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 Although since superseded, it remains a fascinating document in the history of colonial jurisprudence.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