Introduction: Colonial Inheritances

These statements made in a textbook for examinations on Hindu and Muhammadan law for entry into the British Civil Service reflect the administrative difficulties that the British had in approaching the governance of religious communities that they had identified. As the textbook itself remarks the adherence to their policy of non-interference in religion meant upholding the codes of law of Hindu and Muhammadan communities and this could not be done without reservations. Such reservations reflected in the statements made above reflect concerns of governance, that is, what are the nature and sources of political power. However, the question of governance was not merely that of political power, but also social categories where facts were required to fit theory. In approaching Muhammadan law, the candidate for civil service examinations is cautioned to remember that ‘the law is characterised by a strenuous effort to promote good faith and generous dealing’. However, ‘the standard of morality is too high’ and there is ‘evasion of its Utopian provisions’. Law has not served its purpose in the characterisation of criminal law ‘which is excessively humane and while discountenancing revenge has encouraged aggression’.

In learning about Muhammadan law, social facts such as the low position of women are important (various stipulations in respect to marriage and divorce are cited).