International Weekly Miscellany - Volume 1, No. 9, August 26, 1850 by Various
page 67 of 172 (38%)
page 67 of 172 (38%)
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undertaken by command of princes. As with the Roman jurisprudence in
Europe, so with Mahometan jurisprudence in India, only so much of its doctrines and forms could at any time be considered to possess legal force as had been reenacted by the local sovereigns, or introduced by judges in the form of decisions. A systematic knowledge of the whole body of Mahometan law was important to the Indian lawyer, as enabling him more thoroughly to understand the system, and its various isolated doctrines; but the whole body of that law was at no time binding in India. Since the establishment of British sway, only so much of the Mahometan law as has kept its ground in the practice of the courts, or has been reenacted by the "regulations" or "ordinances" of the Anglo-Indian Government, _is law_; the rest is only valuable as the "antiquities of the law," which help to trace the origin of what survives, and thereby throw light upon what in it is obscure or doubtful. Among the most valuable, if not indeed the most valuable of the compilations from which we may obtain a knowledge of Mahometan jurisprudence, is the "Futawa Alumgeeree," mentioned in Mr. Baillie's title-page. Its value is not confined to the purposes of those who would make themselves acquainted with Mahometan jurisprudence in the peculiar form it assumed in India. It is highly esteemed throughout Islam, and is quoted even by the doctors of Mecca as the Futawa-i-hind, or the Indian _responsa prudentum_. It was compiled by the orders of the Emperor Aurungzebe. It is a digest of the "Futawa" of the most celebrated jurists of the Hanifeh (or, as Mr. Baillie spells it, _Hunefeeah_) sect or school. Mr. Baillie informs us in his preface, that "_futawa_ is the plural form of _futwa_, a term in common use in Mahometan countries to signify an exposition of law by a public officer called the _mooftee_, or a case submitted to him by the |
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