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202 NOTES TO CHAPTER 116. ‘Alamgiriyya, 1: 2. Also cf. Saqi Musta‘ad Khan, Maasir-i-‘Alamgiri, tr.Jadunath Sarkar (Calcutta: Royal Asiatic Society of Bengal, 1947), 315f.17. Cf. Gregory C. Kozlowski, <strong>Muslim</strong> Endowments <strong>and</strong> Society in BritishIndia (Cambridge: Cambridge University Press, 1985), 105; Bhatia, AdministrativeHistory, 159. As Radhika Singha has suggested, the emperor may also havebeen trying to assert state authority through this compilation, an effort that“would be taken up again in the Anglo-Muhammedan law as it evolved in the[East India] Company’s criminal courts.” Singha, A Despotism of Law, 16.18. Cf. Weiss, The Spirit of <strong>Islam</strong>ic Law, 116ff.19. See, for instance, “Kitab adab al-qadi,” in ‘Alamgiriyya, 3: 306–450, passim.See also 3: 362, on the possibility for a Hanafi judge to have a Shafi‘i judgedecide certain matters that the former’s school would not allow.20. Ibid., 3: 312.21. The ‘Alamgiriyya’s compilers had claimed that “for the most part, theyhave confined themselves to the zahir al-riwaya, <strong>and</strong> have only rarely turned tothe nawadir <strong>and</strong> the dirayat; [having recourse to the latter] only when they didnot find the answer to the problem in the zahir al-riwaya, or when they had foundthe nawadir characterized as ‘the opinion according to which the fatwas aregiven’ ” (‘Alamgiriyya, 1:3). These claims, however, were less than accurate. Cf.Wael B. Hallaq, “Model Shurut Works <strong>and</strong> the Dialectic of Doctrine <strong>and</strong> Practice,”<strong>Islam</strong>ic Law <strong>and</strong> Society 2/2 (1995): 122. Also cf. Hallaq, Authority, Continuity,<strong>and</strong> Change, 120, 234.22. See, for instance, Kozlowski, <strong>Muslim</strong> Endowments; idem, “When the‘Way’ Becomes the ‘Law’: Modern States <strong>and</strong> the Transformation of Halakhah<strong>and</strong> Shari‘a,” in Studies in <strong>Islam</strong>ic <strong>and</strong> Judaic Traditions, ed. William M. Brinner<strong>and</strong> Stephen D. Ricks (Atlanta: Scholars Press, 1989), 2:97–112; David S. Powers,“Orientalism, Colonialism, <strong>and</strong> Legal History: The Attackon <strong>Muslim</strong> Family Endowmentsin Algeria <strong>and</strong> India,” Comparative Studies in Society <strong>and</strong> History,31/3 (1989): 535–71; Scott Alan Kugle, “Framed, Blamed <strong>and</strong> Renamed: TheRecasting of <strong>Islam</strong>ic Jurisprudence in Colonial South Asia,” Modern Asian Studies35 (2001): 257–313. For more general studies of colonial law, see J.D.M. Derrett,Religion, Law <strong>and</strong> the State in India (New York: The Free Press, 1968), ch. 15<strong>and</strong> passim; Bernard S. Cohn, “Law <strong>and</strong> the Colonial State in India,” in Colonialism<strong>and</strong> Its Forms of Knowledge: The British in India (Princeton: Princeton UniversityPress, 1996), 57–75; Laura Benton, “Colonial Law <strong>and</strong> Cultural Difference:Jurisdictional Politics <strong>and</strong> the Formation of the Colonial State,”Comparative Studies in Society <strong>and</strong> History 41/3 (1999): 563–88.23. On the creation of British courts <strong>and</strong> the administration of civil <strong>and</strong> criminaljustice under the East India Company, see B. B. Misra, The Central Administrationof the East India Company, 1773–1834 (Manchester: Manchester UniversityPress, 1959), 220–377.24. Quoted in Asaf A. A. Fyzee, Outlines of Muhammadan Law (London:Oxford University Press, 1955), 37. Cf. Derrett, Religion, Law <strong>and</strong> the State,225ff.25. Garl<strong>and</strong> Cannon, ed., The Letters of Sir William Jones (Oxford: ClarendonPress, 1970), 2:720f. For the insistence of early colonial officials that their judicial

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