LAW AND LEGAL

INSTITUTIONS IN MEDIEVAL
INDIA
 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. Mahmud
Ghazni was Son of Sabuktigin, the founder of Ghazni dynasty &
Turkish slave commander

• 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
AD1200 to AD1526 were termed as Sultans and the period of
their rule 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.

 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

• Diwan - -Mazalim

• Diwan-e-Risalat

• Diwan-e-Siyasat