_kazee_ or judge." The "futwa," therefore, seems to correspond not
so much with our English "decisions" or "precedents" as with the
"responsa prudentum," that fertile source of doctrines in the Roman
law. The "Futawa Alumgeeree" consequently resembles the Pandects
of Justinian in being a systematical arrangement of selections from
juridical authorities--compiled by Imperial authority; but differs
from it in this, that the selections are made exclusively from the
"responsa prudentum," and a few legal treatises, whereas Justinian's
digest combined with those excerpts from judicial decisions,
prætorian edicts, &c. With this distinction, we may regard the "Futawa
Alumgeeree" as the Pandects or Digest of Mahometan Law. As in the
Roman work of that name, to each extract is appended the name of the
original work from which it is taken; and the whole of them are so
arranged as to form a complete digest of Mahometan law.

A work of this kind is invaluable to the student who would make
himself master of Mahometan jurisprudence as a system. But great care
must be taken not to misapprehend the exact nature of the knowledge
to be obtained from it. The "Futawa Alumgeeree" is a systematic
exposition of the principles of Mahometan law; it assuredly does not
enable us to ascertain what doctrines of that law are now of legal
force in India, or even what doctrines have at any time had force
in India. It does not appear to have been Aurungzebe's intention to
promulgate it as a code, but to present it to lawyers as a complete
text-book. Even if he did by ordinance attribute to it the power of
law, such ordinance was only effectual at any time in the provinces of
the Mogul Empire; and since the disruption of that empire, it has been
superseded and modified by laws and the practice of law-courts in the
various independent states erected on its ruins.