4Q4 REMARKS UPOfT THfi 



iment, (Questioning the grounds of it, from respect to 

 their superior knowledge, Aboo Huneefah admits 

 the legality of his proceeding. Aboo Yoosup and 

 Im'am Mohummud, on the contrary, do not allow it 

 to be legal, unless he ultimately adopt their opinion as 

 ' the result of his own judgment. This, at least, is one 

 report : but another says, that the master and his two 

 disciples held, respectively, the reverse of what has 

 been mentioned. If in any case, the kazee be perplex- 

 ed by opposite proofs, let him reflect upon the case, 

 and determine as he should judge right : or, for the 

 greater certainty, let him consult other able lawyers; 

 and if they diti'er, after weighing their arguments, let 

 him decide, as appears just. Should they agree with 

 each other, but differ from his own opinion on the case, 

 he is to adhere to the latter until he be convinced it is 

 ill founded, and may give judgment accordingly ; but 

 not precipirately, or until he has duly weighed and ex- 

 amined the whole of the circumstances and evidence. 

 Let him not fear or hesitate to act upon the result of 

 his own judgment, after a full and deliberate examina- 

 tion : but let him beware of a doubtful and conjectural 

 decision, without complete investigation, as such v/ill 

 not be approved in the account of his actions to God ; 

 though, from want of certain information to the con- 

 trary, it may pass as a valid sentence among men. 

 What has been here said supposes the k/rzee to be a 

 Moojtahid, or scientific jurist, competent, from his ta- 

 lents and learning, to undertake legal disquisition. If 

 he be not a person so qualified, but possesses a know- 

 ledge and lull recollection of the points and cases de- 

 termined by the eminent lawyers of his persuasion, let 

 hi -^ give judgment according to the tenets of those in 

 whom he confides ; and whom he believes it right to 

 follow. Should he not have a perfect recollection of 

 decided law- points, let him act upon expositions of 

 the law, by Mooftees of the orthodox doctrine ; or if 



