490 REMAKKh UPON THE 



*' If the concurrent opinion of the companions b6 

 not found in any case, which their followers may have 

 agreed upon, the Kdzee must be guided by the latter. 

 Should there be a difference in opinion between the 

 followers, let the Kdzee compare their arguments and 

 adopt the judgment he deems preferable. If, however, 

 none of the authorities referred to be forthcoming, and 

 the Kdzee be a qualified jurist; (Ahil ool-Ijlihdd, li- 

 terally a person capable of disquisition ;) he may con- 

 sider in his own mind what is consonant to the princi- 

 ples of right and justice ; and applying the result, with 

 a pure intention, to the facts and circumstances of the 

 case, let him pass judgment accordingly. But if he 

 be not a qualified person, let him take a legal opinion 

 from others who are versed in the law, and decide in 

 conformity thereto. He should, in no case, give judg- 

 ment without knowledge of the law ; and should never 

 be ashamed to ask questions for information and advice. 

 It is further requisite that the Kdzee attended to two 

 rules: first, that when the three Imdms (A boo Hun- 

 EEFAH, Aboo Yoosuf, and Ima'm Mohummud) all 

 agree, he is not at liberty to deviate from their joint 

 opinion, upon his own judgment. Secondly, when the 

 Imams differ, Abdoollah bin-i Moba'ruk * says, 

 the Kdzee" s sentence is to be given according to the 



poor, who, in the iintes prefixed by Syyud Ahmud-i Humavee to 

 an old copy of the Hidai/afi, pu'chasfd at Mukkah, is said to have 

 compiled the opinions of the followers of Ar.oj HuNEhFAH, in a 

 regular seri.'s ; whereas other compilers had bUnded tliem. This 

 Mohtct, however, is not extant in Indian and is only known by quo- 

 tations from it, 



•One of the pupils of Aboo HlneefaHj surnaraed Mukoozeb 

 from Muroo, the place of his nativity. He was held in high vene- 

 ration for his fieiy, and his tomb is said to he visited, at H/t, in 

 Arahian Erak, (Vid. Bib. Or. Tit. Abdalla), He died at the a^e of 

 63, A. li. 1^0, (MiratooI^adhmJ, 



