combination will occafion abufes, and corrupt the ftreams of juftice.—
Accordingly, the Hindoos were in many inftances expofed to unfair and
partial decifions, but more, particularly where - a MuJJ'ulman was concerned,
in which cafe the law of Mohammed was doubtlefs often
mifinterpreted, and wrefted to the purpofes of injuftice, or (which
was an evil of equal magnitude) the decree was the refult of a bargain
between the magiftrate and the higheft bidder. — Still, however,
thefe abufes did not alter the fpirit of the law, which continued
unvaried in its pftenftble operation; the MuJ]uiman courts determining
in all matters of a criminal nature, without exception, and in every cale
of MuJJ'ulman property; and admitting of appeals to the Hindoo Lawyers
(for there are no regular Hindoo courts of juftice) only in cafes where
the Mujjulman law had made no provifion, ór in which no Mohammedan
had any intereft.
Such was the Rate of jurifprudence in the B E N C H L provinces,
when a wonderful revolution threw the government of them into the
hands of the E nglish.
L i t t l e acquainted with the forms, and ftill lefs with the elementary
principles, of the native adminiftration of juftice in their newly acquired
territories, the Britifh government determined to introduce as few innovations
in thofe particulars as were confiftent with prudence; and the
only material alteration which, in courfe of time, took place, was the
appointment of Company’s fervants to fuperintend and decide, as Judges
in the civil Mujjulman courts, and as M agif rates with refpedt to the
criminal jurifdibtion.— An important change was indeed effected in the
adminiftration of both juftice and revenue, fo far as affedted the diftinc-
tions hitherto maintained between MuJJulmans and Hindoos. O f thefe the
latter had always been fubject to double taxes, and impofts of every denomination,
levied on principles which are fully explained in the courfe
of the prefent w o rk : and they alfo laboured under particular inconveniences
and difad vantages in every judicial procefs, (efpecially where
the
the-litigating adverfary was;a Mujjulman) fome of which have’ been
already noticed.— .By the Britifh government both have been placed, in
thefe points, upon an exa& equality ; and the Hindoo and Mujjulman, re-
fpeftively, have their property fecured to them under that fyftem which
each is taught to believe poffeffed of paramount authority : but. where
their interefts clafh in the fame caufe, the matter is neceffarily determined
by the principles of the Mujjulman law, to which long.ufage, flip-
ported by the policy of the Mogul government, has given a fort of pre-
fcriptive fuperiority.— Still, however, though much was effefted, much
remained to be done.— T h e gentlemen who were appointed to fuperintend
the proceedings of the courts, having had.no opportunity of ftudying the
languages in which the laws are written,, were conftrained, in their determinations,
to be guided by the advice of the native, officers— men
fometimes themfelves too ill informed to be • capable of judging, and
generally open to corruption.— Hence,appeared the neceffity of procuring
fome certain rule whereby thofe gentlemen might be guided,, without
beino- expofed to the mifconftru&ions of ignorance or intereft, and which
might enable them to determine- for themfelves, by a direft appeal to
the Mujjulman or Hindoo authority on the ground of which they were to
decide.— A compilation was accordingly formed, under the infpeftion of
the moft learned Pundits, (Hindoo Lawyers,) containing an abftraft of
the Hindoo laws, the tranflation of which into Englifh was committed
to Mr. H a lh e d ; and, fhortly after this was accomplifhed, a-number o f
the principal Mohammedan profeftors in Bengal were employed in tranflat-
ing from the Arabic into the Perfian tongue a commentary upon the
Mujjulman law, called the H E D A T A , or. Guide, a work held in high
eftimation among the people of that perfuafion. The Engjijh. verfion of.
that commentary is now fubmitted to the public..
Before the Tranflator proceeds to give an account of this work, it:
may be proper to.fay fomething concerning the L aws of. which it treats.
T he