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THE PRI NCI PLES OF MUHAMMADAN JURISPRUDENCE ACCORDING TO THE HAN A PI, MALIKl, SHAfcTI AND HANBALI SCHOOLS BY ABDUR RAHIM, M. A. BARRISTER-AT-LAW , ONE OP HIS MAJESTY’S JO DQK9 OP T H E H IG H OOtTRT O P JU M C A TO H E AT MADKAS L O N D O N : LUZAG & Co. M A D E A .S: S.P.C.K. D E PO SIT O R Y PB U fT E D AT THE a . P . C. K. P R E S S , V5UPKBY, MADRAS 1911 ERRATA Page 8 .— F o r d hu ^ o re a d „ 48.—l? o r ‘ which is the science of th e m aterial law of the M uham m adans’ re a d ‘ w hich i~; the m aterial science of law of the Muhammad&nB’. „ 64, lin t 81 .— F o r ' it ’ rea d ’ them „ 67.— F o r „ 84.' F o r («=-oJjbl re a d J j j* ] (jyjlj re a d „ 15(5, last line .— F o r ‘ to an effective cause ’ re a d ‘ to one based on a n effective cause’. „ 168, lino 3 from bottom .— F o r ‘ in a d a p ta b ility ’ re a d ‘ in ad ap tability ’. „ 170, line 2 . — F o r ‘ passed ’ re a d ' possessed „ 176, line 9 from the bottom .— F o r • chose ’ re a d * choose „ 187, line 12 from bottom .- F o r ‘some F a tw a ' r e a d ‘ gome, F a tw a '. „ 217.—F o r dtX^Jb' read £>),&} „ 255, line 21 .— F o r ‘ judgement ’ re a d ' judgm ent „ 256, line 4 .— F o r ' prcceptible ’ re a d ‘ perceptible „ 263, foot-note 1 .— F o r ‘ B ahru’l-'U luu com m unity’ re a d * B ahra’l-Ulfim’s commentary ,, 272, foot-note 3 .— F o r ' H. C. K ept., 30 ’ r e a d ■6 Mad. H. C. C., Page 3 0 ’. „ 302, lines 18 and 18.— F o r ‘ donor ’ re a d ‘ donee '. „ 854.— Delete ' Coercion 1 in the m argin. N.B.—-In several Arabic words, ending with jj a superfluous s has teen added a t th e end Please read those words w ithout th e g PR EFA C E T his book embodies the substance of the leetureB which I deli vered in the University of Calcutta, as Tagore Professor for the year 1907, and I greatly regret that there should have been so much delay, doe to reasons altogether personal to myself, in the publication of the book. The first Chapter is intended to be introductory, and its usefulness will, I trust, be apparent, especially with reference to the topics discussed in Chapters XI to XII, I ought to mention that, in writing the earlier portion of the first Chapter, I derived valuable suggestions from Mr. Macdonald’s excellent treatise on Muhammadan Theology. Chapters II to V contain an exposition of ‘ AI-Usul ’ or the Science of Law, as developed by the Muhammadan jurists be tween the eighth and the fourteenth centuries of the Christian Era. Much of this part of the book is practically a translation of Sadru’sh-Sharl'at’s ‘ Taudih ’ which was written sometime in the fourteenth century and is recognized as a standard work on the subject. The other writings on Ustil which I have largely consulted are Taft&zanis’ ' Talwih’, which is a commentary on ‘ Taudlh Fakhru’l-Islim's ‘ Al-Usiil' and its commentary ‘ Kashfu’l-Isrir’, ‘ Musullumu’th-Thabiit’, by Muhibbullah and its com mentaries by Bahrul Dliim and others, 1Attaqrir-wa’t Tahbir ’, by Ibn Hammflm, ‘ Nilru’l-Aowar by Mullah Jiw an; ‘ Jam‘u’1Jaw&mi1’, by Tajuddin Subbi with its commentary by Al-M&halli and the gloss known as 1Al-Ayatu’l-Bayyin&fc ’ and ‘ Al-Mukhtasar ’ by Ibn Hajib with QddI Udud’s commentary thereon. In writing the remaining chapters I have not bad the same invaluable help of these eminent jurists, who did not think fit to pursue their investigations beyond the limits of the topics dealt with in Chapters II to V. In Chapters VI to XII, I have endeavoured to explain the fundamental theories and legal ideas on vi PREFACE ■which the different departments of the Muhammadan system are based and to set forth the important principles which im