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The Hedaya, or Guide Charles Hamilton

The Hedaya, or Guide By Charles Hamilton

Summary

This 1791 four-volume English translation of a key text of Islamic law was undertaken by Charles Hamilton (c.1752-92), an orientalist working for the East India Company. It is an important work in the administrative history of British India, reflecting the development of the Anglo-Islamic legal system.

The Hedaya, or Guide Summary

The Hedaya, or Guide: A Commentary on the Mussulman Laws by Charles Hamilton

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 Although since superseded, it remains a fascinating document in the history of colonial jurisprudence.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

Table of Contents

Dedication; Preliminary discourse by the translator; Introductory address; Part I. Of Zakat: 1. Introductory; 2. Of zakat upon sawayeem; 3. Of zakat from personal effects; 4. Of the laws respecting those who come before the collector; 5. Of mines and buried treasures; 6. Of zakat upon the fruits of the earth; 7. Of the disbursement of zakat; 8. Of sadka fittir; Part II. Of Nikkah, or Marriage: 1. Introductory; 2. Of guardianship and equality; 3. Of the mihr or dower; 4. Of the marriage of slaves; 5. Of the marriage of infidels; 6. Of kissm, or partition; Part III. Of Rizza, or Fosterage; Part IV. Of Talak, or Divorce: 1. Of the talak-al-sonna; 2. Of the execution of divorce; 3. Of delegation of divorce; 4. Of divorce by yameen, or conditional vow; 5. Of the divorce of the sick; 6. Of rijaat, or returning of a divorced wife; 7. Of aila; 8. Of khoola; 9. Of zihar; 10. Of laan, or imprecation; 11. Of impotence; 12. Of the edit; 13. Of the establishment of parentage; 14. Of hizanit, or the care of infant children; 15. Of nifka, or maintenance; Part V. Of Ittak, or the Manumission of Slaves: 1. Introductory; 2. Of slaves, of whom a portion or member is emancipated; 3. Of the emancipation of one of several slaves; 4. Of manumission by hilf, or vow; 5. Of manumission for a compensation; 6. Of tadbeer, or post obit manumission; 7. Of isteelad, or claim of offspring; Part VI. Of Eiman, or Vows: 1. Introductory; 2. Of what constitutes an oath or vow; 3. Of kafara, or expiation; 4. Of vows with respect to entrance into, or residence in, a particular place; 5. Of vows respecting various actions, etc.; 6. Of vows with respect to eating or drinking; 7. Of vows with respect to speaking or conversing; 8. Of vows in manumission and divorce; 9. Of vows in buying, selling, marriage, etc.; 10. Of vows respecting pilgrimage, fasting, and prayer; 11. Of vows respecting clothing and ornaments; 12. Of vows concerning striking, killing, etc.; 13. Of vows respecting the payment of money; 14. Of miscellaneous cases.

Additional information

NLS9781108055352
9781108055352
1108055354
The Hedaya, or Guide: A Commentary on the Mussulman Laws by Charles Hamilton
New
Paperback
Cambridge University Press
2013-02-28
672
N/A
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