The Hedaya, or Guide: A Commentary on the Mussulman Laws(Cambridge Library Collection - Perspectives from the Royal Asiatic Society)

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 Although since superseded, it remains a fascinating document in the history of colonial jurisprudence.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 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.

Table of Contents:
Part VII. Of Hodood, or Punishments: 1. Of zinna, or whoredom; 2. Of the carnal conjunction which occasions punishment; 3. Of evidence to whoredom, and of retraction therefrom; 4. Of hidd shirb, or the punishment for drinking wine; 5. Of hidd kazaf, or the punishment for slander; 6. Of tazeer, or chastizement; Part VIII. Of Saraka, or Larciny: 1. Introductory; 2. Of thefts which occasion amputation, and of thefts which do not occasion it; 3. Of hirz, or custody; 4. Of the manner of cutting off the limb of a thief; 5. Of the acts of a thief with respect to the property stolen; 6. Of katta-al-tareek, or highway robbery; Part IX. Al Seyir, or the Institutes: 1. Introductory; 2. Of the manner of waging war; 3. Of making peace; 4. Of plunder and the division thereof; 5. Of the conquests of infidels; 6. Of the laws concerning moostamins; 7. Of tithe and tribute; 8. Of jizyat, or capitation-tax; 9. Of the laws concerning apostates; 10. Of the laws concerning rebels; Part X. Of the Laws Respecting Lakeets, or Foundlings; Part XI. Of Looktas, or Troves; Part XII. Of Ibbak, or the Absconding of Slaves; Part XIII. Of Mafkoods, or Missing Persons; Part XIV. Of Shirkat, or Partnership; Part XV. Of Wakf, or Appropriations; Part XVI. Of Sale: 1. Introductory; 2. Of optional conditions; 3. Of option of inspection; 4. Of option from defect; 5. Of invalid, null, and abominable sales; 6. Of akala, or the dissolution of sales; 7. Of moorabihat and tawleeat; 8. Of ribba, or usury; 9. Of rights and appendages; 10. Of claims of right; 11. Of sillim sales; Part XVII. Of Sirf Sale; Part XVIII. Of Kafalit, or Bail: 1. Introductory; 2. Of bail in which two are concerned; 3. Of bail by freemen in behalf of slaves, and by slaves in behalf of freemen; Part XIX. Of Hawalit, or the Transfer of Debts; Part XX. Of the Duties of the Kazee: 1. Introductory; 2. Of letters from one kazee to another; 3. Of arbitration; 4. Of the decrees of a kazee relative to inheritance; Part XXI. Of Shahadit, or Evidence: 1. Introductory; 2. Of the acceptance and rejection of evidence; 3. Of the disagreement of witnesses in their testimony; 4. Of evidence relative to inheritance; 5. Of attestation of evidence; Part XXII. Of Retractation of Evidence.