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Vol 23 No 5 May/June 2018

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Principles and Precedents of Moohummudan Law: Being a Compilation of Primary Rules Relative to the Doctrine of Inheritance (including the Tenets of the Schia Sectaries), Contracts and Miscellaneous Subjects

ISBN13: 9781108046572
Published: June 2012
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £35.99

William Hay Macnaghten (1793-1841), of the Bengal Civil Service, published this work in 1825. It is a compilation of principles and precedents of Islamic law, focusing on family, inheritance and property law, including the status of slaves. Born in India and from a legal family, Macnaghten used his skill in languages as well as his legal training to produce this monumental work, and a similar two-volume treatise on Hindu law (1828-9). Quoting from both Sanskrit and Arabic sources, Part I discusses the principles of family law, inheritance, sales, wills, and slavery, while Part II offers precedents in all these areas, and an appendix gives details of the cases cited. Macnaghten was involved in political as well as legal work, and the disastrous First Anglo-Afghan War was begun largely on his advice. He was killed by an Afghan leader during negotiations outside Kabul in 1841.

Legal History, Islamic Law
Preliminary remarks

Book I:
1. Principles of inheritance
2. Of inheritance according to the Imameeya, or Schia doctrine
3. Of sale
4. Of Shoofaa, or pre-emption
5. Of gifts
6. Of wills
7. Of marriage, dower, divorce, and parentage
8. Of guardians and minority
9. Of slavery
10. Of endowments
11. Of debts and securities
12. Of claims and judicial matters

Book II:
1. Precedents of inheritance
2. Precedents of sale
3. Precedents of pre-emption
4. Precedents of gifts
5. Precedents of wills
6. Precedents of marriage, dower, divorce and parentage
7. Precedents of guardians and minority
8. Precedents of slavery
9. Precedents of endowments
10. Precedents of debts and securities
11. Precedents of claims and judicial matters

Appendix. Original Arabic extract, containing authorities for the principles contained in the first book
Names of the parties in the cases, and designations of the courts in which the opinions cited as precedents were delivered