Calcutta, March 1, 1794.

SIR,

THE Inftitutes of Hindu Law have been very correctly printed, and the whole impreffion has just been fent to the Governor and Council, who will not fail to tranfmit copies for the King's library, for yourself, and for the Directors. If I had obtained his Majefty's leave to refign my office, nothing would now keep me here, but the Digeft of Indian Laws, confifting of nine large volumes, two of which remain to be collated and ftudied with the learned Bráhmen, who affifts me: he is old and infirm; but, fhould he be able to attend me another year, or two years at the very utmost, the whole work will be finished, and I shall copy it during my voyage, if the King shall graciously permit me to leave India.

I, therefore, intreat you, Sir, to lay before his Majefty, my humble fupplication for his gracious permiffion to refign my judgeship in the year 1795, or (if the Digest should not then be completed) in 1796; it being my anxious wifh to pafs the remainder of my life in ftudious retirement, though devoted, as I ever have been,

་

to the fervice of my King and my Country, and of that recorded Conftitution, which is the bafis of our national glory and felicity.

I have the honour to be, Sir,

your very obedient

humble Servant.

The Right Hon. Henry Dundas, Efq.

THE

MAHOMEDAN LAW

OF

SUCCESSION

ΤΟ

THE PROPERTY OF INTESTATES,

IN

ARABICK,

ENGRAVED ON COPPER PLATES

FROM

AN ANCIENT MANUSCRIPT:

WITH

A VERBAL TRANSLATION, AND EXPLANATORY NOTES.

THE

PREFACE.

NOTHING more feems neceffary, in order to explain the object of the following work, than barely to cite the late ftatute concerning the adminiftration of justice in BENGAL; by the feventeenth fection of which it is enacted, "That "the Supreme Court of Judicature at Fort Wil"liam shall have full power to hear and deter“mine all manner of actions and suits against "the inhabitants of Calcutta, provided that "their inheritance and fucceffion to lands, rents, "and goods, and all matters of contract and

66

dealing between party and party, shall be "determined, in the cafe of Mahomedans, by "the laws and ufages of MAHOMEDANS, and, "where only one of the parties fhall be a Ma"homedan, by the laws and ufages of the defendant:" by the twenty-first fection, the provincial courts of Adálet, or Juftice, are exprefsly recognised, and the powers of the governor and council, as the Sedr Adálet, in determining civil