The Calcutta Law Journal Short Notes of Cases Articles and other Matters 30th June 1905

Both in the Mahomedan system and in the western system the principle itself is necessarily an abstract idea and a mental entity although in the former religious considerations form basis for guidance in fixing and accepting the principle; whilst in the latter worldly prosperity and the good of the community ostensibly form the considerations and basis for the acceptance of the principle. [...] As regards the Illut the ways to get at it are various ; the first is the Ijma the second is the Ness or Kooran and Hudees ; the third is Sibr and Tnkseem or Indution and Deduction that is to say to array causes and then to accept and reject them ; the fourth is MoonasubUt and Ikhalut or the quality of fitness and appropriateness in human acts so as to have a tendency sufficient to conform [...] The command of which Murzul Mout is the cause is the future connection )f the right of the heir ; that is to say when Death actually takes place : and this connection of the right of heir is the cause of Hujur or prohibition and inhibition in regard to the sick man's right to a free disposition of property. [...] Removal of inconvenience by reason of the difficulty in knowing the real That although such knowledge is possible : as in the case of journey or Safur and sickness or Mnrz in which the journey or sicness itself is pat in the place of inconvenience or pain in regard to the application of the role of Rukhs or relaXation : and for instance period of purity or Toohr which is put in the place of nec [...] V.—The Subub for the Sudka-i-Fitr or the Ed gift 'to the poor is the (muoonut or) protection afforded to the (Ras or) head (or indivi dual) by such gifts: but the thing protected being the head the latter gets into the place of protection and becomes the Subub of the gift.