The Hedaya, Or Guide: A Commentary on the Mussulman Laws, Volume 217

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Translated ... by C. Hamilton. with preface and index by S.G. Grady

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OCLC: 7199032
Related Subjects: Islamic law -- India.


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Page xlix - ... sudden fits of inadvertency will surprise vigilance, slight avocations will seduce attention, and casual eclipses of the mind will darken learning; and that the writer shall often in vain trace his memory, at the moment of need, for that which yesterday he knew with intuitive readiness, and which will come uncalled into his thoughts tomorrow.
Page 40 - ... the payment of dower is enjoined by the law, merely as a token of respect for its object (the woman), wherefore the mention of it is not absolutely essential to the validity of a marriage : and, for the same reason, a marriage is also valid, although the man were to engage in the contract on the special condition that there should be no dower.
Page xiv - Europe. ... as an inevitable principle of all Mussulman Governments, namely, a rigid and undeviating adherence to their own law, not only with respect to themselves, but also with respect to all who were subject to their dominion. In all spiritual matters, those who submitted to...
Page xiii - ... and advantage, not only of the governors, but of the governed ; and to this great end nothing can so effectually contribute as preserving to the latter their ancient established practices, civil and religious, and protecting them in the exercise of their own institutes ; for however defective or absurd these may in many instances appear, still they must be infinitely more acceptable than any which we could offer ; since they are supported by the accumulated prejudice of ages, and, in the opinion...
Page 225 - According to the two disciples, ' wakf ' signifies the appropriation of a particular article in such a manner as subjects it to the rules of divine property, whence the appropriator's right in it is extinguished, and it becomes a property of God by the advantage of it resulting to his creatures.
Page 345 - ... rights. In cases inducing corporal punishment, witnesses are at liberty either to give or withhold their testimony as they please ; because in such case they are distracted between two laudable actions ; namely, the establishment of the punishment, and the preservation of the criminal's character. The concealment of vice is, moreover, preferable ; because the prophet said to a person that had borne testimony, " Verily, it would have been better for you, if you had concealed it...
Page 229 - Again (page 344) it is said, upon an appropriation becoming valid or absolute, the sale or transfer of the thing appropriated is unlawful according to all lawyers ; the transfer is unlawful because of a saying of the Prophet, ' Bestow the actual land itself in charity in such a manner that it shall no longer be saleable or inheritable.
Page 36 - ... to equality with respect to the husband ; that is to say, that the husband be the equal of his wife ; but it is not necessary that the wife be the equal of the husband, since men are not degraded by cohabitation with women who are their inferiors...
Page xiv - Europe (how unjustly will appear from many passages in this work) as an invariable principle of all Mussulman governments ; namely, a rigid and undeviating adherence to their own LAW, not only with respect to themselves, but also with respect to all who were subject to their dominion.
Page xiii - THE diffusion of useful knowledge, and the eradication of prejudice, though not among the most brilliant consequences of extended empire and commerce, are certainly not the least important. — To open and to clear the road to science; to provide for its reception in whatever form it may appear, in whatever language it may be conveyed: — these are advantages which in part atone for the guilt of conquest, and in many cases compensate for the evils which the acquisition of dominion too often inflicts....

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