LEGAL INSTITUTIONS IN MEDIAVAL INDIA

RAJIV GANDHI NATIONAL UNIVERSITY OF LAW,

PUNJAB, PATIALA

Legal Institutions in Medieval India

-An Evaluative Study

Prepared for: Mrs. Rachna Sharma.

Prepared by: Ankita Mittal, 427

Debarati Dey, 429

Prakhar Deep, 437

Anshul Gupta, 439

CERTIFICATE

This project is purely based on the bonafide research work carried out

under the guidance and supervision of Mrs. Rachna Sharma and the same has not

been submitted anywhere for any purposes whatsoever.

Ankita Mittal

Debarati Dey

Prakhar Deep

Anshul Gupta

Rajiv Gandhi National University of Law 2

Legal Institutions In Medieval India: An Evaluative Study

Contents

ACKNOWLEDGEMENT..........................................................................................................4

Abstract........................................................................................................................................5

Introduction.................................................................................................................................6

CHOLA ADMINISTRATION.................................................................................................10

The Delhi Sultanate...................................................................................................................12The Administration of Justice: Constitution of Courts...................................................................14

i) Central Capital ........................................................................................................................14Province:..........................................................................................................................................15Parganah:.........................................................................................................................................16

The Mughal Period: Judicial System......................................................................................17The Administration of Justice: Constitution of Courts...................................................................17

i) The Imperial Capital-...............................................................................................................17iii) Districts (Sarkars)-..................................................................................................................19iv) Parganah:…………………………………………………………………………………... 20v) Villages:...................................................................................................................................20

Crimes and Punishments.......................................................................................................................22

ACKNOWLEDGEMENT



We take this opportunity to express our humble gratitude and personal

regards to Mrs. Rachna Sharma for inspiring us and guiding us during the course of

this project work.

We also extend our sincere thanks to our parents and friends for the

inspiration and guidance given to us from time to time during the progress of

this project work. And we also want to extend our regards to the library staff

of our university as without their help this project was not possible.

Group 5

Abstract

Lord Acton –

“History to be above evasion or dispute, must stand on documents, not opinions.”

We have taken up this topic to study Legal Institutions prevalent in Medieval

India. We shall be discussing their magnitude and momentousness and also their complications.

In this project we have tried to go over with a fine-tooth comb to understand the legal system

and its functioning and how efficacious it was to the people of the reign. This study also covers

up different reigns in Medieval India like Cholas, Delhi Sultnate and Mughals and

contributions made by them to the Indian history. It commentate on rise and fall of the rulers in



Medieval India in chronological order so as to make the study of legal institutions and their

capacity of imposing law on their population facile and sequential. In this project we shall be

taking up each kingdom in respective chapter so as to bring a coherent and unclouded picture of

legal history.We have tried to assess every detail of the judicial setup and its working. In

addition to this we have also tried to

IntroductionMedieval Era ranges from ------ and was the most influencing era in the Indian

history. The span began with Cholas in the power. It was the most important dynasty to rise out

of the South India. To begin with, the Cholas had managed almost immediately to reduce the

Pallavas to the status of minor feudatories. They remained in power for 300 years. This they

managed with sheer tenacity over a period from 900-1100 AD and even then for a short while

only. The first important ruler to emerge from the dynasty was Rajaraja Chola I (985-1014AD)

and his son and successor Rajendra Chola (1014-1035AD). Rajendra Chola I was killed in

1052AD, in battle against his old foes, The Chalukyas. The successors of Rajendra I were far

too occupied with their problems within the peninsula to worry about overseas expansion.



Almost throughout they remained at loggerheads with the Chalukyas, with both carrying

attacks and revenge raids against each other. However, by the middle of the 12th century Chola

power was already deep into decline. The south was simply far too divided and no one kingdom

stood out as a clear leader. The scene rapidly shifted to the north where much liveliness had

occurred by this time.1

It was what the historians call the 'early medieval' period of India, about the 11th

to 12th century AD when the much traveled Rajputs were floating restlessly around looking for

a home before finally finding shelter in the Rajputana area. Here the strategic location of Delhi

came to play as it was the doorway to both the fertile Punjab, the fabled land of the five rivers,

and the fertile Ganges valley.

A number of important legal institutions were developed by Islamic jurists

during the classical period of Islamic law and jurisprudence, known as the Islamic Golden Age,

dated from the 7th to 13th centuries. One such institution was the Hawala, an early informal

value transfer system, which is mentioned in texts of Islamic jurisprudence as early as the 8th

century. Hawala itself later influenced the development of the Aval in French civil law and the

Avallo in Italian law.[15] The "European commenda" limited partnerships (Islamic Qirad) used

in civil law as well as the civil law conception of res judicata may also have origins in Islamic

law.2

In 1000AD, Mahmud of Ghazni (Afghanistan) encroached upon Indian

territories for the first time and then made these invasions almost an annual feature. What with

no strong central power, looting the wealth of India to replenish the coffers of Ghazni must

have been as easy as finding it. In all, Mahmud invaded India eleven times and the wealth he

looted from here went into funding his campaigns in central Asia and mosques, libraries and

museums in Ghazni. Strangely enough, no confederacy appeared to ward off his invasions.

After Mahmud's death in 1030AD, any chances of such a mutual consensus being reached

among the rulers fizzled out since the significance of his raids as forerunners for others to

follow was never quite grasped.

The Delhi Sultanate had a much longer reign in Delhi than any other dynasty that had

1 http://www.indiaandindians.com/india_history/cholas.php2 http://en.wikipedia.org/wiki/Legal_history



http://en.wikipedia.org/wiki/Res_judicata

http://en.wikipedia.org/wiki/Civil_law_(legal_system)

http://en.wikipedia.org/wiki/Qirad

http://en.wikipedia.org/wiki/Limited_partnership

http://en.wikipedia.org/wiki/Legal_history#cite_note-Badr-14

http://en.wikipedia.org/wiki/Italy

http://en.wikipedia.org/wiki/French_civil_law

http://en.wikipedia.org/wiki/Aval

http://en.wikipedia.org/wiki/Fiqh

http://en.wikipedia.org/wiki/Informal_value_transfer_system

http://en.wikipedia.org/wiki/Informal_value_transfer_system

http://en.wikipedia.org/wiki/Hawala

http://en.wikipedia.org/wiki/Islamic_Golden_Age

http://en.wikipedia.org/wiki/Fiqh

http://en.wikipedia.org/wiki/Sharia

http://en.wikipedia.org/wiki/Ulema

http://en.wikipedia.org/wiki/Institution

come before it. In fact, it remained in power throughout the period between 1190 and 1526. The

state's boundaries kept shifting, and at different times included Afghanistan and the Deccan, but

the central dynasty did not budge till the Mughals arrived.The first to begin the consolidation

work the dynasty was Altamash (1211-1236AD), who was the son-in-law and successor of

Qutub-ud-din Aibak. The Slave Dynasty is also famous for having given India its first woman

king, Raziya Sultan (1237-1240AD), the daughter and successor of Altamash.She was followed

by a very tough customer, Ghiyas-ud-din Balban (1266-1286AD). Balban left a strong base for

his successors to build upon. Now the Sultanate saw the rise of the Khaljis, together with Jala-

ud-din Khalji (1290-1296AD) and Ala-ud-din Khalji (1296-1316AD), who were its first real

dynasty. They were followed by the Tughlaqs who produced three strong rulers – Ghiyas-ud-

din Tughlaq (1320-1414AD), Muhammad-bin-Tughlaq (1325-1351AD) and Feroze Shah

Tughlaq (1350-1388AD). After Feroze Shah’s death, the luck of the Delhi Sultanate ran out

and it was sacked thoroughly and absolutely by Timur, the Lame, the famous Persian ruler.

This was however not the first time that India had been invaded since the Delhi Sultanate took

charge. Almost throughout its history, the Sultanate was troubled by repeated invasions from

the persistent Mongols but they were able to successfully repel all Mongol advances.

The last dynasty of the Sultanate was the Lodi dynasty. The last Lodi ruler,

Ibrahim Lodi was greatly disliked in his court and subjects alike. He was overly ambitious.

Thus, governor of Punjab- Daulat Khan and his uncle, Alam Khan sent an invitation to Babur,

the ruler of Kabul, to conquer Delhi. The first Battle of Panipat (April 1526) was fought

between the forces of Babur and Delhi Sultanate. Ibrahim Lodi was killed in the battleground.

By way of superior generalship, vast experience in warfare, effective strategy and appropriate

use of artillery, Babur won the First battle of Panipat and occupied Agra and Delhi. He set the

foundation of the Mughal dynastywhich was to rule India for another 300 years.

Babar ruled until 1530, and was succeeded by his son Humayun, who gave the

empire its first distinctive features. But it is Humayun's son, Akbar the Great, who is

conventionally described as the glory of the empire. Akbar reigned from 1556 to 1605, and

extended his empire as far to the west as Afghanistan, and as far south as the Godavari river.

Akbar, though a Muslim, is remembered as a tolerant ruler, and he even started a new faith,

Din-i-Ilahi, which was an attempt to blend Islam with Hinduism, Christianity, Jainism, and

other faiths. He won over the Hindus by naming them to important military and civil positions,



http://en.wikipedia.org/wiki/Mughal_dynasty

http://en.wikipedia.org/wiki/Delhi

http://en.wikipedia.org/wiki/Agra

http://en.wikipedia.org/wiki/First_battle_of_Panipat

http://en.wikipedia.org/wiki/Babur

http://en.wikipedia.org/wiki/Babur

http://en.wikipedia.org/wiki/Delhi

http://en.wikipedia.org/wiki/Kabul

http://en.wikipedia.org/wiki/Punjab_region

by conferring honors upon them, and by marrying a Hindu princess.

Akbar was succeeded by his son Salim, who took the title of Jahangir. In his

reign (1605-1627), Jahangir consolidated the gains made by his father. The courtly culture of

the Mughals flourished under his rule; like his great grand-father, Babar, he had an interest in

gardens, and Mughal painting probably reached its zenith in Jahangir's time. Jahangir married

Nur Jahan, "Light of the World", in 1611. Shortly after his death in October 1627, his son, Shah

Jahan, succeeded to the throne. He inherited a vast and rich empire; and at mid-century this was

perhaps the greatest empire in the world, exhibiting a degree of centralized control rarely

matched before. Shah Jahan left behind an extraordinarily rich architectural legacy, which

includes the Taj Mahal and the old city of Delhi, Shahjahanabad. As he apparently lay dying in

1658, a war of succession broke out between his four sons. The two principal claimants to the

throne were Dara Shikoh, who was championed by the those nobles and officers who were

committed to the eclectic policies of previous rulers, and Aurangzeb, who was favored by

powerful men more inclined to turn the Mughal Empire into an Islamic state subject to the laws

of the Sharia. It is Aurangzeb who triumphed, and though the Mughal Empire saw yet further

expansion in the early years of his long reign (1658-1707), by the later part of the seventeenth

century the empire was beginning to disintegrate.

The Mughal Empire survived until 1857, but its rulers were, after 1803,

pensioners of the East India Company. The last emperor, the senile Bahadur Shah Zafar, was

put on trial for allegedly leading the rebels of the 1857 mutiny and for fomenting sedition. He

was convicted and transported to Rangoon, to spend the remainder of his life on alien soil.

CHAPTER 1

CHOLA ADMINISTRATIONThe Early history of India by V.A. Smith remarks that ancient Indian history

cannot be viewed properly unless the non- Aryan institutions of South receive adequate

attention. Hinduism is the focal point of ancient Indian culture. The Chola kingdom lay on the

Coromandel Coast with its capital at Kanjeevaram. The Chola kings had good navy. The

administrative machinery was highly organized. The self- government was the most remarkable

feature of their administration. The Cholas retained their independence till Malik Kafur



http://www.sscnet.ucla.edu/southasia/History/Mughals/Aurang.html

http://www.sscnet.ucla.edu/southasia/History/Mughals/Jehang.html

defeated the last Chola ruler in 1310.

The Chola administration was as efficient as it was integrated. From the

inscription of Parantaka I the details about the Chola administration can be found. Under the

Chola kindom the king had a council of ministers. The kingdom was divided into a number of

provinces known as mandalams, The mandalams in turn were divided into valanadu and nadus.

The basis of administration was the village. A large village or a group of villages formed

Kurram. Every village had arrangement of self- governmentor the autonomous administration. .

Panchayat was the in charge of the administration of the village. A few large villages or

Kurrams would constitute a district, that is Nadu, and a few nadus would form a division or

Kottam. The Chola kings developed a powerful navy for the purpose of developing a maritime

empire and seaborne trade. Each village had a village assembly known as the ur or the sabha.

The members of the sabha were elected by lot, known as kudavolai system. There was a

committee to look after the specified departments, such as justice, law and order, irrigation etc.,

which were called as variyams. 3

Justice was mostly a local matter in the Chola Empire, where minor disputes

were settled at the village level. The punishments for minor crimes were in the form of fines or

a direction for the offender to donate to some charitable endowment. Even crimes such as

manslaughter or murder were punished by fines.4

Crimes of the state such as treason were heard and decided by the king himself

and the typical punishment in such cases was either execution or confiscation of property.

Village assemblies exercised large powers in deciding local disputes. Small

committees called Nyayattar heard matters that did not come under the jurisdiction of the

voluntary village committees. The punishments in most cases were in the form of donations to

the temples or other endowments. The convicted person would remit their fines at a place

called Darmaasana.

There was no distinction between civil and criminal offences. Sometimes civil

disputes were allowed to drag on until time offered the solution. Crimes such as theft, adultery

3 http://www.indiaandindians.com/india_history/cholas.php4 http://en.wikipedia.org/wiki/Chola_government



and forgery were considered serious offences. In most cases the punishment was in the order of

the offender having to maintain a perpetual lamp at a temple. Even murder was punished with a

fine.5 In one instance a man had stabbed an army commander. Rajendra Chola II ordered the

culprit to endow 96 sheep for a lamp at a neighbouring temple.

Capital punishment was uncommon even in the cases of first-degree murder.

Only one solitary instance of capital punishment is found in all the records available so far.

Chapter 2

The Delhi SultanateThe Delhi Sultanate was one of many Muslim states that ruled in India from

1206 to 1526. Several Turkic and Afghan dynasties ruled from Delhi: the Mamluk dynasty

(1206-90), the Khilji dynasty (1290-1320), the Tughlaq dynasty (1320-1413), the Sayyid

dynasty (1414-51), and the Lodi dynasty (1451-1526). In 1526 the Delhi Sultanate was

5 http://en.wikipedia.org/wiki/Rajendra_Chola_II



http://en.wikipedia.org/wiki/Lodi_dynasty

http://en.wikipedia.org/wiki/Sayyid_dynasty

http://en.wikipedia.org/wiki/Sayyid_dynasty

http://en.wikipedia.org/wiki/Tughlaq_dynasty

http://en.wikipedia.org/wiki/Khilji_dynasty

http://en.wikipedia.org/wiki/Mamluk_Sultanate_(Delhi)

http://en.wikipedia.org/wiki/Pashtun_people

http://en.wikipedia.org/wiki/Turkic_peoples

http://en.wikipedia.org/wiki/Hindustan

http://en.wikipedia.org/wiki/Muslim

absorbed by the emerging Mughal Empire.

The consolidation of the Delhi Sultanate took place under the Tughlak Dynasty.

The political theory of Medieval Islam was based on the teachings of the Qur’an, the traditions

of the Prophet, precedent and Greek thought. The Qur’an laid down only the broad principles of

social life and political organization.

In a theoretical and formal sense, the Islamic law(Shariah) was accredited by the

Delhi Sultans who recognized its supremacyand also tried to prevent its open violation. But

they had to supplement it by framing secular regulations(Zawabit),too. A point of view is that

the Turkish State was a theocracy; in practice, however, it was the product of expediency and

necessity wherein the needs of the young state assumed paramount importance. The

contemporary historian Ziauddin Barani distinguished.betwen jahandari(secular) and

dindari(religious)and accepted the inevitability of some secular features, because of the

contingent situations coming up. Thus, the needs of the emergent State shaped many policies

and practices not always consistent with Islamic fundamentalism. For example, during the reign

of Sultan lltutmish (1211-1236), a sectarian group (shajai)of Muslim divines approached the

Sultan and asked him to enforce the Islamic law strictly, thatis, giving the Hindus the option of

Islam or Death.On behalf of the Sultan, the wazir;'Junaidi, replied that this could not be done

for the moment as the Muslims were like salt in a dish of food. Barani records a conversation

that Sultan Alauddin Khalji had with one of his leading theologians, Qazi Mughisuddin, over

the question of appropriation of booty. While the Qazi pointed out the legalistic position which

prevented the Sultan from taking the major share of the booty, the Sultan is said to have

emphasized that he acted according to the needs of the State which were paramount. These

instances show that, in practice, the Turkish State was not theocratic but evolved according to

its special needs and circumstances despite the fact the main ruling class professed Islam.

The Central Administrative machinery of the State consisted of the nobles

controlling various offices with the Sultan at the helm of affairs.

In the early Islamic world, there was no sanction for the position of the Sultan.

With the disintegration of the Caliphate, the Sultan began to appear in the sense of a powerful

ruler and an independent sovereign of a certain territory. The Delhi Sultans could make civil

and political regulations for public welfare. Khutba and Sikka were recognized as important



http://en.wikipedia.org/wiki/Mughal_Empire

attributes of sovereignty. Thekhutba was the formal sermon following the congregational

prayer on Fridays wherein the name of the Sultan was mentioned as the head of the community.

Coinage was the ruler's prerogative: his name was inscribed on the coins (sikka).

There were many officials to look after the royal household. The wakil-i-

darlooked after the entire household and doled out salaries to the Sultan's personal staff. The

amir-i-hajibfunctioned as the master of ceremonies at the court. All petitions to the Sultan were

submitted through the latter. There were other minor officials also.

The civil administration of the Sultanate was headed by the Sultan and his Chief

Minister (Wazir). The Sultanate was divided into administrative divisions from province to the

village level. Principle of forming the administrative division remained the same with minor

changes in the area of each division. The Sultanate was divided into Provinces (Subahs). The

province was composed of Districts (Sarkars). Each District was further divided into Parganas.

A group of villages constituted a Pargana.

The Sultan was represented in each Province (Subah) by a Governor (Nazim or

Mufti), under whom a number of departmental heads were appointed. The Governor was

responsible to maintain law and order and also to collect revenue in each province. In each

District (Sarkar), the Fauzdar was the principal executive and police officer, who represented

the Governor. The Kotwal was the immediate commanding officer in the cities and Shiqahdar

was the immediate commanding officer in the cities and Shiqahdar was in Parganahs. The

Paraganahs was the smallest administrative unit having its own officials- the executive officer,

officer recording produce, the treasurer and two registrars. Munsif was the chief assessment

officer and the revenue collector.

The village was the smallest unit of administration. It was the basic economic unit.

It was administered by three officials- the village headman, the accountant (Patwari) and the

registrar(Chaudhari).The Village Assemblies or Panchayats manged local administration. At

the village level and to large extent in the paragnah, many Hindu officers, belonging to families

associated with administration, were still allowed to work.

In provincial capitals large markets were also established. Cities were divided into



sectors and each sector was in the charge of two officials who were responsible to the chief city

administrator.

The Administration of Justice: Constitution of CourtsIn Medieval India the Sultan, being head of the State, was the supreme authority to

adminster justice in his kindom. The administration of justice was one of the important

functions of the Sultan which was actually done in his name in three capacities: As arbitrator in

the disputes of his subjects he dispensed justice through the Diwan-i-Qaza; as head of

bureauracy justice through the Diwan-i-Mazalim; as the Commander-in-Chief of Forces

through his military commanders who constituted Diwan-i-Siyasat to try the rebels and those

charged with high treason. It was the Sultan’s sole prerogative to order the execution of a

criminal and the courts were required to seek his prior approval before awarding the capital

punishment.

The Judicial system under the Sultans was organized on the basis of administrative

divisions of the kingdom. A systematic classification and gradation of the courts existed at the

seat of the capital, in Provinces, Districts, Parganahs and Villages.6 The powers and jurisdiction

of each court was clearly defined.

i) Central Capital – Six courts which were established at Delhi, Capital of the Sultanate,

may be stated as follows:-

The King’s court, Diwan-e-Mazalim, Diwan-e-Risalat, Sadre Jehan’s court, Chief

Justice’s Court and Diwan-e-Siyasat.

The King’s Court, presided over by the Sultan, exercised both original and appellate

jurisdiction on all kinds of cases. It was the highest court of Appeal in the realm. 7The Sultan

was assisted by two reputed Muftis highly qualified in law.

The Court of Diwan-e-Mazalim was the highest Court of Criminal Appeal and the

Court of Diwan-e-Risalat was the highest court of Civil Appeal. Though the Sultan nominally

presided over these two courts, he seldom sat in them. The Chief Justice (Qazi-ul-Quzat) was

the highest judicial officer next to Sultan. From 1206 to 1248 in the absence of the Sultan the

Chief Justice presided over these Courts. In 1248 Sultan Nasir Uddin, being dissatisfied with 6 M.B. Ahmad, The Administration of Justice in Mediaeval India, pp 104-125.7 H. Beveridge, History of India, Vol. I, p. 239.



the then Chief Justice, created a superior post of Sadre Jahan and appointed Qazi Minhaj Siraj

to this post. Since then Sadre Jahan became de facto head of the judiciary. The Court of

Ecclesiastical cases, which was under the Chief Justice up to 1248, was also transferred to the

Sadre Jahan and later on became popular as Sadre Jahan’sCourt. Sadre Jahan became more

powerful and occasionally presided over the King’s Court. The officials of the Sadre Jahanand

Chief Justice remained separate for a long time. Ala Uddin amalgamated the two. They were

again separated by Sultan Firoz Tughlaq. The Court of Diwan-e-Siyasat was constituted to deal

with the cases of rebels and those charged with high treason. Its main purpose was to deal with

criminal prosecutions. It was established by Muhammad Tughlaq and continued up to 1351.

The Chief Justice’s Court was established in 1206. It was presided over by the

Chief Justice (Qazi-ul-Qazat). It dealt with all kinds of cases. Earlier, the Qazi-ul-Qazat was

the higher judicial officer but with the creation of a new post of Sadre Jahan its importance was

reduced for some time. The Chief Justice and Pusine Judges were men of ability (Afazil-e-

Rozgar) and were highly respected. Many Chief Justices were famous for their impartiality and

independent character during Sultanate period. Four officers, namely, Mufti, Pandit, Mohtasib

and Dadbad, were attached to the court of the Chief Justice.

Province:-In each Province (Subah) at the Provincial Headquarters five Courts were established, namely, Adalat Nazim Subah, Adalat Qazi-e-Subah, Governer’s Bench (Nazim-e-Subah’s Bench), Diwan-e-Subah and Sadre Subah.

Adalat Nazim Subah was the Governor’s (Subehdar) Court. In the Provinces the

Sultanwas represented by him and like the Sultan he exercised original and appellate

jurisdiction. In original cases he usually sat as a single Judge. From his judgement as appeal lay

to the Central Appellate Court at Delhi.

Adalat Qazi-e-Subah was presided over by the Chief Provincial Qazi. He was

empowered to try civil and criminal cases of any description and to hear appeals from the

Courts of District Qazis. Appeals from this Court were allowed to be made to the Adalat Nazim

Subah. Qazi-e-Subah was also expected to supervise the administration of justice in his Subah

and also that Qazis in districts were properly carrying out their functions. He was selected by

the Chief Justice or by Sadre Jahan and was appointed by the Sultan. Four officers, namely,

Mufti, Pandit, Mohtasib and Dadbak, were attached to this court also.

The Court of Diwan-e-Subah was the final authority in the Province in all cases



concerning land revenue.

ii) Districts:- In each District (Sarkar), at the District Headquarters, six courts

wereestablished, namely, Qazi, Dadbaks or Mir Adls, Faujdars, Sadr, Amils,

Kotwals.

The Court of District Qazi8 was empowered to hear all original civil and criminal

cases. Appeals were also filed before this Court from judgements of the Paraganah Kazis,

Kotwal and Village Panchayat. The Court was presided over by the District Qazi who was

appointed on the recommendation of the Qazi-e-Subah or directly by Sadre Jahan. The same

four officers, namely, Mufti, Pandit, Mohtasib and Dadbak, were attached to this court as well.

The Court of Faujdar tried petty criminal cases concerning security and sespected

criminals. The Court of Sadr dealt with cases concerning grant of land and registration of land.

Court of Amils dealt with Land Revenue cases. Kotwals were authorized to decide petty

criminal cases and police cases.

Parganah: At each Paraganah Headqurter two courts were established, namely, Qazi-e-Parganah and Kotwal. The Court of Qazi-e-Parganah had all powers of a District Qazi in all civil and criminal cases except hearing appeals. Canon law cases were also filed before this court.

iii) Villages: For each group of villages there was a Village Assembly or Panchayat, a

body of five leading men to look after the executive and judicial affairs. The

Sarpanchwas appointed by the Nazim or the Faujdar. There was no interference in

the working of the Panchayat. As a rule, the decision of the Panchayat was binding

upon the parties and no appeal was allowed from its decision.

Chapter 3

The Mughal Period: Judicial System

In India the Mughal period begins with the victory of Babur in 1526 over the last

Lodhi Sultan on Delhi. His, son. Humayun, though he lost his kingdom to Sher Shah Suri in

8 M. Elphinston, History of India, p. 421.



1540, regained it after defeating the descendants of Sher Shah in July, 1555. The Mughal

Empire contitued from 1555 to 1750.

For the purpose of civil administration the whole empire was divided into the

Imperial Capital, Province (Subahs), Districts (Sarkars), Parganahs and Villages. Just like

Sultans of Delhi, the Mughal Emperors were also absolute monarchs. The Mughal Emperor

was the supreme authority and in him the entire executive, legislative, judicial and military

power resided.

The Administration of Justice: Constitution of CourtsDuring the Mughal period, the Emperor was considered the “Fountain of Justice”. The

Emperor created a separate department of Justice (Mahakma-e-Adalat) to regulate and see that

the justice was administered properly. On the basis of the administrative divisions, at the

official headquarters in each Province, District, Parganah and Village, separate courts were

established to decide civil, criminal and revenue cases.9 At Delhi, the Imperial capital of India,

highest courts of the Empire empowered with original and appellate jurisdictions were

established. A systematic gradation of courts, with well defined power of the presiding Judges,

existed all over the empire.

i) The Imperial Capital- At Delhi, which was capital (Dural Saltanate) of the

Mughal Emperors in India, three important courts were established.

The Emperor’s Court, presided over by the Emperor, was the highest court of the

Empire. The Court had jurisdiction to hear original civil and criminal cases. As a

court of the first instance generally the Emperor was assisted by a Darogha-e-

Adalat, a Mufti and a Mir Adil10. In criminal cases the Mohtasib-e-Mumalik or the

Chief Mohtasib like Attorney General of India to-day, also assisted the Emperor.

In order to hear appeals, the Emperor presided over a Bench consisting of the

Chief Justice(Qazi-ul-Quzat) and Qazis of the Chief Justice’s courts.

The Chief Court of the Empire was the second important court at Delhi, the seat of

the Capital. It was presided over by the Chief Justice (Qazi-ul-Quzat). The Court had the power

to try original, civil and criminal cases, to hear appeals from the Provincial Courts. Chief 9 M.B. Ahmad, The Administration of Justice in Mediaeval India, pp. 143-166.10 Alamgir Namah, p. 107.



Justice was assisted by one or two Qazis of great eminence, who were attached to his Court

were- Doroga-e-Adalat, Mufti, Mohtasib, and Mir Adil.

The Chief Justice was appointed by the Emperor. He was considered the next

important person, after the Emperor, holding the highest office in the Judiciary. Sometimes a

Chief Provincial Qazi was promoted to the post of the Chief Justice.11

The Chief Revenue Court was the third important court established at Delhi. It was

the highest Court of Appeal to decide revenue cases. The Court was presided over by the

Diwan-e-Ala.

Apart from the above stated courts there were two lower courts at Delhi to decide

local cases. The Court of Qazi of Delhi, who enjoyed the status of Chief Qazi of a Province,

decided local civil and criminal cases. An appeal was allowed to the Court of the Chief Justice.

The Court of Qazi-e-Askar was specially constituted to decide cases of the Military area in the

capital.

In the above mentioned Courts, four offices were attached Darogha-e-Adalat,

Mufti, Muhtasib and Mir Adil.

ii) In each Province(Subha) there were three courts, namely, the Governor’s own court

and the bench, the Chief Appellate Court, the Chief Revenue Court.

The Governor’s own court (Adalat-e-Nazim-e-Subah) had original jurisdiction inall

cases arising in provincial capital. It was presided over by the Governor (Nazim-e-Subah).Two

officers attached to the Court of the Governor’s Bench were- A Mufti and a Darogha-e-Adalat.

In Provincial Chief Appellate Court was presided over by the Qazi-e-Subah. The

Court had original civil and criminal jurisdiction. It was the chief Court of Appeal in the

Provinces for all appeals from the District Courts. The Qazi-e-Subah had powers similar to that

of the Governor. Seven officers attached to this court, were- Mufti, Mohtasib, Darogha-e-

Adalat-e-Subah, Mir Adil, Pandit, Sawaneh Nawis, Waqae Nigar.

11 Sir Jadunath Sarkar, Mughal Administration (1935), p. 29.



Provincial Chief Revenue Court was presided over by Diwan-e-Subah. The Court

was granted original and appellate jurisdiction in revenue cases. An appeal from this court lay

to the Diwan-e-Ala at the Imperial Capital. Four officials attached to this court were- Peshkar,

Darogha, Treasurer and Cashier.

iii) Districts (Sarkars)- In each District (Sarkar) there were four courts, namely, the

Chief Civil and Criminal Court of District, Faujdari Adalat, Kotwali, Amalguzari

Kachehri.

The Chief Civil and Criminal Court of the District was presided over by the Qazi-e-

Sarkar. The Court had original and appellate jurisdiction in all civil and criminal cases and in

religious matters. Qazi-e-Sarkar was the principal judicial officer in a District. Six officers

attached to this Court were- Darogha-i-Adalat, Mir Adil, Mufti, Pandit/ Shastri, Mohtasib and

Vakil-e-Sharai. Appeals from this court lay to Qazi-e-Subah12.

Faujdari Adalat dealt with criminal cases concerning riots and state security. It wa

presided by the Faujdar. Appeals lay to the Governor’s Court.13

Kotwali Court decided cases similar to those under modern Police Acts and had

appellate jurisdiction. It was presided by Kotwal-e-Shahar. Appeals lay to the District Qazi.14

The Amalguzari Kachehri decided all revenue cases. Amalguzar presided over this

Court. An appeal was allowed to the Provincial Diwan.

iv) Parganah:In each Parganah there three courts, namely, Adalat-e-Parganah,

Kotwali, and Kachehri.

Adalat-e-Parganah was presided over by Qazi-e-Parganah. The Court had

jurisdiction over all civil and criminal cases arising within its original jurisdiction. It included

all those villages which were under Parganah court’s jurisdiction. Qazi-i-Parganah had all the

12 H e n r y E l l i o t a n d D o w s o n , H i s t o r y o f I n d i a , V o l . V I I , p . 1 7 3 .13 H e n r y E l l i o t a n d D o w s o n , H i s t o r y o f I n d i a , V o l . V I I , p p . 1 7 2 - 314 Alexander Dow, History of Hindustan, Vol. III, p. 752.



powers of a District Qazi. Four offices attached to Adalat-e-Parganah were – Mufti, Mohtasib-

e-Parganah, Darogha-e-Adalat and Vakil-e-Shara.

Court of Kotwali was presided by Kotwal-e-Parganah to decide such cases as are

found in the modern Police Act. Appeals were made to the Court of District Qazi.

Amin was the presiding officer in Kachehri which decided revenue cases. An appeal

lay to the District Amalguzar.

v) Villages: The village was the smallest administrative unit. From ancient times the village council (Panchayats)were authorized to administer justice in all petty civil and criminal matters.15 Generally, the Panchayat meetings were held in public places. It was presided by five Panchs elected by the villagers who were expected to give a patient hearing to both the parties and deliver their judgment in the Panchayat meeting. Sarpanch was the President of the Panchayat. No appeal was allowed from the decision of a Panchayat. Village Panchayats were mostly governed by their customary law.

Trail By Ordeal

The Muslim law prohibited the use of trial by ordeal to determine the guilt of

a person. It was not favoured either by the Sultans or by the Mughal Rulers in India. As stater

earlier, the trail by ordeal ws mostly used during the ancient Hindu period. In the non-Muslim

States, which were under the protection of the Sultans and Mughals, however, the old system of

trail by ordeal somehow continued. The Muslim Rulers neither adopted it nor interfered in the

non-Muslim States to stop it.

15 Sir Charles Metcalfe in the Report of the Select Committee of the House of Commons, Vol. III, App. 84, p. 331.



The Muslim law experts strongly opposed this move to introduce the trial by ordeal

and therefore Akbar gave up the idea. In his records, Hamilton,16 who came to India during the

reign of Aurangzeb, has mentioneda trial in South India where the accused person was required

to put his hand in a pan of boiling oil.

It may, therefore, be concluded that though at times even the Muslim Rulers tried to

encourage the trial, the system on the whole fell into disuse due to the impact of Muslim law in

India.

Crimes and PunishmentsDuring the Muslim period Islamic law or Shara was followed by all Sultans and

Mughal Emperors. The Shara is based on the principles emunciated by Quran. Under the

Muslim criminal law, which was mostly based on their religion, any violation of public rights

was an offence against the State.

There were three types of punishments recogonised by Muslim Law,

16 Captain Hamilton, A New Account of East Indies, Vol. I, p. 315.



i) Hadd

ii) Tazir

iii) Qisas

iv) Tashir

Hadd provided a fixed punishment as laid down in Shara, the Islamic law, for

crimes like theft, robbery, whoredom (Zina), Apostasy (Irtidad), defamation (Itteham-e-Zina)

and drunkenness (Shurb). It was equally applicable to Muslims and Non-Muslims.

Tazir was another form of punishment which meant prohibition and it was

applicable to all the crimes which were not classified under “Hadd”. It included crimes like

counterfeiting coins, gambling, minor theft etc.17

“Qisas” or blood-fine was imposed in cases relating to homicide. It was a sort of

blood-money paid by the man killed another man if the murderer was convicted but not

sentenced to death for his offence. Muslim jurists supported Qisas on the basis that “the right of

God’s creatures should prevail” and only when the aggrieved party has expressed his desire, the

state should intervene. Qisas may be compared to the Weregild of the contemporary English

period.

The Muslim Law considered “Treason” (Ghadr) as a crime against God and

religion and, therefore, against the State. Persons held responsible for treason by the court were

mostly punished with death.

Conclusion

The Study of the foregoing pages of this project reveals three distinct phases of the political history of the medieval India during two odd centuries of the Mughal rule. Most of them were fairly capable and enlightened rulers who did care for the happiness and welfare of their subjects. Nevertheless, they were usually interlocked with their neighboring chiefs in mutual conflicts and frittered away their resources in men and materials. Of course, most of the Indian princes, whether Hindu or Muslims, were conscious of the fact that India should have a strong central authority albeit the clash of interests between the rivals stood in the way of achieving that ideal. Talking about India most of the constitution and laws have been inspired from Medieval India.

17 M.B. Ahmad, The Administration of Justice in Mediaeval India, p.225.



The chief quazi or the chief justice was also the minister in charge of the department of justice which was known as Diwan-i-quaza. Barid-I-mamalik who was the head of the information and intelligence department, was also an important minister during the period of Delhi sultanate. The sultan was the fountain of judicial authority and his words were law . his durbar consisted of highest civil and criminal court of justice, where original as well as appealet cases were heard , next to sultan the chief quazi was the highest judicial authority. In the province the governors and the quazi had judicial powers each town also had a quazi the shariat or the Muslim law was followed in the administration of justice.The penal code was severe in those days capital punishment and physical torture were frequently awarded as punishments like cutting of limbs driving nail into the body pouring molten lead into the throat beating with stones and such other inhuman punishments were common in those days.



LEGAL INSTITUTIONS IN MEDIAVAL INDIA

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medieval india

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