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)

9781108055383, Cambridge University Press

Paperback / softback, published 28 February 2013

640 pages
29.7 x 21 x 3.3 cm, 1.51 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 Although since superseded, it remains a fascinating document in the history of colonial jurisprudence.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. 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.

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.

Subject Areas: Asian history [HBJF]