By Sir Abdur Rahim
College of Calcutta, as Tagore Professor for the yr 1907, and that i significantly remorse that there must have been quite a bit hold up, because of purposes altogether own to myself, within the book of the ebook. the 1st bankruptcy is meant to be introductory, and its usefulness will, I belief, be obvious, in particular with regards to the themes mentioned inC hapters XI to XII. I should point out that, in writing the sooner component of the 1st bankruptcy, I derived priceless feedback fromM r. Macdonald sexcellent treatise on Muhammadan Theology. Chapters II to Vcontain an exposition of A l-U sul or theS cience of legislation, as constructed by way of theM uhammadan jurists among the 8th and the fourteenth centuries of the Christian period. a lot of this a part of the ebook is essentially a translation of Sadru sh-S hari ats Taudih which was once written someday within the fourteenth century and is well-known as a regular paintings at the topic. the opposite writings on Usul which i've got principally consulted areT aftdzdnis Talwih ,which is a statement on 1T audih ,F akhru l-I sldm sA l-U sul and its remark Kashfn 1-I srar ,M usullumu th-T habut ,by Muhibbullah and its commentaries by means of Bahrul Ulum and others, A ttaqrir-wa tT ahbir ,by I bn Hammam, Nuru l-A nwar ,by Mullah Jiwan ;J am ulJ aw mi ,by Tajuddin Subki with its observation via A l-M halli and the gloss referred to as A l-A yatu l-B ayyin tand A l-M ukhtasar by means of I bn Hajib with Qdi Udud scommentary thereon. In writing the rest chapters i haven't had a similar helpful aid of those eminent jurists, who didn't imagine healthy to pursue their investigations past the bounds of the subjects handled inC hapters II to V.
(Typographical mistakes above are as a result of OCR software program and do not happen within the book.)
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Extra info for The Principles of Muhammadan Jurisprudence
Ii. 771), Al-MahaHi (died a . i t . 8G4), and Ahmad ibn Qasim ; on JMaliki jurisprudence Ibn fla jib (died a . it. 046), and Qddi ‘Udud (died a . h . 7 56); and on Hanbali jurisprudence Qadi 'Ala’ivd-din and Abu Bakr ibn Zaidini’l-Khariji (died A. H. 836). -isim called ‘ Al-Ayatu’lB a iy im it’ among the Shafi'is; and • M ukhtasar' by Ibn Hajib, w ith its commentary by Qadi ‘Udud in Maliki jurisprudence, are regarded as the m ost authoritative. It may be noted here that, though T aftazaui was a follower of the Shafi'i School of law, his commentary on ‘ T a u d ih ’ is held in great esteem by the H anafis.
750 or a. 3 ). 1349). I may observe here that a notion exists that henceforward there has been no further exposition of Muhammadan law, the ancient doctors having anti cipated every question and laid down a rule for its solution. Such a notion is prima facie untenable, nor is it founded in fact. It would be more accurate to say, as held by jurists of authority, that th e principles that have been hitherto established w ould, if properly applied, furnish an answer in m ost cases. At the close of the fourteenth century we arrive at the age of com m entators and annotators.
H . 236 ( a . d . 869). Side by s-ide w ith Bukhari and in the same field and with same scientific methods though independently, worked M uslim ibnu'l-Hajjaj of Nishapur known as Muslim. H e died in a . h. 261 ( a . d . 874). M uslim’s : work, though smaller in bulk, can hardly be said to be of inferior authority to that of Bukhari, and the collections of th ese two are pre-em inently distinguished : as the two ‘ S a h ih s’ or the two correct collections out \of the six collections w hich arc regarded by th e Sunnis fiftg authentic.