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The Hedaya (Commentary on The Islamic Laws)
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The Hedaya (Commentary on The Islamic Laws)
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Advertisement To The Second Edition

 

In further pursuance of the design to which I alluded in my Preface to the Third Edition of Menu’s Institutes, I now present to the profession the Second Edition of the HEDAYA. As this work has been made a text-book by the Council of Legal Education, for the examination of the students of the Inns of Court, who are qualifying themselves for call to the English Bar, with a view of practising in India; as the First Edition, by Mr. Hamilton, has been some time out of print; its bulk (four .quarto volumes) is not calculated to assist reference to its pages; and its price had increased in proportion to the difficulty of obtaining it, I felt it a duty to publish a new Edition, in order to bring It somewhat more with in the reach of the students, not only with reference to its size, but its cost. I have accordingly, therefore, prepared this Edition for those enterprising Publishers, Messrs. W. H. Alien & Co. A large portion of the work having become obsolete, in consequence of the abolition of slavery, and from other causes, I have expunged the books containing those portions from the present Edition, they being more interesting to the antiquarian (who can consult the First Edition) than useful 10 the student or practitioner, and their insertion would not only have increased the bulk of the volume, but its expense also, I have, however retained in the “Introductory Discoursethe translators epitome of those books from which the object and scope of the obsolete law .nay be learned. Where portions of the expunged subject” have been incidentally mixed up with others, I have been constrained to retain such portions lest the context might, by their omissions, be involved in obscurity, The second edition is now comprised in one volume, printed in double columns, and in smaller type than the original, with a view of comprising it within that compass, but, as the type is clear, it is conceived that no disadvantage will result from this. Wherever any subject is omitted, I have inserted a note, expressing my reasons for expunging it. A large portion of the original translation had been printed in Italic letters. For the sake of uniformity and clearness, this plan has not been adopted in the present Edition. I have added a very copious Index, which will facilitate reference to the context; and I should have embodied in foot-notes, reference t the cases that have been decided upon the various subjects of which the work treats, but that I have already done so in that portion of my work on “the Mahommedan Law of Inheritance and Contract,” in which the same subjects are discussed, and where those cases will be found collected.

 

Although the present Edition has been published with a view of assisting the student to prosecute his studies, yet the hope is entertained that the Judge, as well as the Practitioner, will find it useful, particularly in those provinces where the Mahommedan law demands a great portion of the attention of the judicial, as well as that of the practitioner. It is hoped, also, that it may be found useful in promoting the study of the law in the several Universities in India, it being advisable to assimilate the curriculum in both countries as much as possible.

 

Contents

 

Introductory address, by the composer of the Persian version of the Hedaya

xi

Preliminary Discourse

xxii

BOOK I OF ZAKAT

1-24

BOOK II OF NIKKAH OR MARRIAGE

25-66

BOOK III OF RIZZA OR POSTERAGE

67

BOOK IV OF TALAK OR DIVORCE

72-149

BOOK V OF ITTAK OR THE MANUMISSION OF SLAVES

150

BOOK VI OF EIMAN OR VOWS

150-174

BOOK VII OF HOODOOD OR PUNISHMENTS

176-203

BOOK VIII OF SARAKA OR LARCINEY

205

BOOK IX AL SEYIR OR THE INSTITUTES

205

BOOK X OF THE LAW RESPECTING LAKEETS, OR FOUNDLINGS

206

BOOK XI OF LOOKTAS OR TROVE

208

BOOK XII OF IBBAK OR THE ABSCONDING OF SLAVES

213

BOOK XIII OF MAFKOODS OF MISSING PERSONS

213

BOOK XIV OF SHIRKAT OF PARTNERSHIP

229-230

BOOK XV OF WAKF OR APPROPRIATIONS

239

BOOK XVI OF SALE

241-309

BOOK XVII OF SIRF SALE

312

BOOK XVIII OF KAFALIT OR BAIL

318-330

BOOK XIX OF HAWALAT OR THE TRANSFER OF DEBTS

332

BOOK XX OF THE DUTIES OF THE KAZEE

334-352

BOOK XXI OF SHAHADIT OR EVIDENCE

353-372

BOOK XXII OF RETRACTATIONS OF EVIDENCE

372

BOOK XXIII OF AGENCY

376-397

BOOK XXIV OF DAWEE OF CLAIMS

399-422

BOOK XXV OF IKRAR OR ACKNOWLEDGEMENT

427-439

BOOK XXVI OF SOOLH, OR COMPOSITION PROFITS OF STOCK AND LABOUR

441-452

BOOK XXVII OF MOZARIBAT OR CO-PARTNERSHIP IN THE PROFIT OF STOCK AND LABOUR

454-470

BOOK XXVIII OF WIDDA OR DEPOSITS

471

BOOK XXIX OF ARREAR OF LOANS

471

BOOK XXX OF HIBBA OR LOANS

471

BOOK XXXI OF IJARA OR HIRE

490-512

BOOK XXXII OF MOKATIBE

512

BOOK XXXIII OF WILLE

517

BOOK XXXIV OF IKRAH OF COMPULSIO

519-521

BOOK XXXV OF HJIR INHIBITION

524-530

BOOK XXXVI OF MAZOONS OR LICENSED SLAVES

533

BOOK XXXVII OF GHAZB OR USURPATION

537-534

BOOK XXXVIII OF SHAFFA

548-563

BOOK XXXIX OF KISSMAT OR PARTITION

565-576

BOOK XL OF MOZAREA OR COMPACTS OF GULTIVATION

579

BOOK XLI OF MOSAKAT OR COMPACTS OF GARDENING

584

BOOK XLII OF ZABBAH OR THE SLAYING OF ANIMALS FOR FOOD

587-591

BOOK XLIII OF UZHEEA, OR SACRIFICE

592

BOOK XLIV OF KIBAHEFAT OR ABOMINATIONS

594-607

BOOK XLV OF THE CULTIVATION OF WASTE LANDS

609-616

BOOK XLVI OF PROHIBITED LIQUORS

618-623

BOOK XLVII OF HUNTING

623-627

BOOK XLVIII OF RAHN OR PAWNS

629-656

BOOK XLIX OF JANAYAT OR OFFENCES AGAINST THE PERSON

659

BOOK L OF DEEAYAT OF FINES

660-665

BOOK LI OR MAWAKIL OR THE LEVYING OF FINES

670

BOOK LII OF WASAYA OR WILLS

670-703

BOOK LIII OF MAPHRODITIES

704-705

CHAPTER THE LAST

707

 

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The Hedaya (Commentary on The Islamic Laws)

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Advertisement To The Second Edition

 

In further pursuance of the design to which I alluded in my Preface to the Third Edition of Menu’s Institutes, I now present to the profession the Second Edition of the HEDAYA. As this work has been made a text-book by the Council of Legal Education, for the examination of the students of the Inns of Court, who are qualifying themselves for call to the English Bar, with a view of practising in India; as the First Edition, by Mr. Hamilton, has been some time out of print; its bulk (four .quarto volumes) is not calculated to assist reference to its pages; and its price had increased in proportion to the difficulty of obtaining it, I felt it a duty to publish a new Edition, in order to bring It somewhat more with in the reach of the students, not only with reference to its size, but its cost. I have accordingly, therefore, prepared this Edition for those enterprising Publishers, Messrs. W. H. Alien & Co. A large portion of the work having become obsolete, in consequence of the abolition of slavery, and from other causes, I have expunged the books containing those portions from the present Edition, they being more interesting to the antiquarian (who can consult the First Edition) than useful 10 the student or practitioner, and their insertion would not only have increased the bulk of the volume, but its expense also, I have, however retained in the “Introductory Discoursethe translators epitome of those books from which the object and scope of the obsolete law .nay be learned. Where portions of the expunged subject” have been incidentally mixed up with others, I have been constrained to retain such portions lest the context might, by their omissions, be involved in obscurity, The second edition is now comprised in one volume, printed in double columns, and in smaller type than the original, with a view of comprising it within that compass, but, as the type is clear, it is conceived that no disadvantage will result from this. Wherever any subject is omitted, I have inserted a note, expressing my reasons for expunging it. A large portion of the original translation had been printed in Italic letters. For the sake of uniformity and clearness, this plan has not been adopted in the present Edition. I have added a very copious Index, which will facilitate reference to the context; and I should have embodied in foot-notes, reference t the cases that have been decided upon the various subjects of which the work treats, but that I have already done so in that portion of my work on “the Mahommedan Law of Inheritance and Contract,” in which the same subjects are discussed, and where those cases will be found collected.

 

Although the present Edition has been published with a view of assisting the student to prosecute his studies, yet the hope is entertained that the Judge, as well as the Practitioner, will find it useful, particularly in those provinces where the Mahommedan law demands a great portion of the attention of the judicial, as well as that of the practitioner. It is hoped, also, that it may be found useful in promoting the study of the law in the several Universities in India, it being advisable to assimilate the curriculum in both countries as much as possible.

 

Contents

 

Introductory address, by the composer of the Persian version of the Hedaya

xi

Preliminary Discourse

xxii

BOOK I OF ZAKAT

1-24

BOOK II OF NIKKAH OR MARRIAGE

25-66

BOOK III OF RIZZA OR POSTERAGE

67

BOOK IV OF TALAK OR DIVORCE

72-149

BOOK V OF ITTAK OR THE MANUMISSION OF SLAVES

150

BOOK VI OF EIMAN OR VOWS

150-174

BOOK VII OF HOODOOD OR PUNISHMENTS

176-203

BOOK VIII OF SARAKA OR LARCINEY

205

BOOK IX AL SEYIR OR THE INSTITUTES

205

BOOK X OF THE LAW RESPECTING LAKEETS, OR FOUNDLINGS

206

BOOK XI OF LOOKTAS OR TROVE

208

BOOK XII OF IBBAK OR THE ABSCONDING OF SLAVES

213

BOOK XIII OF MAFKOODS OF MISSING PERSONS

213

BOOK XIV OF SHIRKAT OF PARTNERSHIP

229-230

BOOK XV OF WAKF OR APPROPRIATIONS

239

BOOK XVI OF SALE

241-309

BOOK XVII OF SIRF SALE

312

BOOK XVIII OF KAFALIT OR BAIL

318-330

BOOK XIX OF HAWALAT OR THE TRANSFER OF DEBTS

332

BOOK XX OF THE DUTIES OF THE KAZEE

334-352

BOOK XXI OF SHAHADIT OR EVIDENCE

353-372

BOOK XXII OF RETRACTATIONS OF EVIDENCE

372

BOOK XXIII OF AGENCY

376-397

BOOK XXIV OF DAWEE OF CLAIMS

399-422

BOOK XXV OF IKRAR OR ACKNOWLEDGEMENT

427-439

BOOK XXVI OF SOOLH, OR COMPOSITION PROFITS OF STOCK AND LABOUR

441-452

BOOK XXVII OF MOZARIBAT OR CO-PARTNERSHIP IN THE PROFIT OF STOCK AND LABOUR

454-470

BOOK XXVIII OF WIDDA OR DEPOSITS

471

BOOK XXIX OF ARREAR OF LOANS

471

BOOK XXX OF HIBBA OR LOANS

471

BOOK XXXI OF IJARA OR HIRE

490-512

BOOK XXXII OF MOKATIBE

512

BOOK XXXIII OF WILLE

517

BOOK XXXIV OF IKRAH OF COMPULSIO

519-521

BOOK XXXV OF HJIR INHIBITION

524-530

BOOK XXXVI OF MAZOONS OR LICENSED SLAVES

533

BOOK XXXVII OF GHAZB OR USURPATION

537-534

BOOK XXXVIII OF SHAFFA

548-563

BOOK XXXIX OF KISSMAT OR PARTITION

565-576

BOOK XL OF MOZAREA OR COMPACTS OF GULTIVATION

579

BOOK XLI OF MOSAKAT OR COMPACTS OF GARDENING

584

BOOK XLII OF ZABBAH OR THE SLAYING OF ANIMALS FOR FOOD

587-591

BOOK XLIII OF UZHEEA, OR SACRIFICE

592

BOOK XLIV OF KIBAHEFAT OR ABOMINATIONS

594-607

BOOK XLV OF THE CULTIVATION OF WASTE LANDS

609-616

BOOK XLVI OF PROHIBITED LIQUORS

618-623

BOOK XLVII OF HUNTING

623-627

BOOK XLVIII OF RAHN OR PAWNS

629-656

BOOK XLIX OF JANAYAT OR OFFENCES AGAINST THE PERSON

659

BOOK L OF DEEAYAT OF FINES

660-665

BOOK LI OR MAWAKIL OR THE LEVYING OF FINES

670

BOOK LII OF WASAYA OR WILLS

670-703

BOOK LIII OF MAPHRODITIES

704-705

CHAPTER THE LAST

707

 

Sample Page


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