The hedaya, or guide: a commentary on the Mussulman laws : Volume 1
In: Cambridge library collection. Perspectives from the Royal Asiatic Society
Composed in the 12th century by the leading Muslim jurist Burhan al-Din al-Marghinani, the original Arabic al-Hidayah remains a central text of Islamic personal law. This English translation, from a Persian version of the work, was prepared by the orientalist Charles Hamilton for the East India Company in 1791. Although since superseded, it remains a fascinating document in the history of colonial jurisprudence. The legal system was central to the entrenchment of British rule in India, providing the framework for active control of civil administration & the courts. Translations of Islamic texts were intended to remove the language barrier for colonial officials, & blurred British & native law for the first time. Hamilton's text is one such, & its dedication to Warren Hastings & lengthy preliminary section outline its purpose & composition. Volume 1 contains sections on zakat (alms), marriage, fosterage, divorce, slavery, & vows