Development of Muslim Theology, Jurisprudence, and Constitutional TheoryMacDonald, Duncan Black
ReligionIslamic
Development of Muslim Theology, Jurisprudence, and Constitutional Theory
MacDonald, Duncan Black
Constitutional law (Islamic law); Islam -- Doctrines -- History; Islam and state -- History; Islamic law -- History
2. The distribution of booty taken in the field (_ghanima_).
3. The law of the tax on unbelievers (_fay_).
4. The law of the poll-tax on unbelievers (_jizya_).
_Book XII. Of Hunting and the Slaughter of Animals_
1. How an animal may be killed in the chase or otherwise.
2. What flesh may be eaten.
3. The ritual of sacrifice (_udhiya_).
4. The ritual of sacrifice for a child (_aqiqa_).
_Book XIII. Of Racing and Shooting with the Bow_
_Book XIV. Of Oaths and Vows (yamin, nadhr)_
1. What oaths are allowable and binding; how expiated.
2. Lawful and unlawful vows.
_Book XV. Of Judgments and Evidence (qada, shahada)_
1. Of the judge (_qadi_) and court usage.
2. The division (_qasm_) of property held in common.
3. Of evidence and oaths.
4. The conditions of being a legal witness (_adil_).
5. The difference of claims (_haqq_), on the part of God, and on the part
of man, and their legal treatment.
_Book XVI. Of Manumission of Slaves_
1. General conditions of manumission (_itq_).
2. The clientship which follows (_wala_).
3. Of freeing at death (_tadbir_).
4. Of the slave buying his freedom (_kitaba_).
5. Of the slave (_umm walad_) that has borne a child to her master or to
another and of her children.
APPENDIX II
I. BOOKS AND ARTICLES, GENERAL AND FUNDAMENTAL, FOR THE STUDY
OF ISLAM.
II. ON MUSLIM HISTORY AND ON PRESENT CONDITION OF MUSLIM WORLD.
III. ON MUSLIM TRADITIONS AND LAW.
IV. ON MUSLIM THEOLOGY, PHILOSOPHY AND MYSTICISM.
I
BOOKS AND ARTICLES, GENERAL AND FUNDAMENTAL, FOR THE STUDY OF ISLAM
The non-Arabist will gain much insight into Muslim life and thought
by reading such translations as that of Ibn Khallikan by De Slane
(Paris-London; 1843-71), the Persian Tabari, by Zotenberg (Paris;
1867-74), Ibn Batuta by Defrémery and Sanguinetti (Paris; 1853-58),
Mas‘udi by C. Barbier de Meynard and Pavet de Courteille (Paris;
1861-77), Ibn Khaldun’s _Prolégomènes_ by De Slane (Paris; 1862-68),
ad-Dimishqi by Mehren (Copenhagen; 1874), al-Beruni’s _Chronology_ by
Sachau (London; 1879).
The translations and notes in De Sacy’s _Chrestomathie arabe_ (Paris;
1826) can also be used to advantage.
Very many valuable articles will be found scattered through the
_Zeitschrift_ of the German Oriental Society (hereafter ZDMG), the
_Journal asiatique_ (hereafter JA), the _Journal of the Royal Asiatic
Society_ (hereafter JRAS) and the Vienna _Zeitschrift für die Kunde des
Morgenlandes_ (hereafter WZ).
It is always worth while to consult the _Encyclopædia Britannica_.
The best translations of the Qur’an into English are those by E. H.
Palmer (2 vols., Oxford; 1880) and J. M. Rodwell (London; 1871). The
first more perfectly represents the spirit and tone, and the second more
exactly the letter. The commentary added by Sale to his version and his
introduction are still useful.
Public-domain text, read in full here on John Shaqi.
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