RAJIV GANDHI NATIONAL UNIVERSITY OF LAW,

PUNJAB, PATIALA

Legal Institutions in Medieval India

-An Evaluative Study

Prepared for: Mrs. Rachna Sharma.

Prepared by: Ankita Mittal, 427

Debarati Dey, 429

Prakhar Deep, 437

Anshul Gupta, 439

 Legal Institutions In Medieval India: An
Evaluative Study

CERTIFICATE

This project is purely based on the bonafide research work carried out
under the guidance and supervision of Mrs. Rachna Sharma and the same has not
been submitted anywhere for any purposes whatsoever.
Ankita Mittal

Debarati Dey

Prakhar Deep

Anshul Gupta

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Contents
............................................................................................................................3
Contents........................................................................................................................................3
....................................................................................................................................................4
ACKNOWLEDGEMENT...........................................................................................................4
Introduction..................................................................................................................................6
CHOLA ADMINISTRATION...................................................................................................9
The Delhi Sultanate....................................................................................................................11
The Administration of Justice: Constitution of Courts..................................................................13
Province:-In each Province (Subah) at the Provincial Headquarters five Courts were established,
namely, Adalat Nazim Subah, Adalat Qazi-e-Subah, Governer’s Bench (Nazim-e-Subah’s Bench),
Diwan-e-Subah and Sadre Subah....................................................................................................14
Parganah: At each Paraganah Headqurter two courts were established, namely, Qazi-e-Parganah
and Kotwal. The Court of Qazi-e-Parganah had all powers of a District Qazi in all civil and
criminal cases except hearing appeals. Canon law cases were also filed before this court..............15
The Mughal Period: Judicial System.......................................................................................16
.....................................................................................................................................................16
The Administration of Justice: Constitution of Courts..................................................................16
v) Villages: The village was the smallest administrative unit. From ancient times the village
council (Panchayats)were authorized to administer justice in all petty civil and criminal matters.
Generally, the Panchayat meetings were held in public places. It was presided by five Panchs
elected by the villagers who were expected to give a patient hearing to both the parties and deliver
their judgment in the Panchayat meeting. Sarpanch was the President of the Panchayat. No appeal
was allowed from the decision of a Panchayat. Village Panchayats were mostly governed by their
customary law.................................................................................................................................19
Crimes and Punishments..................................................................................................................21

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ACKNOWLEDGEMENT

We take this opportunity to express our humble gratitude and personal

regards to Mrs. Rachna Sharma for inspiring us and guiding us during the course of
this project work.
We also extend our sincere thanks to our parents and friends for the
inspiration and guidance given to us from time to time during the progress of
this project work. And we also want to extend our regards to the library staff
of our university as without their help this project was not possible.
Group 5

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Abstract

Lord Acton –
“History to be above evasion or dispute, must stand on documents, not opinions.”

We have taken up this topic to study Legal Institutions prevalent in Medieval

India. We shall be discussing their magnitude and momentousness and also their complications.
In this project we have tried to go over with a fine-tooth comb to understand the legal system
and its functioning and how efficacious it was to the people of the reign. This study also covers
up different reigns in Medieval India like Cholas, Delhi Sultnate and Mughals and contributions
made by them to the Indian history. It commentate on rise and fall of the rulers in Medieval
India in chronological order so as to make the study of legal institutions and their capacity of
imposing law on their population facile and sequential. In this project we shall be taking up
each kingdom in respective chapter so as to bring a coherent and unclouded picture of legal
history.We have tried to assess every detail of the judicial setup and its working. In addition to
this we have also tried to ankita mittal

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Introduction
Medieval Era ranges from ------ and was the most influencing era in the Indian
history. The span began with Cholas in the power. It was the most important dynasty to rise out
of the South India. To begin with, the Cholas had managed almost immediately to reduce the
Pallavas to the status of minor feudatories. They remained in power for 300 years. This they
managed with sheer tenacity over a period from 900-1100 AD and even then for a short while
only. The first important ruler to emerge from the dynasty was Rajaraja Chola I (985-1014AD)
and his son and successor Rajendra Chola (1014-1035AD). Rajendra Chola I was killed in
1052AD, in battle against his old foes, The Chalukyas. The successors of Rajendra I were far
too occupied with their problems within the peninsula to worry about overseas expansion.
Almost throughout they remained at loggerheads with the Chalukyas, with both carrying attacks
and revenge raids against each other. However, by the middle of the 12th century Chola power
was already deep into decline. The south was simply far too divided and no one kingdom stood
out as a clear leader. The scene rapidly shifted to the north where much liveliness had occurred
by this time.1

It was what the historians call the 'early medieval' period of India, about the 11th
to 12th century AD when the much traveled Rajputs were floating restlessly around looking for
a home before finally finding shelter in the Rajputana area. Here the strategic location of Delhi
came to play as it was the doorway to both the fertile Punjab, the fabled land of the five rivers,
and the fertile Ganges valley.

A number of important legal institutions were developed by Islamic jurists

during the classical period of Islamic law and jurisprudence, known as the Islamic Golden Age,
dated from the 7th to 13th centuries. One such institution was the Hawala, an early informal
value transfer system, which is mentioned in texts of Islamic jurisprudence as early as the 8th
century. Hawala itself later influenced the development of the Aval in French civil law and the
Avallo in Italian law.[15] The "European commenda" limited partnerships (Islamic Qirad) used
in civil law as well as the civil law conception of res judicata may also have origins in Islamic
law.2

In 1000AD, Mahmud of Ghazni (Afghanistan) encroached upon Indian

1
http://www.indiaandindians.com/india_history/cholas.php
2
http://en.wikipedia.org/wiki/Legal_history

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territories for the first time and then made these invasions almost an annual feature. What with
no strong central power, looting the wealth of India to replenish the coffers of Ghazni must
have been as easy as finding it. In all, Mahmud invaded India eleven times and the wealth he
looted from here went into funding his campaigns in central Asia and mosques, libraries and
museums in Ghazni. Strangely enough, no confederacy appeared to ward off his invasions.
After Mahmud's death in 1030AD, any chances of such a mutual consensus being reached
among the rulers fizzled out since the significance of his raids as forerunners for others to
follow was never quite grasped.

The Delhi Sultanate had a much longer reign in Delhi than any other dynasty that had
come before it. In fact, it remained in power throughout the period between 1190 and 1526. The
state's boundaries kept shifting, and at different times included Afghanistan and the Deccan, but
the central dynasty did not budge till the Mughals arrived.The first to begin the consolidation
work the dynasty was Altamash (1211-1236AD), who was the son-in-law and successor of
Qutub-ud-din Aibak. The Slave Dynasty is also famous for having given India its first woman
king, Raziya Sultan (1237-1240AD), the daughter and successor of Altamash.She was followed
by a very tough customer, Ghiyas-ud-din Balban (1266-1286AD). Balban left a strong base for
his successors to build upon. Now the Sultanate saw the rise of the Khaljis, together with Jala-
ud-din Khalji (1290-1296AD) and Ala-ud-din Khalji (1296-1316AD), who were its first real
dynasty. They were followed by the Tughlaqs who produced three strong rulers – Ghiyas-ud-
din Tughlaq (1320-1414AD), Muhammad-bin-Tughlaq (1325-1351AD) and Feroze Shah
Tughlaq (1350-1388AD). After Feroze Shah’s death, the luck of the Delhi Sultanate ran out and
it was sacked thoroughly and absolutely by Timur, the Lame, the famous Persian ruler. This
was however not the first time that India had been invaded since the Delhi Sultanate took
charge. Almost throughout its history, the Sultanate was troubled by repeated invasions from
the persistent Mongols but they were able to successfully repel all Mongol advances.

The last dynasty of the Sultanate was the Lodi dynasty. The last Lodi ruler,
Ibrahim Lodi was greatly disliked in his court and subjects alike. He was overly ambitious.
Thus, governor of Punjab- Daulat Khan and his uncle, Alam Khan sent an invitation to Babur,
the ruler of Kabul, to conquer Delhi. The first Battle of Panipat (April 1526) was fought
between the forces of Babur and Delhi Sultanate. Ibrahim Lodi was killed in the battleground.
By way of superior generalship, vast experience in warfare, effective strategy and appropriate

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use of artillery, Babur won the First battle of Panipat and occupied Agra and Delhi. He set the
foundation of the Mughal dynastywhich was to rule India for another 300 years.

Babar ruled until 1530, and was succeeded by his son Humayun, who gave the
empire its first distinctive features. But it is Humayun's son, Akbar the Great, who is
conventionally described as the glory of the empire. Akbar reigned from 1556 to 1605, and
extended his empire as far to the west as Afghanistan, and as far south as the Godavari river.
Akbar, though a Muslim, is remembered as a tolerant ruler, and he even started a new faith,
Din-i-Ilahi, which was an attempt to blend Islam with Hinduism, Christianity, Jainism, and
other faiths. He won over the Hindus by naming them to important military and civil positions,
by conferring honors upon them, and by marrying a Hindu princess.

Akbar was succeeded by his son Salim, who took the title of Jahangir. In his
reign (1605-1627), Jahangir consolidated the gains made by his father. The courtly culture of
the Mughals flourished under his rule; like his great grand-father, Babar, he had an interest in
gardens, and Mughal painting probably reached its zenith in Jahangir's time. Jahangir married
Nur Jahan, "Light of the World", in 1611. Shortly after his death in October 1627, his son, Shah
Jahan, succeeded to the throne. He inherited a vast and rich empire; and at mid-century this was
perhaps the greatest empire in the world, exhibiting a degree of centralized control rarely
matched before. Shah Jahan left behind an extraordinarily rich architectural legacy, which
includes the Taj Mahal and the old city of Delhi, Shahjahanabad. As he apparently lay dying in
1658, a war of succession broke out between his four sons. The two principal claimants to the
throne were Dara Shikoh, who was championed by the those nobles and officers who were
committed to the eclectic policies of previous rulers, and Aurangzeb, who was favored by
powerful men more inclined to turn the Mughal Empire into an Islamic state subject to the laws
of the Sharia. It is Aurangzeb who triumphed, and though the Mughal Empire saw yet further
expansion in the early years of his long reign (1658-1707), by the later part of the seventeenth
century the empire was beginning to disintegrate.

The Mughal Empire survived until 1857, but its rulers were, after 1803,
pensioners of the East India Company. The last emperor, the senile Bahadur Shah Zafar, was
put on trial for allegedly leading the rebels of the 1857 mutiny and for fomenting sedition. He
was convicted and transported to Rangoon, to spend the remainder of his life on alien soil.

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CHAPTER 1

CHOLA ADMINISTRATION
The Early history of India by V.A. Smith remarks that ancient Indian history
cannot be viewed properly unless the non- Aryan institutions of South receive adequate
attention. Hinduism is the focal point of ancient Indian culture. The Chola kingdom lay on the
Coromandel Coast with its capital at Kanjeevaram. The Chola kings had good navy. The
administrative machinery was highly organized. The self- government was the most remarkable
feature of their administration. The Cholas retained their independence till Malik Kafur
defeated the last Chola ruler in 1310.

The Chola administration was as efficient as it was integrated. From the

inscription of Parantaka I the details about the Chola administration can be found. Under the
Chola kindom the king had a council of ministers. The kingdom was divided into a number of
provinces known as mandalams, The mandalams in turn were divided into valanadu and nadus.
The basis of administration was the village. A large village or a group of villages formed
Kurram. Every village had arrangement of self- governmentor the autonomous administration. .
Panchayat was the in charge of the administration of the village. A few large villages or
Kurrams would constitute a district, that is Nadu, and a few nadus would form a division or
Kottam. The Chola kings developed a powerful navy for the purpose of developing a maritime
empire and seaborne trade. Each village had a village assembly known as the ur or the sabha.
The members of the sabha were elected by lot, known as kudavolai system. There was a
committee to look after the specified departments, such as justice, law and order, irrigation etc.,
which were called as variyams. 3

Justice was mostly a local matter in the Chola Empire, where minor disputes
were settled at the village level. The punishments for minor crimes were in the form of fines or
a direction for the offender to donate to some charitable endowment. Even crimes such as
manslaughter or murder were punished by fines.4

Crimes of the state such as treason were heard and decided by the king himself
and the typical punishment in such cases was either execution or confiscation of property.
3
http://www.indiaandindians.com/india_history/cholas.php
4
http://en.wikipedia.org/wiki/Chola_government

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Village assemblies exercised large powers in deciding local disputes. Small

committees called Nyayattar heard matters that did not come under the jurisdiction of the
voluntary village committees. The punishments in most cases were in the form of donations to
the temples or other endowments. The convicted person would remit their fines at a place called
Darmaasana.

There was no distinction between civil and criminal offences. Sometimes civil
disputes were allowed to drag on until time offered the solution. Crimes such as theft, adultery
and forgery were considered serious offences. In most cases the punishment was in the order of
the offender having to maintain a perpetual lamp at a temple. Even murder was punished with a
fine.5 In one instance a man had stabbed an army commander. Rajendra Chola II ordered the
culprit to endow 96 sheep for a lamp at a neighbouring temple.

Capital punishment was uncommon even in the cases of first-degree murder.

Only one solitary instance of capital punishment is found in all the records available so far.

5
http://en.wikipedia.org/wiki/Rajendra_Chola_II

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Chapter 2

The Delhi Sultanate

The Delhi Sultanate was one of many Muslim states that ruled in India from
1206 to 1526. Several Turkic and Afghan dynasties ruled from Delhi: the Mamluk dynasty
(1206-90), the Khilji dynasty (1290-1320), the Tughlaq dynasty (1320-1413), the Sayyid
dynasty (1414-51), and the Lodi dynasty (1451-1526). In 1526 the Delhi Sultanate was
absorbed by the emerging Mughal Empire.

The consolidation of the Delhi Sultanate took place under the Tughlak Dynasty.
The political theory of Medieval Islam was based on the teachings of the Qur’an, the traditions
of the Prophet, precedent and Greek thought. The Qur’an laid down only the broad principles of
social life and political organization.

In a theoretical and formal sense, the Islamic law(Shariah) was accredited by the
Delhi Sultans who recognized its supremacyand also tried to prevent its open violation. But
they had to supplement it by framing secular regulations(Zawabit),too. A point of view is that
the Turkish State was a theocracy; in practice, however, it was the product of expediency and
necessity wherein the needs of the young state assumed paramount importance. The
contemporary historian Ziauddin Barani distinguished.betwen jahandari(secular) and
dindari(religious)and accepted the inevitability of some secular features, because of the
contingent situations coming up. Thus, the needs of the emergent State shaped many policies
and practices not always consistent with Islamic fundamentalism. For example, during the reign
of Sultan lltutmish (1211-1236), a sectarian group (shajai)of Muslim divines approached the
Sultan and asked him to enforce the Islamic law strictly, thatis, giving the Hindus the option of
Islam or Death.On behalf of the Sultan, the wazir;'Junaidi, replied that this could not be done
for the moment as the Muslims were like salt in a dish of food. Barani records a conversation
that Sultan Alauddin Khalji had with one of his leading theologians, Qazi Mughisuddin, over
the question of appropriation of booty. While the Qazi pointed out the legalistic position which
prevented the Sultan from taking the major share of the booty, the Sultan is said to have
emphasized that he acted according to the needs of the State which were paramount. These
instances show that, in practice, the Turkish State was not theocratic but evolved according to
its special needs and circumstances despite the fact the main ruling class professed Islam.

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The Central Administrative machinery of the State consisted of the nobles

controlling various offices with the Sultan at the helm of affairs.

In the early Islamic world, there was no sanction for the position of the Sultan.
With the disintegration of the Caliphate, the Sultan began to appear in the sense of a powerful
ruler and an independent sovereign of a certain territory. The Delhi Sultans could make civil
and political regulations for public welfare. Khutba and Sikka were recognized as important
attributes of sovereignty. Thekhutba was the formal sermon following the congregational prayer
on Fridays wherein the name of the Sultan was mentioned as the head of the community.
Coinage was the ruler's prerogative: his name was inscribed on the coins (sikka).

There were many officials to look after the royal household. The wakil-i-
darlooked after the entire household and doled out salaries to the Sultan's personal staff. The
amir-i-hajibfunctioned as the master of ceremonies at the court. All petitions to the Sultan were
submitted through the latter. There were other minor officials also.

The civil administration of the Sultanate was headed by the Sultan and his Chief
Minister (Wazir). The Sultanate was divided into administrative divisions from province to the
village level. Principle of forming the administrative division remained the same with minor
changes in the area of each division. The Sultanate was divided into Provinces (Subahs). The
province was composed of Districts (Sarkars). Each District was further divided into Parganas.
A group of villages constituted a Pargana.

The Sultan was represented in each Province (Subah) by a Governor (Nazim or

Mufti), under whom a number of departmental heads were appointed. The Governor was
responsible to maintain law and order and also to collect revenue in each province. In each
District (Sarkar), the Fauzdar was the principal executive and police officer, who represented
the Governor. The Kotwal was the immediate commanding officer in the cities and Shiqahdar
was the immediate commanding officer in the cities and Shiqahdar was in Parganahs. The
Paraganahs was the smallest administrative unit having its own officials- the executive officer,
officer recording produce, the treasurer and two registrars. Munsif was the chief assessment
officer and the revenue collector.

The village was the smallest unit of administration. It was the basic economic unit.

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It was administered by three officials- the village headman, the accountant (Patwari) and the
registrar(Chaudhari).The Village Assemblies or Panchayats manged local administration. At
the village level and to large extent in the paragnah, many Hindu officers, belonging to families
associated with administration, were still allowed to work.

In provincial capitals large markets were also established. Cities were divided into
sectors and each sector was in the charge of two officials who were responsible to the chief city
administrator.

The Administration of Justice: Constitution of Courts

In Medieval India the Sultan, being head of the State, was the supreme authority to
adminster justice in his kindom. The administration of justice was one of the important
functions of the Sultan which was actually done in his name in three capacities: As arbitrator in
the disputes of his subjects he dispensed justice through the Diwan-i-Qaza; as head of
bureauracy justice through the Diwan-i-Mazalim; as the Commander-in-Chief of Forces
through his military commanders who constituted Diwan-i-Siyasat to try the rebels and those
charged with high treason. It was the Sultan’s sole prerogative to order the execution of a
criminal and the courts were required to seek his prior approval before awarding the capital
punishment.

The Judicial system under the Sultans was organized on the basis of administrative
divisions of the kingdom. A systematic classification and gradation of the courts existed at the
seat of the capital, in Provinces, Districts, Parganahs and Villages.6 The powers and jurisdiction
of each court was clearly defined.
i) Central Capital – Six courts which were established at Delhi, Capital of the Sultanate,
may be stated as follows:-
The King’s court, Diwan-e-Mazalim, Diwan-e-Risalat, Sadre Jehan’s court, Chief
Justice’s Court and Diwan-e-Siyasat.

The King’s 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. 7The Sultan
was assisted by two reputed Muftis highly qualified in law.
6
M.B. Ahmad, The Administration of Justice in Mediaeval India, pp 104-125.
7
H. Beveridge, History of India, Vol. I, p. 239.

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The Court of Diwan-e-Mazalim was the highest Court of Criminal Appeal and the
Court of Diwan-e-Risalat was the highest court of Civil Appeal. Though the Sultan nominally
presided over these two courts, he seldom sat in them. The Chief Justice (Qazi-ul-Quzat) was
the highest judicial officer next to Sultan. From 1206 to 1248 in the absence of the Sultan the
Chief Justice presided over these Courts. In 1248 Sultan Nasir Uddin, being dissatisfied with
the then Chief Justice, created a superior post of Sadre Jahan and appointed Qazi Minhaj Siraj
to this post. Since then Sadre Jahan became de facto head of the judiciary. The Court of
Ecclesiastical cases, which was under the Chief Justice up to 1248, was also transferred to the
Sadre Jahan and later on became popular as Sadre Jahan’sCourt. Sadre Jahan became more
powerful and occasionally presided over the King’s Court. The officials of the Sadre Jahanand
Chief Justice remained separate for a long time. Ala Uddin amalgamated the two. They were
again separated by Sultan Firoz Tughlaq. The Court of Diwan-e-Siyasat was constituted to deal
with the cases of rebels and those charged with high treason. Its main purpose was to deal with
criminal prosecutions. It was established by Muhammad Tughlaq and continued up to 1351.

The Chief Justice’s Court was established in 1206. It was presided over by the Chief
Justice (Qazi-ul-Qazat). It dealt with all kinds of cases. Earlier, the Qazi-ul-Qazat was the
higher judicial officer but with the creation of a new post of Sadre Jahan its importance was
reduced for some time. The Chief Justice and Pusine Judges were men of ability (Afazil-e-
Rozgar) and were highly respected. Many Chief Justices were famous for their impartiality and
independent character during Sultanate period. Four officers, namely, Mufti, Pandit, Mohtasib
and Dadbad, were attached to the court of the Chief Justice.

Province:-In each Province (Subah) at the Provincial Headquarters five Courts were
established, namely, Adalat Nazim Subah, Adalat Qazi-e-Subah, Governer’s Bench
(Nazim-e-Subah’s Bench), Diwan-e-Subah and Sadre Subah.
Adalat Nazim Subah was the Governor’s (Subehdar) Court. In the Provinces the
Sultanwas represented by him and like the Sultan he exercised original and appellate
jurisdiction. In original cases he usually sat as a single Judge. From his judgement as appeal lay
to the Central Appellate Court at Delhi.
Adalat Qazi-e-Subah was presided over by the Chief Provincial Qazi. He was
empowered to try civil and criminal cases of any description and to hear appeals from the

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Courts of District Qazis. Appeals from this Court were allowed to be made to the Adalat Nazim
Subah. Qazi-e-Subah was also expected to supervise the administration of justice in his Subah
and also that Qazis in districts were properly carrying out their functions. He was selected by
the Chief Justice or by Sadre Jahan and was appointed by the Sultan. Four officers, namely,
Mufti, Pandit, Mohtasib and Dadbak, were attached to this court also.
The Court of Diwan-e-Subah was the final authority in the Province in all cases
concerning land revenue.

ii) Districts:- In each District (Sarkar), at the District Headquarters, six courts
wereestablished, namely, Qazi, Dadbaks or Mir Adls, Faujdars, Sadr, Amils,
Kotwals.

The Court of District Qazi8 was empowered to hear all original civil and criminal
cases. Appeals were also filed before this Court from judgements of the Paraganah Kazis,
Kotwal and Village Panchayat. The Court was presided over by the District Qazi who was
appointed on the recommendation of the Qazi-e-Subah or directly by Sadre Jahan. The same
four officers, namely, Mufti, Pandit, Mohtasib and Dadbak, were attached to this court as well.

The Court of Faujdar tried petty criminal cases concerning security and sespected
criminals. The Court of Sadr dealt with cases concerning grant of land and registration of land.
Court of Amils dealt with Land Revenue cases. Kotwals were authorized to decide petty
criminal cases and police cases.

Parganah: At each Paraganah Headqurter two courts were established, namely, Qazi-e-
Parganah and Kotwal. The Court of Qazi-e-Parganah had all powers of a District Qazi
in all civil and criminal cases except hearing appeals. Canon law cases were also filed
before this court.
iii) Villages: For each group of villages there was a Village Assembly or Panchayat, a
body of five leading men to look after the executive and judicial affairs. The
Sarpanchwas appointed by the Nazim or the Faujdar. There was no interference in
the working of the Panchayat. As a rule, the decision of the Panchayat was binding
upon the parties and no appeal was allowed from its decision.
Chapter 3

8
M. Elphinston, History of India, p. 421.

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The Mughal Period: Judicial System

In India the Mughal period begins with the victory of Babur in 1526 over the last
Lodhi Sultan on Delhi. His, son. Humayun, though he lost his kingdom to Sher Shah Suri in
1540, regained it after defeating the descendants of Sher Shah in July, 1555. The Mughal
Empire contitued from 1555 to 1750.

For the purpose of civil administration the whole empire was divided into the
Imperial Capital, Province (Subahs), Districts (Sarkars), Parganahs and Villages. Just like
Sultans of Delhi, the Mughal Emperors were also absolute monarchs. The Mughal Emperor was
the supreme authority and in him the entire executive, legislative, judicial and military power
resided.

The Administration of Justice: Constitution of Courts

During the Mughal period, the Emperor was considered the “Fountain of Justice”. The
Emperor created a separate department of Justice (Mahakma-e-Adalat) to regulate and see that
the justice was administered properly. On the basis of the administrative divisions, at the
official headquarters in each Province, District, Parganah and Village, separate courts were
established to decide civil, criminal and revenue cases.9 At Delhi, the Imperial capital of India,
highest courts of the Empire empowered with original and appellate jurisdictions were
established. A systematic gradation of courts, with well defined power of the presiding Judges,
existed all over the empire.
i) The Imperial Capital- At Delhi, which was capital (Dural Saltanate) of the
Mughal Emperors in India, three important courts were established.
The Emperor’s Court, presided over by the Emperor, was the highest court of the
Empire. The Court had jurisdiction to hear original civil and criminal cases. As a
court of the first instance generally the Emperor was assisted by a Darogha-e-
Adalat, a Mufti and a Mir Adil10. In criminal cases the Mohtasib-e-Mumalik or the
Chief Mohtasib like Attorney General of India to-day, also assisted the Emperor.
In order to hear appeals, the Emperor presided over a Bench consisting of the

9
M.B. Ahmad, The Administration of Justice in Mediaeval India, pp. 143-166.
10
Alamgir Namah, p. 107.

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Chief Justice(Qazi-ul-Quzat) and Qazis of the Chief Justice’s courts.

The Chief Court of the Empire was the second important court at Delhi, the seat of
the Capital. It was presided over by the Chief Justice (Qazi-ul-Quzat). The Court had the power
to try original, civil and criminal cases, to hear appeals from the Provincial Courts. Chief
Justice was assisted by one or two Qazis of great eminence, who were attached to his Court
were- Doroga-e-Adalat, Mufti, Mohtasib, and Mir Adil.

The Chief Justice was appointed by the Emperor. He was considered the next
important person, after the Emperor, holding the highest office in the Judiciary. Sometimes a
Chief Provincial Qazi was promoted to the post of the Chief Justice.11

The Chief Revenue Court was the third important court established at Delhi. It was
the highest Court of Appeal to decide revenue cases. The Court was presided over by the
Diwan-e-Ala.

Apart from the above stated courts there were two lower courts at Delhi to decide
local cases. The Court of Qazi of Delhi, who enjoyed the status of Chief Qazi of a Province,
decided local civil and criminal cases. An appeal was allowed to the Court of the Chief Justice.
The Court of Qazi-e-Askar was specially constituted to decide cases of the Military area in the
capital.
In the above mentioned Courts, four offices were attached Darogha-e-Adalat,
Mufti, Muhtasib and Mir Adil.

ii) In each Province(Subha) there were three courts, namely, the Governor’s own court
and the bench, the Chief Appellate Court, the Chief Revenue Court.

The Governor’s own court (Adalat-e-Nazim-e-Subah) had original jurisdiction inall

cases arising in provincial capital. It was presided over by the Governor (Nazim-e-Subah).Two
officers attached to the Court of the Governor’s Bench were- A Mufti and a Darogha-e-Adalat.

In Provincial Chief Appellate Court was presided over by the Qazi-e-Subah. The

11
Sir Jadunath Sarkar, Mughal Administration (1935), p. 29.

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Court had original civil and criminal jurisdiction. It was the chief Court of Appeal in the
Provinces for all appeals from the District Courts. The Qazi-e-Subah had powers similar to that
of the Governor. Seven officers attached to this court, were- Mufti, Mohtasib, Darogha-e-
Adalat-e-Subah, Mir Adil, Pandit, Sawaneh Nawis, Waqae Nigar.

Provincial Chief Revenue Court was presided over by Diwan-e-Subah. The Court
was granted original and appellate jurisdiction in revenue cases. An appeal from this court lay
to the Diwan-e-Ala at the Imperial Capital. Four officials attached to this court were- Peshkar,
Darogha, Treasurer and Cashier.

iii) Districts (Sarkars)- In each District (Sarkar) there were four courts, namely, the
Chief Civil and Criminal Court of District, Faujdari Adalat, Kotwali, Amalguzari
Kachehri.

The Chief Civil and Criminal Court of the District was presided over by the Qazi-e-
Sarkar. The Court had original and appellate jurisdiction in all civil and criminal cases and in
religious matters. Qazi-e-Sarkar was the principal judicial officer in a District. Six officers
attached to this Court were- Darogha-i-Adalat, Mir Adil, Mufti, Pandit/ Shastri, Mohtasib and
Vakil-e-Sharai. Appeals from this court lay to Qazi-e-Subah12.

Faujdari Adalat dealt with criminal cases concerning riots and state security. It wa
presided by the Faujdar. Appeals lay to the Governor’s Court.13

Kotwali Court decided cases similar to those under modern Police Acts and had
appellate jurisdiction. It was presided by Kotwal-e-Shahar. Appeals lay to the District Qazi.14

The Amalguzari Kachehri decided all revenue cases. Amalguzar presided over this
Court. An appeal was allowed to the Provincial Diwan.

iv) Parganah:In each Parganah there three courts, namely, Adalat-e-Parganah,

Kotwali, and Kachehri.
12
Henry Elliot and Dowson, History of India, Vol. VII, p. 173.
13
Henry Elliot and Dowson, History of India, Vol. VII, pp.172-3
14
Alexander Dow, History of Hindustan, Vol. III, p. 752.

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Adalat-e-Parganah was presided over by Qazi-e-Parganah. The Court had

jurisdiction over all civil and criminal cases arising within its original jurisdiction. It included
all those villages which were under Parganah court’s jurisdiction. Qazi-i-Parganah had all the
powers of a District Qazi. Four offices attached to Adalat-e-Parganah were – Mufti, Mohtasib-
e-Parganah, Darogha-e-Adalat and Vakil-e-Shara.

Court of Kotwali was presided by Kotwal-e-Parganah to decide such cases as are

found in the modern Police Act. Appeals were made to the Court of District Qazi.
Amin was the presiding officer in Kachehri which decided revenue cases. An appeal
lay to the District Amalguzar.

v) Villages: The village was the smallest administrative unit. From ancient
times the village council (Panchayats)were authorized to administer justice in all petty
civil and criminal matters.15 Generally, the Panchayat meetings were held in public
places. It was presided by five Panchs elected by the villagers who were expected to
give a patient hearing to both the parties and deliver their judgment in the Panchayat
meeting. Sarpanch was the President of the Panchayat. No appeal was allowed from the
decision of a Panchayat. Village Panchayats were mostly governed by their customary
law.

Trail By Ordeal
The Muslim law prohibited the use of trial by ordeal to determine the guilt of

15
Sir Charles Metcalfe in the Report of the Select Committee of the House of Commons, Vol. III, App.
84, p. 331.

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a person. It was not favoured either by the Sultans or by the Mughal Rulers in India. As stater
earlier, the trail by ordeal ws mostly used during the ancient Hindu period. In the non-Muslim
States, which were under the protection of the Sultans and Mughals, however, the old system of
trail by ordeal somehow continued. The Muslim Rulers neither adopted it nor interfered in the
non-Muslim States to stop it.
The Muslim law experts strongly opposed this move to introduce the trial by ordeal
and therefore Akbar gave up the idea. In his records, Hamilton, 16 who came to India during the
reign of Aurangzeb, has mentioneda trial in South India where the accused person was required
to put his hand in a pan of boiling oil.
It may, therefore, be concluded that though at times even the Muslim Rulers tried to
encourage the trial, the system on the whole fell into disuse due to the impact of Muslim law in
India.

16
Captain Hamilton, A New Account of East Indies, Vol. I, p. 315.

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Crimes and Punishments

During the Muslim period Islamic law or Shara was followed by all Sultans and
Mughal Emperors. The Shara is based on the principles emunciated by Quran. Under the
Muslim criminal law, which was mostly based on their religion, any violation of public rights
was an offence against the State.
There were three types of punishments recogonised by Muslim Law,
i) Hadd
ii) Tazir
iii) Qisas
iv) Tashir

Hadd provided a fixed punishment as laid down in Shara, the Islamic law, for
crimes like theft, robbery, whoredom (Zina), Apostasy (Irtidad), defamation (Itteham-e-Zina)
and drunkenness (Shurb). It was equally applicable to Muslims and Non-Muslims.

Tazir was another form of punishment which meant prohibition and it was
applicable to all the crimes which were not classified under “Hadd”. It included crimes like
counterfeiting coins, gambling, minor theft etc.17

“Qisas” or blood-fine was imposed in cases relating to homicide. It was a sort of

blood-money paid by the man killed another man if the murderer was convicted but not
sentenced to death for his offence. Muslim jurists supported Qisas on the basis that “the right of
God’s creatures should prevail” and only when the aggrieved party has expressed his desire, the
state should intervene. Qisas may be compared to the Weregild of the contemporary English
period.

The Muslim Law considered “Treason” (Ghadr) as a crime against God and
religion and, therefore, against the State. Persons held responsible for treason by the court were
mostly punished with death.

Conclusion

17
M.B. Ahmad, The Administration of Justice in Mediaeval India, p.225.

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 Legal Institutions In Medieval India: An
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The Study of the foregoing pages of this project reveals three distinct phases of the political
history of the medieval India during two odd centuries of the Mughal rule. Most of them were
fairly capable and enlightened rulers who did care for the happiness and welfare of their
subjects. Nevertheless, they were usually interlocked with their neighboring chiefs in mutual
conflicts and frittered away their resources in men and materials. Of course, most of the Indian
princes, whether Hindu or Muslims, were conscious of the fact that India should have a strong
central authority albeit the clash of interests between the rivals stood in the way of achieving
that ideal. Talking about India most of the constitution and laws have been inspired from
Medieval India.
The chief quazi or the chief justice was also the minister in charge of the department of justice
which was known as Diwan-i-quaza. Barid-I-mamalik who was the head of the information and
intelligence department, was also an important minister during the period of Delhi sultanate.
The sultan was the fountain of judicial authority and his words were law . his durbar consisted
of highest civil and criminal court of justice, where original as well as appealet cases were
heard , next to sultan the chief quazi was the highest judicial authority. In the province the
governors and the quazi had judicial powers each town also had a quazi the shariat or the
Muslim law was followed in the administration of justice.The penal code was severe in those
days capital punishment and physical torture were frequently awarded as punishments like
cutting of limbs driving nail into the body pouring molten lead into the throat beating with
stones and such other inhuman punishments were common in those days.

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