3rd International Conference on Arabic Studies and Islamic Civilization
JUDICATURE OF ISLAMIC LAW IN MEDIEVAL INDIA
Sabah Bin Muhammed PM
Faculty of Islamic Studies and Social Sciences
Hamdard University
New Delhi
[email protected]
ABSTRACT
This paper aims to provide an historical analysis of the application of Islamic law in Medieval India
and the paper also try to show the contributions that the Muslim jurists made to the Indian legal
system and attempts to spread Islamic law throughout the country. An outline of the Islamic law was
applied in the Indian Subcontinent by the military campaign of Muhammed bin Qasim in 715 AD.
Later Muslim law originated and flourished during the period of 715 to 816 AD. Many Arabic and
Persian scholars modified the administration of Islamic Jurisprudence in Indian soil and produced
many monumental works in Arabic and Persian languages. Muslim law is in fact, another name of
culture and social freedom of Indian Muslims. It indicates essentially that Muslims are free to
maintain their cultural entity by Islamic jurisprudence in certain specified fields. The period of Delhi
Sultanate was a bright era of Indian history which witnessed a remarkable change in education,
science and most importantly Islamic law expanded during this period. Muslim ruler established
Islamic courts and provided judicial procedures based on Hanafi Jurisprudence. In fact, Qazi system
was introduced in the Indian Subcontinent by Muslims in Medieval period. During the period of
Islamic history in India, Islamic courts and Qazis' bold judgments have left such a bright tradition and
instances of the supremacy of the sharia code that the modern secular courts cannot even think of it.
In medieval India, many Islamic Law works especially those depicting Muslim Personal Law, were
provided by Muslim scholars like Al Qudoori by Ahamd bin Muhammed al Qudoori (d.1036), Usool al
Bazdawi by Ali bin Ahmad Bazdawi (d.1089), Al Hidaya fi Sharh Bidayat al-Mubtadi by Burahnuddin
Ali bin Abu Bakr al-Marghinani(d.1196), Fatawa-i-Qazi-Khan, it was written by Qazi Khan (d.1195.
today the Muslim of India are facing a lot of problems. One of them is that Islamic Law was has been
cut off from its original sources and authentic presentations. During The British regime, The English
educated judges mistranslated and misinterpreted the early Islamic legal theories. However, with
time, Medieval Islamic Law literature works translated into English, later these translations were
made available in the Anglo-Indian Courts. Since then this debate is going on, it is living issue and the
subject is still very relevant. This paper also seeks to address some major questions: When did the
Islamic law emerge in Indian soil? What efforts did the Islamic Scholars make to spread Islamic
jurisprudence in Medieval India? How did Muslim rulers contribute to the elevation of Islamic legal
texts to the Indian Subcontinent?
Keywords: Analytical, Historical and conceptual.
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1. Introduction
The Arabia and the Indian Subcontinent have been connected to each other from ancient times. In
fact, the Arab tradesmen tried to visit the coastal reigns of Sothern India, particularly in Malabar that
linked them with the ports of South East Asian Countries. These Arab traders brought Islamic cultural
entity to South Asia and spread Islamic beliefs throughout the region. Beside the trade connection
with Muslims, The Indian Subcontinent witnessed the presence of first military campaign was
conducted by during the time of second Caliph Omar. But the most influential military attack in
Indian soil was led by Mohammed bin Qasim in 711 AD. However the northwest India is depose a
powerful foundation of Muslims in the subcontinent. After his conquered of Sind, he started to
establish the legal system and introduce an Islamic spiritual atmosphere. Islamic mystics (Sufis
saints) also played a remarkable role in the field of Islamic preaching. Basically the Turks and Afghans
who crossed Khyber Pass and ruled India were Hanafi followers. They came to India were deeply
influenced by the Persian and Arabic languages that have become the administrative and literary
language of Central Asian countries from the 10the century. Digest of the Islamic jurisprudence was
prepared in Arabic and Persian with the help of Indian Islamic scholar. Many Persian law literatures
translated to Arabic language by the Arabic scholars.
2. Hanafi Jurisprudence in the Indian Subcontinent
Hanafi law is one the main and important juristic school in the world. Islamic law system and its
principle had reached to Indian Subcontinent with Islam in the 7th century AD. The schools of Islamic
jurisprudence imported in Medieval India by later Muslim saints, rulers and travelers. During the
early period (715-856), Muslims become part of the Indian society and they shared what they
inherited from Islam. As they brought Islamic science of Quran, Tradition of the Prophet (pbuh),
Interpretation of the Holy Quran especially they came with Islamic Jurisprudence. The Hanafi law left
a remarkable effect in Sind region and it was very close to Iran and Iraq where this school of
jurisprudence originated and developed. The Hanafi jurisprudence is coined by Imam Abu
Hanifa(699-767). This law system is now followed by the majority of Muslims around the world,
particularly in India, Pakistan and Bangladesh, moreover.
3. Islamic Law in Muslim Rule
Islamic law was introduced in Medieval India even before the establishment of Delhi Sultanate and
Mughal Period. Nevertheless the Delhi and Mughal rulers also followed and encourage people to
practice Hanafi jurisprudence in their daily life. Fataw-e-Ghiyasiya was the state code of Islamic law
in India. It's promulgated and originated by Ghiyasudheen Balban who ruled in India during 12661288 AD.
But this law code was displaced by the fatawa-e-Qarakhani which formed by the Khilji dynasty in
Medieval India. Later the Tuglak rulers also developed a law system, Fatawa-e-tatarkhani1. In the
Mughal Period, former Islamic legal system was replaced by new state code like Fatawa-e-Babari
but it was not familiar in that period. But in the time of Aurangzeb, he order to collect all the
fatawas, this was known as Fatawa-e-Hindiya better known as Fatawa-e-Alamgiri. The Delhi Sultans
had a special interest to promote the state administration especially in law and they tried to impose
the state legal administration system like Shaikul Islam, Qazi, and Muhtasib (censor of public morals)
and other important positions that required a good Islamic knowledge and understanding of Islamic
Jurisprudence.
1
Tahir Mahmood, Statue-law relating to Muslims in India, New Delhi 1995 p.9
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4. Importance Features of Fatawa Literature on Islamic Law in Medieval India
In Medieval period, Islamic Jurisprudence mostly effected through the Fatawa (verdicts). In the era
of Sultans of Delhi, the system of fatawa was the most popular way of contributing to Islamic law.
Under the Tuglaq dynasty Islamic Jurisprudence developed and flourished more than other
dynasties. In fact so many Islamic law theories also produced in this period like;
 al-Nisab-Ihtisab,
 Matalib al-Mominin,
 Majmu-i-khani,
 Fawaid-Firuz Shahi,
 Tuhfat al-Nasaih,
 Turfat al Fuqaha
 Taisir al Ahkam2.
These verdicts mostly examine with the legal problems of varied nature especially with those
connected with the important problems faced by a Muslim in a daily life. However, the sources of
these works included a number of Fatawa-Collection and other juristic theories such as Hidaya,
Fatawa- Srajiah, Fatawa-i-Husami, Khulsat al Fiqh. Here it is very important to examine Hidaya, one
of the remarkable works among Hanafi thought. It was written by a famous Islamic Jurist Burhan alDin al-Marghinani (1135-97) in 12the century era. The original work was in Arabic language. The
work had been considered with respect in those administrations in law where Hanafi people were in
Majority. There were many commentaries (Shuruh) and marginal notes (Hawashi) produced on the
classical Islamic law works. Of them, the following are noteworthy
 Sharah-i-Hidaya was written by Hamidudheen Mukhlis Ibn Abdullah Dehlawi,
 Sharah-i-Hidaya also known as Taushih was written by Umar Ibn Ishaq Ghaznawi
 Hashiya Hidaya was written by Husain Ibn Umar Ghiyaspuri3,
Another notable element of these Verdicts (Fatawa) is that they are in Arabic and Persian languages.
According to Persian Language was not only official language in that time it was also common
language of communication and was more popular in academic and literacy field than Arabic
language. It should be noted in mind that the Fatawa (verdicts) and other Islamic legal literatures
were mostly to be used by Muftis and Islamic philosophers especially Qazi-ul- Quzat was familiar
with Arabic language than Persian4. One of the important points on Fatawa literature in Medieval
India is mainly related to four remarkable Fatawa collections that had been responsive to the sociopolitical and economical issues that period namely
 Al Fatawa-e-Ghiyasiyah
 Al Fatawa al-Tatarkhaniah
 Fatawa Firozshahi
 Al Fatawa-al-Alamgiriah
4.1 Al- Fatawa al- Ghiyasiah
This work is the earliest Fatawa compilation of medieval India. It was written in Arabic language. The
Fatawa was compiled by the famous Islamic Scholar Daud Ibn Yousuf al-Khatib al-Baghdadi in the
last thirteenth century. The Fatawa Ghiyasiah catechized the major problems of Personal matters
2
Zafarul Islam, Fatawa Literature of the Sultanate Period, New Delhi 2015 p.8
Ibid p.12
4
http://www.westeastinstitute.com/journals/wp-content/uploads/2013/10/Haila-Abdurrahman-Al-Sahli.pdf,
retrieved on 7-02-2016
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like that the issue of use of Persian words in Nikah(marriage) ceremony, pronouncing talaq(divorce)
and relieving payment of mahr(dower). There are many other relevant issues taken note of by Al
Fatawa-al-Al-Ghiyasiyah. However some of other two important problems are mentioned here
1. Pronouncing talaq through risalah (letter).
2. Judicial rights of wife in case of non- payment of nafaqah (amount of maintenance for wife)
by husband for a long time5.
4.2 Al Fatawa-e- Tatarkhaniah
This work was written in Arabic language under the supervision of eminent historian Tatarkhan in
the region of Firozshah Tuglaq. Zad al- Muzafir was the original name of Al Fatawa-e-Tatarkhaniah.
In Medieval history, this fatawa is followed the pattern of legal compendium of the Hanafi
Jurisprudence Al Hidaya as mentioned above. The Fatawa has discussed many interesting problems
which may be considered relevant even in present times such as marriage between Muslim and an
Ahl Kitab (People of divine book), triple divorce. But a large number of issues with reference to
Persian language, these may be seen in the matters relating to marriage, divorce, endowment6.
4.3 Fatawa-e-Firozshahi
The work has discussed different aspects of Muslim and non Muslim relations especially on the
socio-economic problems that emerged in those days India. The work is structurally different from
other fatawa collections of medieval period. In fact, the traditional way of collecting the fatawa in
those days was to collect the views of earlier Islamic scholar and jurists on different points of law.
Contrary to the old lines, the compiler of the work has completed his work in the form of itifa
(query) and fatawa (verdict) that is the original path of the fatawa collection. The Fatawa-eFirozshahi is a juristic and legal collection of Firozshah Tuglaq's region. Some traditions and customs
regarding nikah (marriage) function are also referred to in the Fatawa-e-Firozshahi. Nichhawar was a
one of the important parts of marriage ceremony in those days that Muslims inherited from the preIslamic period7.
4.4 Al-Fatawa al-Alamgiriah
The eminent work contained the elements and principles of Islamic law and Fatawa of the jurists
relating to civil, penal, religious and international matters. Even though it compiled basically from
the Hanafi law, it also relate to the views of jurists of other schools on major problems. This work
was finished under the supervision of famous scholar Shaikh Nizam Burhanpuri by the order of
Mughal Emperor Auranzeb. Today, In the Indian court is still referred most constantly than any other
Islamic law works of the same nature which was collected in the Indian Subcontinent. In fact, it is
very difficult to find out any example of collective Fatawa system in other Muslim countries before it
was introduced in Muslim period in the Indian soil. Broadly, we can say it was great and remarkable
achievement of the era in the history of Fatawa-compilation.
5
Zafarul Islam, Op .Sit p.48
Ibid, p.103
7
Ibid, p.58
6
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5. The Administration of Court System during the Delhi Sultanate
During the time of Delhi sultanate, The Sultan was the head of the State and he was also the main
authority of the administration of Justice. For the administration of justice, the Sultan was created in
three methods in medieval period namely;
 Diwan-i-Qaza,
 Diwan-i-Mazalim,
 Diwan-i-Siyasat.
Six major courts were established under the Delhi Sultanate, namely,
 The King's Court,
 Diwan-i Siyasat,
 Diwan-i-Mazalim,
 Diwan-i-Risalat,
 Sadre Jehan's Court
 Chief Justice's Court8.
Even though these courts have been practiced by the Muftis properly the Chief Justice's Court (Qaziul-Quzat) was the highest judicial administrator next to Sultan. This court was established in 1206 by
the Sultanate. In fact the Chief Justice had a power to preside fatawa and major advises to the
people in the absence of the Sultan over these courts. It dealt with all kind of cases includes personal
matters. Four highly respected officers namely Mohtasib, Mufti, Dadbad, Pandit were also appointed
to make a strong support to the Court of the Qazi-ul-Quzat. Here Mufti and Pandit were appointed
to explain personal laws of Muslims and Hindus in personal matters respectively.
6. The Administration of Court System during the Mughal Period
The Mughal period begins with the victory of Babur in1526, and their empire continued from 1555
to 1755. During the Mughal Era, the Sultan was considered "The Fountain of Justice" like the
administrative system of Delhi Sultanate. However the emperor established a separated
administrative department of justice (Mahakma-e-Adalat) to codify fatawa and see that the justice
was administered correctly. Here also can see that the court of Sultan was the highest court of the
empire. There were four highly educated officers appointed to the court of Chief Justice namely,
 Daroga-e-Adalat,
 Mufti,
 Mohtasib,
 Mir Adil.

In fact, Mufti had a special power and a major role in Mughal Period to support the Court of Chief
Justice. After that Mufti was known as Mufti-e-Azam. But during the medieval period, a systematic
effort for Judicature of Islamic law was followed by the courts. It was basically regulated by two
outstanding Islamic law codes, namely, Fiqh-e- Firozshahi and Fatawa-e- Alamgiri. The criminal court
and civil court of the District was exercised by the Qazi-e- Sarkar. The court had a major role to
preside in civil cases in religious matters. Qazi-e-Sarkar was also known as "Shariyat Panah". Six
officers were appointed to his court were
8
http://isaidat.di.unito.it/index.php/isaidat/article/viewFile/44/50, retrieved on 07-02-2016
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





Darogha-I-Adalat,
Mir Adil,
Mufti,
Pandit or Shastri,
Mohtasib,
Vakil-e-Sharia.
7. Conclusion
During the British regime, the principles of Islamic law and elements were mistranslated and
misinterpreted by the English courts in the country. For example, one of the major medieval works
Hedaya was translated into English by Charles Hamilton in A.D 1791 by the orders of Warren
Hasting, but his translation was faulty. Many other great Arabic and Persian works were
mistranslated to their own language by the English educated judges like Fitzgerald, William Hay
Mc.Naghten, Wilson, Neil Bailie and Charles Hamilton. Today the modern period also the original
works are presented a very mistaken and distorted version of Islamic law in the courts. This is not
always the true Islamic and Sharia law in force in the Country when the British left.
This is a part of my PhD under the supervision of Assistant Professor Dr. Safiya Amir
References
1. Mahmood Tahir, Statute-Law Relating to Muslims in India, Institute of Objective Studies, New
Delhi, 1995
2. Mahmood Tahir, The Muslim Personal Law of India, Law Book Co.,1980
3. Mahmood, Tahir. Muslim Personal Law: Role of the State in the Subcontinent. New Delhi: Vikas
Pub. House, 1977.
4. Mahmood Tahir, Personal Law in Islamic Countries, Academy of Law and Religion, New Delhi
1987
5.
Sethi, R. B., Muslim Marriage and its Dissolution, Law Book Co., Allahabad 1988
6. Zafarul Islam, Fatwa literature of the Sultanate period, Kanishka Publishers, New Delhi 2005
7. http://www.westeastinstitute.com/journals/wp-content/uploads/2013/10/Haila-AbdurrahmanAl-Sahli.pdf
8.
http://isaidat.di.unito.it/index.php/isaidat/article/viewFile/44/50
e-Proceeding of the 3rd International Conference on Arabic Studies and Islamic Civilization
ICASIC2016 (e-ISBN 978-967-0792-08-8). 14-15 March 2016, Kuala Lumpur, Malaysia.
Organized by http://WorldConferences.net
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