AUTHORITIES OP MOSULMAN LAW. 4Q3 



against his own opinion, in deference to that of the 

 Mooffee, it is according to the two disciples (Sa'hi- 

 by'n, viz. Aboo YoosuF and Ima'm Mohummud) 

 invaUd : in hke manner as in matters of religious pre- 

 ference on presumption it is forbidden to act upon the 

 judgment of others: but Aboo Hun kef ah holds the 

 sentence to be valid in such cases, as it is the result of 

 legal disquisition. Supposing the kazee not to have 

 exercised his own reason on the case, at the time of his 

 giving judgiient according to the opinion of the Moof- 

 tee ; and that he subsequently forms an opinion, at va- 

 riance with that of the Moofiee; Im'am Mohummud 

 says, his sentence is liable to abrogation ; but Aboo 

 YoosuF aiiirms, it is not affected thereby ; in the same 

 manner as it would not be affected if the kazee had 

 passed sentence on his own opinion, and had afterwards 

 changed thai opinion. The foregoing is copied from 

 the Ta tarkhaneeyah * . " 



" When there is neither written law, or concurrence 

 of opinions, for the guidance of the kazee, if he be 

 capable of legal disquisition, and have formed a deci- 

 sive judgment on the case, he should carry such judg- 

 ment into effect by his sentence, ahhough other scien- 

 tific lawyers may difier in opinion from hi rn ; and should 

 not be governed by their sentiments, in opposition to 

 his own ; for that which, upon deliberate investigation, 

 appears to be right and just, is accepted as such in the 

 sight of God. If however the persons, who declare an 

 opinion different from that of the kazee be superior to 

 him in science, and he consequently adopt their judg- 



♦ Vid. B'h. Or. Tatarhhan. An imperfect coj)y of the work refer- 

 red to, eiitirled Futataa-i Taldrkhaneeyaii , is i\\ the pos?ession of the 

 court of Aizamnt Adaliit, 



