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"The systematic historical study of Islamic jurisprudence" as Mr. Fyzee rightly says, "is still in its infancy"; his own qualifications for that study (we may add) are excellent. In the Daaimu-l-Islam,the law book of an esoteric sect, he has material of exceptional interest and we look forward eagerly to the promised complete translation of which the present thin volume is only an instalment. May we offer a small suggestion for the complete work? It would be a convenience to many readers if the Arabic and English could be printed in parallel columns or pages.
Judging by the present instalment, the distinguishing characteristic of the Daaimu-l-Islam, when compared with the better known works of Islamic lawyers, is its greater religiosity. The Hedaya, for instance thinks it necessary to begin by justifying the legality of will, "although contrary to analogy"; and only refers to the Quran as a second argument in support of its dictum : nor are the Minhaju-t-talibin or the Ithna Ashria authorities (if Baillie's Imamecea be a safe guide) very different in their attitude. The Daaim, on the other hand, begins with the express text of the Quran and goes on through many pages of mingled political, religious, moral and esoteric exhortation of considerable eloquence. After all this - which is strictly speaking not law at all though of value to the student of legal history - comes the purely legal part of the book. This, as Mr. Fyzee rightly points out, is of interest in that it more often agrees with Sunni than with Ithna Ashria doctrines.
One or two minor inaccuracies should be corrected when the larger work appears, but do not detract from the merit of Mr. Fyzee's work. The ‘Ibadis (p.5) are not Sh i'i, and to class them as such is about on a level with calling English Roman Catholics Methodists because they are dissenters from the Established Church. The word "would" is the third line on this page is obviously a misprint for "should." There is no such community as the "the Malaks" of Nagpur C.P. (P.4) : the Atba-i-Malak Badar community whose affairs came before the Privy Council in Mohammad Ibrahim v Commissioner of Income Tax Nagpur, 32 Bom. L.R. 1538, is the Mehdi Bagh sect referred to in a footnote on the same page. The word Malak is part of the title of the community and of its religious head for the time being, but not of individual members of the sect. We have met Daudi Bohras of distinction who asserted that the word Bohra was of pure Arabic derivation, and Sulaimanis who repudiated the word altogether. These views are probably unsustainable, but they should, it is suggested, receive mention in legal work. An esoteric sect with an autocratic da'i bears a superficial resemblance to a Hindu caste with an autocratic guru ; and there are many legal dangers for a Muslim sect in being supposed to be of Hindu origin. In this connection the recent great judgement of Tyabji J. in Akbarally v Mahomedally (1933) 57B.551, does much to assert the Islamic liberty of the Daudis.
S.V. FITZGERALD