cover image: Tagore Law Lectures — 1884. The Law Relating to Gifts  Trusts  and Testamentary Dispositions among the Mahommedans. According to the Hanafi  Maliki  ShâfeÏ and Shiah Schools  Compiled from Authorites in the original Arabic with Explanatory Notes and References to Decided Cases  and an Introduction on the Growth and Development of Mahommedan Jurisprudence

Premium

20.500.12592/9104zr

Tagore Law Lectures — 1884. The Law Relating to Gifts Trusts and Testamentary Dispositions among the Mahommedans. According to the Hanafi Maliki ShâfeÏ and Shiah Schools Compiled from Authorites in the original Arabic with Explanatory Notes and References to Decided Cases and an Introduction on the Growth and Development of Mahommedan Jurisprudence

1885

One of the objects of the Act, as stated in the preamble, was that the in- habitants should be maintained and protected in the enjoyment of all their ancient laws, usages, rights and privileges. " Had the question been res Integra, it would have been fairly open to contention, whether it was ever the intention of the Legislature to make any change in the personal laws of the inhabitants of this c [...] Regard, however, being had to the decision in the case of Musleah v. IVIusleahl and other cases;_lt would appear that the tendency of the Courts has been to restrict the operation of the personal laws, in the main, to Hindus and Mahommedans. [...] The question of the /mdmat, that is the spiritual headship of the Mussulman Commonwealth," forms the most distinctive feature of difference between the Sunnis and the Shiahs, and gives a characteristic complexion to the juridical doctrines of the two schools. [...] The Shiahs repudiate entirely the authority of the JaniciR, (or the universality of the people,) to elect a spiritual chief who should supersede the rightful claims of the persons indi- cated by the Founder of the Faith, whilst the Sunnis re- gard the decisions of the assemblies, however obtained, as of oecumenical importance. [...] Though the doctrines of these schools are essentially the same as regards fundamental dogmas (usii/,) they differ from each other in the respective weight allowed to kyds, and the application of private judgment in the interpre- tation'and exposition of the law. 16 THE DEVELOPMENT OF THE MAROMMEDAN LAW.
law
Pages
658
Published in
India
SARF Document ID
sarf.100014
Segment Pages Author Actions
Frontmatter
i-xx Ameer Ali view
Errata
xxi-xxii Ameer Ali view
Addenda
xxiii-xxiii Ameer Ali view
Introduction
1-36 Ameer Ali view
Chapter I. The Law Relating to Gifts
37-109 Ameer Ali view
Chapter II. Formalities Relative to Gifts
110-138 Ameer Ali view
Chapter III. The Revocation of Gifts
139-166 Ameer Ali view
Chapter V. The Shiah Law Relating to Hiba or Gifts
167-174 Ameer Ali view
Chapter VI. The Law of Gifts According to the ShâfeÏ Doctrines
175-177 Ameer Ali view
Chapter VII. The Law Relating to Wakf or Trusts
178-244 Ameer Ali view
Chapter VIII. The Mutwalli
245-278 Ameer Ali view
Chapter IX. The Powers of the Wakif
279-283 Ameer Ali view
Chapter X. Wakf to Non-Existing Objects
284-288 Ameer Ali view
Chapter XI. Principles of Construction
289-355 Ameer Ali view
Chapter XII. The Shiah Law Relating to Wakf
356-392 Ameer Ali view
Chapter XIII. The Mâliki Law Relating to Wakfs
393-409 Ameer Ali view
Chapter XIV. The Law of Wakf According to the ShâfeÏ School
410-415 Ameer Ali view
Chapter XV. Rules of Procedure
416-435 Ameer Ali view
Chapter XVI. The Law Relating to Wills
436-470 Ameer Ali view
Chapter XVII. Who may be Legatees or Devisees
471-511 Ameer Ali view
Chapter XIX. What may be Devised
512-542 Ameer Ali view
Chapter XX. Executors
543-594 Ameer Ali view
Appendices
595-606 Ameer Ali view
General Index
607-635 Ameer Ali view

Related Topics

All