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DICTIONARY OF ISLAM.
A sect of heretics who say it is impossible for mortal man to be certain of any fact, even of man's own identity.
The son of Rabi'ah ibn Ja'far al-'Amiri, a celebrated poet in the time of Muhammad who embraced Islam, and who is said to have died at al-Kufah at the advanced age of 157 years. The Prophet is related to have said, "The truest words ever uttered by a poet are those of Labid,- 'Know that everything is vanity but God'" (Mishkat, book xxxii. ch. x. pt. 1.) [POETRY.]
The hollow made in a grave on the Qiblah side, in which the corpse is placed. It is made the same length as the grave, and is as high as would allow a person to sit up in it.
Lit. "Extinction" or "absorption." (1) The last stage of the mystic journey. (2) Divinity. (3) Life penetrating all things. [SUFIISM.]
A brnach of the Huzail tribe, which inhabited, in the days of Muhammad, as they still do, the vicinity of Makkah. Muhammad formed an expedition against them, A.H. 6, on account of their treacherous attack on a small party of Muslims at Raji.
Lit. "The Blessed Night." [LAILATU 'L-QADR.]
"The night of power." A mysterious night, in the month of Ramazan, the precise date of which is said to have been known only to the Prophet and a few of the Companions. The following is the allusion to it in the Qur'an. Suratu 'l-Qadr (xcvii.):-
"Verily we have caused it (the Qur'an) to descend on the Lailatu 'l-Qadr.
Who shall teach thee what the Lailatu 'l-Qadr is?
The Lailatu 'l-Qadr excelleth a thousand months;
Therein descend the angels, and the spirit by permission
Of their Lord in every matter;
And all is peace until the breaking of the dawn."
This night must not be confused, as it often is, with the Ahab-i-Bara'ah, which is generally called Shab-i-Qadr, or the night of power, but which occurs on the 15th of Sha'ban. [SHAB-I-BARA'AH.]
The excellences of the Lailatu 'l-Qadr are said to be innumerable, and it is believed that during it solemn hours the whole animal
and vegetable creation bow down in humble adoration to the Almighty.
The "night of supererogatory devotions." A festival observed on the first Friday in the month Rajab, by certain mystic leaders who affirm that it was established by the Prophet; but it is generally rejected by orthodox Sunnia. (See Raddu 'l-Muhtar, vol. i. p. 717,)
LAIS An Arabic tribe descended from Kinanah. Al-Baizawi says they thought it unlawful for a man to eat alone, and were the cause of the verse in the Qur'an, Surah xxiv. 60; "There is no crime in you, whether ye eat together or separately."
"Imprecation; curse; anathema." A word used thirteen times in the Qur'an, e.g. Surah ii. 83: "The curse of God is on the infidels."
Arabic arz balad , mulk .
The following are some of the principal rules of Muslim law relating to land :—
(1) Tithes or Zakat on lands.—Upon every thing produced from the gronnd there is due a tenth, or 'ashir, 'ushr (Heb. ) whether the soil be watered by the annual overflow of great rivers, or by periodical rains; excepting upon articles of wood, baniboos, and grass, which are not subject to tithe. Land watered by means of buckets or machinery, such as Persian wheels, or by watering camels, are subject to only half tithes. (Hidiyah, vol. i. p. 44.)
(2) Conquered lands become the property of the state. Those of idolatore remain so. Those belonging to Jews, Christians, or Fire worshippers, are secured to the owners on payment of tribute. Those who afterwards embrace Islam recover their property, according to ash-Shafi'i, but not according to the Hanifah school. Upon the Muslizfa army evacuating an enemy's country, it becomes unlawful for the troops to feed their cattle on the land without due payment. (Hidayah, vol. ii. p. 170.) (3) Appropriation for religious uses.—Land may be so appropriated; but if a person appropriate land for such a purpose and it should. afterwards be discovered that an indefinite portion of it was the property of another person,,the appropriation is void with respect to the remainder also. The appropriation must also be of a perpetual and not of a temporary nature. (Hidayah, vol. ii. p. 340.)
(4) The sale of land is lawful. In such sates the trees upon the land are, included in the sate, whether specified Or not; but neither the grain growing on the ground, nor the fruit growing on the trees, are included, unless specified. But in the case of the fruit or corn being purchased with the land, it must be gathered or cleared away at once. In the sale of ground, the seed sown in the ground is not included. Land may be resold previous to seizing or possession, by the first purchaser, according to Abu Hanifah, but the Iman Muhammad says it is unlawful. Wells and watercourses are not included in the sale of lands unless specified. (Hidayah, vol. ii. pp. 372, 481, 503.)
(5) Claims against land must be made by the plaintiff, defining the four boundaries and specifying the names of each possessor, and the demand for the land must be made in explicit terms. And if the land has been resold, a decree must be given either for or against the last possessor, according to some doctors. (Hidayah, vol. iii. p. 65.)
(6) Land can be lent, and the borrower can build upon it, but when the lender receives back his land, he can compel the borrower to remove his houses and trees. Land lent for tillage cannot be resumed by the lender until the crops sown have been reaped Abü Hanifah maintains that when land is lent to another, the contract should be in these words, "You have given ins to eat of this land." (Hidayah, vol. iii. p. 284, 288.)
(7) A gift of land which is uncultivated cannot be retracted after houses have been built on it or tree. planted. If the donee sell half of the granted land, the donor in that case may. if be wishes, resume the other half. If a person make a gift of land to his relative within the prohibited degrees it is not lawful for him to resume it. (Hidiyah, vol. iii. p. 302.)
(8) The Ijarah, or rental of land, is lawful, but the period must be specified, otherwise the rent may be demanded from day to day. But a lease of land is not lawful unless mention is made of the article to be raised upon it, and at the expiration of the lease the land must be restored in its original state. A hirer of land is not responsible for accidents; for example, if in burning off the stubble he happen to burn other property, he is not responsible for loss incurred. (Hidiyah, vol. iii. p. 314, &c.)
(9) The cultivation of waste and unclaimed lands is lawful, when it is done with the permission of the ruler of the country, and the act of cultivation invests the cultivator with a right of property in them. But if the land be not cultivated for three years after it has been allotted, it may again be claimed by the state. (Hidayah, vol. iv. p. 128.)
(10) If a person be slain on lands belonging to anyone, and situated near a village, and the proprietor of the laud be not an inhabitant of the village, be is responsible for the murder, as the regulation and protection of those lands rest upon him. (Hidayah, vol. iv. p. 447.)
Arabic hudhud . The name in the Qur'an, Surah xxvii. 20, for the bird which carried the letter from King
Solomon to the Queen of Sheba. [SOLOMON] It the of the Old Testament, Lev. xi. 19, Deut. xiv. 18. Greek The modern Hoopoe.
The commentators al-Jalalan and al-Baizawi say that Solomon, having finished the temple of Jerusalem, went in pilgrimage to Makkah, whence, having stayed as long as he pleased, he proceeded towards al-Yemen; leaving Makkah in the morning, be arrived by noon at San'a', and being extremely delighted with the country, rested there. But wanting water to snake the ablution, he looked among the birds for the lap-wing, whose business it was to find it; for it is pretended she was sagacious or sharp-sighted to discover water underground, which the devils used to draw, after abs had marked the place by digging with her bill. They add that this bird was then taking a tour in the air, whence, seeing one of her companions alighting, she descended also, and having had a description given her by the other of the city of Snba', whence she was just arrived, they. both went together to take a view of the place, and returned soon after Solomon had made the inquiry given in the Qur'an: "He reviewed the birds and said,' How is it I do not see al-Hudhud? Is he, then, amongst the absent?
A surname. Either a title of honour or a nickname; e.g. Al-Husain ibn Mas'ud al-Farra, "the tanner"; Abu Sa'id Taja '1-Muluk, "the crown of kings"; Ibn Muhammad at-Taghlabi," of the tribe of Taghlah." [NAMES.]
In its primitive sense, signifies anything lifted front the ground, but in the language of the law it signifies a child abandoned by those to whom it properly belongs. The person who finds the child is termed the multaqit, or the taker up. [FOUNDLING.]
Arabic sariqah In the language of the law, sariqah signifies the taking away the property of another in a secret manner, at a time when such property is in custody. Custody is of two kinds; 1st, by place, for example, a house or a shop; and, 2nd, by personal guard, which is by means of a personal watch over the property. If an adult of sound understanding steal out of undoubted custody ten dirhams, or property to the value of ten dirhams, the Muhammadan law awards the amputation of a band, for it is said in the Qur'an, Surah v.42: "If a man or woman steal, cut off their hands."
With regard to the amount of the value which constitutes a theft, there is come difference of opinion. According to Abu Hanifah, it is tea dirhams; according to ash-Shafi's, it is the fourth of a dinar, or twelve dirhams; whilst Malik holds that the sum is three dirhams.
The freeman and the slave are on equal footing with respect to punishment for theft, and the hand of the slave is to be struck off in the same manner as the hand of a free Muslim.
The theft must be eatablished upon the testimony of two witnesses, but the magistrate must examine the witnesses as to the manner, time, and place of the theft. The thief must also be held in confinement, or suspicion, until the witnesses be fully examined.
If a party commit a theft, and each of the party receive ten dirhams, the hand of each is to be cut off; but if they receive less than ten dirhams each, they are not liable to amputation.
Amputation is not incurred by the theft of anything of a trifling nature, such as wood, bamboos, grass, fish, fowls, and garden stuff.
Amputation is not incurred by the theft of such things as quickly decay and spoil, such as milk or fruit, nor for stealing fruit whilst upon the tree, or grain which has not been reaped, these not being considered as in custody.
The hand of a thief is not struck off for stealing any fermented liquor, because he rosy explain his intention in taking it, by saying, "I took it with a view to spill it"; and also because some fermented liquors are not lawful property.
The hand is not to be cut off for stealing a guitar or tabor, these being of use merely as idle amusements.
Amputation is not incurred by stealing a Qur'an, although ash-Shafi maintains that it is.
There is no amputation for stealing the door of a mosque. Nor is the hand struck oft for stealing a crucifix or a chess board, as it is in the thief's power to excuse himself by saying, "I took them with a view to break and destroy them, as things prohibited." It is otherwise with a coin bearing the impression of an idol, by the theft of which amputation is incurred; because the money is not an object of worship.
The hand is not to be struck off for stealing a free-born infant, although there be ornaments upon it, because a free person is not property; but amputation is incurred by stealing an infant slave, although the stealing of an adult slave does not incur amputation, as such an
act dose not come under the description of theft, being an usurpation or a fraud.
Amputation is not incurred for stealing a book, because the object of the thief can only be its contents and not the property.
The hand is not cut oft for stealing a cur-dog, because such an animal is common property; nor for stealing utensils made of wood.
There is no amputation for stealing from the public treasury, because everything there is the common property of all Muslims, and in which the thief, as a member of the community has a share. And if a person steal from property of which he is in part owner, amputation is not indicted. Nor if a creditor steal from his debt is the hand cut off.
The right hand of the thief is to be out off at the joint of the wrist and the stump afterwards cauterised, and for the second theft the left foot, and for any theft beyond that he must suffer imprisonment.
The name of an Idol worshipped by the ancient Arabians, probably the Alilat of Herodotus. The idol Lat is mentioned in the Qur'an in conjunction with the two other idols, al-' Uzza and Manat. See Surah liii. 19: "What think ye, then, of al-Lat and al-'Uzza, and Manat, the third idol besides?"
In connection with this verse there is an interesting discussion. (See Muir, new ed. p. 86.) Al-Wiqidi and at-Tabari both relate that, on a certain day, the chief men of Makkah assembled in a group beside the Ka'bah, discussed,, as was their wont, the affairs of the city, when the Prophet appeared, and seating himself by them in a friendly manner, began to recite the 53rd chapter of the Qur'an; and when be had reached the verse "What think ye then of al-Lat, and al-'Uzza, and Manat, the third idol besides?" the Devil suggested words of reconciliation and compromise with idolatry, namely, "These are exalted females, and verily their intercession is to be hoped for." These words, however, which were received by the idolaters with greet delight, were afterwards disavowed by the Prophet, for Gabriel revealed to him the true reading, namely, " What think ye then of al-Lat, and al-'Uzza, and Manat the third idol besides? Shall ye have male progeny and God female? This, then, were an unjust partition! Verily, these are mere names which ye and your tethers have given them."
The narrative thus related by al-Waqidi end at-Tabari is given as an explanation of Surah lxii. 51 "Nor have we sent any apostle or prophet before thee into whose readings Satan hath not injected some wrong desire."
"The Mysterious or the Subtle One." One of the ninety nine attributes of God. Surah vi. 103: "For He is the Subtle (al-Latif), the All-informed (al-Khabir).
A term used by Sufi mystics for any sign or influence in the soul, derived from God, which has such a mysterious effect on the heart that mortal man cannot express it in language, just as a delicious taste in the month cannot be exactly expressed by the tongue. (Kitibu 't-Ta'rifat, its locc.)
Arabic zahk, zihk . Heb. (Gen. xviii, 13.) Immoderate laughing is generally condemned by- Muhammadan teachers, for 'Ayishah relates that Muhammad "never laughed a full laugh so that the inside of his mouth could be seen; he only smiled." (Mishkat, book xxii. ch. vii)
"The preserved tablet." In the Hadis and in theological works it is used to denote the tablet on which the decrees of God were recorded with reference to mankind. In the Qur'an it only scours once, when it refers to the Qur'an itself. Surah lxxxv. 21, 22: "It is a glorious Qur'an written on the preserved table." The plural alwah ocours in Surah vii 142, for the tables of the law given to Moses.
The words used by Muslims to express "the law," are ash-Shari'ah and ash-Shar' , the meaning of which is "the way." The compiler of the Ghiyazu 'l-Lughah defines it as "the way or road in the religion of Muhammad, which God has established for the guidance of His people, both for the worship of God and for the duties of life." The term ash-Shari'ah occurs once in the Qur'an, Surah xlv. 17: "We (God) put thee (Muhammad) in the right way concerning the affair?" The term ash-Shir'ah is almost obsolete in books on Muslim theology, but it occurs once in the Qur'an, Surah v. 52: "To every one have we given a right way."
In the Traditions and theological works, the word ash-Shar' is generally used to express the law of Muhammad. The Hebrew occurs in the Qur'an as Taurit, and is always used for the law of Moses. [TAURET.]
According to Muslim doctors, ash-Shar', or "the Law," may be divided into five sections: I'tiqadat, "belief"; Adab, "moralities"; 'Iladat, "devotions"; Mu'amalat, "transactions"; and 'Uqabat, "punishments."
(1) I'tiqadat, embraces all that is contained in the all articles of the Muslim faith, namely, Belief in (a) God; (b) His angels; (c) His Books; (d) His Prophets; (e) The Day of Judgment; (f) The Decrees of God. This section of Muslim law is termed 'Ilmu 'l-'Aqa'id or, "The Science of the Articles of Belief," and includes all branches of scholastic theology. The books chiefly consulted on this subject in the present work- are the Sharhu 'l-Muwaqif, by Saiyid Sharif-al-Jurjani, and the Sharhu 'l-'Aqa'id, by Mas'ud Sa'du 'd-din at.Tafazani.
(2) Adab embraces the consideration of all
those moral excellences which are enjoined in the Qur'an and Traditions, as Ikhlas, "sincerity" Tawwukul, "confidence in God"; Tawazu, "humility"; Tafwiz, "resignation"; Qasru 'l-Amal, "keeping down one's expectation"; Zuhd f'i dunya, "renunciation of the world"; Nasihah, "giving good counsel and advice"; Qana'ah, "contentment;" Sakhawah, "liberality;" Hubb, "love to God and man"; Sabr, "patience"; &c. (See Majma'u 'l-Bihar, vol. ii. p. 422.)
(3) 'Ibadat, includes all acts of devotion to God, such as are included in the five pillars of practice: (a) Recital of the Creed; (b) Prayer; (c) Zakat, or "legal alms"; (d) Saum, or "fasting"; (e) The pilgrimage to Makkah. It will also embrace such religious acts as Jihad, or warfare for the propagation of the religion of Islam.
(4) Mu'amalat. includes such duties as are required between man and man, and is divided into Mukhasamat, "altercations"; Munakahat "nuptials"; Amanat, "securities." Under these three heads are embraced all the 'various sections of civil jurisprudence such as barter, sale, agency, larceny, marriage, divorce, dower, partnership, claims, etc.
(5) 'Uqubat, denotes the punishments instituted in the Qur'an and Traditions, namely, (a) Qisas, "retaliation"; (b) Haddu 's-sariqa, punishment for theft by the loss of a hand; (c) Haddu 'z-zina, punishment for fornication and adultery, stoning for a married person and one hundred lashes for an unmarried person; (e) Haddu 'l-qazf, or punishment of eighty lashes for slander; Hadda 'r-riddah, or punishment by death for apostasy; Haddu 'sh-shurb, or punishment with eighty lashes for wine-drinking.
The two common divisions of Muhammadan law are Ilmu 'l-Kalam, or 'Aqai'id, embracing all matters of faith; and 'Ilmu 'l-Fiqh, which includes all matters of practice as distinguished from articles of faith.
Muslim law is also divided into two great distinct ions of Masr'ü', "lawful." and Ghairu 'l-mashr', unlawful," or, as it is expressed in Persian, Rawa and Narawa.
That which is lawful iv graded into five classes. (1) Farz, that which is proved beyond all doubt to have been enjoined either in the Qur'an or in a tradition of undoubted authority, and the denial or disobedience of which is positive infidelity. (2) Wajib, that which is obligatory, but of which there is some doubt whether or not it was enjoined in the Qur'an or in a tradition of undoubted authority. (3) Sunnah, that which was practised by Muhammad; (4) Mustahabb, that which Muhammad and his Companions sometimes did and sometimes omitted; (5) Mubah, that which is desirable, but which may be omitted without fear of sin.
Things which are unlawful are graded into three classes: (1) Mufsid, that which is most vicious and corrupting, a mortal sin; (2) Haram, that which is distinctly forbidden; (3) Makruh, that which is generally held to be unclean.
These distinctions of lawful and unlawful, with their various subdivisions, apply to all branches of Muslim law, whether it relate to ordinary duties of life, or of devotion to God. It will be seen how important a place the example, practices, and sayings of Muhammad occupy in the moral law of Islam.
This branch of Muslim law is called as-Sunnaah, or the custom of Muhammad, and is distinguished as—
(1) Sunnatu 'l-'fili, that which Muhammad himself did.
It is therefore a serious mistake to suppose that the Qur'an contains all that is esteemed necessary for faith and practice in Islam; the example of Muhammad is as binding upon the Muslim as any injunction contained in the Qur'an itself, for neither that which is, Far; nor that which is Ss,sna/s can be omitted without sin.
The true origin and fountain of all law is the Qur'an and the Traditions, and no Muslim school of theology has ever rejected the Traditions. They are binding upon Sunni, and Shi'ah, and Wahhabi; the only difference between the Sunni and Shi'ah being that they receive different collections of Traditions. The Wahhabis receive those of the Sunnis, and call themselves Muhaddisin, or traditionists.
In addition to the Qur'an and Hadis (or Traditions), both Sunni and Shi'ah Muslims acknowledge the concurrence of the learned, called Ijma'', the Shi'ahs believing that they still possess Mujtahids capable of giving an infallible interpretation of the law; the Sunni,, on the other hand, confessing that, since the days of the four great doctors (Abu Hanifa, Malik, ash-Shafi'i, and Ibn Hanbal), Ijma' has not been possible; whilst the Wahhabis accept only the Ijma' of those who conversed with the Prophet himself. The fourth foundation of orthodoxy in both Sunni and Shi'ah schools is the system of interpretation called Qiyas, or ratiocination.
I. The Sunnis all receive the same collections of traditions, especially those which are known as the "six correct books," the Sahihu 'l-Bukhari, the Sahihu Muslim, the Sahihu 'T-Tirmizi, Sunanu Abi Da'ud, Sunanu an-Nasaf'i, and Sunanu Ibn Majah. The compilation by the Imam Malik, which is first in order of date, is also a collection of traditions of very great authority. (TRADITIONS.)
These different sects of Sunnis do not differ in usul, or fundamentals of religions belief, but in minor rules of practice, and in certain legal interpretations; but being of different opinions and broaching in some respects separate doctrines, four schools of jurisprudence have been established, known as Hanafi, Shafi'i, Hanbali, and Maliki.
The differences amongst these four Sunni schools are based either upon different tradi-
tions or upon different interpretations of the same traditions, also upon the various ways In which the liberty of qiysis, or ratiocination, s has been exercised. Consequently the number of works which have appeared on the subjects of scholastic science said jurisprudence, has been very great indeed.
We are indebted to Mr. Shams Charun Sircar, the learned and able Tagore Professor of Law in Calcutta, for the following resume of the principal Sunni writings on ash-Shar'.
"The chief works that treat generally of the doctrines of the four principal sects of the Sunnis, are mentioned by Haji Khalifah to be the Jami-el-Mazahib (Jami'u 'I-Mazahib), the Majmaa-ul-Khilafiyat, the Yanabiya-ul-Ahkam (Yanabi'u 'l-Ahkam), the Uyum, and the Zubdat-ul-Ahkam. The Kanz-ud-Dakaik (Kanzu 'd-Daqa'iq), by An Nasafi, is a book of great reputation, principally derived from the Wafi; and containing questions and decisions according to the doctrines of Abu Hanifah, Abd-Yusuf, Imam Muhammad, Zufar, Shafi'i, Malik, and others. Many commentaries have been written on the last mentioned work; the most famous of them is the Bahr-ur-Raik (al-Bahru 'r-Ra'iq), which may, indeed, almost be said to have superseded its original, at least in India. The Bahr-ur-Ra'ik is by Zainu-ul-Aabidin Bin Nujaim-ul Misri (Ibn Najim), A.H. 970. The Multaka-al-Abhar (Multaqa 'l-Abhar), by Shaikh Ibrahim Bin Muhammad al-Halabi, who died A.H. 956, is a universal cede of Muhammadan law. It gives the different opinions or doctrines of Abu Hanifah, Malik, Shafi'i, and Hanbal, the chief Mujtahid Imams and the founders of the four great sects of Sunnis, and illustrates them by those of the principal jurisconsults of the school of Abel Hanifah. it is more frequently referred to as an authority throughout Turkey, than any other treatise on jurisprudence.
"The digests inculcating exclusively the doctrines of each of the said four great sects are, indeed, numerous, though a very few of them which maintain the doctrines of the Maliki, or Sháfi'i, or Hanbali sects are used in India. Digests written by Malik or any of his followers are scarcely found in India "Of the digests maintaining the Maliki doctrines, two have lately appeared in France (by M. Vincent, 1842; M. Perron, 1843). The first work of Shafi'i, entitled the Usul or fundamentals, which contains the principles of the Muhammadan civil and canon law, may be classed as a digest. The Mukhtasar, the Mansur, the Rasa'il-ul-Mutabirah (ar-Rasa'ilu 'l-Mu'tabarah), and the Kitab-ul-Wasaik, are amongst the other works written by Abu Ibrahim Bin Yahiyi-al-Muzani, a distinguished disciple of Shafi'i, and a native of Egypt (Au. 264), and are according to the doctrines of Shafi'i. The works by Ibnu Hambal and his followers are few in number, and rare.
"The followers of the Hanifi sect, which obtains most commonly amongst the Muhammadans of India, have, like others, divided their law into two general branches or parts, respectively called the Fikah (law, religious ad secular), and Faraiz (the succession to, and division of, inheritance).
"The works which are on Fikah (Fiqh), and which are considered as the chief authorities if the Hanifi sect, are the following :—Abd Hanifah's own digest of law, entitled the Fikah-ul-Akbar(al-Fiqhu'l-Akbar). This is the first in rank, and has been commented upon by various writers, many of whom are mentioned by Haji Khalifah. The doctrines of that great lawyer, however, are sometimes qualified or dissented from by his two famous pupils, Abu Yusuf and Imam Muhammad. The work entitled Adab-ul-Kazi, which treats of the duties of a magistrate, is known to have been written by Abu Yusuf. Save and except this, no other work appears to have been composed by him. He, however, is said to have supplied his notes to his pupil Imam Muhammad, who made use of them in the composition of his own works. The works of Imam Muhammad are six in number, five of which are, in common, entitled the Zahir-ur-Rawayat (Zahiru 'r-Rawayat, conspicuous traditions or reports). They are: 1. The Jami-ul-Kabir (al-Jámi'u '-Kabir); 2. Jarni-us-Saghir (al-Jami'u 's-Saghir); 3. Mabsut fi Faru-ul-Hanifiyat; 4. Ziyadat fi Farnu-ul-Hamifiyat; and 5. Siyar al-Kabir wa Saghir. The Nawadir, the sixth and last of the known compositions of Imam Muhammad, though not so highly esteemed as the others, is still greatly respected as an authority.
"The next authorities among the Hanafis, after the founder of their sect and his two disciples, are the Imam Zufar Bin al-Hazi'l who was chief judge at Basrah, where he died (A.H. 158), and Hasan Bin Ziyad. These lawyers are said to have been contemporaries, friends, and scholars of Abu-Hanifah, and their works are quoted here as authorities for Abu Hanifah's doctrines, more especially when the two disciples are silent. The most celebrated of the several treatises known by the name of Adab-ul Kazi was written by Abu Bakr Ahmad Bin 'Umar ul-Khassaf (A.H. 261). An abridgement of the Hanafi doctrines, called the Mukhtasur ut-Tahavi, was written by Abu Jaafar Ahmad Bin Muhammad at-Tahavi (A.H. 331), who wrote also a commentary on the Jami us-Saghir of Imam Muhammad.
"The Mukhtasar lil-Kuduri, by Abu ul-Husain Ahmad Bin Muhammad al-Kuduri (A.H. 228) is among the most esteemed of the works which follow the doctrines of Abu Hanifah. There is a well-known commentary on the Mukhtasar lil-Kuduri, entitled Al-Jauharat un-Nayyirah, which is sometimes called Al-Jauharat ul-Munirah. The digest, entitled the Mabsut (al-Mabsut), was composed by Shams-ul-Aimmah Abu Bakr Muhammad as-Sarakhsi whilst in prison at U'zjand. This is a work of great extent and authority. He was also the author of the most celebrated work entitled Al-Muhit (al-Muhit), which is derived in a great measure from the Mabsut, the Ziyadat, and
the Nawadir of Imam Muhammad. The work entitled the Muhit by Burhan-ud-din Mahmud Bin Ahmad, already spoken of. is not so greatly esteemed as the Muhit as-Sarakhsi (Muhtu 's-Sarokhsi). A compendium of Al-Kuduri's Mukhtasar, which he entitled the Tuhfat-ul-Fukaha (Tuhfatu 'l-Fuqaha), was composed by Shaikh Ala-ud-din Muhammad as-Samarkandi. The work of Alaud-dinl was commented upon by his pupil Abu Bakr Bin Masuud.
"There ace several Arabic works on philosophical and theological subjects whitch bear the name of Al-Hiddayah (the guide). The work. entitled Al-Hidayah f'i-al-Faru, or the guide in particular points, is a digest of law according to the doctrines of Abi Hanifah and his disciples Abu Yusuf and Imam Muhammad. The author of this work is Shaikh Burhan-ud-din Ali (A.H. 593), whose reputation as a 1awyer was beyond that of all his contemporaries. This Hidayah is a commentary on the Badaya-ul-Mubtada, an introduction to the study of law, written by the same author in a style exceedingly concise and close. In praise of the Hidayah, Haji Khalifah says, 'It has been declared, like the Kuran to have superseded all previous books on the law; that all persons should remember the rules prescribed in it, and that it should be followed as a guide through life.' The Hidayah has, besides the Kifayah, many other commentaries, as a work of so great celebrity and authority is expected to have. The principal ones are the Inayah ('Inayah), the Nihayah, and the Fath-ul-Kabir.
"The name Inayah, however, is given to two commentaries on the Hidayah. Of these, the one composed by Shaikh Kamal-ud-din Muhammad Bin Mahmud, who died A.H. 786, is highly esteemed and useful. Supplying by way of innuendoes what was omitted or left to implication, also expressing what was understood in the Hidayah and explaining the words and expounding the passages of the original by the insertion of explanatory phrases the author of the Inanyah has rendered the work such as to be considered of itself one if his own principal works, with citations of passages from the Hidayah."
"The Nihayah is composed by Husam-ud-din Husain Bin Ali, who is said to have been. a pupil of Burhan-ud-din Ali. This is said to he the first commentary composed on the Hidayah: and it is important for having added the law of inheritance to the Hidayah which reals only of the Fikah. The commentary, entitled the Kifayah is by Imam-ud-din Amir Katib Bin Amir Umar, who had previously written another explanatory gloss of the same work, and entitled it the Ghayat-ul-Bayan. The Kifayah was finished A.H. 747, and, besides the author's own observations, it gives concisely the substance of other commentaries."
"The Fath-ul-Kubir lil-Aajiz ul-Fakir, by Kamal-ud-din Muhammad as-Siwasi, commonly called Ibnu Hammam, who died A.H 861. is the most comprehensive of all the comments on the Hiddyah. and includes a collection of decisions which render it extremely useful. The short commentary entitled the Fawdid, written by Hamld-ud-din Ali, Al-Bukhari, who died A.H. 667, is said to be the first of all the commentaries on the Hiddyah. The Wafi, by Abu-ul-Barakát Abd ullah Bin Ahmad, commonly called Hafiz-ud-din an Nasafi, and its commentary the Kafi, by the same author, are works of authority. An-Nasafi died A.H. 710."
"The Vikayah (al-Wiqayah), which was written in the seventh century of the Hijrah by Burhan ash-Shariyat Mahmud, is an elementary work to enable the student to study and understand the Hidayah. The Vikayah is printed, and invariably studied, with its celebrated commentary, the Sharh ul-Vikayah, written by Ubaidullah Bin Masuud. who died A.H. 745. The Sharh-ul-Vikayah contains the text of the Vikayah with a gloss most perspicuously explanatory and illustrative; so much so, that those chapters of it which treat of marriage, dower, and divorce, are studied in the Madrassahs of India in preference to the Hidayah itself. There are also other commentaries on the Vidayah, but not so useful as the above. On the Sharh-ul-Vikayah , again, there is an excellent commentary, entitled the Chalpi, written by Akhi Yusuf Bin Junid who was one of the then eight professors at Constantinople. This work was commenced to be written about AH. 891, and completed A.H. 901; and the whole of it was published in Calcutta A.H. 1245 and extracts therefrom have been printed."
"The Nikayah (an-Niqayah), another elementary Law book, is the work of the author of the Sharh-ul-Vikayah. It is sometimes called the Mukhtasar ul-Vihayah, being, in fact, an abridgment of that work. Three comments on the Nikayah are much esteemed: they were written respectively by Abu ul-Makarim Bin Abdullah (A.H. 907), Abu Ali Bin Muhammad al-Birjindi (A.H. 935), and Shams ud-din Muhammad al-Khurasani Al Kohistani (A.H. 941). The last commentary is entitled the Jami-ur-Rumuz (Jami'u 'r-Rumuz), which is the fullest and the clearest of the lot. sea well as one of the most useful law books."
"The Ashbah wa an-Naza'ir (al-Ashbah wa 'n-Naza'ir) is also an elementary work of great reputation. It was composed by Zain al-Aabidin, the author of the Bahr-ur-Raik already mentioned. Hájl Khallfah speaks of this work in high terms, and enumerates several appendices to it that have been composed at different times. The treatise on exegesis entitled the Nur-ul-Anwar-fi Sharah ul-Manar (Nuru 'l-Anwar fi Sharah ul-Manar). by Shaikh Jun Bin Abel Sayyid Al-Makki (Shaikh Jiwan ibn Abu Sa'id), was printed in Calcutta (A.D 1819), and is frequently referred to as a book of authority. A small tract on the sources of the Sharaa, entitled Usul-ush-Shashi, together with an explanatory commentary, was printed in lithography, at Delhi, in the year A.D. 1847."
"The Tanwir-ul-Absar (Tanwiru 'l-Absar), composed by Shaikh Shams-ud-din Muhama-
mad Bin Abd-ullah-al-Ghazi (A.H. 995), is one of the most celebrated and useful books according to the Hanafi doctrines. This work has many commentaries. One of them, entitled the Manh-ul- Ghaffar (Manhu ‘l-Ghaffar), which is written by the author himself is a work of considerable extent.
"The Durr-ul-Mukhtar, which is another commentary on the Tanvir-ul-Absar, is a work of great celebrity. This work was written (A.H. 1071) by Muhammad Ala-ud-Din Bin Shaikh Ali al-Hiskafi. Though a commentary, it is virtually a digest, which of itself has several commentaries, the most celebrated of them is the Tahtavi a work used in India. Another commentary on the Durr-ul-Mukhtar is the Radd-ul-Muhtar. This is a very copious work, comprising an immense number of cases and decisions illustrative of the principles contained in the principal works. The Durr-ul-Mukhtar treats not only of the Fikah but also of the Faraiz. It is used by the followers of the Hanifi doctrines where ever they are, but it is most highly esteemed in Arabia, where it is studied and referred to in preference to other books of law."
"Many works have been written according to the doctrines of Abu Hanifah in the Turkish Empire, and are received there as authorities. The most celebrated of those is the Multaka-ul-Abhar, by Shaikh Ibrahim Bin Muhammad al-Halabi, the Durr-ul-Hukkam, by Mullah Khusru, Kamin-namai-Jaza a tract on penal laws, &c."
"The treatises on the laws of inheritence according to the doctrines of Shafi, are the Faraiz--ul-Mutawalli, by Abu Sayid Abd-ur-Rahman Bin Mamun-ul-Mutawalli (who died A.H. 478), the Faraiz-ul-Mukuddasi by Abu-ul-Fazi Abd-al-Malik Bin Ibrahim al-Hamadani Al-Mukuddasi, at Abd Munsur Abd-ul-Kahir Al-Baghdadi who died respectively in A.H. 489 and 429); Al- Faraiz-ul-Fazari, by Burhan-ud-din Abu Ishaq Al-Fazari, commonly called Ibnu Firkrah (who died in A.H. 729), and Al-Faraiz ul-Farikiyah by Shams-ud-din Muhammad Bin Killayri (who died A.H. 777)."
"Of the books on the law of inheritance according to the Hanifi doctrines, the most celebrated, and the one invariably consulted in India, is the Sirajiyyah (as-Sirajiyah),which is also called the Faraiz-as-Sajdwandi, being as it is, compossed by Siraj-ud-Din Muhammad bin Abd-ur-Rashid as-Sajawandi. This work has been commented upon by a vast number of writers, upwards of forty being enumerated in the Kashf-uz-Zunun, by Haji Khalifah. The most celebrated of these commentaries, and, the most generally used to explain the text of the Sirajiyyah, is the Sharifiyyah (ash-Sharif iyah), by Sayyid Sharif Bin Muhammad Al-Jurjani (who died A.H. 814)."
"There is another kind or digest which treats of the Ilm-ul-Fatawa (the science decisions). The works of this nature are also very numerous, and are, for the most part called Fatawa (decisions), with the names of their authors; and, though called Fatawa most of them contain also the rules of law as well as legal decisions. Of those again some treat of the Fikah alone, others of the Faraiz (inheritance) also, some of them, moreover treat of the decisions of particular lawyers, or those found in particular books others treat of those which tend to illustrate the doctrines of the several sects; whilst the rest of them are devoted to recording the opinions of learned jurists."
"There are several collections of decisions, according to the doctrines of Shfii. The one most esteemed seems to be the Fatawa Ibn as-Salah, by Abu Amru-Usman Bin Abd-ur Rahman ash-Shabrazuri, commonly called Ibn us-Salah, who died in A.H. 642. Ibnu Firkah, the author of the Fasaiz-ul-Fazdri (a treatise on inheritance), also made a collection of decisions according to the same doctrines, which is called, after his name the Fatdwa-i-Ibnu Firkah."
"Of the Fatawas of the Hanifi doctrines the following are generally known in India. The Khulasat ‘ul-Fatawa (Khulasatu ‘i-Fatawa), by Imam Iftikhar-ud-Din Tahir Bin Ahmad Al-Bukhari, who died A.H 542, is a select collection of decisions of great authority. The Zakhirat--ul-Fatawa (Zakhiratu ‘l-Fatawa), sometimes called the Zakhirat-ul-Burhaniyah, by Burhan-ud-Din Bin Mazah al Bukhari, the author, of the Muhit-ul-Burhani, is also a celebrated, though not a large, collection of decisions, principally taken from the Muhit. The Fatawa-i-Kazi Khan, by Imam Fakhr-ud-Din Hasan Bin Mansur al-U'zjandi al-Farghani, commonly called Kazi Khan, who died A.H. 592, is a work held in very high authority. It is replete with cases of common occurence, and is, therefore, of great practical utility, more especially as many of the decisions are illustrated by proofs and reasoniug on which they are founded. The two works entitled the Fusul-ul-Istursishi and Fusul-ul-Imadiah, were incorporated in a collection entitled the Jami-ul-Fusulain, which is a work of some celebrity. It was compiled by Badr-ud-Din Muhammad, known by the name of Ibn-ul-Kazi Simawanah (A.H 823). The Fatawa az-Zahiriyah, which contains decisions collected partly from the Khizanat-ul-Wakiyat, was written by Jahir-ud-Din Abu Bakr Muhammad Bin Ahmad al-Bukhari (A.H. 619). The Kuniyat-ul-Muniyat is a collection of decisions of considerable authority by Mukhtar Bin Mahammad Bin Muhammad as-Zahidi Abd-ur-Rija al-Ghazmini, surnamed Najm-ud-Din, who died A.H. 658. An-Navavi, the author of the biographical dictionary entitled the Tahzib-ul-Asthma (Tahzibu ‘l-Asthma), who died A.H, 677, made a collection of decisions of some note, which is called the Fatawa an-Navavi. He also composed a smaller work of the same nature, entitled al-Musil-ul-Muhimmat (‘Uyun al-Masa'ili ‘l-Muhimmah), arranged in the manner of question and answer. The Khizanat-ul-Muftiyin, by Imam Husain Bin Muhammad as-Samaani, who completed his work in A.H. 740, contains a large collection of decisions, and is a book of some authority in India. The Khizanat-ul-Fatawa, by Ahmad
Bin Muhammad Abu Bakr al-Hanafi, is a collection of decisions made towrds the end of the eighth century of the Hijrah, and comprises questions of rare occurrence. The Fatawa Tatar-Khamiyah was originally a large collection of Fatawas, in several volumes, by Imam Aalim Bin Ala al-Hanafi, taken from the Muhit-ul-Burhani, the Zakhirat, the Khaniyah, and the Zahriyah. Afterwards, however, a selection was made from these decisions by Imam Ibrabim Bin Muhammad al-Halabi, who died A.H. 956, and an epitome was thus formed, which is in one volume, and still retains the title of Tatar-Khaniyah. The Fatawa-i-Ahl-us-Samarkand, is a collection of the decisions of those learned men of the city of Samarkand who are omitted, or lightly passed over, In the Fatawa Tatar-Khamiyah and the Jami-ul-Fusulain, to both of which works it may be considered a supplement. The Fatawa az-Zainiyah contains decisions by Zain ul-Aabidin Ibrahim Bin Nujaim al-Miri, the author of the Bahr-ur-Raik and the Ashbah wa-an-Nazair. They were collected by his son Ahmad (about A.H. 970). The Fatawa ai-Ankzravi, a collection of decisions of al-Ankiravi by Shaikh-ul-Islam Muhammad Bin al-Husain, who died A.H. 1098, is a work of authority. The Fatawa Hammadiyah, though it seems to be a modern compilation, is a work of considerable authority.
"Tipu Sultan ordered a collection of Fatawis to be made in Persian by a society of the learned of Mysore. It comprises three hundred and thirteen chapters, and is entitled the Fatawa-i-Muhammadi."
"Mr. Harrington, in his analysis (vol. i. 2nd ed), mentions a few other books of Fatawa, viz, the Fatawa Bazáziah, the Fatawa Nakshbandiyah, the Mukhtar-ul-Fatawa, and the Fatawa Karakhani. The last of these he describes to be a Persian compilation, the cases included in which were collected by Mullah Sadar-ud-Din Bin Yakub, and arranged some years after his death by Kant Khan, in the reign of Sultan Ala-ud-Din."
"The following works of the present class, published at Constantinople, and containing decisions according to the doctrines of Abu Hanifah, may be noticed. A collection of Fatwas in the Turkish and Arabic languages, entitled the Kitabfi fi-Fikah al-Kadusi, composed by Hafiz Muhammad Bin Ahmad al-Kudusi in 1226. The Fatawa-i-Abd-ur-Rahim Effendi, is a collection of judgments pronounced at various times in Turkey, and collected by the Mufti Abd ur Rahim. It was printed in the year l827. Dabagzadeh Nuaman Effendf is the author of a collection of six hundred and seventy decisions which is entitled the Tufat us-Sukuk, and was published in the year 1832."
"The Jami-ul-Ijtaratin, (Jami'u 'l-Ijarat) is a collection of decisions relating to the law of farming and the tenure of land, by Muhammad Aarif. It was printed in the year 1836."
"A, collection of Fatwa relating to leases was published at Constantinople by M. D Adelbourg, in the year 1838. Prefixed to this collection are the principles of the law of lease, according to the Multaka; and it is followed by an analytical table, facilitating reference to the various decisions."
"Of the Fatwas which treat both of the Fikak and Faraz., two are most generally used in India. These are the Fatawa Sira-ji yyah and Fatawa Alamqiri. The Fatawa Sirajiyyah with, some principles, contains a collection of decisions in cases which do not generally occur in other books. The Fatawa Alamgiri, with opinions and precepts of laws contains an immense number of law eases This work, from its comprehensive nature, is applicable to almost every case that arises involving points of the Hanifi doctrines. Although opinions of modern compilers are not esteemed as of equal authority with those of the older writers on jurisprudence, yet being compossed by a great number of the most learned lawyers of the age, and by order of the then greatest person of the realm, the Emperor- Aurungseb Alamgar (by whose name the book is designated), the Fatawa Alamgiri is esteemed as a very high authority in India; and containing, as it does, decisions on cases of any shape based upon unquestionable authorities, this book is here referred to most frequently than any other work of a similar nature, and has not up to this day been surpassed by any work, except perhaps, by the Radd-ul-Muhtar, already spoken of during the long rule of the Muhammadans its India. the Fatawa Alamgiri alone appears to have been translated into Persian, by order of Zeb-un-nisa, daughter of the Emperor Arungzeb Alamgir. since the establishment of the British Government in India, the books of Jinayah and Hudud from the Fatawa Almagiri were translated into Persian, under the direction of the Council of the College of Fort William in Calcutta, by the then Kazi-ul-Zuzzat, Muhammad Najm ud-Din Khan, and were published in the year 1813, together with a Persian treatise on Tazirat, by the same author."
"In the came year the book on Tazirat from the Durr-ul-Mukhtar was translated, printed, and published, by Monlavi Muhammad Khailil-ud-Din, under the orders of Mr. Harrington, the then Chitef Judge of the late Sudder Dewany Adawlut."
"The Hidayah was translated into Persian by four of the most learned Moulavis of that time and of this country (India). Unfortunately, however, the learned translators have, in the body of the book, inserted many things by way of explanatory remark and illustrative expositions, instead of subjoining them in the form of notes. Furthermore, they have, in a considerable degree, deviated from the original. For all these reasons, we are warranted to say, that the Persian version of the Hidayah does not represent a true picture of the original.
"Macnaghten's Principles of Muhammadan Law were translated into Urdu and lithographed, many years ago, in Dehli. Another translation of the same work was made and published in Calcutta a few years ago.
" The work entitled the Bighyat-i-Bahis, by Al-Mutakannah, which is a tract treating of Zaid' s system of Faraiz was tranuslated into English by Sir Willian Jones. A translation of the Strajinayah also was made by Sir William Jones, who at the same time made an abstract translation of its celebrate commentary (the Sharifiyyah), with the addition of illustrations and exemplifications from his own brain and pen. A translation of the selected portions from the books of the Fatawa Alamgiri, which comprise the subject of sale, was published by Mr. Neil Baillie."
"The Persian version of the Hidayah, already noticed, was, by order of Warren Hastings, commenced to be translated into English by Mr. James Anderson, but shortly after, he being engaged in an important foreign employment, the translation was finished, and revised by his colleague, Mr. Charles Hamilton. It is a matter of regret that the translation in question was not executed from the original Hidayah itself, instead of from its Persian translation, which contains frequent explanatory remarks and illustrative expositions interpolated in the book itself, instead of being subjoined by way if notes. Added to this, the Persian translators have, in a considerable degree, deviated from the original."
"Of the digests of Muhammadan law in English, there first appears to be the chapter on criminal law of the Muhammadans as modified by regulations. This is incorporated in Harrington's Analysis of Bengal Requlations. An abstract of Muharnmadan law, which is from the pets of Lieutenant-Colonel -Vans Kennedy, will be found in the Journal of the Royal Asiatic Society. 'This work,' says Mr. Morley, ' is well worthy the attention of the student.' The work entitled the Principles and Practices of Muhammadan Law, written by Mr. (afterwards Sir) William Hay Macnaghten, is the clearest or easiest, if not the amplest or sufficient, work on that law hitherto written in English. Mr. Neil Baillie's Muhammadan Law of Inheritance, according to Abu Hanifah and his followers, with appendix containing authorities from the original Arabic, is an excellent work of the kind. The treatise on inheritance, gift, will, sale, and mortgage, compiled by Mr F K Elberling, a Danish judge at Semampore, in the year 1844, contains principles of Muhammadan law, with these of the other laws, as used in India."
"In the year 1865, Mr. Neil Baillie, the author of the work already mentioned, completed and published a digest of Muhammadan law on all the subjects to which the Muhammadan law is usually applied by the British Courts of Justice its India. It gives translations of almost all the principles and some of the cases contained in the Fatawa Alamgiri, the great digest of Muhammadan law in India, and quotes occasionally other available authorities. Being generally close to the original, and fully dealing with the subjects it treats of, this work must be said to he authentic, as well as the amplest of the digests of Muhammadan law hitherto written in English according to the doctrines of the Hanafi sect," (See the Tagore Law Lectures, 1873, by Sharma Churan Sircar; Thacker, Spring & Co. Calcutta.)
II. - The Shi'ahs, although they are divided amongst themselves into numerous sects which differ from each other in various points of religious belief, are unanimous in rejecting the collections of Traditions of the Sunnis. The Sunnis arrogate to themselves the title of Traditionists, but this does not imply that the Shiahs do not receive the Hadis, but merely that they reject that the 'six correct books" of their opponents."
The works on Hadis compiled by the Shiahs are very numerous, and they maintain that they ham earlier and more authentic collections than those of the Sunnia. They say that in the time of al-Hasan and al Husain, a certain person who was grandfather to 'Abdu 'llah ibn 'Ali ibn Abi Shu'bah al Halabi, collected traditions and gave them to his grandson for carefull record. This record was verified and corrected by Imam Ja'far as-Sadiq. The Sunni doctor, Abu Hanifah, was a pupil of this distinguished personage in his earlier days, but afterwards separated from him and established a school of his own.
There are four books of traditions, known as the Kutub-i-Arba'ah, which seem to beheld in the same estimation by the Shi'ahs, as the six Sahihs of the Sunnis. They are entitled the Tahzib, the Istibsar, the Kafi, and Man la Yastahzirah al-Faqih. [TRADITIONS.]
Mr. Shauna Churun Sircar, Tagore Professor of Law, has also reviewed the Shi'ah or Imamiyah, law books, and we are indebted to him for the following résumé:—
"One of the earliest works on civil and criminal laws was written by Abdullah Bin Ali al-Halabi. But it does not appear that any of his legal compositions are extant."
"A number of law-treatises of the present class was composed by Yunas Bin Abd ur-Rahmman (already spoken of as a writer on traditions). The most famous of these treatises is entitled the Jami-ul-Kabir."
"Several works on law were written by Abu al-Hasan Ali Bin al-Hasan al-Kumi, commonly called Ibnu Babavaih, one of which works is entitled the Kitabu ash-Sharayah. The Maknaa fi al-Fikah (Maqsa' fi 'l-Fiqh) is the best known of the law books of the present class composed by Abu Jaafar."
"Abu Abdullah Muhammad an-Nuamani, surnamed the Shaikh Mufid, and Ibnu Mualhim, a renowned Shiah lawyer, is stated to have written two hundred works, amongst which one called the Irshad is well known. When Shaikh Mufid is quoted in conjunction with Abu Jaafar at-Tusi, they also ares spoken of as 'the two Shaikhs' (Shaikhain)."
"'The chief works on law, written by Abd Taafar Muhammad at-Tusi (Abu Ja'far Muhammad at-Tusi), are the Mabsut, the Khilaf, the Nihayah, and the Muhit. These works are held in great estimation. and he is considered one of the highest authorities in law. The Risalat-i-Jaafariyah, which is likewise a legal treatise by at-Tusi, which is frequently quoted.
"The Sharaya ul-Islam, written by Shaikh Najm ud-din Abu ul-Kásim Jaafar Bin Muayyid al-Hilli, commonly called Shaikh Muayyid, is a work of the highest authority, at least in India, and is more universally referred to than any other Shiah law, book, and is the chief authority for the law of the Shiahs in India. A copious and valuable commentary upon the Sharaya ul-Islam entitle the Masalik ul-Afham, was written by Zayin-ud-din Ali as-Saili, commonl.y called the 'Shahid-i-Sani, (second martyr). There are two other commentaries on the Sharaya ul-Islam respectively entitled the Madar ul-Ahkam and Juwahir ul-Kalam, the latter of which was written by Shaikh Muhammad Hasan an-Najafi."
"Of the works on jurisprudence written by Yahiyah Bin Ahmad al-Hulli, who was celebrated for his knowledge of traditions, and is well known amongst the Imamiyah sects for his works, the Jami ash-Sharayu, and the MudKhhal dar Usui-i-Fikah are held in the greatest repute."
"Of the numerous law books written by Shaikh Allamah Jamal-ud-din Hasan Bin Yusuf Bin al-Mutahhir al-Hulli, who is called the chief of the lawyers of Hilliah, and whose works are frequently referred to as authorities of undisputed merit, the most famous are the Talkhis ul-Maram, the Ghayit ul-Ahkam, and the Tahrir ul-Ahkam, which last is a justly celebrated work. The Mukhtalaf-ush-Shiah is also a well-known composition of this great lawyer, and Irshad ul-Azhan is constantly quoted as an authority under tbe name of the Irshad-i-Allamah."
"The Jami-ul-Abbasi is a concise and comprehensive treatise on Shiah law, in twenty books or chapters. It is generally considered as the work of Baha-ud-din Muhammad Aamili, who died A.H. 103l."
"The Mafatih, by Muhammad Bin Murtaza, surnamed Muhsan, and the commentary on the book by his nephew, who was of the same name, but surnamed Hadi, are modern works deserving of notice."
"The Rouzat ul-Ahkam, written in Persian by the third Mujtahid of Oudh, consists of four chapters. The first of these is on Inheritance, which is treated of therein most fully and perspicuously. This work was lithographed at Luckuow, first in A.H. 1257, and again in A.H. 1264."
"A general digest of the Imamiyah law in temporal matters was compiled under the superintendence of Sir William Jones. This book is composed of extracts from the work called the Kafi, which is a commentary on the Mafatih, as well as from the Sharaya ul-Islam. The manuscript of this digest still remains in the possession of the High Court of Judicature at Calcutta."
"The earliest treatises on the Faraiz. or Inheritance, of the Shiahs appear to have been written by Abdul Aziz Bin Ahmad al-Azádi and Abu Muhammad al-Kindi, the latter of whom is said to have lived in the reign of Harith ur-Rashid."
A work on the law of inheritance, entitled the al-Ijaz fi al-Farair has been left by Abu Jaafar Muhammad at-Tusi in addition to his general works on the Kuran, the Hadis and jurisprudence."
"The best known and most esteemed works on the law of inheritance are the Ihtijaj ush-Shiah, by Said Bin Abdullah al-Ashari, the Kitab ul-Muwaris, by Abd, al-Hasan Ali Babavaib; the Hamal ul-Faraiz and the Faraiz ush-Shariyah, by Shaikh Mufid. The Sharaya ul-Islam, which, as already stated, is one of the highest authorities on the Shiah law, contains also a chapter on inheritance."
"Of all the above-mentioned books on civil and criminal laws, those that are commonly referred to in India are the following: The Sharaya ul-Islam, Rouzat-ul-Ahkam, Sharah-i-Luma, Mafatih, Tahrir, and Irshad ul- Azhan."
"Of the books on this' branch of Muhammadan law, only that part of the Sharayah ul-Islam, which treats of the forensic law has been translated, though not fully, by Mr. Neil Baillie. A considerable part of the digest compiled under the superintendence of Sir William Jones (as already noticed) was translated by Colonel Baillie, out of which the chapter on inheritance has been printed by Mr. Neil Baillie at the end of the second part of his digest. of Muhammadan law. Although the chapter above alluded to is copious, yet it must be remarked that it is not so clear and useful as the Sharaya ul-Islam and Rouzat-ul-Ahkam." (See Tagore Law Lectures. 1874, the Imamiyah Code, by Shama Churun Sircar; Thacker, Spink and Co.,Calcutta.)
"Fire, flame." A division, of stage in hell, mentioned in the Qur'an, Surah lxx. 15. - Al-Baghawi, the commentator, says it is that portion of hell which is reserved for the Christians who have not believed in Muhammad. [HELL.]
Arabic al-'Azar Not mentioned by name in the Qur'an, but Jalal 'd-dn, in remarking on Surah iii. 43: "I will bring the dead to life by God's permission," says, amongst those whom Jesus raised from the dead was al-'Azar, who was his special friend and companion. The account given by the commentators al-Kamalan of the raising of Lazarus, is very similar to that given in the New Testament.
Arabic ijarah . [HIRE.]
Arabic Lubnan . Not mentioned in the Qur'an, but tradition has it that Ishmael collected the stones for the Ka'bah from five sacred mountains, one of which was Mount Libanus. The followers of Isma'ilu 'd-Darazi, known as the Druses, a fanatical sect of Muslims, reside on the southern range of the Lebanon chain. [DRUSES.]
Waladu ‘l-halal , "a ‘legitimate child "; waladu ‘z-zina' , "an illegitimate child."
The Muhammadan law, unlike the law of England, makes legitimacy depend, not. merely upon the fact of the child being born in "lawful wedlock," but also conceived after lawful marriage.
According to the Sunnis and Shiahs and according to the teaching of the Qur'an itself the shortest period of gestation recognised by law is six months, and consequently a child born any time after six months from the date of marriage has a claim to legitimacy. Amongst the Sunnis. a simple denial of the paternity of the child so born would not take away its status of legitimacy. But the Shiahs hold that if a man got a woman with child and then marry her, and she give birth to the child within six months after marriage, legitimacy is not established.
As to the longest period of pregnancy, there are some strange rulings in Muslim law. The Shiahs, upon the basis of a decision pronounced by ‘Ali, recognize ten lunar months as the longest period of gestation, and this is now regarded as the longest legal period by both Shi'ahs and Sunnis. But Abu Hanifah and his two disciples, upon the authority of a tradition reported by Ayishah, regard two years as the longest period of gestation, and the Imam ash-Shafi'i extended it to four, and the Imam Malik to five and even seven years! It is said these Sunni doctors based their opinions on the legendary birth of Zuhak Tazi and others, who were born, so it is related, in the fourth year of conception! But Muslim divines say that the old jurisconsults of the Sunni school were actuated by a sentiment of humanity, and not by any indifference as to the laws of nature, their chief desire being to prevent an abuse of the provisions of the law regarding divorce and the disavowal of children, The general consensus of Muslim doctors points to ten months as the longest period of pregnancy which can be recognised by any court of justice.
[Under the old Roman law, it was ten months. In the Code Napoleon, article 312, it is three hundred days. Under the Jewish law, the husband had the absolute right of disavowal. See Code Rabbinique, vol. ii. p. 63]
The Muhammadan law, like the English law, does not recognise the legitimation of antenuptial children. Whereas, according to French and Scotch law, such children are legitimated by the subsequent marriage of the parents.
In Sunni law, an invalid marriage does not affect the legitimacy of children born from it. Nor does it in Shi'ah law; but the Shi'ah law demands proof that such a marriage was a bonafide one, whilst the Hanafi code is not strict on this point.
In the case of a divorce by li'an [LI'AN], the waladu ‘l-muli'anah, or "child of imprecation is not cut off from his right of inheritance from his father.
(See Syud Ameer Ali's Personal Law of Muhammadans, p. 164); Fatawa i-Alamghiri, p. 216; Shara'ru ‘l-Islam, p. 301.) [PARENTAGE.]
The letters of Muslims are distinguished by several peculiarities, dictated by the rule of politeness. "The paper is thick, white, and highly polished; sometimes it is ornamented with flowers of gold and the edges are always cut straight with scissors. The upper half is generally left blank; and the writing never occupies any portion of the second side. The name of the person to whom the letter is addressed, when the writers is an inferior or an equal. and even in some other cases, commonly in the first sentence, preceded by several titles of honour: and is often written a little above the line to which it appertains, the space beneath it in that line being left blank: sometimes it is written in letters of gold, or red ink. A king, writing to a subject, or a great man to a dependant, usually places his name and seal at the head of his letter. The seal is the impression of a signet (generally a ring, worn on the little finger on the right hand), upon which is engraved. the name of the person, commonly accompanied by the word His (i.e. God's) servant,' or some other words expressive of trust in God, &c. Its impression is considered more valid than the sign-manual, and is indispensable to give authority to the letter. It is made by dabbing some ink on the surface of the signet, and pressing this upon the paper: the place which is to be stamped being first moistened, by touching the tongue with a finger of the right hand, and then gently rubbing the part with that linger. A person writing to a superior, or to an equal, or even .an inferior to whom he wishes to show respect, signs his name at the bottom of his letter, next the left side or corner, and places the seal imrmediately to the right of this; but if be particularly desire to testify his humility, he places it beneath his name, or even partly over the lower edge of the paper, which consequently does not receive the whole of the impression." (Lane's Arabian Nights, vol. i, p23.)
Lit. "Mutual cursing." A form of divorce which takes under the following circumstances. "If a man accuses his wife of adultery, and does not prove it by four witnesses, he must swear before ‘God that he is the teller of truth four times and then add: If I am a liar, may God curse me.' The wife then says four times, ‘I swear before God that my husband lies'; and then adds: ‘May God's anger be upon me if this man be a teller of truths' After this a divorce takes place ipso facto." (see Suratu- ‘n-Nur, xxiv. 6. Mishkat, book xiii. ch. xv.)
In the case of Li'an, as in the other terms of divorce, the woman can claim her dower.
Li'an is not allowed in four eases, viz, a Christian woman married to a Muslim, a Jewess married to a Muslim, a free woman married to a slave, and a slave girl married to a free man.
The children of a woman divorced by Li'an are illegitimate.
Arabic sakhawah , " hospitality " ; infaq , "general liberality in everything."
Liberality in specially commended by Muhammad in the Traditions : —
"The liberal man is near to God, near to Paradise, near to men, and distant from hell. The miser is far from God, far from Paradise, far from men, and near the fire. Truly an ignorant but liberal man is more beloved by God, than a miser who is a worshipper of God."
"Three people will not enter Paradise: a deceiver, a miser, and one who reproaches others with obligation after giving"
"Every morning God sends two angels, and one of them says, 'O God, give to the liberal man something in lieu of that- which he has given away! ' and the other says. 'O God, ruin the property of the miser!"
"The miser and the liberal man are like two men dressed in coats of mail, their arms glued to their breasts and collar bones, on account of the tightness of the coats of mail. The liberal man stands up when giving alms -and the coat of mail expands for him. The miser stands up when intending alms; the coat of mail becomes tight, and every ring of it sticks fast to its place."
Arabic 'Ilmu 'l-Adab . The oldest specimens of Arabic literature now extant were composed in the century which preceded the birth of Muhammad. They consist of short extemporaneous elegies, afterwards committed to writing, or narratives of combats of hostile tribes written in rhythmical prose, similar to that which we find in the Qur'an.
Baron De Slane says the Hamasah:, the Kitabu 'l-Aghani, and the Amali of Abu 'Aliyu 'l-Kali, furnish a copious supply of examples, which prove that the art of composing in rhythmical prose not only existed before Muhammad's time, but was even then generally practised, and had been brought to a high degree of perfection. The variety of its inflections, the regularity of its syntax, and the harmony of its prosody, furnish in themselves a proof of the high degree of culture which the language of the pre-Islamic Arabians had attained. The annual meetings of the poets at the fair of 'Ukáz encouraged literature, and tended to give regularity of formation and elegance of style to these early poetic effusions.
The appearance of the Qur'an brought about a gradual, but remarkable change in tone and spirit of Arabic literature. An extraordinary admixture of falsehood and truth, it was given to the world by its author as the uncreated and Eternal Word, and as a standing miracle not only of sound doctrine, but of literary style and language. This range strange assertion, of course, deterred nearly every attempt at imitation, although it is related that Ibn al-Mutanabbi, and a few others, of a sceptical turn of mind, essayed in some of their wriitings to surpass the style of the Qur'an. But as the Muslims in all ages have drawn their principles of grammar and rhetoric from the Qur'an itself, we need not be surprised that these and every other attempt to surpass its excellences have been considered failures.
One circumstance in the earliest history of Islam was of itself instrumental in giving rise to a most extensive literature of a special class. The Qur'an (unlike the Pentateuch and New Testament) was not a narrative of the life of its author. And yet, at tine same time. Muhammad had left very special injunctions as te the transmission of his precepts and actions, [TRADITION.] The study of these traditional sayings, together with that of the Qur'an, gave rise to all the branches of Arabic learning.
The Ahadis, or "the sayings of Muhammad," were considered by his followers as the result of divine inspiration, and they were therefore treasured up in the memories of his followers with the same care which they had taken in learning by heart the chapters of the Qur'an. They recorded not only what the Prophet said and did, but also what he refrained from saying and doing, his very silence (sunnatu 's-s'ukut) on questions of doctrine or rule of life being also regarded as the result of divine guidance. It therefore became of paramount importance, to those who were sincere followers of Muhammad. that they should be in possession of his precepts and practices, and even of the most trifling circumstances of his daily life. The mass of traditions increased rapidly, and became so great that it was quite impossible for any one single person to recollect them.
According to Jalalu 'd-din as-Suyuti, the first who wrote down the traditional sayings of the Prophet was Ibn Shihab az-Zuhri, during the reign of the Khalifah 'Umar II. ibn 'Abdu l-'Aziz (AH. 99—101), but the Imam Malik (A.H. 95—179), the compiler of the book known as al-Muwatta is generally held to be the author of the earliest collection of Traditions. (See Kashfu 'z-Zunun, in loco)
So rapidly did this branch of Muslim learning increase, that when al-Bukari (A.H. 194—256) determined to make a careful collation of trustworthy traditions, he found not fewer than 300,000 extant, from which he selected 7,275.
The necessity of distinguishing the genuine
traditions from the false gave rise to new branches of literature. A just appreciation of the credit to which each traditionist was entitled could only be formed from a knowledge of the details of his history, and of the moral character of his life. Hence numerous biographical works, arranged in chronological order, containing short accounts of the principal persons connected with the early history of Islam, were compiled. The necessity for tracing the places of their birth and the race from which they sprang. led Muslim critics to the study of genealogy and geography.
The sense of the Qur'an, with its casual references to contemporaneous as well as to past history, was felt to be difficult and obscure, in many places: and this led the learned Muslims to study not only the traditional sayings of Muhammad already alluded to, but any historical or geographical works which would help them in understanding the text of "the Book".
In the early days of Islam general history was regarded with little favour as a subject fir study, and many orthodox doctors of Muslim law were led by religious scruples to condemn the study of secular history; and the works of Grecian and Latin poets, philologists, grammarians, and historians, only received their approval in so far as they served to explain the text of the Qur'an and tbe traditional records of Muhammad's followers.
The real attitude of the leaders of Islam was decidedly hostile towards all literature which was not in strict harmony with the teachings of their religion. If in succeeding ages the Saracens became, as they undoubtedly did, the liberal patrons of literature and science, there cannot be a doubt that in the earlier ages of Islam, in the days of the four "well-directed" Khalifahs, not merely the greatest indifference, but the most bigoted opposition was shown to all literary effort which had not emanated from the fountain of Islam itself. And consequently the wild uncivilized conquerors of Jerusalem, Caesraea, Damascus, and Alexandria, viewed the destruction of the literary lore of ages which was stored up in those ancient cities with indifference, if not with unmitigated satisfacation. Everything, science, history, and religion, must be brought clown to the level and standard of the teaching of the Qur'an and the life of the Prophet of Arabia, and whatever differed therefrom was from the Devil himself, and deserved the pious condemnation of every true child of the faith.
But the possession of power and. riches gave rise to new feelings, and the pious aversion to intellectual pursuits gradually relaxed in proportion as their empire extended itself. The possession of those countries, which had for so long been the seats of ancient literature and art, naturally introduced among the Muslims a spirit of refinement, and the love of learning. But it was not the outcome of their religious belief, it was the result of the peculiar circumstances which surrounded their unparalleled conquest of a civilized world. Their stern fanaticism yielded to the mild influence of letters, and "by a singular anomaly," says Andrew Crichto, "in the history of nations, Europe becomes indebted to the implacable enemies of her religion and her liberties for her most valuable lessons in science and arts." In this they present a marked contrast to the Goths and Huns; and what is most remarkable is, not that successful conquerors should encourage literature, but that, within a single century, a race of religionists should pass from a period of the deepest barbarism to that of the universal diffusion of science. In A.D. 641, the Khalifah 'Umar is said to have destroyed the Alexandrian library. In A.D. 750, the Khalifahs of Baghdad, the munificent patrons of literature, mounted the throne. Eight centuries elapsed front the foundation of Rome to the age of Augustus, whilst one century alone marks the transition from the wild barbarbism of the Khalifahs of Makkah to the intellectual refinement of the Khalifahs of al-Kufah and Baghdad. The Saracens, when they conquered the cities of the West, came into possession of the richest legacies of intellectual wealth, and they used these legacies in such a manner as to earn for themselves the most prominent place m the pare of history as patrons of learning. But the truth is, the literature of the great Byzantine empire exercised a kind of patronage over Saracenic kings. If the Saracens produced not many original works in science, philosophy, or art, they had the energy and good sense to translate those of Greece and Rome. (See tho list of Arabic works in the Kashfu z-Zunun.)
Under the Umaiyah Khalifahs, the genius of Greece began to obtain an influence over the minds of the Muslims.
'Abdu 'l-Malik, the fifth Khalifah of the Umaiyah dynasty (A.H. 65), was himself a poet, and assembled around him at his court the rnost distinguished poets of his time. Even the Christian poet, al-Akhtal took his place in the front rank of the literary favorites of the Court.
But it was especially under al-Mansur, the Abbasside Khalifah (A H. 136), that the golden age of Arabian literature in the East commenced. Accident brought him acquainted with a Greek physician named George, who as invited to court, and to whom the Saracens are indebted for the study of medicine.
The celebrated Harunu 'r-Rashid, the hero of the Arabian Nights, was specially the patron of learning. He was always surrounded by learned men, and whenever he erected a mosque he always established and endowed a school of learning in connection with it. It is related that amongst the presents he sent to the Emperor Charlemagne was an hydraulic clock. The head of his schools and the chief director of the education of his empire, was John ibn Massua, a Nestorian Christian of Damascus.
The reign of Ma'mun (A.H. 198) has been ailed the Augustan period of Arabian liteature. The Khalifah Ma'mun himself was a scholar, and he selected for his companions
the most eminent scholars from the East and West. Baghdad became the resort of poets, philosophers, historians, and mathematicians from every country and every creed. Amongst the scholars of his court was al-Kindi, the Christian author of a remarkable treatise in defense of Christianity against Islam, side by side with al-Kindi, the philosopher, who translated numerous classical and philosophical works for his munificent and generous patron, and wrote a letter to refute the doctrine of the Trinity. [KINDI.]. It is said that in the time of Ma'mun, "literary relics of conquered provinces, which his generals amassed with infinite care, were brought to the foot of the throne as the most precious tribute he could demand. Hundreds of camels might be seen entering the gates of Baghdad, laden with no other freight than volumes of Greek, Hebrew, and Persian literature." Masters, instructors, translators, and commentators, formed the court of Baghdad, which appeared rather to be a learned academy than the capital of a great nation of conquerors. When a treaty of peace was concluded with the Grecian Emperor Michael III., it was stipulated that a large and valuable collection of books should be sent to Baghdad from the libraries of Constantinople, which were translated by the savans of his court into the Arabic tongue; and it is stated that the original manuscripts were destroyed, in order that the learning of the world might be retained in the "divine language of the Prophet!"
The Khalifah al-Wasiq (A.H. 227), whose residence had been removed by his predecessor, al-Mu'tasim, from Baghdad to Saumara, was also a patron of letters. He especially patronised poetry and music.
Under al-Mu'tamid (A.H. 256), Baghdad again became the seat of learning.
Al-Mustansir (A.H 623), the last but one of the Abbaside Khalifahs, adorned Baghdad by erecting a mosque and college, which bore his name, and which historians tell us had no equal in the Muslim world. Whilst the city of Baghdad, in the time of the Abbaside dynasty, was the great centre of learning, al-Basrah and al-Kufah almost equaled the capital itself in reputation, and in the number of celebrated authors and treatises which they produced. Damascus, Aleppo, Balkh, Ispahan, and Samarcand, also became renowned as seats of learning. it is said that a certain doctor of science was once obliged to decline an invitation to settle in the city of Samarcand, because the transport of his books would have required 400 camels!
Under the Fatimide Khalifahs (A.D. 910 to 1160), Egypt became for the second time the asylum of literature. Alexandria had more than twenty schools of learning, and Cairo, which was founded by al-Mu' izz (A.D. 955), soon possessed a royal library of 100,000 manuscripts. A Daru ‘l-Hikmah, or school of science, was founded by the Khalilah al-Hakim (A.D. 996), in the city of Cairo, with an annual revenue of 2,570 dinars. The institution combined all the advantage of a free school and a free library.
But it was in Spain (Arabic Andalus) that Arabian literature continued to flourish to a later period than in the schools of Cairo and Baghdad. The cities of Cordova, Seville, and Granada, which were under Muslim rule for several centuries (Cordova, from A.D. 755 to 1236; Granada, to A.D. 1484), rivalled each other in the magnificence of their academies, colleges, and libraries. Muslim historians say that Cordova alone has produced not fewer than 170 eminent men, and its library, founded by al-Hakam II (A..D. 961), contained 400,000 volumes; and the Khalifah himself was so eminent a scholar, that he had carefully examined each of these books himself, and with his own hand bad written in each book the genealogies, births and deaths of their respective authors.
Muhammad, the first Kalifah of Granada, was a patron of literature, and the celebrated academy of that city was long under the direction of Shamsu ‘d-din of Marcia, so famous among the Arabs for his skill in polite literature. Kasiri has recorded the names of 120 authors whose talents conferred dignity and fame on the Muslim University of Granada.
So universal was the patronage of literature in Spain, that in the cities of the Andalusian kingdom, there were as many as seventy free libraries open to the public, as well a. seventeen distinguished colleges of learning.
(For an interesting account of the state of literature in Spain under the Moors, the English reader can refer to Pascual de Gayango'a translation of al-Makkarl's History of the Muhammadan Dynasties in Spain, London, 1840.)
History, which was so neglected amongst the ancient Arabs, was cultivated with assiduity by the Muslim. There is extant an immense number of works in this department of literature. The compiler of the Bibliographical Dictionary, the Kashfu ‘z-Zunun, gives a list of the names and titles of 1,300 works of history, comprising, annals, chronicles, and memoirs. As might be expected, the earliest Muslim histories were compiled with the special object of giving to the world the history of the Prophet of Arabia and his immediate successors. The earliest historian of whom we have any extensive remains is Ibn Ishaq, who died A.H. 151, or fifteen years after the overthrow of the Umaiyah dynasty. He was succeeded by ibn Hisham, who died A.H 213, and who made the labours of Ibn Ishaq the basis of his history. Another celebrated Muslim historian is Ibn Sa'd, who is generally known as Kitibu ‘l-Waqidi, or al-Waqidi's secretary, anid is supposed to have even surpassed his master in historical accuracy.
Abu Ja'far ibn Jarir at-Tabari flourished in the latter part of the third century of the Muslim era, and has been styled by Gibbon, "the Livy of the Arabians." He flourished
in the city of Baghdad, where he died A.H. 810. At-Tabari compiled not only annals of Muhammad's life, but be wrote a history of the progress of Islam under the earlier Khalifahs. Abu ‘l-Faraj, a Christian physician of Malatia in Armenia, Abu ‘l-fida, Prince of Hamah, and Ibn Katib of Granada, are amongst the celebrated historians of later times. The writings of Ibn Husain of Cordova are said to contain l60,000 pages!
Biographical works, and memoirs of men specially distinguished for their achievements, were innumerable. The most notable work of the kind is Ibn Khallikan's Bibliographical Dictionary, which has been translated into English by De Slane (Paris, 1843). The Dictionary of the Sciences by Muhammad Abu ‘Abdi ‘llah of Granada is an elaborate work. The Bibliographical Dictionary, entitled the Kashfu ‘z-Zunun (often quoted in the present work), is a laborious compilation, giving the names of several thousands of well-known books and authors in every department of literature. ‘Abdu ‘l-Munzar of Valencia wrote a genealogical history of celebrated horses, and another celebrity wrote one of camels. The encyclopedians, gazetteers, and other similar compilations, are very numerous.
Arabic lexicons have been compiled in regular succession from the first appearance of the work supposed to hare been compiled by Khalil ibn Ahmad, entitled Kitibu ‘l-'Ayn, which must have been written about A.H. 170, to the most recent publications which have issued from the presses of Lucknow, Bombay, and Cairo. [ARABIC LEXICONS.]
Poetry was, of old, a favourite occupation of the Arab people, and was, after the introduction of learning by the Khalifahs of Baghdad, cultivated with enthusiasm. Al-Mutanabbi of al-Kufah, Khalil ibn Ahmad, and others, are poets of note in the time of the Abbasside Khalifahs. So great was the number of Arabic poets, that an abridgement, or dictionary, of the lives of the most celebrated of them, compiled by Abu ‘ l-'Abbas, son of the Khalifah al-Mu'tasim, contains notices of 180. [POETRY.]
With Numismatics the Saracens of Spain were well acquainted, and Maqrizi and Namari wrote histories of Arabian money. The study of geography was not neglected. The library of Cairo had two massive globes, and the Sharif Idrisi of Cordova made a silver globe for Roger II., King of Sicily. Ibn Rashid, a distinguished geographer, journeyed through Africa, Egypt, and Syria, in the interests of geographical science. But to reconcile some of the statements of Muhammadan tradition with geographical discoveries must have required a strong effort of the imagination. [QAF.]
To the study of medicine the Arabs paid particular attention. Many of our modern pharmaceutical terms, such as camphor, jalap, and syrup, are of Arabian origin. The Christian physician, George, introduced the study of medicine at the court of Khalifah al-Mansur. [MEDICINE.]
The superstitious feeling of the Muslim as to the polluted touch of the dead, debarred the orthodox from attempting the study of anatomy. The doctrine that even at death the soul does not depart from the body, and the popular belief that both soul and body must appear entire to undergo the examination by Munkar and Nakir in the grave, were sufficient reasons why the dissection of the dead body should not be attempted.
Operation for cataract in the eye was an Arabian practice, and the celebrated philosopher, Avicenna (Abu ‘Ali ibn Sina') wrote in defence of depression instead of extraction, which he considered a dangerous experiment.
Botany, as subsidiary to medicine, was studied by the Saracens; and it is said the Arabian botanists discovered several herbal remedies, which were not known to the Greeks. Ibn al-Baitar, a native of Malaga, who died at Damascus A.D. 1248, was the moat distinguished Arabian botanist. Al-Biruni, who died A.D. 941, resided in India for nearly forty years in order to study botany and chemistry.
The first great Arabic chemist was Jabir, a native of Haran in Mesopotamia. He lived in the eighth century, and only some 150 years after the flight of Muhammad. He is credited with the discovery of sulphuric acid, nitric acid, and aqua regia. D'Herbelot states that he wrote 500 works on chemistry. The nomenclature of science demonstrates how much it owes to the Arabs—alcohol, alembic, alkali, and other similar terms, being derived from the Saracens.
The science of astronomy, insomuch as it was necessary for the study of the occult science of astrology, was cultivated with great zeal; The Khalifah Ma'mun was himself devoted to this study Under his patronage, the astronomers of Baghdad and al-Kufah accurately measured a degree of the great circle of the earth, and determined at 24,000 miles the entire circumference of the globe. (See Abu ‘l-Fida' and Ibn Khallikan.) The obliquity of the ecliptic was calculated at about twenty-three degrees and a half, "but," as Andrew Crichton remarks, "not a single step was made towards the discovery of the solar system beyond the hypothesis of Ptolemy." Modern astronomy is indebted to the Saracens for the introduction of observatories. The celebrated astronomer and mathematician Jabir (A.D. 1196), erected one at Seville, which may still be seen. Bailly, in his Hist. de l'Astronomie, affirms that Kepler drew the ideas that led to his discovery of the elliptical orbits of planets from the Saracen, Nuru ‘d-din, whose treatise on the sphere is preserved in the Escurial library.
Algebra, though not the invention of the Arabs, received valuable accessions from their talents, and Ibn Musa and Jabir composed original works on spherical trigonometry. Al-Kindi translated Autolycus' De Sphaera Mota, and wrote a treatise of his own De Sex Quantitatibus.
Architecture was an art in which the Saracens excelled, but their buildings were erected on the wrecks of cities, castles, and
fortresses, which they had destroyed, and the Saracenc style is merely a copy of the Byzantine. [ARCHITECTURE.]
To the early Muslims, pictures and sculptures were considered impious and contrary to divine law, and it is to these strong religious feelings that we owe the introduction of that peculiar style of embellishment which is called the Arabesque, which rejects all representations of human and animal figures.
In caligraphy or ornamental writing, the Muslims excel even to the present day, although it is to the Chinese that they are indebted for the purity and elegance of their paper.
Music is generally understood to have been forbidden in the Muhammadan religion, but both at Baghdad and Cordova were established schools for the cultivation of this art. [MUSIC.]
Much more might be written on the subject of Muslim or Saracesnic literature, but it would exceed the limits, of our present work. Enough has been said to show that, not withstanding their barbarous origin, they in due time became the patrons of literature and science. They cannot, however, claim a high rank as inventors and discoverors, for many of their best and most useful works were but translations from the Greek. Too much has been made of the debt which the Western world owes, or is supposed to owe, to its Saracen conquerors for their patronage of literature. It would have been strange if a race of conquerors, who came suddenly and rapidly into possession of some of the most cultivated and refined regions of the earth had not kindled new lights at those ancient beacons of literature and science which smouldered beneath their feet.
In the Kashfu 'z-Zunun, it is related that when Sa'd ibn Abu Waqqas conquered Persia, he wrote to the Khalifah 'Umar and asked him what he should do with the philosophioal works which they had found it the libraries of the cities of Persia, whether he should keep them or send them to Makkah then 'Umar replied, "Cast them into the rivers, for if in these books there is a guidance (of life), then we have a still better guidance m the book of God (the Qur'an) and if, on the contrary, there is in them that which will lead us astray, then God protect us from them"; so, according to these instructions, Sa'd cast some into the rivers and moms into the fire. So was lost to us the Philosophy of Persia (Kashfu 'z-Zunun, p. 341.)
Such was the spirit in which the early Muslims regarded the literature of the countries they conquered, and which gave rise to the frequently repeated story that 'Umar ordered the destruction of the libraries of Alexandria, Caesarea, and Ispahan, while even the enlightened Ma'mun is said to have committed to the flames the Greek and Latin originals of the books he caused to be translated. It therefore seems probable that the world of literature lost quite as much as it gained by the Saracen conquest of the West. What the attitude of the Muslim world now
is towards science and literature, the condition of the Muslim in North Africa, in Turkey, in Afghanistan, and in India, will declare. A condition of things arising from peculiarities of religious belief. It we study carefully the peculiar structure of Islam as a, religious system, and become acquainted with the actual state of things amongst Muhammadan nations now existing, we shall feel compelled to admit that the patronage of literature by the Muslim Khalifahs of Cordova, Cairo, and Baghdad, must have boon the outcome of impulses derived from other sources than the example and precept of the Arabian legislator or the teachings of the Qur'an.
(See Ibn Kallikan's Biographical Dict.; Crichton's Arabia; D'Herbelot's Bibl. Orient.; Al-Makkari's Muhammadan Dynasties in Spain Pocock; Muir's Mahomet; Abu '1-Fida'; Toderini's Lit. des Turcs; Kashfa 'z-Zunun; Sir William Jones's Asiatic Res.; Schnurrer's Bibl. Arab.; Ibn al-Jazwi's Talqih; M. de Sacey : Tabaqatu 'sh-Shafi iyun.).
A. banner; a standard. [STANDARDS.]
(Arabic jarad, ) are lawful food for Muslims without being killed by zabh. [FOOD.]
Arabic 'Ilmu 'l-mantiq , "the science of rational speech," from nataq, "to speak "; 'Ilmu 'l-rnizan "the science of weighing" (evidence), from mazan, "scales."
The author of the Akhlaq-i-Jalali says "the ancient sages, whose wisdom had borrowed: its lustre from the loop-hole of prophecy, always directed the seeker after excellence to cultivate first 'Ilmu 'l-akhlaq, 'the science of moral culture,' then 'Ilmu 'l-mantiq, 'the science of logic,' then 'Ilmu 'l-riyaziyat, 'mathematics,' then 'Ilmu 'l-hikmah, 'physics,' and, lastly, 'Ilmu 'l-Ilahi, 'theology.' But Hakirn Abu 'Ali al-Masqawi (A.D. 10), would place mathematics before logic, which seems the preferable course. This will explain the inscription placed by Plato over the door of his house, 'He who knows not geometry, let bun not enter here.'" (See Thompson's ed. p. 31.)
The Arabs, being suddenly called from the desert of Arabia to all the duties and dignities of civilized life, were at first much pressed to reconcile the simplicity of the precepts of their Prophet with the surroundings oftheir new state of existence; and consequently the multitude of distinctions, both in morals and jurisprudence, they were obliged to adopt, gave the study of dialectics an importance in the religion of Islam which it never lost. The Imam Malik said of the groat teacher Abu Hanifah, that be was such a master of logic, that if he were to assert that a pillar of wood was made of gold, he would prove it to you by the rules of logic.
The first Muslim of note who gave his attentiorn to the study of logic was Khalid Yazid (A.H. 60). who is reported to have been a man of great learning, and who ordered certain Greek works on logic to be translated into Arabic. The Khalifah Ma'mun (A.H. 198) gave great attention to this and to every other branch of learning, and ordered the translation of several Greek books of logic, brought from the library of Constantinople, into the Arabic tongue. Mulla Kaitib Chalpi gives a long list of those who have translated works on logic. Stephen, named Istifanu 'l-Qadim, translated a book for Khalid ibn Yazid. Batriq did one for the Khalifah al-Mansur. Ibn Yahya rendered a Persian book on logic into Arabic for the Kalifah al-Ma'mun, also Ibn Na imah'Abdu' l-Masih (a Christian), Husain bin Bahriq, Hilal ibn Abi Hilell of Hims, and many others translated books on logic from the Persian. Musa and Yusuf, two sons of Khalid, and Hasan ibn Sahl are mentioned as having translated from the language of Hind (India) into Arabic. Amongst the philosophers who rendered Greek books on logic into Arabic are mentioned Hunain, Abu 'l-Faraj, Abu 'l-Sulaiman as-Sanjari, Yahya an-Nahwi, Ya'qub ibn Ishaq al-Kindi, Abu Zaid Ahmad ibn Sahl al-Balkhi, Ibn Sinä' (Avicenna), and very many others.
An Arabic treatise of logic has been translated into English by the Bengal Asiatic Society.
LORD'S SUPPER. [EUCHARIST.]
Arabic Lut Heb. Held by Muhammadans as "a religeous man," specially Sent as a prophet to the city of Sodom.
The commentator, al-Baizawi, says that Lot was the son of Haran, the son of Azar, or Tarah, and consequently Abraham's nephew, who brought him with him from Chaldea into Palestine, where, they say, he was sent by God, to reclaim the inhabitants of Sodom and the other neighbouring Cities, which were overthrown with it, from the unnatural vice to which they were addicted. And this Muhammadan tradition seems to be countenanced by the words of the apostle, that this righteous man dwelling among them, in seeing and hearing, "vexed his righteous soul from day to day with their unlawful deeds," whence it is probable that he omitted no opportunity of endeavouring their reformation. His name frequently occurs in the Qur'an, and will be Seen from the following selections:
Surah vii. 72—82: "We also .sent Lot, when he said to his people, Commit ye this filthy deed in which no creature hath gone before you? Come ye to men, instead of women, lustfully? Ye are indeed a people given up to excess. But the only answer of his people was to say, 'Turn them out of your city, for they are men who vaunt them pure.' And we delivered him and his family, except his wife; she was of those who lingered: and we rained a rain upon them: and see what was the end of the wicked!"
Surah xxi. 14, 15: And unto Lot we gave wisdom and knowledge and we rescued him from the city which wrought filthiness; for their were a people, evil, perverse; and we caused men to entertain our mercy, for he was of the righteous.
Surah xxix. 27-34: "We sent also Lot: when he said to his people. Proceed ye to a filthiness in which no people in the world hath ever gone before you? Proceed ye even to men? attack ye them on the highway? and proceed ye to the crime in your assemblies?' But the only answer of his people was to say, ' Bring God's chastisement upon us, if thou art a man of truth.' He cried: My Lord! help me against this polluted people. And when our messengers came to Abraham with the tidings of a son, they said, 'Of a truth we will destroy the in-dwellers in this city, for its in-dwellers are evil doers.' He said, 'Lot is therein.' They said, 'We know full well who therein is. Him and his family will we save, except his wife; she will be of those who linger.' And when our messengers came to Lot, he was troubled for them, and his arm was too weak to protect them: and they said,' Fear not, and distress not thyself, for thee and thy family will we save, except thy wife; she will be of those who linger. We will surely bring down upon the dwellers in this city vengeance from heaven for the excesses they ha-re committed.' And in what we have left of it is a clear sign to men of understanding."
Surah xxvi. 160—175: "The people of Lot treated their apostles as liars, when their brother Lot said to them, 'Will ye not fear God? I am your Apostle worthy of all credit: tear God, then, and obey use. For this I ask you no reward: my reward in of the Lord of the worlds alone. What! with men, of all creatures, will ye have commerce? And leave ye your wives whom your Lord bath created for you? Ah! ye are an erring people!, They said, 'O Lot, if thou desist not, one of the banished shalt thou surely be.' He said, 'I utterly abhor your doings: My Lord! deliver me and my family from what they do.' So we delivered him and his whole family—save an aged one among those who tarried—-then we destroyed the rest—and we rained a rain upon them, and fatal was the rain to those whom we had warned. In this truly was a sign; but most of them did not believe, But thy Lord! He is the Powerful, the Merciful !"
Surah xxvii. 55-59: "And Lot, 'when he said to his people, 'What! proceed ye to such filthiness with your eyes open? What! come ye -with lust unto men rather than to women? Surely ye are an ignorant people.' And the answer of his people was but to say, 'Cast out the family of Lot from your city: they, forsooth, are men of purity!' So we rescued him and his family: but as for his wife, who decreed her to he of them that lingered: and we rained a rain upon them, and fatal was the rain to those who had had their warning."
LOTS, Drawing of.
There are two words used to express drawing of lots—
maisir and qur'ah. The former is used for games of chance, which are condemned in the Qur'an (Surahs ii. 216; v. 92); the latter the casting of lots in the division of land or property. (Hiddyah, vol. iv. p. 17.)
The words used in the Qur'an for love and its synonyms are wudd , hubb mahabbah , and mawaddah .
(1) Wudd. Surah xix. 96: "Verily, those who believe and act aright, to them the Merciful One will give love."
(2) Hubb. Surah v. 59: "God will bring a people whom He will love, and who will love him."
Surah ii. 160: "They love them (idols) as they should love God, whilst those who believe love God more."
Surah lxxxix. 21: "Ye love wealth with a complete love."
Surah xii. 30: He (Joseph) has infatuated her (Zulaikhah) with love."
(3) Mahabbah. Surah xx. 39: "For on thee (Moses) have I (God) cast my love."
(4) Mawaddah. Surah iv. 75: "As though there were no friendship between you and him."
Surah v. 85: "Thou will find the nearest in friendship to those who believe to be those who say We are Christians."
Surah xxix. 24. "Verily, ye take idols beside God through mutual friendship in the affairs of this world."
Surah xxx. 20: "He has caused between you affection and pity."
Surah xli. 22: "Say! I do not ask, for it hire, only the affection of my kinsfolk."
Surah lx. 1: "O ye who believe! take not my enemy and your enemy for patrons encountering them with affection."
Surah ix. 7: "Mayhap God will place affection between you."
From the above quotations, it will be seen that in the Qur'an, the word mamaddah is used for friendship and affection only, but that the other terms are synonymous, and are used for both divine and human love.
In the traditions, hubb is also used for both kinds of love (see Mishkat, book xxii. ch. xvi.), and a section of the Hadis is devoted to the consideration of "Brotherly love for God's pleasure."
‘Ayishah relates that the Prophet. said "Souls were at the first collected together (in the spirit-world) like assembled armies, and then they were dispersed and. sent into bodies and that consequently those who had been acquainted with each other in the spirit world, became so in this, and those who had been strangers there would be strangers here."The author of the Akhlaqi-Jalali distinguishes between animal love and spiritual love. Animal love, he says, takes its rise from excess of appetite. But spiritual love, which arises from harmony of souls, is not to be reckoned a vice, but, on the contrary, a species of virtue :—
Let love be thy master, all masters above,
The cause oh love, he says, is excessive eagerness either for pleasure or for good; the first is animal love, and is culpable; the second is spiritual love, and is a praiseworthy virtue. (See Thompson's ed., pp. 227—234.)
The term more generally used in Oriental writings for the passion of love is ‘Ishq a word which az-Zamakhshari. in his work the Asas (quoted by Lane), says is derived from the word al-'ashaqah, a species of ivy which twines upon trees and cleaves to them, But it seems not improbable that it is connected with the Hebrew "a woman," or is derived from "to desire." (See Deut, vii. 7: "The Lord hath set, his love upon thee"; and Ps. xci. 14: "Because he hath set his love upon me.") The philosopher Ibu Sina' (Avicenna), in a treatise on al-'Ishq (regarding. it as the passion of the natural propensities), says it is a passion not merely peculiar to the human species, but that it pervades all existing things, both in heaven and earth, in the animal, the vegetable, and even in the mineral kingdom; and that its meaning is not perceived or known, and is rendered all the more obscure. by the explanation thereof. (See Taju ‘l-'Arus by Saiyid Murtada.)
Mir Abu ‘l-Baqa, in his work entitled the Kulliyat, thus defines the various degrees of love, which are supposed to represent not only intensity of natural love between man. and woman, but also the Sufiistic or divine love, which is the subject of so. many mystic works :—First, hawa, the inclining of the soul or mind to the object of love; then, ‘Ilaqah, love cleaving to the heart; then, kalaf, violent and intense love, accompanied by perplexity; then 'ishq, amorous desire, accompanied by melancholy; then, shaghaf; ardour of love, accompanied by pleasure; then, jawa, inward love, accompanied by amorous desire, or grief and sorrow; then, tatayum, a state of enslavement; then, tabl, love sickness; then, walah, distraction, accompained with loss of reason, and, lastly huyam, overpowering love with wandering about at random.
In Professor Palmer's little work on Oriental mysticism, founded on a Persian MS. by ‘Aziz ibn Muhammad an-Nafsam and entitled the Maksad i Aksu (Maqsad-i-Agsa, or the " Remotest Aim," we read, "Man sets his face towards this world, and is entangled in the love of wealth and dignity, until the grace of God steps in and turns his heart towards God. The tendency which proceeds from God is called Attraction; that which proceeds ‘from man is called' Inclination, Desire, and Love. As the inclination increaaes its name changes, and it causes the Traveller to renounce everything else but God (who becomes his Qibla) and thus setting his face God-wards, and forgetting everything but God, it is developed into LOVE."
This is by no means the last and ultimate stage of the journey, but most men are said to be content to pass their lives therein and to leave the world without making any further progress therein [SUFIISM]. Such a person the Sufis call Majzub, or, Attracted. And it is in this state that 'Ishq, or spiritual love, becomes the subject of religious contemplation just as it is in the Song of Solomon. "Let him kiss me with the kisses of his mouth, for thy love, is better than wine." But whilst the lover in the Song of Solomon is supposed to represent the Almighty God, and, the loved one the Church, in Eastern Sufi poetry, the 'ashiq, or lover, is man, and the mash'uq, or the Beloved One, is God.
The Sufi poet Jami, in his Salaman and Absal, thus writes of the joy of Divine love; and his prologue to the Deity, as rendered into English, will illustrate the mystic conception of love.
" Time it is
[The fable of the Kurd, which is also told in verse, is this. A, Kurd left the solitude of the desert for the bustle of a busy city. Being tired of the commotion around him, he lay down to sleep. But fearing he might not know himself when he arose, in the midst of so much, commotion, he tied a pumpkin round his foot. A knave, who heard him deliberating about the difficulty of knowing himself again, took the pumpkin off the Kurd's foot, and tied it round his own. When the Kurd awoke. he was bewildered, and exclaimed—
"Whether I be I or no,
The heart and of man. The faculty of the mind which is enlightened and purified by the Holy Light, i.e. Nuru 'l-Quds (the Light of God). (Kitabu 't-Ta'rifat, in loco.)
A small town in Palestine, where it is said Jesus will find ad-Dajjala 'l-Masih, and will kill him. (Mishkat, book xxiii. ch. iv.). The ancient Lydda, nine miles from Joppa. (See Acts ix. 32, 88.) It is the modern Diospolis, which in Jerome's time was an episcopal see. The remains of the ancient church are still seen. It is said to be the native town of St. George.
The Arabic majnun includes all mad persons, whether born idiots, or persons who have become insane. According to Muhammadan law, a lunatic is not liable to punishment for robbery, or to retaliation for murder. Zakat (legal alms) is not to be taken from him, nor is be to be slain in war. The apostasy of a lunatic does not amount to a change of faith, as in all matters, both civil and religious; he is not to be held responsible to either God or man. An idiot or fool is generally regarded in the East by the common people, as an inspired being. Mr. Lane, in his Modern Egyptians, says, "Most of the reputed saints of Egypt are either lunatics, or idiots, or impostors." A remark which will equally apply tp India and Central Asia.
A person of eminence, known as Luqmanu 'l-Hakim, or Luqman the Philosopher, mentioned in the Qur'an as one upon whom God had bestowed wisdom.
Surah xxxi. 11—19: "Of old we bestowed wisdom upon Luqman, and taught him thus— 'Be thankful to God: for whoever is thankful, is thankful to his own behoof ; and if any shall be thankless God truly is self-sufficient, worthy of all praise!" And bear in mind when Luqman said to his son by way of warning, 'O my son! join - not other gods with God, for the joining gods with God is the great impiety. O my son! observe prayer, and enjoin the right and forbid the wrong, and be patient under whatever shall betide thee: for this is a bounden duty. And distort not thy face at men; nor walk thou loftily on the earth; for God loveth no arrogant vain-glorious one. But let thy pace be middling; and lower thy voice: for the least pleasing of voices is surely the voice of asses.' See ye not how that God bath put under you all that is in the heavens and all that is on the earth, and bath been bounteous to you of his favours, both for soul and body. But some are there who dispute of God without. knowledge, and have no guidance and illuminating Book.
Commentators are not agreed as to whether Luqman is an inspired prophet or not. Husain says most of the learned think he was a philosopher, and not a prophet. Some say he was the son of Ba'ür, and a nephew of
Job, being his sister's son; others that he was a nephew of Abraham; others that he was born in the time of King David, and lived until the time of Jonah, being one thousands years of age. Others, that he was an African slave and a shepherd amongst the Israelites. He is admitted by all Arabian historians to have been a fabulist and a writer of proverbs, and consequently European authors have concluded that he must be the same person whom the Greeks; not knowing his real name, have called Ćsop i.e. Ćthiops.
Mr. Sale says: "The commentators mention several quick repartees of Luqman, which (together with the circumstances above mentioned) agrees so well with what Maximus Planudes has written of Ćsop, that from thence, and from the fables attributed to Luqman by the Orientals, the latter has been generally thought to be on other than the Ćsop of the Greeks. However that be (for I think the matter will bear a dispute), I am of opinion that Planudes borrowed a great part of his life of Ćsop from the traditions he met with in the East concerning Luqman, concluding them to have been the same person, because they were both slaves, and supposed to be the writers of those fables which go under their respective names, and bear a great resemblance to one another; for it has long since been observed by learned men, that the greater part of that monk's performance is an absurd romance, and supported by no evidence of the ancient writers."
Dr. Sprenger thinks Luqman is identical with the Elxai fo the Ebionites (Das Leben und die Lehre des Mohammad, vol. i. p. 34).
Luqman is the title of the XXIst Surah of the Qur'an.
"Troves." Property with a person finds and takes away to preserve it in trust. In English law, trover (from the French trouver) is an action which a man has against another who has found or obtained possession of his goods, and refuses to deliver them on demand. (See Blackstone.) According to Muhammadan law, the finder if lost property is obliged to advertise it for the space of a year before he can claim it for as his own. If the finder be a wealthy person, he should give it to the poor. (Hidayah, vol. ii. p. 277.) [TROVES.]
Arabic tana'um . In the training of children, the author of the Aklaq-i-Jalali condemns luxury. He says, "Sleeping in the day and sleeping overmuch at night should be prohibited. Soft clothing and all uses of luxury, such a cool retreats in the hot weather, and fires and furs in the cold, they should be taught to abstain from. They should be inured to exercise, foot-walking, horse-riding, and all other appropriate accomplishments. (Aklaq-i-Jalali, p. 280.)
Arabic kizzab . A pretty general infirmity of nature in the East, which still remains uncorrected by the modern influences of Islam. But Muhammad is related to have said: "When a servant of God tells a lie, his guardian angels move away from his to the distance of one mile, because of the badness of its smell." (Mishkat, book xxii. ch. ii.)
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