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NATIONAL LAW INSTITUTE UNIVERSITY

In the partial fulfilment for the requirement of the project on the subject of History-II of B.A.,
L.L.B (Hons.), Third Trimester.

HISTORY- II:

THE EVOLUTION OF ADALAT SYSTEM UNDER MUGHAL

RULE.

Submitted to: Submitted by:

Prof. U.P Singh Pooja Pandey

2018B.A.LLB 124
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CONTENTS

Statement of Problem................................................................................................................3

Objectives of Study...................................................................................................................3

Hypothesis.................................................................................................................................3

Research Questions...................................................................................................................3

Literature Review......................................................................................................................3

The inception of the Mughal Dynasty.......................................................................................4

Rules & Functions.....................................................................................................................5

Ministers under Mughal Rule....................................................................................................6

Relaxation of Muslim Law by Akbar........................................................................................8

Sources of Muslim Law............................................................................................................9

Judicial System Under Muslim Rule.......................................................................................10

The Qazi...............................................................................................................................10

Governors, Diwans, Faujdars...............................................................................................10

Panchayats............................................................................................................................11

The Ruler to be the Highest Court........................................................................................11

Punishments............................................................................................................................12

Judicial System in Bengal.......................................................................................................12

Bibliography............................................................................................................................13

STATEMENT OF PROBLEM

What were the factors which led to the formation of the robust Adalat system of the Mughals
and where was the inspiration garnered for the same.
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OBJECTIVES OF STUDY

1. To understand and analyse the inception of the Adalat system of the Mughals.
2. To understand and analyse the sources of Law on which it was governed.
3. To understand the Judicial system which was in place at the time of Akbar and how
he added on to it.
4. To understand the efficacy of the judicial system under the Mughal rule.

HYPOTHESIS

The principal assumption that the researcher adopts for the beginning of this project is that the
Adalat system of the Mughals was though a bit harsh in its approach, but due to its efficiency
and fairness, it gathered the support of the public at large.

RESEARCH QUESTIONS

1. That what was the general trend in the Mughal Adalat system, ie, how fairly did it
treat its subjects.
2. What were the changes that were brought in by Akbar to the Adalat system during his
rule which set him apart from the other Mughal rulers.
3. What was the structure of the Adalat system towards non-muslims.
4. How were punishments meted out by Akbar in comparison to the other Mughals.

LITERATURE REVIEW

BOOKS

1. A.K. SAINI, HUKAM CHAND, History of Medieval India (2005)

2. J. SARKAR, History and Culture

3. M. RAMA JOIS, Legal and Constitutional History of India, Vol II, 19 (1990)
4. ROBERT TRAVERS, Ideology and Empire in Eighteenth-Century India: The British in
Bengal, Cambridge University Press (2007)
5. SYED ALI NADEEM REZAVI, The Empire and Bureaucracy: The Case of Mughal
Empire, Proceedings of Indian History Congress, Vol. 59, 360-82 (1998)
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THE INCEPTION OF THE MUGHAL DYNASTY

As the wheels of time set in motion, the age of Rajput came on a hold. With successive
invasions of Mohammad Ghazni, followed by those of Mohammad Ghori, the latter was
successful in defeating Prithvi Raj Chauhan in the year 1192 A.D. After that, Ghori seeped
into various other territories of India, conquering them as and when they came. His former
slave, Qutub-ud-din Aibak, became the first Muslim King with his throne in Delhi, and his
dynasty was aptly known as the 'Slave Dynasty.' With their demise in 1290 A.D. came in the
Khalji Sultanate that ruled for a period of 30 years that followed, eventually being taken over
by the House of Tughluq. They ultimately got defeated by the Lodhi, who, in turn, met their
ends by the hands of Babur in the famous battle of Panipat on April 21, 1526. With his
victory, Babur established the legendary Mughal Empire in India. Except for a brief period of
18 years when the Sur Dynasty managed to overthrow the Mughals, the latter ruled over the
nation for a massive 300-year long period, defeating the Sur in the Second battle of Panipat
on November 5, 1556. With the assumption of sovereign power by the Muslim Rulers, the
Muslim system of Govt. came to be established in several parts of India. This essay shall
briefly overlook the administration and justice system under the Mughals, laying specific
emphasis on Akbar-kiAdalat (Akbar's judicial system).

RULES & FUNCTIONS

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Muslims consider the Quran to be the divine law; even the Ruler is subject to the law as
prescribed by the Quran; as such, they were to abide by those rules. It laid down the broad
principles for governing the social life of the Muslims. The injunction of the Quran opined
that all Muslims were to adhere to its principles. The Prophet was elevated to the status of the
Head of the State, but with the death of Mohammed, the Muslims were faced with the
challenge of leadership; this led to the eventual divergence into Shias & Sunnis.

Function of the Muslim Rulers, as per eminent Muslim law scholars appear to be:

i. The protection of faith as under Ijma; ii. To settle disputes

between his subjects; iii. To Defend the territories of Islam; iv.
To maintain law and order by enforcement of the Criminal Code;
v. To wage a holy war against miscreants who oppose the rule of Islam; vi. Collection of
taxes; vii. To appoint officers in aiding the Ruler to maintain public order & carry out
legal duties;
viii. To keep in touch with public affairs & the condition of his subjects.

There was no rule of succession in the Muslims for taking over the throne; the law of
primogeniture, as in the case of Hindu dynasties, was altogether absent; instead, the emphasis
laid on the strength of the sons & the one who could prove his worth was to be chosen.

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Quran III 102-XLII 38.

MINISTERS UNDER MUGHAL RULE

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Under the reign of Akbar, the ministerial system underwent some serious overhauls that have
been summarized below:

i. Diwan: The highest-ranking minister under Akbar's administration, he was responsible

for the finances of the State. All orders from the Emperor's office were to go through the
Diwan's office before reaching the sub-ordinates. Some of the more capable examples
include Raja Todarmal, Raja Raghunath, etc. ii. Mir Bakshi: He was the military officer,
next in line to the Diwan. He had an entire array of sub-ordinate officers under his
command at the Capital. iii. Khan-i-Saman: He was the home minister under Akbar's
administration & overlooked the royal buildings, roads, gardens, capital purchases, etc.
iv. Sadr: He was the Chief Justice and Minister of Ecclesiastical Affairs, along with
managing the Education ministry and the Royal charities. His primary task was in
the preaching of learning, piety, and scholarship.

The prominent aspect under Akbar's rule lay on the allegiance of his Ministers and their
utmost loyalty and faith in him; they did not affect his policy-making decisions barring
regular counselling; they never resigned if their counsel was declined but maintained their
confidence in their Ruler which led to the flourishment of his kingdom.

For ease of administration, the society was sub-divided into 'Sabha,' and each Sabha was
governed by a Governor, called the 'Nazim.' He was answerable to the Central Govt. These
Sabha were further sub-divided into 'Shiqqs,' which were under the Shiqqdars' control. There
were many further sub-classifications, and while the nomenclature may not be of importance,
the division indicates how well the administration was divided and maintained.

Another interesting position to note is in the status of 'non-Muslims' under the Mughal reign.
They did not enjoy equal treatment to that of their Muslim counterparts, and their rights were
limited in nature, termed as the 'Zimmis,' their evidence in a crime as inadmissible in the
court of law. In terms of taxation, tax rates were doubled for them, over and above the
additional tax that they had to pay called 'Jizya.' However, once they abided by these rules of
taxation and accepted the leadership of the Emperor, their right to religious practices was
protected under the King's order. While the overall treatment was that non-Muslims were
mostly not given the
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full titles of a citizen, to some extent, the relative treatment was dependant on the Ruler at the
time and upon his benevolence.
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RELAXATION OF MUSLIM LAW BY AKBAR

One of the reasons why Akbar is well-known to this date is because of his compassionate
nature and relatively equal-treatment against his subjects, including those belonging to the
other religion.

i. He discarded differential treatment among his subjects, and in furtherance of this

policy, he discarded separate citizenship – instating a common citizenship for all –
and further ironing out the unequal treatment under the law by making everyone
equally accountable under the Judiciary.
ii. He brought in a prohibition in trade slaves and reducing war crimes.
iii. He abolished the Hindu privilege tax 'Jizya.'
iv. He permitted the construction of other religious establishments such as Temples &
Churches.
v. He permitted the re-conversion of those Hindu who were forcibly converted into
Islam.
vi. As a remarkable stance, he allowed the buying back of children by their parents
who were forcibly stolen from them and sold into slaves.
vii. He abolished the law on Blasphemy, which resulted in death on the occasion of
speaking against the teachings of Islam and Prophet Mohammad.
viii. Another unconventional stance of his was in the abolishment of involuntary Sati.
ix. He abolished the concept of Muslims having multiple wives, and a second wife
was permitted only in the case of first being barren or sterile.
x. He prohibited the marriage between near cousins, along with making the legal age
of marriage for boys as 16 years and that of woman as 14 years. This is regarded
as one of the earliest stances against child-marriage.

However, Akbar's benevolence was not tolerated by his successors, and they eventually
reverted to unequal treatment between their subjects.

SOURCES OF MUSLIM LAW

The Islamic Law derives its authority (reference: Shar) from the Quran, which is considered
as the divine law. In the absence of any specific provisions therein, the law emphasizes
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Sunnah or Hadis, which means the traditions or practices of the Prophet, for he is considered
to be the best interpreter of the Quran. Over time, these two could not keep up with the
developments in the society, and so, there came in the Ijma and the Qiyas. These were the
'consensus among learned jurists in Quran' and 'analogical reasoning having been drawn upon
by considerations and due regard to the law' respectively.

However, even after these developments, difference of opinions was bound to exist; therefore,
the four prominent schools of Muslim law emerged, namely:

i. Hanafi school, founded by Abu Hanafi (699-767 A.D.) ii. Maliki school,
founded by Malik-ibn-Anas (713-797 A.D.) iii. Shafii school, founded by
Muhammad-ibn-Idris-ash-Shafii (767-820 A.D.) iv. Hanbali school, founded
by Ahmed-ibn-Hanbal (780-855 A.D.)
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JUDICIAL SYSTEM UNDER MUSLIM RULE

In the aforementioned principles and functions of the Ruler, civil and criminal Justice were
part of them. It was the duty of the Emperor to amicably settle disputes among his subjects
(civil law) and to maintain law and order through enforcement of the law (criminal code).
Since the upholding of Justice was an inherent duty of the King, he was instilled as the
highest authority of the Judicial System. In furtherance of Justice, need was felt for a robust
administrative, judicial system to discharge the functions as mentioned above.

THE QAZI

The Qazi was the designated officer who was to administer Muslim personal law inter alia
marriage, divorce, inheritance, testamentary dispositions, the appointment of guardians
alongside execution of decrees. He was to adjudicate Justice within his administrative
jurisdiction in accordance with the law, and he was to be assisted in this regard by the Official
Law Officer called Mufti. Expertise in the legal fraternity was not a condition-precedent in
the Qazi's appointment; he was to be a person endowed with common-sense, with a strong
sense of Justice who could differentiate between relevant facts and deliver an impartial
statement based upon pertinent such circumstances and the law placed before him by the
Mufti. Among them, the chief Qazi was titled as 'Qazi-u-Quzat,' and he was the supreme head
of his jurisdiction. These adjudications were to hold in an open court; Qazi was bound by the
'Futwa,' i.e., the question of law as propounded by the Mufti and the Qazi was not allowed to
deliver his interpretation.

GOVERNORS, DIWANS, FAUJDARS

Cases not governed under the Muslim law were to be decided by different authorities at
different levels of jurisdiction – Governor/Diwan at the provincial level; Faujdars at district
level; Amils at Paragana level; and Kotwals at the town level.

Among these, Diwan was to collect revenue, administer criminal Justice, and exercise
military power called 'Nizammat.' Because of this distinction, civil courts came to be known
as Diwani Adalats and criminal courts as Nizamat Adalat. Other than that, the rest of the
officers
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mentioned above were to try cases involving offenses against the State and sentence
appropriate punishments.

PANCHAYATS

The Panchayat system of governance, as under the Hindu law, continued to exist even under
the Muslim rule, and they did not interfere with their own personal civil and criminal justice
system. As the majority of the population was Hindus, the Muslims did not interfere in their
law-enforcement system and recognised their authority to administer Justice.

THE RULER TO BE THE HIGHEST COURT

As under the Hindu law, Islamic law also held the sovereign with the utmost importance, and
as such, he was to be the supreme authority in matters of Justice. Aggrieved persons could
approach the King, and he would hold accordingly; this is similar to what we have under the
modern law – the President's power to pardon. But unlike a judicial review, the King's
authority was second to none. The Court of the King was held in a unique, designated
building called the 'Diwan-i-Khas' or the court of the special audience from 8 A.M. to mid-
day. The King could either decide the cases there and then or otherwise command his inferior
officers to conduct further investigation, wherever necessary. However, an inherent flaw in
the judicial system under the Mughal dynasty was the lack of a clear demarcation of
hierarchy.

PUNISHMENTS

Akbar permitted to the governors of provincial regions to award death punishment without his
permission in 1582. Monsterrate wrote that, when Akbar acted as a judge in court, the guilty
was given death penalty only when the order had been issued for the third time. French
travellers Thevenot observed that no civil or criminal judge was authorized to put any
offender to death. That power was reserved by the king to himself. The case of a criminal
deserving death was referred to the king through a special messenger and the punishment was
executed only on receipt of his confirmation. The method of punishment was to get the
criminals trampled under the feet of elephants. Emperor Shahjahan kept an official with
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several baskets full of poisonous snakes for punishing the guilty. In another place, Thevenot
wrote about the custom in most countries of the India’s, is mutilation of both the hands for
theft. Manucci recorded, Shahjahan once ordered the banishment of an ordinary soldier when
he wrongfully usurped the wife of a Hindu clerk.

JUDICIAL SYSTEM IN BENGAL

After the collapse of the Mughal Empire, the Britishers took over the administration of
Bengal.7 The judicial system in existence back then at the time of change in administration
consisted of:

Four types of courts existed –

a) The Nazim: Functioned at the Capital city as the Supreme Court of criminal
jurisdiction, both original and appellate.
b) The Daroga-i-Adalat al Aalea: Next in authority to Nazim, his was a criminal
jurisdiction as well, but on a lesser scale, also mediated disputes relating to movable
property.
c) The Diwani: Highest Court in matters of civil jurisdiction – primarily dealt in
immovable property. However, his sub-ordinate Daroga-i-Adalat exercised this
power.
d) The Qazi: He adjudicated matters of inheritance, succession, and concerns of Muslim
personal laws.

To summarize, except for the case of Qazi, there existed broadly two types of courts –
criminal (Nizamat or Faujdari Adalat) and civil (Diwani Adalat). The British administration
adopted this judicial system and further reorganized and restructured as per their needs.

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ROBERT TRAVERS, Ideology and Empire in Eighteenth-Century India: The British in Bengal, Cambridge
University Press (2007).

BIBLIOGRAPHY

BOOKS

i. A.K. SAINI, HUKAM CHAND, History of Medieval India (2005) ii.

J. SARKAR, History and Culture
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iii. M. RAMA JOIS, Legal and Constitutional History of India, Vol II, 19 (1990) iv.
ROBERT TRAVERS, Ideology and Empire in Eighteenth-Century India: The British in
Bengal, Cambridge University Press (2007)
v. SYED ALI NADEEM REZAVI, The Empire and Bureaucracy: The Case of Mughal
Empire, Proceedings of Indian History Congress, Vol. 59, 360-82 (1998)

RELIGIOUS SCRIPTURES

i. Quran