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of the

Calcutta University

Tagore Law Lectures-1873.

THE MUHAMMADAN LAW:

BEING

A DIGEST OF THE LAW APPLICABLE ESPECIALLY
TO THE SUNNÍS OF INDIA.

BY

SHAMA CHURUN SIRCAR,

TAGORE PROFESSOR OF LAW.

46

ad hoc, de quo agitur, non quærimus gentem, ingenia quærimus."

CICERO De Rep.

CALCUTTA:

THACKER, SPINK AND CO.

BOMBAY: THACKER, VINING & Co. MADRAS: HIGGINBOTHAM & Co.
LONDON: W. THACKER & Co.

1873.

PREFACE.

THE principles of Muhammadan law contained in these pages constitute the Lectures delivered by me as "The Tagore Professor of Law" appointed by the Senate of the Calcutta University. These principles are, for the most part, derived from several of the Arabic books of paramount authority. The principles of the law of Inheritance have been drawn mainly from the Sirájiyyah and Sharífiyyah, the highest authorities on the subject,* and where they appeared deficient in any respect, recourse was had to the Fatáwá-i Alamgírí, Fatáwá-i Sirájiyyah, Durr-ul-Mukhtár and other works of unquestionable authority to supplement the deficiency.† The principles respecting the other subjects treated of in this work have been deduced principally from the Hidayah and the Fatáwá-i Alamgírí, and occasionally from Sharh-ulVikayáh, Jámi-ur-Ramúz and other works of great weight. Other passages from the abovementioned authorities have been appended to almost all those principles to explain and illustrate their meanings. To these again have been added annotations, which being passages from books of high authority serve as authorities or additional authorities (as the case may be) for the principles to which they refer. Then under all these are given foot notes, which cannot fail of being interesting or useful.

* See the Introductory Discourse, pages 48 & 49.
Vide, for instance, pages 128-132.

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