LEGAL HISTORY

ASSIGNMENT

LEGAL FRAMEWORK OF
5 DYNASTIES

SUBMITTED BY:
NIMRA NAEEM LCL-10
SABEHA MUSLIM LG-18
AROOJ FATIMA LG-09

SUBMITTED TO:
Dr. Bakht Munir

Date: June 23, 2023

 Legal Framework of 5 Dynasties:

Overview:
Ummayyad General Muhammad bin Qasim in 712 AD, invaded India for the first time
followed by Mehmood Ghaznavi in 1001 AD, both of them could not create a Muslim
Empire in true sense. After Mehmood Ghaznavi the next invader in India was
Shahabuddin Ghori .

During the second Battle of Tarain Muhammad Ghori defeated Prithvi Raj Chuhan in
1192 and captured Delhi and Ajmer. Qutabuddin the slave of Shahbuddin Ghori was the
viceroy of his Royal Master. The Dehli Sultanate was come into existence when the
viceroy Qutabuddin Aibak became the first independent Sultan of Delhi after the death
of his royal master Muhammad Ghori in 1206. He founded the Slave Dynasty in 1206
after the death of Shahabuddin Ghori and rule the Delhi Sultanate from 1206 to 1290.

Introduction of Five Dynasties

Slave dynasty also known as ‘Mamluk Dynasty’ ruled the parts of Indian Sub-continent
from 1206-1290. Eleven rulers have ruled the slave Dynasty, but four major
proponent ruler of this dynasty were Qutabuddin Aibak , Altamash, Raziya Sultan,
Ghiyasuddin Balban. They introduced the proper legal system of Dehli Sultanat. The
last ruler of this dynasty Muizzuddin Qiaqabad, the grandson of Ghiyasuddin Balban
was killed Jalauddin Khilji.

Jalauddin Khilji founded the Khilji Dynasty which ruled the part of Indian Sub-
continent from 1290 to 1320. Their legal frame work was also based on the Islamic law
like the Slave dynasty but there were certain changes in the legal development in legal
system as compared to slave dynasty. The proponents of this dynasty were Jalauddin
Khilji and Alauddin Khiliji.

The khilji Dynasty was succeeded by the Tughlaq dynasty, it started from 1320 and
ends at 1414 AD. They ruled for around 94 years, the longest serving dynasty of Delhi
Sultanate. Tughlaq dynasty is also known as “Qaranah Turks”. They introduced the
Batai System means sharing of crops and efficient portal system.

After the Tughlaq Dynasty, Sayyids dynasty ruled the Delhi Sultanate and it refers to
the period from 1414 to 1451, during which 4 rulers from the Sayyids held the throne.
The legal frame work during this dynasty was primarily based on the Islamic law and
they maintained the administrative structure which was established by the previous
rulers of Delhi Sultanate.

Sayyid dynasty was succeeded by the Lodhi dynasty which ruled the parts of the sub-
continent from 1451 to 1526. The founder of this dynasty, Bahlul Lodhi established
himself as the Sultan of the Delhi after overthrowing the previous ruling dynasty,
the Sayyid dynasty. The Lodhi dynasty was known for its military prowess and
administrative reforms. During the Lodhi dynasty, the legal framework in place was
largely influenced by Islamic law, as the ruling elite followed the Islamic faith and
provided the foundation for good governance, including the matters related to personal
status, family law, and criminal law. Islamic legal principles were applied in courts,
and judges or Qadis interpreted and administered the law.

Legal System of Sultans of Delhi

 Obedience and Strict Adherence to Shariah:
Shariah law was adopted by the all the Sultans of Delhi. They tried to live their lives
according to Islamic law in order to secure the proper ends of justice throughout the
Indian Sub-continent. The framework of the Delhi sultanate was predominantly based
on Shariah law. Shariah encompasses, religious, moral, and legal principles derived
from Quran and Sunnah and it covered the various aspects of personal, public life
including family law criminal law and property law and contracts.

The most prominent work was done by Qutabuddin Aibak, he was the man of principles
and good reputation. His reign was governed under outstanding Islamic laws. Secondly,
Iltumish maintained the law and order situation and also started the practice of handing
chains of justice outside of his palace. He personally look after the state functionaries
in order to secure administration of justice among people.

After Iltumish, all of the sultans followed him. Most of them maintained strict
adherence to Shariah law.

Like, it was declared by Alauddin Khilji that Government is meant for the kings and
religion for Qadis and Muftis.

Once Sultan Muhammad Tughlaq asked one of his judges to formulate new laws
according to the instruction of Sultan but the judge denied violating the basic and
coring requirements of Shariah.
“No one was allowed to go against to the rules of Shariah.”

Feroz Shah Tughlaq introduced the Code of Civil Procedure “ Fiqh Feroz Shahi” in
which he distinctively addressed that ‘Violation of Shariah Law is completely banned’.

Later on, the famous book ‘Fatawa Alamghiriah’ replaced Fiqh Feroz Shahi and
covers all Corpus Juris of legal provisions prevailing in India at that time.

 Hierarchy of Courts:
At the center the following courts were there at that time;

1. King’s Court: It was the Superior Court at the center headed by Sultan as the
presiding officer of this court and it had the jurisdiction to try all kind of cases.

2. Chief Justice Court: It was another court at the center headed by Qazi-ul-
Quzat. It had the same jurisdiction like king’s court.

3. Diwan-e-Muzalim: This court was the Superior Court in respect of criminal

cases and it had the original criminal jurisdiction as well as appellate jurisdiction.
This court was headed by Sardar-e-Jahan.

4. Diwan-e-Risalat: This court was the highest court of appeal in civil cases. It
had the jurisdiction in civil matters only and this court was also headed by Sardar
-e-Jahan.

5. Sardar-e-Jahan Court: There was the Sardar-e-Jahan court other than all
other courts and it specially deals with ecclesiastical cases.

6. Diwan-e-Siyasat: This court was only established in the Era of Muhammad

 Tughlaq. He was the chief officer of this court. It was the temporary court for
sanctioning criminal prosecution.

 Hierarchy of Court at Provincial Level:

Like the center, same laws were applicable in Provinces for Muslims. There were 5
courts in the province which are as follows;

1. Adalat Nazim Subah: It has the original and appellate jurisdiction to try all
kinds of cases and it was headed by Governor also known as Nazim.

2. Adalat Qazi Subah: It was the special court to try common law cases and it was
also the appellate forum for such cases and presided by Chief Qazi appointed by
Governor.

3. Governor’s Bench: Beside governor’s court there was governor bench. It also
had original jurisdiction to try all kind of cases. It was the highest appellate
court in the province.

4. Diwan-e-Subah: All revenue matters were decided by this court. It had original
and appellate jurisdiction to try all kind of cases related to revenue and finance.

5. Sardar-e-Subah: This court particularly deals with ecclesiasticial department.

In this court, Sultan sometimes, constitute a special bench.

 Sakars or District Headquarters:

In districts, there were 6 separate courts which performed judicial functions namely;

1. Qazi Court: This court used to decide all kinds of civil and criminal cases. Qazi
specially heard the appeals from Paragnahs, Kotwals and Foujdars. It was the
highest court of appeal in the district.
 2. Dadbak or Mir-Adl: This court was established by Sultans of Lodhi Dynasty.
They used to decide matters which was purely civil and of petty nature. Appeal
of this court lay to Provincial Qazi court.

3. Faujdar: In criminal cases, Faujdar used to decide petty matters and these
matters were not of capital nature.

4. Sadr: Sadr in district exclusively deals with the land and registration cases.

5. Amils: Land revenue cases were decided by Amils in district.

6. Kotwals: This court was pretty active in dealing with petty criminal cases.
Police cases were also in its jurisdiction.

 Parganah Headquarters:
A parganah was divided into group of villages and for these villages there was a
village assembly which was also known as Panchayat, a body of 5 leading men to look
after the executive and judicial matters. The sarpanch or chairman was appointed by
Nazi or Faujdar. The panchayat decided civil and criminal cases of purely local
character. The courts attached to parganah include:

1. Qazi-e-Parganah: It was the lowest court whih had the jurisdiction to try all
civil, criminal and canon law cases.

2. Kotwal: Other than Qazi-e-Parganah court, there was Kotwal court whose
jurisdiction was limited to petty criminal cases.

 Army Courts:
In cantonment areas, there used to be a Qazi Urdu Court. It had same powers as Qazi-e
-Parganah. This court was limited to try cases of troops and cantonment area. This
court possessed original jurisdiction in respect of troop cases.

 Administrative Structure:
The Sultan was the supreme authority and held executive powers. The whole empire
was governed by the Sultan. The emperor was elected by leading men at the capital and
most of the Sultans were elected on the same pattern, however, some of the strong and
powerful Sultans had promoted their young sons to become a Sultan. The empire was
divided into Provinces and these provinces were governed by Governors also known as
Amir who were appointed by Sultan. These governors had administrative and military
authority and collected taxes on the behalf of state. Later on, these provinces further
divided into districts and sub-districts. In terms of judiciary, the Chief Justice was the
sole authority, also known as Qazi-ul-Quzat. Sultan was introduced before public in
the presence of Chief Justice and other officers. The Chief Justice was subordinate
to Sultan. Most of the times, Sultan did not interfere in the judicial matters. Sultan
was also assisted by Council of Ministers but he was not bound to act on such advice, he
may take decisions at his discretion. The major departments include Finance, Army,
General Administration, Ecclesiastical department, Law and Justice.

 Revenue Collection:
The Sultans of Delhi Sultanate generate their revenue from following resources;

 Jizya and Khiraj: Jiziya was a “Poll Tax” imposed on non-muslims living under
the Muslim rule and Khiraj was a “Land Tax”. These taxes were the significant
revenue resources for the ruling dynasty.

 Land Taxation: The Sultans of Delhi divided their estate into Khalsa
Administered and tax directly by the Crown and lands framed out to their
servants and slaves as payment for services. Sultan himself was the Landlord,
therefore, most of them “Employ the Resources of the state to enhance their
productive capacity”. The tax rate was different on different lands.

 Taxation in Doab: Doab means land between two rivers that is Ganga and Jamna.
Sultan Muhammad bin Tughlaq introduced taxation in Doab. At that time there
was famine on the land so it drastically affected and upset the farmers and
 villagers. Both situations led to serious peasant revolts and people fled away
from villages. Hence, it was a failure at that time.

 Feroz Shah Tughlaq implemented a revenue administration system known as

“ Dafter-e-Mamalik” to regulate land revenue collection. They introduced
surveys, assessed land productivity and imposed taxes. Revenue officials known
as Wazir or Diwan were appointed to manage and supervise the collection process.

 Sayyids imposed ‘Corn Taxes’ which were eliminated by Lodhi’s.

 Criminal Justice System:

During five dynasties of Delhi Sultanate the criminal justice underwent significant
changes. The rulers implemented various measures to maintain law and order, punish
offenders and administer justice. These measures are as follows:

 Qazi system: The sultanate follows the Islamic legal system and Qazi played a
crucial role in the administration of justice. The Qazis were basically
responsible for interpreting Islamic law, resolving disputes and ensuring justice
in accordance to the principles of Shariah.

 Muftis: Muftis were also appointed to assist courts and they all were under an
obligation to obey law and administer it according to Shariah law. If the king
has any doubt in resolving an issue he may consider opinion of two muftis of
high moral character and experts in Islamic law. Such opinions were not binding.

 Qanun: Alongside Shariah, the Sultans of Delhi Sultanate introduced here on

regulations and decrees known as Qanun. These regulations supplemented Islamic
law and addressed administrative, fiscal and social matters. Qanun was enforced
by the state apparatus and had the force of law.

 Police Administration: The Sultans established the system of police

administration to maintain law and order. The Chief of police known as Kotwal
who was responsible for peace, preventing crimes and apprehending criminals.
The kotwal worked closely with local administration and military forces.
  Punishments: Punishments for crime were generally harsh and varied depending
on the severity of the offence and discretion of ruling authority. Punishments
included fines, imprisonment, public floggings, amputation of limbs and
execution in the severe cases.

 Witnesses and testimonies: Witness testimonies played a crucial role in the

criminal justice system. Witnesses were called upon to present their accounts of
crime and provide evidence to support the prosecution and defense. The
testimonies of credible witness held significant weight in determining guilt and
innocence.

 Non- Muslims: In the reign of Sultans, for the civil cases Hindus had their own
special law. Regarding criminal law Hindu and Muslim were treated similarly
Pandits were introduced for Hindus. Hindu was assisted by Pandits specially in
religious matters. Sultans had authorized Hindu to apply their own special law.
Mubarak Shah was first Sultan in Sayyid Dynasty to appoint Hindu noble in the
court of Delhi.

 Military Administration:
In the Khilji dynasty, the sultans place great emphasis on military affairs. The sultan
held supreme authority over military and commanders. They were appointed to lead and
manage the armed forces. During this dynasty, Alauddin Khilji established the
permanent army and pay soldiers in cash. This concept was promoted and maintained by
the other dynasties as well.

 Economic Reforms:
The sultans khilji dynasty specially Alauddin khilji established the maket control
department and named it as Diwan-e-Rysat. An open market system also known as
Sara-e- Adl was introduced to reduce tariff and non tariff Barriers. It gave rise to
the concept of four market namely grain cotton sugar etc, horse slave cattle market,
miscellaneous commodities and fixed the price of all commodities.

 Agricultural Reforms:
The sultans of Tughlaq dynasty introduced the “Batai System” that is the sharing of
crops. Later on, in the time of famine the Government started giving “Takkavi Loans”
that is loans for agriculture. A separate department for agriculture was established
which was named as Diwan-e-Kohi.

Conclusion:
While summing up the discussion about legal framework of five dynasties it is
concluded that the sultans were greatly influenced by Abbasid institutions and they
have followed the same model of administration as of Abbasids. A few legal reforms
were introduced under which it was directed that all judges should strictly adhere to
law and people should be well acquainted with the dispensation of justice. The judiciary
was independent in the reign of sultans and they did not interfere much with judiciary.
Sultans did not only focus on law but on morality as well. Common judicial system was
applicable to all Muslims.
 REFERENCES:
 The legal system of Sultans of Delhi: An overview By Sardar
M.A.Waqar Khan Arif
 Traces of Mughal Administrtion of justice in modern democracies; A
case study of India and Pakistan By Dr.Bakht Munir
 https://kids.britannica.com/students/article/Slave-
dynasty/623383
 Administration of Justice in Medieval India: An Analytical Study of
Legal Systems of Salateen of Dehli.
https://jhs.bzu.edu.pk/upload/VOl%20II
 Economic Policy And Administration under Khilji Dynasty
https://www.jagranjosh.com/general-knowledge/economic-policy-
and-administration-under-khilji-dynasty-1440495039-1

 Tughlaq Dynasty | Rulers and Policies of Tughlaq Dynasty

https://www.sscadda.com/study-notes-based-on-tughlaq-dynasty
 The Sayyid Dynasty: History, Founder & Rulers
 https://blog.finology.in/Legal-news/sayyid-dynasty