Professional Documents
Culture Documents
Shamanistic Law
KAPUR SINGH
22
JUNE
'65
*A Short History of the Sikhs by 'rej .. Singh and Gandn. Singh; Volume I; Orient Longmans; 1050; p.34. The
authors transhtte t.he last line of thi~ excerpt. as folJows; HI ordered, ...... he l;:;hould be put to death with
tortures."
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eyes of the Prophet Mohammad in deposing against the Guru. It therethe next world. He could have done fore must be conceded that the
so just as his grandson, Emperor insinuation that the Emperor wanted
Aurangzeb, did when, without hesita- some false political accusation to be
tion and without fear, he ordered the made and substautiated against the
public decapitation of Gu)'u Tegh .Guru but that he was obliged to wait
Bahadur in Chandni Chowk, Delhi, at for the fulfilment of his desire till
midday.
Prince Khusrau rebelled, is wholly
It is true that Emperor Jahangir farfetched.
in his Tozak confesses that he did not
Two broad conclusions seem to
view with favour the ever-growing follow: (a) The Emperor Jahangir did
religious prestige of the Guru. He not want Guru Arjan to be put to
admits that he was waiting for an death in accordance with the Islamic
opportunity to shut this "shop of laws of bariat, not because Guru Arjan
falsehood." It is clear, however, was not liable to be put to death but
that for some reason of expediency or for some other reason of expediency
of state he did not want to declare or state, possibly because it had not
open hostilities against the house of yet been finally decided that Islamic
the Guru on the issue of Islamic sa1'iat wa,s to be the sole and only
.9ariat. He therefore waited for an basis of the Moghul government in
opportunity when he could take India. (b) Jahangir Was quite clear
action against the Gum on purely in his mind that the activities of
political grounds.
Guru Arjan were of such a nature
As has been argued, it would not that sooner or later the Guru was
do to assume that the Emperor bound to fall afoul of the political
waited all this time for an oppor- laws of the state, apart from the laws
tunity to frame some false political of the Islamic sariat. The Emperor
accusation against the Guru. Had patiently waited; therefore, for an
such been his intention, it becomes opportunity of the kind which feU
difficult to see why any waiting was when Prince Khusrau rebelled against
necessary at all.
Prithi Chand or him.
Apart from these arguments there
the bigoted mulla8 and Muslims
residing in the neighbourhood of are other arguments available of a
Goindwal would have willingly come more general character grounded in
forward to oblige the Emperor by the development of the history of
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8S 8.
rcbet"
29
32~33.
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serious to exact the extreme penalty direct orders of the Emperor and that
of the law and the story of the saffron the Guru at no time denied that he
comforted and offered his hospitality
mark could hardly add to its gravity.
The conclusion, therefore, seems to the fugitive Prince. All the Guru
inevitable that Prince Khusrau was did in his defence was to decline to
well aware that Guru At'jan was a pay the huge fine imposed upon him,
fearless and uncompromising oppo- although the a.mount of this fine was
nent of the policy of Jahangir by not beyond his financial means, and
which the Emperor had made the the Guru, before he took leave of his
law of sar'lat the foundation of his son, Guru Hal' Gobind, left clear and
government and that Guru Arjan was final instructions that the succeeding
such a towering personality and of Guru should organize and consolidate
such high moral courage that he a militia, well equipped and well
would not fear or flinch from receiv- armed.
ing and offering comfort to the
Guru Arjan's conduct makes it
Prince who was fleeing before the inevitably clear that it was neither his
royal host. which was at his very policy nor intention to sit on the
heels.
fence while momentous issues were
Then remains the story of the awaiting decision in the politicnl
saffron mark. It seems quit.e pro- arena of India and while the whole
bable that the Prince, in accordance future of the Hindu race was in the
with the etiquette required at the melting pot. Indeed, such. an atti
Guru's court, made some offering as tude was a necessary corollary of
a mark of respect and love and the Guru Nanak's triupadeBa.
master of ceremonies, the ard?isiya,
What was the yasal J enghiz Khan,
put a saffron mark on the Prince's
whose real name was Temchun, was
forehead as a token of the acceptance
the chief of a Mongol tribe. By and
of his offering. Such was the custom
by he subjugated the neighbouring
prevailing then in the Guru's court
tribes of the Mongol nomads and
just as, subsequently, at the time of
eventually became the supreme head
Guru Gobind Singh, the custom
of the Mongols and Tartars and
became prevalent of conferring a robe
assumed the title of khaqan. He was
of honour, a saropa, on snch occasions. born in 1162 A.D. and he died in 1227 ..
It must always be remembered He was one of the world's greatest
that the Guru was arrested by the conquerors and before he died he
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had conquered an empire, one frontier they changed the sariat in accordance
of which touched the China Sea; with their tribal customs. In purely
another the Russian river Dnieper; religious matters they consult the
the third frontier, the river Indus; chief qadi but for domestic matters
and the fourth, the Ural Mountains of concerning their individual rights or
tribal welfare they accept only the
Europe.
This Jenghiz Khan codified his ya~a of Jenghiz Khan and for this
Compendium of State Laws in 1206 purpose they appoint a separate
A.D. and in 1218 he promulgated this officer. "***
code throughout his empire. The
When Jenghiz Khan defeated and
code's contents were derived from the hunted out the Mohammadan king,
ancient customs of the Mongol tribes Khwarzim Shah, alias Mohammad
and the ancient royal statutE'S of the Shah, from Sistan and Kabul and
Chinp-se. The collection of the sayings pursued him up to the banks of the
of Jenghis Khan is known by the rndu~, the father of the Indian poet
name of the Bilik* and his code of Amir Khisru . was in the retinue of
laws is known as the yasa. Only the Muslim king. This AmiI' Khisru
sparse fragments of the Bilik and thc later became a courtier of Sultan
yasli. are now available.
Ghiath-ud-Din Balban at Delhi. This
In the Bilik, Jenghiz Khan is Sultan ruled between 1266 and
reported to have said about the yasa: 1287 A. n
"If those who follow me as the
AmiI' Khisru recorded that "the
government functionaries, the chiefs eyes of the Mongols are so small and
or the sardaTs, transgress t,he laws of fierce that they can pierce through a
the yasa, ever so slightly, there will copper vessel. Their complexion is
be chaos in the empire and its founda- so repulsive that only the foul smell
tions will become shaky. 'l'hen they of their bodies excels it. Their heads
will search for Jenghiz Khan but are fixed on their shoulders and they
sha1l not find him ."**
have no necks. Their cheeks resem ble
The Arabic historian Makrizi said, dried leather bottles. Their noses are
"When the Mongols accepter! Islam, broad and sllub and their nostrils like
Fundament.al Principte~ of Mongol Law; pp. 27-29; by Riaflanovisky.
The Scope and Conten La of Chingiz Kh"n's Yu ; by Vernat.sley.
Journal of Harvard Asiatic Studie.; pp. 337, 360; 1938.
"The Life of Chingiz Khan; p. 77; by Vla.dimirtaov.
Crusaders in the East; p 334; by \V. B. StevesoD.
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S T R E E T,
CAL CUT T A - t 6