Al-Shari’a (Sunni & Imamiyah Code) (Set of 2 Volumes)

About the Book

The book starts with a vivid introductory discourse on the origin of Muslim Law followed by a historical account of the great Prophet of Islam (peace be upon him), and traces the growth and development of the law and creation of the various sects through the ages. The principles for the most part have been derived from several Arabic books of paramount authority. Thus, for instance, the principles of the Law of Inheritance have been mainly drawn from the Sirajiyyah and Sharifiyah, the highest authority on the subject, and where they appeared deficient in any respect recourse was had to the Fatawa-i-Alamgiri, Durr-ul-Mukhtar and other works of unquestionable authority. The principles relating to other subjects have been principally deduced from the Hidayah, the Fatawa-i-Alamgiri, Sharhul Viqayah, Jamiur-Rumuz etc. Care has been taken to insert only such matter as is authentic and the principles, explanations and annotations are versions of passages from the Arabic books as translated by reputed translators. In short, divorced as it is from the case-law and interpretations made by modern writers, this compilation is a thesis on the bare Islamic law as it existed in its original form and as such a very useful guide for Research Scholar of Islamic Law, the Bench and the Bar.

Publisher’s Note

Muhammadan Law, technically speaking, means the personal relating to Muslims as enforced by the British Indian Courts thereafter on Independence of the sub-continent by the Courts Pakistan. The Shariat of Islam, in its details, is therefore distinable from the so-called Muhammadan Law. This book deals, not with the Muhammadan Law in the above-noted sense, but with the actual law as laid down by the Holy Qur'an and Sunnah, of course, as interpreted by the Imams and Muslim Doctors of acknowledged authority on the bases of ijma and qiyas, the well-known and established rules of interpretation of Muslim law.

The book starts with a vivid introductory discourse on the of Muslim Law followed by a historical account of the t Prophet of Islam (peace be upon him) and traces the with and development of the law and creation of the various sects through the ages. The principles for the most part have in derived from several Arabic books of paramount authority us, for instance, the principles of the Law of Inheritance have n mainly drawn from the Sirajiyyah and Sharifiyah, the highest authority on the subject, and where they appeared deficient any respect recourse was had to the Fatawa-i-Alamgiri, Dun-ul-Mukhtar and other works of unquestionable authority. The principles relating to other subjects have been principally deduced from the Hidayah, the Fatawa-i-Alamgiri, Sharhul Yiqayah, Jami-ur-Rumuz etc. Care has been taken to insert only such matter as is authentic and the principles, explanations and annotation are versions of passages from the Arabic books as translated by reputed translators. In short, divorced as it is from the cased interpretations made by modern writers, this compilation is is on the bare Islamic law as it existed in its original form and a very useful guide for Research Scholar of Islamic Law, eh and the Bar.

Preface

The principles of Muhammadan law contained in these pages constitute the Lectures delivered by me as” Tagore Professor of Law.” Such of them as are inculcated ill the first five Lectures, which are according to the Sunni School: have been drawn mainly from the Hidayah and Fatawa Alamgiri, and occasionally from the Sharh-ul-Vikayah, Durr ul-Mukhtar, and other works of unquestionable authority. Other passages, translated from the above-mentioned authorities, have been appended to almost all those principles with a view to explain and illustrate their meanings in the same manner as has been done in the volume of Lectures published for the last year. The rest of the Lectures is on the Muhammadan law according to the Imamiyalt School. These constitute the principles contained in page 176 et seq.

The above principles have been drawn or extracted mainly from the Sharaya ul-Islam, and occasionally from the Rouzat ul-Ahkam, Mafatih, Irshad and Tahrir ul-Ahkam,* books of paramount authority among the Immiyahs. To those principles have been appended other passages from the said authorities to illustrate their meanings. The Annotations are taken from books of great repute, and will serve as authorities or additional authorities (as the case may be) for the principles to which they refer. Again, all these different matters are 80 arranged and printed as to be easily distinguishable from one another and not to confuse the reader.* He may easily refer to them, in case he consider any of the principles not sufficient by itself, or require further authorities for the same.

Mindful of the justness of the Opinion expressed by the Commissioners appointed under the first Royal Commission issued for considering “the Reform of the Judicial Establishments, Judicial Procedure, and Laws of India” and conscious of such being the fact, I have inserted in the present work only such matters as are authentic. The principles, explanations, illustrations and annotations are, with rare exceptions, translations of passages from Arabic books-books which are of very high authority indeed as already noticed, and of which only the Sharaya ul-Islam, has been translated in part by Mr. Neil Baillie, and printed and published by him under the title” A Digest of Muhammndan Law, Part Second, containing the doctrines of the Imamiyah Code of Jurisprudence on the most important of the same subjects.”

Although the above translation is passed as an authority, and, as such, I ought to have used it wherever the Sharaya is cited, yet I have considered it better to adopt in some parts my own version of the same which I had made before Mr. Baillic's translation was published; so I am responsible for those of my versions which differ in any respect from Mr. Baillie's. I have, nevertheless, to offer my grateful thanks to that learned gentleman not only for the valuable aid I have received from his translation, but also for his having rendered the public a great service by translating almost the whole of the forensic part of the Sharaya ul-Islam, which (at least in India) is the most prevalent authority of the Imamiyah School.

On points difficult and doubtful, I have invariably consulted the Mujtahid* of Lucknow, who is now with the ex-King of Oudh, and the most learned in the Imamiyah Law in India, This gentleman has very kindly given me every aid that I required of him. I cannot, therefore, conclude these remarks without acknowledging my great obligation to him, for the valuable assistance that he has herein rendered me. I have endeavoured to collect and incorporate in the present work almost all that was important, and available and practicable within the time allowed me for the purpose.

I have nothing further to add here, having already expressed in the Introductory Discourse all that I had to say with respect to other matters which formed the subject of a Prefatory or an Introductory Lecture. In conclusion I have to observe that as neither time nor labour has been spared in making the present work replete with useful matters, and in rendering it adapted to the study of students,” as well as convenient for reference in the conduct of cases and administration of justice, I hope this work also will meet with the approbation of that august body-the Senate of the University-and• be useful to the public in proportion to the pains which I have taken in preparing the same.

Contents Volume I

Contents Volume II