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The Judicial System in Medieval India
The Judicial System in Medieval India
Towards the end of the 11th and the beginning of the 12th century,
began the downfall of the Hindu period. Local Hindu Rajas were
attacked and defeated by foreign invaders of Turkish race. Gradually,
old Hindu kingdoms began to disintegrate.
One of the main secrets of the success of the Sultan of Ghazni and Ghor
was the use of shock tactics, the sudden raid followed by the equally
swift victorious return home. Against this, the Indian leadership was not
vigilant.
The social system of Muslim was based on their religion, Islam, which
may be described as a reformist version of current 7th century Arabian
practice. The Muslims followed the the principles of equality for men and
they had no faith in the graded or sanctified inequality of caste system.
Muslim religion places every man on an equal footing before God,
overriding distinctions of class, nationality, race and colour. Polygamy
was restricted by Islam to the taking of four wives. The Muslims adopted
many habits, ways and manners of Hindus and vice versa.
The political theory of Muslims was governed by their religion, Islam. It
was based on the teaching of the Quran, their religion book, the
traditions of the prophet and precedent. Sovereignty in a Muslim State
belonged to God. The Muslim kings in India in general regarded
themselves as Gods’ humble servants. The Muslim polity was based on
the conception of the legal sovereignty of the Sharia or Islamic Law.
The Quran being of absolute authority, all controversy centred round its
interpretation, from which arose the Muslim Law or Shariat. But the
Muslims also proliferated into many sects. Two main sects were – the
sunnis, to which the Turks and afghans in India adhered, and the shias
who become dominant in Persia.
Historical introduction:
In the late 10th and early 11th centuries, Mahmud of Ghazni, a Muslims
of Turkish race, attacked Indian from the north-west. Subsequently,
Mahmud led a series of raids on North-West India plundered, destroyed
the Temples and each time returned with huge wealth.
The Delhi Sultanate was an Islamic empire based in Delhi that stretched
over large parts of South Asia for 320 years (1206–1526).
1. Administrative Units:
The civil administration of the sultanate was headed by the sultan and
his Chief Minister (Wazir). The sultan was divided into a administrative
divisions from the province to the village level. A group of village
constituted a pargana.
In Mediaeval India the sultan, being head of the state, was the supreme
authority to administer justice in his Kingdom. The administration of
justice was one of the important functions of the sultan, which was
actually done in his name in three capacities: Diwan-e-Quza, Diwan-e-
Mazalim and Diwan-eSiyasat. The courts were required to seek his
prior approval before awarding the capital punishment.
• The kings Court – The kings court presided over by the sultan,
exercised both original and appellate jurisdiction on all kinds of cases. It
was the highest court of appeal in the realm.
• The Chief Justice Court – The Chief Justice Court was established in
1206. It was preside over by the Chief Justice (Qazi -ul – Quzat). It deal
with all kinds of cases.
(b) Provinces – In each province (Subah) at the provincial
headquarters five were established.
• Qazi
• Dabbaks or Mir adls
• Faujdars
• Sadre
• Amils
• Kotwals
• Qazi – e – Pargana
• Kotowal
In 1540 Sher Shah laid the foundations of Sur dynasty in India after
defeating the Mughal Emperor Humayun, son of Babur. During the reign
of the Sur dynasty from 1540 to 1555, when Sher Shah and later on
Islam shah ruled over India, the Mughal Empire remained in abeyance.
Sultan Sher Shah was famous not only for his heroic deeds in the
battlefield but also for his administrative and judicial abilities.
In spite of the fact that Sher Shah ruled only for five years, he introduced
various remarkable reforms in the administrative and judicial system of
his kingdom.
IV. The judicial Officers below the chief provincial Qazi were transferred
after every two or three years. The practice continued in British India.
VI. The chief Qazi of the province or the Qazi – ul – Quzat was in some
cases authorised to report directly to the Emperor on the on the conduct
of the Governor, especially if the latter made attempt to override the law.