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DEPOSITORY PBIHTED AT THE 6, F. C. K. 1'KESS, VKl'EBV, MADRAS 1911 PREFACE THIS book embodies the substance of the lectures which I deli- for the vered in the University of Calcutta, as Tagore Professor there should have been so year 1907, and I greatly regret that to in the much delay, due to reasons altogether personal myself, publication of the book. and its The first Chapter is intended to be introductory, reference to usefulness will, I trust, be apparent, especially with XI to XII. I to mention the topics discussed in Chapters ought I derived that, in writing the earlier portion of the first Chapter, excellent treatise on valuable suggestions from Mr. Macdonald's Muhammadan Theology. ' ' or the Chapters II to V contain an exposition of Al-Usul Science of Law, as developed by the Muhammadan jurists be- centuries of the Christian tween the eighth and the fourteenth a translation Era. Much of this part of the book is practically of Sadru'sh-Shari'at's 'Taudih' which was written sometime in the fourteenth century and is recognized as a standard work on which I have the subject. The other writings on Usul largely ' is consulted are Taftdzdnis" Talwih ', which a commentary on ' ' 1 ' and its Kash- Taudih ', Fakhru'l-Isldm's Al-Usul commentary ' and its com- fn'1-Israr', Musullumu'th-Thabut ', by Muhibbullah and ' Tahbir mentaries by Bahrul Ulum others, Attaqrir-wa't ', ' Mullah Jiwan ' Jam'u'l- by Ibn Hammam, Nuru'l-Anwar ', by ; Subki with its Al-M&halli Jaw&mi' ', by Tajuddin commentary by ' ' ' ' and the gloss known as Al-Ayatu'l-Bayyin&t and Al-Mukhtasar by Ibn Hajib with Q&di Udud's commentary thereon. In writing the remaining chapters I have not had the same did think fit invaluable help of these eminent jurists, who not of the dealt to pursue their investigations beyond the limits topics to I have with in Chapters II to V. In Chapters VI XII, theories and ideas on endeavoured to explain the fundamental legal PREFACE which the different departments of the Muhammadan system are based and to set forth the important principles which impart to the Muhammadan legal code, under its several heads, its peculiar features. These theories and principles are to be found inter- in spersed such authoritative works on Muhammadan law as the ' ' 'Hedaya', the Sharhu'l-Viqaya and others and also in the various treatises on Usul, already mentioned. It is always difficult to know where one should exactly draw the line in referring to the rules of law in illustrating the general legal ideas and rela- tions which form the proper province of jurisprudence, and it will be seen that I have referred to such rules in somewhat profuse detail. reasons for so My doing were two-fold; in the first place, the I have had to jurisprudence deal with relates to one particular and in the system, second place, the Muhammadan law is so seldom read with care that I felt I any should not be justified in on the counting possession of that quantum of knowledge of its rules which is for the necessary purpose of following the dis- cussions of the on jurists, the part of the ordinary student for whose benefit the Tagore Lectures were primarily instituted.