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schools among the Sunnis are those of (1) Abu Hanifa (whose doctrines are in force among the major portion of Indian Mussulmans, the Afghans, Turkomans, almost all Central Asian Mohammedans, and the Turks and Egyptians); (2) of Malik-ibn-Ans, whose tenets hold good in Northern Africa, especially in Morocco and Algeria; (3) of Shafei of Ghizeh in Syria, whose doctrines prevail in Northern Africa, in Egypt, in Southern Arabia, in Java, in the Malayan Peninsula, and in Ceylon; and (4) of Ibn Hanbal.

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The Disciples."-Abu Hanifa had two celebrated followers-Abu Yusuf and Mahomed-who are so greatly venerated that when they both dissent from their master, the Mussulman judge is at liberty to adopt either of the two decisions which seems to him to be more consonant with reason. Abu Hanifa's dicta should be followed only in religious matters. In judicial decrees in all matters relating to disposition of property, a preference is given to the doctrine of Abu Yusuf, who was an eminent judge. The views of Mohammed should be followed in questions of inheritance.

Legal Works of the Mussulmans.-The legal works of the Hanafis are text-books and digests of decisions (Fatawa). One of the most celebrated of the former is the Hedaya, which took Burhan-ud-din of Marghinan in Ferghana (who died A.D. 1196) thirteen years to write. The glosses on the Hedaya, of most repute in India, are the "Nihaya," the Inaya," the "Ghait-ul-bayan," the " Ghait-ul-bayan," the "Kifaya," and the "Fath-ul-Kadir." The Nihaya is important as supplying the omission of the law of inheritance in the Hedaya; but a far better book on this subject is the "Faraiz-us-Sirajiya." The Hedaya was translated into Persian and subsequently into English by Mr. Hamilton, under the auspices of Warren Hastings. The chief work in Turkey is the Multaka-ul-Abhar," by Shaikh Ibrahim, of Aleppo, who flourished under Solyman the magnificent.

Of the Fatawa, the most important are the Fatāwai Kazi

Khan and the Fatawai Alamgiri. Kazi Khan was a contemporary of Burhan-ud-din, and his work is received in the courts as of equal authority with the Hedaya. The "Fatāwai Alamgiri" were compiled by the orders of the Emperor Aurangzib Alamgir, and are referred to in Western works as the Hindieh. In the original the names of the authorities from which the decisions are collected are invariably given with many of the reasons and often with comments by the compilers, the learned mufti's of the courts. The most practical and well-reasoned work of this class is the "Radd-ul-Mukhtar," by Md. Amin (the Syrian), which contains a critical résumé of previous decisions, the opinions of the most important earlier legists, with a full account of the recognised and accepted principles in modern times. The best-known writer of the Maliki sect is Sidi Khalil, whose encyclopædic work has been translated into French by M. Perron, under the patronage of the French Government. The chief works of the Shiahs would seem to be the "Istibsar," the "Nihaya," and the "Mabsut of Md. al Hasan" surnamed the "Shaikh," the Kitab-ul-Intizar Murtaza, surnamed "Al Huda" (the guide) of Saiyid, the Sharaza-ul-Islam. As to the last, our author says: "It is hardly possible to exaggerate the baleful influence of this legist among the Shiah communities, which have adopted his views. His literal views have paralyzed all movements of the intellects." The "Jamaaus-Shittat," a grand collection of decisions and dicta, was published within the last century in Persia by the leading mujtahids of Teheran.

Causes of the Present Stationary Condition of Mohammedan Nations.-The present stationary condition of the Mohammedan nations as compared with their rapid progress in the early centuries of Islam is due, according to Syed Amir Ali, to the general view that no one who had not obtained to the factitious or empirical stage of judicial knowledge possessed by the mujtahids of the first three centuries can aspire to freedom of legislation or liberty of

THIRD SERIES. VOL. XXI.

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judgment. He points out that the same blight has fallen over Shiah ideas by the introduction among the common folk of the Akbari rather than the Usuli doctrine. The freedom of judgment, he says, "allowed by the latter school gave ample scope to social progress and moral develop

ment."

Rafaa ed Dainism.-Shafeism now stands forth in the presence of the Sunnis as the embodiment of those aspirations for moral regeneration and legal reform which are agitating so many minds in Islam. In India, under the name of Rafaa ed Dainism, it is measuring strength with Hanafism in its very strongholds. The word Rafaa ed dain means "The raising of the hands." The Shafeis, Malikis, and Hanbalis all do this when uttering the words "Allahu-akbar," (the takbir). The Hanafis raise theirs no higher than their ears and recite the word "Amen" very softly. The right of the non-conformists (“Ghair-mukallids") to say their prayers according to their own ritual in the mosques frequented by Sunnis have formed the subject of much litigation, but it has now been decided that they may do so so long as they do not interrupt or disturb the worship of others. Curiosities. The following are a few curiosities of Mohammedan law. The definition of a "fakir" by Kazi Khan is quoted. He says: "A person is called fakir," (indigent) "who has only a lodging" (and nothing more), "and he would be entitled to zakāt" (poor rate or religious alms) as well as the benefit of a wakf for the poor. Similarly, a person who has only a lodging but no wherewithal for a subsistence, though he may have an attendant, is a fakir. A person who has only a few necessary raimentsand nothing else is a fakir."

A special legacy of a drum for amusement is null and void, unless it can at the same time be used for warlike purposes and for pilgrimages.

Mohammedan law does not seem to hold that "A pound of feathers is heavier than a pound of lead," for we read

that a person who has hired an animal to carry a certain quantity of cotton would not be at liberty to load the animal with "a similar quantity of iron," since the carriage of the latter would probably be more prejudicial to the animal.

District officers in India will be interested in the following: "Trees planted in a mosque become the property of the mosque, as they are on the same footing as a building erected within the mosque (premises). But trees planted by the side of a public canal or a village reservoir remain the property of the owner, and he can transplant them."

The worn out mats and the broken beams of a mosque may be sold, but this is only lawful on the condition that these articles should serve as fuel.

Shrewd Sayings.-The shrewdness of the Prophet and his followers often takes amusing turns. We are told that when a wakf is made for students, and the wakf is small, only poor students will be supported. But generally the word "student" implies want, and when a wakf is made for students in general, it is confined to indigent students alone "for students are almost all in straitened circumstances.' The (modern) jurists hold that in these times it is not necessary to apply to the Kazi for the appointment of a mutawali, "as the Kazis of our times have proved themselves not trustworthy." If of two sons one is very pious, and the other is best acquainted with the affairs of the wakf and its management, "the towliat should be given to the latter if he is trustworthy."

Female Testimony.-Pace the ladies! "In cases where property only is concerned, the testimony of one witness on oath may be received, or of one male and two females, and the testimony of even a single female witness may be received as establishing the right of a legatee to a fourth part of what she testifies to; of two women as supporting his claim to a half, of three as to three-fourths, and of four as to the whole." As to the appointment of executors or guardians, the Mohammedan law will not admit of female testimony.

Lastly, the fifth tradition of the Prophet is to be noted. It runs "The thing with which a man maintains himself is a charity."

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Interesting Law Points.-To turn now from these lighter matters to interesting points of Mohammedan law, it is noticeable that, "as a matter of fact, no analogy drawn from English law with regard to trusts and settlements can assist in the comprehension of the Mohammedan law relating to wakfs. Under the English law a perpetuity is bad; under the Mussulman law, without any difference, perpetuity is an essential element in the constitution of a wakf." Neither the ces-tui qui trust nor the manager can grant a lease of wakf property for a long period. The mutawali is a mere manager; he has no power of mortgage, sale, or lease over the wakf property, even for a necessity, save and except so far as is provided in the wakfnameh.

Wakf.-Wakf is the subject treated of at most length in this book. The institution of wakf seems to have been a device to save property from the rapacity of Sovereigns. A wakf, besides being inalienable and non-hereditable, is imprescriptible—that is, it cannot be subject to the rights of the Sovereign as private property.

Wills.-M. Sautayra is quoted as follows: "A will from the Mussulman's point of view is a divine institution, since its exercise is regulated by the Koran. It offers to the testator the means of correcting to a certain extent the law of succession, and of enabling some of those relatives who are excluded from inheritance to obtain a share in his goods, and of recognising the services of a stranger, or the devotion to him in his last moments."

The position of an executor differs much from that assigned to him by English law. The legal estate does not rest in him. Abu Yusuf is reported to have said: "To enter upon an executorship for the first time is a mistake, for the second a fraud, and for the third a theft."

Temporary Marriages.-Many persons will be interested in the following: "Among the Akhbari Shiahs, or a certain

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