The Mohummudan Law of Inheritance According to Aboo Huneefa and his Followers (The Prevailing Sect in India)

The references to the Jowlutrut-ooNey-. yerah a commentary on the Koodooree are to a copy which belonged to a Kazee-ool Koozzat of the Sudder Dewany Adawlut of Calcutta ; and those to the Kifayah and the Inayah both commentaries on the Ifidayah and to the valuable collection called the IFIttawa Alumgeeree are made to the editions printed at Calcutta. [...] According to the author of the Hedaya hoever if the bequest were a third of the testator's dirhems or a third of his goods and two-thirds of them should perish leaving the remaining third still within a third of his whole estate the legatee would be entitled to the whole of the remaining third. [...] 9 fective contracts of sale the general preservation of his property the payment of debts the discharge of specific legacies the manumission of a specific slave the litigation of the deceased's rights the acceptance of gifts the sale of articles to which any loss or damage may be apprhended and generally of all perishable commodities.35 With regard to debts it is only out of property o [...] The reason assigned by the author of the Sirajiyyalt for die difference of country being a bar to inheritance is the want of mutual protetion to the subjects of different states ;38 and it is applicable only to a state of actual warfare which was probably the condition of the whole world; so far as the author was acquainted with it at the time that he wrote. [...] The comment on the text also implies a state of hostilities ; for it supposes by way of illustration that if a soldier of one of the states fall in the way of the troops of the other they may lawfully put him to death.3 It seems therefore probable that in the present age of the world the subjects of different countries may lawfully inherit to each other. if there be no other legal impediment