Minhaj et talibin. A manual of Mohammadan law according to the school of Shafii

594 Pages·2008·35.96 MB·English

by  Nawawi, 1233-1277

MINHAJ ET TALIBIN

:
MINHAJ ET TALIBIN
A MANUAL OF
MUHAMMADAN LAW
ACCORDING TO THE SCHOOL OF
SHAFII
BY
MAHIUDIN ABU ZAKARIA YAHYA IBN SHARIF EN
NAWAWI
TRANSLATED INTO ENGLISH FROM THE FRENCH EDITION
OF
L. W. G. VAN DEN BERG
BY
HOWARD
E. G.
LATE DISTRICT JUDGE, BINGAPOEE
LONDON
W. THACKER & 00., 2, OREED LANE, E.C.
CALCUTTA & SIMLA: THACKER, SPINK & CO.
l!)l-t
K
PKINTED BT
WILLIAM CL0WE8AND SOKS, LIMITED,
LOKDON AND BECCLE8.
PKEFATORY NOTE
In the préface to his édition of the Fath el Karih in 1894, Mr. L. W. C.
Van deu Berg remarked that " from yoar to year European control
over Moslem peoples is extending, so that it is unnecessary to insist
upon the importance of rendering the two works that fonn the basis of
the légal literature of the School of Shafii accessible, not only to a
small number of Arabie scholars, but also to magistrates and political
agents" to whom that language is for the niost part unfamiliar. This
being as true now as it was twenty years ago it is thought advisable to
pubhsh an English translation of the other and larger work referred to,
the Minhaj et Talibin, which " occupies the first rank for deciding légal
cases." In the préface to his édition of this treatise, published in 1882
at Batavia by the Government of the Netherlands Indies, Mr. Van den
Berg explained that the French version, of which this book is a ren-
dering into English, was not a mère literal translation of the concise
Arabie text, which would hâve been uninteUigible, but a paraphrase,
based partly upon the Moharrer and the Commentary of Mehalli, and
partly upon the two principal sixteenth-century commentaries on the
—
Minhaj et Talibin that isto say, the TohJat-el-Mohtaj and the Niliayat
el Mohtaj. It is not always possible to décide a question by référence
—
to the Minhaj alone and in such a case a Muhammadan jurist alim,
; —
fakih, mufti or kadi, as it may be bas recourse principally to the
Tohfa and the Nihaya, which Dr. Th. Juynboll, in his Handhuch des
islamischen Gesetzes, 1910, calls "the two standard works in the whole
modem Fikh-literature of the School of Shafii." It is hoped, therefore,
that the présent publication may be of some practical utility in the
direction above indicated, and at the same time not without interest
to the student of comparative jurisprudence.