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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 Although since superseded, it remains a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.
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 Although since superseded, it remains a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 2
contains sections on punishments, larceny, the rules of war,
foundlings, the absconding of slaves, missing persons,
partnerships, sales, bail, the transfer of debts, the duties of
judges, and evidence.
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 Although since superseded, it remains a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 3
contains sections on agency, claims, laws of business, deposits,
loans, gifts, the hiring of slaves, freed slaves, and disputed land
sales.
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.
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