5. _Mahommedan Law._--The Mahommedan law is always spoken of by
Mahommedans as a sacred law, and as contained in the Koran. But the
Koran itself could not have supplied the wants even of the comparatively
rude tribes to whom it was first addressed. Still less has it proved
sufficient to satisfy the requirements of successive generations. No
doubt the great veneration which Mahommedans have for the Koran has
caused them to be less progressive than members of other religious
creeds. But in human affairs some change is inevitable, and the law of
the Koran, like other sacred laws, has had to undergo the supplementary
and transforming influence of custom and interpretation, though not of
legislation. This direct method of changing the law by human agency,
natural and simple as it appears to us, is scarcely acknowledged by
Orientals even in the present day, except in the rare instances in which
it has been forced upon them by Western authority. But besides custom
and interpretation, another influence of a special kind has been brought
to bear upon Mahommedan law. Besides those utterances which the Prophet
himself announced as the inspired message of God, whatever he was
supposed to have said and whatever he was supposed to have done have
been relied upon as furnishing a rule for guidance. This tradition
(_sunna_) is only to be accepted if it can be traced up to a narrator at
first hand, though it would be rash to say that the chain of evidence is
always very strong. Mahommedans also, in support of a legal rule for
which there is no direct authority, resort to the argument from analogy
(_kiyas_). The principle involved in a rule for which authority can be
quoted is extended so as to cover other analogous cases. There have also
been accepted amongst Mahommedans, as authoritative, certain opinions on
points of law delivered by those who were actual companions of the
Prophet; these opinions are spoken of collectively under the name of
_ijma_. Some of these methods of extending and modifying the law have
produced changes which it would be very difficult to reconcile with a
strict adherence to the language of the Koran (see the Introduction to
the _Corps de Droit Ottoman_, by George Young; Oxford, 1905). The
Mahommedans of India generally are Sunnites of the Hanafite school. The
two principal authorities on Mahommedan law to which recourse is had by
the courts in India are the Hedaya and the Futwa Alumgiri. The Hedaya
was translated into English by Mr Hamilton. The Futwa Alumgiri was
compiled under the orders of the emperor Aurungzib Alumgir. It is a
collection of the opinions of learned Mahommedans on points of law. It
has not been translated, but it forms the basis of the _Digest of
Mahommedan Law_ compiled by Neil Baillie. The Mahommedan law, like the
Hindu law, is a personal law. It is essentially so in its nature.
Persons of any other religion are to a large extent outside its pale.
And in India, in civil matters, its application has been expressly
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