AUTHORITIES OP MOSULMAN LAW. 48/ 



forming part of the book entitled Adah ool kd%ee^ or 

 duties of the kdzee, in the Futuwd-i Adlumgeeree, or 

 collection of law cases, compiled by order of the Em- 

 peror Aa'lumgeer. The same chapter contains other 

 useful information upon the rules and discretion, under 

 which the Mosulman magistrate is empowered to ad- 

 mmistcr justice ; and as it is not long, a hteral trans- 

 lation of it is here introduced ; omitting only a quota- 

 tion from the Mubsoot, which being nearly a repetition 

 of that given from the Budaytd, the insertion of both 

 appeared superfluous. 



" It is incumbent upon a kdzee (or jud^e) to give 

 judgment according to the book of God ; to know 

 what parts of the divine book are in force, and what 

 have been abrogated ; to be able to distinguish be- 

 tween the texts which are clear and positive ; and such 

 as are of doubtful meaning, having obtained a different 

 interpretation from the learned. If no rule be found 

 in the bock of God, the kdue is to decide according 

 to the traditions from the Prophet. Fie must there- 

 fore be competent to discriminate those in force from 

 such as have been superseded ; and the spurious and 

 invalid, from such as are genuine and authoritative. 

 He must be acquainted with those which have obtained 

 successive, notorious, or single, verification; and with 

 the character and credit of the reporters of them. 

 Because some are celebrated for their knowledge of 

 jurisprudence (Jik-h oadalut\) as the four first khulee^ 

 jahsj and the three Abdoollahs, (viz. Abdoollah 

 iBN-i Omur, Abdloolah ibn-i Abba's, and Ab- 

 doollah iBN-i MusoooD, three of the more 

 learned of ttie companions;) whilst others are esteemed 

 on account of rheir long and familiar intercourse with 

 the Prophet, and their perfect recollection of the tra- 

 ditions ; and they are preferred accordingly ; the for- 

 nier as the best authorities on the general principles 



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