Administration of Justice During Muslim Rule.pptx

Administration of Justice
During Muslim Rule in India
By
Justice (R.) Fahim Ahmed Siddiqui

Background
• This period starts with the invasion by Turkish Muslims in the Indian Sub-
continent in 1100 A.D.
• The Hindu kingdoms began to disintegrate gradually with the invasion of
Turkish race in the end of 1100 and the beginning of 1200.
• When Muslim conquered the states, they brought with them the Turkish
idea of administration.
• The theory of Muslims was based on Quran and their religious books
mainly compilations of Hadiths,
• Islamic concept is that sovereignty lies in Allah (God) and the King is His
humble servant to carry out His will on the earth.
• The ruler was regarded as trustee, being the Almighty's chosen agent.
By : Justice (R) Fahim A. Siddiqui

Muslim Period in India
• The whole Muslim period in India may be divided into two sub-
periods the Salateen of Delhi and the Mughal Empire.
• By the end of twelfth century Muslim Sultanate was established at
Delhi by Muhammad Ghori.
• This period existed for thirty, years beginning from 1206 till 1526.
• On the other hand, in 1526 Delhi Sultanate came to an end when
Delhi was captured by Zahiruddin Babar.
• Babar founded the Mughal Empire in India which existed until 1857.

Introduction of Sultanate of Delhi
• Ghaznavid and Ghourid invasion to India has laid the foundation of
Sultanate of Delhi
• Battle of Train (1191-1192) was one of pivotal moment. In 1191 the
Pirthivi Raj Chauhan (Raja of Ajmer) defeated Muhammad Ghauri in
first battle.
• Ghauri defeated Pirthivi Raj Chauhan in the second battle in 1192
from which the Ghauri Rule in north India started.

Introduction of Sultanate Dehli (Continued)
• After his victory at Tarain, Muhammad Ghori established a Muslim
state in the Indian subcontinent, with its capital at Delhi.
• He appointed his slave Qutb-ud-din Aibak as the governor of Delhi,
effectively marking the beginning of the Delhi Sultanate.
• This laid the foundation for subsequent Muslim rule in the region.

Dynasties of Salateen
• The Delhi Sultanate was characterized by the rule of various
dynasties, notably
1. the Slave Dynasty founded by Qutub Uddin Aibak (1206 to 1290),
2. Khilji Dynasty founded by Jalal Uddin Khilji (1290 to 1320),
3. Tughlaq Dynasty founded by Ghayas Uddin Tughlaq (1320 to 1414),
4. Syed Dynasty founded by Kirz Khan (1414 to 1451) and
5. Lodhi Dynasty founded by Bahlul Khan Lodhi (1451 to 1526).

Slave Dynasty
• Qutb-ud-din Aibak ruled as the first Sultan of Delhi, forming the Slave
Dynasty (also known as the Mamluk Dynasty).
• His rule was characterized by efforts to consolidate and expand the
Delhi Sultanate.
• After his death, several other rulers from the Ghurid dynasty ruled
the Sultanate.

Khalji and Tughlaq Dynasties
• The Khalji Dynasty, followed by the Tughlaq Dynasty, further
expanded the Sultanate's territory and strengthened its
administration.
• Alauddin Khalji and Muhammad bin Tughlaq were notable rulers
during this period.
• They introduced various administrative reforms and expanded the
Sultanate's borders.

Sayyid and Lodi Dynasties
• The Sayyid Dynasty and later the Lodi Dynasty ruled the Delhi
Sultanate in the 14th and 15th centuries.
• However, by the late 15th century, the Sultanate was weakened by
internal strife and external invasions, notably by Timor's invasion in
1398, which significantly weakened the power of the Delhi Sultanate.
• On account of Timor’s invasion, Babar considers his legitimate right to
rule over India, who succeeded in replacing the Sultanate with
Mughal empire.

Sultanate Delhi during Alauddin Khilji Period

Challenges Faced by Salateen of Dehli
1. The Indian subcontinent is known for its diverse cultures, religions,
and languages. The legal system needed to accommodate this
diversity.
2. The challenge of integrating Islamic legal principles with existing
Indian legal traditions.
3. Ensuring effective administration and justice delivery in a vast and
expanding area or empire.

Innovations By Sultanate Dehli
The legal system of Salateen witnesses several innovations, which are
as follows:
1. The Qazi System
2. Adalat System
3. Zabt System
4. Hindu Muslim Integration

The Qazi System
The Qazi (Islamic judge) played a pivotal role in the legal
system. Qazis administered justice according to Islamic law
(Sharia) and heard cases related to personal law, marriage,
inheritance, and property disputes.

Adalat System
The introduction of the "Adalat" or court system allowed for
the resolution of disputes that couldn't be settled by local
leaders or councils. The Adalat was presided over by a Qazi or
a Chief Justice (Sadr-i-Sadur).

Zabt System
• To enhance revenue collection and manage land-related
disputes, the Sultanate introduced the "Zabt" system, which
involved assessing and taxing agricultural lands based on
their fertility and productivity.
•

Hindu Muslim Integration
• The legal system under the Delhi Sultanate sought to
incorporate local customs and practices, recognizing the
diversity of the population. This included accommodating
Hindu legal practices alongside Islamic law in personal
matters.
• The integration is sometimes done in civil disputes also
especially when both disputants were Hindus.

Outcomes of Innovative Legal System
The legal system during Salateen-e-Dehli had several significant
outcomes, e.g.
1. Integration of Legal Traditions
2. Centralized Authority
3. Cultural Amalgamation
4. Continuation of Legacy

Integration of Legal Traditions
• The legal system reflected the fusion of Islamic and Indian
legal traditions.
• It helps and contributing to a more harmonious and inclusive
society.
• It is not only adoptable for the Muslim community but also
acceptable for the Hindu subject.

Centralized Authority
• India has first time seen a crystal clear centralized authority of legal
system under Nizam-e-Adl or Adalat System
• The Adalat system established on a pyramidic structure with a
centralized legal authority under the Sultan.
• The pyramidic structure not only helped to instill the faith of
diversified subjects on judicial system but it also bolstered the power
and authority of the central government.
•

Cultural Amalgamation
• The legal system's accommodation of local customs and
practices promoted cultural syncretism, contributing to the
rich cultural tapestry of the subcontinent.
• The cultural amalgamation made comfortable to all
stakeholders irrespective of their faith and ethnicity

Continuation of Legacy
• Many of the legal principles and administrative structures introduced
during the Delhi Sultanate era continued to influence subsequent
dynasties, including the Mughals
• Prior to Salateen, India has never seen such a legal system which is
cosmopolitan in nature.
• The system was not only acceptable for a heterogeneous population
but it was unchangeable even after change of power in the center or
provinces

Key Features of Salateen Legal System
• The Sultan or the King was the supreme authority to administer
justice in his kingdom.
• The judicial system under the Sultanate was organized on the basis of
administrative divisions.
• A systemic classification and gradation of the courts existed at the
seat of the capital, in Provinces, Districts, Parganahs, and villages.
• The powers and jurisdiction of each court were clearly defined.

Courts at Centre
• The King's Court,
• Diwan-e-Mazalim,
• Diwan-e-Risalat,
• Sadre Jahan's Court,
• Chief Justice's Court and
• Diwan-e-Siyasat.

The King’s Court
1. The King's court was presided over by the Sultan himself.
2. This court exercised both original and appellate jurisdiction
in all kinds of cases.
3. It was the highest court of appeal in the realm. In
discharging judicial functions the Sultan was assisted by
two reputed Muftis highly educated and expert in law and
sometimes one or two pandits well acquainted with Hindu
Mat traditions.

Diwan-e-Mazalim & Diwan-e-Risalat
1. The court of Diwan-e-Mazalim was the highest criminal
court of the entire sultanate having both the original and
appellate jurisdiction.
2. The court of Diwan-e-Risalat was the highest civil court
where usually appeals from subordinate judicial officers
were heard.

Chief Justice (Qazi-ul-Quzat)
1. Though the Sultan nominally presided over these courts, in the
absence of the Sultan the Chief Justice (Qazi-ul-Quzat) presided
over these courts.
2. Quazi-ul Quzat was the actual head of the judiciary and he tried all
types of cases.
3. Qazi-ul Quzat was appointed by the Sultan from amongst the most
virtuous of the learned men in his kingdom.

Sadre Jahan's Court
• In 1248, Sadre Jahan was appointed by Sultan Nasiruddin.
• Sadre Jahan’s Court hears the complaints against Qazies and other
Judicial Staff.
• This post was superior to post of Qazi-ul Quzat, as it has some sort of
administrative contol over all courts.
• Now he became defacto head of the judiciary.
• The offices of Sadre Jahan and Chief Justice remained separate for a
long period, but these were amalgamated by Sultan Ala Uddin.
• However, these were again separated by Sultan Firoz Tuughlaq.

Diwan-e-Siyasat
• The court of Diwan-e-Siyasat was constituted to decide the
cases of rebels and high treason etc.
• Its main purpose was to deal with specific criminal
prosecutions.
• However, sometimes the serious criminal cases like cases of
hardened criminals were also assigned to this court

Officers of the Courts
Some of the other officers attached to the court of Chief Justice or
other judges were as under:
1. Mufti
2. Pandit
3. Mohtasib
4. Dad Bakhsh
Note : Mufti, Pandit and Dad Bakhsh were also appointed in the
Provincial and other courts

Mufti
1. He was selected by the Chief Justice and appointed by the
Sultan.
2. He acted as legal expert and in case of difference of
opinion between the mufti and judge, the difference was
referred to the Sultan for decision.

Pandit
1. He was a Brahmin learned in law of Hindu and he acted as
expert of law in civil cases of non-Muslims and his position
was similar to the Mufti in such cases
2. A pandit may sit in a criminal case, where accused and
complainant both were non-Muslims but his opinion was
persuasive in nature.

Mohtasib
• He was entrusted with the prosecution for the violation of Islamic laws by
Muslims as well as cases pertaining to respect of Qazi.
• He is actually a government officer to supervise the religious conduct of
the Muslim subjects.
• Economic and financial help was provided to the ulema, Muslim scholars
and orthodox Muslims from this Office.
• Mosques were built and declaration of jihad was issued from this office.

Dad Bakhsh
• He was the registrar or the clerk of the court and his duty was to
ensure attendance of persons summoned by the court.
• Sometimes he was also entrusted with the task of trying of petty civil
cases.

Provincial Courts
In each Province (Subah) at the Provincial Headquarters four courts
were established, namely,
1. Adalat Nazim-e-Subah,
2. Adalat Qazi-e-Subah,
3. Governor's Bench (Diwan-e-Subah) and
4. Sadre-e-Subah.

Adalat Nazim-e-Subah
1. This court was presided over by the Nazim.
2. In the Province the Sultan was represented by the Nazim and like
the Sultan he exercised both original and appellate jurisdiction.
3. In original cases he usually sat as single judge.
4. From his judgment an appeal lay to the Central Court of at Delhi.
5. While exercising appellate jurisdiction, the Nazim sat with the Qazi-
e-Subah constituting a Bench to hear appeals.
6. From the decision of this Bench, a final second appeal lay before
the Central Court at Delhi.

Adalat Qazi-e-Subah
1. This court was presided over by the Chief Qazi of the Province.
2. This court tried all cases of civil and criminal matters.
3. It also heard appeals from the courts of District Qazis.
4. Appeals from this court lay to the Adalat Nazim-e-Subah.
5. This court also had the supervisory jurisdiction over the administration of
justice in his province and to see that the Qazis in districts were properly
functioning.
6. Qazi-e-Subah was appointed by the Sultan, but selected by the Chief Justice
amongst persons who had established reputation for learning and scholarship
of law and possessed a high character and was a man of unimpeachable
integrity.
Note: This Court was also assisted by the same three officials namely Mufti, Pandit,
and Dad bakhsh

Diwan-e-Subah
• This court had both original and appellate jurisdiction in all
revenue matters.
• It had the final authority in the Province over all cases
concerning revenue.

Sadre-e-Subah
1. This was the Chief Sharia Court in the province.
2. This court also dealt with the matters relating to grant of
stipend, lands etc.

District or Zilla Courts
1. This court had the jurisdiction to try all civil and criminal matters.
2. It also heard appeals from the decisions of the Parganah Qazis,
Kotwals and village panchayats.
3. This court was presided over by the Zilla Qazi who was appointed
by the Sadre Jahan on the recommendation of the Qazi-e-Subah.
Note: This Court was also assisted by the same three officials namely
Mufti, Pandit, and Dad bakhsh

Parganah's Courts (Taluqa Court)
1. The Courts of Qazi-e-Parganah and Kotwals were constituted at
each Parganah Headquarter.
2. Kotwal or Chief Police Officer of taluqa has administrative authority
over the entire taluqa with limited judicial powers
3. Qazi-e-Parganah enjoyed judicial authority and also looked after
certain administrative functions like checking weights and measures
and resolve issues as mediator

Parganah Qazi
1. This Court has power to try
certain civil and criminal cases
within the Tahsil
2. This Court has no appellate
jurisdiction.
Kotwal Court
1. This court was authorized to
try petty criminal and
municipality cases.
2. He was also the principal
executive officer of the town.

Village Courts OR Punchayat
1. For each group of villages, a panchayat was functioning to look after
the executive and certain judicial functions.
2. The panchayat decided petty civil and criminal cases of purely local
nature.

Faujder Court
• This court had jurisdiction to try petty criminal cases concerning
security and suspected criminals.
• Appeal from this court lay with the court of Nazim-e-Subah.

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