Anglo-Muhammadan Uṣūl al-Fiqh?: The Development of Colonial Legal Theory in British India

Abstract

The jural colonization of Islamic law in India is predominantly read through the translation of key Ḥanafī fiqh texts in the early colonial period and the adjudication of legal cases relying on these texts. Ostensibly missing in this discussion is uṣūl al-fiqh. To what extent were colonial officials concerned with uṣūl al-fiqh? Were there any texts of uṣūl al-fiqh penned under the guise of jural colonization? And if so, what do these texts reveal about the Ḥanafī tradition in the British colonial period? This essay will analyze the first text of uṣūl al-fiqh, The Principles of Muhammadan Jurisprudence, penned in the late 19th century by a prominent Muslim judge, Abdur Rahim (1867-1952). Abdur Rahim's impetus for writing his text was to respond to specific critiques of Islamic law that characterized it as an incoherent legal system that could not generate legal certainty. Through exploring his text, I argue that despite his lack of ostensible madrasa training, Abdur Rahim situates his text within the intellectual development of the Ḥanafī school. However, because his text was intended for the British colonial elite, he minimizes key features of Ḥanafī uṣūl al-fiqh and ultimately produces a text that reflective more of madhhab eclecticism.