If jQuery doesn't do what you need, I suggest using Modernizr for feature detection instead.
The other option, of course, is simply to stick with the older version of jQuery, before $.browser
was deprecated. It still works just as well as it always did; no-one is forcing you to upgrade to the latest version.
Finally, you state that you can't edit the HTML so you can't use conditional comments. However, it's worth pointing out that IE also supports a Javascript equivalent to conditional comments. I would assume that you would be able to use this feature.
The following code is taken from Wikipedia - adapt it as necessary:
<script>
/*@cc_on
@if (@_jscript_version == 10)
document.write("You are using IE10");
@elif (@_jscript_version == 9)
document.write("You are using IE9");
@elif (@_jscript_version == 5.8)
document.write("You are using IE8");
@elif (@_jscript_version == 5.7 && window.XMLHttpRequest)
document.write("You are using IE7");
@elif (@_jscript_version == 5.6 || (@_jscript_version == 5.7 && !window.XMLHttpRequest))
document.write("You are using IE6");
@elif (@_jscript_version == 5.5)
document.write("You are using IE5.5");
@else
document.write("You are using IE5 or older");
@end
@*/
</script>