperback / softback, published 28 February 2013

672 pages
29.7 x 21 x 3.4 cm, 1.59 kg

Composed in the twelfth century by the leading Muslim jurist Burhan al-Din al-Marghinani (1135–97), the original Arabic al-Hid?yah 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 Although since superseded, it remains a fascinating document in the history of colonial jurisprudence.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.

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.

Subject Areas: Asian history [HBJF]