Legal System of Mughal Empire and Transmformation English Legal System.pptx

Legal System of Mughal Empire and
Transformation to English Legal System
By
Justice (R.) Fahim Ahmed Siddiqui

Establishment of Mughal Empire
• The decline of the Delhi Sultanate paved the way for the rise of the
Mughal Empire, which was established by Babur in 1526 after the
First Battle of Panipat.
• The Mughals gradually consolidated their power and ruled over a vast
empire, encompassing much of the Indian subcontinent.
11/29/2023 Justice (R) Fahim Ahmed Siddiqui 2

Stages of Mughal Empire
• Babur and the Founding Era (1526-1530)
• Humayun and the Turbulent Period (1530-1556)
• Akbar the Great and the Golden Age (1556-1605)
• Jahangir and Shah Jahan (1605-1658)
• Aurangzeb's Reign and Decline (1658-1707)
• The Later Mughals (Early 18th Century)
• The British East India Company and the End of the Mughal Empire
(Mid-18th Century - 1858)

Legal System of Mughals
1. The Mughals were fortunate indeed as they inherited a fully developed
legal system from the Sultanate of Delhi.
2. The continued the court system established by Salateen with some
changes made during different periods.
3. During the Mughal period (1526-1857) the Mughal emperor was
considered the 'fountain of justice.
4. The emperor created a separate department of justice (Mahakuma-e-
Adalat) to regulate and see that justice was administered properly.
5. Three important courts functioning at capital city of Delhi during this
period were known as Capital Court or Markazi Adalatain

Courts at Capital
1. The Emperor’s Court
2. The Court of Chief Justice (Qazi-ul-Quzat)
3. The Chief Revenue Court
4. The Court of Qazi Dehli
5. The Court of Qazi-e-Asakar

The Emperor's Court
1. The Emperor's court presided over by the emperor himself, was the
highest court of the empire.
2. This court had jurisdiction to hear both civil and criminal cases.
3. The Emperor while hearing the cases as a court of first instance, was
assisted by Daroga-e-Adalat, Mufti and Mir Adil.
4. While hearing appeal the Emperor presided over a Bench consisting of
the Chief Justice (Qazi-ul-Quzat) and other Qazis of Justice's court.
5. The Emperor referred matters to the Chief Justice for opinion regarding
authoritative interpretation of law on a particular point to the Chief
Justice's court.

The Court of Chief Justice
1. This was the second important court at the capital,
2. This court presided over by the Chief Justice was assisted by two
Qazies of great importance who were attached to this court as
puisne judges.
3. This court had jurisdiction to try original, civil and criminal cases
and also to hear appeals from the Provincial courts.
4. It had also supervisory power over the working of the Provincial
courts.

Chief Revenue Court
1. This was the third important court in Delhi.
2. It was the highest court of appeal to decide revenue cases.
Note: In each court, as stated above, four officials were attached
namely, (1) Daroga-e-Adalat, (2) Mufti, (3) Muhtasib and (4) Mir Adil.

Qazi of Dehli
• It is another court was the court at the capital.
• It is actually an additional court to the Qazi-ul-Quzat to decide local
civil and criminal matters.
• This judge of this court may perform function of Qazi-ul-Quzat in his
absence.

The court of Qazi-e-Askar
• It was a special court to decide military matters.
• This court moved from place to place with troops.
• No case of civilian disputation was taken by this court.
• However, if someone attacked upon a moving or camping army or any
of army installation, the matter may be referred to Qazi-e-Asakar

Provincial and Local Courts
• Nearly, the same hierarchy as existed during Salateen Period.
• However, they have given more authority to Kotwal in
respect of law and order but his judicial function was
minimized.
• Kotwal was bound to refer the local disputation to a
Punchayat for mediation or to a court for trial.

Important Aspects of Mughal Legal System
• Islamic Law (Sharia) is the Foundation
• Principle of Legal Authority
• Royal Decree (Farman)
• Department of Diwan-e-Qaza
• Legal Reforms
• Codification of Laws
• Land Revenue System

Islamic Law (Sharia) is the Foundation
1. The Mughal legal system was primarily based on Islamic law, known
as Sharia.
2. Sharia is a body of Islamic principles and values derived from the
Quran and the Hadith i.e. the sayings and actions of the Prophet
Muhammad (PBUH), which provided a moral and legal compass for
the Mughal Empire.
3. Sharia principles governed not only personal and family matters but
also civil and criminal law.

Principle of Legal Authority
1. Key figures in the Mughal legal system included the Qazi and the
Mufti.
2. The Qazi served as judge responsible for interpreting and applying
Islamic law in courts.
3. The Mufti was a legal scholar who provided religious and legal
guidance on complex issues and questions of Islamic law.
4. These legal authorities were critical in ensuring that the legal
system was aligned with Islamic principles and values.

Royal Decrees (Firman)
1. Mughal emperors issued royal decrees known as "Firman" to enact
laws and regulations.
2. These farameen were essential in shaping the legal landscape of the
empire.
3. They covered a wide range of matters, including taxation, land
revenue, and administrative matters.
4. The farameen were instrumental in maintaining uniformity in legal
practices across the empire.

Diwan-i-Qaza (Court of Justice)
1. The Diwan-i-Qaza was the central court responsible for handling
civil and criminal cases within the Mughal Empire.
2. It was presided over by the Qazi and other legal authorities.
3. The court followed the principles of Sharia and ensured that justice
was administered fairly and in accordance with Islamic law.
4. Legal proceedings in the Diwan-i-Qaza included the presentation of
witnesses and evidence to establish the guilt or innocence of the
accused.

Three Important Terms During Mughals
• Qanoon
• Ferman
• Islamic Law (Fiqh Hanafi)

Qanoon
• The term "qanun" referred to the custosmary law that was followed
in different regions of the Mughal Empire.
• It also covers the personal laws of different faith and sects practice by
different segments of the population of the empire.
• These customary practices, if acknowledged by the Mufties, is
accepted as law.
• These customary laws were not codified but accepted and operated
on the basis of local customs and practices.

Ferman
• Ferman is a written authority or order issued by the emperor.
• Usually, the king avoided to issue such Ferman, which are contrary to
the Islamic principle and none save to Akber the great deviated this
principle
• Mostly, these Fermans were aimed to grant land or nominate persons
for different positions status of a person.
• Sometimes, Ferman was issued to fix standards and issue directions,
which were followed as law.

Islamic Law (Fiqh Hanafi)
• Islamic law was the primary source of legal principles in the Mughal
Empire, and it was followed in matters related to personal law, family
law, and other religious issues.
• The qazis (Islamic judges) were responsible for adjudicating cases
based on Islamic law.
• It is worth noting that by and large, the Mughals used to follow Fiqh
Hanafi.

Need for Codification of Law
• It's important to note that the Mughal Empire was a diverse and multi-
religious empire, so there were often variations in the application of these
legal codes based on the religious and cultural diversity of the population.
• Additionally, local customs and practices played a significant role in the
application of the law in different regions of the empire.
• The Mughal legal system was a complex one, with a combination of Islamic
law, customary law, and administrative regulations.
• The Mughals tried to address the problem of complexity through legal
codes.
• The specific legal codes and their applications could vary over time and
across different regions of the empire.

Codes During Mughal Period
1. Zawabit (Regulations)
2. Ain-i-Akbari
3. Ain-ul-Mulk
4. Fatawa-i-Alamgiri (Alamgirnama)

Zawabit (Regulations)
• Each Mughal emperor issued their own set of regulations or
"zawabit" to govern different aspects of the empire.
• These regulations covered matters related to land revenue,
taxation, trade, and administration.
• They are based on Farman issued by the emperor and some
of them are still survive and available in different libraries.

Ain-i-Akbari
• This was a part of Akbar's reign (1556-1605) and was written by his
chief minister, Abu'l-Fazl ibn Mubarak.
• It was more of an administrative and revenue code rather than a legal
code.
• The Ain-i-Akbari provided detailed information about the
administration, culture, and society of the Mughal Empire, including
the legal and revenue systems in place during Akbar's rule.

Ain-ul-Mulk
• This code of law was developed during the reign of Emperor Jahangir
(1605-1627).
• It was primarily focused on administrative and revenue matters,
detailing the revenue collection system and governance.
• It was also aimed to remove the un-Islamic practices of Akber era.

Fatawa-i-Alamgiri
• The Fatawa-i-Alamgiri, also known as the "Alamgirnama" or "Alamgiri
Code," is a significant legal code compiled during the reign of
Emperor Aurangzeb (1658-1707) in the Mughal Empire.
• It is a comprehensive compilation of legal opinions (fatawa) based on
Islamic jurisprudence (Sharia) and was intended to serve as a
reference for Islamic law in the Mughal Empire.
• The code was prepared by a team of scholars and jurists led by Sheikh
Nizam-ul-Din and was completed in the year 1664.

Outline of the Fatawa-i-Alamgiri
Title and Preface:
• Introduction to the legal code, including its purpose and significance.
Organization:
• The code is organized into various volumes and sections, each dealing with
specific areas of law.
Jurisprudential Framework:
• Explanation of the principles of Islamic jurisprudence (fiqh) followed in the
code.

Outline of the Fatawa-i-Alamgiri(Continued)
Personal Status and Family Law:
• Detailed provisions on matters related to personal status, such as marriage,
divorce, inheritance, and family law.
Property and Inheritance:
• Provisions related to property rights, land tenure, and inheritance laws,
including rules for the division of property among heirs.
Criminal Law:
• Laws and punishments for various crimes, including theft, robbery, murder,
and other criminal offenses, in accordance with Islamic principles.

Commercial and Contract Law:
• Regulations pertaining to trade, commerce, contracts, and economic
transactions.
Wakf (Endowments):
• Rules and regulations governing religious endowments and charitable trusts.
Administrative and Fiscal Matters:
• Provisions regarding taxation, revenue collection, and administrative matters
of the Mughal Empire.

Legal Procedure:
• Description of legal procedures, including the roles of judges (qazis) and the
conduct of trials.
Evidence and Witnesses:
• Guidelines for the acceptance of evidence in court and the role of witnesses.
Penalties and Punishments:
• Explanation of the types of penalties and punishments that can be imposed
for various offenses, including corporal punishment and fines.

War and Peace:
• Legal aspects of warfare and diplomacy, including rules for the conduct of
military campaigns.
Rebellion and Sedition:
• Provisions for dealing with rebellion and sedition, including the punishment
of rebels.
Conclusion:
• A concluding section that summarizes the significance of the legal code and
emphasizes its role as a guide for the implementation of Islamic law in the
Mughal Empire.

Purpose of Fatawa-i-Alamgiri
• The Fatawa-i-Alamgiri was intended to provide a unified legal
framework based on Islamic jurisprudence to ensure consistency and
justice in the administration of law in the Mughal Empire. It had a
significant influence on the legal system of the time and continued to
be used as a reference in South Asia long after the decline of the
Mughal Empire.

Some Great Jurists of Mughal Period

Mawlana Nizam al-Din Ali ibn Abi Bakr al-
Siddiqi al-Hanafi (1500-1563)
• A prominent but controvercial jurist and theologian of Emperor Akber
period.
• He served as a Qazi-ul-Quzaat (chief justice) during Emperor Akbar's
reign.
• His scholarship influenced Akbar's policy of religious tolerance and led
to the compilation of the Din-i Ilahi.
• King Akber has given the title of Shaikh-ul-Islam

Allama Abul Fazl ibn Mubarak (1551-1602)
• He was the chief minister of Emperor Akbar and is best
known for his work, the "Ain-i-Akbari." This document
provided valuable insights into the administration, culture,
and society of the Mughal Empire during Akbar's reign.

Shaikh Ahmad Sirhindi (1564-1624)
• Also known as Mujaddid Alif Sani, he was a prominent Sufi scholar
and theologian. He is often associated with the Naqshbandi Sufi order
and is known for his efforts to revitalize Sufi thought in the Indian
subcontinent.
• He opposed some of the practices of Mughal Courts and led the
religious leaders who succeeded in culminating Akber’s thought and
ideas.

Qazi Sadr al-Din Muhammad Shushtari (1583-
1660)
• A Persian scholar and jurist, he was appointed as the chief
qazi of the Mughal Empire during Emperor Shah Jahan's rule.
• His legal opinions and contributions to Islamic jurisprudence
are highly regarded.

Sheikh Nizam-ul-Din (1601-1674)
• He was a prominent jurist and scholar who played a key role
in the compilation of the Fatawa-i-Alamgiri, a comprehensive
legal code based on Islamic jurisprudence (Sharia) that was
prepared during the reign of Aurangzeb.

Qazi Mughisuddin (d. 1670)
• Qazi Mughisuddin was an influential jurist who served as the
chief qazi (Islamic judge) in the Mughal Empire during
Aurangzeb's rule. He was known for his expertise in Islamic
law and his role in the administration of justice.

Maulana Abd al-Rahim (d. 1693)
• A scholar and jurist, Maulana Abd al-Rahim was appointed as
a qazi by Emperor Aurangzeb and was known for his
contributions to the field of Islamic jurisprudence.

Maulana Abdul Qadir Badayuni (1637-1703)
• A renowned scholar and jurist, Maulana Abdul Qadir
Badayuni was known for his knowledge of Islamic law and his
association with the Mughal court during Aurangzeb's reign.

Maulana Shihab al-Din al-Nu'mani (1629-1719)
• He was a prominent jurist and scholar who served as a qazi
and contributed to the interpretation and application of
Islamic law during the Aurangzeb period.

Shah Waliullah Dehlawi (1703-1762)
• A prominent Islamic scholar, theologian, and reformer, he
played a crucial role in advocating for Islamic revival and
emphasized the importance of Islamic jurisprudence and
theology in Indian society.

Declining Era of Mughal Empire
• Decline era of Mughal Empire started during Aurangzeb period.
• No doubt, he expended the Empire boundaries but it costs much
which weaken financial position.
• After Aurangzeb, he successors were weak kings and remained under
influence of powerful nobles.
• Regional governors (Sobedar) gained significant autonomy, which
weakened central authority.
• Marhata, Afghan and Persian invasion has caused fatal bellow to the
Military Power of Mughuls

Rise of European Colonial Power
• The presence and influence of European colonial powers, particularly
the British, increased during this period.
• The British East India Company and other European trading
companies established control over various parts of India and used
local rulers as puppets, further eroding Mughal authority.
• The decline of the Mughal Empire was accompanied by changes in
art, culture, and society. The Mughal patronage of the arts declined,
and there was a shift in cultural and artistic trends towards
Europeanism.

Beginning of the End
• By the mid-18th century, the Mughal Empire had been in decline, and
various regional powers were emerging in India.
• The British East India Company, which initially arrived in India for
trade, gradually became involved in local politics and conflicts.
• The Battle of Plassey in 1757 and the Battle of Buxar in 1764 marked
significant victories for the British East India Company, giving them
control over vast territories.

Legal and Administrative Changes
• The British sought to establish and consolidate their rule in India. To
do this, they needed a stable and efficient administrative system.
• They recognized that the existing Mughal administrative and legal
systems were not well-suited to their goals, as they were often based
on Islamic law (Sharia) and Persian administrative practices.
• The British began to introduce their own legal and administrative
structures, gradually replacing or modifying the Mughal systems. Key
elements of this transformation included the establishment of British
courts, revenue systems, and administrative bureaucracy.

The Cornwallis Reforms (1793)
• Lord Cornwallis, the Governor-General of India, introduced a series of
reforms in 1793 that laid the foundation for the British legal system in
India.
• These reforms established a more structured and codified legal
system, inspired by English law. They introduced principles like the
rule of law, the separation of powers, and the protection of property
rights.

The Doctrine of Lapse
• The British also implemented policies like the Doctrine of Lapse,
which allowed them to annex princely states if the ruler died without
a male heir or if they were deemed unfit to rule.
• This policy gave the British control over more territories and
increased their influence.

Impact on Indian Society
• The introduction of British legal and administrative systems had a
profound impact on Indian society. It often led to tensions and
conflicts as traditional norms clashed with the new colonial legal
framework.
• It also facilitated British control and exploitation of Indian resources
and wealth.

The Fall of Mughals and Rise of British Raj
• The decline of the Mughal Empire culminated in the Indian Rebellion
of 1857, also known as the Indian Mutiny or the First War of Indian
Independence, which marked the end of direct Mughal rule.
• After the rebellion's suppression, the British formally ended the
Mughal Empire and established the British Raj in India.
• The last Mughal emperor, Bahadur Shah II, was exiled to Rangoon,
Burma (now Yangon, Myanmar), where he died in 1862.
• This marked the end of the Mughal dynasty and the beginning of
British colonial rule in India.

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