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In: Cambridge library collection. Perspectives from the Royal Asiatic Society
Composed in the twelfth century by the leading Muslim jurist Burhan al-Din al-Marghinani (1135–97), the original Arabic al-Hidāyah remains a central text of Islamic personal law. This English translation, from a Persian version of the work, was prepared by the orientalist Charles Hamilton (c.1752–92) for the East India Company in 1791. Although since superseded, it remains a fascinating document in the history of colonial jurisprudence. The legal system was central to the entrenchment of British rule in India, providing the framework for active control of civil administration and the courts. Translations of Islamic texts were intended to remove the language barrier for colonial officials, and blurred British and native law for the first time. Hamilton's text is one such, and its dedication to Warren Hastings and lengthy preliminary section outline its purpose and composition. Volume 1 contains sections on zakat (alms), marriage, fosterage, divorce, slavery, and vows
In: Cambridge library collection. Slavery and abolition
This work by the anti-slavery campaigner Granville Sharp (1735–1813) brings together legal and historical documents, as well as the author's own legal arguments, demonstrating that slavery was illegal and therefore could not be upheld in England. Furthering his own intellectual development while working for a linen draper, Sharp later became a government clerk and pursued a writing career. His awakening to the horrors of the slave trade resulted from a chance encounter with an injured slave seeking help from his physician brother. Carrying out the necessary legal research, Sharp published this book in 1769 to demonstrate that slavery has no basis in English law. In 1772, the landmark case of James Somerset was brought before Lord Mansfield, who upheld Sharp's contention: as a result, it was henceforth understood that any slave reaching the shores of England became free. Sharp's memoirs of his life are also reissued in this series