I.

Though the Sunnís are said to be governed by the LECTURE authority of the Ijmaa as well as by that of the Kurán and Hadis including Sunnat, and more or less by the authority of Kiyás (ratiocination), yet there are bodies of people who do not submit to the authority of the Kiyás, and to that of the Ijmas, unless it be of the Sahábah or companions of the Prophet. These people are denominated 'Muhaddasín' (traditionists), and are commonly called Wah- Wahhábís. hábís after the name of Abd-ul-Wahhab the founder of their sect who lived in the eighteenth century. They reside in Najd or central Arabia, also in southern Arabia, and have their own rulers, whose mandates are decisive. in any matter of law when no rule or decision on that point is to be found in the Kurán or in the Hadís. There are Wahhabis also in Sitana and in some parts of India, though in the latter they live generally in disguise. The Wahhábí sect must be said to have been derived from the Sunní sect, inasmuch as Abdul Wahháb and the people of Najd were originally Sunnís, and their doctrines differ only in a few respects from those of the Sunnís.

The founders of the four principal sects of the Sunnís being, as already stated, of different opinions, and broach

The first ruler of the Wahhábís was Saúd, the second, a disciple and patron of the great Wahháb, and was himself converted to the Wahhábí sect. He was succeeded by his eldest son Abd-ul-Azíz, who was assassined by a fanatic of the Province of Ghílán about 1805 or 1806, and was succeeded by his younger brother Abd-ullah. This ruler was defeated and taken a prisoner to Egypt by Ibrahím Báshah or Páshah, the predecessor of Ismáíl Páshah, and thence he was summoned to Constantinople, and there put to death on his first arrival. His brothers and kinsmen, with the survivors of the old Wahhábí family, and many other chiefs of note, were by order of the Sultán close prisoned in Egypt. Turkí, the son of Abdullah, who had made his escape, eventually re-appeared at Riad, and took possession of the kingdom which he continued to hold without molestation from Egypt or elsewhere, until he was assassined by his cousin Mashárí. Turkí is succeeded by his son Faizal, and Faizal by his eldest son Abdullah who is the present ruler of the Wahhábís in Central Arabia.

F

I.

LECTURE ing, in many respects, separate doctrines, based upon different traditions, or sometimes upon the same traditions dif ferently interpreted, and upon the greater or less exercise Digests of of the Kiyás, Digests of law have been written by a host of learned lawyers, some expounding especially and exclusively the doctrines of a particular sect, and others giving in one and the same work expositions of the doctrines of the different founders and followers of all those sects.

law.

The chief works of this nature that treat generally of the doctrines of the four principal sects of the Sunnís are mentioned by Hájí Khalífah to be the Jámi-ul-Mazáhib, the Majmaa-ul-Khiláfiyát, the Yanábiya-al-Ahkám, the Uyúm, and the Zubdat-ul-Ahkám.*

The Kanz-ud-Dakáïk, by An-Nasafí, is a book of great reputation, principally derived from the Wáfí; and containing questions and decisions according to the doctrines of Abú Hanífáh, Abú Yusuf, Imám Muhammad, Zufar, Sháfií, Málik, and others.

Many commentaries have been written on the last mentioned work: the most famous of them is the Báhr-ur-Ráïk, which may, indeed, almost be said to have superseded its original, at least in India. The Bahr-ur-Ráïk is by Zain-ul-Aabidín Bin Nujaim-ul-Misrí (a).

ANNOTATION.

(a). This author died A. H. 970 (A. C. 1562). Premature death compelled him to leave his work incomplete which was finished

* "The only one of these works," says Mr. Morley, "of which I have been able to find a particular description, is the Zubdat-ul-Ahkám, which expounds the practical statutes of the different doctrines of the four Sunní sects, and was written by Siráj-ud-Dín Abú Hafs Umar-ul-Ghaznavi, who was a follower of Abú Hanífah, and died A. H. 773 (A. C. 1371).

I.

The Multaka-al-Abhár by Shaikh Ibráhím Bin Muham- LECTURE mad al-Halabí, who died A. H. 956 (A. C. 1549), is a universal code of Muhammadan law. It gives the different opinions or doctrines of Abú Hanífáh, Málik, Sháfií and Hanbal, the chief Mujtahid Imáms and the founders of the four great sects of Sunnís, and illustrates them by those of the principal jurisconsults of the school of Abú Hanífáh. It is more frequently referred to as an authority throughout Turkey, than any other treatise on jurisprudence.- Vide Morl. Dig. Introd., cclxxii.

The Digests inculcating exclusively the doctrines of each of the said four great sects are indeed numerous, though a very few of them which maintain the doctrines of the Málikí, Sháfií or Hanbali sects are used in India.

Digests written by Málik or any of his followers are scarcely found in this country. Of the Digests maintaining the Málikí doctrines, two, I learn, have lately appeared in France.*

ANNOTATIONS.

by his brother Siráj-ud-Dín Umar, he also wrote another commentary on the same work, entitled the Nahr-ul-Fáïk.' There is another commentary on the Kanz-ud-Dakáïk entitled the Tabyín-ul-Hakáïk, which was composed by Fakhr-ud-Din Abú Muhammad Bin Alí az-Zailaí, who died in A. H. 743 (A. D. 1342). Of the other commentaries on the Kanz-ud-Dakáïk, two deserve notice, one entitled the Ramz-ul-Hakáïk by Badr-ud-Din Mahmúd Bin Ahmad al-Ainí, who died in A. H. 855 (A. C. 1451); the other is the Matlab-ul-Fäïk by Badr-ud-Din Muhammad Bin Abd-ur-Rahmán ad-Dairí; the former is much esteemed in India.- Vide Morl. Dig. Introd., p. cclxx.

"The first of these," says Mr. Morley," was published in 1842, by M. Vincent. It contains a short account of the origin of the Málikí doctrine principally derived from Al-Makrází, a description of the most noted

LECTURE The first work of Sháfií entitled the Usúl' or fundamentals, which contains the principles of the Muhammadan civil and canon law, may be classed as a Digest. The Mukhtasar, the Mansúr, the Rasáïl ul-Muatabirah and the Kitáb-ul-Wasáïk are amongst the other works written by Abú Ibrahím Ismáíl Bin Yahiyá al-Muzaní, a distinguished disciple of Sháfií and a native of Egypt, and are according to the doctrines of Sháfií.*

The works by Ibnu Hambal and his followers are few in number, and rare in India.

The followers of the Hanífi sect which obtains most commonly amongst the Muhammadans of India, and, therefore, claims our particular attention, have, like others, divided their law into two general branches or partsrespectively called the Fikah (law, religious and secular)'

works treating of that doctrine, and a translation of the chapter on Criminal Law, taken from the Risalah of Abú Muhammad Abd-ullali Bin Abú Zayid al-Kairuwání. The preliminary matter in M. Vincent's treatise is very interesting."

"The second, which is a French translation by M. Perron, of the Muktasar of Khalil Ibu Ishák, is now in progress: two volumes have already appeared, and were published, respectively, in the years 1848 and 1849. The Mukhtasar is a work professedly treating of the law according to the Málikí doctrines. M. Perron's version has been undertaken by order of the French Government, for the special use of those who are employed in the administration of justice in Algeria, and is the more valuable, as the translator has not confined himself to a bare translation of the original text, but, has illustrated all the obscure passages by introducing explanations from the different commentators on the work."

The work has since been completed, and presents one of the complete translations of a general treatise on Muhammadan jurisprudence. The typographical excellence of the volumes, combined with their lowness of price, do honour to the liberality of the French Government.

"the

*The Mukhtasar is the basis of all the treatises composed on the legal doctrines of Shafií, who himself entitled Al-Muzaní, champion of his doctrine." Al-Muzaní died in A. H. 264 (A. C. 877). Morl. Dig., Introd. p. celxxv.

I.

and Faráïz,* (the succession to, and division of, Inherit- LECTURE ance).'

The works which are on Fikah and which are known or considered in this country as the chief authorities of the Hanífí sect, are the following:

Abú Hanífáh's own Digest of law entitled the Fikahul-Akbar.' This is the first in rank, and has been commented upon by various writers, many of whom are mentioned by Hájí Khalifah. The doctrines of that great lawyer, however, are sometimes qualified or dissented fromt by the two of his famous pupils Abú-Yusuf‡ and Imáin Muhammad.§

Because they allege Faráïz to be half of the legal science, in accordance with their Prophet's saying that The Law of Inheritance is one half of (useful) knowledge;' and the reason given for his so saying is, that it has relation to death, while the other sciences have to life.

† Sir William Jones says,-"Although Abú Hanífah be the acknowledged head of the prevailing sect, and has given his name to it, yet so great veneration is shown to Abú Yusuf, and the lawyer Muhammad, that when they both dissent from their master, the Mussalmán judge is at liberty to adopt either of the two decisions which may seem to him the more consonant to reason, and founded on the better authority."

"In former times," says Mr. Morley, it seems that Abú Hanifah's opinion was preferred, even when both the disciples dissented from him : but this is not the case at the present day. There is also a distinction of authority to be observed, viz., that where the two disciples differ from their master and from each other, the authority of Abú Yusuf, particularly in judicial matters, is to be preferred to that of Muhammad. In the event, however, of one disciple agreeing with Abú Hanífah, there can be no hesitation in adopting that opinion which is consonant with his doctrine." Morl. Dig., Introd. pp. cclxii & celxiii,

Abú Yusuf Yákúb Bin Ibráhím al-Kúfí was born A. H. 113 (A. C. 731), and died at Baghdád. A. H. 182 (A. C. 798). He was a pupil of Abú Hanifah, and was first appointed to the office of Kází of Baghdad by the Khalifah al-Hádí Subsequently he was raised to the dignity of Kázíul-Kuzzát, or chief civil magistrate, by the Khalifah Hárún ur-Rashíd, being the first who held that high office. Vide Ibid., p. cclxiii.

§ The full name or appellation of this Doctor is "Abú Abd-ullah Muhammad Bin Husain ash-Shaibání." He was born at Wásitah in Irákul-Arab A. H. 132 (A. C 749), and died at Ray, the capital of Khurásán, A. H. 187 (A. C. 802). Imám Muhammad, as he is most generally called, was a fellow pupil of Abú Yusuf under Abú Hanífah, but on the death of the latter he pursued his studies under the former.

It is also stated, that, in his younger days, he was instructed by Imám Málik. Vide Ibid, p. cclxiii.