LAW AND LEGAL INSTITUTIONS

IN MEDIEVAL INDIA
 Downfall of Hindu Kingdoms

Towards the end of 11th and beginning of 12th century there was a
downfall of Hindu kingdoms.

Local Hindu Rajas were attacked and defeated by foreign invaders of

Turkish race.

• An atmosphere of mutual distrust

• Fritting away of the economic and military resources of the country

• A common leadership was missing who could unite the Indians

against the common foreign enemy was also lacking.

• Hindus suffered from the prevailing caste divisions.

 Muslim Social Order

• The social system of Muslims was based on their religion, Islam

• The Muslims followed the principles of equality of men and they

had no faith in graded or sanctified inequality of caste system.

• The Muslims who came from Persia, Turkey and Afghanistan

came kept themselves aloof from the Indians, but in due course
of time old barriers were lifted and a process of Indianisation
began which reached its climax during the Mughal Period.

• The political theory of Muslims was governed by their religion,

Islam. It was based on the teachings of the Koran. The Muslims
kings in India regarded themselves as God’s humble servant
• The Muslim polity was based o the conception of the legal
sovereignty of the State or Islamic Law.

• Muslims believe that the Quran is revealed by God to Prophet

Muhammad.

• Quran is respected as the supreme source of authority in Islam.

• Every Muslim was asked to pray five times a day, to fast during
the month of Ramzan, to distribute alms and to make a
pilgrimage, if possible, to Mecca.
 Historical Introduction
• Turkish speaking people from central Asia often took advantage of
the unsettled state of Indian affairs and came in through the
Khyber Pass.

• In the late 10th and early 11th century Mohd. of Ghazani, a Muslim
Turikish race attacked India from the north-west. In all Mahmud
Ghazni invaded India 17 times during AD 1000–1026.

• Between AD 1014–1019, Mahmud enriched his treasury by looting

the temples of Nagarkot, Thanesar, Mathura and Kanauj.

• The attack against Nagarkot in AD 1008 has been described as

his first great triumph.
• In AD 1025, Mahmud embarked on the most ambitious Indian
campaign, the attack on the Somnath temple in Saurashtra.

• In 1191 Mohd. of Ghor attacked India but he was defeated by

Hindu Rajas led by Prithvi Raj, a Rajput hero.

• Next year he defeated Prithvi Raj at Thaneswar and marched to

Delhi.

• By the end of 12th century he established a Muslim Sultanate at

Delhi conquering most of Northern India.

• The rulers who ruled substantial parts of the North India between
1200 AD to 1526 AD were termed as Sultans and the period of
their rule as the Delhi Sultanate.
During this period of around three hundred years five different
dynasties ruled Delhi.

• The Mamluks (AD 1206–AD 1290) (popularly known as slave

dynasty)--- Qutbuddin Aibak ; Iltutmish ; Raziya; Balban

• The Khaljis (AD 1290–AD 1320)--- Jalaluddin Khalji , Alauddin

Khalji

• The Tughlaqs (AD 1320–AD 1412)--- Ghiyasuddin Tughlaq,

Muhammad bin Tughlaq

• The Sayyids (AD 1412–AD 1451) ---- Khizr Khan

• The Lodis (AD 1451– AD 1526)---Ibrahim Lodi

All these dynasties are collectively referred as the Delhi Sultanate.

The Delhi Sultanate was characterised by dynastic instability and
the and the Sultans were mostly engaged in a series of dynastic
blood feuds and Hindu persecution.

The 16th century saw 2 new factors into Indian history:-

a. The Mughals came by land and began establishing themselves

in the North

b. Portuguese who came by sea establish themselves in South

and the West.
• In 1526, Babur a descendant of Tamurlane and Chengis Khan
defeated Ibhraim Lodi at Panipat and captured Delhi. He founded
the Mughal Empire in India.

• After the death of Babur in 1530, his son Humayun succeeded him
but the constant fighting with the rebels kept him engaged.

• From 1540 to 1545 Sher Shah ruled over North India. By

introducing various reforms during his reign, it is said that he laid
the foundation of Akbar’s greatness.

• Akbar the son of Humayun was the great Mughal ruler.

• He ruled over large part of India from 1556 to 1605.

• He developed an administrative and judicial system in his empire.

His successors Jahangir, Shah Jhan and Aurangzeb lacked the
ability, integrity and statesmanship of Akbar.

• Judicial system of India during the medieval period is divided into

separate periods--- the Sultanate of Delhi and the Mughal period.
 The Sultanate of Delhi---- Civil Administration

Administrative Units

• The civil administration of the sultanate was headed

by the Sultan and his Chief Minister (Wazir).

• The Sultanate was divided into provinces (Subhas)

• Provinces was composed of districts (Sarkrs)

• Each district was further divided into parganas

• A group of villages constituted a pargana.

Sources of Law:

The main source of Muslim law, is Quran and Sunnah or hadis, which means
the practices and traditions of the Prophet who, is considered to be the best
interpreter of Quran.

In addition to these the other two sources which developed inevitably in order
to meet the needs of expanding Muslim society were:

Ijma— consensus of opinion of the learned in Quran;

Qiyas— analogical reasoning having due regard to the teachings of

Mohammad.

As the society progressed, in view of the divergent views taken on various

provisions of Quran by eminent Muslim jurists, four well-defined branches or
schools of Muslim law came to be recognized by different sections of the
Muslim society. They are the Hanafi School, the Maliki School, the Shafi
School, and the Hanbali School.
The extent of the application of the Islamic law in India during the Muslim
rule was as follows:

a). Civil law: The purely personal law of Islam was applied to Muslim only,
but secular portion of civil Law relating to trade, sale, contract etc. was made
applicable to both the Muslims and the non-Muslims.

b). Laws of Land: The system of taxation was adopted from the Arabs with
modifications according to Indian conditions and was applied to both, i.e.,
Muslims and non-Muslims.

c). The Religious and Personal laws of non-Muslims: The Hindus and other
non-Muslim subjects were governed by their respective religion and
personal law. Cases involving points of personal law of Hindus were decided
with the aid of learned Pandits and Brahmins mostly in their own
Panchayats.

d). Criminal law: That portion of canon law which dealt with religious
infringement was applied to Muslims only and for such offences non-
Muslims were not held liable to punishment according to laws of Shariat. But
that portion of Islamic criminal law which dealt with crimes believed by all
nations was applied to Muslims and non-Muslims alike, e.g., the punishment
for adultery, murder,theft, robbery, assault, etc. were the same for both.
 The Sultanate of Delhi---- Civil Administration

Constitution of Courts

Sultan being the head of the state was the supreme authority

The administration of justice was one of the important function of

Sultan, which was actually done in his name, in 3 capacities.

• Diwan-e-Qaza (arbitrator)

• Diwan-e-Mazalim (as head of bureaucracy)

• Diwan-e- Siyasat( Commander-in-chief of forces)

The courts were required to seek his prior approval before

awarding the capital punishment.
 The Sultanate of Delhi---- Civil Administration

Constitution of Courts

a) Central Capital

The following courts were established at the capital of the

Sultanate

• The King’s Court : superior Court at the centre. The Sultan is the
presiding officer of this Court. The jurisdiction of this Court is to
try all kinds of cases

• Chief Justice Court: It was another Court at the centre. It was

headed by Qazi-ul-Quzat. It had same jurisdiction as of King’s
Court
• Diwan - -Mazalim:- This Court was the superior Court in respect of
criminal cases. It had the original criminal jurisdiction to try cases. It is
the highest Court of criminal appeal.

• Diwan-e-Risalyat:- This court was the superior and highest Court of

appeal in respect of civil cases. It had jurisdiction in civil matters only.

• Diwan-e-Siyasat:- Diwan-e-Syasat: It was the temporary Court for

sanctioning criminal prosecutions. It was only in the era of Muhammad
Tughlaq

• They were usually supervised directly by the sultan. Important

amongst them were those dealing with intelligence [like the Barid-i-
Mumalik], the royal household [headed by the Wakil-i-Dar], court
ceremonies [led by the Amir-i-Hajib], royal bodyguards [under the Sar-
i-Jandar].Other important departments looked after slaves, royal
workshops [karkhanas]
b) Provincial level

(i) Adalat Nazim Subah: It has original and appellate jurisdiction. It was
headed by Governor. He was also known as Nazim.

(ii) Adalat Qazi-e-Subah (Provinvial Qazi Court): It specifically deals with

Canol and common law cases. It is also appellate forum for such cases and
presided by Chief Qazi appointed by Governor;

(iii) Governor’s Bench: Beside governor’s court there was Governor Bench as
well. It has also original jurisdiction to try all kind of cases. It was the
highest appellate Court in the province.

(iv) Diwan-e-Subah: All revenue matters are decided by this court. It has
original and appellate jurisdiction to try all kinds of cases related to finance
and revenue; and

(v) Sadar-e-Subah: This Court particularly deals with ecclesiastical

department. In this court sometimes sultans constitute a special bench.
c) District level

In districts there were six separate courts and officers attached to it to

perform judicial functions. These courts are:

(i) Qazi Court: He used to decide all kinds of civil and criminal cases. He
also heard appeals from parganas, Kotwals and Foujdars. It is the highest
court of appeal in the district);

(ii) Dadbak or Mir Adl: This Court used to decide matters which are purely
civil and of petty nature. Appeal of this court lay to provincial Qazi Court;

(iii) Faujdar: In criminal cases Foujdar used to decide matters. Such

matters are not capital but of petty nature;

(iv) Sadr: In district Sadr specifically deals with land and registration
cases);

(v) Amils: Land revenue cases in district were decided by Amils; and

(vi) Kotwals: This court was active in dealing with petty criminal cases.
Police cases are also in its jurisdiction.